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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Land Management Workforce
Flexibility Act''.
SEC. 2. PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT AGENCIES.
(a) In General.--Subpart I of part III of title 5, United States
Code, is amended by inserting after chapter 95 the following:
``CHAPTER 96--PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT
AGENCIES
``Sec.
``9601. Definition.
``9602. Competitive service; time-limited appointments.
``Sec. 9601. Definition
``For purposes of this chapter, the term `land management agency'
means--
``(1) the Forest Service of the Department of Agriculture;
``(2) the Bureau of Land Management of the Department of
the Interior;
``(3) the National Park Service of the Department of the
Interior;
``(4) the Fish and Wildlife Service of the Department of
the Interior;
``(5) the Bureau of Indian Affairs of the Department of the
Interior; and
``(6) the Bureau of Reclamation of the Department of the
Interior.
``Sec. 9602. Competitive service; time-limited appointments
``(a) Notwithstanding chapter 33 or any other provision of law
relating to the examination, certification, and appointment of
individuals in the competitive service, an employee of a land
management agency serving under a time-limited appointment in the
competitive service is eligible to compete for a permanent appointment
in the competitive service under that agency's merit promotion
procedures if--
``(1) such individual was appointed initially under open,
competitive examination under subchapter I of chapter 33 to the
time-limited appointment;
``(2) the employee has served under 1 or more time-limited
appointments by such agency for a period or periods totaling
not less than 24 months without an intervening break of 2 or
more years; and
``(3) the employee's performance has been at an acceptable
level of performance throughout the period or periods (as the
case may be) referred to in paragraph (2).
``(b)(1) For purposes of this subsection, the term `successor
permanent position' means, with respect to a time-limited position, a
permanent position in the competitive service with the same or
substantially similar major duties and qualification requirements in
the same major subdivision of the same agency as the time-limited
position.
``(2) Notwithstanding chapter 33 or any other provision of law
relating to the examination, certification, and appointment of
individuals in the competitive service, an employee of a land
management agency serving under a time-limited appointment in the
competitive service shall be offered any successor permanent position
that the agency decides to fill and, upon his or her concurrence, be
appointed to such position if--
``(A) such individual was appointed initially under open,
competitive examination under subchapter I of chapter 33 to the
time-limited appointment;
``(B)(i) the job announcement for the time-limited position
stated that there was potential for the position to become
permanent; or
``(ii) the employee's first time-limited appointment by
such agency occurred before the date of enactment of this
chapter;
``(C) the employee has served under a time-limited
appointment or appointments in a position or positions in such
agency with the same or substantially similar major duties and
qualification requirements as the successor permanent position
for a period or periods totaling not less than 24 months
without an intervening break of 2 or more years; and
``(D) the employee's performance has been at an acceptable
level of performance throughout the period or periods (as the
case may be) referred to in subparagraph (C).
``(3) If 2 or more employees are eligible for conversion under this
subsection, then any preference eligible veterans shall be given
priority.
``(4) If 2 or more employees have equal priority for conversion
under this subsection, then placement shall be determined by
competitive procedures consistent with merit system principles.
``(c) An employee selected or converted under this section becomes
a career-conditional employee, unless the employee has otherwise
completed the service requirements for career tenure.
``(d) An employee appointed under this section acquires competitive
status upon appointment.
``(e) The provisions of this section shall apply with respect to
time-limited employees who have been separated for reasons other than
misconduct or unacceptable performance. For such a separated employee,
the provisions of this chapter shall apply as if such separated
employee occupied the time-limited position from which such employee
was most recently separated. An agency shall be deemed to have met its
obligation under this section if notice is sent to the last known
address of such individual 21 or more days before a successor permanent
position for which he or she is eligible is filled.
``(f) For purposes of this section, time-limited appointments
include temporary appointments and term appointments, as defined by the
Office of Personnel Management.
``(g) The Office of Personnel Management shall prescribe such
regulations as may be necessary to carry out this section.''.
(b) Clerical Amendment.--The analysis for part III of title 5,
United States Code, is amended by inserting after the item for chapter
95 the following:
``96. Personnel flexibilities relating to land management 9601''.
agencies. | Land Management Workforce Flexibility Act - Makes an employee of a land management agency who served under a time-limited appointment in the competitive service eligible to compete for a permanent appointment in the agency if the original appointment was competitive, totaled a period of at least 24 months, and the employee's performance was satisfactory. Requires such an employee's appointment to a full-time position, if such a position is offered and the employee agrees to such employment, if the original position stated that there was the potential for the position to become permanent. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low Volume Motor Vehicle
Manufacturers Act of 2015''.
SEC. 2. EXEMPTION FROM VEHICLE SAFETY STANDARDS FOR LOW VOLUME
MANUFACTURERS.
Section 30114 of title 49, United States Code, is amended--
(1) by striking ``The'' and inserting ``(a) Vehicles Used
for Particular Purposes.--The''; and
(2) by adding at the end the following new subsection:
``(b) Exemption for Low Volume Manufacturers.--
``(1) In general.--The Secretary shall--
``(A) exempt from section 30112(a) of this title
not more than 500 replica motor vehicles per year that
are manufactured or imported by a low volume
manufacturer; and
``(B) except as provided in paragraph (5) of this
subsection, limit any such exemption to the Federal
Motor Vehicle Safety Standards applicable to motor
vehicles and not motor vehicle equipment.
``(2) Registration requirement.--To qualify for an
exemption under paragraph (1), a low volume manufacturer shall
register with the Secretary at such time, in such manner, and
under such terms that the Secretary determines appropriate. The
Secretary shall establish terms that ensure that no person may
register as a low volume manufacturer if the person is
registered as an importer under section 30141 of this title.
``(3) Permanent label requirement.--
``(A) In general.--The Secretary shall require a
low volume manufacturer to affix a permanent label to a
motor vehicle exempted under paragraph (1) that
identifies the specified standards and regulations for
which such vehicle is exempt from section 30112(a) and
designates the model year such vehicle replicates.
``(B) Written notice.--The Secretary may require a
low volume manufacturer of a motor vehicle exempted
under paragraph (1) to deliver written notice of the
exemption to--
``(i) the dealer; and
``(ii) the first purchaser of the motor
vehicle, if the first purchaser is not an
individual that purchases the motor vehicle for
resale.
``(C) Reporting requirement.--A low volume
manufacturer shall annually submit a report to the
Secretary including the number and description of the
motor vehicles exempted under paragraph (1) and a list
of the exemptions described on the label affixed under
subparagraph (A).
``(4) Definitions.--In this subsection:
``(A) Low volume manufacturer.--The term `low
volume manufacturer' means a motor vehicle
manufacturer, other than a person who is registered as
an importer under section 30141 of this title, whose
annual worldwide production is not more than 5,000
motor vehicles.
``(B) Replica motor vehicle.--The term `replica
motor vehicle' means a motor vehicle produced by a low
volume manufacturer and that--
``(i) is intended to resemble the body of
another motor vehicle that was manufactured not
less than 25 years before the manufacture of
the replica motor vehicle; and
``(ii) is manufactured under a license for
the product configuration, trade dress,
trademark or patent for the motor vehicle that
is intended to be replicated from the original
manufacturer, its successors or assignees, or
current owner of such rights, unless there is a
preponderance of evidence that such rights have
been abandoned for at least three years.
``(5) Conforming amendment.--Any motor vehicle exempted
under this subsection shall also be exempted from sections
32304, 32502, and 32902 of this title, and from section 1232 of
title 15 of the United States Code.
``(6) Limitation and public notice.--The Secretary shall
have 60 days to review and approve a registration submitted
under paragraph (2). Any registration not approved or denied
within 60 days shall be deemed approved. The Secretary shall
have the authority to revoke an existing registration based on
a failure to comply with requirements set forth in this
subsection. The registrant shall be provided a reasonable
opportunity to correct all deficiencies, if such are
correctable based on the sole discretion of the Secretary. An
exemption granted by the Secretary to a low volume manufacturer
under this subsection may not be transferred to any other
person, and any unused allotment of vehicles authorized to be
manufactured or imported on an annual basis by a low volume
manufacturer shall not carry forward to another calendar year.
The Secretary shall maintain and update the list of current
registrants on an annual basis and publish such list in the
Federal Register or on a Web page operated by the Secretary.
``(7) Limitation of liability for original manufacturers,
licensors, or owners of product configuration, trade dress or
design patents.--The original manufacturer, its successor or
assignee, or current owner who grants a license or otherwise
transfers rights to a low volume manufacturer as defined in
this section shall incur no liability to any person or entity
under Federal or State statute, regulation, local ordinance, or
under any Federal or State common law for such license or
assignment to a low volume manufacturer.''.
SEC. 3. VEHICLE EMISSION COMPLIANCE STANDARDS FOR LOW VOLUME MOTOR
VEHICLE MANUFACTURERS.
Part A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is
amended--
(1) in section 206(a) by adding at the end the following
new paragraph:
``(5)(A) A motor vehicle engine (including all engine
emission controls) from a motor vehicle that has been granted a
certificate of conformity by the Administrator for the model
year in which the motor vehicle is assembled, or an engine that
has been granted an Executive order for the model year in which
the motor vehicle is assembled subject to regulations
promulgated by the California Air Resources Board, may be
installed in an exempted specially produced motor vehicle, if--
``(i) the manufacturer of the engine supplies
written instructions explaining how to install the
engine and maintain functionality of the engine's
emission control system and the on-board diagnostic
system (commonly known as `OBD II'), except with
respect to evaporative emissions diagnostics;
``(ii) the producer of the exempted specially
produced motor vehicle installs the engine in
accordance with such instructions; and
``(iii) the installation instructions include
emission control warranty information from the engine
manufacturer in compliance with section 207, including
where warranty repairs can be made, emission control
labels to be affixed to the vehicle, and the
certificate of conformity number for the applicable
vehicle in which the engine was originally intended or
the applicable Executive order number for the engine.
``(B) A motor vehicle containing an engine compliant with
the requirements of subparagraph (A) shall be treated as
meeting the requirements of section 202 applicable to new
vehicles manufactured or imported in the model year in which
the exempted specially produced motor vehicle is assembled.
``(C) Engine installations that are not performed in
accordance with installation instructions provided by the
manufacturer and alterations to the engine not in accordance
with the installation instructions shall be treated as
prohibited acts by the installer under section 203 and subject
to penalties under section 205.
``(D) The producer of an exempted specially produced motor
vehicle that has an engine compliant with the requirements of
subparagraph (A) shall provide to the purchaser of such vehicle
all information received by the producer from the engine
manufacturer, including information regarding emissions
warranties from the engine manufacturer and all emissions-
related recalls by the engine manufacturer.
``(E) To qualify to install an engine under this paragraph,
a producer of exempted specially produced motor vehicles shall
register with the Administrator at such time and in such manner
as the Administrator determines appropriate. The producer shall
submit an annual report to the Administrator that includes--
``(i) a description of the exempted specially
produced motor vehicles produced and engines installed
in such vehicles; and
``(ii) the certificate of conformity number issued
to the motor vehicle in which the engine was originally
intended or the applicable Executive order number for
the engine.
``(F) Exempted specially produced motor vehicles compliant
with this paragraph shall be exempted from--
``(i) motor vehicle certification testing that
might otherwise be required under section 206; and
``(ii) vehicle emission control inspection and
maintenance programs required under section 110.
``(G) A producer of exempted specially produced motor
vehicles that is compliant with subparagraphs (A) through (E)
of this paragraph is not considered a manufacturer for the
purposes of this Act.''; and
(2) in section 216 by adding at the end the following new
paragraph:
``(12) Exempted specially produced motor vehicle.--The term
`exempted specially produced motor vehicle' means a replica
motor vehicle that is exempt from specified standards as
defined in section 30114(b) of title 49, United States Code.''.
SEC. 4. IMPLEMENTATION.
Not later than 12 months after the date of the enactment of this
Act, the Secretary of Transportation and the Administrator of the
Environmental Protection Agency shall issue such regulations as may be
necessary to implement sections 2 and 3 of this Act, respectively. | Low Volume Motor Vehicle Manufacturers Act of 2015 This bill directs the Department of Transportation (DOT) to exempt from certain federal motor vehicle safety and labeling standards up to 500 replica motor vehicles per year manufactured or imported by a low volume manufacturer. The term "low volume manufacturer" means a motor vehicle manufacturer (other than a person registered as an importer meeting certain requirements) that annually produces no more than 5,000 motor vehicles worldwide. Manufacturers shall register with DOT to qualify for an exemption. DOT shall require a manufacturer to affix a permanent label to an exempt replica motor vehicle that identifies the motor vehicle safety and labeling standards from which that vehicle is exempt and the model year the vehicle replicates. The Clean Air Act is amended to allow a low volume motor vehicle manufacturer to install in an exempted specifically produced replica motor vehicle a motor vehicle engine (including engine emission controls) from a motor vehicle granted a certificate of conformity with Environmental Protection Agency emission control standards, or another kind of engine granted an executive order for the model year in which the motor vehicle is assembled, if certain requirements are met. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Health Investment Today Act
of 2009'' or the ``PHIT Act of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) almost 20 percent of American children between the ages
of 2 and 19 are overweight or suffer from obesity;
(2) 8 of the 9 most expensive illnesses in the United
States are more common among overweight and obese individuals;
(3) according to the Centers for Disease Control and
Prevention, the increase in the number of overweight and obese
Americans between 1987 and 2001 resulted in a 27 percent
increase in per capita health care costs;
(4) the World Health Organization determined that in the
United States a $1 investment in physical activity alone (in
time and equipment) would reduce medical expenses by $3.20;
(5) research indicates that 2 in 5 Americans would become
more physically active if offered a financial incentive;
(6) the United States ranks last in the world in reducing
the number of preventable deaths resulting from obesity-related
chronic illnesses; and
(7) engaging in physical activities at young ages when
children are learning lifelong behaviors can have a significant
impact on their long-term health.
(b) Purpose.--The purpose of this Act is to promote health and
prevent disease, particularly diseases related to being overweight and
obese, by--
(1) encouraging healthier lifestyles;
(2) providing financial incentives to ease the financial
burden of engaging in healthy behavior; and
(3) increasing the ability of individuals and families to
participate in physical fitness activities.
SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND
EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE.
(a) In General.--Paragraph (1) of section 213(d) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (C), by striking the period at the end of subparagraph (D)
and inserting
``, or'', and by adding at the end the following new subparagraph:
``(E) for qualified sports and fitness expenses.''.
(b) Qualified Sports and Fitness Expenses.--Subsection (d) of
section 213 of such Code is amended by adding at the end the following
paragraph:
``(12) Qualified sports and fitness expenses.--
``(A) In general.--The term `qualified sports and
fitness expenses' means amounts paid--
``(i) for membership at a fitness center,
``(ii) for participation or instruction in
a program of physical exercise or physical
activity, and
``(iii) for equipment for use in a program
(including a self-directed program) of physical
exercise or physical activity.
``(B) Overall dollar limitation.--The aggregate
amount treated as qualified sports and fitness expenses
with respect to any taxpayer for any taxable year shall
not exceed $1,000 ($2,000 in the case of a joint return
or a head of household (as defined in section 2(b))).
``(C) Fitness facility defined.--For purposes of
subparagraph (A)(i), the term `fitness facility' means
a facility--
``(i) providing instruction in a program of
physical exercise, offering facilities for the
preservation, maintenance, encouragement, or
development of physical fitness, or serving as
the site of such a program of a State or local
government,
``(ii) which is not a private club owned
and operated by its members,
``(iii) which does not offer golf, hunting,
sailing, or riding facilities,
``(iv) whose health or fitness facility is
not incidental to its overall function and
purpose, and
``(v) which is fully compliant with the
State of jurisdiction and Federal anti-
discrimination laws.
``(D) Limitations related to sports and fitness
equipment.--Amounts paid for equipment described in
subparagraph (A)(iii) shall be treated as a qualified
sports and fitness expense only--
``(i) if such equipment is utilized
exclusively for participation in fitness,
exercise, sport, or other physical activity
programs,
``(ii) if such equipment is not apparel or
footwear, and
``(iii) in the case of any item of sports
equipment (other than exercise equipment), with
respect to so much of the amount paid for such
item as does not exceed $250.
``(E) Programs which include components other than
physical exercise and physical activity.--Rules similar
to the rules of section 213(d)(6) shall apply in the
case of any program that includes physical exercise or
physical activity and also other components. For
purposes of the preceding sentence, travel and
accommodations shall be treated as an other
component.''.
(c) Exception for Health Savings Accounts.--Subparagraph (A) of
section 223(d)(2) of such Code is amended by inserting ``, determined
without regard to paragraph (1)(E) thereof'' after ``section 213(d)''.
(d) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act. | Personal Health Investment Today Act of 2009 or the PHIT Act of 2009 - Amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for married couples filing jointly or heads of household) of qualified sports and fitness expenses. Defines "qualified sports and fitness expenses" as amounts paid for fitness center memberships, physical exercise programs, and exercise equipment. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rape Survivor Child Custody Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Men who father children through rape should be
prohibited from visiting or having custody of those children.
(2) According to several studies, it is estimated that
there are between 25,000 and 32,000 rape-related pregnancies
annually in the United States.
(3) A substantial number of women choose to raise their
child conceived through rape and, as a result, may face custody
battles with their rapists.
(4) According to one study, 32.3 percent of women who were
raped and became pregnant as a result of the rape kept their
child.
(5) Another study found that, of the 73 percent of women
who became pregnant as a result of a rape and carried their
pregnancies to term, 64 percent raised their children.
(6) Rape is one of the most under-prosecuted serious
crimes, with estimates of criminal conviction occurring in less
than 5 percent of rapes.
(7) The clear and convincing evidence standard is the most
common standard for termination of parental rights among the 50
States, territories, and the District of Columbia.
(8) The Supreme Court established that the clear and
convincing evidence standard satisfies due process for
allegations to terminate or restrict parental rights in
Santosky v. Kramer (455 U.S. 745 (1982)).
(9) Currently only 6 States have statutes allowing rape
survivors to petition for the termination of parental rights of
the rapist based on clear and convincing evidence that the
child was conceived through rape.
(10) A rapist pursuing parental or custody rights forces
the survivor to have continued interaction with the rapist,
which can have traumatic psychological effects on the survivor,
making it more difficult for her to recover.
(11) These traumatic effects on the mother can severely
negatively impact her ability to raise a healthy child.
(12) Rapists may use the threat of pursuing custody or
parental rights to coerce survivors into not prosecuting rape,
or otherwise harass, intimidate, or manipulate them.
SEC. 3. GRANTS AUTHORIZED.
The Attorney General shall make grants to States that have in place
a law that allows the mother of any child that was conceived through
rape to seek court-ordered termination of the parental rights of her
rapist with regard to that child, which the court shall grant upon
clear and convincing evidence of rape.
SEC. 4. APPLICATION.
A State seeking a grant under this Act shall submit an application
to the Attorney General at such time, in such manner, and containing
such information as the Attorney General may reasonably require,
including information about the law described in section 3.
SEC. 5. GRANT AMOUNT.
The amount of a grant to a State under this Act shall be in an
amount that is not greater than 10 percent of the average of the total
amount of funding of the 3 most recent awards that the State received
under the following grant programs:
(1) Part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg et seq.) (commonly
referred to as the ``STOP Violence Against Women Formula Grant
Program'').
(2) Section 41601 of the Violence Against Women Act of 1994
(42 U.S.C. 14043g) (commonly referred to as the ``Sexual
Assault Services Program'').
SEC. 6. GRANT TERM.
(a) In General.--The term of a grant under this Act shall be for
one year.
(b) Renewal.--A State that receives a grant under this Act may
submit an application for a renewal of such grant at such time, in such
manner, and containing such information as the Attorney General may
reasonably require.
(c) Limit.--A State may not receive a grant under this Act for more
than 4 years.
SEC. 7. USES OF FUNDS.
A State that receives a grant under this section shall use--
(1) 25 percent of such funds for any of the permissible
uses of funds under the grant program described in paragraph
(1) of section 5; and
(2) 75 percent of such funds for any of the permissible
uses of funds under the grant program described in paragraph
(2) of section 5.
SEC. 8. TERMINATION DEFINED.
(a) In General.--In this Act, the term ``termination'' means, when
used with respect to parental rights, a complete and final termination
of the parent's right to custody of, guardianship of, visitation with,
access to, and inheritance from a child.
(b) Rule of Construction.--Nothing in this section shall be
construed to require a State, in order to receive a grant under this
Act, to have in place a law that terminates any obligation of a person
who fathered a child through rape to support the child.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $5,000,000 for each of
fiscal years 2014 through 2018. | Rape Survivor Child Custody Act - Directs the Attorney General to make grants to states that have in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court shall grant upon clear and convincing evidence of rape. Limits such a grant to: (1) an amount that is not greater than 10% of the average of the total funding of the 3 most recent awards a state received under the STOP Violence Against Women Formula Grant Program and the Sexual Assault Services Program; and (2) a 1-year term, subject to renewal for not more than 3 additional years. Requires a state that receives such a grant to use: (1) 25% of grant funds for permissible uses under the STOP Violence Against Women Formula Grant Program, and (2) 75% of funds for permissible uses under the Sexual Assault Services Program. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Nevada Higher Education
Land Act of 2008''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) southern Nevada is one of the fastest growing regions
in the United States, with 750,000 new residents added since
2000 and 250,000 residents expected to be added by 2010;
(2) the Nevada System of Higher Education serves more than
70,000 undergraduate and graduate students in southern Nevada,
with enrollment in the System expected to grow by 21 percent
during the next 10 years, which would bring enrollment to a
total of 85,000 students in the System;
(3) the Nevada System of Higher Education campuses in
southern Nevada comprise 1,200 acres, one of the smallest land
bases of any major higher education system in the western
United States;
(4) the University of Nevada, Las Vegas, with 28,500
students and 3,300 faculty and staff, is the fourth fastest-
growing research university in the United States;
(5) the College of Southern Nevada--
(A) serves 39,000 students each semester; and
(B) is near capacity at each of the 3 urban
campuses of the College;
(6) Pahrump, located in rural Nye County, Nevada--
(A) has grown by 20 percent since 2000; and
(B) has a small satellite campus of Great Basin
College to serve the 40,500 residents of Pahrump,
Nevada; and
(7) the Nevada System of Higher Education needs additional
land to provide for the future growth of the System,
particularly for the University of Nevada, Las Vegas, the
College of Southern Nevada, and the Pahrump campus of Great
Basin College.
(b) Purposes.--The purposes of this Act are--
(1) to provide additional land for a thriving higher
education system that serves the residents of fast-growing
southern Nevada;
(2) to provide residents of the State with greater
opportunities to pursue higher education and the resulting
benefits, which include increased earnings, more employment
opportunities, and better health; and
(3) to provide communities in southern Nevada the economic
and societal values of higher education, including economic
growth, lower crime rates, greater civic participation, and
less reliance on social services.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board of regents.--The term ``Board of Regents'' means
the Board of Regents of the Nevada System of Higher Education.
(2) Campuses.--The term ``Campuses'' means the Great Basin
College, College of Southern Nevada, and University of Las
Vegas, Nevada, campuses.
(3) Federal land.--The term ``Federal land'' means each of
the 3 parcels of Bureau of Land Management land identified on
the maps as ``Parcel to be Conveyed'', of which--
(A) approximately 40 acres is to be conveyed for
the College of Southern Nevada;
(B) approximately 2,085 acres is to be conveyed for
the University of Nevada, Las Vegas; and
(C) approximately 285 acres is to be conveyed for
the Great Basin College.
(4) Map.--The term ``Map'' means each of the 3 maps
entitled ``Southern Nevada Higher Education Land Act'', dated
July 11, 2008, and on file and available for public inspection
in the appropriate offices of the Bureau of Land Management.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Nevada.
(7) System.--The term ``System'' means the Nevada System of
Higher Education.
SEC. 4. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM.
(a) Conveyances.--
(1) In general.--Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) and
section 1(c) of the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869(c)), and
subject to all valid existing rights, the Secretary shall--
(A) not later than 180 days after the date of
enactment of this Act, convey to the System, without
consideration, all right, title, and interest of the
United States in and to the Federal land for the Great
Basin College and the College of Southern Nevada; and
(B) not later than 180 days after the receipt of
certification of acceptable remediation of
environmental conditions existing on the parcel to be
conveyed for the University of Nevada, Las Vegas,
convey to the System, without consideration, all right,
title, and interest of the United States in and to the
Federal land for the University of Nevada, Las Vegas.
(2) Phases.--The Secretary may phase the conveyance of the
Federal land under paragraph (1)(B) as remediation is
completed.
(b) Conditions.--
(1) In general.--As a condition of the conveyance under
subsection (a)(1), the Board of Regents shall agree in
writing--
(A) to pay any administrative costs associated with
the conveyance, including the costs of any
environmental, wildlife, cultural, or historical
resources studies;
(B) to use the Federal land conveyed for
educational and recreational purposes;
(C) to release and indemnify the United States from
any claims or liabilities that may arise from uses
carried out on the Federal land on or before the date
of enactment of this Act by the United States or any
person;
(D) as soon as practicable after the date of the
conveyance under subsection (a)(1), to erect at each of
the Campuses an appropriate and centrally located
monument that acknowledges the conveyance of the
Federal land by the United States for the purpose of
furthering the higher education of the citizens in the
State; and
(E) to assist the Bureau of Land Management in
providing information to the students of the System and
the citizens of the State on--
(i) public land (including the management
of public land) in the Nation; and
(ii) the role of the Bureau of Land
Management in managing, preserving, and
protecting the public land in the State.
(2) Agreement with nellis air force base.--As a condition
of the conveyance of the Federal land for the University of
Nevada, Las Vegas under subsection (a)(1)(B), the Board of
Regents shall enter into a cooperative interlocal agreement
with Nellis Air Force Base that is consistent with the missions
of the System and the United States Air Force.
(c) Use of Federal Land.--
(1) In general.--The System may use the Federal land
conveyed under subsection (a)(1) for--
(A) any purpose relating to the establishment,
operation, growth, and maintenance of the System; and
(B) any uses relating to the purposes, including
residential and commercial development that would
generally be associated with an institution of higher
education.
(2) Other entities.--The System may--
(A) consistent with Federal and State law, lease,
or otherwise provide property or space at, the
Campuses, with or without consideration, to religious,
public interest, community, or other groups for
services and events that are of interest to the System
or to any community located in southern Nevada;
(B) allow any other communities in southern Nevada
to use facilities of the Campuses for educational and
recreational programs of the community; and
(C) in conjunction with the city of Las Vegas,
North Las Vegas, or Pahrump or Clark or Nye County
plan, finance (including through the provision of cost-
share assistance), construct, and operate facilities
for the city of Las Vegas, North Las Vegas, or Pahrump
or Clark or Nye County on the Federal land conveyed for
educational or recreational purposes consistent with
this section.
(d) Reversion.--
(1) In general.--If the Federal land or any portion of the
Federal land conveyed under subsection (a)(1) ceases to be used
for the System, the Federal land, or any portion of the Federal
land shall, at the discretion of the Secretary, revert to the
United States.
(2) University of nevada, las vegas.--If the System fails
to complete the first building or show progression toward
development of the University of Nevada, Las Vegas campus on
the applicable parcels of Federal land by the date that is 50
years after the date of receipt of certification of acceptable
remediation of environmental conditions, the parcels of the
Federal land described in section 3(3)(B) shall, at the
discretion of the Secretary, revert to the United States. | Southern Nevada Higher Education Land Act of 2008 - Directs the Secretary of the Interior to convey three parcels of Bureau of Land Management (BLM) land to: (1) the Nevada System of Higher Education for the Great Basin College and the College of Southern Nevada; and (2) the System for the University of Nevada, Las Vegas.
Specifies that the Nevada System of Higher Education may use the conveyed federal land for any purpose relating to the establishment, operation, growth, and maintenance of the System and for any uses related to such purposes, including residential and commercial development that would generally be associated with an institution of higher education. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communist China Subsidy Reduction
Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the People's Republic of China has enjoyed ready access
to international capital through commercial loans, direct
investment, sales of securities, bond sales, and foreign aid;
(2) regarding international commercial lending, the
People's Republic of China had $48,000,000,000 in loans
outstanding from private creditors in 1995;
(3) regarding international direct investment,
international direct investment in the People's Republic of
China from 1993 through 1995 totaled $97,151,000,000, and in
1996 alone totaled $47,000,000,000;
(4) regarding investment in Chinese securities, the
aggregate value of outstanding Chinese securities currently
held by Chinese nationals and foreign persons is
$175,000,000,000, and from 1993 through 1995 foreign persons
invested $10,540,000,000 in Chinese stocks;
(5) regarding investment in Chinese bonds, entities
controlled by the Government of the People's Republic of China
have issued 75 bonds since 1988, including 36 dollar-
denominated bond offerings valued at more than $6,700,000,000,
and the total value of long-term Chinese bonds outstanding as
of January 1, 1996, was $11,709,000,000;
(6) regarding international assistance, the People's
Republic of China received almost $1,000,000,000 in foreign aid
grants and an additional $1,566,000,000 in technical assistance
grants from 1993 through 1995, and in 1995 received
$5,540,000,000 in bilateral assistance loans, including
concessional aid, export credits, and related assistance; and
(7) regarding international financial institutions--
(A) despite the People's Republic of China's access
to international capital and world financial markets,
international financial institutions have annually
provided it with more than $4,000,000,000 in loans in
recent years, amounting to almost a third of the loan
commitments of the Asian Development Bank and 17.1
percent of the loan approvals by the International Bank
for Reconstruction and Development in 1995; and
(B) the People's Republic of China borrows more
from the International Bank for Reconstruction and
Development and the Asian Development Bank than any
other country, and loan commitments from those
institutions to the People's Republic of China
quadrupled from $1,100,000,000 in 1985 to
$4,300,000,000 by 1995.
SEC. 3. OPPOSITION OF UNITED STATES TO CONCESSIONAL LOANS TO THE
PEOPLE'S REPUBLIC OF CHINA.
Title XV of the International Financial Institutions Act (22 U.S.C.
262o-262o-1) is amended by adding at the end the following:
``SEC. 1503. OPPOSITION OF UNITED STATES TO CONCESSIONAL LOANS TO THE
PEOPLE'S REPUBLIC OF CHINA.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Directors at each international financial
institution (as defined in section 1702(c)(2) of the International
Financial Institutions Act) to use the voice and vote of the United
States to oppose the provision by the institution of concessional loans
to the People's Republic of China, any citizen or national of the
People's Republic of China, or any entity established in the People's
Republic of China.
``(b) Concessional Loans Defined.--As used in subsection (a), the
term `concessional loans' means loans with highly subsidized interest
rates, grace periods for repayment of 5 years or more, and maturities
of 20 years or more.''.
SEC. 4. PRINCIPLES THAT SHOULD BE ADHERED TO BY ANY UNITED STATES
NATIONAL CONDUCTING AN INDUSTRIAL COOPERATION PROJECT IN
THE PEOPLE'S REPUBLIC OF CHINA.
(a) Purpose.--It is the purpose of this section to create
principles governing the conduct of industrial cooperation projects of
United States nationals in the People's Republic of China.
(b) Statement of Principles.--It is the sense of the Congress that
any United States national conducting an industrial cooperation project
in the People's Republic of China should:
(1) Suspend the use of any goods, wares, articles, or
merchandise that the United States national has reason to
believe were mined, produced, or manufactured, in whole or in
part, by convict labor or forced labor, and refuse to use
forced labor in the industrial cooperation project.
(2) Seek to ensure that political or religious views, sex,
ethnic or national background, involvement in political
activities or nonviolent demonstrations, or association with
suspected or known dissidents will not prohibit hiring, lead to
harassment, demotion, or dismissal, or in any way affect the
status or terms of employment in the industrial cooperation
project. The United States national should not discriminate in
terms or conditions of employment in the industrial cooperation
project against persons with past records of arrest or internal
exile for nonviolent protest or membership in unofficial
organizations committed to nonviolence.
(3) Ensure that methods of production used in the
industrial cooperation project do not pose an unnecessary
physical danger to workers and neighboring populations or
property, and that the industrial cooperation project does not
unnecessarily risk harm to the surrounding environment; and
consult with community leaders regarding environmental
protection with respect to the industrial cooperation project.
(4) Strive to establish a private business enterprise when
involved in an industrial cooperation project with the
Government of the People's Republic of China or other state
entity.
(5) Discourage any Chinese military presence on the
premises of any industrial cooperation projects which involve
dual-use technologies.
(6) Undertake to promote freedom of association and
assembly among the employees of the United States national. The
United States national should protest any infringement by the
Government of the People's Republic of China of these freedoms
to the International Labor Organization's office in Beijing.
(7) Provide the Department of State with information
relevant to the Department's efforts to collect information on
prisoners for the purposes of the Prisoner Information
Registry, and for other reporting purposes.
(8) Discourage or undertake to prevent compulsory political
indoctrination programs from taking place on the premises of
the industrial cooperation project.
(9) Promote freedom of expression, including the freedom to
seek, receive, and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print,
in the form of art, or through any media. To this end, the
United States national should raise with appropriate
authorities of the Government of the People's Republic of China
concerns about restrictions on the free flow of information.
(10) Undertake to prevent harassment of workers who,
consistent with the United Nations World Population Plan of
Action, decide freely and responsibly the number and spacing of
their children; and prohibit compulsory population control
activities on the premises of the industrial cooperation
project.
(c) Promotion of Principles by Other Nations.--The Secretary of
State shall forward a copy of the principles set forth in subsection
(b) to the member nations of the Organization for Economic Cooperation
and Development and encourage them to promote principles similar to
these principles.
(d) Registration Requirement.--
(1) In general.--Each United States national conducting an
industrial cooperation project in the People's Republic of
China shall register with the Secretary of State and indicate
that the United States national agrees to implement the
principles set forth in subsection (b). No fee shall be
required for registration under this subsection.
(2) Preference for participation in trade missions.--The
Secretary of Commerce shall consult the register prior to the
selection of private sector participants in any form of trade
mission to China, and undertake to involve those United States
nationals that have registered their adoption of the principles
set forth above.
(e) Definitions.--As used in this section--
(1) the term ``industrial cooperation project'' refers to a
for-profit activity the business operations of which employ
more than 25 individuals or have assets greater than $25,000;
and
(2) the term ``United States national'' means--
(A) a citizen or national of the United States or a
permanent resident of the United States; and
(B) a corporation, partnership, or other business
association organized under the laws of the United
States, any State or territory thereof, the District of
Columbia, the Commonwealth of Puerto Rico, or the
Commonwealth of the Northern Mariana Islands.
SEC. 5. PROMOTION OF EDUCATIONAL, CULTURAL, SCIENTIFIC, AGRICULTURAL,
MILITARY, LEGAL, POLITICAL, AND ARTISTIC EXCHANGES
BETWEEN THE UNITED STATES AND CHINA.
(a) Exchanges Between the United States and China.--Agencies of the
United States Government which engage in educational, cultural,
scientific, agricultural, military, legal, political, and artistic
exchanges shall endeavor to initiate or expand such exchange programs
with regard to China.
(b) Sense of Congress.--It is the sense of the Congress that a
federally chartered not-for-profit organization should be established
to fund exchanges between the United States and China through private
donations.
Passed the House of Representatives November 6, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Communist China Subsidy Reduction Act of 1997 - Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. Executive Directors at each international financial institution to vote to oppose the provision of concessional loans (with highly subsidized interest rates, grace periods for repayment of five years or more, and maturities of 20 years or more) to China, any Chinese citizen or national, or any Chinese entity. (Sec. 4) Expresses the sense of the Congress that U.S. nationals conducting industrial cooperation projects in China should adhere to certain principles, including: (1) suspending the use of any merchandise that they have reason to believe was produced by convict or forced labor, and refusing to use forced labor in their projects; (2) seeking to ensure that political or religious views, sex, ethnic or national background, or association with dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or otherwise affect the employment status of an individual employed in the industrial cooperation project; (3) ensuring that methods of production used in the projects do not pose unnecessary danger to workers and the surrounding neighborhoods and environment; (4) striving to establish private business enterprises when involved in a project with the Government of China; (5) discouraging any military presence on the premises of the project; (6) promoting freedom of association and assembly among employees; (7) providing the Department of State with information relevant to its efforts to collect information on prisoners for purposes of the Prisoner Information Registry; (8) discouraging or preventing compulsory political indoctrination programs from taking place on project premises; (9) promoting freedom of expression of all kinds; and (10) preventing harassment of workers who decide freely the number and spacing of their children, and prohibiting compulsory population control activities on the premises of the project. Directs the Secretary of State to forward a copy of these principles to the member nations of the Organization for Economic Cooperation and Development, and encourage them to promote similar principles. Directs each U.S. national conducting an industrial cooperation project in China to register with the Secretary and indicate whether they agree to implement such principles. Directs the Secretary of Commerce to give preference to U.S. nationals who have adopted such principles when selecting participants for trade missions to China. (Sec. 5) Directs U.S. agencies that engage in educational, cultural, scientific, agricultural, military, legal, political, and artistic exchanges to initiate and expand such exchange programs with regard to China. Expresses the sense of the Congress that a federally chartered not-for-profit organization should be established to fund exchanges between the United States and China through private donations. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reconnecting Congress with America
Act of 2011''.
SEC. 2. REDUCTION IN SALARIES OF MEMBERS OF CONGRESS IN RESPONSE TO
FEDERAL BUDGET DEFICIT.
(a) Determination of Salaries.--The annual rate of pay for a Member
of Congress (including a Delegate or Resident Commissioner to the
Congress) for pay periods occurring in a calendar year shall be equal
to the following:
(1) If, with respect to the most recent fiscal year ending
before that calendar year, the Federal deficit was equal to or
greater than 3 percent of the gross domestic product, 80% of
the base rate applicable to the Member.
(2) If, with respect to the most recent fiscal year ending
before that calendar year, the Federal deficit was less than 3
percent of the gross domestic product, 90% of the base rate
applicable to the Member.
(3) If, with respect to the most recent fiscal year ending
before that calendar year, there was no Federal deficit, 100%
of the base rate applicable to the Member.
(b) Federal Deficit.--
(1) Definition.--For purposes of this section, the term
``Federal deficit'' means, with respect to a fiscal year, the
amount by which outlays of the Federal Government exceeded
receipts of the Government for that fiscal year.
(2) Report by secretary of the treasury.--Not later than 30
days after the end of each fiscal year (beginning with fiscal
year 2011), the Secretary of the Treasury shall--
(A) make a determination of the gross domestic
product for that fiscal year;
(B) make a determination of whether a Federal
deficit existed with respect to that fiscal year, and,
if so, the amount of such Federal deficit; and
(C) submit a report of such determinations to
Congress.
(c) Base Rate.--For purposes of this section, the ``base rate''
applicable to a Member of Congress means--
(1) in the case of the Speaker of the House of
Representatives, $223,500;
(2) in the case of the President pro tempore of the Senate,
the majority leader and the minority leader of the Senate, and
the majority leader and the minority leader of the House of
Representatives, $193,400; and
(3) in the case of any other Member of Congress, $174,000.
(d) Conforming Amendment.--Section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 31) is repealed.
(e) Effective Date.--
(1) In general.--This section and the amendments made by
this section shall apply with respect to pay periods occurring
on or after January 1, 2013.
(2) Sense of congress regarding voluntary return of
salary.--It is the sense of Congress that, during pay periods
occurring after the date of enactment of this Act and prior to
the date referred to in paragraph (1), each Member of Congress
should voluntarily adjust the amount of the Member's salary to
reflect the annual rates of pay that will take effect on such
date.
SEC. 3. RETIREMENT CONTRIBUTIONS FOR MEMBERS OF CONGRESS.
(a) Civil Service Retirement System.--
(1) Member contribution.--Notwithstanding any provision of
subsection (a)(1)(A) or (k)(1)(A) of section 8334 of title 5,
United States Code, for any period beginning on or after date
of enactment of this Act, the contributions payable by a Member
of Congress under such provision for such period shall be equal
to the percentage that would otherwise apply plus 4.9
percentage points.
(2) Government contribution.--Notwithstanding any provision
of subsection (a)(1)(B) or (k)(1)(B) of section 8334 of such
title, for any period beginning on or after date of enactment
of this Act, the contributions payable under such provision for
a Member of Congress shall be equal to the percentage that
would otherwise apply minus 4.9 percentage points.
(b) Federal Employees' Retirement System.--
(1) Member contribution.--Notwithstanding any provision of
section 8422(a) of title 5, United States Code, for any period
beginning on or after date of enactment of this Act, the
contributions payable by a Member of Congress under such
provision for such period shall be equal to the percentage that
would otherwise apply plus 4.9 percentage points.
(2) Government contribution.--Notwithstanding any provision
of section 8423 of such title, for any period beginning on or
after date of enactment of this Act, the contributions payable
under such provision for a Member of Congress shall be equal to
the percentage that would otherwise apply (disregarding
paragraph (1)) minus 4.9 percentage points.
SEC. 4. PROHIBITING COMMODITIES AND SECURITIES TRADING BASED ON
NONPUBLIC INFORMATION RELATING TO CONGRESS.
(a) Nonpublic Information Relating to Congress and Other Federal
Employees.--
(1) Commodities transactions.--Section 4c of the Commodity
Exchange Act (7 U.S.C. 6c) is amended by adding at the end the
following:
``(h) Nonpublic Information Relating to Congress.--Not later than
270 days after the date of enactment of this subsection, the Commission
shall by rule prohibit any person from buying or selling any commodity
for future delivery or swap while such person is in possession of
material nonpublic information, as defined by the Commission, relating
to any pending or prospective legislative action relating to such
commodity if--
``(1) such information was obtained by reason of such
person being a Member or employee of Congress; or
``(2) such information was obtained from a Member or
employee of Congress, and such person knows that the
information was so obtained.
``(i) Nonpublic Information Relating to Other Federal Employees.--
``(1) Rulemaking.--Not later than 270 days after the date
of enactment of this subsection, the Commission shall by rule
prohibit any person from buying or selling any commodity for
future delivery or swap while such person is in possession of
material nonpublic information derived from Federal employment
and relating to such commodity if--
``(A) such information was obtained by reason of
such person being an employee of an agency, as such
term is defined in section 551(1) of title 5, United
States Code; or
``(B) such information was obtained from such an
employee, and such person knows that the information
was so obtained.
``(2) Material nonpublic information.--For purposes of this
subsection, the term `material nonpublic information' means any
information that an employee of an agency (as such term is
defined in section 551(1) of title 5, United States Code) gains
by reason of Federal employment and that such employee knows or
should know has not been made available to the general public,
including information that--
``(A) is routinely exempt from disclosure under
section 552 of title 5, United States Code, or
otherwise protected from disclosure by statute,
Executive order, or regulation;
``(B) is designated as confidential by an agency;
or
``(C) has not actually been disseminated to the
general public and is not authorized to be made
available to the public on request.''.
(2) Securities transactions.--Section 10 of the Securities
Exchange Act of 1934 (15 U.S.C. 78j) is amended by adding at
the end the following:
``(d) Nonpublic Information Relating to Congress.--Not later than
270 days after the date of enactment of this subsection, the Commission
shall by rule prohibit any person from buying or selling the securities
or security based swaps of any issuer while such person is in
possession of material nonpublic information, as defined by the
Commission, relating to any pending or prospective legislative action
relating to such issuer if--
``(1) such information was obtained by reason of such
person being a Member or employee of Congress; or
``(2) such information was obtained from a Member or
employee of Congress, and such person knows that the
information was so obtained.
``(e) Nonpublic Information Relating to Other Federal Employees.--
``(1) Rulemaking.--Not later than 270 days after the date
of enactment of this subsection, the Commission shall by rule
prohibit any person from buying or selling the securities or
security based swaps of any issuer while such person is in
possession of material nonpublic information derived from
Federal employment and relating to such issuer if--
``(A) such information was obtained by reason of
such person being an employee of an agency, as such
term is defined in section 551(1) of title 5, United
States Code; or
``(B) such information was obtained from such an
employee, and such person knows that the information
was so obtained.
``(2) Material nonpublic information.--For purposes of this
subsection, the term `material nonpublic information' means any
information that an employee of an agency (as such term is
defined in section 551(1) of title 5, United States Code) gains
by reason of Federal employment and that such employee knows or
should know has not been made available to the general public,
including information that--
``(A) is routinely exempt from disclosure under
section 552 of title 5, United States Code, or
otherwise protected from disclosure by statute,
Executive order, or regulation;
``(B) is designated as confidential by an agency;
or
``(C) has not actually been disseminated to the
general public and is not authorized to be made
available to the public on request.''.
(b) Committee Hearings on Implementation.--
(1) In general.--The Committee on Agriculture of the House
of Representatives shall hold a hearing on the implementation
by the Commodity Futures Trading Commission of subsections (h)
and (i) of section 4c of the Commodity Exchange Act (as added
by subsection (a)), and the Committee on Financial Services of
the House of Representatives shall hold a hearing on the
implementation by the Securities Exchange Commission of
subsections (d) and (e) of section 10 of the Securities
Exchange Act of 1934 (as added by subsection (a)).
(2) Exercise of rulemaking authority.--Paragraph (1) is
enacted--
(A) as an exercise of the rulemaking power of the
House of Representatives and, as such, shall be
considered as part of the rules of the House, and such
rules shall supersede any other rule of the House only
to the extent that rule is inconsistent therewith; and
(B) with full recognition of the constitutional
right of the House to change such rules (so far as
relating to the procedure in the House) at any time, in
the same manner, and to the same extent as in the case
of any other rule of the House.
SEC. 5. SENSE OF CONGRESS REGARDING APPLICATION OF LAWS TO MEMBERS.
It is the sense of Congress that any law enacted by Congress should
apply to Members of Congress in the same manner and to the same extent
as the law applies to other individuals. | Reconnecting Congress with America Act of 2011 - Adjusts the annual rate of pay for Members of Congress for pay periods occurring in a calendar year if, for the most recent fiscal year ending before that calendar year, the federal deficit attained specified levels. Sets a Member's annual pay rate at: (1) 80% of the applicable base rate if the federal deficit was equal to or greater than 3% of the gross domestic product (GDP), (2) 90% of the applicable rate if the federal deficit was less than 3% of GDP, and (3) 100% of the applicable rate if there was no federal deficit.
Amends the Legislative Reorganization Act of 1946 to eliminate any statutory pay adjustments for Members of Congress.
Increases by 4.9% the contributions payable by a Member of Congress under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS).
Establishes the federal contributions payable under CSRS and FERS for a Member equal to the percentage that would otherwise apply minus such 4.9% increase.
Amends the Commodity Exchange Act and the Securities Exchange Act of 1934 to direct both the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) to prohibit purchase or sale of either securities, security-based swaps, or commodities for future delivery or swap by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained: (1) knowingly from a Member or congressional employee, (2) by reason of being a Member or congressional employee, or (3) from other federal employees and derived from their federal employment.
Directs both the Committee on Agriculture and the Committee on Financial Services of the House of Representatives to hold hearings on the implementation by the CFTC and the SEC of such financial transaction prohibitions. Expresses the sense of Congress that any law enacted by Congress should apply to Members of Congress in the same manner and to the same extent as the law applies to other individuals. | [
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SECTION 1. THREE-YEAR MODIFICATION OF PROCEDURES RELATING TO ASSISTANCE
FOR COUNTRIES NOT COOPERATING WITH UNITED STATES
COUNTERDRUG EFFORTS.
(a) In General.--Chapter 8 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291 et seq.) is amended by adding at the end the
following new section:
``SEC. 490A. LIMITATIONS DURING FISCAL YEARS 2002, 2003, AND 2004 ON
ASSISTANCE FOR COUNTRIES NOT COOPERATING WITH UNITED
STATES COUNTERDRUG EFFORTS.
``(a) Annual Identification of Countries Not Cooperating.--Not
later than November 1 of 2001, 2002, and 2003, the President shall
submit to the appropriate committees of Congress a report identifying
each country, if any, that the President proposes to be subject to the
provisions of subsection (f) in the fiscal year in which the country is
so identified by reason that such country--
``(1) is not cooperating fully with the United States in
achieving full compliance with the goals and objectives of the
United Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances;
``(2) is not taking adequate steps on its own to achieve
full compliance with the goals and objectives of the
Convention; or
``(3) is not taking adequate steps to achieve full
compliance with the goals and objectives of a bilateral
agreement with the United States on illicit drug control.
``(b) Countries Subject to Withholding of Bilateral Assistance and
Opposition to Multilateral Assistance.--
``(1) Identification.--Not later than March 1 of 2002,
2003, and 2004, the President shall submit to the appropriate
committees of Congress a report identifying each country, if
any, that shall be subject to the provisions of subsection (f)
during the fiscal year in which the country is so identified
under this subsection by reason of its identification in the
most recent report under subsection (a).
``(2) Limitation on countries identified.--A country may be
identified in a report under paragraph (1) only if the country
is also identified in the most recent report under subsection
(a).
``(c) Considerations Regarding Cooperation.--In determining whether
or not a country is to be identified in a report under subsection (a)
or (b), the President shall consider the extent to which the country--
``(1) has met the goals and objectives of the United
Nations Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances, including action on such matters
as illicit cultivation, production, distribution, sale,
transport, financing, money laundering, asset seizure,
extradition, mutual legal assistance, law enforcement and
transit cooperation, precursor chemical control, and demand
reduction;
``(2) has accomplished the goals described in the
applicable bilateral narcotics control agreement with the
United States or a multilateral agreement;
``(3) has taken legal and law enforcement measures to
prevent and punish public corruption, especially by senior
government officials, that facilitates the production,
processing, or shipment of narcotic and psychotropic drugs and
other controlled substances, or that discourages the
investigation or prosecution of such acts; and
``(4) in the case of a country that is a producer of licit
opium--
``(A) maintains licit production and stockpiles of
opium at levels no higher than those consistent with
licit market demand; and
``(B) has taken adequate steps to prevent
significant diversion of its licit cultivation and
production of opium into illicit markets and to prevent
illicit cultivation and production of opium.
``(d) Omission for National Security Reasons.--
``(1) In general.--The President may omit from
identification in a report under subsection (b) a country
identified in the most recent report under subsection (a) if
the President determines that the vital national security
interests of the United States require that the country be so
omitted.
``(2) Notice to congress.--If the President omits a country
under paragraph (1) from a report under subsection (b), the
President shall include in the report under that subsection--
``(A) a full and complete description of the vital
national security interests of the United States placed
at risk if the country is not so omitted; and
``(B) a statement weighing the risk described in
subparagraph (A) against the risk posed to the vital
national security interests of the United States by
reason of the failure of the country to cooperate fully
with the United States in combatting narcotics or to
take adequate steps to combat narcotics on its own.
``(e) Congressional Action.--
``(1) In general.--The provisions of subsection (f) shall
apply to a country in a fiscal year if Congress enacts a joint
resolution, not later than March 30 of the fiscal year,
providing that such provisions shall apply to the country in
the fiscal year.
``(2) Covered countries.--A joint resolution referred to in
paragraph (1) may apply to a country for a fiscal year only if
the country was not identified in the report in the fiscal year
under subsection (b).
``(3) Senate procedures.--Any joint resolution under this
subsection shall be considered in the Senate in accordance with
the provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 765), except that for purposes of that section
the certification referred to in section 601(a)(2)(B) of that
Act shall be the applicable report of the President under
subsection (b) of this section.
``(f) Withholding of Bilateral Assistance and Opposition to
Multilateral Assistance.--
``(1) Bilateral assistance.--Commencing on March 1 of a
fiscal year in which a country is identified in a report under
subsection (b), or March 31 in the case of a country covered by
a joint resolution enacted in accordance with subsection (e),
fifty percent of the United States assistance allocated to the
country for the fiscal year in the report required by section
653 shall be withheld from obligation and expenditure.
``(2) Multilateral assistance.--Commencing on March 1 of a
year in which a country is identified in a report under
subsection (b), or March 31 in the case of a country covered by
a joint resolution enacted in accordance with subsection (e),
the Secretary of the Treasury shall instruct the United States
Executive Director of each multilateral development bank to
vote, on and after that date, against any loan or other
utilization of the funds of such institution for the country.
``(3) Multilateral development bank defined.--In this
subsection, the term `multilateral development bank' means the
following:
``(A) The International Bank for Reconstruction and
Development.
``(B) The International Development Association.
``(C) The Inter-American Development Bank.
``(D) The Asian Development Bank.
``(E) The African Development Bank.
``(F) The European Bank for Reconstruction and
Development.
``(g) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means the following:
``(1) The Committees on Foreign Relations and
Appropriations of the Senate.
``(2) The Committees on International Relations and
Appropriations of the House of Representatives.''.
(b) Relationship to Current Certification Process.--Section 490 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is amended by
adding at the end the following new subsection:
``(i) Limitation on Applicability.--This section shall not apply
during fiscal years 2002, 2003, and 2004. For limitations on assistance
during those fiscal years for countries not cooperating with United
States counterdrug efforts see section 490A.''.
(c) Conforming Amendment.--Section 489(a)(3)(A) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h(a)(3)(A)) is amended by
inserting after ``under section 490(h)'' the following ``or, in 2002,
2003, and 2004, as otherwise determined by the President for purposes
of this section''.
SEC. 2. INCLUSION OF MAJOR DRUG TRAFFICKING ORGANIZATIONS IN
INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.
Section 489 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291h), as amended by this Act, is further amended--
(1) in subsection (a), by adding after the flush matter at
the end of paragraph (7) the following new paragraph (8):
``(8) The identity of each organization determined by the
President to be a major drug trafficking organization,
including a description of the activities of such organization
during the 2 fiscal years preceding the fiscal year of the
report.''; and
(2) by adding at the end the following new subsection:
``(c) Definitions.--In this section:
``(1) Major drug trafficking organization.--The term `major
drug trafficking organization' means any organization engaged
in substantial amounts of illicit activity to cultivate,
produce, manufacture, distribute, sell, finance, or transport
narcotic drugs, controlled substances, or listed chemicals,
engages in money laundering or proceeds from such activities,
or otherwise endeavor or attempt to do so, or to assist, abet,
conspire, or collude with others to do so.
``(2) Narcotic drug; controlled substance; listed
chemical.--The terms `narcotic drug', `controlled substance',
and `listed chemical' have the meanings given those terms in
section 102 of the Controlled Substances Act (21 U.S.C.
802).''. | Amends the Foreign Assistance Act of 1961 to modify, for a three year period, certain procedures for the provision of development assistance to foreign countries not cooperating with U.S. counterdrug efforts. Requires the President, for each fiscal year during such period, to identify to the appropriate congressional committees any country the President proposes to subject (with enactment of a joint resolution by Congress) to the withholding of half of any allocated bilateral assistance, and to opposition to any multilateral assistance to such country, because it is not: (1) cooperating with the United States in achieving full compliance with the goals and objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; (2) taking adequate steps on its own to achieve full compliance with the Convention; or (3) taking adequate steps to achieve full compliance with a bilateral agreement with the United States on illicit drug control.Requires the inclusion of the identity of major drug trafficking organizations in the President's annual international narcotics control strategy report. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Federal Pell Grant Plus
Act''.
SEC. 2. RECIPIENTS OF FEDERAL PELL GRANTS WHO ARE PURSUING PROGRAMS OF
STUDY IN ENGINEERING, MATHEMATICS, SCIENCE, OR FOREIGN
LANGUAGES.
Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(2)) is amended by adding at the end the following:
``(C)(i) Notwithstanding subparagraph (A) and subject to clause
(iii), in the case of a student who is eligible under this part and who
is pursuing a degree with a major in, or a certificate or program of
study relating to, engineering, mathematics, science (such as physics,
chemistry, or computer science), or a foreign language, described in a
list developed or updated under clause (ii), the amount of the Federal
Pell Grant shall be the amount calculated for the student under
subparagraph (A) for the academic year involved, multiplied by 2.
``(ii)(I) The Secretary, in consultation with the Secretary of
Defense, the Secretary of the Department of Homeland Security, and the
Director of the National Science Foundation, shall develop, update not
less than once every 2 years, and publish in the Federal Register, a
list of engineering, mathematics, and science degrees, majors,
certificates, or programs that if pursued by a student, may enable the
student to receive the increased Federal Pell Grant amount under clause
(i). In developing and updating the list the Secretaries and Director
shall consider the following:
``(aa) The current engineering, mathematics, and science
needs of the United States with respect to national security,
homeland security, and economic security.
``(bb) Whether institutions of higher education in the
United States are currently producing enough graduates with
degrees to meet the national security, homeland security, and
economic security needs of the United States.
``(cc) The future expected workforce needs of the United
States required to help ensure the Nation's national security,
homeland security, and economic security.
``(dd) Whether institutions of higher education in the
United States are expected to produce enough graduates with
degrees to meet the future national security, homeland
security, and economic security needs of the United States.
``(II) The Secretary, in consultation with the Secretary of
Defense, the Secretary of the Department of Homeland Security, and the
Secretary of State, shall develop, update not less than once every 2
years, and publish in the Federal Register, a list of foreign language
degrees, majors, certificates, or programs that if pursued by a
student, may enable the student to receive the increased Federal Pell
Grant amount under clause (i). In developing and updating the list the
Secretaries shall consider the following:
``(aa) The foreign language needs of the United States with
respect to national security, homeland security, and economic
security.
``(bb) Whether institutions of higher education in the
United States are currently producing enough graduates with
degrees to meet the national security, homeland security, and
economic security needs of the United States.
``(cc) The future expected workforce needs of the United
States required to help ensure the Nation's national security,
homeland security, and economic security.
``(dd) Whether institutions of higher education in the
United States are expected to produce enough graduates with
degrees to meet the future national security, homeland
security, and economic security needs of the United States.
``(iii) Each student who received an increased Federal Pell Grant
amount under clause (i) to pursue a degree, major, certificate, or
program described in a list published under subclause (I) or (II) of
clause (ii) shall continue to be eligible for the increased Federal
Pell Grant amount in subsequent academic years if the degree, major,
certificate, or program, respectively, is subsequently removed from the
list.
``(iv)(I) If a student who received an increased Federal Pell Grant
amount under clause (i) changes the student's course of study to a
degree, major, certificate, or program that is not included in a list
described in clause (ii), then the Secretary shall reduce the amount of
Federal Pell Grant assistance the student is eligible to receive under
this section for subsequent academic years by an amount equal to the
difference between the total amount the student received under this
subparagraph and the total amount the student would have received under
this section if this subparagraph had not been applied.
``(II) The Secretary shall reduce the amount of Federal Pell Grant
assistance the student is eligible to receive in subsequent academic
years by dividing the total amount to be reduced under subclause (I)
for the student by the number of years the student received an
increased Federal Pell Grant amount under clause (i), and deducting the
result from the amount of Federal Pell Grant assistance the student is
eligible to receive under this section for a number of subsequent
academic years equal to the number of academic years the student
received an increased Federal Pell Grant amount under clause (i).''. | 21st Century Federal Pell Grant Plus Act - Amends the Higher Education Act of 1965 to establish a Federal Pell Grant Plus program that increases, to double the amount calculated for the student, the Federal Pell Grant for those students who pursue programs of study in engineering, mathematics, science, or foreign languages. | [
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] |
SECTION 1. FINDINGS.
The Congress finds that--
(1) lead is a naturally occurring element which has been
used in a variety of industrial applications including
radiation shields, storage batteries, paint, and gasoline;
(2) 1 in 6 United States children are victims of lead
poisoning, according to the Agency for Toxic Substances and
Disease Registry;
(3) lead poses a significant environmental health problem
since adverse effects have been conclusively demonstrated at
relatively low exposures;
(4) lead exposures to children under age 7 are of greatest
concern because of its association with significant neurotoxic
effects, including reduction in intelligence, attention span
deficits, and reading and learning disabilities;
(5) the quantity of lead in house dust appears to be the
best single indicator of lead levels in the blood of an infant;
(6) past efforts to abate lead-based paint have relied on
methods which endangered workers and often resulted in more
available lead dust for the occupants;
(7) improving methods for testing and abating lead-based
paint offers a highly cost effective means of reducing
exposures and thus preventing childhood lead poisoning; and
(8) the efforts of the Federal Government to develop and
disseminate information on the most effective techniques to
lower human exposure to lead should be improved.
SEC. 2. DETECTION TECHNOLOGIES.
(a) Emerging Technologies Research.--The Administrator of the
Environmental Protection Agency, in consultation with the heads of
other appropriate Federal agencies, shall develop methods for
conducting evaluations of lead detection products and techniques. The
Administrator shall make available to the public the results of any
evaluations conducted by such methods as the results of the evaluations
become available.
(b) Standardization.--Within 2 years after the date of the
enactment of this Act, the Director of the National Institute of
Standards and Technology, in consultation with the Administrator of the
Environmental Protection Agency, shall establish protocols, criteria,
and minimum performance standards to be used in the evaluations
described in subsection (a) and to ensure reliable, accurate, and
effective lead detection technologies.
SEC. 3. LEAD EXPOSURE IN CHILDREN.
The Administrator of the Environmental Protection Agency, in
consultation with the heads of other appropriate Federal agencies,
shall conduct a long-term research study to establish the sources of
lead exposure for children under the age of seven years. The research
shall, to the greatest extent possible--
(1) establish profiles for the percentage of such children
who have an exposure to a particular lead source (such as lead-
based paint and dust from lead-based paint), and the particular
route of such exposure (such as drinking water, food, air, and
soil);
(2) establish the percentage of each particular kind of
exposure and route of exposure described in paragraph (1); and
(3) be broken down by region, economic strata, and any
other demographic feature the Administrator considers to be
appropriate.
SEC. 4. RESEARCH ON ABATEMENT AND IN-PLACE MANAGEMENT TECHNIQUES.
The Director of the National Institute of Standards and Technology,
in consultation with the Administrator of the Environmental Protection
Agency and the heads of other appropriate Federal agencies, shall carry
out research studies to evaluate which practices and techniques are
most effective in reducing human exposure to lead. The research studies
shall emphasize the development of new technologies and shall address
the cost effectiveness of such practices and techniques. The
Administrator shall make available to the public the results of such
studies as the results become available.
SEC. 5. LEAD REMOVAL AND CONTAINMENT PRODUCTS.
(a) Research.--The Director of the National Institute of Standards
and Technology, in consultation with the Administrator of the
Environmental Protection Agency and the heads of other appropriate
Federal agencies, shall conduct research on the safety, efficacy,
durability, and other relevant performance properties of lead removal
and containment products.
(b) Standardization.--Within 24 months after the date of enactment
of this Act, the Director of the National Institute of Standards and
Technology shall establish performance criteria and standards for lead
removal and containment products.
SEC. 6. PUBLIC EDUCATION.
The Administrator of the Environmental Protection Agency, in
cooperation with other appropriate Federal agencies, shall sponsor
public education and outreach efforts to increase awareness of the
scope, severity, and sources of lead exposure. The Administrator shall
focus such public education and efforts in a manner which provides, to
the greatest extent possible, information to the children for whom
profiles are established in section 3 about the particular kind and
route of lead exposure of such children.
SEC. 7. USE OF CLEARINGHOUSE AND TELEPHONE HOTLINE.
The Administrator of the Environmental Protection Agency shall
ensure that any information which is made available to the public
pursuant to this Act is made available through the clearinghouse and
hotline established pursuant to section 405(e) of the Toxic Control
Substances Act (15 U.S.C. 2601 et seq.) in addition to any other means
of availability the Administrator considers to be appropriate.
SEC. 8. STATE PROGRAMS.
(a) Grant Assistance.--The Governor of a State may apply to the
Administrator of the Environmental Protection Agency for a grant to
compile (particularly through the use of questionnaires) data on lead
exposure in the State, to coordinate with other States the collection
of such data in order to build a national data base on lead exposure,
and to carry out public outreach programs on lead exposure.
(b) Grant Management.--
(1) Criteria for selection.--In selecting States for grants
under subsection (a) the Administrator shall review--
(A) the previous experience of the State in
addressing lead exposure and lead exposure data
collection issues;
(B) the seriousness of the lead exposure issues
identified by the State; and
(C) the State standards for techniques and
practices to reduce human exposure to lead.
(2) Availability of sufficient funding.--In selecting
States for grants under subsection (a), the Administrator shall
focus resources to ensure that sufficient funds are available
to selected States to provide for comprehensive collection and
coordination of lead exposure data and for sufficient public
outreach programs.
(3) Federal share of funding.--The Federal share of grants
under subsection (a) shall not exceed 75 percent of the costs
incurred by the State to carry out the activities described in
such subsection and shall be made on the condition that the
non-Federal share is provided from non-Federal funds.
(4) Availability of funds.--Funds granted pursuant to
subsection (a) in a fiscal year shall remain available for
obligation for that fiscal year and for the next following
fiscal year.
(5) Limitation on receipt of grant in following year.--No
grant shall be made under this section in any fiscal year to a
State which in the preceding year received a grant under this
section unless the Administrator determines that such State
satisfactorily implemented such grant activities in such
preceding fiscal year.
(6) Information required in grant application.--States
shall provide such information in applications for grant
assistance and pertaining to grant funded activities as the
Administrator requires.
(c) Coordination.--In carrying out this section, the Administrator
shall coordinate with the Director of the National Institute of
Standards and Technology.
SEC. 9. REPORTS.
Not later than 24 months after the date of the enactment of this
Act, the Director of the National Institute of Standards and Technology
and the Administrator of the Environmental Protection Agency shall
jointly submit to the Congress an initial report detailing the
activities undertaken by the Director and the Administrator pursuant to
this Act, including the results of studies conducted pursuant to this
Act and any recommendations for administrative and legislative action
that the Director and the Administrator consider appropriate. After
submission of the initial report, the Director and the Administrator
shall submit to the Congress an update of the initial report as often
as the Director and the Administrator consider necessary. | Requires the Administrator of the Environmental Protection Agency to: (1) develop evaluation methods for lead detection products and techniques; (2) conduct long-term research to establish the sources of children's lead exposure; and (3) sponsor related public education and outreach efforts, including telephone hotline and clearinghouse systems.
Requires the Director of the National Institute of Standards and Technology to conduct research on: (1) effective practices, techniques, and new technologies to reduce human exposure to lead; and (2) safety and effectiveness of lead removal and containment products.
Authorizes State grants for compilation of lead exposure data. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing America's Security through
Strategic Redeployment from Iraq Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
(a) First Principal Finding.--Ending the war in Iraq is necessary,
however, how the war is ended is of even greater importance for United
States national security, the safety of members of the United States
Armed Forces currently serving in Iraq, and stability in both Iraq and
the Middle East.
(b) Second Principal Finding.--
(1) Open-ended commitment is unsustainable.--An open-ended
United States involvement in Iraq is not in the interest of
United States national security, and United States military
forces must be redeployed or risk becoming severely over-
strained.
(2) Supporting facts.--
(A) Currently, 40 percent of all United States Army
equipment is in Iraq.
(B) There is no Army unit currently in the United
States in a state of readiness that would permit the
unit to deploy anywhere another contingency might occur
in the world.
(c) Third Principal Finding.--
(1) Lengthy redeployment process.--Redeployment from Iraq
will be a lengthy process.
(2) Supporting facts.--
(A) Redeploying approximately 160,000 troops and
50,000 civilian contractors from Iraq and closing bases
are logistically challenging, especially during
conflict.
(B) The critical consideration is the closure or
turnover of the sixty-five Forward Operating Bases held
by the United States Armed Forces in Iraq.
(C) It takes on average 100 days to close just one
Forward Operating Base, and any decision regarding the
number of Forward Operating Bases to close at one time
depends on surrounding strife and the fact that
receiving facilities in Kuwait to prepare military
vehicles for shipment to the United States or elsewhere
can handle only 2 to 2\1/2\ brigade combat teams at a
time and there are currently 40 brigade combat teams or
their equivalent in Iraq.
(D) Redeployment is the most vulnerable of military
operations, particularly in this case because
redeployment will rely on a single road, leading from
Iraq to Kuwait.
(E) For comparison purposes, the removal of 6,300
members of the Armed Forces from Somalia in 1993 took
six months and actually required the deployment of
another 19,000 troops to protect their withdrawal.
(F) In view of the logistical challenges, it will
take at least a year, more likely 15 to 20 months to
complete redeployment of United States forces from
Iraq.
SEC. 3. DECLARATIONS OF POLICY.
(a) First Declaration of Policy.--
(1) Need for comprehensive regional security plan.--
Congress declares that it is critical that a comprehensive
security plan is developed for Iraq and the region that accepts
the necessity for a deliberate redeployment of United States
forces from Iraq.
(2) Supporting details.--
(A) A comprehensive security plan is necessary for
both the safety of United States forces in Iraq and the
overall national security of the United States.
(B) Redeployment would allow large numbers of
members of the United States Armed Forces to return to
the United States, while some forces could be deployed
to areas, such as Afghanistan, where terrorists pose a
threat to the national security of the United States or
could remain at existing bases in Kuwait, Bahrain, the
United Arab Emirates, or Qatar and on aircraft carrier
and amphibious groups, to protect United States
interests in the region.
(b) Second Declaration of Policy.--
(1) Iraqi assumption of responsibility.--Congress declares
that a planned end to United States involvement in Iraq will
serve to force Iraqi leaders to assume responsibility for the
security and governance of their country while providing Iran
and Syria the incentive to prevent violence otherwise caused by
the redeployment of United States forces.
(2) Supporting details.--
(A) The United States intelligence community has
found that Iran and Syria, currently involved
destructively in the fighting in Iraq want stability in
Iraq following redeployment, and can play a
constructive role in improving security and stability
in Iraq.
(B) Because the redeployment of United States may
take up to 20 months, there is an opportunity for a
strategic approach to work diplomatically for political
accommodation in Iraq with Iran and Syria (as well as
Saudi Arabia and other countries in the region) during
that timeframe.
(c) Third Declaration of Policy.--Congress declares that while a
``date certain'' deadline for the redeployment of United States forces
could force Iraqi leaders to assume responsibility and provide Iran and
Syria the incentive to prevent violence that could result from the
redeployment, a ``goal'' for the redeployment's end instead of a ``date
certain'' is a necessary compromise in order to ensure a strategic
approach for United States security and create a greater level of Iraqi
stability in the aftermath of the redeployment.
SEC. 4. REDEPLOYMENT REQUIREMENTS.
(a) Redeployment Required.--
(1) Requirement.--Redeployment of United States Armed
Forces serving in Iraq as part of Operation Iraqi Freedom shall
begin within three months after the date of the enactment of
this Act. Within six months after the date of the enactment of
this Act, troop levels shall be at least 15,000 below the pre-
surge level of 130,000 troops.
(2) Goal.--Except as provided in subsection (b), not later
than twenty months after the date of the enactment of this Act,
the goal is that all United States Armed Forces serving in Iraq
as part of Operation Iraqi Freedom shall be deployed outside of
Iraq, to locations within the Middle East or Southwest Asia
regions or to other regions or nations, or returned to the
United States.
(3) Purpose and pace of redeployment.--The redeployment
required by this subsection shall be carried out for the
purposes of both enhancing global security interests of the
United States and improving the military readiness of the
United States. The Secretary of Defense shall ensure that the
redeployment is carried out at a deliberate, orderly pace that
allows for the full security of members of the Armed Services.
(b) Exceptions to Redeployment Requirement.--The redeployment
required by subsection (a) shall not apply to the following:
(1) Special operations forces and counter-terrorism
operations.--Special operations forces assigned outside of Iraq
that conduct either targeted counter-terrorism operations or
periodic support operations of the Iraqi security forces in
Iraq.
(2) Military liaison teams.--Military or civilian personnel
on military liaison teams involved in military-to-military
contacts and comparable activities between the United States
and Iraq, as authorized under section 168 of title 10, United
States Code.
(3) Air support.--Members of the Air Force, Navy, and
Marine Corps assigned to locations outside Iraq for purposes of
conducting air operations in Iraq (including air operations in
support of combat operations) to support the Iraqi security
forces.
(4) Security for united states diplomatic missions in
iraq.--Members of the Armed Forces providing security for the
United States Embassy and other United States diplomatic
missions in Iraq.
(5) Defense attache.--Personnel conducting routine
functions of the Office of Defense Attache.
SEC. 5. LIMITATION ON USE OF FUNDS.
Effective six months after the date of the enactment of this Act,
funds appropriated or otherwise made available to the Department of
Defense under any provision of law for Operation Iraqi Freedom may not
be obligated or expended to support more than 115,000 members of the
United States Armed Forces within Iraq, with a goal of no funding for
troops in Iraq within twenty months after the date of the enactment of
this Act.
SEC. 6. DIPLOMATIC EFFORTS BY THE UNITED STATES.
(a) United States Leadership.--The United States should take a
leadership role in diplomatic efforts and negotiations necessary for
countries in the region, including Iran and Syria, to work together to
ensure the long-term stability of Iraq, which is in the best interests
of such countries and the United States.
(b) International Conference.--The United States should convene an
international conference to bring together countries throughout the
world to provide economic aid for rebuilding the infrastructure of Iraq
and other reconstruction efforts in Iraq that are essential to ensure
the long-term stability of Iraq and America's national security. | Enhancing America's Security through Strategic Redeployment from Iraq Act - Sets forth the following findings: (1) ending the war in Iraq is necessary, however, how the war is ended is of even greater importance for U.S. national security, the safety U.S. Armed Forces members serving in Iraq, and stability in both Iraq and the Middle East; (2) an open-ended U.S. involvement in Iraq is not in the interest of U.S. national security and U.S. military forces must be redeployed or risk becoming severely overstrained; and (3) redeployment from Iraq will be a lengthy process.
Declares that: (1) it is critical that a comprehensive security plan is developed for Iraq and the region that accepts the necessity for a deliberate U.S. redeployment of forces from Iraq; (2) a planned end to U.S. involvement in Iraq will serve to force Iraqi leaders to assume responsibility for security and governance while providing Iran and Syria the incentive to prevent violence otherwise caused by the U.S. redeployment; and (3) a "goal" for the redeployment's end rather than a "date certain" end is a necessary compromise to ensure a strategic approach for U.S. security and to create to a greater level of post-redeployment Iraqi stability.
States that: (1) with specified exceptions, redeployment of U.S. Armed Forces in Iraq shall begin within three months, and that within six months troop levels shall be at least 15,000 below the pre-surge level of 130,000 troops; and (2) the goal is that all U.S. Armed Forces in Iraq shall be deployed outside of Iraq within 20 months.
States that funds for the Department of Defense (DOD) for Operation Iraqi Freedom may not be obligated or expended to support more than 115,000 U.S. Armed Forces members within Iraq, with a goal of no funding for troops in Iraq within 20 months.
States that the United States should take a leadership role in diplomatic efforts necessary for countries in the region, including Iran and Syria, to work together to ensure Iraq's long-term stability of Iraq. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Daniel Faulkner Law Enforcement
Officers and Judges Protection Act of 2007''.
SEC. 2. SPECIAL PENALTIES FOR MURDER OR KIDNAPPING OF A FEDERAL LAW
ENFORCEMENT OFFICER OR FEDERAL JUDGE.
(a) Murder.--Section 1114 of title 18, United States Code, is
amended--
(1) by inserting ``(a)'' before ``Whoever''; and
(2) by adding at the end the following:
``(b) If the victim of an offense punishable under this section or
section 1117 is a Federal law enforcement officer or a United States
judge (as those terms are defined in section 115), the offender shall
be punished by a fine under this title and--
``(1) in the case of murder in the first degree, or an
attempt or conspiracy to commit murder in the first degree,
death or imprisonment for life;
``(2) in the case of murder in the second degree, or an
attempt or conspiracy to commit murder in the second degree,
imprisonment for any term of years not less than 25 or for
life; and
``(3) in the case of voluntary manslaughter, imprisonment
for any term of years not less than 10 or for life.''.
(b) Kidnapping.--Section 1201(a) of title 18, United States Code,
is amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (e) the following:
``(f) If the victim of an offense punishable under subsection (a),
(c), or (d) is a Federal law enforcement officer or a United States
judge (as those terms are defined in section 115), the offender shall
be punished by a fine under this title and imprisonment for any term of
years not less than 20 or for life, or, if death results, may be
sentenced to death.''.
SEC. 3. SPECIAL PENALTIES FOR ASSAULTING A FEDERAL LAW ENFORCEMENT
OFFICER OR FEDERAL JUDGE.
(a) In General.--Section 111 of title 18, United States Code, is
amended to read as follows:
``Sec. 111. Assaulting or interfering with certain officers or
employees
``(a) Officers and Employees.--
``(1) In general.--It shall be unlawful to--
``(A) assault or interfere with an officer or
employee described in section 1114, while such officer
or employee is engaged in, or on account of the
performance of, official duties;
``(B) assault or interfere with an individual who
formerly served as an officer or employee described in
section 1114 on account of the performance of official
duties; or
``(C) assault or interfere with an individual on
account of that individual's current or former status
as an officer or employee described in section 1114.
``(2) Penalty.--Any person who violates paragraph (1),
shall be--
``(A) fined under this title;
``(B)(i) in the case of an interference or a simple
assault, imprisoned for not more than 1 year;
``(ii) in the case of an assault involving actual
physical contact or the intent to commit any other
felony, imprisoned for not more than 10 years;
``(iii) in the case of an assault resulting in
bodily injury, imprisoned for not more than 20 years;
or
``(iv) in the case of an assault resulting in
substantial bodily injury (as that term is defined in
section 113), or if a dangerous weapon was used or
possessed during and in relation to the offense
(including a weapon intended to cause death or danger
but that fails to do so by reason of a defective
component), imprisoned for not more than 30 years; or
``(C) fined under subparagraph (A) and imprisoned
under subparagraph (B).
``(b) Law Enforcement Officers and Judges.--
``(1) In general.--If the victim of an assault punishable
under this section is a Federal law enforcement officer or a
United States judge (as those terms are defined in section
115)--
``(A) and if the assault resulted in substantial
bodily injury (as that term is defined in section 113),
the offender shall be punished by a fine under this
title and imprisonment for not less 5 years nor more
than 30 years; and
``(B) and if the assault resulted in serious bodily
injury (as that term is defined in section 2119(2)), or
a dangerous weapon was used or possessed during and in
relation to the offense, the offender shall be punished
by a fine under this title and imprisonment for any
term of years not less than 10 or for life.
``(2) Imposition of punishment.--Each punishment for
criminal conduct described in this subsection shall be in
addition to any other punishment for other criminal conduct
during the same criminal episode.''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 7 of title 18, United States Code, is amended
by striking the item relating to section 111 and inserting the
following:
``111. Assaulting or interfering with certain officers or employees.''.
SEC. 4. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL LAW
ENFORCEMENT OFFICER OR FEDERAL JUDGE BY MURDERING OR
ASSAULTING A FAMILY MEMBER.
(a) In General.--Section 115 of title 18, United States Code, is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c)(1) If an offense punishable under this section is committed
with the intent to impede, intimidate, or interfere with a Federal law
enforcement officer or a United States judge while that officer or
judge is engaged in the performance of official duties, with the intent
to retaliate against that officer or judge or a person who formerly
served as such an officer or judge on account of the performance of
official duties, or with the intent to retaliate against an individual
on account of that individual's current or former status as such an
officer or judge, the offender shall be punished--
``(A) in the case of murder, attempted murder, conspiracy
to murder, or manslaughter, as provided in section 1114(b);
``(B) in the case of kidnapping, attempted kidnapping, or
conspiracy to kidnap, as provided in section 1201(f);
``(C) in the case of an assault resulting in bodily injury
or involving the use or possession of a dangerous weapon during
and in relation to the offense, as provided for a comparable
offense against a Federal law enforcement officer or United
States judge under section 111; and
``(D) in the case of any other assault or threat, by a fine
under this title and imprisonment for not more than 10 years.
``(2) Each punishment for criminal conduct described in this
subsection shall be in addition to any other punishment for other
criminal conduct during the same criminal episode.''.
(b) Technical and Conforming Amendment.--Section 2237(e)(1) of
title 18, United States Code, is amended by striking ``in section
115(c)'' and inserting ``in section 115''.
SEC. 5. AUTHORIZATION FOR FEDERAL JUDGES AND FEDERAL PROSECUTORS TO
CARRY FIREARMS.
(a) Authority.--
(1) In general.--Chapter 203 of title 18, United States
Code, is amended by inserting after section 3053 the following:
``Sec. 3054. Authority of Federal judges and prosecutors to carry
firearms
``(a) In General.--Any justice of the United States or judge of the
United States (as those terms are defined in section 451 of title 28),
any judge of a court created under article I of the United States
Constitution, any bankruptcy judge, any magistrate judge, any United
States attorney, and any other officer or employee of the Department of
Justice whose duties include representing the United States in a court
of law, may carry a firearm.
``(b) Regulations.--Not later than 180 days after the date of
enactment of the Daniel Faulkner Law Enforcement Officers and Judges
Protection Act of 2007, the Attorney General shall promulgate
regulations to carry out this section. Such regulations may provide for
training and regular certification in the use of firearms and shall,
with respect to justices, judges, bankruptcy judges, and magistrate
judges, be promulgated after consultation with the Judicial Conference
of the United States.''.
(2) Effective date.--Section 3054(a) of title 18, United
States Code, as added by paragraph (1), shall take effect 90
days after the date on which the Attorney General promulgates
regulations under section 3054(b) of title 18, United States
Code, as added by paragraph (1).
(3) Technical and conforming amendment.--The table of
sections at the beginning of chapter 203 of title 18, United
States Code, is amended by inserting after item relating to
section 3053 the following:
``3054. Authority of Federal judges and prosecutors to carry
firearms.''.
(b) Amendments to Law Enforcement Officer Safety Provisions of
Title 18.--
(1) In general.--Section 926B of title 18, United States
Code, is amended by adding at the end the following:
``(f) For purposes of this section, a law enforcement officer of
the Amtrak Police Department or a law enforcement or police officer of
any department or agency of the Federal Government qualifies as an
employee of a governmental agency who is authorized by law to engage in
or supervise the prevention, detection, investigation, or prosecution
of, or the incarceration of any person for, any violation of law, and
has statutory powers of arrest.''.
(2) Retired law enforcement officers.--Section 926C of
title 18, United States Code, is amended--
(A) in subsection (c)--
(i) in paragraph (3)(A), by striking ``was
regularly employed as a law enforcement officer
for an aggregate of 15 years or more'' and
inserting ``served as a law enforcement officer
for an aggregate of 10 years or more'';
(ii) by striking paragraphs (4) and (5) and
inserting the following:
``(4) during the most recent 12-month period, has met, at
the expense of the individual, the standards for qualification
in firearms training for active law enforcement officers as set
by the former agency of that officer, the State in which that
officer resides, or a law enforcement agency within the State
in which that officer resides;''; and
(iii) by redesignating paragraphs (6) and
(7) as paragraphs (5) and (6), respectively;
(B) in subsection (d)--
(i) in paragraph (1), by striking ``to meet
the standards established by the agency for
training and qualification for active law
enforcement officers to carry a firearm of the
same type as the concealed firearm'' and
inserting ``to meet the active duty standards
for qualification in firearms training as
established by the agency to carry a firearm of
the same type as the concealed firearm''; and
(ii) in paragraph (2)(B), by striking
``otherwise found by the State'' and all that
follows and inserting ``otherwise found by the
State or a certified firearms instructor that
is qualified to conduct a firearms
qualification test for active duty officers
within that State to have met--
``(i) the active duty standards for qualification
in firearms training as established by the State to
carry a firearm of the same type as the concealed
firearm; or
``(ii) if the State has not established the
standards described in clause (i), standards set by any
law enforcement agency within that State to carry a
firearm of the same type as the concealed firearm.'';
and
(C) by adding at the end the following:
``(f) In this section, the term `service with a public agency as a
law enforcement officer' includes service as a law enforcement officer
of the Amtrak Police Department or as a law enforcement or police
officer of any department or agency of the Federal Government.''.
SEC. 6. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF A FELONY OR
CRIME OF VIOLENCE.
(a) In General.--Section 1979 of the Revised States (42 U.S.C.
1983) is amended by--
(1) striking ``except that in any action'' and all that
follows through ``relief was unavailable.'' and inserting the
following: ``except that--
``(1) in any action brought against a judicial officer for
an act or omission taken in the judicial capacity of that
officer, injunctive relief shall not be granted unless a
declaratory decree was violated or declaratory relief was
unavailable; and
``(2) in any action seeking redress for a deprivation that
was incurred in the course of, or as a result of, or is related
to, conduct by the injured party that, more likely than not,
constituted a felony or a crime of violence (as that term is
defined in section 16 of title 18, United States Code)
(including any deprivation in the course of arrest or
apprehension for, or the investigation, prosecution, or
adjudication of, such an offense), a court shall not have
jurisdiction to consider a claim for damages other than for
necessary out-of-pocket expenditures and other monetary
loss.''; and
(2) indenting the last sentence as an undesignated
paragraph.
(b) Attorney's Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended by striking ``except that in any action''
and all that follows and inserting the following: ``except that--
``(1) in any action brought against a judicial officer for
an act or omission taken in the judicial capacity of that
officer, such officer shall not be held liable for any costs,
including attorneys fees, unless such action was clearly in
excess of the jurisdiction of that officer; and
``(2) in any action seeking redress for a deprivation that
was incurred in the course of, or as a result of, or is related
to, conduct by the injured party that, more likely than not,
constituted a felony or a crime of violence (as that term is
defined in section 16 of title 18, United States Code)
(including any deprivation in the course of arrest or
apprehension for, or the investigation, prosecution, or
adjudication of, such an offense), the court may not allow such
party to recover attorney's fees.''.
SEC. 7. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A LAW
ENFORCEMENT OFFICER OR JUDGE.
(a) In General.--Section 2254 of title 28, United States Code, is
amended by adding at the end the following:
``(j)(1) For an application for a writ of habeas corpus on behalf
of a person in custody pursuant to the judgment of a State court for a
crime that involved the killing of a public safety officer (as that
term is defined in section 1204 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796b)) or judge, while the public
safety officer or judge was engaged in the performance of official
duties, or on account of the public safety officer's or judge's
performance of official duties or status as a public safety officer or
judge--
``(A) the application shall be subject to the time
limitations and other requirements under sections 2263, 2264,
and 2266; and
``(B) the court shall not consider claims relating to
sentencing that were adjudicated in a State court.
``(2) Sections 2251, 2262, and 2101 are the exclusive sources of
authority for Federal courts to stay a sentence of death entered by a
State court in a case described in paragraph (1).''.
(b) Rules.--Rule 11 of the Rules Governing Section 2254 Cases in
the United States District Courts is amended by adding at the end the
following: ``Rule 60(b)(6) of the Federal Rules of Civil Procedure
shall not apply to a proceeding under these rules in a case that is
described in section 2254(j) of title 28, United States Code.''.
(c) Finality of Determination.--Section 2244(b)(3)(E) of title 28,
United States Code, is amended by striking ``the subject of a
petition'' and all that follows and inserting: ``reheard in the court
of appeals or reviewed by writ of certiorari.''.
(d) Effective Date and Applicability.--
(1) In general.--This section and the amendments made by
this section shall apply to any case pending on or after the
date of enactment of this Act.
(2) Time limits.--In a case pending on the date of
enactment of this Act, if the amendments made by this section
impose a time limit for taking certain action, the period of
which began before the date of enactment of this Act, the
period of such time limit shall begin on the date of enactment
of this Act.
(3) Exception.--The amendments made by this section shall
not bar consideration under section 2266(b)(3)(B) of title 28,
United States Code, of an amendment to an application for a
writ of habeas corpus that is pending on the date of enactment
of this Act, if the amendment to the petition was adjudicated
by the court prior to the date of enactment of this Act. | Daniel Faulkner Law Enforcement Officers and Judges Protection Act of 2007 - Amends the federal criminal code to: (1) impose mandatory minimum prison terms for homicide, manslaughter, and kidnapping of federal judges and law enforcement officers; (2) expand the penalties for assaulting or interfering with federal officers and employees and for assaults against federal law enforcement officers and judges; (3) impose mandatory minimum prison terms for retaliating against a federal judge or law enforcement officer on account of the performance of official duties by murdering, kidnapping, assaulting, or threatening a family member of such judge or officer; and (4) authorize federal judges, U.S. attorneys, and Justice Department employees to carry firearms.
Places limits on the award of civil damages and attorney's fees against judicial officers for injuries incurred by an individual during the commission of a felony or crime of violence.
Amends the federal judicial code to place limits on habeas corpus petitions for review of a state court conviction for murder of a public safety officer or judge engaged in the performance of official duties. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Patrol Pay Reform Act of
2013''.
SEC. 2. BORDER PATROL RATE OF PAY.
(a) Purpose.--The purposes of this section are--
(1) to strengthen the U.S. Customs and Border Protection
and to ensure that Border Patrol agents are sufficiently ready
to conduct necessary work and will perform overtime hours in
excess of a 40-hour workweek based on the needs of the
employing agency; and
(2) to ensure that U.S. Customs and Border Protection has
the flexibility to cover shift changes and retains the right to
assign scheduled and unscheduled work for mission requirements
and planning based on operational need.
(b) Rates of Pay.--Subchapter V of chapter 55 of title 5, United
States Code, is amended by inserting after section 5549 the following:
``Sec. 5550. Border patrol rate of pay
``(a) Definitions.--In this section--
``(1) the term `available to work', as used with respect to
a Border Patrol agent, means that such agent is generally and
reasonably accessible by U.S. Customs and Border Protection to
perform unscheduled duty based on the needs of U.S. Customs and
Border Protection;
``(2) the term `Border Patrol agent' means an individual
who is performing functions included under position
classification series 1896 (Border Patrol Enforcement) of the
Office of Personnel Management, or any successor thereto,
including, in the case of an individual performing the
aforementioned functions, while such individual is performing
covered border patrol activities;
``(3) the term `covered border patrol activities', as used
with respect to a Border Patrol agent, means--
``(A) detecting and preventing illegal entry and
smuggling of aliens, commercial goods, narcotics,
weapons, or contraband into the United States;
``(B) arresting individuals suspected of conduct
described in subparagraph (A);
``(C) attending training authorized by U.S. Customs
and Border Protection;
``(D) being on approved annual, sick, or
administrative leave;
``(E) being on ordered travel status;
``(F) being on official time, within the meaning of
section 7131;
``(G) being on excused absence with pay for
relocation purposes;
``(H) being on light duty due to injury or
disability;
``(I) performing administrative duties or mission
critical work assignments while maintaining law
enforcement authority;
``(J) caring for the canine assigned to the Border
Patrol agent, which may not exceed 1 hour per day; or
``(K) engaging in an activity similar to an
activity described in any of the preceding
subparagraphs while temporarily away from the regular
duty assignment of the Border Patrol agent;
``(4) the term `level 1 border patrol rate of pay', as used
with respect to a Border Patrol agent, means the rate equal to
1.25 times the hourly rate of basic pay otherwise applicable to
such agent;
``(5) the term `level 2 border patrol rate of pay', as used
with respect to a Border Patrol agent, means the rate equal to
1.125 times the hourly rate of basic pay otherwise applicable
to such agent; and
``(6) the term `work period' means a 14-day biweekly pay
period.
``(b) Receipt of Border Patrol Rate of Pay.--
``(1) Voluntary election.--
``(A) In general.--Not later than 30 days before
the first day of each year beginning after the date of
enactment of this section, a Border Patrol agent shall
make an election as to whether such agent shall, for
such year--
``(i) be assigned to the level 1 border
patrol rate of pay;
``(ii) be assigned to the level 2 border
patrol rate of pay; or
``(iii) decline both the level 1 and the
level 2 border patrol rates of pay.
``(B) Procedures.--The Director of the Office of
Personnel Management shall establish procedures for an
election under subparagraph (A).
``(C) Information regarding election.--Not later
than 60 days before the first day of each year
beginning after the date of the enactment of this
section, U.S. Customs and Border Protection shall
provide each Border Patrol agent with information
regarding each type of election available under
subparagraph (A) and how to make such an election.
``(D) Failure to elect.--A Border Patrol agent who
fails to make a timely election under subparagraph (A)
shall be deemed to have made an election under clause
(i) thereof.
``(E) Sense of congress.--It is the sense of
Congress that U.S. Customs and Border Protection should
take such action as is necessary to ensure that not
more than 10 percent of the Border Patrol agents
stationed at a location decline to be assigned to the
level 1 border patrol rate of pay or the level 2 border
patrol rate of pay.
``(2) Level 1 border patrol rate of pay.--For a Border
Patrol agent who has in effect an election under paragraph
(1)(A)(i)--
``(A) the Border Patrol agent shall be scheduled to
work for 5 days per week--
``(i) 8 hours of regular time per day; and
``(ii) 2 additional hours of scheduled
overtime on each day such agent is scheduled to
work under clause (i);
``(B) for the hours of regular time work described
in subparagraph (A)(i), the Border Patrol agent shall
receive pay at the level 1 border patrol rate of pay;
``(C) for the hours of regularly scheduled overtime
work described in subparagraph (A)(ii), the Border
Patrol agent shall not receive--
``(i) additional compensation under this
section or any other provision of law; or
``(ii) compensatory time off;
``(D) any hours during which the Border Patrol
agent is available to work during a work period shall
be included in the hours of regular time or regularly
scheduled overtime scheduled under subparagraph (A);
``(E) the Border Patrol agent shall receive
compensatory time off or pay at the overtime hourly
rate of pay for hours of work in excess of 100 hours
during a work period, as determined in accordance with
section 5542(a)(7); and
``(F) the Border Patrol agent shall be charged
leave in increments of 8 hours for 1 shift of leave,
regardless of the length of the shift.
``(3) Level 2 border patrol rate of pay.--For a Border
Patrol agent who has in effect an election under paragraph
(1)(A)(ii)--
``(A) the Border Patrol agent shall be scheduled to
work for 5 days per week--
``(i) 8 hours of regular time per day; and
``(ii) 1 additional hour of scheduled
overtime during on each day such agent is
scheduled to work under clause (i);
``(B) for the hours of regular time work described
in subparagraph (A)(i), the Border Patrol agent shall
receive pay at the level 2 border patrol rate of pay;
``(C) for the hours of regularly scheduled overtime
work described in subparagraph (A)(ii), the Border
Patrol agent shall not receive--
``(i) additional compensation under this
section or any other provision of law; or
``(ii) compensatory time off;
``(D) any hours during which the Border Patrol
agent is available to work during a work period shall
be included in the hours of regular time or regularly
scheduled overtime scheduled under subparagraph (A);
``(E) the Border Patrol agent shall receive
compensatory time off or pay at the overtime hourly
rate of pay for hours of work in excess of 90 hours
during a work period, as determined in accordance with
section 5542(a)(7); and
``(F) the Border Patrol agent shall be charged
leave in increments of 8 hours for 1 shift of leave,
regardless of the length of the shift.
``(4) Basic border patrol rate of pay.--For a Border Patrol
agent who has in effect an election under paragraph
(1)(A)(iii)--
``(A) the Border Patrol agent shall be scheduled to
work 8 hours of regular time per day, 5 days per week;
``(B) any hours during which the Border Patrol
agent is available to work during a work period shall
be included in the hours of regular time scheduled
under subparagraph (A); and
``(C) the Border Patrol agent shall receive
compensatory time off or pay at the overtime hourly
rate of pay for hours of work in excess of 80 hours
during a work period, as determined in accordance with
section 5542(a)(7).
``(c) Eligibility for Other Premium Pay.--A Border Patrol agent--
``(1) shall receive premium pay for night work in
accordance with subsections (a) and (b) of section 5545 and
Sunday and holiday pay in accordance with section 5546, without
regard to the election of the Border Patrol agent under
subsection (b)(1)(A), except that section 5546(d) shall not
apply and eligibility for pay for, and the rate of pay for, any
overtime work shall be determined in accordance with this
section and section 5542(a)(7); and
``(2) shall not be eligible for any other form of premium
pay under this title, except as provided in section 5542(a)(7).
``(d) Treatment as Basic Pay.--Any pay received at the level 1
border patrol rate of pay or the level 2 border patrol rate of pay or
pay described in subsection (b)(3)(B) shall be treated as part of basic
pay for--
``(1) purposes of sections 5595(c), 8114(e), 8331(3), and
8704(c);
``(2) any other purpose that the Office of Personnel
Management may by regulation prescribe; and
``(3) any other purpose expressly provided for by law.
``(e) Authority To Require Overtime Work.--Nothing in this section
shall be construed to limit the authority of U.S. Customs and Border
Protection to require a Border Patrol agent to perform hours of
overtime work in accordance with the needs of U.S. Customs and Border
Protection, including if needed in the event of a local or national
emergency.''.
(c) Overtime Work.--Section 5542(a) of title 5, United States Code,
is amended by adding at the end the following:
``(7)(A) In this paragraph, the term `Border Patrol agent' has the
meaning given such term in section 5550.
``(B) Notwithstanding the matter preceding paragraph (1) or
paragraphs (1) and (2), for a Border Patrol agent who has in effect an
election to be assigned to the level 1 border patrol rate of pay under
section 5550(b)(1)(A)(i)--
``(i) except as provided in subparagraph (E), hours of work
in excess of 100 hours during a 14-day biweekly pay period
shall be overtime work; and
``(ii) the Border Patrol agent--
``(I) shall receive pay at the overtime hourly rate
of pay (as determined in accordance with paragraphs (1)
and (2)) for hours of overtime work that are officially
ordered or approved in advance of the work assignment;
and
``(II) shall receive compensatory time off for any
hours of overtime work that are not hours of overtime
work described in subclause (I).
``(C) Notwithstanding the matter preceding paragraph (1) or
paragraphs (1) and (2), for a Border Patrol agent who has in effect an
election to be eligible for the level 2 border patrol rate of pay under
section 5550(b)(1)(A)(ii)--
``(i) except as provided in subparagraph (E), hours of work
in excess of 90 hours during a 14-day biweekly pay period shall
be overtime work; and
``(ii) the Border Patrol agent--
``(I) shall receive pay at the overtime hourly rate
of pay (as determined in accordance with paragraphs (1)
and (2)) for hours of overtime work that are officially
ordered or approved in advance of the work assignment;
and
``(II) shall receive compensatory time off for any
hours of overtime work that are not hours of overtime
work described in subclause (I).
``(D) Notwithstanding the matter preceding paragraph (1) or
paragraphs (1) and (2), for a Border Patrol agent who has in effect an
election under section 5550(b)(1)(A)(iii)--
``(i) except as provided in subparagraph (E), hours of work
in excess of 80 hours during a 14-day biweekly pay period shall
be overtime work; and
``(ii) the Border Patrol agent--
``(I) shall receive pay at the overtime hourly rate
of pay (as determined in accordance with paragraphs (1)
and (2)) for hours of overtime work that are officially
ordered or approved in advance of the work assignment;
and
``(II) shall receive compensatory time off for any
hours of overtime work that are not hours of overtime
work described in subclause (I).
``(E)(i) Except as provided in clause (ii), during a 14-day
biweekly pay period, a Border Patrol agent shall not perform and may
not receive compensatory time off for more than 8 hours of overtime
work.
``(ii) U.S. Customs and Border Protection may, as it determines
appropriate, waive the limitation under clause (i) for hours of
overtime work, but such waiver must be approved in advance of any work
being performed that would be subject to compensatory time under
subsection (B)(ii)(II), (C)(ii)(II), or (D)(ii)(II).
``(F) A Border Patrol agent--
``(i) may not earn more than 240 hours of compensatory time
off during a year; and
``(ii) shall use any hours of compensatory time off not
later than 1 year after the date on which the compensatory time
off is accrued.''.
(d) Technical and Conforming Amendments.--
(1) Section 13(a) of the Fair Labor Standards Act of 1938
(29 U.S.C. 213(a)) is amended--
(A) in paragraph (16), by striking ``or'' after the
semicolon;
(B) in paragraph (17), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(18) any employee who is a Border Patrol agent, as
defined in section 5550(a) of title 5, United States Code.''.
(2) The table of sections for chapter 55 of title 5, United
States Code, is amended by inserting after the item relating to
section 5549 the following:
``5550. Border patrol rate of pay.''. | Border Patrol Pay Reform Act of 2013 - Sets forth additional requirements relating to the rates of pay and terms of employment for U.S. Border Patrol agents (i.e., federal employees who detect and prevent illegal entry and smuggling of aliens, commercial goods, narcotics, weapons, or contraband into the United States). Requires Border Patrol agents to elect each year to: (1) be assigned to either a specified level one or level two border patrol rate of pay governing regular rates of pay and overtime work requirements, or (2) decline both levels. Expresses the sense of Congress that U.S. Customs and Border Protection (CBP) should ensure that not more than 10% of agents stationed at a location decline to be assigned to either the level 1 or level 2 border patrol rate of pay. Empowers CBP, without limitation, to require agents to perform overtime work in accordance with agency needs, including if needed in the event of a local or national emergency. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bioterror and Pandemic Preparedness
Protection Act''.
SEC. 2. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND
COUNTERMEASURES.
Part B of title III of the Public Health Service Act is amended by
inserting after section 319F-2 (42 U.S.C. 247d-6b) the following:
``SEC. 319A-3. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND
SECURITY COUNTERMEASURES.
``(a) Authority.--The Secretary shall be solely and exclusively
responsible for the administration of this section. This section shall
apply with respect to the design, development, clinical testing and
investigation, manufacture, labeling, distribution, sale, purchase,
donation, dispensing, administration, or use of a security
countermeasure or a qualified pandemic or epidemic product.
``(b) Litigation Management.--
``(1) Federal cause of action.--
``(A) In general.--There shall exist an exclusive
Federal cause of action for all claims arising out of,
relating to, or resulting from the design, development,
clinical testing and investigation, manufacture,
labeling, distribution, sale, purchase, donation,
dispensing, administration, and use of a qualified
pandemic or epidemic product or a security
countermeasure as provided for in clauses (i) and (ii)
of paragraph (2)(B).
``(B) Action.--With respect to the Federal cause of
action provided in subparagraph (A)--
``(i) an action may be commenced solely and
exclusively against the United States for
claims identified in subparagraph (A) that are
against a manufacturer, distributor, or health
care provider;
``(ii) no cause of action shall be
maintained against a manufacturer, distributor,
or health care provider for claims identified
in subparagraph (A); and
``(iii) for products subject to designation
by the Secretary as provided for in clause (ii)
of paragraph (2)(B), the protections set forth
in clauses (i) and (ii) shall apply to all
claims identified in subparagraph (A) that
involve products sold, purchased, donated,
dispensed, or administered during the effective
period set forth in the designation provided
for in paragraph (2)(F), regardless of the date
of alleged injury.
``(C) Jurisdiction.--The United States District
Court for the District of Columbia shall have sole and
exclusive jurisdiction over any claim for loss of
property, personal injury, or death arising out of,
relating to, or resulting from the design, development,
clinical testing and investigation, manufacture,
labeling, distribution, sale, purchase, donation,
dispensing, administration, or use of a qualified
pandemic or epidemic product or security countermeasure
as provided for in clauses (i) and (ii) of paragraph
(2)(B).
``(2) Affirmative defense.--
``(A) In general.--There shall be a rebuttable
presumption that the Federal Government is immune from
liability in an action described in subparagraph (B).
``(B) Action described.--An action described in
this subparagraph is an action that is commenced
against the United States for claims arising out of,
relating to, or resulting from the design, development,
clinical testing and investigation, manufacture,
labeling, distribution, sale, purchase, donation,
dispensing, administration, or use of--
``(i) a security countermeasure that has
been procured for the National Strategic
Stockpile under section 319F-2 or a qualified
pandemic or epidemic product that has been
procured by the Secretary; or
``(ii) a security countermeasure or
qualified pandemic or epidemic product in
anticipation of and preparation for, in defense
against, or in response or recovery to an
actual or potential public health emergency,
that is a security countermeasure or is
designated as a qualified pandemic or epidemic
product by the Secretary after the Secretary
declared a public health emergency as described
in paragraph (1) or (2) of section 319(a).
``(C) Rebuttability.--
``(i) In general.--The presumption
described in subparagraph (A) shall be overcome
by a determination by the Secretary as provided
for in subparagraph (D).
``(ii) Investigation by secretary.--A party
seeking a determination under subparagraph (D)
may petition the Secretary to investigate
claims against a manufacturer, distributor,
dispenser, or health care provider arising out
of, relating to, or resulting from the design,
development, clinical testing and
investigation, manufacture, labeling,
distribution, sale, purchase, donation,
dispensing, administration, or use of products
as provided for in clauses (i) and (ii) of
subparagraph (B). The decision to undertake
such investigation shall be within the
Secretary's discretion and shall not be subject
to judicial review.
``(D) Determination by secretary.--
``(i) In general.--In making a
determination under this subparagraph, the
Secretary must find clear and convincing
evidence that the manufacturer, distributor, or
health care provider intentionally or with
willful disregard violated a provision of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.) or this Act and such violation--
``(I) caused the product to present
a significant risk to health; and
``(II) proximately caused the
injury alleged by the petitioner.
``(ii) Notice and hearing.--Prior to the
Secretary's making a determination under clause
(i), the manufacturer, distributor, dispenser,
or health care provider shall have notice and a
right to a formal hearing in accordance with
section 556 of title 5, United States Code.
``(iii) Judicial review.--At any time prior
to the 90th day following a determination by
the Secretary under clause (i) of this
subparagraph, any manufacturer, distributor, or
health care provider who will be adversely
affected by such determination may file a
petition with the United States Court of
Appeals for the circuit wherein such person
resides or has his principal place of business,
for a judicial review of such determination. A
copy of the petition shall be forthwith
transmitted by the clerk of the court to the
Secretary or other officer designated by the
Secretary for that purpose. The Secretary
thereupon shall file in the court the record of
the findings on which the Secretary based his
or her determination. The filing of a petition
under this clause shall automatically stay the
Secretary's determination for the duration of
the judicial proceeding. The sole parties to
the judicial proceeding shall be the Secretary
and the petitioner. Intervention by third
parties in the judicial proceeding shall not be
permitted. No subpoenas shall be issued nor
shall other compulsory process apply. The
court's review of a determination by the
Secretary under this clause shall conform to
the procedures for judicial review of
administrative orders set forth in paragraphs
(2) through (6) of section 371(f) of title 21,
United States Code, to the extent consistent
with this section.
``(E) Scope.--The presumption under subparagraph
(A) shall apply regardless of whether the claim against
the United States arises from the design, development,
clinical testing and investigation, manufacture,
labeling, distribution, sale, purchase, donation,
dispensing, administration, or use by the Federal
Government or by non-Federal Government customers.
``(F) Designation.--In any declaration of a public
health emergency under section 319, the Secretary shall
identify the pandemic, epidemic, or biological,
chemical, nuclear agent, or toxin that presents, or may
present, a public health emergency and shall designate
the security countermeasure(s) or qualified pandemic or
epidemic product(s) to be sold by, purchased from, or
donated by a manufacturer or drawn from the National
Strategic Stockpile and shall specify in such
designation the beginning and ending dates of such
sale, purchase, donation, or use from the stockpile.
The period so defined shall be the effective period of
such qualification for any products specified in the
designation. The declaration shall subsequently be
amended to reflect any additional sale, purchase, or
donation of products specified in the designation.
``(c) Definitions.--In this section:
``(1) Health care provider.--The term `health care
provider' means a person, including a volunteer, who lawfully
prescribes, administers, dispenses, or provides a facility to
administer a security countermeasure or a qualified pandemic or
epidemic product, including persons who prescribe, administer,
or provide a facility to administer in accordance with a
designation under subsection (b)(2)(F).
``(2) Loss.--The term `loss' means death, bodily injury, or
loss of or damage to property, including business interruption
loss.
``(3) Non-federal government customers.--The term `non-
Federal Government customers' means any customer of a
manufacturer that is not an agency or instrumentality for the
United States Government with authority under Public Law 85-804
to provide for indemnification under certain circumstances for
third-party claims against its contractors, including a State,
a local authority, a private entity, a health care provider, or
an individual.
``(4) Qualified pandemic or epidemic product.--The term
`qualified pandemic or epidemic product' means a drug (as such
term is defined in section 201(g)(1) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(g)(1))), biological product (as
such term is defined by section 351(i) of this Act) or device
(as such term is defined by section 201(h) of the Federal food,
Drug and Cosmetic Act (21 U.S.C. 321(h))) designed, developed,
modified, or procured to diagnose, mitigate, prevent, treat, or
cure a pandemic or epidemic or limit the harm such pandemic or
epidemic might otherwise cause or a serious or life-threatening
disease or condition caused by such a product, that--
``(A) is approved or cleared under chapter V of the
Federal Food, Drug, and Cosmetic Act or licensed under
section 351 of this Act;
``(B) is a product for which the Secretary
determines that sufficient and satisfactory clinical
experience or research data (including data, if
available, from pre-clinical and clinical trials)
support a reasonable conclusion that the countermeasure
will qualify for approval or licensing within 8 years
after the date the Secretary declares a public health
emergency as described in paragraph (1) or (2) of
section 319(a); or
``(C) is authorized by the Secretary under this
section, except that the Secretary may authorize under
this section the emergency use of a product only if,
after consultation with the Director of the National
Institutes of Health and the Director of the Centers
for Disease Control and Prevention (to the extent
feasible and appropriate given the circumstances of the
emergency involved), the Secretary concludes--
``(i) that an agent or toxin identified in
a declaration described under subsection (b)
can cause a serious or life-threatening disease
or condition;
``(ii) that, based on the totality of the
scientific evidence available to the Secretary,
including data from adequate and well-
controlled clinical trials, if available, it is
reasonable to believe that--
``(I) the product may be effective
in diagnosing, mitigating, preventing,
treating or curing--
``(aa) a pandemic or
epidemic; or
``(bb) a serious or life-
threatening disease or
condition caused by a product;
and
``(II) the known and potential
benefits of the product, when used to
diagnose, mitigate, prevent, treat or
cure such disease or condition,
outweigh the known and potential risks
of the product;
``(iii) that there is no adequate,
approved, and available alternative to the
product for diagnosing, mitigating, preventing,
treating or curing such disease or condition;
and
``(iv) that such other criteria as the
Secretary may by regulation prescribe are
satisfied.
``(5) Security countermeasure.--The term `security
countermeasure' has the meaning given such term in section
319F-2(c)(1)(B).''.
SEC. 3. TECHNICAL AMENDMENT.
Section 319(a)(1) of the Public Health Service Act (42 U.S.C. 247d
(a)(1)) is amended by inserting ``, or may present,'' after
``present''. | Bioterror and Pandemic Preparedness Protection Act - Amends the Public Health Service Act to establish an exclusive federal cause of action for all claims relating to a qualified pandemic or epidemic product or a security countermeasure.
Restricts all causes of action for such claims against a manufacturer, distributor, or health care provider and instead provides for sole and exclusive action against the United States. Gives jurisdiction over such an action to the U.S. District Court for the District of Columbia.
Establishes a rebuttable presumption of immunity for the federal government in any such action concerning: (1) a security countermeasure that has been procured for the National Strategic Stockpile; (2) a qualified pandemic or epidemic product that has been procured by the Secretary of Health and Human Services; or (3) a security countermeasure or designated qualified pandemic or epidemic product relating to an actual or potential public health emergency.
Allows a party to petition the Secretary to investigate claims against a manufacturer, distributor, dispenser, or heath care provider. Disallows judicial review of the Secretary's decision as to whether to undertake such an investigation.
Declares that the immunity presumption shall be overcome by a determination by the Secretary, by finding clear and convincing evidence, that the manufacturer, distributor, or health care provider intentionally or with willful disregard violated the Federal Food, Drug, and Cosmetic Act or this Act and that such violation: (1) caused the product to present a significant health risk; and (2) proximately caused the injury alleged by the petitioner. | [
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25,
10,
1131,
8,
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1131,
50,
11004,
1152,
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42681,
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6
] |
SECTION 1. MEDICAID EXCEPTION FOR PERMANENT RESIDENT ALIEN CHILDREN.
Section 402(b)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is amended
by adding after subparagraph (D) the following new subparagraph:
``(E) Medicaid exception for permanent resident
alien children.--With respect to eligibility for
benefits under paragraph (3)(C) (relating to the
medicaid program), an alien who --
``(A) is lawfully admitted for permanent residence
under the Immigration and Nationality Act; and
``(B) is under 19 years of age.''.
SEC. 2. EXTENSION OF ELIGIBILITY PERIOD FOR SSI AND MEDICAID FOR
REFUGEES AND ASYLEES FROM 5 TO 7 YEARS.
(a) SSI.--Section 402(a)(2)(A) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)) is
amended by inserting ``(or with respect to eligibility under paragraph
(3)(A) 7 years)'' after ``5 years''.
(b) Medicaid.--Section 402(b)(2)(A) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(2)(A)) is amended in clauses (i), (ii), and (iii) by inserting
``(or with respect to eligibility under paragraph (3)(C) 7 years)''
after ``5 years'' each place it appears.
SEC. 3. SSI ELIGIBILITY FOR QUALIFIED ALIENS WHO BECAME BLIND OR
DISABLED AFTER ADMISSION.
(a) Eligibility.--Section 402(a)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2))
is amended by adding after subparagraph (D) the following new
subparagraph:
``(E) Qualified aliens who became blind or disabled
after admission.--With respect to eligibility for
benefits for the program defined in paragraph (3)(A)
(relating to the supplemental security income program),
paragraph (1) shall not apply to an alien who is a
qualified alien (as defined in section 431) who became
blind or disabled after admission to the United
States.''.
(b) Attribution of Income.--Section 421 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1631) is amended by adding at the end the following new
subsection:
``(g) Special Rule for SSI Benefits for Blind and Disabled
Aliens.--Notwithstanding any other provision of this section,
subsection (a) shall not apply to benefits under section 402(a)(3)(A)
(relating to the supplemental security income program) for an alien who
became blind or disabled after admission to the United States.''.
(c) No reimbursement requirement.--Section 423(d) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 is
amended by adding at the end the following new paragraph:
``(12) Benefits under section 402(a)(3)(A) (relating to the
supplemental security income program) for an alien who became
blind or disabled after admission to the United States.''.
SEC. 4. SSI ELIGIBILITY FOR QUALIFIED ALIENS WHO WERE ADMITTED TO THE
UNITED STATES BEFORE ATTAINING 18 YEARS OF AGE AND WERE
BLIND OR DISABLED PRIOR TO ADMISSION.
(a) Eligibility.--Section 402(a)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2))
is amended by adding after subparagraph (E) the following new
subparagraph:
``(F) Qualified aliens who became blind or disabled
after admission.--With respect to eligibility for
benefits for the program defined in paragraph (3)(A)
(relating to the supplemental security income program),
paragraph (1) shall not apply to an alien who is a
qualified alien (as defined in section 431), who was
admitted to the United States before attaining the age
of 18 years, and who was blind or disabled (or for whom the onset of
blindness or disability occurred) prior to admission to the United
States.''.
(b) Attribution of Income.--Section 421 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1631) is amended by adding at the end the following new
subsection:
``(g) Special Rule for SSI Benefits for Blind and Disabled
Aliens.--Notwithstanding any other provision of this section,
subsection (a) shall not apply to benefits under section 402(a)(3)(A)
(relating to the supplemental security income program) for an alien who
became blind or disabled after admission to the United States or for an
alien who was admitted to the United States prior to attaining the age
of 18 years and was blind or disabled (or for whom the onset of
blindness or disability occurred) prior to admission to the United
States.''.
(c) No reimbursement requirement.--Section 423(d) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 is
amended by adding at the end the following new paragraph:
``(12) Benefits under section 402(a)(3)(A) (relating to the
supplemental security income program) for an alien who became
blind or disabled after admission to the United States or for
an alien who was admitted to the United States prior to
attaining the age of 18 years and was blind or disabled (or for
whom the onset of blindness or disability occurred) prior to
admission to the United States.''.
SEC. 5. EXCEPTION FOR CERTAIN BLIND AND DISABLED ALIENS TO 5-YEAR
INELIGIBILITY OF QUALIFIED ALIENS FOR FEDERAL MEANS-
TESTED PUBLIC BENEFITS.
Section 403(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding
after paragraph (2) the following new paragraph:
``(3) Exception for blind and disabled aliens.--
``(A) An alien who became blind or disabled after
admission to the United States.
``(B) An alien who was admitted to the United
States before attaining the age of 18 years and who was
blind or disabled (or for whom the onset of blindness
or disability occurred) prior to admission to the
United States.''.
SEC. 6. SSI ELIGIBILITY FOR PERMANENT RESIDENT ALIENS AT LEAST 76 YEARS
OF AGE.
(a) In General.--Section 402(a)(2) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2))
is further amended by adding after subparagraph (E) the following new
subparagraph:
``(F) Permanent resident aliens at least 76 years
of age.--With respect to eligibility for benefits under
paragraph (3)(A) relating to the supplemental security
income program), paragraph (1) shall not apply to an
alien who
``(i) is lawfully admitted to the United
States for permanent residence under the
Immigration and Nationality Act; and
``(ii) is at least 76 years of age.''.
(b) No reimbursement requirement.--Section 423(d) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 is
amended by adding at the end the following new paragraph:
``(13) Benefits under section 402(a)(3)(A) (relating to the
supplemental security income program) for an alien who is
lawfully admitted to the United States for permanent residence
under the Immigration and Nationality Act and is at least 76
years of age.''.
SEC. 7. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall be effective as if included in the
enactment of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
(b) Exceptions.--The amendments made by sections 4, 5, and 6 shall
be effective with respect to benefits payable for months after July
1997.''. | Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make permanent resident aliens under 19 years old eligible for Medicaid.
Extends the refugee and asylee eligibility period for Medicaid and Supplemental Security Income (SSI). Makes qualified aliens eligible for SSI benefits who: (1) became blind or disabled after U.S. admission; or (2) were under 18 years old at, and blind or disabled prior to, U.S. admission. Exempts such aliens from: (1) attribution of sponsor income and repayment requirements; and (2) the five-year ineligibility period for Federal means-tested public benefits.
Makes permanent resident aliens who are at least 76 years old eligible for SSI benefits. Exempts such aliens from sponsor repayment requirements. | [
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] |
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Purpose.
Sec. 3. Technical amendments.
SEC. 2. PURPOSE.
The purpose of this Act is to make revisions in title 36, United
States Code, as necessary to keep the title current and make technical
corrections and improvements.
SEC. 3. TECHNICAL AMENDMENTS.
(a) Tables of Contents.--
(1) Table of contents of the title.--Title 36, United States
Code, is amended in the matter before subtitle I by striking
``Subtitle Sec.
PATRIOTIC AND NATIONAL OBSERVANCES AND CEREMONIES 101
PATRIOTIC AND NATIONAL ORGANIZATIONS...............................10101
TREATY OBLIGATION ORGANIZATIONS.................................300101''
and inserting
``Subtitle I--Patriotic and National Observances and Ceremonies
``Part A--Observances and Ceremonies
``Chap. Sec.
Patriotic and National Observances...................................101
National Anthem, Motto, Floral Emblem, March, and Tree...............301
Presidential Inaugural Ceremonies....................................501
Federal Participation in Carl Garner Federal Lands Cleanup Day.......701
Miscellaneous........................................................901
``Part B--United States Government Organizations Involved With
Observances and Ceremonies
American Battle Monuments Commission................................2101
United States Holocaust Memorial Council............................2301
President's Committee on Employment of People With Disabilities.....2501
``Subtitle II--Patriotic and National Organizations
``Part A--General
General............................................................10101
``Part B--Organizations
Agricultural Hall of Fame..........................................20101
Air Force Sergeants Association....................................20201
American Academy of Arts and Letters...............................20301
American Chemical Society..........................................20501
American Council of Learned Societies..............................20701
American Ex-Prisoners of War.......................................20901
American GI Forum of the United States.............................21001
American Gold Star Mothers, Incorporated...........................21101
American Historical Association....................................21301
American Hospital of Paris.........................................21501
The American Legion................................................21701
The American National Theater and Academy..........................21901
The American Society of International Law..........................22101
American Symphony Orchestra League.................................22301
American War Mothers...............................................22501
AMVETS (American Veterans).........................................22701
Army and Navy Union of the United States of America................22901
Aviation Hall of Fame..............................................23101
through 299....................................................Reserved
Big Brothers--Big Sisters of America...............................30101
Blinded Veterans Association.......................................30301
Blue Star Mothers of America, Inc..................................30501
Board For Fundamental Education....................................30701
Boy Scouts of America..............................................30901
Boys & Girls Clubs of America......................................31101
through 399....................................................Reserved
Catholic War Veterans of the United States of America, Incorporated40101
Civil Air Patrol...................................................40301
Congressional Medal of Honor Society of the United States of Americ40501
Corporation for the Promotion of Rifle Practice and Firearms Safety40701
through 499....................................................Reserved
Daughters of Union Veterans of the Civil War 1861-1865.............50101
Disabled American Veterans.........................................50301
through 599....................................................Reserved
82nd Airborne Division Association, Incorporated...................60101
through 699....................................................Reserved
Fleet Reserve Association..........................................70101
Former Members of Congress.........................................70301
The Foundation of the Federal Bar Association......................70501
Frederick Douglass Memorial and Historical Association.............70701
Future Farmers of America..........................................70901
through 799....................................................Reserved
General Federation of Women's Clubs................................80101
Girl Scouts of the United States of America........................80301
Gold Star Wives of America.........................................80501
through 899....................................................Reserved
Help America Vote Foundation.......................................90101
through 999....................................................Reserved
Italian American War Veterans of the United States................100101
through 1099...................................................Reserved
Jewish War Veterans of the United States of America, Incorporated.110101
Jewish War Veterans, U.S.A., National Memorial, Incorporated......110301
through 1199...................................................Reserved
Korean War Veterans Association, Incorporated.....................120101
through 1299...................................................Reserved
Ladies of the Grand Army of the Republic..........................130101
Legion of Valor of the United States of America, Incorporated.....130301
Little League Baseball, Incorporated..............................130501
through 1399...................................................Reserved
Marine Corps League...............................................140101
The Military Chaplains Association of the United States of America140301
Military Officers Association of America..........................140401
Military Order of the Purple Heart of the United States of America,
Incorporated......................................................140501
Military Order of the World Wars..................................140701
through 1499...................................................Reserved
National Academy of Public Administration.........................150101
National Academy of Sciences......................................150301
National Conference of State Societies, Washington, District of Co150501
National Conference on Citizenship................................150701
National Council on Radiation Protection and Measurements.........150901
National Education Association of the United States...............151101
National Fallen Firefighters Foundation...........................151301
National Federation of Music Clubs................................151501
National Film Preservation Foundation.............................151701
National Fund for Medical Education...............................151901
National Mining Hall of Fame and Museum...........................152101
National Music Council............................................152301
National Recording Preservation Foundation........................152401
National Safety Council...........................................152501
National Ski Patrol System, Incorporated..........................152701
National Society, Daughters of the American Colonists.............152901
The National Society of the Daughters of the American Revolution..153101
National Society of the Sons of the American Revolution...........153301
National Tropical Botanical Garden................................153501
National Woman's Relief Corps, Auxiliary to the Grand Army of the
Republic..........................................................153701
The National Yeomen (F)...........................................153901
Naval Sea Cadet Corps.............................................154101
Navy Club of the United States of America.........................154301
Navy Wives Clubs of America.......................................154501
Non Commissioned Officers Association of the United States of America,
Incorporated......................................................154701
through 1599...................................................Reserved
through 1699...................................................Reserved
Paralyzed Veterans of America.....................................170101
Pearl Harbor Survivors Association................................170301
Polish Legion of American Veterans, U.S.A.........................170501
through 1799...................................................Reserved
through 1899...................................................Reserved
Reserve Officers Association of the United States.................190101
Retired Enlisted Association, Incorporated........................190301
through 1999...................................................Reserved
Society of American Florists and Ornamental Horticulturists.......200101
Sons of Union Veterans of the Civil War...........................200301
through 2099...................................................Reserved
Theodore Roosevelt Association....................................210101
369th Veterans' Association.......................................210301
through 2199...................................................Reserved
United Service Organizations, Incorporated........................220101
United States Capitol Historical Society..........................220301
United States Olympic Committee...................................220501
United States Submarine Veterans of World War II..................220701
through 2299...................................................Reserved
Veterans of Foreign Wars of the United States.....................230101
Veterans of World War I of the United States of America, Incorpora230301
Vietnam Veterans of America, Inc..................................230501
through 2399...................................................Reserved
Women's Army Corps Veterans' Association..........................240101
through 2499...................................................Reserved
through 2599...................................................Reserved
through 2699...................................................Reserved
through 2799...................................................Reserved
``Subtitle III--Treaty Obligation Organizations
The American National Red Cross................................300101''.
(2) Tables of contents of subtitles.--Title 36, United States
Code, is further amended as follows:
(A) In the matter before chapter 1, after the heading
``Subtitle I--Patriotic and National Observances and Ceremonies'',
strike
``Part A--Observances and Ceremonies''
and all that follows through
President's Committee on Employment of People With Disabilities..2501''.
(B) In the matter before chapter 101, after the
heading
``Subtitle II--Patriotic and National Organizations'',
strike
``Part A--General''
and all that follows through
[Reserved].....................................................270101''.
(C) In the matter before chapter 3001, after the
heading
``Subtitle III--Treaty Obligation Organizations'',
strike
``Chapter Sec.
The American National Red Cross................................300101''.
(b) Reserved Chapters.-- Title 36, United States Code, is further
amended as follows:
(1) In the matter before
``CHAPTER 301--BIG BROTHERS--BIG SISTERS OF AMERICA'',
insert
``CHAPTERS 233 THROUGH 299--RESERVED''.
(2) In the matter before
``CHAPTER 401--CATHOLIC WAR VETERANS OF THE UNITED STATES OF AMERICA,
INCORPORATED'',
insert
``CHAPTERS 313 THROUGH 399--RESERVED''.
(3) In the matter before
``CHAPTER 501--DAUGHTERS OF UNION VETERANS OF THE CIVIL WAR 1861-
1865'',
insert
``CHAPTERS 409 THROUGH 499--RESERVED''.
(4) In the matter before
``CHAPTER 601--82ND AIRBORNE DIVISION ASSOCIATION, INCORPORATED'',
insert
``CHAPTERS 505 THROUGH 599--RESERVED''.
(5) In the matter before
``CHAPTER 701--FLEET RESERVE ASSOCIATION'',
insert
``CHAPTERS 603 THROUGH 699--RESERVED''.
(6) In the matter before
``CHAPTER 801--GENERAL FEDERATION OF WOMEN'S CLUBS'',
insert
``CHAPTERS 711 THROUGH 799--RESERVED''.
(7) In the matter before
``CHAPTER 1001--ITALIAN AMERICAN WAR VETERANS OF THE UNITED STATES'',
strike
``CHAPTER 901--[RESERVED]''
and insert (before chapter 901 as renumbered and transferred
by subsection (c)(6)(A)),
``CHAPTERS 807 THROUGH 899--RESERVED''.
(8) In the matter before
``CHAPTER 1001--ITALIAN AMERICAN WAR VETERANS OF THE UNITED STATES''
insert (after chapter 901 as renumbered and transferred by
subsection (c)(6)(A))
``CHAPTERS 903 THROUGH 999--RESERVED''.
(9) In the matter before
``CHAPTER 1101--JEWISH WAR VETERANS OF THE UNITED STATES OF AMERICA,
INCORPORATED'',
insert
``CHAPTERS 1003 THROUGH 1099--RESERVED''.
(10) In the matter before
``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED'',
insert
``CHAPTERS 1105 THROUGH 1199--RESERVED''.
(11) In the matter before
``CHAPTER 1301--LADIES OF THE GRAND ARMY OF THE REPUBLIC'',
insert
``CHAPTERS 1203 THROUGH 1299--RESERVED''.
(12) In the matter before
``CHAPTER 1401--MARINE CORPS LEAGUE'',
insert
``CHAPTERS 1307 THROUGH 1399--RESERVED''.
(13) In the matter before
``CHAPTER 1501--NATIONAL ACADEMY OF PUBLIC ADMINISTRATION'',
insert
``CHAPTERS 1409 THROUGH 1499--RESERVED''.
(14) In the matter before
``CHAPTER 1701--PARALYZED VETERANS OF AMERICA'',
strike
``CHAPTER 1601--[RESERVED]''
and insert
``CHAPTERS 1549 THROUGH 1599--RESERVED
``CHAPTERS 1601 THROUGH 1699--RESERVED''.
(15) In the matter before
``CHAPTER 1901--RESERVE OFFICERS ASSOCIATION OF THE UNITED STATES'',
strike
``CHAPTER 1801--[RESERVED]''
and insert
``CHAPTERS 1707 THROUGH 1799--RESERVED
``CHAPTERS 1801 THROUGH 1899--RESERVED''.
(16) In the matter before
``CHAPTER 2001--SOCIETY OF AMERICAN FLORISTS AND ORNAMENTAL
HORTICULTURISTS'',
insert
``CHAPTERS 1905 THROUGH 1999--RESERVED''.
(17) In the matter before
``CHAPTER 2101--THEODORE ROOSEVELT ASSOCIATION'',
insert
``CHAPTERS 2005 THROUGH 2099--RESERVED''.
(18) In the matter before
``CHAPTER 2201--UNITED SERVICE ORGANIZATIONS, INCORPORATED'',
insert
``CHAPTERS 2105 THROUGH 2199--RESERVED''.
(19) In the matter before
``CHAPTER 2301--VETERANS OF FOREIGN WARS OF THE UNITED STATES'',
insert
``CHAPTERS 2209 THROUGH 2299--RESERVED''.
(20) In the matter before
``CHAPTER 2401--WOMEN'S ARMY CORPS VETERANS' ASSOCIATION'',
insert
``CHAPTERS 2307 THROUGH 2399--RESERVED''.
(21) In the matter before
``Subtitle III--Treaty Obligation Organizations'',
strike
``CHAPTER 2501--[RESERVED]
``CHAPTER 2601--[RESERVED]
``CHAPTER 2701--[RESERVED]''
and insert
``CHAPTERS 2403 THROUGH 2499--RESERVED
``CHAPTERS 2501 THROUGH 2599--RESERVED
``CHAPTERS 2601 THROUGH 2699--RESERVED
``CHAPTERS 2701 THROUGH 2799--RESERVED''.
(c) Other Technical Amendments to Title 36.--Title 36, United States
Code, is further amended as follows:
(1) National anthem, motto, floral emblem, march, and tree.--
In the heading for chapter 3, strike ``FLORAL EMBLEM MARCH''
and insert ``FLORAL EMBLEM, MARCH''.
(2) United states holocaust memorial museum.--In section
2301(2), strike ``section 2306'' and insert ``section 2304''.
(3) Corporation for the promotion of rifle practice and
firearms safety.--In section 40706(a)--
(A) in the matter before paragraph (1), strike the
dash appearing after ``the Secretary of the Army'' and
insert a colon;
(B) in paragraph (1), strike ``firearms'' and insert
``Firearms''; and
(C) in paragraph (3), strike ``trophies'' and insert
``Trophies''.
(4) Military officers association of america.--In section
140402, in the matter before paragraph (1), strike ``(a)
General.--The purposes'' and insert ``The purposes''.
(5) National film preservation foundation.--In section
151705(b), in the matter before paragraph (1), strike ``the the
jurisdiction'' and insert ``the jurisdiction''.
(6) Help america vote foundation.--
(A) Renumbering and transfer of chapter.--Chapter
1526 is renumbered as chapter 901 and transferred so as
to appear after
``CHAPTERS 807 THROUGH 899--RESERVED''
(as inserted by subsection (b)(7)).
(B) Renumbering of sections.--In chapter 901, as
renumbered by subparagraph (A), and in the chapter
analysis, sections 152601 through 152612 are renumbered
as sections 90101 through 90112, respectively.
(C) Conforming amendment.--In section 90109, as
renumbered by subparagraph (B), strike ``section
152602'' and insert ``section 90102''.
(7) National tropical botanical garden.--At the end of the
chapter table of contents for chapter 1535, insert--
``153514. Authorization of appropriations.''.
(8) National yeomen (f).--
(A) In the heading for chapter 1539, strike ``YOEMEN
F'' and insert ``YEOMEN (F)''.
(B) In section 153901, strike ``Yoemen F'' and insert
``Yeomen (F)''.
(C) In paragraphs (1) and (2) of section 153902,
strike ``Yoemen (f)'' and insert ``Yeomen (F)''.
Passed the House of Representatives December 5, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Amends title 36 of the United States Code (Patriotic and National Observances, Ceremonies, and Organizations) to revise and expand the tables of contents for such title and its subtitles, revise the formatting of the chapter headings, and make technical corrections to subtitle and chapter headings. | [
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] |
SECTION 1. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL SECURITY
CARD PROGRAM IMPROVEMENTS AND ASSESSMENT.
(a) Credential Improvements.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Transportation
Security Administration shall commence actions, consistent with
section 70105 of title 46, United States Code, to improve the
Transportation Security Administration's process for vetting
individuals with access to secure areas of vessels and maritime
facilities.
(2) Required actions.--The actions described under paragraph
(1) shall include--
(A) conducting a comprehensive risk analysis of security
threat assessment procedures, including--
(i) identifying those procedures that need additional
internal controls; and
(ii) identifying best practices for quality assurance
at every stage of the security threat assessment;
(B) implementing the additional internal controls and best
practices identified under subparagraph (A);
(C) improving fraud detection techniques, such as--
(i) by establishing benchmarks and a process for
electronic document validation;
(ii) by requiring annual training for Trusted Agents;
and
(iii) by reviewing any security threat assessment-
related information provided by Trusted Agents and
incorporating any new threat information into updated
guidance under subparagraph (D);
(D) updating the guidance provided to Trusted Agents
regarding the vetting process and related regulations;
(E) finalizing a manual for Trusted Agents and adjudicators
on the vetting process; and
(F) establishing quality controls to ensure consistent
procedures to review adjudication decisions and terrorism
vetting decisions.
(3) Report.--Not later than 2 years after the date of enactment
of this Act, the Inspector General of the Department of Homeland
Security shall submit a report to Congress that evaluates the
implementation of the actions described in paragraph (1).
(b) Comprehensive Security Assessment of the Transportation
Security Card Program.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
commission an assessment of the effectiveness of the transportation
security card program (referred to in this section as ``Program'')
required under section 70105 of title 46, United States Code, at
enhancing security and reducing security risks for facilities and
vessels regulated under chapter 701 of that title.
(2) Location.--The assessment commissioned under paragraph (1)
shall be conducted by a research organization with significant
experience in port or maritime security, such as--
(A) a national laboratory;
(B) a university-based center within the Science and
Technology Directorate's centers of excellence network; or
(C) a qualified federally-funded research and development
center.
(3) Contents.--The assessment commissioned under paragraph (1)
shall--
(A) review the credentialing process by determining--
(i) the appropriateness of vetting standards;
(ii) whether the fee structure adequately reflects the
current costs of vetting;
(iii) whether there is unnecessary redundancy or
duplication with other Federal- or State-issued
transportation security credentials; and
(iv) the appropriateness of having varied Federal and
State threat assessments and access controls;
(B) review the process for renewing applications for
Transportation Worker Identification Credentials, including the
number of days it takes to review application, appeal, and
waiver requests for additional information; and
(C) review the security value of the Program by--
(i) evaluating the extent to which the Program, as
implemented, addresses known or likely security risks in
the maritime and port environments;
(ii) evaluating the potential for a non-biometric
credential alternative;
(iii) identifying the technology, business process, and
operational impacts of the use of the transportation
security card and transportation security card readers in
the maritime and port environments;
(iv) assessing the costs and benefits of the Program,
as implemented; and
(v) evaluating the extent to which the Secretary of
Homeland Security has addressed the deficiencies in the
Program identified by the Government Accountability Office
and the Inspector General of the Department of Homeland
Security before the date of enactment of this Act.
(4) Deadlines.--The assessment commissioned under paragraph (1)
shall be completed not later than 1 year after the date on which
the assessment is commissioned.
(5) Submission to congress.--Not later than 60 days after the
date that the assessment is completed, the Secretary of Homeland
Security shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security and the Committee on Transportation and Infrastructure of
the House of Representatives the results of the assessment
commissioned under this subsection.
(c) Corrective Action Plan; Program Reforms.--If the assessment
commissioned under subsection (b) identifies a deficiency in the
effectiveness of the Program, the Secretary of Homeland Security, not
later than 60 days after the date on which the assessment is completed,
shall submit a corrective action plan to the Committee on Commerce,
Science, and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland Security
and the Committee on Transportation and Infrastructure of the House of
Representatives that--
(1) responds to findings of the assessment;
(2) includes an implementation plan with benchmarks;
(3) may include programmatic reforms, revisions to regulations,
or proposals for legislation; and
(4) shall be considered in any rulemaking by the Department of
Homeland Security relating to the Program.
(d) Inspector General Review.--If a corrective action plan is
submitted under subsection (c), the Inspector General of the Department
of Homeland Security shall--
(1) not later than 120 days after the date of such submission,
review the extent to which such plan implements the requirements
under subsection (c); and
(2) not later than 18 months after the date of such submission,
and annually thereafter for 3 years, submit a report to the
congressional committees set forth in subsection (c) that describes
the progress of the implementation of such plan.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 10, 2016. (Sec. 1) This bill directs the Transportation Security Administration (TSA) to commence actions to improve its process for vetting individuals with access to secure areas of vessels and maritime facilities. These actions shall include: conducting a comprehensive risk analysis of security threat assessment procedures, including identifying procedures that need additional internal controls as well as best practices for quality assurance at every stage of the assessment; implementing such internal controls and best practices; improving fraud detection techniques; updating the guidance provided to Trusted Agents (Credentialing Office) regarding the vetting process and related regulations; finalizing a manual for such agents and adjudicators on the vetting process; and establishing quality controls to ensure consistent procedures to review adjudication decisions and terrorism vetting decisions. The Department of Homeland Security (DHS) shall commission a national laboratory, a university-based center within the Science and Technology Directorate's centers of excellence network, or a qualified federally-funded research and development center to conduct an assessment of the effectiveness of the Transportation Worker Identification Credential (TWIC) Program at enhancing security and reducing security risks for maritime facilities and vessels that pose a high risk of being involved in a transportation security incident. The assessment shall review: the credentialing process, the process for renewing TWIC applications, and the security value of the TWIC program. If the assessment identifies a deficiency in effectiveness of the TWIC Program, DHS shall submit to Congress a corrective action plan that: responds to assessment findings and includes an implementation plan with benchmarks, and shall be considered in any DHS rulemaking with respect to the TWIC Program. The DHS Inspector General must review and report on the corrective action plan. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gold King Accountability and
Compensation for Taxpayers'' or the ``Gold King ACT''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on August 5, 2015, the Environmental Protection Agency
caused the release of approximately 3,000,000 gallons of
contaminated water from the Gold King Mine into Cement Creek;
(2) the Environmental Protection Agency takes full
responsibility for the Gold King Mine spill;
(3) the peer reviewer of the Corps of Engineers to the
report of the Department of the Interior relating to the Gold
King Mine spill expressed concerns about the independent nature
of the report and the internal communications and decisions of
the Environmental Protection Agency relating to the spill;
(4) the Environmental Protection Agency should be held to
the same standards as the private sector would be if the
private sector caused a similar spill;
(5) the Environmental Protection Agency should hold
accountable those individuals responsible for the Gold King
Mine spill; and
(6) since response activities took place after October 31,
2015, the Environmental Protection Agency should reimburse
requests for response activity expenses incurred after that
date.
SEC. 3. 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.
(3) Independent contractor.--The term ``independent
contractor'' means any person, as of August 5, 2015, that--
(A) entered into a contract with a Federal agency
(as defined in section 2671 of title 28, United States
Code) for goods or services relating to the Gold King
Mine spill; and
(B) was not an employee of the Government (as
defined in section 2671 of title 28, United States
Code).
(4) Injured person.--The term ``injured person'' means a
person that--
(A) suffered injury resulting from the Gold King
Mine spill; and
(B) is--
(i) an individual;
(ii) an Indian tribe, tribal corporation,
or other tribal organization;
(iii) a corporation, business, partnership,
company, association, insurer, county,
township, city, State or political subdivision
of a State, school district, ditch company,
special district, water district, water
company, the Animas-La Plata Operation,
Maintenance and Replacement Association, or
other non-Federal entity; or
(iv) a legal representative of an
individual or entity described in any of
clauses (i) through (iii).
(5) Injury.--The term ``injury'' means any damage to, or
loss of, property, or a personal injury or death, 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.
SEC. 4. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE FEDERAL TORT CLAIMS
ACT.
(a) Responsibilities of the Administrator.--
(1) In general.--An injured person may bring a claim
arising out of, or relating to, any injury resulting from the
Gold King Mine spill under chapter 171 of title 28, United
States Code (commonly known as the ``Federal Tort Claims Act'')
and the Administrator shall receive, process, and pay those
claims in accordance with this section.
(2) Timing.--
(A) In general.--Notwithstanding section 2675(a) of
title 28, United States Code, not later than 90 days
after the date on which an injured person submits to
the Administrator a claim under this section, the
Administrator shall award or deny the payment of the
claim.
(B) Partially paid claims.--In the case of a claim
for which, as of the date of enactment of this Act, the
Administrator has partially awarded payment to an
injured person, the Administrator shall award the
remaining payment not later than 60 days after that
date of enactment.
(C) Previously filed claims.--In the case of a
claim for which, as of the date of enactment of this
Act, not fewer than 90 days have passed since the date
on which an injured person submitted to the
Administrator a claim under this section, not later
than 60 days after that date of enactment, the
Administrator shall award or deny payment of the claim.
(b) Applicability of Other Law.--
(1) Applicability of exception.--Section 2680(a) of title
28, United States Code, shall not apply to claims brought under
this section.
(2) Independent contractors.--For purposes of a claim
brought under this section, the definition of the term
``Federal agency'' under section 2671 of title 28, United
States Code, shall be considered to include an independent
contractor.
(c) Allowable Damages.--
(1) Property loss.--A claim that is paid for loss of
property under this section may include otherwise-uncompensated
damages resulting from the Gold King Mine spill for--
(A) a cost resulting from lost tribal or nontribal
subsistence from hunting, fishing, firewood gathering,
timbering, grazing, or agricultural activities, or from
lost use for traditional or ceremonial uses, conducted
on land or water damaged by the Gold King Mine spill;
(B) a 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 Act;
(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 an injury
under this section may include damages resulting from the Gold
King Mine spill for the following types of otherwise-
uncompensated business loss:
(A) Damage to tangible assets or inventory.
(B) Lost business income.
(C) Overhead costs.
(D) Employee wages for work not performed.
(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 an injury
under this section may include damages resulting from the Gold
King Mine spill for the following types of otherwise-
uncompensated financial loss:
(A) An insurance deductible.
(B) Lost wages or personal income.
(C) Emergency staffing expenses.
(D) Debris removal and other cleanup costs.
(E) Any other loss that the Administrator
determines to be appropriate for inclusion as a
financial loss.
(d) Recoupment for Improper Payments.--Notwithstanding any other
provision of law, during the 13-year period beginning on the date on
which a claim is awarded under this section, the Administrator may take
such action as is necessary to recover payments made under this section
with respect to fraudulent claims and claims made with inaccurate
information.
(e) Source of Payments.--
(1) In general.--Any compensation or award against the
Government made pursuant to a claim under this section shall be
paid by the Administrator from unobligated balances in the
appropriations accounts of the Environmental Protection Agency.
(2) Intent of congress.--It is the intent of Congress that
no additional funds be appropriated to carry out this Act.
SEC. 5. GOLD KING MINE SPILL CLAIMS PURSUANT TO THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT.
(a) In General.--The Administrator shall, consistent with the
national contingency plan, receive, process, and pay under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) claims related to the Gold King Mine
spill.
(b) Eligible Claims.--The Administrator shall receive, process, and
pay under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) claims related to the
Gold King Mine spill that otherwise would be ineligible under that Act
or the national contingency plan if the response action carried out by
the claimant is not inconsistent with the national contingency plan as
described in section 107 of that Act (42 U.S.C. 9607).
(c) Timing.--
(1) In general.--Not later than 90 days after the date on
which an injured person submits to the Administrator a claim
under this section, the Administrator shall award or deny the
payment of the claim.
(2) Partially paid claims.--In the case of a claim for
which, as of the date of enactment of this Act, the
Administrator has partially awarded payment to an injured
person, the Administrator shall award the remaining payment not
later than 60 days after that date of enactment.
(3) Previously filed claims.--In the case of a claim for
which, as of the date of enactment of this Act, not fewer than
90 days have passed since the date on which an injured person
submitted to the Administrator a claim under this section, not
later than 60 days after that date of enactment, the
Administrator shall award or deny payment of the claim.
SEC. 6. EFFECT OF ACT; REDUCTION IN PAYMENT.
(a) Effect of Act.--This Act does not diminish the ability of the
Administrator to carry out the responsibilities of the Administrator
under any other provision of law.
(b) Reduction in Payment.--To prevent a claimant from receiving
twice the damage award for the same injury or claim--
(1) any compensation or award against the Government under
section 4 shall be deducted from any payment awarded against
the Government under section 5; and
(2) any compensation or award against the Government under
section 5 shall be deducted from any payment awarded against
the Government under section 4.
SEC. 7. WATER QUALITY PROGRAM.
(a) In General.--In response to the Gold King Mine spill, the
Administrator, in coordination with affected States and Indian tribes,
shall develop and implement a program for long-term water quality
monitoring of the Animas River.
(b) Requirements.--In carrying out the program described in
subsection (a), the Administrator shall--
(1) collect water quality samples and sediment data;
(2) provide the public with a means of viewing the samples
and data referred to in paragraph (1) by, at a minimum, posting
the information on the website of the Administrator;
(3) take any other relevant measure necessary to assist
affected States and Indian tribes with long-term water
monitoring; and
(4) carry out additional program activities, as determined
by the Administrator. | Gold King Accountability and Compensation for Taxpayers or the Gold King ACT This bill allows a person to bring a compensation claim for allowable damages (i.e., property, business, or financial losses) under the Federal Tort Claims Act if the claim is related to an injury resulting from the spill in Cement Creek from the Gold King Mine near Silverton, Colorado. The spill occurred on August 5, 2015. The bill prohibits certain exemptions and limitations on tort claims against the United States under the Act from applying to claims for injuries resulting from the spill. The EPA must receive, process, and pay under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 claims related to the Gold King Mine spill, including claims that otherwise would be ineligible under that Act or the national oil and hazardous substances pollution contingency plan if the response action carried out by the claimant is not inconsistent with the plan. The EPA must pay claims from unobligated balances in its accounts. The EPA must develop and implement a program for long-term water quality monitoring of the Animas River. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asset Forfeiture Responsibility Act
of 2011''.
SEC. 2. PURPOSE.
The purpose of this Act is to strengthen and improve monitoring in
the fisheries across the United States.
SEC. 3. FISHERIES INVESTMENT FUND.
(a) Establishment.--There is established in the general fund of the
Treasury a separate account, which shall be known as the ``Fisheries
Investment Fund''.
(b) Source of Funds.--
(1) In general.--All sums received by the United States as
fines, penalties, and forfeitures of property for violations of
any provision of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) or any other marine
resource law enforced by the Secretary of Commerce shall be
deposited into the Fisheries Investment Fund.
(2) Availability of funds.--Fees deposited in the Fisheries
Investment Fund State shall remain available until expended.
(c) Use of Funds.--Fees deposited in the Fisheries Investment Fund
shall be used--
(1) subject to subsection (d), to reimburse reasonable
attorneys' fees to a covered person; and
(2) to conduct--
(A) the audit required by subsection (e);
(B) enforcement activities as described in section
311(e)(1) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1861(e)(1)), as amended
by section 5; and
(C) monitoring activities as described in
subsection (l) of section 305 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1855(l)), as added by section 4.
(d) Reimbursement of Attorneys' Fees.--
(1) Authority to provide reimbursement.--During fiscal
years 2012 and 2013, the Secretary of Commerce may reimburse
the reasonable attorneys' fees of a covered person pursuant to
subsection (c)(1).
(2) Application.--A covered person seeking reimbursement
under paragraph (1) shall submit to the Secretary an
application for such reimbursement no more than 60 days after
the date the Secretary directs a fisheries enforcement penalty
be remitted to the covered person.
(3) Definitions.--In this section:
(A) Covered person.--The term ``covered person''
means any person--
(i) that the Secretary of Commerce has
directed be remitted a fisheries enforcement
penalty at the recommendation of the report of
Special Master Swartwood; or
(ii) that--
(I) submitted a complaint to the
Special Master prior to May 7, 2011,
seeking remittance of a fisheries
enforcement penalty; and
(II) the Secretary directs to
receive such remittance or a portion of
such remittance.
(B) Reasonable attorneys' fees.--The term
``reasonable attorneys' fees'' means attorneys' fees
expended by a covered person--
(i) seeking remittance of a fisheries
enforcement penalty that the Secretary of
Commerce directs be remitted to the covered
person;
(ii) that were incurred by the covered
person prior to the date that is 60 days after
such fisheries enforcement penalty was directed
by the Secretary to be remitted to the covered
person; and
(iii) that the Secretary determines are
reasonable.
(e) Audit.--For each of the fiscal years 2012, 2013, and 2014, the
Secretary of Commerce or the Secretary of the Treasury shall--
(1) prepare an annual audit plan for the Fisheries
Investment Fund;
(2) submit each such audit plan to the Inspector General of
the Department of Commerce or the Inspector General of the
Department of the Treasury, as appropriate;
(3) carry out the audit; and
(4) submit the final audit results to the Inspector General
of the Department of Commerce or the Inspector General of the
Department of the Treasury, as appropriate, upon completion.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
Secretary of Commerce from the Fisheries Investment Fund for
each fiscal year beginning with fiscal year 2012--
(A) for the reimbursement of reasonable attorneys'
fees pursuant to subsection (d), the amount necessary
to provide such reimbursement;
(B) for an audit required by subsection (e), the
amount necessary to conduct such audit;
(C) for enforcement activities described in section
311(e)(1) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1861(e)(1)), as amended
by section 5, an amount that is not more than 33
percent of the total remaining amount in the Fund; and
(D) for monitoring activities described in
subsection (l) of section 305 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1855), as added by section 4, the total remaining
amount in the Fund less any amount appropriated
pursuant to the authorization in subparagraph (C).
(2) Total remaining amount in the fund.--In this
subsection, the term ``total remaining amount in the Fund''
means the following:
(A) For fiscal years 2012, the amount received by
the United States in fiscal year 2011 as fines,
penalties, and forfeitures of property for violations
of any provision of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.) or any other marine resource law enforced by the
Secretary of Commerce less--
(i) the amount necessary to provide
reimbursement pursuant to paragraph (1)(A) for
fiscal year 2012; and
(ii) the amount necessary to conduct an
audit pursuant to paragraph (1)(B) for fiscal
year 2012.
(B) For a fiscal year after 2012, the amount
deposited in the Fisheries Investment Fund for the
prior fiscal year less--
(i) the amount necessary to provide
reimbursement pursuant to paragraph (1)(A) for
the current fiscal year; and
(ii) the amount necessary to conduct an
audit pursuant to paragraph (1)(B) for the
current fiscal year.
SEC. 4. USE OF FUNDS FOR MONITORING.
Section 305 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1855) is amended by adding at the end the
following new subsection:
``(l) Monitoring Activities.--
``(1) In general.--The Secretary may pay from sums
appropriated to the Secretary for monitoring activities from
the Fisheries Investment Fund established under section 3(a) of
the Asset Forfeiture Responsibility Act of 2011 monitoring
activities selected by the Councils, including, in order of
priority--
``(A) at-sea observers and shoreside monitoring;
``(B) preparing fishery impact statements, as
described in section 303(a)(9); and
``(C) other priorities established by a Council as
necessary to rebuild or maintain sustainable fisheries,
ensure healthy ecosystems, and maintain fishing
communities.
``(2) Allocation of funds among councils.--For each fiscal
year, the sums appropriated to the Secretary for monitoring
activities from the Fisheries Investment Fund established under
section 3(a) of the Asset Forfeiture Responsibility Act of 2011
and used to carry out monitoring activities under paragraph (1)
shall be allocated among the Councils so that the proportion of
such sums that a Council receives is equal to the proportion of
the sums deposited in such Fund from violations occurring in
the area over which that Council exercises fishery management
jurisdiction.''.
SEC. 5. USE OF FUNDS FOR ENFORCEMENT.
(a) In General.--Section 311(e) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861(e)) is amended--
(1) in paragraph (1)--
(A) by amendment the material preceding
subparagraph (A) to read as follows:
``(1) The Secretary may pay from sums appropriated to the
Secretary for enforcement activities from the Fisheries
Investment Fund established under section 3(a) of the Asset
Forfeiture Responsibility Act of 2011--''; and
(B) by striking subparagraph (C); and
(2) in paragraph (2), by moving such paragraph two ems to
the left.
(b) Conforming Amendment.--Section 311(f) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861(f)) is amended
by striking paragraph (4).
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to sums received on or after the date of the enactment of this
Act. | Asset Forfeiture Responsibility Act of 2011 - Establishes the Fisheries Investment Fund as a separate account in the general fund of the Treasury where all sums received by the United States as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) or any other marine resource law enforced by the Secretary of Commerce (Secretary) shall be deposited and remain available until expended.
Directs that fees deposited in the Fund be used to: (1) reimburse reasonable attorneys' fees to a person that the Secretary has directed to be remitted a fisheries enforcement penalty as recommended in the report of Special Master Swartwood or a person that submitted a complaint to the Special Master prior to May 7, 2011, seeking remittance of a fisheries enforcement penalty and whom the Secretary directs to receive at least a portion of such remittance; and (2) conduct Fund audits and specified enforcement and monitoring activities under provisions of the Magnuson-Stevens Act amended by this Act.
Authorizes the Secretary, during FY2012-FY2013, to reimburse reasonable attorneys' fees to such a person. Directs a person to apply for such reimbursement within 60 days after the Secretary directs a fisheries enforcement penalty be remitted to that person.
Allows the Secretary to pay from sums appropriated from the Fund for monitoring activities selected by the Regional Fishery Management Councils, including at-sea observers and shoreside monitoring, preparing fishery impact statements, and other priorities established by a Council as necessary to rebuild or maintain sustainable fisheries, ensure healthy ecosystems, and maintain fishing communities.
Removes a provision allowing expenses directly related to investigations and civil or criminal enforcement proceedings, including related expenses necessary for equipment, training, travel, witnesses, and contracting services, to be paid from sums received as fines, penalties, and forfeitures of property for violations of the Magnuson-Stevens Act or any other fishery resource law enforced by the Secretary. Authorizes certain other costs and enforcement expenses to be paid from sums appropriated from the Fund. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Care Corps Act of 2014''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Corps.--The term ``Corps'' means the National Care
Corps established under section 3 of this Act.
(2) Director.--The term ``Director'' means the Director of
the Corps appointed under section 3(b)(1) of this Act.
(3) Local care corps program.--The term ``local Care Corps
program'' means a program funded with a grant awarded under
section 10(b) of this Act that hosts Corps members and arranges
for them to provide approved services to individuals in need.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. ESTABLISHMENT OF NATIONAL CARE CORPS.
(a) In General.--There is established in the Department of Health
and Human Services a program to be known as the ``National Care Corps''
through which Corps members provide approved services to individuals in
need via participation in local Care Corps programs.
(b) Staff.--
(1) Appointment of director.--The Secretary, acting through
the Administrator for Community Living, shall appoint a
Director of the Corps.
(2) Duties of director.--The Director shall--
(A) design, develop, and administer Corps programs;
(B) manage the daily operations of the Corps; and
(C) report to the Administrator for Community
Living.
(3) Authority to employ staff.--The Director may employ
such staff as is necessary to carry out this Act.
SEC. 4. SELECTION AND ELIGIBILITY OF MEMBERS.
(a) In General.--
(1) Selection.--The Director shall select eligible
individuals for membership in the Corps.
(2) Nondiscrimination.--In selecting Corps members, the
Director shall comply with all applicable provisions of State
and Federal laws and regulations pertaining to
nondiscrimination and equal employment opportunity.
(b) Eligible Individuals.--To be eligible for membership in the
Corps, an individual shall--
(1) be at least 18 years of age on or before December 31 of
the calendar year in which the individual begins participation
in the Corps;
(2) agree to participate in the Corps for a period of not
more than 24 months;
(3) submit an application to the Director at such time, in
such manner, and containing such information as the Director
may require;
(4) pass a criminal background check as described in
subsection (c); and
(5) agree to comply with such terms and conditions as the
Director may require.
(c) Criminal Background Check.--
(1) In general.--Before selecting any individual for
membership in the Corps, the Director shall request a criminal
background check of such individual.
(2) Membership prohibitions.--An individual shall be
ineligible to be a Corps member if--
(A) such individual refuses to consent to the
criminal background check; or
(B) the criminal background check does not
demonstrate to the Director's satisfaction that such
individual is fit for Corps service.
SEC. 5. AUTHORIZED BENEFITS FOR CORPS MEMBERS.
(a) In General.--The Director shall provide for members of the
Corps to receive allowances, health insurance, and post-service
educational awards authorized by this section.
(b) Allowances.--The Director shall provide each Corps member with
such living, travel, and leave allowances, and such housing
transportation, supplies, equipment, and subsistence as the Director
may determine to be necessary for the member's maintenance and to
ensure the member's health and capacity to serve effectively.
(c) Health Insurance.--
(1) In general.--The Director shall provide for each Corps
member to receive health insurance coverage.
(2) Minimum essential coverage.--The health insurance
coverage described paragraph (1) shall meet the requirements of
section 5000A(f) of the Internal Revenue Code of 1986.
(d) Post-Service Educational Award.--
(1) In general.--The Director shall establish an
educational award for Corps members.
(2) Amounts.--
(A) Amount for full-time service.--In the case of a
Corps member who completes a 12-month term of full-time
service as determined by the Director, such member
shall receive an educational award having a value equal
to the maximum amount of a Federal Pell Grant under
section 401 of the Higher Education Act of 1965 (20
U.S.C. 1070a) that a student eligible for such grant
may receive in the aggregate (without regard to whether
the funds are provided through discretionary or
mandatory appropriations) for the award year. A Corps
member may receive up to 2 such awards.
(B) Amount for other periods of service.--In the
case of a Corps member who completes less than a 12-
month term of full-time service as determined by the
Director, such member may receive a portion of the
educational award described in subparagraph (A) that
corresponds to the quantity of service actually
completed by the member.
(3) Uses of award.--An educational award shall be used to
pay--
(A) costs of attendance at an institution of higher
education; or
(B) government or commercial loans received by an
individual for costs of attendance at an institution of
higher education.
(4) Definitions.--For purposes of this subsection, the
following definitions shall apply:
(A) Cost of attendance.--The term ``cost of
attendance'' has the meaning given such term by section
472 of the Higher Education Act of 1965 (20 U.S.C.
1087ll).
(B) Institution of higher education.--The term
``institution of higher education'' has the meaning
given such term by section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(e) Regulations.--The Director shall issue any regulations that the
Director determines to be necessary to carry out this section.
SEC. 6. ASSIGNMENT OF CORPS MEMBERS TO SENIORS AND INDIVIDUALS WITH
DISABILITIES.
(a) Assignment of Corps Members.--
(1) In general.--The Director shall assign each Corps
member to participate in a local Care Corps program.
(2) Priority of assignment.--In assigning Corps members to
local Care Corps programs, the Director shall assign not less
than 20 percent of members to programs that serve geographic
areas in which the Director determines there is a shortage of
approved services available to individuals in need, with
consideration given to low-income and minority populations.
(b) Services Provided by Corps Members.--
(1) In general.--Corps members may only provide approved
services to individuals in need through participation in local
Care Corps programs.
(2) Approved services.--Approved services are services
provided directly to individuals in need in home-based settings
that--
(A) result in person-to-person, supportive
relationships with each individual served;
(B) support the achievement and maintenance of the
highest level of independent living for each individual
in need;
(C) are meaningful to the Corps member; and
(D) are supported by appropriate orientation,
training, and supervision.
(3) Prohibited services.--In performing duties as a Corps
member, no member shall provide--
(A) professional medical services;
(B) administrative support services to a local
Corps program;
(C) care in an institutional setting;
(D) care prohibited under State law; or
(E) any other services determined by the director
to be inconsistent with the purposes of the Corps.
(4) Guidance regarding scope of services.--The Director may
issue guidance describing the scope of services that may be
provided by Corps members. In issuing such guidance, the
Director shall provide for a public notice and comment period
of not less than 30 days before issuing the guidance in final
form.
(c) Individual in Need.--The term ``individual in need'' means an
individual who--
(1) is at least 65 years of age or has a disability as
defined in section 3 of the Americans With Disabilities Act of
1990 (42 U.S.C. 12102);
(2) has difficulty with self-care; and
(3) meets such other criteria as the Director determines to
be appropriate.
SEC. 7. TRAINING AND STANDARDS OF CONDUCT.
(a) Pre-Assignment Training Program.--The Director shall develop a
training program that provides Corps members with instruction in the
skills necessary to carry out an assignment in a local Care Corps
program. Such training program shall include--
(1) at least 20 hours of instruction for each Corps member;
and
(2) any other requirements the Director determines to be
appropriate.
(b) Standards of Conduct.--The Director shall establish and enforce
standards to promote proper conduct and discipline within the Corps.
SEC. 8. STATUS OF CORPS MEMBERS UNDER FEDERAL LAW.
(a) In General.--Except as otherwise provided in this section,
members of the Corps shall not, by reason of their status as members,
be treated as Federal employees or be subject to the provisions of law
relating to Federal employment.
(b) Work-Related Injuries.--
(1) In general.--For purposes of subchapter I of chapter 81
of title 5, United States Code, relating to the compensation of
Federal employees for work injuries, members of the Corps shall
be treated as employees of the United States within the meaning
of the term ``employee'', as defined in section 8101 of such
title.
(2) Special rule.--In the application of the provisions of
subchapter I of chapter 81 of title 5, United States Code, to a
member of the Corps, the member shall not be treated to be in
the performance of duty while absent from the member's assigned
post of duty unless the absence is authorized in accordance
with procedures prescribed by the Director.
(c) Tort Claims Procedure.--A member of the Corps shall be treated
as an employee of the United States for purposes of chapter 171 of
title 28, United States Code, relating to tort claims liability and
procedure.
SEC. 9. REPORTING REQUIREMENTS.
The Secretary of Health and Human Services, acting through the
Administrator for Community Living, shall transmit to Congress at least
once in each fiscal year a report on the Corps. At minimum, such report
shall include--
(1) a description of the population served by the Corps
during the preceding fiscal year;
(2) an evaluation of Corps operations; and
(3) recommendations, if any, for improving Corps
operations.
SEC. 10. LOCAL CARE CORPS PROGRAMS.
(a) Functions of Local Care Corps Programs.--Local Care Corps
programs shall--
(1) conduct in-person orientation and training for Corps
members;
(2) develop and monitor member assignments, which shall
include selecting the individuals in need to be served by Corps
members, matching members to assignments, and supervising
members;
(3) maintain records and prepare reports as required by the
Director; and
(4) carry out any other activities determined to be
appropriate by the Director.
(b) Grants for Local Care Corps Programs.--The Director may award
grants to qualified entities for the operation of local Care Corps
programs.
(1) Qualified entity.--The term ``qualified entity'' means
a public or private nonprofit entity that is--
(A) part of an aging network, as defined by section
102(5) of the Older Americans Act of 1965 (42 U.S.C.
3002(5));
(B) a time-banking or volunteer organizing agency;
(C) a State, county, or local government; or
(D) any other entity determined to be appropriate
by the Director.
(2) Application process.--To be eligible for a grant under
this subsection, a qualified entity shall--
(A) submit an application to the Director at such
time, in such manner, and containing such information
as the Director may require; and
(B) abide by such terms and conditions as the
Director determines to be appropriate.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
$350,000,000 for each of the fiscal years beginning after the date of
the enactment of this Act.
(b) Continued Availability of Funds.--Amounts authorized to be
appropriated under subsection (a) for a fiscal year are authorized to
remain available for that fiscal year and the subsequent fiscal year. | National Care Corps Act of 2014 - Establishes in the Department of Health and Human Services (HHS) the National Care Corps through which Corps Members provide certain services to individuals in need who are age 65 or older or have a disability and have difficulty with self-care. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Security Act of 2003''.
SEC. 2. DEFINITIONS.
Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is
amended--
(1) by redesignating subsection jj. as subsection ii.; and
(2) by adding at the end the following:
``jj. Design Basis Threat.--The term `design basis threat' means
the design basis threat established by the Commission under section
73.1 of title 10, Code of Federal Regulations (or any successor
regulation developed under section 170C).
``kk. Sensitive Nuclear Facility.--The term `sensitive nuclear
facility' means--
``(1) a commercial nuclear power plant and associated spent
fuel storage facility;
``(2) a decommissioned nuclear power plant and associated
spent fuel storage facility;
``(3) a category I fuel cycle facility;
``(4) a gaseous diffusion plant; and
``(5) any other facility licensed by the Commission, or
used in the conduct of an activity licensed by the Commission,
that the Commission determines should be treated as a sensitive
nuclear facility under section 170C.''.
SEC. 3. NUCLEAR SECURITY.
(a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following:
``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES AGAINST THE
DESIGN BASIS THREAT.
``(a) Definitions.--In this section:
``(1) Nuclear security force.--The term `nuclear security
force' means the nuclear security force established under
subsection (b)(1).
``(2) Fund.--The term `Fund' means the Nuclear Security
Fund established under subsection (e).
``(3) Qualification standard.--The term `qualification
standard' means a qualification standard established under
subsection (d)(2)(A).
``(4) Security plan.--The term `security plan' means a
security plan developed under subsection (b)(2).
``(b) Nuclear Security.--The Commission shall--
``(1) establish a nuclear security force, the members of
which shall be employees of the Commission, to provide for the
security of all sensitive nuclear facilities against the design
basis threat; and
``(2) develop and implement a security plan for each
sensitive nuclear facility to ensure the security of all
sensitive nuclear facilities against the design basis threat.
``(c) Security Plans.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Commission shall develop a
security plan for each sensitive nuclear facility to ensure the
protection of each sensitive nuclear facility against the
design basis threat.
``(2) Elements of the plan.--A security plan shall
prescribe--
``(A) the deployment of the nuclear security force,
including--
``(i) numbers of the members of the nuclear
security force at each sensitive nuclear
facility;
``(ii) tactics of the members of the
nuclear security force at each sensitive
nuclear facility; and
``(iii) capabilities of the members of the
nuclear security force at each sensitive
nuclear facility;
``(B) other protective measures, including--
``(i) designs of critical control systems
at each sensitive nuclear facility;
``(ii) restricted personnel access to each
sensitive nuclear facility;
``(iii) perimeter site security, internal
site security, and fire protection barriers;
``(iv) increases in protection for spent
fuel storage areas;
``(v) placement of spent fuel in dry cask
storage; and
``(vi) background security checks for
employees and prospective employees; and
``(C) a schedule for completing the requirements of
the security plan not later than 18 months after the
date of enactment of this section.
``(3) Additional requirements.--A holder of a license for a
sensitive nuclear facility under section 103 or 104 or the
State or local government in which a sensitive nuclear facility
is located may petition the Commission for additional
requirements in the security plan for the sensitive nuclear
facility.
``(4) Implementation of security plan.--Not later than 270
days after the date of enactment of this section, the
Commission, in consultation with a holder of a license for a
sensitive nuclear facility under section 103 or 104, shall, by
direct action of the Commission or by order requiring action by
the licensee, implement the security plan for the sensitive
nuclear facility in accordance with the schedule under
paragraph (2)(C).
``(5) Sufficiency of security plan.--If at any time the
Commission determines that the implementation of the
requirements of the security plan for a sensitive nuclear
facility is insufficient to ensure the security of the
sensitive nuclear facility against the design basis threat, the
Commission shall immediately submit to Congress and the
President a classified report that--
``(A) identifies the vulnerability of the sensitive
nuclear facility; and
``(B) recommends actions by Federal, State, or
local agencies to eliminate the vulnerability.
``(d) Nuclear Security Force.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this section, the Commission, in consultation
with other Federal agencies, as appropriate, shall establish a
program for the hiring and training of the nuclear security
force.
``(2) Hiring.--
``(A) Qualification standards.--Not later than 30
days after the date of enactment of this section, the
Commission shall establish qualification standards that
individuals shall be required to meet to be hired by
the Commission as members of the nuclear security
force.
``(B) Examination.--The Commission shall develop
and administer a nuclear security force personnel
examination for use in determining the qualification of
individuals seeking employment as members of the
nuclear security force.
``(C) Criminal and security background checks.--The
Commission shall require that an individual to be hired
as a member of the nuclear security force undergo a
criminal and security background check.
``(D) Disqualification of individuals who present
national security risks.--The Commission, in
consultation with the heads of other Federal agencies,
as appropriate, shall establish procedures, in addition
to any background check conducted under subparagraph
(B), to ensure that no individual who presents a threat
to national security is employed as a member of the
nuclear security force.
``(3) Annual proficiency review.--
``(A) In general.--The Commission shall provide
that an annual evaluation of each member of the nuclear
security force is conducted and documented.
``(B) Requirements for continuation.--An individual
employed as a member of the nuclear security force may
not continue to be employed in that capacity unless the
evaluation under subparagraph (A) demonstrates that the
individual--
``(i) continues to meet all qualification
standards;
``(ii) has a satisfactory record of
performance and attention to duty; and
``(iii) has the knowledge and skills
necessary to vigilantly and effectively provide
for the security of a sensitive nuclear
facility against the design basis threat.
``(4) Training.--
``(A) In general.--The Commission shall provide for
the training of each member of the nuclear security
force to ensure each member has the knowledge and
skills necessary to provide for the security of a
sensitive nuclear facility against the design basis
threat.
``(B) Training plan.--Not later than 60 days after
the date of enactment of this section, the Commission
shall develop a plan for the training of members of the
nuclear security force.
``(C) Use of other agencies.--The Commission may
enter into a memorandum of understanding or other
arrangement with any other Federal agency with
appropriate law enforcement responsibilities, to
provide personnel, resources, or other forms of
assistance in the training of members of the nuclear
security force.
``(e) Nuclear Security Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund to be known as the `Nuclear
Security Fund', which shall be used by the Commission to
administer programs under this section to provide for the
security of sensitive nuclear facilities.
``(2) Deposits in the fund.--The Commission shall deposit
in the Fund--
``(A) the amount of fees collected under paragraph
(5); and
``(B) amounts appropriated under subsection (f).
``(3) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals. Investments may be made only
in interest-bearing obligations of the United States.
``(B) Acquisition of obligations.--For the purpose
of investments under subparagraph (A), obligations may
be acquired--
``(i) on original issue at the issue price;
or
``(ii) by purchase of outstanding
obligations at the market price.
``(C) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
``(D) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
``(4) Use of amounts in the fund.--The Commission shall use
amounts in the Fund to pay the costs of--
``(A) salaries, training, and other expenses of the
nuclear security force; and
``(B) developing and implementing security plans.
``(5) Fee.--To ensure that adequate amounts are available
to provide assistance under paragraph (4), the Commission shall
assess licensees a fee in an amount determined by the
Commission.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(b) Implementation.--The Commission shall complete the full
implementation of the amendment made by subsection (a) as soon as
practicable after the date of enactment of this Act, but in no event
later than 270 days after the date of enactment of this Act.
(c) Technical and Conforming Amendment.--The table of contents for
chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is
amended by adding at the end the following:
``170B. Uranium supply.
``170C. Protection of sensitive nuclear facilities against the design
basis threat.''. | Nuclear Security Act of 2003 - Amends the Atomic Energy Act of 1954 to instruct the Nuclear Regulatory Commission (NRC) to: (1) establish a nuclear security force composed of NRC employees to provide for the security of all sensitive nuclear facilities against design basis threat; and (2) develop and implement a security plan containing specified elements for each sensitive nuclear facility to ensure the security of all sensitive nuclear facilities against such threat.
Authorizes a holder of a license for a sensitive nuclear facility to petition the Commission for additional requirements in the security plan for such facility.
Requires the NRC to establish a hiring and training program for the nuclear security force.
Establishes the Nuclear Security Fund for use by the Commission to administer the security programs for sensitive nuclear facilities. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Espionage Statutes Modernization
Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As of 2010, the statutory framework with respect to the
espionage statutes is a compilation of statutes that began with
Act of June 15, 1917 (40 Stat. 217, chapter 30) (commonly known
as the ``Espionage Act of 1917''), which targeted classic
espionage cases involving persons working on behalf of foreign
nations.
(2) The statutory framework was formed at a time when
intelligence and national security information existed
primarily in a tangible form, such as blueprints, photographs,
maps, and other documents.
(3) Since 1917, the United States has witnessed dramatic
changes in intelligence and national security information,
including technological advances that have revolutionized
information gathering abilities as well as the mediums used to
communicate such information.
(4) Some of the terms used in the espionage statutes are
obsolete and the statutes do not fully take into account the
classification levels that apply to national security
information in the 21st century.
(5) In addition, the statutory framework was originally
designed to address classic espionage cases involving persons
working on behalf of foreign nations. However, the national
security of the United States could be harmed, and lives may be
put at risk, when a Government officer, employee, contractor,
or consultant with access to classified information makes an
unauthorized disclosure of the classified information,
irrespective of whether the Government officer, employee,
contractor, or consultant intended to aid a foreign nation or
harm the United States.
(6) Federal whistleblower protection statutes and
regulations that enable Government officers, employees,
contractors, and consultants to report unlawful and improper
conduct are appropriate mechanisms for reporting such conduct.
(7) Congress can deter unauthorized disclosures of
classified information and thereby protect the national
security by--
(A) enacting laws that improve, modernize, and
clarify the espionage statutes and make the espionage
statutes more relevant and effective in the 21st
century in the prosecution of persons working on behalf
of foreign powers;
(B) promoting Federal whistleblower protection
statutes and regulations to enable Government officers,
employees, contractors, or consultants to report
unlawful and improper conduct; and
(C) enacting laws that separately punish the
unauthorized disclosure of classified information by
Government officers, employees, contractors, or
consultants who knowingly and intentionally violate a
classified information nondisclosure agreement,
irrespective of whether the officers, employees,
contractors, or consultants intend to aid a foreign
power or harm the United States.
SEC. 3. CRIMES.
(a) In General.--Chapter 37 of title 18, United States Code, is
amended--
(1) in section 793--
(A) in the section heading, by striking ``or losing
defense information'' and inserting ``or, losing
national security information'';
(B) by striking ``the national defense'' each place
it appears and inserting ``national security'';
(C) by striking ``foreign nation'' each place it
appears and inserting ``foreign power'';
(D) in subsection (b), by inserting ``classified
information, or other'' before ``sketch'';
(E) in subsection (c), by inserting ``classified
information, or other'' before ``document'';
(F) in subsection (d), by inserting ``classified
information, or other'' before ``document'';
(G) in subsection (e), by inserting ``classified
information, or other'' before ``document'';
(H) in subsection (f), by inserting ``classified
information,'' before ``document''; and
(I) in subsection (h)(1), by striking ``foreign
government'' and inserting ``foreign power'';
(2) in section 794--
(A) in the section heading, by striking
``Gathering'' and all that follows and inserting
``Gathering or delivering national security information
to aid foreign powers''; and
(B) in subsection (a)--
(i) by striking ``foreign nation'' and
inserting ``foreign power'';
(ii) by striking ``foreign government'' and
inserting ``foreign power'';
(iii) by inserting ``classified
information,'' before ``document'';
(iv) by striking ``the national defense''
and inserting ``national security''; and
(v) by striking ``(as defined in section
101(a) of the Foreign Intelligence Surveillance
Act of 1978)'';
(3) in section 795(a), by striking ``national defense'' and
inserting ``national security'';
(4) in section 798--
(A) in subsection (a), by striking ``foreign
government'' each place it appears and inserting
``foreign power''; and
(B) in subsection (b)--
(i) by striking the first undesignated
paragraph (relating to the term ``classified
information''); and
(ii) by striking the third undesignated
paragraph (relating to the term ``foreign
government''); and
(5) by adding at the end the following:
``Sec. 800. Definitions
``In this chapter--
``(1) the term `classified information' has the meaning
given the term in section 1 of the Classified Information
Procedures Act (18 U.S.C. App.);
``(2) the term `foreign power' has the meaning given the
term in section 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801); and
``(3) the term `national security' has the meaning given
the term in section 1 of the Classified Information Procedures
Act (18 U.S.C. App.).''.
(b) Technical and Conforming Amendment.--The table of section for
chapter 37 of title 18, United States Code, is amended--
(1) by striking the item relating to section 793 and
inserting the following:
``793. Gathering, transmitting, or losing national security
information.'';
(2) by striking the item relating to section 794 and
inserting the following:
``794. Gathering or delivering national security information to aid
foreign powers.'';
and
(3) by adding at the end the following:
``800. Definitions.''.
SEC. 4. VIOLATION OF CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT.
(a) In General.--Chapter 93 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1925. Violation of classified information nondisclosure
agreement
``(a) Definitions.--In this section--
``(1) the term `classified information' has the meaning
given the term in section 1 of the Classified Information
Procedures Act (18 U.S.C. App.); and
``(2) the term `covered individual' means an officer,
employee, contractor, or consultant of an agency of the Federal
Government who, by virtue of the office, employment, position,
or contract held by the individual, knowingly and intentionally
agrees to be legally bound by the terms of a classified
information nondisclosure agreement.
``(b) Offense.--
``(1) In general.--Except as otherwise provided in this
section, it shall be unlawful for a covered individual to
intentionally disclose, deliver, communicate, or transmit
classified information, without the authorization of the head
of the Federal agency, or an authorized designee, knowing or
having reason to know that the disclosure, delivery,
communication, or transmission of the classified information is
a violation of the terms of the classified information
nondisclosure agreement entered by the covered individual.
``(2) Penalty.--A covered individual who violates paragraph
(1) shall be fined under this title, imprisoned for not more
than 5 years, or both.
``(c) Whistleblower Protection.--The disclosure, delivery,
communication, or transmission of classified information by a covered
individual in accordance with a Federal whistleblower protection
statute or regulation applicable to the Federal agency of which the
covered individual is an officer, employee, contractor, or consultant
shall not be a violation of subsection (b)(1).
``(d) Rebuttable Presumption.--For purposes of this section, there
shall be a rebuttable presumption that information has been properly
classified if the information has been marked as classified information
in accordance with Executive Order 12958 (60 Fed. Reg. 19825) or a
successor or predecessor to the order.
``(e) Defense of Improper Classification.--The disclosure,
delivery, communication, or transmission of classified information by a
covered individual shall not violate subsection (b)(1) if the covered
individual proves by clear and convincing evidence that at the time the
information was originally classified, no reasonable person with
original classification authority under Executive Order 13292 (68 Fed.
Reg. 15315), or any successor order, could have identified or described
any damage to national security that reasonably could be expected to be
caused by the unauthorized disclosure of the information.
``(f) Extraterritorial Jurisdiction.--There is jurisdiction over an
offense under this section if--
``(1) the offense occurs in whole or in part within the
United States;
``(2) regardless of where the offense is committed, the
alleged offender is--
``(A) a national of the United States (as defined
in section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)));
``(B) an alien lawfully admitted for permanent
residence in the United States (as defined in section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a))); or
``(C) a stateless person whose habitual residence
is in the United States;
``(3) after the offense occurs, the offender is brought
into or found in the United States, even if the conduct
required for the offense occurs outside the United States; or
``(4) an offender aids or abets or conspires with any
person over whom jurisdiction exists under this paragraph in
committing an offense under subsection (b)(1).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 93 of title 18, United States Code, is amended by adding at the
end the following:
``1925. Violation of classified information nondisclosure agreement.''.
SEC. 5. DIRECTIVE TO SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission, shall review and, if appropriate,
amend the Federal Sentencing Guidelines and policy statements
applicable to a person convicted of an offense under section 1925 of
title 18, United States Code, as added by this Act.
(b) Considerations.--In carrying out this section, the Sentencing
Commission shall ensure that the sentencing guidelines account for all
relevant conduct, including--
(1) multiple instances of unauthorized disclosure,
delivery, communication, or transmission of the classified
information;
(2) the volume of the classified information that was
disclosed, delivered, communicated, or transmitted;
(3) the classification level of the classified information;
(4) the harm to the national security of the United States
that reasonably could be expected to be caused by the
disclosure, delivery, communication, or transmission of the
classified information; and
(5) the nature and manner in which the classified
information was disclosed, delivered, communicated, or
transmitted. | Espionage Statutes Modernization Act of 2010 - Amends the federal criminal code to impose a fine and/or prison term of up to five years on a covered individual who intentionally discloses, delivers, communicates, or transmits classified information, without authorization, knowing or having reason to know that such action is a violation of the terms of the classified information nondisclosure agreement entered into by such individual. Defines "covered individual" as an officer, employee, contractor, or consultant of a federal agency who agrees to be legally bound by the terms of a classified information nondisclosure agreement. Exempts from such prohibition disclosures made in accordance with a federal whistleblower protection statute or regulation.
Directs the United States Sentencing Commission to review and, if appropriate, amend federal sentencing guidelines and policy statements applicable to a person convicted of an offense under this Act. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Unemployment Compensation
Amendments of 1993''.
SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM.
(a) General Rule.--Sections 102(f)(1) and 106(a)(2) of the
Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as
amended) are each amended by striking ``March 6, 1993'' and inserting
``October 2, 1993''.
(b) Modification to Final Phase-Out.--Paragraph (2) of section
102(f) of such Act is amended--
(1) by striking ``March 6, 1993'' and inserting ``October
2, 1993'', and
(2) by striking ``June 19, 1993'' and inserting ``January
15, 1994''.
(c) Conforming Amendment.--Paragraph (1) of section 101(e) of such
Act is amended by striking ``March 6, 1993'' each place it appears and
inserting ``October 2, 1993''.
(d) Effective Date.--The amendments made by this section shall
apply to weeks beginning after
March 6, 1993.
SEC. 3. TREATMENT OF RAILROAD WORKERS.
(a) Extension of Program.--
(1) In general.--Paragraphs (1) and (2) of section 501(b)
of the Emergency Unemployment Compensation Act of 1991 (Public
Law 102-164, as amended) are each amended by striking ``March
6, 1993'' and inserting ``October 2, 1993''.
(2) Conforming amendment.--Section 501(a) of such Act is
amended by striking ``March 1993'' and inserting ``October
1993''.
(b) Termination of Benefits.--Section 501(e) of such Act is
amended--
(1) by striking ``March 6, 1993'' and inserting ``October
2, 1993'', and
(2) by striking ``June 19, 1993'' and inserting ``January
15, 1994''.
(c) Effective Date.--The amendments made by this section shall
apply to weeks beginning after
March 6, 1993.
SEC. 4. PROFILING OF NEW CLAIMANTS.
(a) General Rule.--The Secretary of Labor shall establish a program
for encouraging the adoption and implementation by all States of a
system of profiling all new claimants for regular unemployment
compensation (including new claimants under each State unemployment
compensation law which is approved under the Federal Unemployment Tax
Act (26 U.S.C. 3301-3311) and new claimants under Federal unemployment
benefit and allowance programs administered by the State under
agreements with the Secretary of Labor), to determine which claimants
may be likely to exhaust regular unemployment compensation and may need
reemployment assistance services to make a successful transition to new
employment.
(b) Technical Assistance to States.--The Secretary of Labor shall
provide technical assistance and advice to the States in the
development of model profiling systems and the procedures for such
systems. Such technical assistance and advice shall be provided by the
utilization of such resources as the -s-e-c-r-e-t-a-r-y Secretary deems
appropriate, and the procedures for such profiling systems shall
include the effective utilization of automated data processing.
(c) Funding of Activities.--For purposes of encouraging the
development and establishment of model profiling systems in the States,
the Secretary of Labor shall provide to each State, from funds
available for this purpose, such funds as may be determined by the
Secretary to be necessary.
(d) Report to Congress.--Within 30 months after the date of the
enactment of this Act, the Secretary of Labor shall report to the
Congress on the operation and effectiveness of the profiling systems
adopted by the States, and the Secretary's recommendation for
continuation of the systems and any appropriate legislation.
(e) State.--For purposes of this section, the term ``State'' has
the meaning given such term by section 3306(j)(1) of the Internal
Revenue Code of 1986.
(f) Effective Date.--The provisions of this section shall take
effect on the date of the enactment of this Act.
-S-E-C-. -5-. -A-U-T-H-O-R-I-Z-A-T-I-O-N -O-F
-A-P-P-R-O-P-R-I-A-T-I-O-N-S-.
-T-h-e-r-e -a-r-e -a-u-t-h-o-r-i-z-e-d -t-o -b-e
-a-p-p-r-o-p-r-i-a-t-e-d -f-o-r -n-o-n-r-e-p-a-y-a-b-l-e
-a-d-v-a-n-c-e-s -t-o -t-h-e -a-c-c-o-u-n-t -f-o-r -`-`-A-d-v-a-n-c-e-s
-t-o -t-h-e -U-n-e-m-p-l-o-y-m-e-n-t -T-r-u-s-t -F-u-n-d -a-n-d
-O-t-h-e-r -F-u-n-d-s-'-' -i-n -t-h-e -D-e-p-a-r-t-m-e-n-t -o-f
-L-a-b-o-r -a-p-p-r-o-p-r-i-a-t-i-o-n-s -A-c-t-s -(-f-o-r
-t-r-a-n-s-f-e-r -t-o -t-h-e -`-`-e-x-t-e-n-d-e-d
-u-n-e-m-p-l-o-y-m-e-n-t -c-o-m-p-e-n-s-a-t-i-o-n -a-c-c-o-u-n-t-'-'
-e-s-t-a-b-l-i-s-h-e-d -b-y -s-e-c-t-i-o-n -9-0-5 -o-f -t-h-e
-S-o-c-i-a-l -S-e-c-u-r-i-t-y -A-c-t-) -s-u-c-h -s-u-m-s -a-s -m-a-y
-b-e -n-e-c-e-s-s-a-r-y -t-o -c-a-r-r-y -o-u-t -t-h-e -p-u-r-p-o-s-e-s
-o-f -t-h-e -a-m-e-n-d-m-e-n-t-s -m-a-d-e -b-y -s-e-c-t-i-o-n -2
-t-h-i-s -A-c-t-.
SEC. 5. FINANCING PROVISIONS.
(a) Authorization.--There are authorized to be appropriated for
nonrepayable advances to the account for ``Advances to the Unemployment
Trust Fund and Other Funds'' in Department of Labor Appropriations Acts
(for transfer to the ``extended unemployment compensation account''
established by section 905 of the Social Security Act) such sums as may
be necessary to make payments to the States to carry out the purposes
of the amendments made by section 2 of this Act.
(b) Use of Advance Account Funds.--The funds appropriated to the
account for ``Advances to the Unemployment Trust Fund and Other Funds''
in the Department of Labor Appropriation Act for Fiscal Year 1993
(Public Law 102-394) are authorized to be used to make payments to the
States to carry out the purposes of the amendments made by section 2 of
this Act.
SEC. 6. EMERGENCY DESIGNATION.
Pursuant to sections 251(b)(2)(D)(i) and 252(e) of the Balanced
Budget and Emergency Deficit Control Act of 1985, the Congress hereby
designates all direct spending amounts provided by this Act (for all
fiscal years) and all appropriations authorized by this Act (for all
fiscal years) as emergency requirements within the meaning of part C of
the Balanced Budget and Emergency Deficit Control Act of 1985. | Emergency Unemployment Compensation Amendments of 1993 - Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) to extend the authorization for new claims for benefits under the emergency unemployment compensation (EUC) program to October 2, 1993 (currently March 6, 1993). Modifies the final phase-out period for continuation of claims to end it on January 15, 1994 (currently June 19, 1993).
Provides for a similar extension of the program of temporary extended railroad unemployment insurance benefits (and modification of the phase-out period).
Directs the Secretary of Labor to establish a program to encourage all States to adopt and implement a system (including automated data processing) for profiling all new claimants for regular unemployment compensation, to determine which claimants may be likely to exhaust such compensation and need reemployment assistance services. Requires provision of such technical assistance, advice, and funding to States for model profiling systems as the Secretary deems appropriate and necessary. Requires the Secretary to report, with recommendations, to the Congress on such systems within 30 months after enactment of this Act.
Authorizes appropriations and the use of advance account funds to carry out the extension of the EUC program. Designates all direct spending amounts provided and all appropriations authorized by this Act as emergency requirements for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Eliminates a cost of living adjustment relating to the pay for Members of Congress for 1994. | [
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] |
SECTION 1. CHILD WELFARE SERVICES.
Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is
amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) provide that--
``(A) the State shall not require any parent or
legal guardian to transfer custody of a child in order
to have the child placed outside the home of the parent
or legal guardian, if the sole reason for the placement
is the need to obtain services provided under the plan
for the child's emotional, behavioral, or mental
disorder or developmental or physical disability;
``(B) any such placement of a child shall be made
pursuant to a voluntary placement agreement (as defined
in section 472(f)(2));
``(C) the State shall have responsibility for the
placement of any child subject to a voluntary placement
agreement (as so defined), and for the care of any
child so placed; and
``(D) the State shall apply procedural safeguards
to assure each child so placed of dispositional
hearings of the type, and at the times, specified in
section 475(5)(C).''.
SEC. 2. FAMILY PRESERVATION AND SUPPORT SERVICES.
(a) In General.--Section 432(a) of the Social Security Act (42
U.S.C. 632(a)) is amended by redesignating paragraphs (6), (7), and (8)
as paragraphs (7), (8), and (9), respectively, and by inserting after
paragraph (5) the following:
``(6) provides that--
``(A) the State shall not require any parent or
legal guardian to transfer custody of a child in order
to have the child placed outside the home of the parent
or legal guardian, if the sole reason for the placement
is the need to obtain services provided through the
State program under this subpart for the child's
emotional, behavioral, or mental disorder or
developmental or physical disability;
``(B) any such placement of a child shall be made
pursuant to a voluntary placement agreement (as defined
in section 472(f)(2)); and
``(C) the State shall have responsibility for the
placement of any child subject to a voluntary placement
agreement (as so defined), and for the care of any
child so placed; and
``(D) the State shall apply procedural safeguards
to assure each child so placed of dispositional
hearings of the type, and at the times, specified in
section 475(5)(C);''.
(b) Conforming Amendment.--Section 432(b)(2)(A) of such Act (42
U.S.C. 632(b)(2)(A)) is amended by inserting ``(other than of
subsection (a)(6))'' after ``this section''.
SEC. 3. FOSTER CARE MAINTENANCE PAYMENTS.
(a) In General.--Section 471(a) of the Social Security Act (42
U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (16);
(2) by striking the period at the end of paragraph (17) and
inserting ``; and''; and
(3) by adding at the end the following:
``(18) provides that--
``(A) the State shall not require any parent or
legal guardian to transfer custody of a child in order
to have the child placed outside the home of the parent
or legal guardian, if the sole reason for the placement
is the need to obtain foster care maintenance payments
for the child;
``(B) any such placement of a child shall be made
pursuant to a voluntary placement agreement; and
``(C) the State shall have responsibility for the
placement of any child subject to a voluntary placement
agreement, and for the care of any child so placed.''.
(b) Modification of Voluntary Placement Agreements.--Section
472(f)(2) of such Act (42 U.S.C. 672(f)(2)) is amended--
(1) by inserting ``legal'' before ``guardians'' each place
such term appears; and
(2) by inserting ``, and which does not transfer legal
custody of the child to the State'' before the period.
(c) Rule of Construction.--Section 474 of such Act (42 U.S.C. 674)
is amended by adding at the end the following:
``(d) The provisions of this part, individually or in combination,
shall not be construed to require a State to have legal custody of a
child in order to receive payments under this part for services
provided for the child outside the child's home.''.
SEC. 4. MATERNAL AND CHILD HEALTH SERVICES.
Section 505(a) of the Social Security Act (42 U.S.C. 705(a)) is
amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following
paragraph:
``(6) provides that--
``(A) the State shall not require any parent or
legal guardian to transfer custody of a child in order
to have the child placed outside the home of the parent
or legal guardian, if the sole reason for the placement
is the need to obtain services provided through the
State under this title for the child's emotional,
behavioral, or mental disorder or developmental or
physical disability;
``(B) any such placement of a child shall be made
pursuant to a voluntary placement agreement (as defined
in section 472(f)(2));
``(C) the State shall have responsibility for the
placement of any child subject to a voluntary placement
agreement (as so defined), and for the care of any
child so placed; and
``(D) the State shall apply procedural safeguards
to assure each child so placed of dispositional
hearings of the type, and at the times, specified in
section 475(5)(C).''.
SEC. 5. MEDICAID.
Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (61);
(2) by striking the period at the end of paragraph (62) and
inserting ``; and''; and
(3) by inserting after paragraph (62) the following new
paragraph:
``(63) provide that the State agency shall provide
assurances satisfactory to the Secretary that--
``(A) the State does not require any parent or
legal guardian to transfer custody of a child in order
to have the child placed outside the home of the parent
or legal guardian, if the sole reason for the placement
is the need to obtain medical assistance for the child
under the State plan for the child's emotional,
behavioral, or mental disorder or developmental or
physical disability;
``(B) any such placement of a child shall be made
pursuant to a voluntary placement agreement (as defined
in section 472(f)(2));
``(C) the State shall have responsibility for the
placement of any child subject to a voluntary placement
agreement (as so defined), and for the care of any
child so placed; and
``(D) the State shall apply procedural safeguards
to assure each child so placed of dispositional
hearings of the type, and at the times, specified in
section 475(5)(C).''.
SEC. 6. SOCIAL SERVICES.
Title XX of the Social Security Act (42 U.S.C. 1397-1397f) is
amended by adding at the end the following:
``SEC. 2008. PROHIBITION AGAINST REQUIRING PARENTS TO SURRENDER CUSTODY
OF THEIR CHILDREN IN ORDER TO OBTAIN SERVICES FOR SUCH
CHILDREN.
``The Secretary shall not make any payment to a State under this
title if the State does not have in effect laws and procedures which--
``(1) prevent the State from requiring any parent or legal
guardian to transfer custody of a child in order to have the
child placed outside the home of the parent or legal guardian,
if the sole reason for the placement is the need to obtain any
service for the child for the child's emotional, behavioral, or
mental disorder or developmental or physical disability, which
is furnished in whole or in part through the use of funds
provided under this title;
``(2) any such placement of a child shall be made pursuant
to a voluntary placement agreement (as defined in section
472(f)(2));
``(3) the State shall have responsibility for the placement
of any child subject to a voluntary placement agreement (as so
defined), and for the care of any child so placed; and
``(4) the State shall apply procedural safeguards to assure
each child so placed of dispositional hearings of the type, and
at the times, specified in section 475(5)(C).''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
1995. | Amends the Social Security Act to prohibit States from requiring parents or legal guardians to transfer legal custody of their children for the sole purpose of obtaining public services for such children under certain provisions for: (1) child welfare services; (2) family preservation and support services; (3) foster care maintenance payments; (4) maternal and child health services; (5) Medicaid; and (6) block grants to States for social services. | [
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] |
SECTION 1. COMMISSION ON UROTRAUMA.
(a) Establishment.--In order to continue and expand the study of
urotrauma conducted by the Secretary of Defense in 2011, subject to the
availability of appropriations for such purpose, the Secretary shall
establish a commission to be known as the ``Commission on Urotrauma''
(in this section referred to as the ``Commission'').
(b) Consultation.--In carrying out this section, the Secretary of
Defense shall consult with the Secretary of Veterans Affairs and the
Secretary of Health and Human Services.
(c) Duties.--The Commission shall conduct a study on urotrauma
among members of the Armed Forces and veterans, including--
(1) an analysis of the incidence, duration, morbidity rate,
and mortality rate of urotrauma;
(2) an analysis of the social and economic costs and
effects of urotrauma;
(3) with respect to the Department of Defense and
Department of Veterans Affairs, an evaluation of the
facilities, access to private facilities, resources, personnel,
and research activities that are related to the diagnosis,
prevention, and treatment of urotrauma;
(4) an evaluation of programs (including such biological,
behavioral, environmental, and social programs) that improve
the prevention or treatment of urotrauma;
(5) a long-term plan for the use and organization of the
resources of the Federal Government to improve the prevention
and treatment of urotrauma; and
(6) updates to any study on urotrauma conducted by the
Secretary of Defense in 2011.
(d) Membership.--
(1) Appointed members.--In addition to the ex officio
members described in paragraph (2), the Committee shall be
composed of 19 members as follows:
(A) Sixteen members appointed by the Secretary of
Defense.
(B) One member appointed by the Secretary of Health
and Human Services from among officers or employees of
the National Institute of Diabetes and Digestive and
Kidney Diseases whose primary interest is in the field
of urotrauma.
(C) The Chief of the Department of Surgery of
Walter Reed National Military Medical Center.
(D) The Chief Medical Director of the Department of
Veterans Affairs.
(2) Ex officio members.--The nonvoting, ex officio members
of the Commission are as follows:
(A) The Surgeon General of the Navy.
(B) The Surgeon General of the Army.
(C) The Surgeon General of the Air Force.
(D) The Medical Officer of the Marine Corps.
(E) The Director of the National Institutes of
Health.
(F) The Director of the National Institute of
Diabetes and Digestive and Kidney Diseases.
(G) The Director of the Division of Kidney,
Urologic, and Hematologic Diseases of the National
Institute of Diabetes and Digestive Kidney Diseases.
(H) The Director of the National Institute of
Biomedical Imaging and Bioengineering.
(3) Qualifications.--In appointing members under paragraph
(1)(A), the Secretary of Defense shall appoint individuals with
experience related to--
(A) studying or researching urotrauma;
(B) preventing or treating urotrauma; or
(C) suffering from urotrauma.
(4) Term.--Each member shall be appointed for the life of
the Commission.
(5) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(6) Pay.--
(A) Except as provided in subparagraph (C), members
of the Commission shall serve without pay.
(B) Except as provided in subparagraph (C), members
of the Commission who are full-time officers or
employees of the United States may not receive
additional pay, allowances, or benefits by reason of
their service on the Commission.
(C) Each member shall receive travel expenses,
including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
(7) Quorum.--A majority of members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(8) Chairperson.--The Secretary of Defense shall designate
a member as the chairperson of the Committee.
(9) Meetings.--The Commission shall meet at the call of the
chairperson.
(e) Staff.--
(1) Director.--The Commission shall have a director who
shall be appointed by the chairperson.
(2) Staff.--Subject to rules prescribed by the Commission,
the chairperson may appoint additional personnel as the
chairperson considers appropriate.
(3) Applicability of certain civil service laws.--The
director and staff of the Commission shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates.
(4) Experts and consultants.--Subject to rules prescribed
by the Commission, the chairperson may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(5) Staff to federal agencies.--Upon request of the
chairperson, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this section.
(f) Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Commission considers appropriate. The Commission may
administer oaths or affirmations to witnesses appearing before
it.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section.
Upon request of the chairperson of the Commission, the head of
that department or agency shall furnish that information to the
Commission.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this section.
(g) Reports.--
(1) Interim report.--Not later than one year after the date
on which the members are appointed under subsection (d)(1), the
Commission shall submit to the appropriate congressional
committees an interim report on the study conducted under
subsection (c).
(2) Final report.--Not later than two years after the date
on which the members are appointed under subsection (d)(1), the
Commission shall submit to the appropriate congressional
committees a final report on the study conducted under
subsection (c), including any recommendations the Commission
considers appropriate to improve the prevention and treatment
of urotrauma among members of the Armed Forces and veterans.
(h) Termination.--The Commission shall terminate on the date that
is 60 days after the date on which the Commission submits the final
report under subsection (g)(2).
(i) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committees on Armed Services of the House
of Representatives and Senate; and
(B) the Committees on Veterans' Affairs of the
House of Representatives and Senate.
(2) The term ``urotrauma'' means injury to the urinary
tract (including the kidneys, ureters, urinary bladder,
urethra, and female and male genitalia) from a penetrating,
blunt, blast, thermal, chemical, or biological cause.
(j) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
to carry out this section $1,000,000 for each of fiscal years
2012 through 2015.
(2) Offset.--The amount otherwise authorized to be
appropriated for operation and maintenance, Defense-wide, for
the Office of the Secretary of Defense for each of fiscal years
2012 through 2015 is reduced by $1,000,000. | Directs the Secretary of Defense (DOD), in order to continue and expand the DOD study conducted in 2011, to establish the Commission on Urotrauma to: (1) conduct a study on urotrauma (injury to the urinary tract from a penetrating, blunt, blast, thermal, chemical, or biological cause) among members of the Armed Forces and veterans; and (2) provide an interim and final report to the congressional defense and veterans committees on such study. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Cancer Care Preservation
Act''.
SEC. 2. MEDICARE PAYMENT FOR DRUGS AND BIOLOGICALS.
(a) In General.--Section 1842(o)(1) of the Social Security Act (42
U.S.C. 1395u(o)(1)) is amended by striking ``95 percent of the average
wholesale price'' and inserting ``the payment amount specified in
section 1834(n)(2)''.
(b) Determination of Payment Amount.--Section 1834 of such Act (42
U.S.C. 1395m) is amended by adding at the end the following new
subsection:
``(n) Payment for Drugs and Biologicals.--
``(1) Reports by manufacturers.--
``(A) In general.--Every drug manufacturer shall
report to the Secretary, in the manner prescribed in
this paragraph, its average sales price (as defined in
subparagraph (B)) in the United States during each
calendar quarter for drugs and biologicals covered
under this part.
``(B) Definitions.--For purposes of this
subsection--
``(i) the term `manufacturer' means, with
respect to a drug or biological, the entity
identified by the Labeler Code portion of the
National Drug Code of such drug or biological;
and
``(ii) the term `average sales price' means
the weighted average of all final sales prices
to all purchasers, excluding sales specified in
subparagraph (C).
In determining such average sales prices, such prices
shall be net of volume discounts, chargebacks, short-
dated product discounts, free goods contingent on
purchases, rebates (other than those made or authorized
under section 1927), and all other price concessions
that result in a reduction of the ultimate cost to the
purchaser.
``(C) Consideration in calculation of average sales
prices.--The calculation of average sales price under
this subsection shall not include--
``(i) prices that are excluded from the
calculation of `best price' under section
1927(c)(1)(C);
``(ii) prices offered to entities that are
considered under subparagraph (B)(i) to be the
manufacturers of the drugs or biologicals
involved;
``(iii) prices offered by a manufacturer to
a hospital, nursing facility, hospice, or
health maintenance organization;
``(iv) prices to governmental entities; and
``(v) nominal prices offered to bona fide
charitable organizations.
``(D) Quarterly reports.--Each manufacturer shall
submit the report required by subparagraph (A) to the
Secretary by electronic means no later than 30 days
after the end of a calendar quarter with respect to
sales that occurred during such quarter. The Secretary
shall prescribe the format and other requirements for
the report.
``(E) Enforcement.--
``(i) Failure to timely report.--The
Secretary may impose a civil monetary penalty
in an amount not to exceed $100,000 on a
manufacturer that fails to provide the
information required under this paragraph on a
timely basis and in the manner required.
``(ii) False information.--For each item of
false information, the Secretary may impose a
civil money penalty in an amount not to exceed
$100,000 on a manufacturer that knowingly
provides false information under this
paragraph.
``(iii) Manner of imposition of civil
monetary penalties.--The provisions in section
1128A (other than subsections (a) and (b))
shall apply to a civil monetary penalty under
this subparagraph in the same manner as such
provisions apply to a penalty or proceeding
under section 1128A(a).
``(F) Confidentiality of information.--
Notwithstanding any other provision of law, information
disclosed by manufacturers under this paragraph is
confidential and shall not be disclosed by the
Secretary in any form other than as specifically
authorized by this subsection.
``(2) Calculation of payment amount.--
``(A) In general.--Except as otherwise provided in
this paragraph, the payment amount for a drug or
biological furnished during a calendar quarter shall be
120 percent of the average sales price of the drug or
biological for the second preceding calendar quarter as
determined under paragraph (1).
``(B) Methodology.--In determining payment amounts
under subparagraph (A), the Secretary may, in the
Secretary's discretion, use either the average sales
price for each drug or biological by specific drug or
biological, or a cumulative average sales price based
on sales data for all versions of a multiple-source
drug that the Secretary, acting through the Food and
Drug Administration, has determined are therapeutically
equivalent (as evidenced by `A' ratings in the
publication Approved Drug Products with Therapeutic
Equivalence Evaluations).
``(C) Increase to reflect additional costs
attributable to state and local taxes.--In the case of
a drug or biological that was subject to a State or
local sales tax or gross receipts tax when administered
or dispensed, the payment amount determined under
subparagraph (A) shall be increased by the amount of
such tax paid with respect to such drug or biological.
``(D) Substitution of higher payment amount.--If a
physician's, supplier's, or any other person's claim
for payment for services under this Act documents that
the price paid for a drug or biological was greater
than the payment amount determined under subparagraph
(A), the actual amount paid shall be substituted for
the payment amount determined under subparagraph (A),
unless the Secretary determines that the actual amount
paid was unreasonable under the circumstances.
``(E) Increase for bad debt and certain other
costs.--Upon the submission of supporting information,
the Secretary shall make an additional payment to a
physician or supplier to cover--
``(i) uncollectible deductibles and
coinsurance due from Medicare beneficiaries
with respect to drugs and biologicals furnished
to such beneficiaries; and
``(ii) costs incurred in procuring and
billing for drugs and biologicals furnished to
Medicare beneficiaries.''.
SEC. 3. MEDICARE PAYMENT FOR DRUG ADMINISTRATION SERVICES.
(a) General.--The Secretary of Health and Human Services (hereafter
in this Act referred to as ``the Secretary'') shall revise the practice
expense relative value units for drug administration services for years
beginning with the year 2005 in accordance with this section. For
purposes of this section, ``drug administration services'' includes
chemotherapy administration services, therapeutic and diagnostic
infusions and injections, and such other services as the Secretary
specifies.
(b) Direct Costs Equal to 100 Percent of CPEP Estimates.--Using the
information, including estimates of clinical staff time, developed in
the clinical practice expert panel process, including refinements by
American Medical Association committees, the Secretary shall estimate
the costs of the nursing and other clinical staff, supplies, and
procedure-specific equipment (exceeding a cost specified by the
Secretary) used in furnishing each type of drug administration service.
The Secretary shall utilize without revision the minutes of clinical
staff time determined in such process. The Secretary shall convert the
information from such process to estimated costs by applying the most
current available data on staff salary, supply, and equipment costs,
and such costs shall be updated to 2005 based on estimated changes in
prices since the date of such data.
(c) Total Practice Expenses.--The Secretary shall estimate the
total practice expenses of each drug administration service by assuming
that the direct costs for the service determined under subsection (b)
are 33.2 percent of such total practice expenses.
(d) Conversion to Relative Value Units.--The Secretary shall
convert the total practice expenses determined under subsection (c) to
practice expense relative value units for each drug administration
service by dividing such expenses by the conversion factor that will be
in effect for the physician fee schedule for 2005. The relative value
units as so determined shall be used in determining the fee schedule
amounts paid for drug administration services under section 1848 of the
Social Security Act (42 U.S.C. 1395w-4).
(e) Updates.--For years after 2005, the relative values determined
under subsection (d) shall continue in effect except that the Secretary
shall revise them as necessary to maintain their accuracy, provided
that such revisions are consistent with the methodology set forth in
this section.
(f) Multiple Pushes.--In establishing the payment amounts under
this section, the Secretary shall establish the payment amount for
intravenous chemotherapy administration by push technique based on the
administration of a single drug. The Secretary shall make the same
payment for each additional drug administered by push technique during
the same encounter, except to the extent that the Secretary finds that
the cost of administering additional drugs is less than the cost of
administering the first drug.
SEC. 4. PAYMENTS FOR CHEMOTHERAPY SUPPORT SERVICES.
(a) General.--Beginning in the year 2005, the Secretary shall
recognize and make payments under section 1848 of the Social Security
Act (42 U.S.C. 1395w-4) for chemotherapy support services furnished
incident to physicians' services. For the purposes of this section,
``chemotherapy support services'' are services furnished by the staff
of physicians to patients undergoing treatment for cancer that were not
included in the computation of clinical staff costs under section 3(b).
Such services include social worker services, nutrition counseling,
psychosocial services, and similar services.
(b) Direct Costs.--The Secretary shall estimate the cost of the
salary and benefits of staff furnishing chemotherapy support services
as they are provided in oncology practices that furnish these services
to cancer patients in a manner that is considered to be high quality
care. The estimate shall be based on the weekly cost of such services
per patient receiving chemotherapy.
(c) Total Costs.--The Secretary shall estimate the total practice
expenses of chemotherapy support services by assuming that the direct
costs for the service determined under subsection (b) are 33.2 percent
of such total practice expenses.
(d) Conversion to Relative Value Units.--The Secretary shall
convert the total practice expenses determined under subsection (c) to
practice expense relative value units for chemotherapy support services
by dividing such expenses by the conversion factor that will be in
effect for the physician fee schedule for 2005. The relative value
units as so determined shall be used in determining the fee schedule
amounts paid for chemotherapy support services under such section 1848.
(e) Updates.--For the years after 2005, the relative values
determined under subsection (d) shall continue in effect except that
the Secretary shall revise them as necessary to maintain their
accuracy, provided that such revisions are consistent with the
methodology set forth in this section.
SEC. 5. CANCER THERAPY MANAGEMENT SERVICES.
The Secretary shall recognize and establish a payment amount for
the service of cancer therapy management to account for the greater
pre-service and post-service work associated with visits and
consultations conducted by physicians treating cancer patients compared
to typical visits and consultations. The payment amount may vary by the
level and type of the related visit or consultation.
SEC. 6. OTHER SERVICES WITHOUT PHYSICIAN WORK RELATIVE VALUE UNITS.
The Secretary shall develop a revised methodology for determining
the payment amounts for services that are paid under the fee schedule
established by section 1848 of the Social Security Act (42 U.S.C.
1395w-4) and that do not have physician work relative value units,
including radiation oncology services. Such methodology shall result in
payment amounts that fully cover the costs of furnishing such services.
Until such time as the methodology for such services is revised and
implemented, all such services shall be protected from further payment
cuts due to factors such as shifts in utilization or removal of any one
specialty's services that are paid under the fee schedule established
by such section 1848 and that do not have physician work relative value
units.
SEC. 7. PHYSICIAN SUPERVISION OF SERVICES.
Section 1834 of the Social Security Act (42 U.S.C. 1395m), as
amended by section 2, is further amended by adding at the end the
following new subsection:
``(o) Supervision Requirements.--If the Secretary requires direct
supervision of a service by a physician, that supervision requirement
may be fulfilled by one or more physicians other than the physician who
ordered the service. If the supervising physician is different from the
ordering physician for a particular service, the ordering physician may
nevertheless bill for such service provided that the medical records
for the service involved identify the supervising physician or
physicians.''.
SEC. 8. REPORT TO CONGRESS.
No later than April 1, 2004, the Secretary shall submit to Congress
a report on the payment amounts that are projected to be adopted under
sections 2, 3, 4, and 5 of this Act.
SEC. 9. INSTITUTE OF MEDICINE STUDY.
(a) General.--The Secretary of Health and Human Services shall
request the Institute of Medicine to conduct the study described in
this section.
(b) Baseline Study.--The first phase of the study shall include the
following objectives:
(1) An assessment of the extent to which the current
Medicare payment system, prior to implementation of the
amendments made by this Act, facilitates appropriate access to
care by cancer patients in the various treatment settings.
(2) The identification of the comprehensive range of
services furnished to cancer patients in the outpatient
setting, including support services such as psychosocial
services and counseling, and recommendations regarding the
types of services that ought to be furnished to Medicare
patients with cancer.
(3) A discussion of the practice standards necessary to
assure the safe provision of services to cancer patients.
(4) An analysis of the extent to which the current Medicare
payment system supports the role of nurses in the provision of
oncology services and recommendations for any necessary
improvements in the payment system in that respect.
(5) The development of a framework for assessing how the
amendments made by this act affect the provision of care to
Medicare patients with cancer in the various treatment
settings.
(c) Second Phase of Study.--After the implementation of the
amendments made by this Act, the study shall determine whether and how
those amendments affected the provision of care to Medicare patients
with cancer.
(d) Consultation.--The Institute of Medicine shall consult with the
National Cancer Policy Board and organizations representing cancer
patients and survivors, oncologists, oncology nurses, social workers,
cancer centers, and other healthcare professionals who treat cancer
patients in planning and carrying out this study.
(e) Due Dates.--
(1) The study required by subsection (b) shall be submitted
to the Congress and the Secretary of Health and Human Services
no later than June 30, 2004.
(2) The study required by subsection (c) shall be submitted
to the Congress and the Secretary of Health and Human Services
no later than December 31, 2006.
SEC. 10. EFFECTIVE DATES.
(a) General.--Except as provided in this section, the provisions of
this Act shall apply to drugs, biologicals, and services furnished on
or after January 1, 2005.
(b) Reports From Manufacturers.--The first report by manufacturers
required by the provisions of section 2 shall be submitted no later
than October 30, 2004, with respect to sales that occurred in the
quarter ending September 30, 2004.
(c) Supervision of Services.--The amendment made by section 7 shall
be effective upon enactment.
(d) Services Other Than Drug Administration.--The Secretary shall
implement the requirements of section 6 no later than January 1, 2005. | Quality Cancer Care Preservation Act - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act (SSA) to revise the payment amount for covered drugs and biologicals furnished during a calendar quarter that are not paid on a cost or prospective payment basis. Changes such amount from 95 percent of the average wholesale price to 120 percent of the average sales price of the drug or biological for the second preceding calendar quarter. Requires drug manufacturers to report average sales prices each calendar quarter for covered drugs and biologicals.Directs the Secretary of Health and Human Services to: (1) revise the practice expense relative value units for drug administration services (including chemotherapy administration services) in accordance with this Act to determine the units to be used in determining the fee schedule amounts paid for drug administration services under the Medicare program; (2) recognize and make payments under Medicare for chemotherapy support services furnished incident to physicians' services; (3) recognize and establish a payment amount for the service of cancer therapy management to account for the greater pre-service and post-service work associated with visits and consultations conducted by physicians treating cancer patients compared to typical visits and consultations; and (4) develop a revised methodology for determining the payment amounts for services that are paid under the Medicare fee schedule and that do not have physician work relative value units, including radiation oncology services.Amends SSA title XVIII to provide that if the Secretary requires direct supervision of a service by a physician, that supervision requirement may be fulfilled by one or more physicians other than the physician who ordered the service. | [
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PILOT PROGRAM.
(a) Amendment to Chapter 12 of Title 5.--Chapter 12 of title 5,
United States Code, is amended by adding immediately after section 1206
the following:
``Sec. 1207. Establishment of alternative dispute resolution program
``(a) In General.--
``(1) The Merit Systems Protection Board is authorized to
establish a 3-year program to provide employees and agencies
with alternative dispute resolution processes to apply to
workplace disputes and disagreements involving removals,
suspensions for more than 14 days, and other adverse actions
under section 7512.
``(2) The Board shall test and evaluate a variety of
alternative dispute resolution techniques, which may include--
``(A) settlement judges or attorneys;
``(B) mediation through use of shared neutrals;
``(C) mediation by Merit Systems Protection Board
staff or others as appointed by the Chairman;
``(D) administrative arbitration; and
``(E) certified alternative dispute resolution
counselors (agency personnel specifically trained in
Board law and alternative dispute resolution
techniques).
``(b) Early Intervention Alternative Dispute Resolution.--
``(1) Invoking resolution process.--The Board's early
intervention alternative dispute resolution process may be
invoked after an agency has issued a notice letter of a
proposed action to an employee but before a final decision has
been made under section 7513.
``(2) Early intervention.--Any agency or employee may seek
early intervention alternative dispute resolution from the
Board by filing a request with the Board. If the Board
determines that alternative dispute resolution is appropriate,
the parties shall participate.
``(3) Mandatory resolution.--The Chairman of the Merit
Systems Protection Board is authorized to designate up to 3
agencies with a substantial volume of Board appeals for
participation in a mandatory early intervention alternative
dispute resolution program. Under this alternative dispute
resolution process, all matters appealable under section 7512
shall be subject to early intervention alternative dispute
resolution unless the Board determines that the matter is not
appropriate for the program or a statute or collective
bargaining agreement precludes inclusion of the matter in the
alternative dispute resolution program.
``(c) Alternative Dispute Resolution After an Appeal or Petition
for Review Is Filed.--
``(1) Appeal or petition for review.--Once an appeal or
petition for review is filed with the Board, any employee or
agency may request that a case be selected for alternative
dispute resolution. The request shall be filed with the
administrative judge assigned to the appeal or with the Clerk
of the Board if the matter is before the Board on petition for
review at the same time that the appeal or petition for review
is filed.
``(2) Selection of cases.--The Board shall have sole
authority to select cases for alternative dispute resolution
after an appeal or petition for review is filed. The Board may
also select cases for alternative dispute resolution as it
determines appropriate.
``(d) Implementation.--
``(1) Program duties.--In carrying out the program under
this section, the Board shall--
``(A) develop and prescribe standards for selecting
and handling cases in which alternative dispute
resolution is to be used;
``(B) take such actions as may be necessary,
including waiver of all statutory, regulatory, or Board
imposed adjudicatory time frames; and
``(C) establish a time target within which it
intends to complete the alternative dispute resolution
process.
``(2) Extension.--A party may request an extension of the
alternative dispute resolution period, or the Board may extend
the time period as it finds appropriate.
``(3) Recruitment.--The Chairman of the Merit Systems
Protection Board may recruit and hire temporary staff or
contractors to carry out this section.
``(4) Regulations.--The Board is authorized to prescribe
such regulations as may be necessary to implement the
alternative dispute resolution program.
``(e) Evaluation.--
``(1) Criteria.--The Board's Office of Policy and
Evaluation shall establish criteria for evaluating the
alternative dispute resolution program and prepare a report
containing findings and recommendations as to whether mandatory
alternative dispute resolution is desirable, effective, and
appropriate for cases decided by Federal administrative
agencies under proceedings governed by chapters 5 and 7.
``(2) Report content.--The report shall include--
``(A) the number of cases subject to the
alternative dispute resolution program, the agencies
involved, the results, and the resources expended;
``(B) a comprehensive analysis of the effectiveness
of the program, including whether it is cost-effective;
``(C) a survey of the satisfaction of participants;
and
``(D) a recommendation regarding the desirability
of extending the alternative dispute resolution program
beyond the prescribed expiration date and any
recommended changes.
``(3) Report date.--The report shall be submitted to the
President and the Congress 180 days following the close of the
alternative dispute resolution program.''.
(b) Appropriations.--
(1) In general.--For the purpose of carrying out the
alternative dispute resolution program established by the
amendment made by subsection (a), there are authorized to be
appropriated the following sums: $1,000,000 for fiscal year
2000; $1,000,000 adjusted by the most recent percentage change
in the employment cost index (ECI) for fiscal year 2001; and
$1,000,000 adjusted by the most recent percentage change in the
ECI for fiscal year 2002.
(2) No reductions.--The authorization of appropriations by
paragraph (1) shall not have the effect of reducing any funds
appropriated for the Board for the purpose of carrying out its
statutory mission under section 1204.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect no later than the close of the 60th day after the date of
enactment of appropriations authorized by subsection (b)(1) for fiscal
year 2000 and shall remain in effect for 3 years from the effective
date.
(d) Conforming Amendment.--The table of sections for subchapter I
of chapter 12 of title 5, United States Code, is amended by adding
after the item relating to section 1206 the following new item:
``1207. Establishment of alternative dispute resolution program.''.
SEC. 3. POLICY AND FINDINGS.
(a) Policy.--Chapter 53 of title 5, United States Code, is amended
to establish an MSPB Administrative Judge Pay Schedule and to provide
MSPB administrative judges with pay that is comparable to that of
immigration judges (IJs) and administrative law judges (ALJs).
(b) Findings.--The Congress finds that--
(1) MSPB administrative judges perform work at the same
level of importance and complexity as immigration judges and
administrative law judges. Federal employees deserve to have
their cases heard by judges with the same pay and status as the
judges who hear private sector benefits and employment law
cases. Veterans in the Federal workforce deserve to have their
cases heard by judges with the same pay and status as the
judges who hear cases involving illegal aliens.
(2) MSPB administrative judges are leaving the Board for
positions with other adjudicatory agencies. During the past 4
years, the Board has lost 20 percent of its most experienced
judges to other adjudicatory agencies. MSPB administrative
judges should not have to leave the agency to achieve the pay
and status they deserve when they are adjudicating cases with
the same importance and complexity as cases heard by IJs and
ALJs.
SEC. 4. MERIT SYSTEMS PROTECTION BOARD ADMINISTRATIVE JUDGES AND
COMPENSATION.
(a) Amendment to Chapter 53 of Title 5.--Chapter 53 of title 5,
United States Code, is amended by adding immediately after section
5372a the following:
``Sec. 5372b. Merit Systems Protection Board administrative judges
``(a) Definitions.--For the purposes of this section--
``(1) the term `administrative judge (AJ)' means an
employee of the Merit Systems Protection Board appointed to an
administrative judge position and paid under the MSPB
Administrative Judge Schedule established by subsection (b);
and
``(2) the term `administrative judge (GS)' means an
employee of the Merit Systems Protection Board appointed to an
administrative judge position and paid under the General
Schedule described in section 5332 of this title.
``(b) In General.--There is established the MSPB Administrative
Judge Pay Schedule which shall have 4 levels of pay, designated as AJ-
1, -2, -3, and -4. Each administrative judge (AJ) shall be paid at one
of those levels in accordance with subsection (c).
``(c) Rates of Pay.--
``(1) Basic pay.--The rates of basic pay for the levels of
the MSPB Administrative Judge Pay Schedule established by the
subsection (b) shall be as follows:
``(A) AJ-1: 70 percent of the next to highest rate
of basic pay for the Senior Executive Service.
``(B) AJ-2: 80 percent of the next to highest rate
of basic pay for the Senior Executive Service.
``(C) AJ-3: 90 percent of the next to highest rate
of basic pay for the Senior Executive Service.
``(D) AJ-4: 92 percent of the next to highest rate
of basic pay for the Senior Executive Service.
``(2) Locality pay.--Locality pay as provided by section
5304 shall be applied to the basic pay for administrative
judges (AJ) paid under the MSPB Administrative Judge Pay
Schedule.
``(d) Appointment and Advancement.--
``(1) Initial appointment.--Except as provided in paragraph
(3), initial appointment of an administrative judge (AJ) shall
be at the AJ-1 pay level. Subject to subsection (d)(2), an
administrative judge (AJ) shall be advanced to AJ-2 upon
completion of 104 weeks of service, to AJ-3 upon completion of
104 weeks of service at the next lower level, and to AJ-4 upon
completion of 52 weeks of service at the next lower level.
``(2) Advancement.--Advancement to the AJ-2, -3, and -4
levels as provided by paragraph (1) shall not be effected if
the Chairman of the Merit Systems Protection Board determines
that the work of an administrative judge (AJ) at the next lower
level is not of an acceptable level of competence. An
administrative judge (AJ) may appeal an adverse acceptable
level of competence determination to the Merit Systems
Protection Board under the same conditions by which an
administrative judge (GS) may appeal the denial of a periodic
step increase in pay under section 5335(c).
``(3) Exception.--Notwithstanding paragraph (1), the
Chairman of the Merit Systems Protection Board may provide for
initial appointment of an administrative judge (AJ) at a level
higher than AJ-1 under such circumstances as the Chairman may
determine appropriate.
``(4) Conversion.--An administrative judge (GS), who
occupies a level below grade 15 of the General Schedule, may,
when entitled by tenure and performance to be advanced to grade
15 of the General Schedule, be converted to the MSPB
Administrative Judge Pay Schedule and appointed at the AJ-1
level.''.
(b) Transition Provisions.--
(1) Conversion to mspb administrative judge pay schedule.--
Subject to paragraphs (2) and (3), an administrative judge (GS)
who is serving as of the effective date of this section and who
occupies the grade 15 level of the General Schedule shall be
converted to the MSPB Administrative Judge Pay Schedule and
appointed as an administrative judge (AJ). Each administrative
judge (AJ) so converted shall be placed in the appropriate pay
level prescribed under section 5372(c) of title 5, United
States Code, as added by subsection (a), based on the amount of
time the administrative judge (AJ) has served as an
administrative judge (GS).
(2) Limitation on conversion.--Conversion of an
administrative judge (GS) to administrative judge (AJ) under
paragraph (1) shall not be effected if the Chairman of the Merit
Systems Protection Board determines that the work of an administrative
judge (GS) at the grade 15 level of the General Schedule is not of an
acceptable level of competence. An administrative judge (AJ) may appeal
an adverse acceptable level of competence determination to the Merit
Systems Protection Board under the same conditions by which an
administrative judge (GS) may appeal the denial of a periodic step
increase in pay under section 5335(c).
(3) Limitation on pay increases.--Notwithstanding the rates
of basic pay prescribed under section 5372(c) of title 5,
United States Code, as added by subsection (a), the Chairman of
the Merit Systems Protection Board may, on the effective date
of this section and each year for a period of 7 years
thereafter, limit the pay increase for each administrative
judge (AJ) to an adjustment equal to--
(A) the percentage pay adjustment received by
members of the Senior Executive Service under section
5382(c) of this title, if any;
(B) locality pay under section 5304; and
(C) an additional $3,000.
The Senior Executive Service percentage pay adjustment, if any,
shall be included in basic pay. Annual adjustments in pay after
the effective date of this section will be made on the first
day of the first pay period of each calendar year. The
limitation on pay increases under this subsection may continue
during the time period prescribed by this subsection until such
time as the pay of each administrative judge (AJ) reaches the
appropriate rate of basic pay under section 5372b(c) of title
5, United States Code, as added by subsection (a). The Chairman
may waive any limitation on pay under this subsection in the
case of an administrative judge (AJ) serving as a chief
administrative judge.
(4) Pay in relation to grade 15 of the general schedule.--
In no case shall an administrative judge (AJ) who is converted
in accordance with paragraph (1), or whose pay increase in any
year is limited under paragraph (3), be paid after the
effective date of this section at a rate that is less than the
adminstrative judge's (AJ) rate of pay would have been had the
administrative judge (AJ) remained as an administrative judge
(GS) occupying the grade 15 level of the General Schedule.
(5) Definitions.--For purposes of this subsection--
(A) the term ``administrative judge (AJ)'' means an
employee of the Merit Systems Protection Board
appointed to an administrative judge position and paid
under the MSPB Administrative Judge schedule
established by the amendment made by subsection (a);
and
(B) the term ``administrative judge (GS)'' means an
employee of the Merit Systems Protection Board
appointed to an administrative judge position and paid
under the General Schedule described in section 5332 of
this title.
(c) Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as are necessary for the purpose of carrying out this
section.
(2) No reduction.--The authorization of appropriations by
paragraph (1) shall not have the effect of reducing any funds
appropriated for the Board for the purpose of carrying out its
statutory mission under section 1204 of title 5, United States
Code.
(d) Effective Date.--This section shall take effect on the first
day of the first pay period of the calendar year immediately following
the date of enactment of appropriations authorized by subsection
(c)(1).
(e) Conforming Amendment.--The table of sections for subchapter VII
of chapter 53 of title 5, United States Code, is amended by adding
after the item relating to section 5372a the following new item:
``5372b. Merit Systems Protection Board administrative judges.''. | Amends Federal civil service law to authorize the Merit Systems Protection Board (MSPB) to establish a three-year program to provide Federal employees and agencies with alternative dispute resolution (ADR) processes to apply to workplace disputes and disagreements involving removals, suspensions for more than 14 days, and other adverse actions under Federal civil service law. Directs the MSPB to test and evaluate a variety of ADR techniques. Authorizes the MSPB to implement its early intervention ADR, allowing any agency or employee to request such early intervention, and authorizing the MSPB Chairman to designate up to three agencies with a substantial number of MSPB appeals for participation in a mandatory early intervention ADR program.
Allows any employee or agency to request ADR once an appeal or petition for review of a case is filed with the MSPB. Outlines MSPB procedures for such cases. Direct the MSPB's Office of Policy and Evaluation to establish criteria for evaluating the ADR program and to prepare a report as to whether mandatory ADR is desirable, effective, and appropriate for cases decided by Federal administrative agencies.
Authorizes appropriations for the ADR program.
Establishes the MSPB Administrative Judge Pay Schedule, with pay levels comparable to that of immigration judges and administrative law judges. Provides, with respect to such Schedule, for initial appointment and advancement, and transition provisions for current judges. Authorizes appropriations to carry out such Schedule. | [
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] |
SECTION 1. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN
THE EXECUTIVE BRANCH.
(a) Executive Schedule Pay Rates.--
(1) In general.--Section 5318 of title 5, United States
Code, is amended--
(A) by redesignating subsection (a) as subsection
(a)(1) and subsection (b) as paragraph (2); and
(B) by adding at the end the following:
``(b)(1)(A) Effective at the beginning of the first applicable pay
period commencing on or after the first day of the month in which any
comparability payment becomes payable under section 5304 or 5304a with
respect to General Schedule employees within the District of Columbia
during any year, the annual rate of pay for positions at each level of
the Executive Schedule (exclusive of any previous adjustment under this
subsection) shall be adjusted by an amount, rounded to the nearest
multiple of $100 (or if midway between multiples of $100, to the next
highest multiple of $100) equal to the percentage of such annual rate
of pay which corresponds to the percentage adjustment becoming so
payable with respect to General Schedule employees within the District
of Columbia under such section 5304 or 5304a (as applicable).
``(B) If an adjustment under this subsection is scheduled to take
effect on the same date as an adjustment under subsection (a), the
adjustment under subsection (a) shall be made first.
``(2) An annual rate of pay, as adjusted under paragraph (1), shall
for all purposes be treated as the annual rate of pay for the positions
involved, except as otherwise provided in subsection (a), paragraph
(1), or any other provision of law.
``(3) Nothing in this subsection shall be considered to permit or
require the continuation of an adjustment under paragraph (1) after the
comparability payment (for General Schedule employees within the
District of Columbia) on which it was based has been terminated or
superseded.''.
(2) Contract appeals board members.--Section 5372a of title
5, United States Code, is amended--
(A) in subsection (b)(2) by striking ``97 percent
of the rate under paragraph (1)'' and inserting ``no
less than 97 percent of the rate under paragraph (1)'';
(B) in subsection (b)(3) by striking ``94 percent
of the rate under paragraph (1)'' and inserting ``no
less than 94 percent of the rate under paragraph (1)'';
and
(C) by adding at the end the following:
``(d) Subject to subsection (b), effective at the beginning of the
first applicable pay period commencing on or after the first day of the
month in which an adjustment takes effect under section 5303 in the
rates of basic pay under the General Schedule, each rate of basic pay
for contract appeals board members shall be adjusted by an amount
determined by the President to be appropriate.''.
(3) Conforming amendments.--Section 5318 of title 5, United
States Code, is amended--
(A) in the first sentence of subsection (a)(1) (as
redesignated)--
(i) by striking ``Subject to subsection
(b),'' and inserting ``Subject to paragraph
(2),''; and
(ii) by inserting ``(exclusive of any
previous adjustment under subsection (b))''
after ``Executive Schedule''; and
(B) in subsection (a)(2) (as redesignated), by
striking ``subsection (a)'' and inserting ``paragraph
(1)''.
(b) Amendments Relating to Certain Limitation and Other
Provisions.--
(1) Provisions to be applied by excluding executive
schedule comparability adjustment.--Sections 5303(f),
5304(h)(1)(F), 5306(e), and 5373(a) of title 5, United States
Code, are each amended by inserting ``, exclusive of any
adjustment under section 5318(b)'' after ``Executive
Schedule''.
(2) Limitation on certain payments.--Section 5307(a) of
title 5, United States Code, is amended by adding at the end
the following:
``(3) In the case of an employee who is receiving basic pay under
section 5372a, 5376, or 5383, paragraph (1) shall be applied by
substituting `the annual rate of salary of the Vice President of the
United States' for `the annual rate of basic pay payable for level I of
the Executive Schedule'. Regulations under subsection (c) may extend
the application of the preceding sentence to other equivalent
categories of employees.''.
(3) References to level iv of the executive schedule.--
Sections 5372(b)(1)(C), 5372a(b)(1), 5376(b)(1)(B), and 5382(b)
of title 5, United States Code, are each amended by striking
``level IV'' each place it appears and inserting ``level III''.
SEC. 2. PROVISIONS RELATING TO CERTAIN OFFICES AND POSITIONS WITHIN THE
JUDICIAL BRANCH.
(a) Increase in Maximum Rates of Basic Pay Allowable.--
(1) For positions covered by section 604(a)(5) of title 28,
united states code.--Section 604(a)(5) of title 28, United
States Code, is amended by striking ``by law'' and inserting
``by law (except that the rate of basic pay fixed under this
paragraph for any such employee may not exceed the rate for
level IV of the Executive Schedule)''.
(2) For circuit executives.--Section 332(f)(1) of title 28,
United States Code, is amended by striking ``level IV of the
Executive Schedule pay rates under section 5315'' and inserting
``level III of the Executive Schedule pay rates under section
5314''.
(3) For personnel of the administrative office of the
united states courts.--
(A) In general.--Section 3(a) of the Administrative
Office of the United States Courts Personnel Act of
1990 (28 U.S.C. 602 note) is amended--
(i) in paragraph (1), by striking ``level
V'' and inserting ``level IV''; and
(ii) in paragraph (10), by striking ``level
IV'' and inserting ``level III''.
(B) Provisions relating to certain additional
positions.--Section 603 of title 28, United States
Code, is amended by striking ``level IV of the
Executive Schedule under section 5315'' and inserting
``level III of the Executive Schedule under section
5314''.
(b) Salary of the Director of the Administrative Office of the
United States Courts.--Section 603 of title 28, United States Code, is
amended by striking ``district'' and inserting ``circuit''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall be effective with respect to
pay periods beginning on or after the date of enactment of this Act. | Provides that, when any comparability payment becomes payable with respect to General Schedule employees within the District of Columbia, the annual rate of pay for positions at each level of the Executive Schedule shall be adjusted by an amount equal to the percentage adjustment payable to such General Schedule employees.Revises the rate of basic pay for the Vice Chairman and other members of the Contract Appeals Board. Adjusts such pay rate after each adjustment under the General Schedule.Increases the maximum limit on bonuses, awards, or other similar cash payments that may be paid in a calendar year to contract appeals board members, certain senior-level employees, and individual senior executives.Increases: (1) the rate of basic pay payable for certain executive schedule positions; and (2) the highest rate of basic pay payable for the Senior Executive Service.Increases the maximum rates of basic pay allowable for circuit executives and certain personnel of the Administrative Office of the U.S. Courts. Provides for the salary of the Director of such Office to be the same as the salary of a circuit (currently, district) judge. | [
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] |
SECTION 1. RURAL AND MOUNTAINOUS ADVISORY COUNCIL.
(a) Establishment.--Subject to the availability of appropriations,
not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation shall establish in the National Highway
Traffic Safety Administration a Rural and Mountainous Advisory Council
(hereinafter referred to as the ``Council'').
(b) Membership.--Members of the Council shall include a diverse
group representative of business, academia and independent researchers,
State and local authorities, safety and consumer advocates, engineers,
labor organizations, environmental experts, a representative of the
National Highway Traffic Safety Administration, and other members
determined to be appropriate by the Secretary. The Council shall be
composed of not less than 15 and not more than 30 members appointed by
the Secretary.
(c) Terms.--Members of the Council shall be appointed by the
Secretary of Transportation and shall serve for a term of three years.
(d) Vacancies.--Any vacancy occurring in the membership of the
Council shall be filled in the same manner as the original appointment
for the position being vacated. The vacancy shall not affect the power
of the remaining members to execute the duties of the Council.
(e) Duties.--The Council shall undertake information gathering
activities, develop technical advice, and present best practices or
recommendations to the Secretary regarding the testing and deployment
of highly automated vehicles and automated driving systems in areas
that are rural, remote, mountainous, insular, or unmapped to evaluate
operational limitations caused by natural geographical or man-made
features, or adverse weather conditions, and to enhance the safety and
reliability of highly automated vehicles and automated driving systems
used in such areas with such features or conditions.
(f) Report to Congress.--The recommendations of the Council shall
also be reported to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(g) Federal Advisory Committee Act.--The establishment and
operation of the Council shall conform to the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.).
(h) Technical Assistance.--On request of the Council, the Secretary
shall provide such technical assistance to the Council as the Secretary
determines to be necessary to carry out the Council's duties.
(i) Detail of Federal Employees.--On the request of the Council,
the Secretary may detail, with or without reimbursement, any of the
personnel of the Department of Transportation to the Council to assist
the Council in carrying out its duties. Any detail shall not interrupt
or otherwise affect the civil service status or privileges of the
Federal employee.
(j) Payment and Expenses.--Members of the Council shall serve
without pay, except travel and per diem will be paid each member for
meetings called by the Secretary.
(k) Termination.--The Council shall terminate 6 years after the
date of enactment of this Act.
(l) Definitions.--
(1) In general.--In this section--
(A) the term ``automated driving system'' means the
hardware and software that are collectively capable of
performing the entire dynamic driving task on a
sustained basis, regardless of whether such system is
limited to a specific operational design domain;
(B) the term ``dynamic driving task'' means all of
the real time operational and tactical functions
required to operate a vehicle in on-road traffic,
excluding the strategic functions such as trip
scheduling and selection of destinations and waypoints,
and including--
(i) lateral vehicle motion control via
steering;
(ii) longitudinal vehicle motion control
via acceleration and deceleration;
(iii) monitoring the driving environment
via object and event detection, recognition,
classification, and response preparation;
(iv) object and event response execution;
(v) maneuver planning; and
(vi) enhancing conspicuity via lighting,
signaling, and gesturing;
(C) the term ``highly automated vehicle''--
(i) means a motor vehicle equipped with an
automated driving system; and
(ii) does not include a commercial motor
vehicle (as defined in section 31101 of title
49, United States Code); and
(D) the term ``operational design domain'' means
the specific conditions under which a given driving
automation system or feature thereof is designed to
function.
(2) Revisions to certain definitions.--
(A) If SAE International (or its successor
organization) revises the definition of any of the
terms defined in subparagraph (A), (B), or (D) of
paragraph (1) in Recommended Practice Report J3016, it
shall notify the Secretary of the revision. The
Secretary shall publish a notice in the Federal
Register to inform the public of the new definition
unless, within 90 days after receiving notice of the
new definition and after opening a period for public
comment on the new definition, the Secretary notifies
SAE International (or its successor organization) that
the Secretary has determined that the new definition
does not meet the need for motor vehicle safety, or is
otherwise inconsistent with the purposes of chapter 301
of title 49, United States Code. If the Secretary so
notifies SAE International (or its successor
organization), the existing definition in paragraph (1)
shall remain in effect.
(B) If the Secretary does not reject a definition
revised by SAE International (or its successor
organization) as described in subparagraph (A), the
Secretary shall promptly make any conforming amendments
to the regulations and standards of the Secretary that
are necessary. The revised definition shall apply for
purposes of this section. The requirements of section
553 of title 5, United States Code, shall not apply to
the making of any such conforming amendments.
(C) Pursuant to section 553 of title 5, United
States Code, the Secretary may update any of the
definitions in subparagraph (A), (B), or (D) of
paragraph (1) if the Secretary determines that
materially changed circumstances regarding highly
automated vehicles have impacted motor vehicle safety
such that the definitions need to be updated to reflect
such circumstances. | This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration a Rural and Mountainous Advisory Council. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding the testing and deployment of highly automated vehicles and automated driving systems in rural, remote, mountainous, insular, or unmapped areas to evaluate operational limitations caused by natural geographical or man-made features or adverse weather conditions and to enhance the safety and reliability of such vehicles and systems in such areas or conditions. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An "automated driving system" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Outside Audit of the
Indian Health Service Act of 2017''.
SEC. 2. INDEPENDENT OUTSIDE AUDIT OF THE INDIAN HEALTH SERVICE.
(a) Definitions.--In this section:
(1) Reputable private entity.--The term ``reputable private
entity'' means a private entity that--
(A) has experience with, and proven outcomes in
optimizing the performance of, Federal health care
delivery systems, the private sector, and health care
management; and
(B) specializes in implementing large-scale
organizational and cultural transformations, especially
with respect to health care delivery systems.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) Service.--The term ``Service'' means the Indian Health
Service.
(b) Assessment.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall enter into one or more contracts with
a reputable private entity to conduct an independent assessment of the
health care delivery systems and financial management processes of the
Service.
(c) Program Integrator.--
(1) In general.--If the Secretary enters into contracts
under this section with more than 1 reputable private sector
entity, the Secretary shall designate one such entity that is
predominantly a health care organization as the program
integrator.
(2) Responsibilities.--The program integrator designated
under paragraph (1) shall be responsible for coordinating the
outcomes of the assessments conducted by the reputable private
entities under this section.
(d) Areas of Study.--Each assessment conducted under subsection (b)
shall address each of the following:
(1) Current and projected demographics and unique health
care needs of the patient population served by the Service.
(2) Current and projected health care capabilities and
resources of the Service, including hospital care, medical
services, and other health care furnished by non-Service
facilities under contract with the Service, to provide timely
and accessible care to eligible patients.
(3) The authorities and mechanisms under which the
Secretary may furnish hospital care, medical services, and
other health care at non-Service facilities, including whether
it is recommended that the Secretary have the authority to
furnish such care and services at such facilities through the
completion of episodes of care.
(4) The appropriate systemwide access standard applicable
to hospital care, medical services, and other health care
furnished by and through the Service, including an
identification of appropriate access standards for each
individual specialty and post-care rehabilitation.
(5) The workflow process at each medical facility of the
Service for scheduling appointments to receive hospital care,
medical services, or other health care from the Service.
(6) The organization, workflow processes, and tools used by
the Service to support clinical staffing, access to care,
effective length-of-stay management and care transitions,
positive patient experience, accurate documentation, and
subsequent coding of inpatient services.
(7) The staffing level at each medical facility of the
Service and the productivity of each health care provider at
such medical facility, compared with health care industry
performance metrics, which may include an assessment of any of
the following:
(A) The case load of, and number of patients
treated by, each health care provider at such medical
facility during an average week.
(B) The time spent by such health care provider on
matters other than the case load of such health care
provider.
(C) The amount of personnel used for administration
compared with direct health care in the Service being
comparable to the amount used for administration
compared with direct health care in private health care
institutions.
(D) The allocation of the budget of the Service
used for administration compared with the allocation of
the budget used for direct health care at Service-
operated facilities.
(E) Any vacancies in positions of full-time
equivalent employees that the Service--
(i) does not intend to fill; or
(ii) has not filled during the 12-month
period beginning on the date on which the
position became vacant.
(F) The disposition of amounts budgeted for full-
time equivalent employees that is not used for those
employees because the positions of the employees are
vacant, including--
(i) whether the amounts are redeployed; and
(ii) if the amounts are redeployed, how the
redeployment is determined.
(G) With respect to the approximately 3,700
Medicaid-reimbursable full-time equivalent employees of
the Service--
(i) the number of those employees who are
certified coders; and
(ii) whether that number of employees is
necessary.
(8) The information technology strategies of the Service
with respect to furnishing and managing health care, including
an identification of any weaknesses and opportunities with
respect to the technology used by the Service, especially those
strategies with respect to clinical documentation of episodes
of hospital care, medical services, and other health care,
including any clinical images and associated textual reports,
furnished by the Service in Service or non-Service facilities.
(9) Business processes of the Service, including processes
relating to furnishing non-Service health care, insurance
identification, third-party revenue collection, and vendor
reimbursement, including an identification of mechanisms as
follows:
(A) To avoid the payment of penalties to vendors.
(B) To increase the collection of amounts owed to
the Service for hospital care, medical services, or
other health care provided by the Service for which
reimbursement from a third party is authorized and to
ensure that such amounts collected are accurate.
(C) To increase the collection of any other amounts
owed to the Service with respect to hospital care,
medical services, and other health care and to ensure
that such amounts collected are accurate.
(D) To increase the accuracy and timeliness of
Service payments to vendors and providers.
(10) The purchasing, distribution, and use of
pharmaceuticals, medical and surgical supplies, medical
devices, and health care related services by the Service,
including the following:
(A) The prices paid for, standardization of, and
use by the Service of, the following:
(i) Pharmaceuticals.
(ii) Medical and surgical supplies.
(iii) Medical devices.
(B) The use by the Service of group purchasing
arrangements to purchase pharmaceuticals, medical and
surgical supplies, medical devices, and health care
related services.
(C) The strategy and systems used by the Service to
distribute pharmaceuticals, medical and surgical
supplies, medical devices, and health care related
services to medical facilities of the Service.
(11) The process of the Service for carrying out
construction and maintenance projects at medical facilities of
the Service and the medical facility leasing program of the
Service, including--
(A) whether the maintenance budget is updated or
increased to reflect increases in maintenance costs
with the addition of new facilities and whether any
increase is sufficient to support the growth of the
facilities; and
(B) what the process is for facilities that reach
the end of their proposed life cycle.
(12) The competency of leadership with respect to culture,
accountability, reform readiness, leadership development,
physician alignment, employee engagement, succession planning,
and performance management, including--
(A) the reasons for a lack in transparency in the
culture of the Service, leading tribal leadership to
request increased transparency and more open
communication between the Service and the people served
by the Service; and
(B) whether any checks and balances exist to assess
potential fraud or misuse of amounts within the
Service.
(13) The lack of a funding formula to distribute base
funding to the 12 Service areas, including the following:
(A) The establishment of the current process of
funding being distributed based on historical
allocations and not on need such as population growth,
number of facilities, etc.
(B) How the implementation of self-governance
policies has impacted health care delivery.
(C) The communication to area office directors on
distribution decisionmaking.
(D) How the tribal and residual shares are
determined for each Indian tribe and the amounts of
those shares.
(E) The auditing or evaluation process used by the
Service to determine whether amounts are distributed
and expended appropriately, including--
(i) whether periodic or end-of-year records
document the actual distributions; and
(ii) whether any auditing or evaluation is
conducted in accordance with generally accepted
accounting principles or other appropriate
practices.
(14) Whether the Service tracks patients eligible for two
or more of either the Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), health care
received through the Service, or any other Federal health care
program (referred to in this section as ``dual eligible
patients''). If so, how dual eligible patients are managed.
(15) The number of procurement contracts entered into and
awards made by the Service under section 23 of the Act of June
25, 1910 (commonly known as the ``Buy Indian Act'') (25 U.S.C.
47), and a comparison of that number, with--
(A) the total number of procurement contracts
entered into and awards made by the Service during the
5 fiscal years prior to the date of enactment of this
Act; and
(B) the process used by the Service facilities to
ensure compliance with section 23 of the Act of June
25, 1910 (commonly known as the ``Buy Indian Act'') (25
U.S.C. 47).
(16) Any other items the reputable private entity
determines should be addressed in the independent assessment of
the Service.
(e) Report on Assessment.--
(1) Submission to secretary.--Not later than 240 days after
the date a contract is entered into under subsection (b), the
entity carrying out the assessment under the contract shall--
(A) complete the assessment; and
(B) submit to the Secretary a report describing the
findings and recommendations of the entity with respect
to the assessment.
(2) Submission to congress.--Immediately on receipt of the
report under paragraph (1)(B), the Secretary shall submit the
report to--
(A) the appropriate committees of Congress,
including--
(i) the Committee on Appropriations of the
Senate; and
(ii) the Committee on Appropriations of the
House of Representatives;
(B) the Majority Leader of the Senate;
(C) the Minority Leader of the Senate;
(D) the Speaker of the House of Representatives;
and
(E) the Minority Leader of the House of
Representatives.
(3) Publication.--Not later than 30 days after receiving
the report under paragraph (1)(B), the Secretary shall publish
such report in the Federal Register and on an Internet website
of the Service that is accessible to the public.
(f) Funding.--The Secretary shall use, to carry out this section,
such amounts as are necessary from other amounts available to the
Secretary that are not otherwise obligated. | Independent Outside Audit of the Indian Health Service Act of 2017 This bill requires the Department of Health and Human Services to contract with private entities to assess the health care delivery systems and financial management of the Indian Health Service (IHS). The assessment must address IHS issues including: the demographics and health care needs of the patient population, health care capabilities and resources, staffing levels at medical facilities and the productivity of each health care provider, information technology strategies related to providing health care, business processes, the competency of leadership regarding specified issues, tracking patients eligible for other federal health care programs, and the number of procurement contracts and awards under the Buy Indian Act. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Housing and Community
Renewal Development Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Congressional Findings.--The Congress finds the following:
(1) Addressing the problem of contaminated abandoned
industrial or commercial properties by funding programs that
encourage the reuse of such properties must continue to be a
priority of this country.
(2) Brownfields grant programs funded through the
Environmental Protection Agency (EPA) are utilized for
environmental assessment, planning, job training, and cleanup.
(3) EPA brownfields programs are not adequate to
rehabilitate, demolish, or redevelop structures.
(4) The Department of Housing and Urban Development is an
appropriate agency to provide grants to redevelop contaminated,
abandoned or underutilized buildings, which pose not only a
possible health risk but also impact a community's quality of
life.
(5) Local communities need additional redevelopment
programs that provide new flexibility to organizations to be
part of community development efforts.
(6) The Congress should fund appropriate Federal programs
that allow communities to redevelop their neighborhoods and
improve the quality of life in the surrounding areas.
(b) Purpose.--The purpose of this Act is to empower local
communities and their partners to clean and redevelop brownfields in
their communities by providing--
(1) flexibility for the development of local plans to
address brownfields problems; and
(2) access to economic development grant funds.
SEC. 3. GRANT PROGRAM TO PROMOTE COMMUNITY RENEWAL THROUGH BROWNFIELD
REDEVELOPMENT.
Section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308) is amended--
(1) by redesignating subsection (r) as subsection (s); and
(2) by inserting after subsection (q) the following new
subsection:
``(r) Grant Program to Promote Community Renewal Through Brownfield
Redevelopment.--
``(1) Establishment of program.--The Secretary shall
establish a program under this subsection to make grants to
assist in carrying out redevelopment activities for brownfield
sites and abandoned, idled, and underused industrial,
commercial or housing structures located in brownfield sites.
``(2) Grantees and grant conditions.--A grant may be made
under this subsection to a unit of general local government,
including an agency of such a unit, an entity affiliated with
such a unit, a nonprofit organization, or a community
development corporation, but only pursuant to a grant proposal
for redevelopment of a brownfield site or sites, which is
submitted to and approved by the Secretary and ensures that the
grant will be used for at least one of the following purposes:
``(A) To benefit low and moderate income
communities.
``(B) To increase affordable housing opportunities.
``(C) To address imminent threats or urgent
community needs.
``(D) To provide open spaces or parks.
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to grant proposals that
ensure that the grant will be used for two or more of the
objectives specified in subparagraphs (A) through (D) of
paragraph (2).
``(4) Availability of assistance.--The Secretary shall not
require, for eligibility to a grant under this section, that
such grant amounts be used only in connection or conjunction
with projects and activities assisted with a loan guaranteed
under this section.
``(5) Grant amount.--Each grant award made under this
subsection shall be of sufficient size to carry out the goals
of this subsection, but shall not exceed $1,000,000.
``(6) Administrative costs.--A recipient of a grant under
this subsection may use not more than 10 percent of the amount
of the grant for reasonable administrative costs necessary in
carrying out the brownfields project for which the grant is
made.
``(7) Audits.--The Secretary shall establish and carry out
procedures for auditing or reviewing grants made under this
subsection.
``(8) Violations.--The Secretary shall establish and
implement appropriate measures to sanction grantees who are
found to have violated the requirements under this subsection
or any grant conditions.
``(9) Definition.--For purposes of this subsection, the
term `brownfield site' has the meaning given such term in
section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
``(10) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated for grants under this subsection
$25,000,000 for fiscal year 2008, $50,000,000 for
fiscal year 2009, and $75,000,000 for fiscal year 2010.
``(B) Availability.--Any amounts appropriated
pursuant to this paragraph shall remain available until
expended.
``(11) Report to congress.--The Secretary shall submit a
report to the Congress, not later than 30 months after the date
of the enactment of the Brownfields Housing and Community
Renewal Development Act, on the use and impact of the grant
program under this subsection.''. | Brownfields Housing and Community Renewal Development Act - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to establish a grants program for redevelopment activities for brownfield sites and abandoned, idled, and underused industrial, commercial, or housing structures located in brownfield sites. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban Flooding Awareness Act of
2014''.
SEC. 2. URBAN FLOODING DEFINED.
(a) In General.--In this Act, the term ``urban flooding'' means the
inundation of property in a built environment, particularly in more
densely populated areas, caused by rain falling on increased amounts of
impervious surface and overwhelming the capacity of drainage systems,
such as storm sewers.
(b) Inclusions.--In this Act, the term ``urban flooding''
includes--
(1) situations in which stormwater enters buildings through
windows, doors, or other openings;
(2) water backup through sewer pipes, showers, toilets,
sinks, and floor drains;
(3) seepage through walls and floors;
(4) the accumulation of water on property or public rights-
of-way; and
(5) the overflow from water bodies, such as rivers and
lakes.
(c) Exclusion.--In this Act, the term ``urban flooding'' does not
include flooding in undeveloped or agricultural areas.
SEC. 3. URBAN FLOODING STUDY.
(a) Agreement With National Research Council.--The Administrator of
the Federal Emergency Management Agency shall enter into an agreement
with the National Research Council under which the National Research
Council will conduct a study on urban flooding in accordance with the
requirements of this section.
(b) Contents.--
(1) General review and evaluation.--In conducting the
study, the National Research Council shall review and evaluate
the latest available research, laws, regulations, policies,
best practices, procedures, and institutional knowledge
regarding urban flooding.
(2) Specific issue areas.--The study shall include, at a
minimum, an examination of the following:
(A) The prevalence and costs associated with urban
flooding events across the United States, with a focus
on the largest metropolitan areas and any clear trends
in frequency and severity over the past 2 decades.
(B) The adequacy of existing federally provided
flood risk information and the most cost-effective
methods and products to identify, map, or otherwise
characterize the risk of property damage from urban
flooding on a property-by-property basis, whether or
not a property is in or adjacent to a 1-percent (100-
year) flood plain, and the potential for training and
certifying local experts in flood risk characterization
as a service to property purchasers and owners and
their communities.
(C) The causes of urban flooding and its apparent
increase over the past 20 years, including the impacts
of--
(i) global climate change;
(ii) increasing urbanization and the
associated increase in impervious surfaces; and
(iii) undersized, deteriorating and
otherwise ineffective stormwater
infrastructure.
(D) The most cost-effective strategies, practices,
and technologies used to reduce the impacts of urban
flooding, with a focus on decentralized, easy-to-
install, and low-cost approaches, such as nonstructural
and natural infrastructure on public and private
property. The examination under this subparagraph shall
include an assessment of opportunities for implementing
innovative strategies and practices on government-
controlled land, such as Federal, State, and local
roads, parking lots, alleys, sidewalks, buildings,
recreational areas, and open space.
(E) The role of the Federal Government and State
governments, as conveners, funders, and advocates, in
spurring market innovations based on public-private-
nonprofit partnerships. Such innovations may include
smart home technologies for improved flood warning
systems connected to high-resolution weather forecast
data and Internet- and cellular-based communications
systems.
(F) The most sustainable and effective methods for
funding flood risk and flood damage reduction at all
levels of government, including--
(i) the potential for establishing a State
revolving fund program for flood prevention
projects similar to the revolving fund programs
under the Federal Water Pollution Control Act
and the Safe Drinking Water Act;
(ii) stormwater fee programs using
impervious surface as the basis for fee rates
and providing credits for the installation of
flood prevention or other stormwater management
features;
(iii) grant programs; and
(iv) public-private partnerships.
(G) Information and education strategies and
practices, including nontraditional approaches such as
the use of social media, for community leaders,
government staff, and property owners on--
(i) flood risks;
(ii) flood risk reduction strategies and
practices; and
(iii) the availability and effectiveness of
different types of flood insurance policies.
(H) The relevance of the National Flood Insurance
Program and Community Rating System to urban flooding
areas outside traditional flood plains, and strategies
for broadening coverage and increasing participation
under the programs.
(I) Strategies for protecting downstream
communities from the flooding impacts of development in
upstream communities, including a review of--
(i) potential standards for watershed-wide
flood protection planning; and
(ii) the potential establishment of
streamlined legal processes for victims of
flood damage, to avoid the need for expensive
litigation.
(c) Consultation.--The Administrator of the Federal Emergency
Management Agency shall carry out this section in consultation with the
Secretary of the Army (acting through the Chief of Engineers), the
Secretary of Housing and Urban Development, the Administrator of the
Environmental Protection Agency, and State, regional, and local
stormwater management agencies, and such other interested parties as
the Administrator of the Federal Emergency Management Agency considers
appropriate.
(d) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall submit to the Committee on Financial Services
and the Committee on Appropriations of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs and the Committee
on Appropriations of the Senate a report containing the findings of the
National Research Council based on the results of the study, including
recommendations for implementation of strategies, practices, and
technologies relating to urban flooding by Congress and the executive
branch. | Urban Flooding Awareness Act of 2014 - Directs the Administrator of the Federal Emergency Management Agency (FEMA) to enter into an agreement with the National Research Council to conduct a study on urban flooding. Defines "urban flooding" as the inundation of property in a built environment, particularly in more densely populated areas, caused by rain falling on increased amounts of impervious surface and overwhelming the capacity of drainage systems. Directs the Council to evaluate the latest research, laws, regulations, policies, best practices, procedures, and institutional knowledge regarding urban flooding. Requires the Council's study to include an examination of: the prevalence of and costs associated with urban flooding events across the United States, with a focus on the largest metropolitan areas and trends in frequency and severity over the past two decades; the adequacy of federally provided flood risk information and the most cost-effective methods and products to characterize the risk of property damage from urban flooding on a property-by-property basis; the potential for training and certifying local experts in flood risk characterization as a service to property purchasers and owners; the causes of urban flooding and its apparent increase over the past 20 years; the most cost-effective strategies, practices, and technologies used to reduce the impacts of urban flooding; the role of the federal government and state governments in spurring market innovations based on public-private-nonprofit partnerships; the most sustainable and effective methods for funding flood risk and flood damage reduction at all levels of government; the relevance of the National Flood Insurance Program and Community Rating System to urban flooding areas outside traditional flood plains and strategies for broadening coverage and increasing participation under the Program; and strategies for protecting downstream communities from the flooding impacts of development in upstream communities. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Cash and Counseling Program
Act of 2005''.
SEC. 2. OPTIONAL CHOICE OF SELF-DIRECTED PERSONAL ASSISTANCE SERVICES
(CASH AND COUNSELING).
(a) Exemption From Certain Requirements.--Section 1915 of the
Social Security Act (42 U.S.C. 1396n) is amended by adding at the end
the following new subsection:
``(i)(1) A State may provide, as `medical assistance', payment for
part or all of the cost of self-directed personal assistance services
(other than room and board) under the plan which are provided pursuant
to a written plan of care to individuals with respect to whom there has
been a determination that, but for the provision of such services, the
individuals would require and receive personal care services under the
plan, or home and community-based services provided pursuant to a
waiver under sub-section (c). Self-directed personal assistance
services may not be provided under this subsection to individuals who
reside in a home or property that is owned, operated, or controlled by
a provider of services, not related by blood or marriage.
``(2) The Secretary shall not grant approval for a State self-
directed personal assistance services program under this section unless
the State provides assurances satisfactory to the Secretary of the
following:
``(A) Necessary safeguards have been taken to protect the
health and welfare of individuals provided services under the
program, and to assure financial accountability for funds
expended with respect to such services.
``(B) The State will provide, with respect to individuals
who--
``(i) are entitled to medical assistance for
personal care services under the plan, or receive home
and community-based services under a waiver granted
under subsection (c);
``(ii) may require self-directed personal
assistance services; and
``(iii) may be eligible for self-directed personal
assistance services,
an evaluation of the need for personal care under the plan, or
personal services under a waiver granted under subsection (c).
``(C) Such individuals who are determined to be likely to
require personal care under the plan, or home and community-
based services under a waiver granted under subsection (c) are
informed of the feasible alternatives, if available under the
State's self-directed personal assistance services program, at
the choice of such individuals, to the provision of personal
care services under the plan, or personal assistance services
under a waiver granted under subsection (c).
``(D) The State will provide for a support system that
ensures participants in the self-directed personal assistance
services program are appropriately assessed and counseled prior
to enrollment and are able to manage their budgets. Additional
counseling and management support may be provided at the
request of the participant.
``(E) The State will provide to the Secretary an annual
report on the number of individuals served and total
expenditures on their behalf in the aggregate. The State shall
also provide an evaluation of overall impact on the health and
welfare of participating individuals compared to non-
participants every three years.
``(3) A State may provide self-directed personal assistance
services under the State plan without regard to the requirements of
section 1902(a)(1) and may limit the population eligible to receive
these services and limit the number of persons served without regard to
section 1902(a)(10)(B).
``(4)(A) For purposes of this subsection, the term `self-directed
personal assistance services' means personal care and related services,
or home and community-based services otherwise available under the plan
under this title or subsection (c), that are provided to an eligible
participant under a self-directed personal assistance services program
under this section, under which individuals, within an approved self-
directed services plan and budget, purchase personal assistance and
related services, and permits participants to hire, fire, supervise,
and manage the individuals providing such services.
``(B) At the election of the State--
``(i) a participant may choose to use any individual
capable of providing the assigned tasks including legally
liable relatives as paid providers of the services; and
``(ii) the individual may use the individual's budget to
acquire items that increase independence or substitute (such as
a microwave oven or an accessibility ramp) for human
assistance, to the extent that expenditures would otherwise be
made for the human assistance.
``(5) For purpose of this section, the term `approved self-directed
services plan and budget' means, with respect to a participant, the
establishment of a plan and budget for the provision of self-directed
personal assistance services, consistent with the following
requirements:
``(A) Self-direction.--The participant (or in the case of a
participant who is a minor child, the participant's parent or
guardian, or in the case of an incapacitated adult, another
individual recognized by state law to act on behalf of the
participant) exercises choice and control over the budget,
planning, and purchase of self-directed personal assistance
services, including the amount, duration, scope, provider and
location of service provision.
``(B) Assessment of needs.--There is an assessment of the
needs, strengths, and preferences of the participants for such
services.
``(C) Service plan.--A plan for such services (and supports
for such services) for the participant has been developed and
approved by the State based on such assessment through a
person-centered process that--
``(i) builds upon the participant's capacity to
engage in activities that promote community life and
that respects the participant's preferences, choices
and abilities; and
``(ii) involves families, friends, and
professionals in the planning or delivery of services
or supports as desired or required by the participant.
``(D) Service budget.--A budget for such services and
supports for the participant has been developed and approved by
the State based on such assessment and plan and on a
methodology that uses valid, reliable cost data, is open to
public inspection, and includes a calculation of the expected
cost of such services if those services were not self-directed.
The budget may not restrict access to other medically necessary
care and services furnished under the plan and approved by the
state but not included in the budget.
``(E) Application of quality assurance and risk
management.--There are appropriate quality assurance and risk
management techniques used in establishing and implementing
such plan and budget that recognize the roles and
responsibilities in obtaining services in a self-directed
manner and assure the appropriateness of such plan and budget
based upon the participant's resources and capabilities.
``(6) A State may employ a financial management entity to make
payments to providers, track costs, and make reports under the program.
Payment for the activities of the financial management entity shall be
at the administrative rate established in section 1903(a).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to services furnished on or after January 1, 2006. | Medicaid Cash and Counseling Program Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to allow a state to provide, as medical assistance, payment for the cost of self-directed personal assistance services (other than room and board) provided pursuant to a written plan of care to individuals who, but for such services, would require and receive personal care services under the plan, or home and community-based services provided pursuant to a waiver.
Prohibits the provision of self-directed personal assistamce services to individuals who reside in a home or property owned, operated, or controlled by a service provider not related by blood or marriage. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gender Advancement in Pay Act'' or
the ``GAP Act''.
SEC. 2. ENHANCED PROHIBITION ON WAGE DISCRIMINATION.
Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(d)) is amended--
(1) in paragraph (1)--
(A) in clause (iii), by striking ``or'' at the end;
(B) by redesignating clause (iv) as clause (vi);
(C) by inserting before clause (vi), as
redesignated by subparagraph (B) of this paragraph, the
following: ``(iv) a differential based on expertise;
(v) a shift differential; or''; and
(D) in clause (vi), as redesignated by subparagraph
(B) of this paragraph, by striking ``any other factor
other than sex'' and inserting ``a business-related
factor other than sex, including but not limited to
education, training, or experience'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) If a charge is filed by or on behalf of an employee for a
violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
et seq.), and an action is brought by or on behalf of the employee for
a violation of this subsection, with respect to the same practice, or
if an action is brought before the Equal Employment Opportunity
Commission by or on behalf of the employee for a violation of this
subsection, the statute of limitations for the action involved under
section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255) shall be
tolled until the earlier of--
``(A) the date on which the Equal Employment Opportunity
Commission or the Attorney General brings an action or provides
notification to the employee with respect to the charge under
section 706(f)(1) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-5(f)(1)); or
``(B) the date that is 270 days after the date on which
such charge is filed.''.
SEC. 3. NONRETALIATION PROVISION.
Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215)
is amended--
(1) in subsection (a)(3), by striking ``employee has
filed'' and all that follows and inserting ``employee--
``(A) has made a charge or filed any complaint or
instituted or caused to be instituted any
investigation, proceeding, hearing, or action under or
related to this Act, including an investigation
conducted by the employer, or has testified or is
planning to testify or has assisted or participated in
any manner in any such investigation, proceeding,
hearing, or action, or has served or is planning to
serve on an industry committee; or
``(B) has inquired about, discussed, or disclosed
the wages of the employee or another employee, or has
declined to discuss or disclose the wages of the
employee;''; and
(2) by adding at the end the following:
``(c)(1) Subsection (a)(3)(B) shall not apply to an instance in
which an employee who has access to the wage information of other
employees as a part of such employee's essential job functions
discloses the wages of any of such other employees to an individual who
does not otherwise have access to such information, unless such
disclosure is in response to a charge or complaint or in furtherance of
an investigation, proceeding, hearing, or action under or related to
section 6(d), including an investigation conducted by the employer.
``(2) Any employer who requires an employee to sign a contract or
waiver that would prohibit the employee from disclosing information
about the employee's wages shall be considered to have committed an
unlawful act under subsection (a)(3)(B).
``(3) Nothing in this subsection shall be construed to limit the
rights of an employee provided under any other provision of law.''.
SEC. 4. CIVIL PENALTY.
Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(e)) is amended--
(1) in paragraph (2)--
(A) by striking ``(2)'' and inserting ``(2)(A)'';
and
(B) by adding at the end the following:
``(B)(i) Any person who willfully violates section 6(d) shall be
subject to--
``(I) a civil penalty in an amount described in clause (ii)
for each employee affected (less the amount of any penalty the
person has paid under State law for the wage differential
involved); and
``(II) any penalty that may apply under subparagraph (A).
``(ii) The amount referred to in clause (i)(I) shall be--
``(I) for an employer with not more than 100 employees, the
lesser of the amount of the liquidated damages available under
subsection (b) or (c), or $2,500;
``(II) for an employer with not less than 101 and not more
than 200 employees, the lesser of the amount of the liquidated
damages available under subsection (b) or (c), or $5,000;
``(III) for an employer with not less than 201 and not more
than 500 employees, the lesser of the amount of the liquidated
damages available under subsection (b) or (c), or $10,000; and
``(IV) for an employer with not less than 501 employees,
the lesser of the amount of the liquidated damages available
under subsection (b) or (c), or $15,000.'';
(2) in paragraph (3), in the first sentence, by striking
``this subsection'' and inserting ``this subsection (other than
paragraph (2)(B)); and
(3) in paragraph (5)--
(A) in the first sentence, by striking ``violations
of section 12'' and inserting ``violations of section
6(d) or section 12''; and
(B) by inserting after the first sentence the
following: ``Civil penalties collected for violations
of section 6(d) shall be deposited in the account
created under section 5(d) of the GAP Act.''.
SEC. 5. STUDY ON HIGH-WAGE, HIGH-DEMAND OCCUPATIONS AND EQUIVALENT PAY.
(a) Joint Study.--Using funds from the account created under
subsection (d), the Secretary of Labor, together with the Secretary of
Education, shall conduct a multistate study, through a grant to a
nonprofit research institution, that includes strategies to increase
the participation of women in--
(1) high-wage, high-demand occupations; and
(2) industries in which women are underrepresented.
(b) Comptroller General Study.--Using funds from the account
created under subsection (d), the Comptroller General of the United
States shall conduct a multistate study to develop strategies described
in subsection (a).
(c) Reports.--Not later than 2 years after the date of enactment of
this Act--
(1) the Secretary of Labor and the Secretary of Education
shall submit to Congress a report containing--
(A) a statement of the findings and conclusions of
the study under subsection (a); and
(B) any recommendations the Secretary of Labor and
the Secretary of Education consider appropriate based
on their conclusions;
(2) the Comptroller General shall submit to Congress a
report containing--
(A) a statement of the findings and conclusions of
the study under subsection (b); and
(B) any recommendations the Comptroller General
considers appropriate based on its conclusions; and
(3) the Secretary of Labor, the Secretary of Education, and
the Comptroller General shall make available to the public the
reports described in this subsection.
(d) Accounts.--
(1) In general.--The Secretary of Labor shall create an
account to manage the funds required to conduct the studies
under subsections (a) and (b) and to complete the reports under
subsection (c). The account shall contain the civil penalties
collected under section 16(e)(2) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(e)(2)).
(2) Withdrawal of funds.--The Secretary of Labor is
authorized to withdraw funds from the account created under
subsection (d) to carry out the joint study under subsection
(a).
(3) Transfer of funds.--At the request of the Comptroller
General, the Secretary of Labor shall transfer to the
Comptroller General the funds required to carry out the study
under subsection (b).
SEC. 6. SMALL BUSINESS ASSISTANCE.
(a) Effective Date.--This Act and the amendments made by this Act
shall take effect on the date that is 6 months after the date of
enactment of this Act.
(b) Technical Assistance Materials.--The Secretary of Labor and the
Equal Employment Opportunity Commission shall jointly develop technical
assistance materials to assist small businesses in complying with the
requirements of this Act and the amendments made by this Act.
(c) Small Businesses.--A small business shall be exempt from the
provisions of this Act, and the amendments made by this Act, to the
same extent that such business is exempt from the requirements of the
Fair Labor Standards Act of 1938 pursuant to clauses (i) and (ii) of
section 3(s)(1)(A) of such Act (29 U.S.C. 203(s)(1)(A)).
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act, or in any amendment made by this Act, shall
affect the obligation of employers and employees to fully comply with
all applicable immigration laws, including any penalties, fines, or
other sanctions. | Gender Advancement in Pay Act or the GAP Act This bill amends the Fair Labor Standards Act of 1938 to expand exceptions to the prohibition against sex discrimination to include payments pursuant to a differential based on expertise, shift, or a business-related factor other than sex, including but not limited to education, training, or experience. The statute of limitations under the Portal-to-Portal Act of 1947 for a charge of prohibited sex discrimination, or an action by or on behalf of an employee for such discrimination, shall be tolled until the earlier of: (1) the date on which the Equal Employment Commission or the Department of Justice brings an action or notifies the employee concerned with respect to the charge under the Civil Rights Act of 1964, or (2) 270 days after the charge is filed. Nonretaliation prohibitions are extended to cover inquiring about, discussing, or disclosing the wages of an employee or of another employee, or declining to discuss or disclose the employee's wages, with specified exceptions. An employer shall be considered to have committed an unlawful act if the employer requires an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee's wages. Civil penalties are established for violation of prohibitions against sex discrimination. The Department of Labor, together with the Department of Education, shall conduct a multistate study, through a grant to a nonprofit research institution, that includes strategies to increase the participation of women in high-wage, high-demand occupations and industries in which women are underrepresented. The Government Accountability Office shall also conduct a multistate study to develop such strategies. | [
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] |
SECTION 1. CREDIT FOR INSTALLATION OF HYDROGEN FUELING STATIONS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:
``SEC. 30B. HYDROGEN-POWERED VEHICLE REFUELING PROPERTY CREDIT.
``(a) Credit Allowed.--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 the amount paid or incurred by the taxpayer during the
taxable year for the qualified hydrogen-powered vehicle refueling
property and the installation thereof.
``(b) Year Credit Allowed.--The credit allowed under subsection (a)
shall be allowed in the taxable year in which the qualified hydrogen-
powered vehicle refueling property is placed in service by the
taxpayer.
``(c) Definition of Qualified Hydrogen-Powered Vehicle Refueling
Property.--The term `qualified hydrogen-powered vehicle refueling
property' means any property (not including a building and its
structural components) if--
``(1) such property is of a character subject to the
allowance for depreciation,
``(2) the original use of such property begins with the
taxpayer, and
``(3) such property is for the production, storage, or
dispensing of hydrogen fuel into the fuel tank of a motor
vehicle propelled by such fuel.
``(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 for the taxable year reduced by the
sum of the credits allowable under subpart A and sections 27,
29, 30, and 30A, over
``(2) the tentative minimum tax for the taxable year.
``(e) Basis Reduction.--For purposes of this title, the basis of
any property shall be reduced by the portion of the cost of such
property taken into account under subsection (a).
``(f) No Double Benefit.--No deduction shall be allowed under
section 179A with respect to any property with respect to which a
credit is allowed under subsection (a).
``(g) Carryforward Allowed.--
``(1) In general.--If the credit amount allowable under
subsection (a) for a taxable year exceeds the amount of the
limitation under subsection (d) for such taxable year (referred
to as the `unused credit year' in this subsection), such excess
shall be allowed as a credit carryforward for each of the 20
taxable years following the unused credit year.
``(2) Rules.--Rules similar to the rules of section 39
shall apply with respect to the credit carryforward under
paragraph (1).
``(h) Special Rules.--Rules similar to the rules of paragraphs (4)
and (5) of section 179A(e) shall apply.
``(i) Regulations.--The Secretary shall prescribe such regulations
as necessary to carry out the provisions of this section.
``(j) Termination.--This section shall not apply to any property
placed in service after December 31, 2013.''.
(b) Conforming Amendments.--
(1) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (27), by striking the period at
the end of paragraph (28) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(29) to the extent provided in section 30B(e).''.
(2) Section 55(c)(2) of such Code is amended by inserting
``30B(d),'' after ``30(b)(3),''.
(3) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 30A the following new item:
``Sec. 30B. Hydrogen-powered vehicle refueling property credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service in taxable years beginning after
the date of the enactment of this Act.
SEC. 2. EXCLUSION OF EARNINGS FROM HYDROGEN FUEL SALES.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 136 the
following new section:
``SEC. 136A. INCOME FROM HYDROGEN FUEL SALES.
``(a) Exclusion.--Gross income shall not include income
attributable to the sale of hydrogen fuel sold at retail for use in a
hydrogen fuel cell vehicle.
``(b) Definition of Hydrogen Fuel Cell Vehicle.--For purposes of
this section, the term `hydrogen fuel cell vehicle' means a motor
vehicle (as defined in section 30(c)(2)) which is propelled by power
derived from 1 or more cells which convert chemical energy directly
into electricity by combining oxygen with hydrogen fuel which is stored
on board the vehicle in any form and may or may not require reformation
prior to use.
``(c) Termination.--This section shall not apply to income
attributable to sales after December 31, 2013.''.
(b) Conforming Amendment.--The table of sections for subpart B of
part III of subchapter B of chapter 1 of such Code is amended by
inserting after the item relating to section 136 the following new
item:
``Sec. 136A. Income from hydrogen fuel sales.''.
(c) Effective Date.--The amendments made by this section shall
apply to income received after December 31, 2003, in taxable years
ending after such date. | Amends the Internal Revenue Code to allow a tax credit for 50 percent of the cost of a qualified hydrogen-powered vehicle refueling property (defined as depreciable property used for the production, storage, or dispensing of hydrogen fuel into the fuel tank of a motor vehicle) and its installation.
Excludes from gross income amounts attributable to the sale of hydrogen fuel sold at retail for use in a hydrogen fuel cell vehicle. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Construction, Accountability, and Reform Act''.
SEC. 2. EXTENSION OF AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT TO
REPLACE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN
AURORA, COLORADO.
The Secretary of Veterans Affairs may carry out the major medical
facility project to replace the medical center of the Department of
Veterans Affairs in Aurora, Colorado, planned for under section 213(1)
of the Veterans Health Care, Capital Asset, and Business Improvement
Act of 2003 (Public Law 108-170; 117 Stat. 2049), in an amount not to
exceed a total of $1,730,000,000.
SEC. 3. PROHIBITION ON BONUSES UNTIL MAJOR MEDICAL FACILITY PROJECT TO
REPLACE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN
AURORA, COLORADO, IS OPERATIONAL.
(a) Prohibition on Bonuses During Fiscal Years 2015 and 2016.--
During fiscal years 2015 and 2016, the Secretary of Veterans Affairs
may not pay any bonus.
(b) Prohibition on Bonuses Until Operation of Medical Center.--If
the major medical facility project specified in section 2 to replace
the Department of Veterans Affairs Medical Center in Aurora, Colorado,
is not completed by September 30, 2016, the Secretary may not pay any
bonus until the date on which the Secretary certifies to the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives that such major medical
facility project is fully operational.
(c) Limitation on Bonuses.--During the fiscal year in which the
Secretary may begin to pay a bonus pursuant to subsection (b), and each
fiscal year thereafter through fiscal year 2024, the Secretary shall
ensure that the aggregate amount of bonuses paid by the Secretary
during each such fiscal year does not exceed $360,000,000.
(d) Bonus Defined.--In this subsection, the term ``bonus'' means
any bonus or award under chapter 45 or 53 of title 5, United States
Code, or any other bonus or award authorized under such title or title
38, United States Code.
(e) Conforming Repeal.--Section 705 of the Veterans Access, Choice,
and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note)
is repealed.
SEC. 4. MANAGEMENT OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER IN
AURORA, COLORADO.
(a) Transfer of Construction Agent Responsibilities.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall enter into an agreement with the Secretary of the Army,
acting through the Chief of Engineers, for the Army Corps of
Engineers to carry out, on a reimbursable basis, the design,
contract, construction management, and other similar services
for the Aurora medical facility project.
(2) Treatment of agreement.--The agreement entered into
under paragraph (1) shall be subject to subsections (b) through
(e) of section 1535 of title 31, United States Code.
(b) Duties.--
(1) In general.--Under the agreement entered into under
subsection (a), the Army Corps of Engineers may perform the
project, design, contract, and construction management
necessary to complete the work at the Aurora medical facility
project that is remaining as of the date of the enactment of
this Act.
(2) New contracts.--
(A) In general.--The authority under paragraph (1)
shall include the authority to enter into new contracts
in accordance with the Federal Acquisition Regulation
to fulfill construction agent responsibilities
associated with the Aurora medical facility project.
(B) Prime contractor.--The Secretary of the Army,
acting through the Chief of Engineers, shall determine
whether entering into a new contract agreement with the
prime contractor as of the date of the enactment of
this Act is consistent with the Federal Acquisition
Regulation and in the best interests of the Federal
Government.
(3) Information required.--In accordance with subsection
(d)(1), the Secretary of Veterans Affairs shall provide the
Army Corps of Engineers with the information needed to ensure
that the Army Corps of Engineers understands the requirements
for the successful operation of the Aurora medical facility
project.
(c) Plans and Reports.--
(1) Completion plans.--Not later than 60 days after
entering into the agreement under subsection (a), the Secretary
of Veterans Affairs, based upon the advice of the Army Corps of
Engineers provided under such agreement, shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives detailed
plans, including estimated costs, to complete construction of
the Aurora medical facility project.
(2) Progress reports.--Not later than 180 days after
entering into the agreement under subsection (a), and each 180-
day period thereafter until the date on which the Aurora
medical facility project is completed, the Secretary of
Veterans Affairs, based on the advice of the Army Corps of
Engineers provided under the agreement entered into under
subsection (a), shall submit to the Committees on Veterans'
Affairs of the House of Representatives and Senate a report
detailing the progress on the Aurora medical facility project.
(d) Cooperation.--
(1) Information.--The Secretary of Veterans Affairs shall
provide the Army Corps of Engineers with any documents or
information that the Army Corps of Engineers determines
necessary to carry out subsections (a) and (b).
(2) Assistance.--
(A) In general.--Upon request by the Army Corps of
Engineers, the Secretary of Veterans Affairs shall
provide to the Army Corps of Engineers any assistance
that the Army Corps of Engineers determines necessary
to carry out subsections (a) and (b).
(B) No cost.--Any assistance provided under
subparagraph (A) shall be at no cost to the Army Corps
of Engineers.
(e) Aurora Medical Facility Project Defined.--In this section, the
term ``Aurora medical facility project'' means the major medical
facility project specified in section 2 to replace the medical center
of the Department of Veterans Affairs in Aurora, Colorado.
SEC. 5. PROHIBITION ON SECRETARY OF VETERANS AFFAIRS CARRYING OUT MAJOR
MEDICAL FACILITY PROJECTS.
(a) Army Corps of Engineers.--Subchapter I of chapter 81 of title
38, United States Code, is amended by inserting after section 8103 the
following new section:
``Sec. 8103A. Authority of Army Corps of Engineers to carry out major
medical facility projects
``(a) Prohibition.--Notwithstanding any other provision of law, the
Secretary may not carry out any major medical facility project.
``(b) Army Corps of Engineers.--Notwithstanding any other provision
of law, the Secretary of the Army, acting through the Chief of
Engineers, shall carry out all major medical facility projects for the
Department.
``(c) Agreements.--(1) The Chief of Engineers shall enter into an
agreement with the Secretary of Veterans Affairs to carry out, on a
reimbursable basis, design, contract, construction management, and
similar services for major medical facility projects pursuant to
subsection (b).
``(2) Each agreement entered into under paragraph (1) shall be
subject to subsections (b) through (e) of section 1535 of title 31.
``(d) Duties.--(1) Under an agreement entered into under subsection
(c), the Army Corps of Engineers may perform the project, design,
contract, and construction management necessary to complete the major
medical facility project covered by the agreement, including entering
into new contracts in accordance with the Federal Acquisition
Regulation to fulfill construction agent responsibilities associated
with such project.
``(2) The Secretary shall provide the Army Corps of Engineers with
any documents or information needed for the Army Corps of Engineers to
carry out major medical facility projects pursuant to subsection (b).
``(3) Upon request by the Army Corps of Engineers, the Secretary
shall provide to the Army Corps of Engineers, at no cost to the Army
Corps of Engineers, any assistance that the Army Corps of Engineers
determines necessary to carry out major medical facility projects
pursuant to subsection (b).
``(e) Major Medical Facility Project Defined.--In this section, the
term `major medical facility project' has the meaning given that term
in section 8104(a)(3)(A) of this title.
``(f) Applicability.--This section shall apply with respect to any
major medical facility project that begins after the date of the
enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
8103 the following new item:
``8103A. Authority of Army Corps of Engineers to carry out
major medical facility projects.''.
(c) Conforming Amendments.--Title 38, United States Code, is
further amended--
(1) in section 312A(c)--
(A) in paragraph (1), by striking ``The Director
of'' and inserting ``Except as provided by section
8103A of this title, the Director of''; and
(B) in paragraph (2), by striking ``In carrying
out'' and inserting ``Except as provided by section
8103A of this title, in carrying out'';
(2) in section 8103(a), by striking ``section 8104'' and
inserting ``sections 8103A and 8104'';
(3) in section 8104, by adding at the end the following new
subsection:
``(i) The Secretary shall carry out this section in accordance with
section 8103A of this title, including with respect to obligating or
expending funds described in this section.''; and
(4) in section 8106--
(A) in subsection (a), by striking ``The Secretary
may'' and inserting ``Subject to section 8103A of this
title, the Secretary may'';
(B) in subsection (b)(1), by striking ``The
Secretary may'' and inserting ``Subject to section
8103A of this title, the Secretary may''; and
(C) in subsection (c), by inserting ``(except under
section 8103A)'' after ``this subchapter''.
SEC. 6. COMPTROLLER GENERAL REPORT ON MANAGEMENT OF DEPARTMENT OF
VETERANS AFFAIRS MEDICAL CENTER IN AURORA, COLORADO.
(a) Review.--
(1) In general.--The Comptroller General of the United
States shall review the management by the Secretary of Veterans
Affairs of the Aurora medical facility project, including with
respect to the thoroughness and accuracy of the investigation
into mismanagement conducted by the administrative
investigation board established by the Secretary.
(2) Elements.--The review required under paragraph (1)
shall include a review of the following:
(A) Any potential misconduct or criminal activity
committed by employees of the Department of Veterans
Affairs that may have contributed to the significant
cost overruns of the Aurora medical facility project.
(B) When senior officials of the Department knew,
or should have known, that such project was likely to
incur significant cost overruns.
(C) The justification of the Secretary for
withholding from Congress any information relating to
the significant cost overruns of such project.
(b) Report.--Not later than 180 days after the date on which the
Secretary of Veterans Affairs concludes the investigation conducted by
the administrative investigation board described in subsection (a), the
Comptroller General of the United States shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a report containing the results
of the review required under such subsection.
(c) Aurora Medical Facility Project Defined.--In this section, the
term ``Aurora medical facility project'' means the major medical
facility project specified in section 2 to replace the medical center
of the Department of Veterans Affairs in Aurora, Colorado.
SEC. 7. NOTIFICATION TO CONGRESS FOR USE OF FUNDS FOR MAJOR MEDICAL
FACILITY PROJECTS THAT EXCEED AUTHORIZED AMOUNTS.
Section 8104(c) of title 38, United States Code, is amended by
striking ``30 days'' and inserting ``120 days''. | Department of Veterans Affairs Construction, Accountability, and Reform Act This bill authorizes the Secretary of Veterans Affairs (VA) to carry out the Aurora medical facility project to replace the VA Medical Center in Aurora, Colorado. The Secretary may not pay any bonus during FY2015-FY2016. If the project to replace the VA Medical Center in Aurora, Colorado, is not completed by September 30, 2016, the Secretary may not pay any bonus until the date on which the Secretary certifies to Congress that such major medical facility project is fully operational. The aggregate amount of subsequent fiscal year bonuses is capped through FY2024. The Secretary shall enter into an agreement with the Secretary of the Army for the Army Corps of Engineers to carry out the design, contract, construction management, and other similar services for the Aurora project. The Secretary is prohibited from carrying out any major medical facility project. The Secretary of the Army, through the Chief of Engineers, shall carry out all major medical facility projects for the Department. The Government Accountability Office shall review the Secretary's management of the Aurora project. The Secretary must notify Congress at least 120 days (currently at least 30 days) before obligating funds for major medical facility projects that exceed authorized amounts. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Food Assistance
Improvement Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) For more than 55 years the United States, backed by the
support of the American people, has been committed to providing
life-saving food assistance to developing countries and
vulnerable populations around the world.
(2) As the largest donor of international food assistance,
an essential tool in tackling malnutrition, the United States
can lead the way in improving food aid quality to better target
undernourished women and children.
(3) The United States contributes over one-half of all food
aid supplies to alleviate hunger and support development and
plays an important role in responding to emergency food aid
needs and ensuring global food security.
(4) Over the past decade, increasing food prices and
protracted humanitarian crises around the world have made
United States food assistance even more critical and relevant.
At the same time, these factors, combined with advancements in
nutrition science, as well as severe and ongoing fiscal
constraints, have led to an increased demand by policymakers
and program implementers for new specially formulated and cost-
effective products to meet the nutritional needs of the world's
most vulnerable populations.
(5) While United States food assistance is effective in
providing critical calories and nutrients to millions of people
during short-term emergencies, the long-term impacts of these
programs have also been increasingly called into question for
not meeting the nutritional needs of recipient populations.
(6) Reducing maternal and child malnutrition, especially in
the critical 1,000 days between pregnancy and age 2, is a key
priority of United States global food security and health
initiatives, including food aid.
(7) Recent reports by the Government Accountability Office
and the United States Agency for International Development
recommended over 35 changes to United States food aid products
and programs to improve the nutritional quality, quality
control, and cost effectiveness of United States food
assistance.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) even in this time of fiscal austerity, the American
people support the United States Government's historic
commitment to providing life-saving food assistance to the
world's most vulnerable populations;
(2) high food prices, coupled with growing constraints on
available resources for foreign assistance require the United
States Government to focus on creating efficiencies, improving
quality controls, and maximizing cost-effectiveness and
nutritional impact of United States food assistance programs;
(3) improving maternal and child health with supplemental
nutrition products is a central objective of international food
assistance programs; and
(4) the United States has shown considerable leadership in
meeting the nutrition needs of pregnant women and small
children through the 1,000 Days Partnership to support the
Scaling Up Nutrition (SUN) movement.
SEC. 4. PROVISION OF AGRICULTURAL COMMODITIES.
Section 202(h) of the Food for Peace Act (7 U.S.C. 1722(h)) is
amended by striking paragraph (1) and inserting the following:
``(1) In general.--The Administrator shall use funds made
available in fiscal year 2012 and subsequent fiscal years to
carry out this title to improve the nutritional quality of
United States food assistance, particularly for vulnerable
groups such as pregnant and lactating mothers, children under
the age of five, with a focus on the cost-effective 1,000 days
between pregnancy and age 2, when appropriate, and
beneficiaries under the President's Emergency Fund for AIDS
Relief in Africa (PEPFAR), including by--
``(A) adopting new specifications or improving
existing specifications for micronutrient fortified
food aid products, based on the latest developments in
food and nutrition science;
``(B) strengthening necessary systems to better
assess the types and quality of agricultural
commodities and products donated for food assistance;
``(C) adjusting products and formulations,
including potential introduction of new fortificants
and products, as necessary to cost effectively meet
nutrient needs of target populations;
``(D) testing prototypes;
``(E) developing new program guidance to facilitate
improved matching of products to purposes having
nutritional intent, including an updated commodity
reference guide and decision tools;
``(F) developing enhanced guidance, in coordination
with the Coordinator of United States Government
Activities to Combat HIV/AIDS Globally and PEPFAR, to
support the allocation of food commodities and products
for nutrition support in HIV programming, using
standardized indicators of impact;
``(G) providing improved guidance to implementing
partners on how to address nutritional deficiencies
that emerge among recipients for whom food assistance
is the sole source of diet in emergency programs that
extend beyond one year;
``(H) considering options for using United States-
produced food fortification packages, including vitamin
and mineral mixes, to fortify local foods in recipient
countries, as appropriate; and
``(I) evaluating, in appropriate program settings
and as necessary, the performance and cost-
effectiveness of new or modified specialized food
products and program approaches designed to meet the
nutritional needs of the most vulnerable groups.''.
SEC. 5. FOOD AID CONSULTATIVE GROUP.
(a) Membership.--Section 205(b) of the Food for Peace Act (7 U.S.C.
1725(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(8) nutrition science experts from academia and
nongovernmental organizations.''.
(b) Coordination and Oversight.--Section 205 of the Food for Peace
Act (7 U.S.C. 1725) is amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Coordination and Oversight.--
``(1) In general.--The Administrator shall work within the
Group to take the actions described in paragraph (2) to
increase coordination and oversight of food assistance programs
established and implemented under this Act, with a primary
focus on improving quality control and cost effectiveness.
``(2) Actions described.--The actions referred to in
paragraph (1) are the following:
``(A) Explore and test options for improved
packaging and storage of products to improve shelf
life, promote recommended usage by intended
beneficiaries, and oversee field-testing of products.
``(B) Work closely with the Department of
Agriculture, to undertake reforms in commodity
acquisition and supply chain management, drawing on
best commercial practices for vendor selection, quality
assurance standards, overall management of the supply
chain, and auditing of food aid commodity suppliers.
``(C) Develop mechanisms and partnerships to
facilitate more private sector development and
innovation in food aid products, packaging, and
delivery in order to improve the cost-effectiveness,
nutritional quality, and overall acceptability of the
product.
``(D) Provide guidance to implementing partners on
whether and how best to use food aid commodities, such
as new specialized food products, including guidance on
targeting strategies to ensure that the products reach
their intended recipients.
``(E) As appropriate, work to strengthen monitoring
of commodity quality by identifying and tracking key
quality indicators to determine the full extent of
quality problems, including emerging concerns.
``(F) Establish processes and system-wide protocols
for effective monitoring and evaluation of impact, to
inform improved program design and address improving
cost-effectiveness.''.
SEC. 6. STRATEGY AND REPORT.
(a) Strategy.--The Administrator shall ensure that any United
States Government strategy relating to global food security includes a
description of how food assistance programs carried out under the Food
for Peace Act will contribute to, and be integrated with, such
strategy.
(b) Report.--The Administrator shall ensure that comprehensive
information regarding budgets and expenditures, monitoring and
evaluation, policy, and coordination of food assistance programs
carried out under the Food for Peace Act is included, as appropriate,
in relevant reports submitted to Congress pursuant to the Foreign
Assistance Act of 1961 and Acts making appropriations for the
Department of State, foreign operations, and related programs.
SEC. 7. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
SEC. 8. FUNDING.
Nothing in this Act or any amendment made by this Act shall be
construed to authorize the appropriation of amounts to carry out this
Act or any amendment made by this Act. | International Food Assistance Improvement Act of 2012 - Amends the Food for Peace Act to direct the Administrator of the U.S. Agency for International Development (USAID) to: (1) improve the nutritional quality of U.S. food assistance, particularly for groups such as pregnant and lactating mothers, children under the age of five, and beneficiaries under the President's Emergency Fund for AIDS Relief in Africa; and (2) work within the Food Aid Consultative Group to increase coordination and oversight of food assistance programs. | [
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SECTION 1. TEMPORARY DUTY REDUCTIONS FOR CERTAIN COTTON SHIRTING
FABRIC.
(a) Certain Cotton Shirting Fabrics.--
(1) 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 headings:
`` 9902.52.08 Woven fabrics of Free No change No change On or before 12/
cotton, of a type 31/2008
described in
subheading
5208.21, 5208.22,
5208.29, 5208.31,
5208.32, 5208.39,
5208.41, 5208.42,
5208.49, 5208.51,
5208.52, or
5208.59 of average
yarn number
exceeding 135
metric, other than
fabrics provided
for in heading
9902.52.09,
certified by the
importer to be
suitable for use
in men's and boys'
shirts, the
foregoing imported
by or for the
benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S.
Notes 18 and 19 of
this subchapter...
9902.52.09 Woven fabrics of Free No change No change On or before 12/
cotton of a type 31/2008 ''
described in .
subheading
5208.21, 5208.22,
5208.29, 5208.31,
5208.32, 5208.39,
5208.41, 5208.42,
5208.49, 5208.51,
5208.52, or
5208.59 of average
yarn number
exceeding 135
metric, certified
by the importer to
be wholly of pima
cotton grown in
the United States
and to be suitable
for use in men's
and boys' shirts,
the foregoing
imported by or for
the benefit of a
manufacturer of
men's and boys'
shirts under the
terms of U.S. Note
18 of this
subchapter........
(2) Definitions and limitation on quantity of imports.--The
U.S. Notes to subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States are amended by adding at
the end the following:
``18. For purposes of headings 9902.52.08 and 9902.52.09, the term
``manufacturer'' means a person or entity that cuts and sews
men's and boys' shirts in the United States.
``19. The aggregate quantity of fabrics entered under heading
9902.52.08 from January 1 to December 31 of each year,
inclusive, by or on behalf of each manufacturer of men's and
boys' shirts shall be limited to 85 percent of the total square
meter equivalents of all imported woven fabrics of cotton
containing 85 percent or more by weight of cotton used by such
manufacturer in cutting and sewing men's and boys' cotton
shirts in the United States and purchased by such manufacturer
during calendar year 2000.''.
(b) Determination of Tariff-Rate Quotas.--
(1) Authority to issue licenses and license use.--In order
to implement the limitation on the quantity of cotton woven
fabrics that may be entered under heading 9902.52.08 of the
Harmonized Tariff Schedule of the United States, as required by
U.S. Note 19 to subchapter II of chapter 99 of such Schedule,
the Secretary of Commerce shall issue licenses to eligible
manufacturers under such heading 9902.52.08, specifying the
restrictions under each such license on the quantity of cotton
woven fabrics that may be entered each year by or on behalf of
the manufacturer. A licensee may assign the authority (in whole
or in part) under the license to import fabric under subheading
9902.52.08 of such Schedule.
(2) Licenses under u.s. note 19.--For purposes of U.S. Note
19 to subchapter II of chapter 99 of the Harmonized Tariff
Schedule of the United States, the Secretary of Commerce shall
issue a license to a manufacturer within 60 days after the
manufacturer files with the Secretary of Commerce an
application containing a notarized affidavit from an officer of
the manufacturer that the manufacturer is eligible to receive a
license and stating the quantity of imported woven fabrics of
cotton containing 85 percent or more by weight of cotton
purchased during calendar year 2000 for use in the cutting and
sewing of men's and boys' shirts in the United States.
(3) Affidavits.--For purposes of an affidavit described in
this subsection, the date of purchase shall be--
(A) the invoice date if the manufacturer is not the
importer of record; and
(B) the date of entry if the manufacturer is the
importer of record.
SEC. 2. COTTON TRUST FUND.
(a) Establishment of Trust Fund.--
(1) In general.--There is established in the Treasury of
the United States a trust fund to be known as the ``Pima Cotton
Trust Fund'' (in this section referred to as the ``Trust
Fund''), consisting of such amounts as may be transferred to
the Trust Fund under paragraph (2).
(2) Transfer of amounts.--
(A) In general.--Beginning October 1, 2006, the
Secretary of the Treasury shall transfer to the Trust
Fund, from the general fund of the Treasury, amounts
determined by the Secretary of the Treasury to be
equivalent to the amounts received in the general fund
that are attributable to duties received since January
1, 1994, on articles under subheadings 5208.21.60,
5208.22.80, 5208.29.80, 5208.31.80, 5208.32.50,
5208.39.80, 5208.41.80, 5208.42.50, 5208.49.80,
5208.51.80, 5208.52.50, 5208.59.80, 5210.21.80, and
5210.31.80 of the Harmonized Tariff Schedule of the
United States, subject to the limitation in
subparagraph (B).
(B) Limitation.--The Secretary may not transfer
more than $16,000,000 to the Trust fund in any fiscal
year, and may not transfer any amount beginning on or
after October 1, 2008.
(3) Distribution of funds.--From amounts in the Trust Fund,
the Commissioner of the Bureau of Customs and Border Protection
shall make the following payments annually beginning in fiscal
year 2007:
(A) 25 percent of the amounts in the Trust Fund
shall be paid annually to a nationally recognized
association established for the promotion of pima
cotton grown in the United States for the use in
textile and apparel goods.
(B) 25 percent of the amounts in the Trust Fund
shall be paid annually to yarn spinners of pima cotton
grown in the United States, and shall be allocated to
each spinner in an amount that bears the same ratio
as--
(i) the spinner's production of ring spun
cotton yarns, measuring less than 83.33 decitex
(exceeding 120 metric number) from pima cotton
grown in the United States in single and plied
form during calendar year 2002 (as evidenced by
an affidavit provided by the spinner) bears
to--
(ii) the production of the yarns described
in clause (i) during calendar year 2002 for all
spinners who qualify under this subparagraph.
(C) 50 percent of the amounts in the Trust Fund
shall be paid annually to those manufacturers who cut
and sew cotton shirts in the United States who certify
that they used imported cotton fabric during the period
January 1, 1998, through July 1, 2003, and shall be
allocated to each such manufacturer in an amount that
bears the same ratio as--
(i) the dollar value (excluding duty,
shipping, and related costs) of imported woven
cotton shirting fabric of 80s or higher count
and 2-ply in warp purchased by the manufacturer
during calendar year 2002 (as evidenced by an
affidavit from the manufacturer that meets the
requirements of paragraph (4)) used in the
manufacturing of men's and boys' cotton shirts,
bears to--
(ii) the dollar value (excluding duty,
shipping, and related costs) of the fabric
described in clause (i) purchased during
calendar year 2002 by all manufacturers who
qualify under this subparagraph.
(4) Affidavit of shirting manufacturers.--The affidavit
required by paragraph (3)(C) is a notarized affidavit provided
by an officer of the manufacturer of men's and boys' shirts
concerned that affirms--
(A) that the manufacturer used imported cotton
fabric during the period January 1, 1998, through July
1, 2003, to cut and sew men's and boys' woven cotton
shirts in the United States;
(B) the dollar value of imported woven cotton
shirting fabric of 80s or higher count and 2-ply in
warp purchased during calendar year 2002;
(C) that the manufacturer maintains invoices along
with other supporting documentation (such as price
lists and other technical descriptions of the fabric
qualities) showing the dollar value of such fabric
purchased, the date of purchase, and evidencing the
fabric as woven cotton fabric of 80s or higher count
and 2-ply in warp; and
(D) that the fabric was suitable for use in the
manufacturing of men's and boys' cotton shirts.
(5) Date of purchase.--For purposes of the affidavit under
paragraph (4), the date of purchase shall be the invoice date,
and the dollar value shall be determined excluding duty,
shipping, and related costs.
(6) Affidavit of yarn spinners.--The affidavit required by
paragraph (3)(B) is a notarized affidavit provided by an
officer of the producer of ring spun yarns that affirms--
(A) that the producer used pima cotton grown in the
United States during the period January 1, 2002,
through December 31, 2002, to produce ring spun cotton
yarns, measuring less than 83.33 decitex (exceeding 120
metric number), in single and plied form during 2002;
(B) the quantity, measured in pounds, of ring spun
cotton yarns, measuring less than 83.33 decitex
(exceeding 120 metric number), in single and plied form
during calendar year 2002; and
(C) that the producer maintains supporting
documentation showing the quantity of such yarns
produced, and evidencing the yarns as ring spun cotton
yarns, measuring less than 83.33 decitex (exceeding 120
metric number), in single and plied form during
calendar year 2002.
(7) No appeal.--Any amount paid by the Commissioner of the
Bureau of Customs and Border Protection under this section
shall be final and not subject to appeal or protest. | Amends the Harmonized Tariff Schedule of the United States (HTSUS) to reduce, through December 31, 2008 , the duty on certain cotton shirting fabrics.
Limits the quantity of imported cotton woven fabric entered by or on behalf of each manufacturer of men's and boy's shirts. Provides for the issuance of import licenses subject to such limitation.
Establishes the Pima Cotton Trust Fund within the Treasury, consisting of transfers from the general fund in amounts attributable to the duty received since January 1, 1994, on woven fabrics of cotten under specified HTSUS headings.
Provides for annual distribution of amounts from such Fund to a nationally recognized association of shirting manufacturers for the promotion of U.S.-grown pima cotton, and to yarn spinners of such cotton. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pueblo of Isleta Settlement and
Natural Resources Restoration Act of 2006''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) there is pending before the United States Court of
Federal Claims a civil action filed by the Pueblo against the
United States in which the Pueblo seeks to recover damages
pursuant to the Isleta Jurisdictional Act;
(2) the Pueblo and the United States, after a diligent
investigation of the Pueblo claims, have negotiated a
Settlement Agreement, the validity and effectiveness of which
is contingent on the enactment of enabling legislation;
(3) certain land of the Pueblo is waterlogged, and it would
be to the benefit of the Pueblo and other water users to drain
the land and return water to the Rio Grande River; and
(4) there is Pueblo forest land in need of remediation in
order to improve timber yields, reduce the threat of fire,
reduce erosion, and improve grazing conditions.
(b) Purposes.--The purposes of this Act are--
(1) to improve the drainage of the irrigated land, the
health of the forest land, and other natural resources of the
Pueblo; and
(2) to settle all claims that were raised or could have
been raised by the Pueblo against the United States under the
Isleta Jurisdictional Act in accordance with section 5.
SEC. 3. DEFINITIONS.
In this Act:
(1) Isleta jurisdictional act.--The term ``Isleta
Jurisdictional Act'' means Public Law 104-198 (110 Stat. 2418).
(2) Pueblo.--The term ``Pueblo'' means the Pueblo of
Isleta, a federally-recognized Indian tribe.
(3) Restoration fund.--The term ``Restoration Fund'' means
the Pueblo of Isleta Natural Resources Restoration Fund
established by section 4(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Settlement agreement.--The term ``Settlement
Agreement'' means the Agreement of Compromise and Settlement
entered into between the United States and the Pueblo dated
July 12, 2005, as modified by the Extension and Modification
Agreement executed by the United States and the Pueblo on June
22, 2006, to settle the claims of the Pueblo in Docket No. 98-
166L, a case pending in the United States Court of Federal
Claims.
SEC. 4. PUEBLO OF ISLETA NATURAL RESOURCES RESTORATION TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund, to be known as the ``Pueblo of Isleta
Natural Resources Restoration Fund'', consisting of--
(1) such amounts as are transferred to the Restoration Fund
under subsection (b); and
(2) any interest earned on investment of amounts in the
Restoration Fund under subsection (d).
(b) Transfers to Restoration Fund.--Upon entry of the final
judgment described in section 5(b), there shall be transferred to the
Restoration Fund, in accordance with conditions specified in the
Settlement Agreement and this Act--
(1) $32,838,750 from the permanent judgment appropriation
established pursuant to section 1304 of title 31, United States
Code; and
(2) in addition to the amounts transferred under paragraph
(1), at such times and in such amounts as are specified for
that purpose in the annual budget of the Department of the
Interior, authorized to be appropriated by subsection (f), and
made available by an Act of appropriation, a total of
$7,200,000.
(c) Distribution of Amounts From Restoration Fund.--
(1) Appropriated amounts.--
(A) In general.--Subject to paragraph (3), upon the
request of the Pueblo, the Secretary shall distribute
amounts deposited in the Restoration Fund pursuant to
section V of the Settlement Agreement and subsection
(b)(2), in accordance with the terms and conditions of
the Settlement Agreement and this Act, on the condition
that the Secretary, before any such distribution,
receives from the Pueblo such assurances as are
satisfactory to the Secretary that--
(i) the Pueblo shall deliver funds in the
amount of $7,100,000 toward drainage and
remediation of the agricultural land and
rehabilitation of forest and range land of the
Pueblo in accordance with section IV(C) and
IV(D) of the Settlement Agreement; and
(ii) those funds shall be available for
expenditure for drainage and remediation
expenses as provided in sections IV(C) and
IV(D) of the Settlement Agreement on the dates
on which the Secretary makes distributions, and
in amounts equal to the amounts so distributed,
in accordance with sections IV(A) and IV(B) of
the Settlement Agreement.
(B) Use of funds.--Of the amounts distributed by
the Secretary from the Restoration Fund under
subparagraph (A)--
(i) $5,700,000 shall be available to the
Pueblo for use in carrying out the drainage and
remediation of approximately 1,081 acres of
waterlogged agricultural land, as described in
section IV(A) of the Settlement Agreement; and
(ii) $1,500,000 shall be available to the
Pueblo for use in carrying out the
rehabilitation and remediation of forest and
range land, as described in section IV(B) of
the Settlement Agreement.
(C) Federal consultation.--Restoration work carried
out using funds distributed under this paragraph shall
be planned and performed in consultation with--
(i) the Bureau of Indian Affairs; and
(ii) such other Federal agencies as are
necessary.
(D) Unused funds.--Any funds, including any
interest income, that are distributed under this
paragraph but that are not needed to carry out this
paragraph shall be available for use in accordance with
paragraph (2)(A).
(2) Amounts from judgment fund.--
(A) In general.--Subject to paragraph (3), the
amount paid into the Restoration Fund under subsection
(b)(1), and interest income resulting from investment
of that amount, shall be available to the Pueblo for--
(i) the acquisition, restoration,
improvement, development, and protection of
land, natural resources, and cultural resources
within the exterior boundaries of the Pueblo,
including improvements to the water supply and
sewage treatment facilities of the Pueblo; and
(ii) for the payment and reimbursement of
attorney and expert witness fees and expenses
incurred in connection with Docket No. 98-166L
of the United States Court of Federal Claims,
as provided in the Settlement Agreement.
(B) No contingency on provision of funds by
pueblo.--The receipt and use of funds by the Pueblo
under this paragraph shall not be contingent upon the
provision by the Pueblo of the funds described in
paragraph (1)(A)(i).
(3) Expenditures and withdrawal.--
(A) Tribal management plan.--
(i) In general.--Subject to clause (ii),
the Pueblo may withdraw all or part of the
Restoration Fund on approval by the Secretary
of a tribal management plan in accordance with
section 202 of the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4022).
(ii) Requirements.--In addition to the
requirements under the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.), a tribal management plan
described in clause (i) shall require that the
Pueblo shall expend any funds withdrawn from
the Restoration Fund under this paragraph in a
manner consistent with the purposes described
in the Settlement Agreement.
(B) Enforcement.--The Secretary may take judicial
or administrative action to enforce the provisions of
any tribal management plan described in subparagraph
(A)(i) to ensure that any funds withdrawn from the
Restoration Fund under this paragraph are used in
accordance with this Act.
(C) Liability.--If the Pueblo exercises the right
to withdraw funds from the Restoration Fund under this
paragraph, neither the Secretary nor the Secretary of
the Treasury shall retain any liability for the
accounting, disbursement, or investment of the funds
withdrawn.
(D) Expenditure plan.--
(i) In general.--The Pueblo shall submit to
the Secretary for approval an expenditure plan
for any portion of the funds in the Restoration
Fund made available under this Act that the
Pueblo does not withdraw under this paragraph.
(ii) Description.--The expenditure plan
shall describe the manner in which, and the
purposes for which, funds of the Pueblo
remaining in the Restoration Fund will be used.
(iii) Approval.--On receipt of an
expenditure plan under clause (i), the
Secretary shall approve the plan if the
Secretary determines that the plan is
reasonable and consistent with this Act and the
Settlement Agreement.
(E) Annual report.--The Pueblo shall submit to the
Secretary an annual report that describes expenditures
from the Restoration Fund during the year covered by
the report.
(d) Maintenance and Investment of Restoration Fund.--
(1) In general.--The Restoration Fund and amounts in the
Restoration Fund shall be maintained and invested by the
Secretary of the Interior pursuant to the first section of the
Act of June 24, 1938 (52 Stat. 1037, chapter 648).
(2) Credits to restoration fund.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the Restoration Fund shall be credited to, and form a part
of, the Restoration Fund.
(e) Prohibition on Per-Capita Payments.--No portion of the amounts
in the Restoration Fund shall be available for payment on a per-capita
basis to members of the Pueblo.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Restoration Fund $7,200,000.
SEC. 5. RATIFICATION OF SETTLEMENT, DISMISSAL OF LITIGATION, AND
COMPENSATION TO PUEBLO.
(a) Ratification of Settlement Agreement.--The Settlement Agreement
is ratified.
(b) Dismissal.--Not later than 90 days after the date of enactment
of this Act, the Pueblo and the United States shall execute and file a
joint stipulation for entry of final judgment in the case of Pueblo of
Isleta v. United States, Docket 98-166L, in the United States Court of
Federal Claims in such form and such manner as are acceptable to the
Attorney General and the Pueblo.
(c) Compensation.--After the date of enactment of this Act, in
accordance with the Settlement Agreement, and upon entry of the final
judgment described in subsection (b)--
(1) compensation to the Pueblo shall be paid from the
permanent judgment appropriation established pursuant to
section 1304 of title 31, United States Code, in the total
amount of $32,838,750 for all monetary damages and attorney
fees, interest, and any other fees and costs of any kind that
were or could have been presented in connection with Docket No.
98-166L of the United States Court of Federal Claims; but
(2) the Pueblo shall retain all rights, including the right
to bring civil actions based on causes of action, relating to
the removal of ordnance under--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the Defense Environmental Restoration Program
under section 2701 of title 10, United States Code; and
(C) any contract entered into by the Pueblo for the
removal of ordnance.
(d) Other Limitations on Use of Funds.--The Indian Tribal Judgment
Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) shall not apply
to funds distributed or withdrawn from the Restoration Fund under this
Act.
(e) No Effect on Land, Resources, or Water Rights.--Nothing in this
Act affects the status of land and natural resources of the Pueblo or
any water right of the Pueblo. | Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006 - Establishes in the Treasury the Pueblo of Isleta Natural Resources Restoration Fund for: (1) settlement of the claims of the Pueblo of Isleta; and (2) the acquisition, restoration, improvement, development, and protection of land, natural resources, and cultural resources within the exterior boundaries of the Pueblo. Provides for the maintenance and investment of the restoration fund.
Ratifies the Agreement of Compromise and Settlement entered into between the United States and the Pueblo on July 12, 2005, as modified by the Extension and Modification Agreement executed by the United States and the Pueblo on June 22, 2006, to settle the claims in the case of Pueblo of Isleta v. United States, Docket No. 98-166L, pending in the U.S. Court of Federal Claims.
Directs the Pueblo and the United States to execute and file a joint stipulation for entry of final judgment in dismissal of such case.
Provides for the payment of compensation to the Pueblo from the permanent judgment appropriation for all monetary damages and attorney fees, interest, and other fees and costs of any kind that were or could have been presented in connection with Docket No. 98-166L. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard and Reserve Education
Act of 2004''.
SEC. 2. INCREASE IN RATE OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE
SELECTED RESERVE AS ADMINISTERED BY THE SECRETARY OF
VETERANS AFFAIRS.
(a) Increase in Rate of Assistance.--Subsection (b)(1) of section
16131 of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``$251'' and inserting
``$400'';
(2) by striking subparagraphs (B) and (C);
(3) by redesignating subparagraph (D) as subparagraph (B);
and
(4) in subparagraph (B), as so redesignated, by striking
``for each month of less than half-time pursuit'' and inserting
``for each month of less than full-time pursuit''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to months beginning after the date of the enactment
of this Act.
(c) No CPI Adjustment for Fiscal Year 2005.--Paragraph (2) of
section 16131(b) of such title shall not apply to rates of basic
educational assistance paid under such section during fiscal year 2005.
SEC. 3. PAYMENT OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED
RESERVE CALLED UP FOR SERVICE FOR CUMULATIVE PERIOD OF
180 DAYS OR MORE AT THE RATE APPLICABLE UNDER CHAPTER 30
OF TITLE 38, UNITED STATES CODE.
(a) Increase.--Section 16131 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(j)(1) In the case of a person described in paragraph (2), the
rate payable under subsection (b) or subsection (c) to such person for
such educational assistance for each month shall be paid at the rate
applicable under section 3015(b) of title 38.
``(2) A person referred to in paragraph (1) is a person who is
entitled to educational assistance under this chapter--
``(A) who, on or after September 11, 2001, serves a period
of active duty of at least 180 days of active duty pursuant to
an order to serve on active duty under section 12301(a),
12301(d), 12301(g), 12302, or 12304 of this title during a five
year period, or
``(B) in the case of a member of the Army National Guard of
the United States or Air National Guard of the United States,
who, on or after September 11, 2001, performed full time
National Guard duty under section 502(f) of title 32 for at
least 180 days during a five year period when authorized by the
President or Secretary of Defense for the purpose of responding
to a national emergency declared by the President and supported
by Federal funds.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to payments of educational assistance under chapter
1606 of such title for months beginning after September 30, 2004.
SEC. 4. MODIFICATION OF DELIMITING DATE FOR USE OF ENTITLEMENT.
(a) In General.--Section 16133 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)''; and
(2) by adding at the end the following new subsection:
``(c) In the case of a person described in section 16131(j)(2) of
this title, the period during which such person may use such person's
entitlement to educational assistance under this chapter expires at the
end of the 14-year period beginning on the date that is the last day of
the person's last duty referred to in such section.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on September 30, 2004, and shall apply to members of the
Selected Reserve entitled to educational assistance under chapter 1606
of title 10, United States Code, on or after that date.
SEC. 5. AUTHORITY FOR MEMBERS OF THE SELECTED RESERVE ENTITLED TO
RETIRED PAY TO TRANSFER ENTITLEMENT TO BASIC EDUCATIONAL
ASSISTANCE.
(a) Establishment of Authority to Transfer Entitlement.--(1)
Chapter 1606 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 16138. Transfer of entitlement to basic educational assistance
by members of the Selected Reserve entitled to retired
pay
``(a) In General.--Subject to the provisions of this section, each
Secretary concerned may permit an individual described in subsection
(b) who is entitled to basic educational assistance under this chapter
to elect to transfer to one or more of the dependents specified in
subsection (c) a portion of such individual's entitlement to such
assistance.
``(b) Eligible Individuals.--An individual referred to in
subsection (a) is an individual who--
``(1) is entitled to retired pay under chapter 1223; and
``(2) is entitled to educational assistance under this
chapter.
``(c) Eligible Dependents.--An individual approved to transfer an
entitlement to basic educational assistance under this section may
transfer the individual's entitlement as follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(d) Designation of Transferee.--An individual transferring an
entitlement to basic educational assistance under this section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred;
``(2) designate the number of months of such entitlement to
be transferred to each such dependent; and
``(3) specify the period for which the transfer shall be
effective for each dependent designated under paragraph (1).
Each designation under this section shall be made in writing and shall
be transmitted to the Secretary concerned and the Secretary of Veterans
Affairs.
``(e) Time for Transfer; Revocation and Modification.--(1) Subject
to the time limitation for use of entitlement under section 16133 of
this title, an individual approved to transfer entitlement to basic
educational assistance under this section may transfer such entitlement
at any time after the approval of the individual's request to transfer
such entitlement without regard to whether the individual is a member
of the Armed Forces when the transfer is executed.
``(2)(A) An individual transferring entitlement under this section
may modify or revoke at any time the transfer of any unused portion of
the entitlement so transferred.
``(B) The modification or revocation of the transfer of entitlement
under this paragraph shall be made by the submittal of written notice
of the action to both the Secretary concerned and the Secretary of
Veterans Affairs.
``(f) Commencement of Use.--In the case of entitlement transferred
to a child to whom entitlement to basic educational assistance is
transferred under this section, the child may not commence the use of
the transferred entitlement until either--
``(1) the completion by the child of the requirements of a
secondary school diploma (or equivalency certificate); or
``(2) the attainment by the child of 18 years of age.
``(g) Additional Administrative Matters.--(1) The use of any
entitlement to basic educational assistance transferred under this
section shall be charged against the entitlement of the individual
making the transfer at the rate of one month for each month of
transferred entitlement that is used.
``(2) Except as provided under subsection (d)(2) and subject to
paragraphs (4) and (5), a dependent to whom entitlement is transferred
under this section is entitled to basic educational assistance under
this chapter in the same manner and at the same rate as the individual
from whom the entitlement was transferred.
``(3)(A) The death of an individual transferring an entitlement
under this section shall not affect the use of the entitlement by the
dependent to whom the entitlement is transferred.
``(B) Entitlement may only be transferred under this section before
the date of death of the individual making the transfer.
``(4) A child to whom entitlement is transferred under this section
may not use any entitlement so transferred after attaining the age of
26 years.
``(5) The administrative provisions of chapter 30 of title 38
(including the provisions set forth in section 3034(a)(1) of that
title) shall apply to the use of entitlement transferred under this
section, except that the dependent to whom the entitlement is
transferred shall be treated as the eligible veteran for purposes of
such provisions.
``(6) The purposes for which a dependent to whom entitlement is
transferred under this section may use such entitlement shall include
the pursuit and completion of the requirements of a secondary school
diploma (or equivalency certificate).
``(h) Overpayment.--In the event of an overpayment of basic
educational assistance with respect to a dependent to whom entitlement
is transferred under this section, the dependent and the individual
making the transfer shall be jointly and severally liable to the United
States for the amount of the overpayment for purposes of section 3685
of title 38.
``(i) Approvals of Transfer Subject to Availability of
Appropriations.--The Secretary concerned may approve transfers of
entitlement to basic educational assistance under this section in a
fiscal year only to the extent that appropriations for military
personnel are available in that fiscal year for purposes of making
deposits in the Department of Defense Education Benefits Fund under
section 2006 of this title in that fiscal year to cover the present
value of future benefits payable from the Fund for the Department of
Defense portion of payments of basic educational assistance
attributable to increased usage of benefits as a result of such
transfers of entitlement in that fiscal year.
``(j) Regulations.--After consultation with the Secretary of
Veterans Affairs, the Secretary of Defense shall prescribe regulations
for purposes of this section. Such regulations shall specify the manner
and effect of an election to modify or revoke a transfer of entitlement
under subsection (e)(2) and shall specify the manner of the
applicability of the administrative provisions referred to in
subsection (g)(5) to a dependent to whom entitlement is transferred
under this section.
``(k) Annual Report.--(1) As part of the report required under
section 3020(l) of title 38, (beginning in 2006), the Secretary of
Defense shall include information on the transfers of entitlement to
basic educational assistance under this section that were approved by
each Secretary concerned during the preceding fiscal year.
``(2) Each report shall set forth--
``(A) the number of transfers of entitlement under this
section that were approved by such Secretary during the
preceding fiscal year; or
``(B) if no transfers of entitlement under this section
were approved by such Secretary during that fiscal year, a
justification for such Secretary's decision not to approve any
such transfers of entitlement during that fiscal year.''.
(2) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``16138. Transfer of entitlement to basic educational assistance by
members of the Selected Reserve entitled to
retired pay.''.
(b) Conforming Amendment.--Section 3020 of title 38, United States
Code, is amended--
(1) by redesignating subsection (m) as subsection (n); and
(2) by inserting after subsection (l) the following new
subsection:
``(m) Coordination With Authority for Transfers Under the Reserve
Montgomery GI Bill.--In carrying out this section and section 16138 of
title 10, each Secretary concerned shall take such steps as may be
necessary to ensure that a transfer of entitlement under each such
section is made pursuant to the applicable requirements of such
sections.''.
SEC. 7. REQUIREMENT FOR THE SECRETARY OF VETERANS AFFAIRS TO REPORT TO
CONGRESS ON TRANSFERS OF ENTITLEMENT BY MEMBERS OF THE
SELECTED RESERVE ENTITLED TO RETIRED PAY.
(a) In General.--Subchapter II of chapter 30 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 3020A. Annual report on transfers of entitlement to basic
educational assistance by members of the Selected Reserve
entitled to retired pay
``(a) Inclusion in Annual Report.--As part of the annual report
submitted to the Congress under section 529 of this title, the
Secretary shall include a description of the operation of the program
for transfer of entitlement to basic educational assistance by members
of the selected reserve entitled to retired pay under section 16138 of
title 10.
``(b) Specific Information Required.--The Secretary shall include
in the description required under subsection (a) the following
information:
``(1) The aggregate number of transfers of entitlement made
during the preceding year.
``(2) The type of programs of education pursued by
dependents to whom entitlement was so transferred.
``(3) The number of spouses to whom entitlement was so
transferred.
``(4) The number of dependent children to whom entitlement
was so transferred.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item: | National Guard and Reserve Education Act of 2004 - Increases the monthly rate of educational assistance for members of the Selected Reserve who pursue full-time studies. Requires the Secretary of Veterans Affairs to prescribe by regulation the rate of assistance for less than full-time studies.
Establishes an educational assistance benefit for reservists and National Guard members who, on or after September 11, 2001, serve at least 180 days within a five-year period of active duty in a contingency operation. Authorizes such persons to use their educational assistance entitlement during a 14-year period beginning on the last day of duty.
Authorizes members of the Selected Reserve who are entitled to retired pay and basic educational assistance to transfer a portion of their educational entitlement to eligible dependents. Requires the Secretary to report on such transfers in the Secretary's annual report to Congress. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secondary Payer Advancement,
Rationalization, and Clarification Act'' or the ``SPARC Act''.
SEC. 2. CLARIFICATION AND RATIONALIZATION OF MEDICARE PRESCRIPTION DRUG
SECONDARY CLAIMS RESPONSIBILITY.
(a) In General.--Section 1860D-2(a)(4) of the Social Security Act
(42 U.S.C. 1395w-102(a)(4)) is amended to read as follows:
``(4) Secondary payor and recovery rights.--
``(A) In general.--
``(i) Application of secondary payor.--A
prescription drug plan shall be secondary payor
to any valid and collectible payment from a
primary drug plan (as defined in clause (iv))
until such time as such primary drug plan pays
a final settlement, judgment, or award to an
individual enrolled under the prescription drug
plan with regard to an injury or illness
involved or otherwise terminates its ongoing
responsibility for medical payments with
respect to the individual.
``(ii) Limitation on parties making
prescription drug plans primary.--A primary
drug plan (as defined in clause (iv), other
than a group health plan or multiemployer or
multiple employer plan of, or contributed to
by, an employer that has 20 or fewer employees
for each working day in each of 20 or more
calendar weeks in the calendar year involved or
the preceding calendar year), a self-insured
plan, a service benefit plan, a managed care
organization, a pharmacy benefit manager, or
other party that, by statute, contract, or
agreement, is legally responsible for payment
of a claim for a covered outpatient drug, in
enrolling an individual or in making any
payments for benefits to the individual or on
the individual's behalf, may not take into
account that the individual is enrolled under a
prescription drug plan under this part or is
eligible for or is provided coverage for
covered part D drugs under this part.
``(iii) Limitation on secretarial claims
through subrogation.--The Secretary shall not
assert any claim on behalf or against a
prescription drug plan, other than through the
recovery from such a plan of amounts paid
related to a covered part D drug event that has
been repaid to the plan through a subrogation
action.
``(iv) Primary drug plan defined.--In this
paragraph, the term `primary drug plan' means,
with respect to benefits for covered part D
drugs, a group health plan or large group
health plan (other than a group health plan or
multiemployer or multiple employer plan of, or
contributed to by, an employer that has 20 or
fewer employees for each working day in each of
20 or more calendar weeks in the calendar year
involved or the preceding calendar year), a
workers' compensation law or plan, an
automobile or liability insurance policy or
plan (including a self-insured plan) or no-
fault insurance insofar as such a plan, law,
policy, or insurance provides such benefits,
insofar as, under the provisions of section
1862(b)(2), such coverage would be treated as a
primary plan if benefits for covered part D
drugs were treated as benefits under parts A
and B. For purposes of this clause, an entity
that engages in a business, trade, or
profession shall be deemed to have a self-
insured plan if it carries its own risk
(whether by a failure to obtain insurance, or
otherwise) in whole or in part.
``(B) Recovery.--A prescription drug plan shall be
subrogated (to the extent of payment made under this
part by the plan for any covered part D drug before the
date the plan received notice pursuant to subparagraph
(D)) to any right of an individual or any other entity
to payment, with respect to such covered part D drug,
under a primary drug plan. A subrogation claim may not
be asserted pursuant to this subparagraph by a
prescription drug plan with respect to a payment for a
covered part D drug after the date that is 3 years
after the date such plan receives notice of a payment,
with respect to such covered part D drug, pursuant to
subparagraph (D). Any such subrogation claim shall be
the exclusive legal remedy of the PDP sponsor of the
plan and shall be reduced to take into account the cost
of procuring the judgment or settlement with respect to
such claim if an individual's liability, workers'
compensation, or no-fault claim is disputed. Any costs
or expense incurred by a prescription drug plan related
to recoveries pursuant to this subparagraph shall not
be considered an administrative cost or expense, as
those terms are used in this part.
``(C) Waiver.--A prescription drug plan may waive
(in whole or in part) the provisions of this paragraph
in the case of an individual claim if the plan
determines that the waiver is in the best interests of
the program established under this part.
``(D) Coordination of benefits information.--Not
later than 15 days after the date the Secretary
receives information under paragraph (7) or (8) of
section 1862(b) relating to an individual enrolled in a
prescription drug plan during an applicable time, the
Secretary shall provide such information to such
prescription drug plan in a format convenient and
accessible to such plans. The Secretary shall waive any
requirements under this part that a prescription drug
plan establish procedures for determining whether costs
for part D eligible individuals are being reimbursed
through insurance or otherwise or identify payers that
are primary to the program under subparagraph (A)(ii)
other than as required under this paragraph.
``(E) Coordination of benefits.--A prescription
drug plan shall, in the case of receipt of a notice
pursuant to subparagraph (D) related to an enrollee for
whom a primary drug plan has reported on ongoing
responsibility for medical costs pursuant to paragraph
(7) or (8) of section 1862(b), authorize the provider
of such covered part D drug to charge, in accordance
with the charges allowed under the prescription drug
plan, such primary drug plan for such covered part D
drug related to or arising out of the treatment
accident or injury subject to such notice (other than
payments subject to a claim under subparagraph (B) or
(F)) for the period in which the enrollee remains
enrolled in such plan through the date upon which such
primary drug plan has terminated such ongoing
responsibility for medical payments.
``(F) Use of website to determine final
reimbursement amount.--
``(i) Notification of plans.--Not later
than 10 days after the date the Secretary
receives a notice under section
1862(b)(2)(B)(vii)(I) relating to an individual
during the period the individual is enrolled in
a prescription drug plan, the Secretary shall
provide such notice to the plan.
``(ii) Statement by plan.--
``(I) In general.--Not later than
20 days after the date a plan receives
a notice under clause (i), the plan may
provide the Secretary with a statement
of any covered part D drug for which
the plan seeks reimbursement, including
the amount of such reimbursement.
``(II) Failure to provide
statement.--The prescription drug plan
shall be deemed to have waived its
rights under subparagraph (B)--
``(aa) in the case that the
prescription drug plan does not
provide such statement by such
date, with respect to any
covered part D drug provided to
such individual with respect to
such notice; and
``(bb) in the case that the
prescription drug plan provides
such statement by such date,
with respect to any covered
part D drug provided to such
individual which was not
identified in the notice.
``(iii) Inclusion of information on
website.--The Secretary shall include any
covered part D drug identified by a
prescription drug plan pursuant to clause (ii)
within the Secretary's statement of
reimbursement amount on the website as
described in section 1862(b)(2)(B)(vii).
``(iv) Collection.--The Secretary may
collect (on behalf of a prescription drug plan)
the reimbursement amount for covered part D
drugs, as identified pursuant to clause (ii),
from the individual involved or the primary
drug plan pursuant to the procedures set forth
under section 1862(b)(2)(B)(vii). Any such
amounts collected by the Secretary for covered
part D drugs shall be remitted directly by the
Secretary to the appropriate prescription drug
plan that enrolled the individual related to
the notice during the applicable time period
for which such individual was enrolled.''.
(b) Clarification.--Section 1860D-2(b)(4)(D) of the Social Security
Act (42 U.S.C. 1395w-102(b)(4)(D)), is amended by striking ``third-
party reimbursement.--'' and inserting ``third-party reimbursement.--
Solely for the purpose of applying the requirements of subparagraph
(C)(ii):''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to drugs dispensed in years beginning more than 6 months after
the date of the enactment of this Act. | Secondary Payer Advancement, Rationalization, and Clarification Act or the SPARC Act This bill amends title XVIII (Medicare) of the Social Security Act to specify recovery rules with respect to secondary claims responsibility under the Medicare prescription drug benefit. Under current law, secondary payor provisions apply under the benefit in the same manner as they apply with respect to Medicare Advantage plans. | [
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1,
1,
1,
1,
1
] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``MMA Territorial Equity for Low-
Income Individuals Act of 2004''.
SEC. 2. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES UNDER MEDICARE
PRESCRIPTION DRUG TRANSITIONAL ASSISTANCE PROGRAM.
(a) In General.--Subsection (b)(2)(A) of section 1860D-31 of the
Social Security Act (42 U.S.C. 1395w-141) is amended by inserting after
``or the District of Columbia'' the following: ``or in Puerto Rico, the
Virgin Islands, Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands''.
(b) Conforming Change in Availability of Funds.--Subsection (j)(2)
of such section is amended--
(1) by striking ``for the entire period of the operation of
this section'' and inserting ``for 2004''; and
(2) by striking subparagraph (D).
(c) Additional Conforming Amendments.--(1) Subsection (b) of such
section is amended--
(A) by adding at the end of paragraph (2)(A) the following:
``The poverty line to be applied under this subparagraph to an
individual residing in a territory shall be the same as the
poverty line applicable to individuals residing in the
continental United States.''; and
(B) by adding at the end of paragraph (3) the following:
``The poverty line to be applied under this paragraph to an
individual residing in a territory shall be the same as the
poverty line applicable to individuals residing in the
continental United States.''.
(2) Subsection (f)(3)(C)(ii) of such section is amended by striking
``that is one of the 50 States or the District of Columbia''.
(d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2005.
SEC. 3. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES IN PREMIUM AND
COST-SHARING SUBSIDIES UNDER MEDICARE PRESCRIPTION DRUG
PROGRAM.
(a) In General.--Section 1860D-14(a)(3) of the Social Security Act
(42 U.S.C. 1395w-114(a)(3)) is amended by striking subparagraph (F).
(b) Conforming Amendments.--
(1) Section 1935 of such Act (42 U.S.C. 1396v) is amended--
(A) in subsections (a) and (c)(1), by striking
``subject to subsection (e)'';
(B) in subsection (c)(1)(A), by striking ``Each of
the 50 States and the District of Columbia'' and
inserting ``Each State'';
(C) in subsection (c)(2)(A)(i), by striking ``and''
at the end of subclause (I), and by adding after
subclause (II) the following new subclause:
``(III) in the case of a territory
subject to a limitation on payments
under this title under subsections (f)
and (g) of section 1108, the ratio of
the total amounts of the payment
limitations under such subsections for
such territory for fiscal year 2003, to
the total amounts that would be payable
to such territory under this title for
such fiscal year but for such payment
limitations; and''; and
(D) by striking subsection (e).
(2) Section 1108(f) of such Act (42 U.S.C. 1308(f)) is
amended by striking ``and section 1935(e)(1)(B)''.
(3) Section 1860D-14(a)(3)(C) of such Act (42 U.S.C. 1395w-
114(a)(3)(C)) is amended by adding at the end the following:
``The poverty line to be applied in the territories shall be
the same as the poverty line applied to States in the
continental United States.''.
(c) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 4. INSTITUTE OF MEDICINE REPORT ON ACCESS OF MEDICARE
BENEFICIARIES IN TERRITORIES TO PRESCRIPTION DRUGS.
(a) In General.--The Secretary of Health and Human Services shall
request the Institute of Medicine of the National Academy of Sciences
to undertake a study that examines the access of medicare beneficiaries
residing in the United States territories to prescription drugs during
each of 3 periods:
(1) Before mma.--The period before the date of the
enactment of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173).
(2) Discount card and transitional assistance.--The period
during the implementation of the discount card and transitional
assistance program (under section 1860D-31 of the Social
Security Act).
(3) Implementation of prescription drug benefit.--The
period beginning on January 1, 2006.
(b) Report.--The study under subsection (a) shall include a report
to the Secretary, the Committees on Ways and Means and Energy and
Commerce of the House of Representatives, and the Committee on Finance
of the Senate, on the results of such study. Such report shall include
information on--
(1) the relative cost of prescription drugs to medicare
beneficiaries residing in the territories, both retail and as
affected through benefit changes effected under the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173); and
(2) statistical health improvements of such beneficiaries
as a result of the enactment of such law. | MMA Territorial Equity for Low-Income Individuals Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to treat Medicare-eligible citizens of Guam, the Virgin Islands, American Samoa, the Commonwealth of Puerto and the Commonwealth of the Northern Mariana Islands the same as low-income citizens in the 50 States and the District of Columbia with respect to the Medicare prescription drug transitional assistance program, and premium and cost-sharing subsidies under the Medicare prescription drug program.
Directs the Secretary of Health and Himan Services to request the Institute of Medicine of the National Academy of Sciences to undertake a study for a report to the Secretary and Congress on access of Medicare beneficiaries in territories to prescription drugs. | [
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] |
SECTION 1. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25C the
following new section:
``SEC. 25C. CREDIT FOR TAXPAYERS WITH LONG-TERM CARE NEEDS.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to $1,200 multiplied by the number of applicable individuals with
respect to whom the taxpayer is an eligible caregiver for the taxable
year.
``(b) Definitions.--For purposes of this section--
``(1) Applicable individual.--
``(A) In general.--The term `applicable individual'
means, with respect to any taxable year, any individual
who has been certified, before the due date for filing
the return of tax for the taxable year (without
extensions), by a physician (as defined in section
1861(r)(1) of the Social Security Act) as being an
individual with long-term care needs described in
subparagraph (B) for a period--
``(i) which is at least 180 consecutive
days, and
``(ii) a portion of which occurs within the
taxable year.
Such term shall not include any individual otherwise
meeting the requirements of the preceding sentence
unless within the 39\1/2\ month period ending on such
due date (or such other period as the Secretary
prescribes) a physician (as so defined) has certified
that such individual meets such requirements.
``(B) Individuals with long-term care needs.--An
individual is described in this subparagraph if the
individual is at least 6 years of age and--
``(I) is unable to perform (without
substantial assistance from another individual)
at least 3 activities of daily living (as
defined in section 7702B(c)(2)(B)) due to a
loss of functional capacity, or
``(II) requires substantial supervision to
protect such individual from threats to health
and safety due to severe cognitive impairment
and is unable to perform, without reminding or
cuing assistance, at least 1 activity of daily
living (as so defined) or to the extent
provided in regulations prescribed by the
Secretary (in consultation with the Secretary
of Health and Human Services), is unable to
engage in age appropriate activities.
``(2) Eligible caregiver.--
``(A) In general.--A taxpayer shall be treated as
an eligible caregiver for any taxable year with respect
to the following individuals:
``(i) The taxpayer.
``(ii) The taxpayer's spouse.
``(iii) A brother or sister of the
taxpayer.
``(iv) The mother or father of the
taxpayer.
``(B) Special rules where more than 1 eligible
caregiver.--
``(i) In general.--If more than 1
individual is an eligible caregiver with
respect to the same applicable individual for
taxable years ending with or within the same
calendar year, a taxpayer shall be treated as
the eligible caregiver if each such individual
(other than the taxpayer) files a written
declaration (in such form and manner as the
Secretary may prescribe) that such individual
will not claim such applicable individual for
the credit under this section.
``(ii) No agreement.--If each individual
required under clause (i) to file a written
declaration under clause (i) does not do so,
the individual with the highest modified
adjusted gross income (as defined in section
32(c)(5)) shall be treated as the eligible
caregiver.
``(iii) Married individuals filing
separately.--In the case of married individuals
filing separately, the determination under this
subparagraph as to whether the husband or wife
is the eligible caregiver shall be made under
the rules of clause (ii) (whether or not one of
them has filed a written declaration under
clause (i)).
``(c) Identification Requirement.--No credit shall be allowed under
this section to a taxpayer with respect to any applicable individual
unless the taxpayer includes the name and taxpayer identification
number of such individual, and the identification number of the
physician certifying such individual, on the return of tax for the
taxable year.
``(d) Taxable Year Must Be Full Taxable Year.--Except in the case
of a taxable year closed by reason of the death of the taxpayer, no
credit shall be allowable under this section in the case of a taxable
year covering a period of less than 12 months.''.
(b) Conforming Amendments.--
(1) Section 6213(g)(2) of the Internal Revenue Code of 1986
is amended by striking ``and'' at the end of subparagraph (L),
by striking the period at the end of subparagraph (M) and
inserting ``, and'', and by inserting after subparagraph (M)
the following new subparagraph:
``(N) an omission of a correct TIN or physician
identification required under section 25C(c) (relating
to credit for taxpayers with long-term care needs) to
be included on a return.''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25B the following new item:
``Sec. 25C. Credit for taxpayers with
long-term care needs.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Amends the Internal Revenue Code to allow a tax credit for caregivers of individuals with long-term care needs in an amount equal to $1,200 for each such individual with respect to whom the taxpayer is an eligible caregiver for the taxable year. | [
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] |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Promoting Access
to Medicare Midwifery Services Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Medicare payment for certified midwife services.
Sec. 3. Increased medicare payments for certified nurse-midwife
services and certified midwife services.
Sec. 4. Clarification of hospital conditions of participation with
respect to certified nurse-midwives and
certified midwives.
Sec. 5. Medicare payment for freestanding birth center services.
Sec. 6. Clarification of billing rights of certified nurse-midwives and
certified midwives.
Sec. 7. Clarification regarding payments for certified nurse-midwife
services and certified midwife services
furnished in teaching hospitals.
Sec. 8. Interim and final regulations.
SEC. 2. MEDICARE PAYMENT FOR CERTIFIED MIDWIFE SERVICES.
(a) Certified Midwife and Certified Midwife Services Defined.--
Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is
amended--
(1) in paragraph (1)--
(A) by striking ``(as defined in paragraph (2))''
and inserting ``(as defined in subparagraph (B))''; and
(B) by inserting ``(A)'' after ``(1)'';
(2) by redesignating paragraph (2) as subparagraph (B); and
(3) by adding at the end the following new paragraph:
``(2)(A) The term `certified midwife services' means such services
furnished by a certified midwife (as defined in subparagraph (B)) and
such services and supplies furnished as an incident to the certified
midwife's service which the certified midwife is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) as would otherwise be payable under this title if furnished
by a physician or as an incident to a physician's service.
``(B) The term `certified midwife' means an individual--
``(i) with a bachelor's degree from an accredited
educational institution who has completed a program of study
and clinical experience meeting guidelines established by the
Secretary of Education; or
``(ii) who has been certified in nurse-midwifery or
midwifery by an organization recognized by the Secretary of
Education.''.
(b) Certified Midwife Benefit.--
(1) Scope of benefits.--Section 1832(a)(2)(B)(iii) of the
Social Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended
by inserting ``, certified midwife services'' after ``certified
nurse-midwife services''.
(2) Payment of benefits.--Section 1833(a)(1)(K) of the
Social Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended by
inserting ``and certified midwife services'' after ``certified
nurse-midwife services''.
(c) Conforming Amendments.--
(1) Use of carriers for administration of benefits.--
Section 1842(b)(18)(C)(iii) of the Social Security Act (42
U.S.C. 1395u(b)(18)(C)(iii)) is amended by striking ``(as
defined in section 1861(gg)(2))'' and inserting ``or a
certified midwife (as defined in paragraph (1)(B) and (2)(B),
respectively, of section 1861(gg))''.
(2) Health care professional defined.--Section
1852(j)(3)(D) of the Social Security Act (42 U.S.C. 1395w-
22(j)(3)(D)) is amended by striking ``and certified nurse-
midwife'' and inserting ``certified nurse-midwife, and
certified midwife''.
(3) Inpatient hospital services.--Section 1861(b)(4) of the
Social Security Act (42 U.S.C. 1395x(b)(4)) is amended by
inserting ``, certified midwife services,'' after ``certified
nurse-midwife services''.
(4) Medical and other health services.--Section
1861(s)(2)(L) of the Social Security Act (42 U.S.C.
1395x(s)(2)(L)) is amended by inserting ``and certified midwife
services'' before the semicolon at the end.
(5) Rural health clinic services and federally qualified
health clinic services.--Section 1861(aa) of the Social
Security Act (42 U.S.C. 1395x(aa)) is amended--
(A) in paragraph (2)(J), by striking ``, or a
certified nurse-midwife (as defined in subsection
(gg))'' and inserting ``, a certified nurse-midwife (as
defined in subsection (gg)(1)(B)), or a certified
midwife (as defined in subsection (gg)(2)(B))''; and
(B) in paragraph (7)(A), by striking ``or certified
nurse midwife'' and inserting ``, certified nurse-
midwife, or certified midwife''.
(6) Certified nurse-midwife services.--The heading of
section 1861(gg) of the Social Security Act (42 U.S.C.
1395x(gg)) is amended by adding at the end the following:
``; Certified Midwife Services''.
(7) Exclusions from coverage and medicare as secondary
payer.--Section 1862(a)(14) of the Social Security Act (42
U.S.C. 1395y(a)(14)) is amended by inserting ``, certified
midwife services'' after ``certified nurse-midwife services''.
(8) Agreements with providers of services.--Section
1866(a)(1)(H)(i) (42 U.S.C. 1395cc(a)(1)(H)(i)) is amended by
inserting ``, certified midwife services'' after ``certified
nurse-midwife services''.
(9) Exclusion from payment to skilled nursing facilities
for routine service costs.--Section 1888(e)(2)(A)(ii) of the
Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended
by inserting ``, certified midwife services'' after ``certified
nurse-midwife services''.
(10) Medicaid definitions.--Section 1905 of the Social
Security Act (42 U.S.C. 1396d) is amended--
(A) in subsection (a)(17)--
(i) by striking ``a nurse-midwife (as
defined in section 1861(gg)) which the nurse-
midwife is'' and inserting ``a certified nurse-
midwife or a certified midwife (as defined in
paragraphs (1)(B) and (2)(B), respectively, of
section 1861(gg)) which the certified nurse-
midwife or certified midwife, as the case may
be, is''; and
(ii) by striking ``whether or not the
nurse-midwife'' and inserting ``whether or not
the certified nurse-midwife or certified
midwife, as the case may be,''; and
(B) in subsection (t)(2)(B)(ii), by striking ``(as
defined in section 1861(gg))'' and inserting ``or a
certified midwife (as defined in paragraphs (1)(B) and
(2)(B), respectively, of section 1861(gg)(2)(B))''.
(11) Medicaid managed care.--Section 1932(b)(3)(C) of the
Social Security Act (42 U.S.C. 1396u-2(b)(3)(C)) is amended by
striking ``and certified nurse-midwife'' and inserting
``certified nurse-midwife, and certified midwife''.
(d) Effective Date.--The amendments made by this section shall
apply to payment for certified nurse-midwife services and certified
midwife services furnished on or after the date of enactment of this
Act.
SEC. 3. INCREASED MEDICARE PAYMENTS FOR CERTIFIED NURSE-MIDWIFE
SERVICES AND CERTIFIED MIDWIFE SERVICES.
(a) Amount of Payment.--Section 1833(a)(1)(K) of the Social
Security Act (42 U.S.C. 1395l(a)(1)(K)) is amended by striking ``65
percent of the prevailing charge that would be allowed for the same
service performed by a physician, or, for services furnished on or
after January 1, 1992, 65 percent'' and inserting ``95 percent''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to certified nurse-midwife services and certified midwife
services furnished on or after the date of enactment of this Act.
SEC. 4. CLARIFICATION OF HOSPITAL CONDITIONS OF PARTICIPATION WITH
RESPECT TO CERTIFIED NURSE-MIDWIVES AND CERTIFIED
MIDWIVES.
(a) Payment to Hospital for Patients Under Care of Certified Nurse-
Midwife or Certified Midwife.--Section 1861(e)(4) of the Social
Security Act (42 U.S.C. 1395x(e)(4)) is amended to read as follows:
``(4) has a requirement that every patient with respect to
whom payment may be made under this title must be under the
care of a physician, except that--
``(A) a patient receiving qualified psychologist
services (as defined in subsection (B)) may be under
the care of a clinical psychologist with respect to
such services to the extent permitted under State law;
and
``(B) a patient receiving certified nurse-midwife
services or certified midwife services (as defined in
paragraphs (1)(B) and (2)(B), respectively, of
subsection (gg)) may be under the care of a certified
nurse-midwife or certified midwife, as the case may be,
with respect to such services to the extent permitted
under State law;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.
SEC. 5. MEDICARE PAYMENT FOR FREESTANDING BIRTH CENTER SERVICES.
(a) Freestanding Birth Center Services and Freestanding Birth
Center Defined.--Section 1861(gg) of the Social Security Act (42 U.S.C.
1395x(gg)) (as amended by section 2(a)) is amended by adding at the end
the following new paragraph:
``(3)(A) The term `freestanding birth center services' means items
and services furnished by a freestanding birth center (as defined in
subparagraph (B)) as would otherwise be covered if furnished by a
hospital.
``(B)(i) The term `freestanding birth center' means a facility or
institution--
``(I) in which births are planned to occur (outside the
mother's place of residence);
``(II) in which comprehensive health care services are
furnished; and
``(III) which has been approved by the Secretary or
accredited by an organization recognized by the Secretary for
purposes of accrediting freestanding birth centers.
``(ii) Such term does not include--
``(I) a rural health clinic, critical access hospital, or a
sole community hospital; or
``(II) a facility or institution that is a hospital or an
ambulatory surgical center, unless with respect to ambulatory
surgical centers, the State law or regulation that regulates
such centers also regulates freestanding birth centers in the
State.''.
(b) Freestanding Birth Center Benefit.--
(1) Scope of benefits.--Section 1832(a)(2) of the Social
Security Act (42 U.S.C. 1395l(a)(2)) is amended--
(A) in subparagraph (I), by striking ``and'' at the
end;
(B) in subparagraph (J), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(K) freestanding birth center services performed
in a freestanding birth center if the center has an
agreement in effect with the Secretary by which the
center agrees to accept the amount of payment
determined under section 1833(u) as full payment for
such services, and to accept assignment described in
section 1842(b)(3)(B)(ii) with respect to payment for
all such services furnished by the center to
individuals enrolled under this part.''.
(2) Payment of benefits.--Section 1833 of the Social
Security Act (42 U.S.C. 1395l) is amended by adding at the end
the following new subsection:
``(u) Payment for Freestanding Birth Center Services.--The
Secretary shall establish by regulation the amount of payment to be
made for facility services furnished in connection with freestanding
birth center services and furnished to an individual in a freestanding
birth center under this title.''.
(c) Conforming Amendments.--
(1) Medical and other health services.--Section
1861(s)(2)(L) of the Social Security Act (42 U.S.C.
1395x(s)(2)(L)) is amended--
(A) by adding ``and'' at the end;
(B) by inserting ``(i)'' after ``(L)''; and
(C) by adding at the end the following new clause:
``(ii) freestanding birth center services;''.
(2) Certified nurse-midwife services; certified midwife
services.--The heading of section 1861(gg) of the Social
Security Act (42 U.S.C. 1395x(gg)) (as amended by section
2(c)(6)) is amended by adding at the end the following:
``; Freestanding Birth Center Services''.
(d) Effective Date.--The amendments made by this section shall
apply to freestanding birth center services furnished on or after the
date of enactment of this Act.
SEC. 6. CLARIFICATION OF BILLING RIGHTS OF CERTIFIED NURSE-MIDWIVES AND
CERTIFIED MIDWIVES.
(a) Use of Carriers for Administration of Benefits.--The first
sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C.
1395u(b)(6)) is amended--
(1) by striking ``and'' before ``(F)''; and
(2) by inserting before the period at the end the
following: ``, and (G) in the case of certified nurse-midwife
services or certified midwife services described in section
1861(s)(2)(L), payment may be made in accordance with
subparagraph (A), except that payment may also be made to such
individual or entity (or to the agent of such individual or
entity) as the certified nurse-midwife or certified midwife, as
the case may be, may designate under an agreement between the
certified nurse-midwife or certified midwife, as the case may
be, and such individual or entity (or the agent of such
individual or entity)''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to payment for certified nurse-midwife services and certified
midwife services furnished on or after the date of enactment of this
Act.
SEC. 7. CLARIFICATION REGARDING PAYMENTS FOR CERTIFIED NURSE-MIDWIFE
SERVICES AND CERTIFIED MIDWIFE SERVICES FURNISHED IN
TEACHING HOSPITALS.
(a) Scope of Benefits.--Section 1832(a)(2)(B)(iii) of the Social
Security Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended--
(1) by inserting ``(I)'' after ``(iii)''; and
(2) by adding at the end the following new subclause:
``(II) in the case of certified nurse-
midwife services or certified midwife services
furnished in a hospital which has a teaching
program described in clause (i)(II), such
services may be furnished as provided under
sections 1842(b)(7)(E) and 1861(b)(8);''.
(b) Clarification Regarding Payments Under Part B for Such Services
Furnished in Teaching Hospitals.--
(1) In general.--Section 1842(b)(7) of the Social Security
Act (42 U.S.C. 1395u(b)(7)) is amended--
(A) in subparagraph (A), in the matter preceding
clause (i), by inserting ``or, for purposes of
subparagraph (E), the conditions described in section
1861(b)(8),'' after ``section 1861(b)(7),'';
(B) in subparagraph (C), by inserting ``or, for
purposes of subparagraph (E), the conditions described
in section 1861(b)(8),'' after ``section 1861(b)(7),'';
and
(C) by adding at the end the following new
subparagraph:
``(E) In the case of certified nurse-midwife services or certified
midwife services furnished to a patient in a hospital with a teaching
program approved as specified in section 1861(b)(6) but which does not
meet the conditions described in section 1861(b)(8), the provisions of
subparagraphs (A) through (C) shall apply with respect to a certified
nurse-midwife or a certified midwife, as the case may be, under this
subparagraph as such provisions apply to a physician under such
subparagraphs.''.
(2) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall promulgate
regulations to carry out the amendments made by paragraph (1).
(c) Inpatient Hospital Services.--Section 1861(b) of the Social
Security Act (42 U.S.C. 1395x(b)) is amended--
(1) in paragraph (6)--
(A) by inserting ``(A)'' after ``(6)''; and
(B) by adding at the end the following new
subparagraph:
``(B) in the case of services in a hospital or osteopathic
hospital, an intern or resident-in-training in the field of
obstetrics and gynecology taught or supervised by a certified
nurse-midwife or certified midwife (as defined in paragraphs
(1)(B) and (2)(B), respectively, of subsection (gg)) to the
extent permitted under State law and as may be authorized by
the hospital;'';
(2) in paragraph (7), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(8) a certified nurse-midwife or a certified midwife
where the hospital has a teaching program approved as specified
in paragraph (6), if--
``(A) the hospital elects to receive any payment
due under this title for reasonable costs of such
services; and
``(B) all certified nurse-midwives and certified
midwives in such hospital agree not to bill charges for
professional services rendered in such hospital to
individuals covered under the insurance program
established by this title.''.
SEC. 8. INTERIM AND FINAL REGULATIONS.
Except with respect to the amendments made by section 7(b), in
order to carry out the amendments made by this Act in a timely manner,
the Secretary of Health and Human Services may first promulgate
regulations that take effect on an interim basis after notice and
pending opportunity for public comment by not later than 1 year after
the date of enactment of this Act. | Increases Medicare payments for certified nurse-midwife and certified midwife services.
Amends SSA with regard to: (1) hospital conditions of participation with respect to certified nurse-midwives and certified midwives; (2) billing rights of such practitioners; and (3) payments for the services of such practitioners furnished in teaching hospitals. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Short-Term
Disability Insurance Act of 2011''.
SEC. 2. PURPOSE.
The purpose of this Act is to offer voluntary insurance to Federal
employees for protection against the loss of pay resulting from--
(1) short-term injury or disability;
(2) short-term leave taken for the purpose of caring for a
family member;
(3) the birth of a child of such an employee; or
(4) making arrangements to adopt a child or to become a
foster parent.
SEC. 3. NON-WORK RELATED DISABILITY INSURANCE.
(a) In General.--Title 5, United States Code, is amended by
inserting after chapter 87 the following:
``CHAPTER 88--NON-WORK RELATED SHORT-TERM DISABILITY INSURANCE
``Sec.
``8801. Definitions.
``8802. Availability of insurance.
``8803. Contracting authority.
``8804. Benefits.
``8805. Premiums.
``8806. Preemption.
``8807. Studies, reports, and audits.
``8808. Jurisdiction of courts.
``8809. Administrative functions.
``8810. Cost accounting standards.
``Sec. 8801. Definitions
``For purposes of this chapter--
``(1) the term `Director' means the Director of the Office
of Personnel Management;
``(2) the term `employee' means--
``(A) an employee defined in section 8901(1); and
``(B) an officer or employee of the United States
Postal Service or of the Postal Regulatory Commission;
``(3) the term `injury or disability', with respect to an
employee, means that such employee is unable to perform the
essential functions of such employee's position of employment
with the Federal Government;
``(4) the term `member of family' has the meaning given
such term in section 8901(5);
``(5) the term `carrier' means an insurance company that is
licensed to issue disability insurance in all States, taking
into account any subsidiaries or affiliates of such a company;
and
``(6) the term `State' includes the District of Columbia.
``Sec. 8802. Availability of insurance
``(a) The Director shall establish and administer a program to make
insurance coverage available under this chapter--
``(1) for an injury or disability not covered under chapter
81;
``(2) for leave to care for, or leave to make arrangements
to care for, a member of family, including the birth of a son
or a daughter; and
``(3) for leave to make arrangements--
``(A) to become a foster parent; or
``(B) to adopt a child.
``(b) Insurance shall not be available under this chapter if the
injury or disability of an employee is--
``(1) caused by willful misconduct of such employee;
``(2) caused by such employee's intention to bring about
such injury or disability to himself or to another individual;
or
``(3) proximately caused by the intoxication of such
employee.
``(c) In addition to the requirements otherwise applicable under
section 8801(5), an insurance contract under this chapter must be fully
insured, whether through reinsurance with other carriers or otherwise.
``Sec. 8803. Contracting authority
``(a) The Director shall, without regard to any statute requiring
competitive bidding, contract with one or more carriers for a policy or
policies of disability insurance as described under this chapter. The
Director shall ensure that each resulting contract is awarded on the
basis of contractor qualifications, price, and reasonable competition.
``(b)(1) Each contract under this section shall contain--
``(A) a detailed statement of the benefits offered
(including any maximums, limitations, exclusions, and other
definitions of benefits);
``(B) the premiums charged (including any limitations or
other conditions on their subsequent adjustment);
``(C) the duration of the enrollment period; and
``(D) such other terms and conditions (including procedures
for establishing eligibility for insurance under this chapter)
as may be determined by the Director, consistent with the
requirements of this chapter.
``(2) Premiums charged under a contract under this section shall
reasonably and equitably reflect the cost of the benefits provided, as
determined by the Director.
``(c)(1) Each contract under this section shall require the
carrier--
``(A) to provide payments or benefits described in section
8804(c) to an employee if such employee is entitled thereto
under the terms of the contract; and
``(B) with respect to disputes regarding claims for
payments or benefits under the terms of the contract--
``(i) to establish internal procedures designed to
resolve such disputes expeditiously; and
``(ii) to establish, for disputes not resolved
through procedures under clause (i), procedures for one
or more alternative means of dispute resolution
involving independent third-party review under
circumstances acceptable to the Director.
``(2) The carrier's determination as to whether or not a particular
employee is eligible to obtain insurance coverage under this chapter
shall be subject to review to the extent and in the manner provided in
the applicable contract.
``(3) Nothing in this chapter shall be considered to grant
authority for a third-party reviewer to change the terms of any
contract under this chapter.
``(d)(1) Each contract under this section shall be for a term of
not less than 3 years and not greater than 7 years, and may be
terminated earlier than the termination date of such contract by the
Director in accordance with the terms of such contract. However, the
rights and responsibilities of the enrolled employee, the insurer, and
the Director under each contract shall continue with respect to such
employee until the termination of coverage of the enrolled employee or
the effective date of a successor contract.
``(2) A contract described in paragraph (1) may be made
automatically renewable, for a term of 1 year each January 1, unless
written notice of non-renewal is given either by the Director or the
carrier not less than 180 days before the renewal date, or unless
modified by mutual agreement.
``(3) A contract described in paragraph (1) shall include such
provisions as may be necessary to ensure that, once an employee becomes
duly enrolled, insurance coverage pursuant to that enrollment shall be
terminated only if the individual is separated from Federal service or,
where appropriate, for non-payment of premiums.
``Sec. 8804. Benefits
``(a) The Director may prescribe reasonable minimum standards for
benefit plans offered under this chapter.
``(b)(1) Benefits provided to an employee under this chapter shall
offset other benefits received by such employee for the same injury or
disability, leave to care for or make arrangements to care for a member
of family (including the birth of a son or a daughter), or leave to
make arrangements to adopt a child or become a foster parent including
worker's compensation and disability retirement income.
``(2) A contract providing benefits under this chapter--
``(A) shall not provide for a preexisting condition
exclusion; and
``(B) shall not charge higher premiums, deny coverage, or
drop coverage of an employee with a preexisting condition.
``(3) A contract providing benefits under this chapter shall
provide incentives for an employee who is receiving benefits under such
contract to return to work.
``(c)(1) For each instance that such employee suffers an injury or
disability, takes leave to care for or make arrangements to care for a
member of family (including the birth of a son or a daughter), or takes
leave to make arrangements to adopt a child or become a foster parent,
and is eligible for benefits under this chapter, such employee may
receive benefits under this chapter for a period not to exceed 12
months beginning on the date on which such employee qualifies for such
benefits. An employee shall receive such benefits after the expiration
of the waiting period selected by such employee under paragraph (2)(A).
The amount of benefits shall be equal to the lesser of--
``(A) 70 percent of the annual rate of pay, excluding
bonuses, of an employee at the time of the injury or disability
of such employee occurs; or
``(B) 70 percent of the maximum rate of basic pay provided
for grade GS-15 of the General Schedule.
``(2)(A) The period for which benefits are payable to an employee
under this subsection shall begin after the completion of a waiting
period, subject to the requirement in subparagraph (C). An employee
shall elect one of the following waiting period options:
``(i) On the 8th day of continuous injury or disability,
leave to care for or to make arrangements to care for a member
of family (including the birth of a son or a daughter), or
leave to make arrangements to adopt a child or become a foster
parent.
``(ii) On the 31st day of continuous disability, leave to
care for or to make arrangements to care for a member of family
(including the birth of a son or a daughter), or leave to make
arrangements to adopt a child or become a foster parent.
``(iii) On the 91st day of continuous disability, leave to
care for or to make arrangements to care for a member of family
(including the birth of a son or a daughter), or leave to make
arrangements to adopt a child or become a foster parent.
``(iv) On the 181st day of continuous disability, leave to
care for or to make arrangements to care for a member of family
(including the birth of a son or a daughter), or leave to make
arrangements to adopt a child or become a foster parent.
``(B) An employee who elects to receive benefits earlier shall pay
a higher premium.
``(C) A waiting period selected under subparagraph (A) shall begin
on the first day of an employee's injury or disability.
``Sec. 8805. Premiums
``(a) Each eligible individual obtaining insurance coverage under
this chapter shall be responsible for 100 percent of the premiums for
such coverage.
``(b) The amount necessary to pay the premiums for enrollment shall
be withheld from the pay of the enrolled individual.
``(c) The carrier participating under this chapter shall maintain
records that permit it to account for all amounts received under this
chapter (including investment earnings on those amounts) separate and
apart from all other funds.
``(d)(1)(A) The Employees' Life Insurance Fund is available,
without fiscal year limitation, for reasonable expenses incurred in
administering this chapter before the start of the first term described
in section 8803(d)(1), including reasonable implementation costs.
``(B) Such Fund shall be reimbursed, before the end of the first
year of a contract described in section 8803(d)(1), for all amounts
obligated or expended under subparagraph (A) (including lost investment
income). Reimbursement under this subparagraph shall be made by the
carrier in accordance with applicable provisions included in the
relevant contract.
``(C)(i) There is hereby established in the Employees' Life
Insurance Fund a Non-Work Related Disability Insurance Administrative
Account, which shall be available to the Office of Personnel
Management, without fiscal year limitation, to defray reasonable
expenses incurred by the Office in administering this chapter after the
start of the first term described in section 8803(d)(1).
``(ii) A contract under this chapter shall include appropriate
provisions under which the carrier involved shall, during each year,
make such periodic contributions to the Non-Work Related Disability
Insurance Administrative Account as necessary to ensure that the
reasonable anticipated expenses of the Office of Personnel Management
in administering this chapter during such year (adjusted to reconcile
for any earlier overestimates or underestimates under this
subparagraph) are defrayed.
``(e) Nothing in this chapter shall, in the case of an enrolled
individual applying for an extension of insurance coverage under this
chapter after the expiration of such enrolled individual's first
opportunity to enroll, preclude the application of underwriting
standards for later enrollment.
``Sec. 8806. Preemption
``(a) The terms of any contract under this chapter which relate to
the nature, provision, or extent of coverage or benefits (including
payments with respect to benefits) shall supersede and preempt any
State, territorial, tribal, or local law, or any regulation issued
thereunder, which relates to non-work related disability insurance or
contracts.
``(b)(1) No tax, fee, or other monetary payment may be imposed or
collected, directly or indirectly, by any State, territory, tribe, or
locality, or by any political subdivision or other governmental
authority thereof, on, or with respect to, any premium paid for an
insurance policy under this chapter.
``(2) Paragraph (1) shall not be construed to exempt any company or
other entity issuing a policy of insurance under this chapter from the
imposition, payment, or collection of a tax, fee, or other monetary
payment on the net income or profit accruing to or realized by such
entity from business conducted under this chapter, if that tax, fee, or
payment is applicable to a broad range of business activity.
``(c) No law of a State, territory, tribe, or locality, pertaining
to subrogation or reimbursement with respect to benefits provided under
this chapter, shall operate except as expressly adopted by the
Director.
``Sec. 8807. Studies, reports, and audits
``(a) A contract under this chapter shall contain provisions
requiring the carrier to furnish such reasonable reports as the
Director determines to be necessary to enable the Director to carry out
the Director's functions under this chapter.
``(b) Each Federal agency shall keep such records, make such
certifications, and furnish the Director, the carrier, or both, with
such information and reports as the Director may require.
``(c) The Director shall conduct periodic reviews of each plan
under this chapter to ensure its competitiveness.
``Sec. 8808. Jurisdiction of courts
``The district courts of the United States have original
jurisdiction, concurrent with the United States Court of Federal
Claims, of a civil action or claim against the United States under this
chapter after such administrative remedies as required under section
8803(c) have been exhausted, but only to the extent judicial review is
not precluded by any dispute resolution or other remedy under this
chapter.
``Sec. 8809. Administrative functions
``(a)(1) Except as otherwise provided in this chapter, the Director
shall prescribe regulations necessary to carry out this chapter and to
make arrangements as necessary with other agencies and payroll systems
to implement the program.
``(2) Except as otherwise provided by law, the Director shall
specify in regulation the treatment of time spent by an individual in
receipt of benefits under this chapter for the purposes of periodic
increases in pay, retention purposes, and other rights, benefits, and
conditions of employment for which length of service is a factor.
``(b) The carrier shall provide for periodic coordinated
enrollment, promotion, and education efforts, as specified by the
Director.
``Sec. 8810. Cost accounting standards
``The cost accounting standards issued pursuant to section 1502 of
title 41 shall not apply with respect to an insurance contract under
this chapter.''.
(b) Conforming Amendment.--Section 1005(f) of title 39, United
States Code, is amended by inserting ``88,'' after ``87,''.
(c) Clerical Amendment.--The analysis for part III of title 5,
United States Code, is amended by adding at the end of subpart G the
following:
``88. Non-Work Related Short-Term Disability Insurance...... 8801''.
(d) Date of Application.--The amendment made by subsection (a)
shall apply to contracts that take effect with respect to the first
calender year that begins more than 18 months after the date of
enactment of this section. | Federal Employee Short-Term Disability Insurance Act of 2011 - Requires the Director of the Office of Personnel Management (OPM) to establish and administer a program for short-term (i.e., up to 12 months) disability insurance coverage for federal employees for: (1) an injury or disability that is not work related, (2) leave to care for a family member, and (3) leave to make arrangements to become a foster parent or to adopt a child. Disqualifies an employee for such insurance if an injury or disability is caused by willful misconduct, a self-inflicted injury, or intoxication.
Requires the Director to contract with one or more insurance carriers for disability insurance coverage plans, without regard to competitive bidding requirements. Requires such plans to contain a detailed statement of benefits offered, the premiums charged, and the duration of the enrollment period.
Authorizes the Director to prescribe reasonable minimum standards for benefits offered by such plans, including a prohibition against excluding or penalizing an employee for a preexisting condition.
Requires individuals eligible for coverage under a disability insurance plan to be responsible for 100% of the premiums for the coverage offered.
Establishes in the Employees' Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to OPM to defray reasonable expenses incurred in administering this Act and to which contracted carriers shall make contributions necessary to cover such expenses. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Managed Care Plan Accountability Act
of 1997''.
SEC. 2. IMPROVEMENTS IN ERISA ENFORCEMENT WITH RESPECT TO MANAGED CARE
GROUP HEALTH PLANS.
(a) Additional Remedies for Cost-Driven Violations of Plan Terms.--
(1) In general.--Section 502(c) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1132(c)) is amended--
(A) by redesignating paragraph (6) as paragraph
(7); and
(B) by inserting after paragraph (5) the following
new paragraph:
``(6)(A) In any case in which a group health plan, or a health
insurance issuer offering health insurance coverage in connection with
such plan, provides benefits under such plan under managed care, and
such plan or issuer fails to provide any such benefit in accordance
with the terms of the plan or such coverage, insofar as such failure
occurs pursuant to a clinically or medically inappropriate decision or
determination resulting from--
``(i) the application of any cost containment technique,
``(ii) any utilization review directed at cost containment,
or
``(iii) any other medical care delivery policy decision
which restricts the ability of providers of medical care from
utilizing their full discretion for treatment of patients,
each specified defendant shall be jointly and severally liable to any
participant or beneficiary aggrieved by such failure for actual damages
(including compensatory and consequential damages) proximately caused
by such failure, and may, in the court's discretion, be liable to such
participant or beneficiary for punitive damages.
``(B) For purposes of this paragraph--
``(i) a group health plan, or a health insurance issuer
offering health insurance coverage in connection with the plan,
provides benefits under `managed care' if the plan or the
issuer--
``(I) provides or arranges for the provision of the
benefits to participants and beneficiaries primarily
through participating providers of medical care, or
``(II) provides financial incentives (such as
variable copayments and deductibles) to induce
participants and beneficiaries to obtain the benefits
primarily through participating providers of medical
care,
or both.
``(ii) The term `specified defendant' means, in connection
with any failure to provide any benefit, a person who is--
``(I) the plan sponsor, or
``(II) a health insurance issuer offering health
insurance coverage in connection with the plan,
insofar as an act or failure to act of such person constitutes
or contributes to the failure to so provide such benefit.
``(iii) The term `participating' means, with respect to a
provider of medical care in relation to a group health plan or
health insurance coverage offered in connection with a group
health plan, a provider that furnishes the items and services
comprising medical care to participants and beneficiaries under
the plan under an agreement with the plan or with a health
insurance issuer offering the coverage.
``(iv) The provisions of section 733 apply in the same
manner and to the same extent as they apply for purposes of
part 7.
``(C) Remedies under this paragraph are in addition to remedies
otherwise provided under this section.''.
(2) Concurrent jurisdiction.--Section 502(e)(1) of such Act
(29 U.S.C. 1132(e)(1)) is amended--
(A) in the first sentence, by inserting ``and
except for actions under subsection (a)(1)(A) of this
section for the relief provided in subsection (c)(6) of
this section,'' after ``this section,''; and
(B) in the last sentence, by inserting ``and under
subsection (a)(1)(A) of this section for the relief
provided in subsection (c)(6) of this section'' after
``this section''.
(b) Indemnification for Liability of Providers Bound by Plan
Restrictions on Medical Communications.--Section 502 of such Act (29
U.S.C. 1132) is amended further by adding at the end the following new
subsection:
``(n)(1) In any case in which a group health plan, or a health
insurance issuer offering health insurance coverage in connection with
such plan, provides benefits under such plan under managed care, the
plan shall provide for full indemnification of any participating
provider of medical care for any liability incurred by such provider
for any failure to provide any such benefit in accordance with the
terms of the plan or such coverage, if such failure is the direct
result of a plan restriction on medical communications under the plan.
``(2) For purposes of this subsection--
``(A) the term `plan restriction on medical communications'
under a group health plan means a provision of the plan, or of
any health insurance coverage offered in connection with the
plan, which prohibits, restricts, or interferes with any
medical communication as part of--
``(i) a written contract or agreement with a
participating provider of medical care,
``(ii) a written statement to a participating
provider of medical care, or
``(iii) an oral communication to a participating
provider of medical care.
``(B) The term `medical communication'--
``(i) means any communication made by the provider
of medical care--
``(I) regarding the mental or physical
health care needs or treatment of a patient and
the provisions, terms, or requirements of the
group health plan or health insurance coverage
or another plan or coverage relating to such
needs or treatment, and
``(II) between the provider and a current,
former, or prospective patient (or the guardian
or legal representative of a patient), between
the provider and any employee or representative
of the plan or issuer, or between the provider
and any employee or representative of any State
or Federal authority with responsibility for
the licensing or oversight with respect to the
plan or issuer; and
``(ii) includes communications concerning--
``(I) any tests, consultations, and
treatment options,
``(II) any risks or benefits associated
with such tests, consultations, and options,
``(III) variation among any providers of
medical care and any institutions providing
such services in experience, quality, or
outcomes,
``(IV) the basis or standard for the
decision of a managed care group health plan,
or a health insurance issuer offering health
insurance coverage in connection with such a
plan, to authorize or deny particular benefits
consisting of medical care,
``(V) the process used by the plan or
issuer to determine whether to authorize or
deny particular benefits consisting of medical
care, and
``(VI) any financial incentives or
disincentives provided by the plan or issuer to
a provider of medical care that are based on
service utilization.
``(C) For purposes of this paragraph, the provisions of
subsection (c)(6)(B) apply in the same manner and to the same
extent as they apply for purposes of subsection (c)(6), and the
provisions of section 733 apply in the same manner and to the
same extent as they apply for purposes of part 7.''.
SEC. 3. EXCISE TAX FOR COST-DRIVEN VIOLATIONS OF PLAN TERMS.
(a) In General.--Chapter 100 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subchapter:
``Subchapter B--Failure To Provide Health Benefits Due to Improper
Cost-Driven Delivery Policy Decisions
``Sec. 9811. Failure to provide health
benefits due to improper cost-
driven delivery policy
decisions.
``SEC. 9811. FAILURE TO PROVIDE HEALTH BENEFITS DUE TO IMPROPER COST-
DRIVEN DELIVERY POLICY DECISIONS.
``(a) General Rule.--In the case of a group health coverage to
which this section applies, there is a failure to meet the requirements
of this chapter if--
``(1) the provider of such coverage fails to provide any
benefit in accordance with the terms of the coverage, and
``(2) such failure occurs pursuant to a clinically or
medically inappropriate decision or determination resulting
from the application of--
``(A) any cost containment technique,
``(B) any utilization review directed at cost
containment, or
``(C) any other medical care delivery policy
decision which restricts the ability of providers of
medical care from utilizing their full discretion for
treatment of patients.
``(b) Health Coverage Providers to Which Section Applies.--This
section shall apply to any group health coverage which is provided
under managed care.
``(c) Definitions.--For purposes of this section--
``(1) Group health coverage.--The term `group health
coverage' means--
``(A) coverage under any group health plan, and
``(B) health insurance coverage provided by a
health insurance issuer.
``(2) Managed care.--Group health coverage is provided
under managed care if--
``(A) such coverage is provided primarily through
participating providers of medical care, or
``(B) the provider of such coverage provides
financial incentives (such as variable copayments and
deductibles) to induce participants and beneficiaries
to obtain the benefits primarily through participating
providers of medical care,
or both.
``(3) Provider.--The term `provider' means--
``(A) the group health plan in the case of coverage
described in paragraph (2)(A), and
``(B) the health insurance issuer in the case of
coverage described in paragraph (2)(B).
``(4) Other definitions.--The terms `group health plan',
`health insurance coverage', and `health insurance issuer' have
the respective meanings given such terms by section 9805.''.
(b) Conforming Amendments.--
(1) Subtitle K of such Code is amended by striking all that
precedes section 9801 and inserting the following:
``Subtitle K--Group Health Plan Requirements
``Chapter 100. Group health plan
requirements.
``CHAPTER 100--GROUP HEALTH PLAN REQUIREMENTS
``Subchapter A. Requirements relating to
portability, access, and
renewability.
``Subchapter B. Failure to provide health
benefits due to improper cost-
driven delivery policy
decisions.''
(2) The table of subtitles for such Code is amended by
striking the item relating to subtitle K and inserting the
following new item:
``Subtitle K. Group health plan
requirements.''
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to plan
years beginning after on or after January 1, 1998. | Managed Care Plan Accountability Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code (IRC) with respect to accountability for violations of requirements for managed care group health plans, especially failure to provide health benefits due to improper cost-driven delivery policy decisions.
Imposes joint and several liability for actual (including compensatory and consequential) damages, and, in the court's discretion, for punitive damages, on a group health plan, or a plan health insurance issuer, for failure to provide a benefit in accordance with plan terms, insofar as such failure occurs pursuant to a clinically or medically inappropriate decision or determination resulting from application of any cost containment technique, related utilization review, or any other medical care delivery policy decision which restricts the ability of medical care providers to use their full discretion for treatment of patients. Provides for an action for damages in either a State or Federal court.
Requires managed care group health plans to provide for full indemnification of medical care providers bound by plan restrictions for any liability incurred for such a failure if it is the direct result of a plan restriction on medical communications.
Amends the IRC to establish an excise tax for such cost-driven violations of plan terms. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Satellite Home Viewer
Protection Act of 1996''.
SEC. 2. NOTICE TO SUBSCRIBERS.
Section 119(a)(2) is amended by adding the following at the end:
``(D) Notice to subscribers.--A satellite carrier
that makes secondary transmissions of a primary
transmission made by a network station pursuant to
subparagraph (A) shall, prior to providing service of
broadcast signals under this title to a subscriber,
provide the subscriber with a written statement
describing and quoting the network territorial
restrictions of subsections (a) (2), (5), (8), (9), and
(10) of this section. Such statement shall describe the
circumstances under which a subscriber may not be
eligible for satellite service of a particular network
station, and a subscriber's rights under subsection
(a)(8) of this section. With respect to subscribers
currently receiving broadcast signals under this title,
the satellite carrier shall provide the written
statement described in this subsection to such
subscribers no later than 60 days after the enactment
of this Act.''.
SEC. 3. SIGNAL INTENSITY MEASUREMENT PROCEDURES.
Section 119(a)(8) is amended as follows:
(1) Subparagraph (A) is amended to read:
``(A) In general.--Subject to subparagraph (C),
upon a challenge by a network station regarding whether
a subscriber is an unserved household within the
predicted grade B contour of the station, the satellite
carrier shall, within 30 days after receipt of the
challenge--
``(i) inform the subscriber who is the
subject of the challenge from the network
station in writing that the network station has
challenged the subscriber's receipt of the
signal of the same network from the satellite
carrier; and
``(ii) offer the subscriber the option of
the satellite carrier conducting a measurement
of the signal intensity of the subscriber's
household to determine whether the household is
an unserved household. If the subscriber does
not request, in writing, the satellite carrier
to conduct a signal intensity measurement
within 30 days of notification of the challenge
from the satellite carrier, the satellite
carrier shall terminate service to that
household of the signal that is the subject of
the challenge, and within 30 days thereafter
notify the network station that made the
challenge that service to that household has
been terminated.
If the subscriber requests the satellite carrier to
conduct a signal intensity measurement as described in
clause (ii), the satellite carrier shall give
reasonable notice to the network station issuing the
challenge to the subscriber that the satellite carrier
will be conducting a signal intensity measurement.''.
(2) Subparagraph (B) is amended to read:
``(B) Effect of measurement; costs.--If the
satellite carrier conducts a signal intensity
measurement under subparagraph (A) and the measurement
indicates that--
``(i) the household is not an unserved
household, the satellite carrier shall, within
60 days after the measurement is conducted,
terminate the service to that household of the
signal that is the subject of the challenge,
and within 30 days thereafter notify the
network station that made the challenge that
service to that household has been terminated.
In addition, the subscriber that requested the
satellite carrier to conduct the measurement
shall reimburse the satellite carrier for the
costs of the measurement within 60 days after
receipt of the measurement results and a
statement of costs of the measurement; or
``(ii) the household is an unserved
household, the station challenging the service
shall reimburse the satellite carrier for the
costs of the signal measurement within 60 days
after receipt of the measurement results and a
statement of the costs of the measurement.
(3) Subparagraph (D) is deleted.
SEC. 4. SIGNAL INTENSITY MEASUREMENT; ARBITRATION.
Section 119(a)(11) is amended as follows:
``(11) Signal intensity measurement; arbitration.--
``(A) Voluntary negotiation.--Satellite carriers
and network broadcasters may negotiate the terms and
conditions, including technical standards and costs, of
the signal intensity measurement described in
subsection (a)(8). A complete description of the agreed
upon terms of the measurement shall be filed with the
Register of Copyrights no later than 30 days after
execution of the agreement.
``(B) Arbitration.--If satellite carriers and
network broadcasters are unable to agree to the terms
and conditions of the signal intensity measurement
within 30 days after the enactment of this Act, they
shall submit the matter to binding arbitration. Such
arbitration shall be governed by the provisions of
title 9 of the United States Code, and shall be
completed and a decision rendered no later than 90 days
after the enactment of this Act. The parties shall give
notice to the Register of Copyrights of any
determination reached by arbitration no later than 30
days after issuance of the determination. Such
determination shall be dispositive.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act take effect on the date of enactment of
this Act.
(b) Transitional Signal Intensity Measurement Procedures.--The
provisions of section 119(a)(8), relating to the transitional signal
intensity measurements, shall cease to be effective on December 31,
1997. | Satellite Home Viewer Protection Act of 1996 - Amends Federal copyright law to require a satellite carrier that makes secondary transmissions of a primary transmission by a network station, prior to providing broadcasting signals to a subscriber, to provide such subscriber with a written statement describing and quoting the network territorial restrictions related to such retransmission.
Requires a satellite carrier, within 30 days of receipt of a challenge by a network station as to whether a subscriber is an unserved household within the predicted Grade B contour of such station, to: (1) inform the subscriber of the challenge; and (2) offer such subscriber the option of the satellite carrier conducting a measurement of the signal intensity of the subscriber's household to determine whether such household is an unserved household. Requires the satellite carrier to: (1) terminate service to such a household if its subscriber does not request a signal intensity measurement within 30 days of notification of the challenge from the satellite carrier; and (2) notify the network station that such service has been terminated. Outlines procedures to be taken after a signal measurement has been taken. Repeals a provision allowing a network station to challenge a subscriber outside the predicted Grade B contour of the network station.
Authorizes satellite carriers and network broadcasters to negotiate the terms and conditions of the signal intensity measurement described under this Act. Requires a complete description of such agreement to be filed with the Register of Copyrights within 30 days after its execution. Provides for arbitration of such an agreement if the parties cannot agree to terms and conditions within 30 days after the enactment of this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Selected Reserve Home Loan Equity
Act''.
SEC. 2. PERMANENT AUTHORITY FOR HOUSING LOANS FOR MEMBERS OF THE
SELECTED RESERVE.
Section 3702(a)(2)(E) of title 38, United States Code, is amended
by striking ``and ending on September 30, 2009,''.
SEC. 3. UNIFORM HOME LOAN GUARANTY FEES FOR QUALIFYING MEMBERS OF THE
SELECTED RESERVE AND ACTIVE DUTY VETERANS.
(a) In General.--Paragraph (2) of section 3729(b) of title 38,
United States Code, is amended to read as follows:
``(2) The loan fee table referred to in paragraph (1) is as
follows:
``LOAN FEE TABLE
------------------------------------------------------------------------
Type of loan Veteran Other obligor
------------------------------------------------------------------------
(A)(i) Initial loan described in 2.00 NA
section 3710(a) to purchase or
construct a dwelling with 0-down,
or any other initial loan described
in section 3710(a) other than with
5-down or 10-down (closed before
October 1, 2011)...................
------------------------------------------------------------------------
(A)(ii) Initial loan described in 1.25 NA
section 3710(a) to purchase or
construct a dwelling with 0-down,
or any other initial loan described
in section 3710(a) other than with
5-down or 10-down (closed on or
after October 1, 2011).............
------------------------------------------------------------------------
(B)(i) Subsequent loan described in 3.30 NA
section 3710(a) to purchase or
construct a dwelling with 0-down,
or any other subsequent loan
described in section 3710(a)
(closed before October 1, 2011)....
------------------------------------------------------------------------
(B)(ii) Subsequent loan described in 2.15 NA
section 3710(a) to purchase or
construct a dwelling with 0-down,
or any other subsequent loan
described in section 3710(a)
(closed on or after October 1, 2011
and before October 1, 2013)........
------------------------------------------------------------------------
(B)(iii) Subsequent loan described 1.25 NA
in section 3710(a) to purchase or
construct a dwelling with 0-down,
or any other subsequent loan
described in section 3710(a)
(closed on or after October 1,
2013)..............................
------------------------------------------------------------------------
(C)(i) Loan described in section 1.50 NA
3710(a) to purchase or construct a
dwelling with 5-down (closed before
October 1, 2011)...................
------------------------------------------------------------------------
(C)(ii) Loan described in section 0.75 NA
3710(a) to purchase or construct a
dwelling with 5-down (closed on or
after October 1, 2011).............
------------------------------------------------------------------------
(D)(i) Initial loan described in 1.25 NA
section 3710(a) to purchase or
construct a dwelling with 10-down
(closed before October 1, 2011)....
------------------------------------------------------------------------
(D)(ii) Initial loan described in 0.50 NA
section 3710(a) to purchase or
construct a dwelling with 10-down
(closed on or after October 1,
2011)..............................
------------------------------------------------------------------------
(E) Interest rate reduction 0.50 NA
refinancing loan...................
------------------------------------------------------------------------
(F) Direct loan under section 3711.. 1.00 NA
------------------------------------------------------------------------
(G) Manufactured home loan under 1.00 NA
section 3712 (other than an
interest rate reduction refinancing
loan)..............................
------------------------------------------------------------------------
(H) Loan to Native American veteran 1.25 NA
under section 3762 (other than an
interest rate reduction refinancing
loan)..............................
------------------------------------------------------------------------
(I) Loan assumption under section 0.50 0.50
3714...............................
------------------------------------------------------------------------
(J) Loan under section 3733(a)...... 2.25 2.25''.
------------------------------------------------------------------------
(b) Conforming Amendments.--(1) Paragraph (4)(A) of such section is
amended to read as follows:
``(A) The term `veteran' means any veteran eligible for the
benefits of this chapter.''.
(2) Paragraph (4) of such section is amended by striking
subparagraph (B) and redesignating subparagraphs (C), (D), (E), (F),
(G), (H), and (I) as subparagraphs (B), (C), (D), (E), (F), (G), and
(H), respectively.
Passed the House of Representatives May 21, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Selected Reserve Home Loan Equity Act - Makes permanent (currently expires at the end of FY 2009) the authority for individuals who complete six years of service in the Selected Reserve to receive home loans guaranteed, insured, or made through the Department of Veterans Affairs.
Prescribes uniform fees for members of the Selected Reserve and veterans eligible for such home loans through qualifying active duty service. (Currently, separate fees apply to active duty veterans and reservists.) | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Nuclear Nonproliferation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Numerous bi-partisan commissions and study groups,
including the Iraq Study Group co-chaired by James A. Baker III
and Lee H. Hamilton, a 2004 working group established under the
Council on Foreign Relations and co-chaired by Robert Gates and
Zbigniew Brzezinski, and a 2001 Atlantic Council of the United
States Working Group, co-chaired by Lee H. Hamilton, James
Schlesinger, and Brent Scowcroft have called for various forms
of dialogue and engagement with Iran in order to achieve United
States strategic interests in the Middle East region.
(2) Implementing effective strategies to deflect or deter
Iran from acquiring nuclear weapons, or pursuing the
development of nuclear weapons capabilities, is an important
United States strategic interest.
(3) Establishing a diplomatic dialogue with the Government
of Iran and deepening relationships with the Iranian people
would help foster greater understanding between the people of
Iran and the people of the United States and would enhance the
stability and security of the Persian Gulf region, including by
reducing the threat of the proliferation or use of nuclear
weapons in the region, while advancing other United States
foreign policy objectives in that region.
(4) The Iraq Study Group Report states ``Iran's interests
would not be served by a failure of U.S. policy that led to
chaos and the territorial disintegration of the Iraqi state'',
and therefore, the Government of the United States should build
upon this mutual interest to develop a diplomatic dialogue with
the Government of Iran concerning deteriorating conditions in
Iraq, which can become a basis of broader future United States-
Iranian engagement.
(5) Given the dispersal of Iran's nuclear program at sites
throughout the country and their proximity to urban centers,
the use of military force against Iran would be extraordinarily
difficult and probably ineffective, the immediate consequences
and loss of life would be drastic, and the long-term
instability generated would be against long-term United States
interests in the region.
(6) Any military action designed to eliminate Iran's
capacity to produce nuclear weapons would run the significant
risk of reinforcing and accelerating the desire of the
Government of Iran to acquire a nuclear deterrent and
compounding nationalist passions in defense of that very
course, and would most likely also generate hostile Iranian
initiatives in Iraq and Afghanistan.
(7) Together, the ongoing efforts of the International
Atomic Energy Agency (IAEA) along with corresponding
multilateral sanctions recently adopted by the United Nations
Security Council offer a viable path for steering Iran's
nuclear efforts along peaceful lines, provided that there is
close multilateral coordination and steadfastness in the
adherence to the sanctions and firm United States leadership in
support of the multilateral effort.
(8) According to the most definitive United States
intelligence reports, Iran is likely a decade away from
acquiring the know-how and material to have an option to build
a nuclear weapon, and even the most pessimistic analysis by
outside experts puts the timeline at least three years away,
assuming Iran suffers no setbacks during development, which
would be unprecedented.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) full diplomatic, political, and economic relations
between the United States and Iran cannot be normalized unless
and until enforceable safeguards are put in place to prevent
weaponization of Iran's nuclear program and the Government of
Iran ends its support for international terrorist groups, but
the attainment of these policy objectives should not constitute
preconditions for any diplomatic dialogue; and
(2) no congressional authorization for the use of military
force in any Act of Congress enacted before the date of the
enactment of this Act constitutes, either implicitly or
explicitly, an authorization for the use of military force
against Iran or its nuclear program.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States not to enter into a
preemptive war against Iran in the absence of an imminent threat, and
then only in accordance with international law and constitutional and
statutory requirements for congressional authorization.
SEC. 5. LIMITATION ON USE OF FUNDS.
No funds appropriated or otherwise made available to the Department
of Defense or any other department or agency of the Government of the
United States may be used to carry out any covert action for the
purpose of causing regime change in Iran or to carry out any military
action against Iran in the absence of an imminent threat, in accordance
with international law and constitutional and statutory requirements
for congressional authorization. | Iran Nuclear Nonproliferation Act - Expresses the sense of Congress that: (1) full diplomatic, political, and economic relations between the United States and Iran cannot be normalized unless enforceable safeguards are put in place to prevent weaponization of Iran's nuclear program and the government of Iran ends its support for international terrorist groups, but the attainment of these objectives should not constitute preconditions for any diplomatic dialogue; and (2) no congressional authorization for the use of military force in any Act enacted before the date of enactment of this Act constitutes an authorization for the use of military force against Iran or its nuclear program.
States as the policy of the United States not to enter into a preemptive war against Iran in the absence of an immediate threat, and then only in accordance with international law and constitutional and statutory requirements for congressional authorization.
Prohibits funds available to the Department of Defense (DOD) or any other federal department or agency from being used to carry out any covert action for the purpose of causing regime change in Iran or to carry out any military action against Iran in the absence of an imminent threat. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Individuals Return to
Employment Act'' or the ``HIRE Act''.
SEC. 2. COMMUNITY EMPLOYMENT GRANTS.
(a) Grants Authorized.--The Secretary of Labor is authorized to
award competitive grants for the hiring of unemployed individuals to
perform work to benefit communities, under terms and conditions set
forth in this section.
(b) Eligible Entities.--Grants under this section may be awarded to
any of the following entities in the areas described in subsection (c):
(1) Units of local government.
(2) Workforce investment boards, established pursuant to
section 117 of the Workforce Investment Act of 1998 (29 U.S.C.
2832).
(3) Non-profit organizations described in section 501(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
(c) Targeted Communities.--Grants under this section may be awarded
to eligible entities located in or primarily serving in one of the
following areas, if the unemployment rate in such area is higher than 7
percent during the 3-month period preceding the award of the grant:
(1) A renewal community with respect to which a designation
was in effect under section 1400E(a) of the Internal Revenue
Code of 1986 (26 U.S.C. 1400E(a)) on December 31, 2009.
(2) An empowerment zone designated under section 1391 of
such Code.
(3) A historically underutilized business zone designated
under section 3(p)(1) of the Small Business Act (15 U.S.C.
632(p)(1)).
(d) Individuals Eligible for Employment.--Grants awarded under this
section shall be used to hire unemployed individuals residing in the
areas described in subsection (c), including individuals age 16 and
older, with priority going to individuals who have been unemployed for
more than a year.
(e) Limitations.--
(1) Union consultation.--No individual whose employment is
funded under a grant authorized under this Act may work for an
employer at which a collective bargaining agreement is in
effect covering the same or similar work, unless--
(A) the consent of the labor organization at such
employer is obtained; and
(B) negotiations have taken place between such
labor organization and the employer as to the terms and
conditions of such employment.
(2) Nondisplacement.--An individual whose employment is
funded under this Act may not displace other employees whose
employment is not funded under this Act. A grant recipient
under this Act may not hire an employee or employees with funds
under this Act for any employment which the grant recipient
would otherwise hire an employee who has been furloughed.
(f) Effect on Unemployment Compensation.--The amount of any
unemployment compensation payable to an individual employed under a
grant established by this Act is a pro rata portion of the unemployment
compensation which would otherwise be payable to the employee if such
employee were totally unemployed.
(g) Consultation Requirement.--An eligible entity that receives a
grant under this Act shall consult with community leaders, including
small business owners, labor organizations, and local residents to
assess the needs of the community to determine the qualifying
activities for which individuals will be hired.
(h) Qualifying Activities.--Individuals hired using grant funds
awarded under this section shall be employed for a minimum of 20 hours
per week only in activities that benefit the community in the areas
described in subsection (c), including activities such as public works,
beautification, historic restoration, tutoring, and adult education. In
addition, where an eligible entity determines appropriate, a portion of
the grant funds may be used to ensure the safety of employees hired
under the grant and provide necessary job training.
(i) Federal Share.--Funds awarded under this section shall
supplement, not supplant, funds of the eligible entity that are used
for such purposes.
(j) Application.--Eligible entities seeking a grant under this
section shall submit an application to the Secretary at such time, in
such form, and containing such information and assurances as the
Secretary may require.
(k) Required Deadline for Hiring.--An eligible entity receiving a
grant under this section shall--
(1) determine the number of individuals that may be hired
for a 3-year period using both grant funds and local funds
available for such purpose; and
(2) hire such individuals within 60 days after receiving a
grant.
(l) Regulations.--The Secretary of Labor may promulgate regulations
necessary to implement the grant program authorized by this Act,
including any necessary regulations necessary to apply wage and labor
protections to individuals employed under a grant.
(m) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Labor such sums as may be necessary to
carry out this section. | Helping Individuals Return to Employment Act or HIRE Act - Authorizes the Secretary of Labor to award competitive grants to eligible entities to hire unemployed individuals age 16 and older to perform a minimum of 20 hours per week of work to benefit certain communities, including activities such as public works, beautification, historic restoration, tutoring, and adult education.
Restricts such grants to eligible entities located in or primarily serving in a community designated either as a renewal community, an empowerment zone, or a historically underutilized business zone (HUBZone), if the unemployment rate in the area is higher than 7% during the 3-month period preceding award of the grant.
Requires that priority in the award of grants be given to individuals who have been unemployed for more than a year.
Prescribes certain grant limitations. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Local Transportation
Security Capabilities Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Public and private sector stakeholders.--The term
``public and private sector stakeholders'' has the meaning
given such term in section 114(u)(1)(C) of title 49, United
States Code.
(2) Surface transportation asset.--The term ``surface
transportation asset'' includes facilities, equipment, or
systems used to provide transportation services by--
(A) a public transportation agency (as such term is
defined in section 1402(5) of the Implementing
Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1131(5)));
(B) a railroad carrier (as such term is defined in
section 20102(3) of title 49, United States Code);
(C) an owner or operator of--
(i) an entity offering scheduled, fixed-
route transportation services by over-the-road
bus (as such term is defined in section 1501(4)
of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6
U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or
systems, as determined by the Secretary.
(3) Transportation facility.--The term ``transportation
facility'' means a bus terminal, intercity or commuter
passenger rail station, airport, multi-modal transportation
center, or other transportation facility, as determined by the
Secretary of Homeland Security.
SEC. 3. THREAT INFORMATION SHARING.
(a) Prioritization.--The Secretary of Homeland Security shall
prioritize the assignment of officers and intelligence analysts under
section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) from
the Transportation Security Administration and, as appropriate, from
the Office of Intelligence and Analysis of the Department of Homeland
Security, to locations with participating State, local, and regional
fusion centers in jurisdictions with a high-risk surface transportation
asset in order to enhance the security of such assets, including by
improving timely sharing of classified information regarding terrorist
and other threats.
(b) Intelligence Products.--Officers and intelligence analysts
assigned to locations with participating State, local, and regional
fusion centers under this section shall participate in the generation
and dissemination of transportation security intelligence products,
with an emphasis on terrorist and other threats to surface
transportation assets that--
(1) assist State, local, and tribal law enforcement
agencies in deploying their resources, including personnel,
most efficiently to help detect, prevent, investigate,
apprehend, and respond to terrorist and other threats;
(2) promote more consistent and timely sharing of threat
information among jurisdictions; and
(3) enhance the Department of Homeland Security's
situational awareness of such terrorist and other threats.
(c) Clearances.--The Secretary of Homeland Security shall make
available to appropriate owners and operators of surface transportation
assets, and any other person that the Secretary determines appropriate
to foster greater sharing of classified information relating to
terrorist and other threats to surface transportation assets, the
process of application for security clearances under Executive Order
No. 13549 (75 Fed. Reg. 162; relating to a classified national security
information program) or any successor Executive order.
SEC. 4. INTEGRATED AND UNIFIED OPERATIONS CENTERS.
(a) Framework.--Not later than 120 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration, in consultation with the heads of other appropriate
offices or components of the Department of Homeland Security, shall
make available to public and private sector stakeholders a framework
for establishing an integrated and unified operations center
responsible for overseeing daily operations of a transportation
facility that promotes coordination for responses to terrorism, serious
incidents, and other purposes, as determined appropriate by the
Administrator.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator of the Transportation Security
Administration shall report to the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate regarding the establishment and
activities of integrated and unified operations centers at
transportation facilities at which the Transportation Security
Administration has a presence.
SEC. 5. LOCAL LAW ENFORCEMENT SECURITY TRAINING.
(a) In General.--The Secretary of Homeland Security, in
consultation with public and private sector stakeholders, may develop,
through the Federal Law Enforcement Training Centers, a training
program to enhance the protection, preparedness, and response
capabilities of law enforcement agencies with respect to terrorism and
other serious incidents at a surface transportation asset.
(b) Requirements.--If the Secretary of Homeland Security develops
the training program described in subsection (a), such training program
shall--
(1) be informed by current information regarding terrorist
tactics;
(2) include tactical instruction tailored to the diverse
nature of the surface transportation asset operational
environment; and
(3) prioritize training officers from law enforcement
agencies that are eligible for or receive grants under sections
2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604
and 605) and
officers employed by railroad carriers that operate passenger
service, including interstate passenger service.
Passed the House of Representatives March 22, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Strengthening Local Transportation Security Capabilities Act of 2018 (Sec. 3) This bill directs the Department of Homeland Security (DHS) to prioritize the assignment of officers and intelligence analysts from the Transportation Security Administration (TSA) and DHS's Office of Intelligence and Analysis, to locations with participating state, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such asset. A "surface transportation asset" includes facilities, equipment, or systems used to provide transportation services by: (1) a public transportation agency, (2) a railroad carrier, (3) an owner or operator of bus services or a bus terminal, or (4) other facilities as determined by DHS. Officers and intelligence analysts assigned to locations with participating state, local, and regional fusion centers shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on terrorist and other threats to surface transportation assets that: (1) assist state, local, and tribal law enforcement agencies in deploying their resources; (2) promote more consistent and timely sharing of threat information among jurisdictions; and (3) enhance DHS's situational awareness of such terrorist and other threats. (Sec. 4) The TSA shall: (1) make available to public and private sector stakeholders a framework for establishing an integrated and unified operations center responsible for overseeing daily operations of a transportation facility that promotes coordination for responses to terrorism, serious incidents, and other purposes; and (2) report to the House Committee on Homeland Security and the Senate Committee on Commerce, Science, and Transportation on operations centers at transportation facilities at which the TSA has a presence. (Sec. 5) DHS, may develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to terrorism and other serious incidents at a surface transportation asset. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Trade Transparency Act
of 2017''.
SEC. 2. DISCLOSURE BY PRESIDENT OF INCOME, ASSETS, AND LIABILITIES
ASSOCIATED WITH COUNTRIES WITH WHICH THE UNITED STATES IS
NEGOTIATING A TRADE OR INVESTMENT AGREEMENT.
(a) In General.--Before initiating or continuing negotiations with
a country for a trade or investment agreement, the President shall
submit to Congress a report, in accordance with subsection (b) or (c),
containing a full and complete statement of income earned, assets held,
and liabilities owed by the President and associated with the country
in the 12-month period preceding the submission of the report.
(b) Timing of Report for New Negotiations.--In the case of
negotiations for a trade or investment agreement with a country
initiated on or after the date of the enactment of this Act, the
President shall submit the report required by subsection (a)--
(1) in the case of negotiations subject to the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015
(19 U.S.C. 4201 et seq.) with respect to which the President is
required to submit a notification under section 103(a)(2) or
105(a)(1)(A) of that Act (19 U.S.C. 4202(a)(2) and
4204(a)(1)(A)), not later than the date on which the President
submits the notification;
(2) in the case of negotiations subject to the Uruguay
Round Agreements Act (19 U.S.C. 3501 et seq.), not later than
the date on which the President submits the report required by
section 115(2) of that Act (19 U.S.C. 3524(2));
(3) in the case of negotiations subject to the North
American Free Trade Agreement Implementation Act (19 U.S.C.
3301 et seq.), not later than the date on which the President
submits the report required by section 103(a)(2) of that Act
(19 U.S.C. 3313(a)(2)); or
(4) in the case of negotiations for a trade or investment
agreement not covered by paragraph (1), (2), or (3), not less
than 60 days before initiating the negotiations.
(c) Timing of Report for Pending Negotiations.--In the case of
negotiations for a trade or investment agreement with a country
initiated before the date of the enactment of this Act, the President
shall submit the report required by subsection (a) with respect to that
country not later than 90 days after such date of enactment.
SEC. 3. DISCLOSURE BY PRESIDENT OF INCOME, ASSETS, AND LIABILITIES
ASSOCIATED WITH COUNTRIES SUBJECT TO PRESIDENTIAL
DETERMINATIONS IN TRADE ENFORCEMENT ACTIONS.
(a) In General.--Before taking a covered action under a trade
enforcement law with respect to a country, the President shall submit
to Congress, in accordance with subsection (b), a report containing a
full and complete statement of income earned, assets held, and
liabilities owed by the President and associated with the country in
the 12-month period preceding the submission of the report.
(b) Timing of Report.--The President shall submit the report
required by subsection (a)--
(1) in the case of a covered action under section 201 of
the Trade Act of 1974 (19 U.S.C. 2251) with respect to which a
document is required to be transmitted to Congress under
section 203(b) of that Act (19 U.S.C. 2253(b)), not less than
30 days before the President transmits the document;
(2) in the case of a covered action under section 301 of
the Trade Act of 1974 (19 U.S.C. 2411) that is the subject of a
direction of the President as described in subsection (a)(1) or
(b)(2) of that section, not less than 30 days before making
that direction;
(3) in the case of a covered action under section 337 of
the Tariff Act of 1930 (19 U.S.C. 1337), not later than 30 days
after the date on which a copy of the determination of the
United States International Trade Commission is transmitted to
the President under subsection (j) of that section;
(4) in the case of a covered action under section 701(b)(2)
of the Trade Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4421(b)(2)), not later than the date on which the report
required under subparagraph (B) of that section is submitted to
Congress; or
(5) in the case of a covered action not covered by
paragraph (1), (2), (3), or (4), not less than 30 days before
taking such action.
(c) Definitions.--In this section:
(1) Covered action.--The term ``covered action'' means--
(A) the modification under a trade enforcement law
of a duty imposed with respect to articles imported
from a country; or
(B) waiving action, or declining to exercise
authority to take action, under a trade enforcement law
in a trade enforcement matter with respect to a
country.
(2) Trade enforcement law.--The term ``trade enforcement
law'' means--
(A) chapter I of title II of the Trade Act of 1974
(19 U.S.C. 2251 et seq.);
(B) title III of that Act (19 U.S.C. 2411 et seq.);
(C) section 122 of that Act (19 U.S.C. 2132);
(D) section 406, 421, or 422 of that Act (19 U.S.C.
2436, 2451, and 2451a);
(E) sections 337 and 338(a) of the Tariff Act of
1930 (19 U.S.C. 1337 and 1338(a));
(F) section 232 of the Trade Expansion Act of 1962
(19 U.S.C. 1862);
(G) section 701 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4421);
(H) the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.); or
(I) any other provision of law providing the
President with authority to restrict trade with a
foreign country through modification of a duty on
imports.
SEC. 4. DISCLOSURE BY PRESIDENT OF INCOME, ASSETS, AND LIABILITIES
ASSOCIATED WITH COUNTRIES ELIGIBLE FOR TRADE PREFERENCE
PROGRAMS.
(a) In General.--Before taking a covered action under a trade
preference program with respect to a country or an article imported
from a country, the President shall submit to Congress, in accordance
with subsection (b), a report containing a full and complete statement
of income earned, assets held, and liabilities owed by the President
and associated with the country in the 12-month period preceding the
submission of the report.
(b) Timing of Report.--The President shall submit the report
required by subsection (a)--
(1) in the case of a covered action under title V of the
Trade Act of 1974 (19 U.S.C. 2461 et seq.) with respect to
which the President is required to submit a notification under
section 502(f) of the Trade Act of 1974 (19 U.S.C. 2462(f)) or
a report under section 506A(a)(2) of that Act (19 U.S.C.
2466a(a)(2)), at the time the President submits the
notification or report;
(2) in the case of a covered action under the Caribbean
Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) with
respect to which the President is required to submit a
notification under paragraph (1) or (2) of section 212(a) of
that Act (19 U.S.C. 2702(a)) or a report under section
213(b)(2)(A)(v)(II)(cc) of that Act (19 U.S.C.
2703(b)(2)(A)(v)(II)(cc)), at the time the President submits
the notification or report; or
(3) in the case of a covered action not covered by
paragraph (1) or (2), not later than 60 days before taking the
action.
(c) Definitions.--In this section:
(1) Covered action.--The term ``covered action'' means--
(A) the designation of a country as eligible for
preferential treatment under a trade preference
program;
(B) the termination of such a designation;
(C) any determination with respect to the
eligibility of an article for preferential treatment
under a trade preference program;
(D) the withdrawal, suspension, or limitation of
preferential treatment under a trade preference program
with respect to a country or an article; or
(E) the exercise of the authority to waive the
competitive need limitation with respect to an article
under section 503(d) of the Trade Act of 1974 (19
U.S.C. 2463(d)).
(2) Trade preference program.--The term ``trade preference
program'' means--
(A) the Generalized System of Preferences under
title V of the Trade Act of 1974 (19 U.S.C. 2461 et
seq.);
(B) the African Growth and Opportunity Act (19
U.S.C. 3701 et seq.);
(C) the Caribbean Basin Economic Recovery Act (19
U.S.C. 2701 et seq.); or
(D) section 915 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4454).
SEC. 5. CONTENTS OF DISCLOSURE REPORTS.
The President shall include in a report required under section 2,
3, or 4 with respect to a country--
(1) the information specified in section 102(a) of the
Ethics in Government Act of 1978 (5 U.S.C. App. 102(a)), with
respect to each source of income, each asset, and each
liability associated with the country; and
(2) a detailed description of the nature of the association
of each such source of income, asset, or liability with the
country.
SEC. 6. EFFECT OF FAILURE TO TIMELY DISCLOSE.
(a) Tariff Modifications.--If the President fails to submit a
report required by this Act with respect to an action modifying tariff
treatment with respect to articles imported from a country by the time
required by this Act, any instrument providing for the modification of
such tariff treatment shall have no force or effect.
(b) Trade and Investment Agreements.--If the President fails to
submit a report required by section 2 with respect to negotiations for
a trade or investment agreement with a country by the time required by
that section, the implementing bill submitted to Congress with respect
to that agreement shall not be eligible for the trade authorities
procedures under section 103 of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 (19 U.S.C. 4202).
SEC. 7. DEFINITIONS.
In this Act:
(1) Associated with a country.--The term ``associated with
a country'' or ``associated with the country''--
(A) with respect to an asset, means--
(i) any financial account maintained by a
financial institution that is a person of the
country;
(ii) any stock or security issued by a
person of the country;
(iii) any financial instrument or contract
held for investment that has an issuer or
counterparty that is a person of the country;
(iv) any interest in a person of the
country; or
(v) any real property located in the
country or in which a person of the country,
including any representative or agent of the
government of the country, has a financial
interest;
(B) with respect to income, includes dividends,
rents, interest, or capital gains or any other income
(as defined in section 61 of the Internal Revenue Code
of 1986) received directly or indirectly from an asset
associated with the country or any gift or
reimbursement received from a person of the country,
including any representative or agent of the government
of the country; and
(C) with respect to a liability, refers to any
liability owed to any creditor that is a person of the
country, including an enterprise owned or controlled by
the government of the country.
(2) Person of the country.--
(A) In general.--Except as provided in subparagraph
(B), with respect to a country, the term ``person of
the country'' means--
(i) an individual who is a citizen of the
country; or
(ii) a branch, partnership, group or
subgroup, association, estate, trust,
corporation or division of a corporation, or
other organization if--
(I) it is organized under the laws
of the country;
(II) its principal place of
business is in the country; or
(III) its equity securities are
primarily traded on one or more
exchanges of the country.
(B) Exception.--The term ``person of the country''
does not include any branch, partnership, group or
subgroup, association, estate, trust, corporation or
division of a corporation, or other organization for
which it is demonstrated that a majority of the equity
interest in the organization is ultimately owned by
nationals of the United States. | Presidential Trade Transparency Act of 2017 This bill requires the President to submit to Congress a report containing a full and complete statement of the President's income earned, assets held, and liabilities owed in the preceding 12 months that are associated with a foreign country: with which the United States is negotiating a trade or investment agreement, that is subject to a presidential trade enforcement action determination modifying the tariff treatment of imported articles from such country, or that is designated as eligible for preferential trade treatment under a trade preference program. If the President fails to report such information to Congress: any instrument providing for the modification of such tariff treatment shall have no force or effect, and the bill implementing such a trade or investment agreement shall not be eligible for trade authorities (fast track) procedures under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debbie Blanchard Access to Health
Care for Individuals With Disabilities Act of 2010''.
SEC. 2. FINDINGS.
(1) According to the Bureau of the Census, approximately 1
in 5 people in the United States lives with some sort of
physical disability.
(2) More than 54,000,000 individuals in the United States
report some level of disability and approximately 34,000,000 of
such individuals are classified as having a severe disability.
(3) An estimated 11,000,000 individuals aged 6 and older
need personal assistance with everyday activities, including
taking a bath or shower, preparing meals, and getting around
the home.
(4) Five percent of the United States population over age
15 uses a wheelchair or similar device, cane, crutches, or
walker.
(5) The number of individuals with physical disabilities
continues to increase, and the Centers for Disease Control and
Prevention recently announced that the agency was revising its
estimate of the number of individuals with spina bifida, the
most common permanently disabling birth defect in the United
States, from an estimated 70,000 to an estimated 166,000.
(6) Studies have found that individuals with disabilities
have significant difficulty in accessing routine and
specialized health care and that numerous barriers to acquiring
health care exist for such individuals.
(7) Approximately 1 in 3 women with a disability reports
being denied services at a physician's office solely because of
her disability.
(8) Research shows that women with disabilities are less
likely to have pap smears and mammograms, are more likely to be
diagnosed with breast cancer at later stages of the disease,
are less likely to receive standard treatments, and are more
likely to have worse outcomes.
(9) Individuals with disabilities report that one of the
top barriers to accessing necessary health care is the
inability to find an accessible health care provider or
identify providers who understand how to treat individuals with
disabilities and who are willing to have such individuals as
patients.
(10) The Spina Bifida Association recently announced that
one of its volunteers, Debbie Blanchard, a woman who lived with
spina bifida for 55 years, died from a late stage diagnosis of
cervical cancer stemming from her inability to find a health
care provider in her community who had an examination table
that would lower to the level necessary for her to comfortably
and safely transfer from her wheelchair to the examination
table so she could be screened for cervical cancer.
(11) Organizations representing individuals with
disabilities report that such individuals need more and better
information regarding accessible health care providers in their
communities and additional support and resources to help ensure
that such individuals receive the care they need and deserve.
SEC. 3. PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS WITH
DISABILITIES.
Title III of the Public Health Service Act (42 U.S.C. 341 et seq.)
is amended by adding after part V the following:
``PART W--PROGRAMS TO PROMOTE ACCESSIBLE HEALTH CARE FOR INDIVIDUALS
WITH DISABILITIES
``SEC. 399OO. STATE GRANTS FOR THE CREATION OF DISABILITY ACCESSIBLE
PROVIDER DIRECTORIES.
``(a) In General.--The Secretary shall award grants to States for
the purpose of developing and maintaining or updating and improving
State-based, Internet directories of health care providers that are
known to have entrances, examination rooms, and examination tables
accessible to individuals with disabilities. Such grants shall be
formula-based, factoring in each State's population of individuals with
disabilities.
``(b) Definition.--In this part, the term `individual with a
disability' has the meaning given such term in section 7(20) of the
Rehabilitation Act of 1973.
``(c) Requirement of Application.--To be eligible to receive a
grant under this section, a State shall submit to the Secretary an
application at such time, in such manner, and containing such
agreements, assurances, and information as the Secretary may require.
Applications shall explain how individuals with disabilities and health
care providers may submit information for inclusion in the Internet
directory of the State.
``(d) Authorized Activities.--
``(1) In general.--Recipients of a grant under this section
shall use grant funds to--
``(A) develop and maintain an Internet directory or
other such publicly available directory of information
regarding individual providers, clinics, hospitals, and
other health care facilities and providers in the State
that are known to have entrances, examination rooms,
and examination tables accessible to individuals with
disabilities; or
``(B) update or improve an existing, publicly
available directory of information regarding individual
providers, clinics, hospitals, and other health care
facilities and providers in the State that are known to
have entrances, examination rooms, and examination
tables accessible to individuals with disabilities.
``(2) Directory contents.--Each directory developed and
maintained by a grant recipient, as described in paragraph
(1)(A) or updated and improved by a grant recipient, as
described in paragraph (1)(B), shall include--
``(A) the full name, address, and telephone number
of each provider, clinic, hospital, and health care
facility included in the directory; and
``(B) specific information about the accommodations
provided by each such provider, clinic, hospital, and
health care facility to individuals with disabilities.
``SEC. 399OO-1. IMPROVING PROVIDER AND PATIENT AWARENESS OF THE NEED
FOR ACCESSIBLE HEALTH CARE FACILITIES FOR PEOPLE WITH
DISABILITIES.
``(a) Pilot Program.--
``(1) In general.--The Secretary, acting through the Office
on Disability of the Department of Health and Human Services
and in collaboration with national organizations representing
individuals with disabilities and health professional
societies, shall establish a pilot program to increase the
awareness of health care providers of the need to offer
accessible environments and examination rooms and examination
tables for individuals with disabilities and to increase
voluntary compliance with Federal accessibility requirements.
``(2) Development and dissemination of resources.--The
Secretary shall ensure that, under the pilot program
established under paragraph (1), resources are developed for,
and distributed to, health care providers to increase awareness
of the need to offer accessible environments and examination
rooms and examination tables for individuals with disabilities.
Such resources shall include supportive information with
respect to--
``(A) accommodating individuals with disabilities;
``(B) modifications that can be made to physical
environments to ensure accessibility; and
``(C) training regarding how to safely accommodate
an individual in a wheelchair.
``(3) Targeted providers.--The pilot program shall be
designed to target health care professionals and health care
providers, including--
``(A) primary care providers, such as physicians,
nurse practitioners, and physician assistants, and the
individuals who answer the telephones in the offices of
such providers;
``(B) dentists and the individuals who answer the
telephones in the offices of dentists;
``(C) health care clinics, including community
health centers and radiology and imaging centers;
``(D) inpatient and outpatient hospitals,
ambulatory surgery centers, urgent care centers, and
rehabilitation facilities; and
``(E) specialists, such as obstetricians and
gynecologists.
``(4) Program materials and messages.--Any materials and
messages of the pilot program, including the resources designed
and distributed as described in paragraph (2), shall reflect
and incorporate information, findings, and materials otherwise
developed by the Federal Government, such as information
available through the `Right to Know Health Promotion Campaign'
of the Centers for Disease Control and Prevention, and shall be
field-tested and presented to focus groups to ensure
effectiveness.
``(5) Program evaluation.--The Secretary shall conduct an
evaluation of the effectiveness of the pilot program and make
any necessary revisions to the program to ensure effectiveness
and support in nationwide implementation of the program.
``(b) Information for Individuals With Disabilities.--
``(1) In general.--The Secretary, acting through the Office
on Disability of the Department of Health and Human Services,
in collaboration with national organizations representing
individuals with disabilities, shall develop and disseminate
resources to support individuals with disabilities in finding
providers that are accessible to such individuals.
``(2) Contents.--The resources described in paragraph (1)
shall--
``(A) include a concise list of questions for
individuals with disabilities to ask when calling a
health care provider for the first time to schedule an
appointment, and suggestions for explaining the special
needs of such individual to the provider and for
seeking accommodation from the provider;
``(B) be culturally appropriate and at appropriate
literacy levels for the target audience;
``(C) reflect and incorporate information,
findings, and materials otherwise developed by the
Federal Government, such as information available
through the `Right to Know Health Promotion Campaign'
of the Centers for Disease Control and Prevention;
``(D) be field-tested and presented to focus groups
to ensure effectiveness; and
``(E) be disseminated on the Internet and through
other means to ensure that individuals with
disabilities receive support and assistance in their
efforts to identify accessible health care providers in
their communities.
``SEC. 399OO-2. ADVISORY COMMITTEE AND REPORT TO CONGRESS.
``(a) Establishment of the Advisory Committee.--The Secretary shall
establish a National Advisory Committee on Access to Health Care for
Individuals With Disabilities (referred to in this section as the
`Advisory Committee') to support implementation of this part and to
ensure interagency coordination of efforts to improve access to care
for individuals with disabilities.
``(b) Responsibilities.--The responsibilities of the Advisory
Committee shall include--
``(1) reviewing applications for grants under section
399OO;
``(2) evaluating the grant program under section 399OO;
``(3) reviewing and providing feedback on the resources and
other materials developed under section 399OO-1;
``(4) assisting with the dissemination of the information
and resources developed under sections 399OO and 399OO-1; and
``(5) ensuring coordination of efforts within the
Department of Health and Human Services to increase access to
care for individuals with disabilities and to disseminate
information regarding accessible entrances, examination rooms,
and tables of health care providers.
``(c) Membership.--
``(1) In general.--The members of the Advisory Committee
shall include representatives of--
``(A) the Office on Disability of the Department of
Health and Human Services;
``(B) the Office of Minority Health of the
Department of Health and Human Services;
``(C) the Office for Civil Rights of the Department
of Health and Human Services;
``(D) the Health Resources and Services
Administration, including the Bureau of Primary Health
Care, the Office of Minority Health and Health
Disparities, and the Office of Equal Opportunity and
Civil Rights of such administration;
``(E) the Centers for Disease Control and
Prevention;
``(F) the Agency for Healthcare Research and
Quality;
``(G) the Centers for Medicare & Medicaid Services;
``(H) other Federal agencies, such as the
Department of Veterans Affairs, as appropriate;
``(I) at least 5 private nonprofit organizations
that are dedicated to improving the quality of life of,
and facilitating access to health care for, individuals
with disabilities; and
``(J) at least 3 health professional societies.
``(2) Voluntary service.--Members of the Advisory Committee
shall serve without compensation.
``SEC. 399OO-3. REPORT TO CONGRESS.
``The Secretary shall, not later than 1 year after the date of
enactment of this part and annually thereafter, submit to Congress a
report summarizing the activities, findings, outcomes, and
recommendations resulting from the grant and pilot programs and other
activities under this part.
``SEC. 399OO-4. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part,
such sums as may be necessary for fiscal years 2011 through 2015.''. | Debbie Blanchard Access to Health Care for Individuals With Disabilities Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award grants to states to develop, maintain, and improve Internet directories of health care providers that are known to have entrances, examination rooms, and examination tables that are accessible to individuals with disabilities.
Requires the Secretary, acting through the Office on Disability of HHS, to: (1) establish a pilot program to increase the awareness of health care providers of the need to offer accessible environments, examination rooms, and examination tables for individuals with disabilities and to increase voluntary compliance with federal accessibility requirements; and (2) develop and disseminate resources to support individuals with disabilities in finding providers that are accessible to such individuals, which shall include a concise list of questions for individuals with disabilities to ask when calling a health care provider for the first time to schedule an appointment and suggestions for explaining the special needs of such individuals to the provider and for seeking accommodation from the provider.
Requires the Secretary to establish a National Advisory Committee on Access to Health Care for Individuals With Disabilities to support implementation of this Act and to ensure interagency coordination of efforts to improve access to care for individuals with disabilities. | [
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SECTION 1. NATIONAL MANUFACTURING STRATEGY.
(a) Assessment of United States Manufacturing.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Commerce shall assess the United States economy to determine what goods
the United States currently produces, where such goods are produced, in
which manufacturing sector the United States is most competitive in the
global economy, and what policies are necessary to maintain or increase
the competitiveness of United States manufacturing in the global
economy.
(b) National Manufacturing Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall develop a
comprehensive national manufacturing strategy.
(2) Goals of strategy.--The goals of the strategy required
by paragraph (1) are as follows:
(A) To increase the aggregate number of
manufacturing jobs in the United States.
(B) To identify emerging technologies to strengthen
the competitiveness of the United States in the global
marketplace.
(C) To strengthen manufacturing sectors in which
the United States is most competitive in the global
economy.
(3) Submittal of strategy.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
submit to Congress the strategy required by paragraph (1).
(c) Targets for Growth of the United States Manufacturing Sector.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish
targets for the growth of United States manufacturing,
including targets for job creation, for each of fiscal years
2012 through 2016.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the targets established by the Secretary pursuant to
paragraph (1).
(d) Survey of Manufacturing Support Programs.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall--
(A) conduct a survey of all Federal agencies that
provide support to United States manufacturers,
including--
(i) the Department of Commerce;
(ii) the Department of Defense;
(iii) the Department of Energy;
(iv) the Department of Labor;
(v) the Department of the Treasury;
(vi) the Small Business Administration;
(vii) the Office of Management and Budget;
(viii) the Office of Science and Technology
Policy;
(ix) the Office of the United States Trade
Representative; and
(x) such other Federal agencies as the
Secretary considers appropriate; and
(B) submit to Congress a report on such survey that
includes the recommendations of the Secretary on how
each Federal agency surveyed can best support the
comprehensive national manufacturing strategy required
by subsection (b)(1).
(2) Sharing of information.--The head of each agency of the
Federal Government shall, to the extent practicable, cooperate
with the Secretary of Commerce in the conduct of the survey
required by paragraph (1) and provide to the Secretary such
information about such United States manufacturing sectors as
the Secretary may require.
(3) Listening sessions.--In conducting the survey required
by paragraph (1), the Secretary shall hold not fewer than 2
listening sessions that include witnesses from manufacturing
sectors that the Secretary considers important.
(e) Report on Progress and Trends in Manufacturing.--Not later than
180 days after the date of the enactment of this Act, the Secretary
shall submit to Congress a report that summarizes the progress and
trends in United States manufacturing since the Secretary's 2004
report, ``Manufacturing in America: A Comprehensive Strategy to Address
the Challenges to United States Manufacturers'', and 2009 report, ``A
Framework for Revitalizing American Manufacturing''.
(f) Biennial Manufacturer Survey and Report.--
(1) Survey.--Not later than 1 year after the date of the
enactment of this Act and not less frequently than once every 2
years thereafter through fiscal year 2016, the Secretary shall
conduct a survey of all persons with headquarters in the United
States that maintain manufacturing facilities outside of the
United States to identify--
(A) the categories of products manufactured at such
facilities; and
(B) the number of manufacturing jobs located at
such facilities.
(2) Promotion of development and competitiveness of
manufacturing sector.--In carrying out each survey required by
paragraph (1), the Secretary shall ensure that the information
gathered is useful for understanding how policy can be tailored
to promote development and competitiveness in the manufacturing
sector.
(3) Database.--The Secretary shall create and maintain a
database of the information collected through each survey
conducted pursuant to paragraph (1).
(4) Report.--Not later than 90 days after conducting each
survey required by paragraph (1), the Secretary shall submit to
Congress a report on the most recent survey conducted pursuant
to paragraph (1), including the following:
(A) The findings of the Secretary with respect to
such survey.
(B) Longitudinal trends in United States
manufacturing and the creation of manufacturing jobs in
the United States. | Directs the Secretary of Commerce to assess the U.S. economy to determine what goods the United States currently produces, where such goods are produced, which U.S. manufacturing sector is the most competitive in the global economy, and what policies are necessary to maintain or increase the competitiveness of U.S. manufacturing in the global economy.
Requires the Secretary to: (1) develop and submit to Congress a comprehensive national manufacturing strategy; (2) establish and submit to Congress targets for the growth of U.S. manufacturing for each of FY2012-FY2016; (3) survey all federal agencies that provide support to U.S. manufacturers, and report survey results to Congress; (4) report to Congress on progress and trends in U.S. manufacturing since a specified 2004 report by the Secretary concerning manufacturing in America; and (5) biennially survey U.S. entities that maintain manufacturing facilities outside the United States, maintain a database on information collected through each survey, and submit each survey's results to Congress. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate Tax Repeal Acceleration
(ExTRA) for Family-Owned Businesses and Farms Act''.
SEC. 2. REPEAL OF ESTATE TAX ON FAMILY-OWNED BUSINESSES AND FARMS.
(a) Carryover Business Interest Exclusion.--Part IV of subchapter A
of chapter 11 of the Internal Revenue Code of 1986 (relating to taxable
estate) is amended by inserting after section 2058 the following new
section:
``SEC. 2059. CARRYOVER BUSINESS INTERESTS.
``(a) General Rules.--
``(1) Allowance of deduction.--For purposes of the tax
imposed by section 2001, in the case of an estate of a decedent
to which this section applies, the value of the taxable estate
shall be determined by deducting from the value of the gross
estate the adjusted value of the carryover business interests
of the decedent which are described in subsection (b)(2).
``(2) Application of carryover basis rules.--With respect
to the adjusted value of the carryover business interests of
the decedent which are described in subsection (b)(2), the
rules of section 1023 shall apply.
``(b) Estates to Which Section Applies.--
``(1) In general.--This section shall apply to an estate
if--
``(A) the decedent was (at the date of the
decedent's death) a citizen or resident of the United
States,
``(B) the executor elects the application of this
section under rules similar to the rules of paragraphs
(1) and (3) of section 2032A(d) and files the agreement
referred to in subsection (e), and
``(C) during the 8-year period ending on the date
of the decedent's death there have been periods
aggregating 5 years or more during which--
``(i) the carryover business interests
described in paragraph (2) were owned by the
decedent or a member of the decedent's family,
and
``(ii) there was material participation
(within the meaning of section 2032A(e)(6)) by
the decedent, a member of the decedent's
family, or a qualified heir in the operation of
the business to which such interests relate.
``(2) Includible carryover business interests.--The
carryover business interests described in this paragraph are
the interests which--
``(A) are included in determining the value of the
gross estate,
``(B) are acquired by any qualified heir from, or
passed to any qualified heir from, the decedent (within
the meaning of section 2032A(e)(9)), and
``(C) are subject to the election under paragraph
(1)(B).
``(3) Rules regarding material participation.--For purposes
of paragraph (1)(C)(ii)--
``(A) in the case a surviving spouse, material
participation by such spouse may be satisfied under
rules similar to the rules under section 2032A(b)(5),
``(B) in the case of a carryover business interest
in an entity carrying on multiple trades or businesses,
material participation in each trade or business is
satisfied by material participation in the entity or in
1 or more of the multiple trades or businesses, and
``(C) in the case of a lending and finance business
(as defined in section 6166(b)(10)(B)(ii)), material
participation is satisfied under the rules under
subclause (I) or (II) of section 6166(b)(10)(B)(i).
``(c) Adjusted Value of the Carryover Business Interests.--For
purposes of this section--
``(1) In general.--The adjusted value of any carryover
business interest is the value of such interest for purposes of
this chapter (determined without regard to this section), as
adjusted under paragraph (2).
``(2) Adjustment for previous transfers.--The Secretary may
increase the value of any carryover business interest by that
portion of those assets transferred from such carryover
business interest to the decedent's taxable estate within 3
years before the date of the decedent's death.
``(d) Carryover Business Interest.--
``(1) In general.--For purposes of this section, the term
`carryover business interest' means--
``(A) an interest as a proprietor in a trade or
business carried on as a proprietorship, or
``(B) an interest in an entity carrying on a trade
or business, if--
``(i) at least--
``(I) 50 percent of such entity is
owned (directly or indirectly) by the
decedent and members of the decedent's
family,
``(II) 70 percent of such entity is
so owned by members of 2 families, or
``(III) 90 percent of such entity
is so owned by members of 3 families,
and
``(ii) for purposes of subclause (II) or
(III) of clause (i), at least 30 percent of
such entity is so owned by the decedent and
members of the decedent's family.
For purposes of the preceding sentence, a decedent shall be
treated as engaged in a trade or business if any member of the
decedent's family is engaged in such trade or business.
``(2) Lending and finance business.--For purposes of this
section, any asset used in a lending and finance business (as
defined in section 6166(b)(10)(B)(ii)) shall be treated as an
asset which is used in carrying on a trade or business.
``(3) Limitation.--Such term shall not include--
``(A) any interest in a trade or business the
principal place of business of which is not located in
the United States,
``(B) any interest in an entity, if the stock or
debt of such entity or a controlled group (as defined
in section 267(f)(1)) of which such entity was a member
was readily tradable on an established securities
market or secondary market (as defined by the
Secretary) at any time,
``(C) that portion of an interest in an entity
transferred by gift to such interest within 3 years
before the date of the decedent's death, and
``(D) that portion of an interest in an entity
which is attributable to cash or marketable securities,
or both, in any amount in excess of the reasonably
anticipated business needs of such entity.
In any proceeding before the United States Tax Court involving
a notice of deficiency based in whole or in part on the
allegation that cash or marketable securities, or both, are
accumulated in an amount in excess of the reasonably
anticipated business needs of such entity, the burden of proof
with respect to such allegation shall be on the Secretary to
the extent such cash or marketable securities are less than 35
percent of the value of the interest in such entity.
``(4) Rules regarding ownership.--
``(A) Ownership of entities.--For purposes of
paragraph (1)(B)--
``(i) Corporations.--Ownership of a
corporation shall be determined by the holding
of stock possessing the appropriate percentage
of the total combined voting power of all
classes of stock entitled to vote and the
appropriate percentage of the total value of
shares of all classes of stock.
``(ii) Partnerships.--Ownership of a
partnership shall be determined by the owning
of the appropriate percentage of the capital
interest in such partnership.
``(B) Ownership of tiered entities.--For purposes
of this section, if by reason of holding an interest in
a trade or business, a decedent, any member of the
decedent's family, any qualified heir, or any member of
any qualified heir's family is treated as holding an
interest in any other trade or business--
``(i) such ownership interest in the other
trade or business shall be disregarded in
determining if the ownership interest in the
first trade or business is a carryover business
interest, and
``(ii) this section shall be applied
separately in determining if such interest in
any other trade or business is a carryover
business interest.
``(C) Individual ownership rules.--For purposes of
this section, an interest owned, directly or
indirectly, by or for an entity described in paragraph
(1)(B) shall be considered as being owned
proportionately by or for the entity's shareholders,
partners, or beneficiaries. A person shall be treated
as a beneficiary of any trust only if such person has a
present interest in such trust.
``(e) Agreement.--The agreement referred to in this subsection is a
written agreement signed by each person in being who has an interest
(whether or not in possession) in any property designated in such
agreement consenting to the application of this section with respect to
such property.
``(f) Other Definitions and Applicable Rules.--For purposes of this
section--
``(1) Qualified heir.--The term `qualified heir' means a
United States citizen who is--
``(A) described in section 2032A(e)(1), or
``(B) an active employee of the trade or business
to which the carryover business interest relates if
such employee has been employed by such trade or
business for a period of at least 10 years before the
date of the decedent's death.
``(2) Member of the family.--The term `member of the
family' has the meaning given to such term by section
2032A(e)(2).
``(3) Applicable rules.--Rules similar to the following
rules shall apply:
``(A) Section 2032A(b)(4) (relating to decedents
who are retired or disabled).
``(B) Section 2032A(e)(10) (relating to community
property).
``(C) Section 2032A(e)(14) (relating to treatment
of replacement property acquired in section 1031 or
1033 transactions).
``(D) Section 2032A(g) (relating to application to
interests in partnerships, corporations, and trusts).
``(4) Safe harbor for active entities held by entity
carrying on a trade or business.--For purposes of this section,
if--
``(A) an entity carrying on a trade or business
owns 20 percent or more in value of the voting
interests of another entity, or such other entity has
15 or fewer owners, and
``(B) 80 percent or more of the value of the assets
of each such entity is attributable to assets used in
an active business operation, then the requirements
under subsections (b)(1)(C)(ii) and (d)(3)(D) shall be
met with respect to an interest in such an entity.''.
(b) Carryover Basis Rules for Carryover Business Interests.--Part
II of subchapter O of chapter 1 of the Internal Revenue Code of 1986
(relating to basis rules of general application) is amended by
inserting after section 1022 the following new section:
``SEC. 1023. TREATMENT OF CARRYOVER BUSINESS INTERESTS.
``(a) In General.--Except as otherwise provided in this section--
``(1) qualified property acquired from a decedent shall be
treated for purposes of this subtitle as transferred by gift,
and
``(2) the basis of the person acquiring qualified property
from such a decedent shall be the lesser of--
``(A) the adjusted basis of the decedent, or
``(B) the fair market value of the property at the
date of the decedent's death.
``(b) Qualified Property.--For purposes of this section, the term
`qualified property' means the carryover business interests of the
decedent with respect to which an election is made under section
2059(b)(1)(B).
``(c) Property Acquired From the Decedent.--For purposes of this
section, the following property shall be considered to have been
acquired from the decedent:
``(1) Property acquired by bequest, devise, or inheritance,
or by the decedent's estate from the decedent.
``(2) Property transferred by the decedent during his
lifetime--
``(A) to a qualified revocable trust (as defined in
section 645(b)(1)), or
``(B) to any other trust with respect to which the
decedent reserved the right to make any change in the
enjoyment thereof through the exercise of a power to
alter, amend, or terminate the trust.
``(3) Any other property passing from the decedent by
reason of death to the extent that such property passed without
consideration.
``(d) Coordination With Section 691.--This section shall not apply
to property which constitutes a right to receive an item of income in
respect of a decedent under section 691.
``(e) Certain Liabilities Disregarded.--
``(1) In general.--In determining whether gain is
recognized on the acquisition of property--
``(A) from a decedent by a decedent's estate or any
beneficiary other than a tax-exempt beneficiary, and
``(B) from the decedent's estate by any beneficiary
other than a tax-exempt beneficiary, and in determining
the adjusted basis of such property, liabilities in
excess of basis shall be disregarded.
``(2) Tax-exempt beneficiary.--For purposes of paragraph
(1), the term `tax-exempt beneficiary' means--
``(A) the United States, any State or political
subdivision thereof, any possession of the United
States, any Indian tribal government (within the
meaning of section 7871), or any agency or
instrumentality of any of the foregoing,
``(B) an organization (other than a cooperative
described in section 521) which is exempt from tax
imposed by chapter 1,
``(C) any foreign person or entity (within the
meaning of section 168(h)(2)), and
``(D) to the extent provided in regulations, any
person to whom property is transferred for the
principal purpose of tax avoidance.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(c) Clerical Amendments.--
(1) The table of sections for part IV of subchapter A of
chapter 11 of the Internal Revenue Code of 1986 is amended by
inserting after the item relating to section 2058 the following
new item:
``Sec. 2059. Carryover business exclusion.''.
(2) The table of sections for part II of subchapter O of
chapter 1 of such Code is amended by inserting after the item
relating to section 1022 the following new item:
``Sec. 1023. Treatment of carryover business interests.''.
(d) Effective Dates.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made--
(1) after the date of the enactment of this Act, and before
January 1, 2010, and
(2) after December 31, 2010. | Estate Tax Repeal Acceleration (ExTRA) for Family-Owned Businesses and Farms Act - Amends the Internal Revenue Code to revise the estate tax exclusion provisions applicable to family-owned business interests.
Allows an exclusion from the gross estate for the adjusted value of certain family business interests acquired from a decedent (carryover business interests). Defines "carryover business interests" and revises ownership requirements and material participation rules applicable to such interests.
Provides that carryover business interests acquired from a decedent shall be treated as transferred by gift and that the basis of such property shall be the lesser of the adjusted basis of the decedent, or the fair market value of such property at the date of the decedent's death (thus eliminating the estate tax on such property). | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Education Affordable Act''.
SEC. 2. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS.
Part B of title VII of the Higher Education Act of 1965 (20 U.S.C.
1138 et seq.) is amended--
(1) by redesignating section 745 as section 746;
(2) in section 746, as redesignated by paragraph (1), by
striking ``fiscal year 2009'' and inserting ``fiscal year
2018''; and
(3) by inserting after section 744 the following:
``SEC. 745. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS.
``(a) Purpose.--The purpose of this section is to expand access for
high school students to the opportunities offered in credit-based
academic transition programs established through partnerships between
high schools and institutions of higher education utilizing dual or
concurrent enrollment programs or early college high school programs
that enable such students to earn college credits while in high school.
``(b) Eligible Institution.--In this section, the term `eligible
institution' means an institution of higher education that carries out
a dual or concurrent enrollment program or an early college high school
program that enables high school students to earn college credits while
in high school.
``(c) Grants Authorized.--The Secretary may award grants to
eligible institutions to carry out credit-based academic transition
programs described in subsection (a).
``(d) Application.--An eligible institution that desires to receive
a grant under this section shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may require.
``(e) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible institutions that serve
students from low-income families, students from rural communities, or
students who are the first in their family to receive postsecondary
education.
``(f) Use of Funds.--An eligible institution that receives a grant
under this section shall use the grant funds--
``(1) to carry out a dual or concurrent enrollment program
or an early college high school program for high school
students, through which such students while enrolled in high
school are enrolled in postsecondary courses at the eligible
institution, through which such students can earn college
credits that can be transferred to 2-year and 4-year
institutions of higher education in the State;
``(2) to provide teachers, principals, and other school
leaders with professional development activities that enhance
or enable the provision of postsecondary coursework through a
dual or concurrent enrollment program or an early college high
school program; and
``(3) to support activities such as--
``(A) designing the curriculum and sequence of
courses in collaboration with teachers from the local
educational agency and faculty from the eligible
institution;
``(B) establishing a course articulation process
for defining and approving courses for high school and
postsecondary credit or credentials for both 2-year and
4-year institutions of higher education in the State;
``(C) outreach programs to provide elementary
school and secondary school students, especially those
in middle grades, and their parents, teachers, school
counselors, and principals information about and
academic preparation for the credit-based academic
transition programs described in subsection (a);
``(D) helping students meet eligibility criteria
for postsecondary courses and ensuring that students
understand how credits earned will transfer to
institutions of higher education in the State; and
``(E) coordinating secondary and postsecondary
support services and academic calendars.
``(g) Flexibility of Funds.--An eligible institution that receives
a grant under this section may use grant funds for any of the costs
associated with carrying out credit-based academic transition programs
described in subsection (a), including the costs of--
``(1) tuition and fees, books, and required instructional
materials for such program so that students will not be
required to pay tuition or fees for postsecondary courses; and
``(2) transportation to and from such program.
``(h) Evaluation and Report.--Each eligible institution receiving a
grant under this section shall--
``(1) conduct an independent evaluation of the
effectiveness of the activities carried out by such eligible
institution under this section; and
``(2) prepare and submit to the Secretary a report
containing the results of the evaluation described in paragraph
(1).
``(i) Rule of Construction.--Nothing in this section shall be
construed to impose on any State or public institution of higher
education any requirement or rule regarding credit-based academic
transition programs described in subsection (a) that is inconsistent
with State law.''. | Making Education Affordable Act This bill amends title VII (Graduate and Postsecondary Improvement Programs) of the Higher Education Act of 1965 to reauthorize through FY2018 the Fund for the Improvement of Postsecondary Education (FIPSE) program. The bill also authorizes new grants under the FIPSE program. Specifically, the Department of Education may award grants to institutions of higher education for dual or concurrent enrollment programs or early college high school programs that allow high school students to earn college credits. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Serve Without Fear Act of
2011''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) A central tenet of representative democracy is that
citizens enjoy the right to peaceably assemble and petition
their government for redress of grievances.
(2) For this right to be exercised meaningfully, elected
representatives must be able to make themselves accessible to
their constituents.
(3) Fear of gun violence at events where elected
representatives are performing their official or
representational duties has a chilling effect on our democracy
in at least 2 ways:
(A) by discouraging citizens from engaging in the
public and personal dialogue with their representatives
that is the lifeblood of vibrant democratic politics;
and
(B) by leading elected representatives to reduce
the frequency and extent of personal contact with their
constituents as a reasonable precaution against
unreasonable threats to their personal safety.
(4) During the summer of 2009, there were multiple cases of
persons carrying firearms outside of venues at which the
President of the United States was holding meetings and
official events. In one instance, a man carried an AR-15
automatic assault rifle and a sidearm. In another instance,
occurring hours before a presidential town hall a week earlier,
a man was arrested for breaching a security perimeter at the
location of the event, and was found to be in possession of an
unlicensed and loaded handgun.
(5) In recent months, there has been a threefold increase
in the number of reported threats against Members of the United
States House of Representatives and Members of the United
States Senate.
SEC. 3. PROHIBITION ON KNOWINGLY POSSESSING A FIREARM NEAR A VENUE AT
WHICH A MEMBER OF CONGRESS IS PERFORMING AN OFFICIAL AND
REPRESENTATIONAL DUTY OR CAMPAIGNING FOR PUBLIC OFFICE.
(a) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(aa)(1) Except as provided in paragraph (2), it shall be unlawful
for any person, in or affecting interstate or foreign commerce, to
knowingly carry a firearm--
``(A) in, or within 250 feet of an entrance to or exit
from, a building or structure where the person knows that a
Member of Congress is--
``(i) performing an official and representational
duty of the Member;
``(ii) engaging in campaign activity as a candidate
for election for Federal office for purposes of the
Federal Election Campaign Act of 1971; or
``(iii) engaging in campaign activity as a
candidate for election for State or local office, as
determined pursuant to State law; or
``(B) at, or within 500 feet of, any other place where the
person knows that a Member of Congress is performing such a
duty or engaging in such a campaign activity,
if there is visible, at each place that is at the applicable distance
specified in this sentence from the building, structure, or other
place, a sign which clearly and conspicuously states that a Member of
Congress will be present at the building, structure, or other place,
and so states the time interval during which the Member of Congress is
scheduled to be so present.
``(2) Paragraph (1) shall not apply to the carrying of a firearm--
``(A) by a law enforcement officer (whether on- or off-
duty) who is authorized to carry a firearm in the line of duty;
or
``(B) pursuant to the express written permission of--
``(i) any Member of Congress present at the
location involved, which permission has been filed with
the chief of police of the locality involved; or
``(ii) the chief of police of the locality
involved;
``(C) on real property owned or rented by the carrier of
the firearm;
``(D) on the premises of a business in which the carrier of
the firearm is employed and authorized by the employer to carry
the firearm; or
``(E) which is in a locked container or otherwise not
readily accessible for use.
``(3) If Federal investigative or prosecutive jurisdiction is
asserted for a violation of this subsection, such assertion shall
suspend the exercise of jurisdiction by a State or local authority,
under any applicable State or local law, until Federal action is
terminated.
``(4) Violations of this subsection shall be investigated by the
Federal Bureau of Investigation. Assistance may be requested from any
Federal, State, or local agency, including the Army, Navy, and Air
Force, any statute, rule, or regulation to the contrary
notwithstanding.''.
(b) Penalties.--Section 924(a) of such title is amended by adding
at the end the following:
``(8) Whoever knowingly violates section 922(aa) shall be fined
under this title, imprisoned not more than 10 years, or both.''.
SEC. 4. ENCOURAGING STATES TO ADOPT FIREARMS PROHIBITIONS SIMILAR TO
FEDERAL LAW TO PROTECT STATE AND LOCAL ELECTED AND
APPOINTED OFFICIALS.
(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (b)(1) in which a State receives funds
for the Edward Byrne Memorial Justice Assistance Grant Program under
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State shall have in
effect throughout the State laws and policies that prohibit any person
to knowingly possess a firearm near a venue at which an elected or
appointed State or local official is performing an official and
representational duty or campaigning for public office if such
possession would constitute an offense under subsection (aa) of section
922 of title 18, United States Code, if such official were a Member of
Congress.
(b) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than 1
year from the date of enactment of this Act to comply with
subsection (a), except that--
(A) the Attorney General may grant an additional 1
year to a State that is making good faith efforts to
comply with such subsection; and
(B) the Attorney General shall waive the
requirements of subsection (a) if compliance with such
subsection by a State would be unconstitutional under
the constitution of such State.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State
that fails to comply with subsection (a) shall not receive 10
percent of the funds that would otherwise be allocated for that
fiscal year to the State for the Edward Byrne Memorial Justice
Assistance Grant Program under subpart 1 of part E of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.).
(c) Reallocation.--Amounts not allocated under such Edward Byrne
Memorial Justice Assistance Grant Program to a State for failure to
fully comply with subsection (a) shall be reallocated under that
program to States that have not failed to comply with such subsection. | Freedom to Serve Without Fear Act of 2011 - Amends the federal criminal code to prohibit any person from knowingly carrying a firearm in, or within 250 feet of an entrance to or exit from, a building or structure, or at, or within 500 feet of, any other place, where a Member of Congress is performing an official and representational duty or engaging in campaign activity as a candidate for federal, state, or local office, if there are visible at such distances signs which clearly and conspicuously state that a Member will be present and the time the Member will be present. Specifies exceptions, including pursuant to the express written permission of the Member or the chief of police of the locality involved.
Requires a 10% reduction in funds a state would receive for the Edward Byrne Memorial Justice Assistance Grant Program for a fiscal year if the state fails to have in effect by the specified compliance date laws and policies that similarly prohibit individuals from knowingly possessing firearms near a venue at which an elected or appointed state or local official is performing an official and representational duty or campaigning for public office. | [
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] |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Collaborating for
Economic Reintegration of Troops Act'' or the ``CERT Act''.
(b) Findings.--Congress finds the following:
(1) One of the greatest challenges facing transitioning
members of the Armed Forces and their spouses is finding
civilian employment.
(2) Veterans report that employment is the top challenge
upon separation or retirement from the Armed Forces, with as
many as 80 percent of members leaving the Armed Forces without
civilian employment in hand and one in four reporting being
underemployed and earning below-poverty wages.
(3) Military training correlates to approximately 962
civilian professions, yet even with their military education
and experience, veterans must duplicate their training to meet
various State specific certification guidelines.
(4) Veteran transition can be aided by establishing a
commission to examine licensing and certification challenges
confronting members of the Armed Forces upon post-service entry
into the civilian workforce.
(5) This commission will identify where there are gaps
between military training and civilian credentials' training
requirements and can identify opportunities for military
training to be reformed to address such gaps and for transition
to be improved by increased recognition of military training as
equivalent through a ``Blue Star certification''.
(6) The Blue Star certification initiative would set
sufficient standards for entry into certain licensed
professions. States could adopt Blue Star certifications as
equivalent to entry into certain licensed professions. The
Armed Forces, in their training process, would ensure members
reach Blue Star proficiency so that upon leaving service they
could swiftly transition to civilian employment.
(7) Operation Certification would allow for members of the
Armed Forces to directly and immediately apply their training
and experience to the private sector. States that adopt the
Blue Star credential will attract and retain talented and civic
minded veterans. Furthermore, this would modernize military
training within Blue Star occupational specialties to ensure
that members are well trained and prepared to meet any
challenge upon separation.
SEC. 2. COMMISSION ON VETERAN CERTIFICATION STANDARDS.
(a) Establishment.--There is established an advisory commission to
be known as the Commission on Veteran Certification Standards (in this
Act referred to as the ``Commission'').
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 16 members appointed as follows:
(A) The Majority Leader of the Senate shall appoint
one member.
(B) The Minority Leader of the Senate shall appoint
one member.
(C) The Speaker of the House of Representatives
shall appoint one member.
(D) The Minority Leader of the House of
Representatives shall appoint one member.
(E) The Chairman of the Committee on Armed Services
of the Senate shall appoint one member.
(F) The Ranking Member of the Committee on Armed
Services of the Senate shall appoint one member.
(G) The Chairman of the Committee on Armed Services
of the House of Representatives shall appoint one
member.
(H) The Ranking Member of the Committee on Armed
Services of the House of Representatives shall appoint
one member.
(I) The Chairman of the Committee on Veterans'
Affairs of the Senate shall appoint one member.
(J) The Ranking Member of the Committee on
Veterans' Affairs of the Senate shall appoint one
member.
(K) The Chairman of the Committee on Veterans'
Affairs of the House of Representatives shall appoint
one member.
(L) The Ranking Member of the Committee on
Veterans' Affairs of the House of Representatives shall
appoint one member.
(M) The Chairman of the Committee on Health,
Education, Labor, and Pensions of the Senate shall
appoint one member.
(N) The Ranking Member of the Committee on Health,
Education, Labor, and Pensions of the Senate shall
appoint one member.
(O) The Chairman of the Committee on Education and
the Workforce of the House of Representatives shall
appoint one member.
(P) The Ranking Member of the Committee on
Education and the Workforce of the House of
Representatives shall appoint one member.
(2) Deadline for appointment.--Members shall be appointed
to the Commission under paragraph (1) not later than 45 days
after the date of the enactment of this Act.
(c) Chair and Vice Chair.--The Commission shall elect a Chair and
Vice Chair from among its members.
(d) Terms.--Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its powers,
and shall be filled in the same manner as the original appointment was
made.
(e) Compensation for Members of the Commission.--Members of the
Commission will not receive wages or compensation on account of their
services on the Commission, but will be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees 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.
(f) Use of Government Information.--The Commission may secure
directly from any department or agency of the Federal Government such
information as the Commission considers necessary to carry out its
duties. Upon such request of the Chair of the Commission, the head of
such department or agency shall furnish such information to the
Commission.
(g) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(h) Personal Services.--
(1) Authority to procure.--The Commission may--
(A) procure the services of experts or consultants
(or of organizations of experts or consultants) in
accordance with the provisions of section 3109 of title
5, United States Code; and
(B) pay in connection with such services travel
expenses of individuals, including transportation and
per diem in lieu of subsistence, while such individuals
are traveling from their homes or places of business to
duty stations.
(2) Maximum daily pay rates.--The daily rate paid an expert
or consultant procured pursuant to paragraph (1) may not exceed
the daily rate paid a person occupying a position at level IV
of the Executive Schedule under section 5315 of title 5, United
States Code.
SEC. 3. COMMISSION HEARINGS AND MEETINGS.
(a) In General.--The Commission shall conduct hearings on the
recommendations it is taking under consideration. Any such hearing,
except a hearing in which classified information is to be considered,
shall be open to the public. Any hearing open to the public shall be
announced on a Federal website at least 14 days in advance. For all
hearings open to the public, the Commission shall release an agenda and
a listing of materials relevant to the topics to be discussed. The
Commission is authorized and encouraged to hold hearings and meetings
in various locations throughout the country to provide maximum
opportunity for public comment and participation in the Commission's
execution of its duties.
(b) Meetings.--
(1) Initial meeting.--The Commission shall hold its initial
meeting not later than 60 days after the date as of which all
members have been appointed.
(2) Subsequent meetings.--After its initial meeting, the
Commission shall meet upon the call of the Chair or a majority
of its members.
(3) Public meetings.--Each meeting of the Commission shall
be held in public unless any member objects or classified
information is to be considered.
(c) Quorum.--Nine members of the Commission shall constitute a
quorum, but a lesser number may hold hearings or meetings.
(d) Public Comments.--The Commission shall seek written comments
from the general public and interested parties on matters of the
Commission's review under this Act. Comments shall be requested through
a solicitation in the Federal Register and announcement on the Internet
website of the Commission.
(e) Space for Use of Commission.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of General
Services, in consultation with the Secretary, shall identify and make
available suitable excess space within the Federal space inventory to
house the operations of the Commission. If the Administrator is not
able to make such suitable excess space available within such 90-day
period, the Commission may lease space to the extent the funds are
available.
(f) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to the extent
funds are available.
SEC. 4. COMMISSION DUTIES AND RECOMMENDATIONS.
(a) Duties.--The Commission shall perform the following duties:
(1) Examine the unique challenges that confront members of
the Armed Forces and their spouses upon post-service entry into
the civilian workforce.
(2) Determine best practices and evaluate efforts that have
been undertaken by the States and the executive branch,
including the program required by section 2015 of title 10,
United States Code, to assist members of the Armed Forces in
obtaining professional credentials, to facilitate the transfer
of skills and certifications from the military to civilian
settings.
(3) Identify industries and jobs that can most benefit from
military experience and training and identify military
specialties that can readily transfer to high-demand jobs.
(4) Develop recommended Blue Star credentialing standards
for select professions in order to simplify and streamline
training and transition efforts for members of the Armed Forces
and their spouses upon post-service entry into the civilian
workforce.
(5) Design an evaluation criteria that the Secretary of
Defense and the Secretary of Veterans Affairs can use to
evaluate the extent to which States and territories adopt and
utilize the Blue Star credentialing standards.
(b) Development of Commission Recommendations.--The Commission
shall develop recommendations on the matters subject to its review
under subsection (a).
(c) Commission Report and Recommendations.--
(1) Report.--Not later than one year after the date on
which the Commission is established, the Commission shall
transmit to the President and Congress a report containing the
findings and conclusions of the Commission, together with the
recommendations of the Commission regarding the matters
described in subsection (a). The Commission shall include in
the report legislative language and recommendations for
administrative action to implement the recommendations of the
Commission.
(2) Requirement for approval.--The recommendations of the
Commission must be approved by a majority of the members of the
Commission before the recommendations may be transmitted to the
President and Congress under paragraph (1).
(3) Public availability.--The Commission shall publish a
copy of the report required by paragraph (1) on an Internet
website available to the public on the same date on which it
transmits that report to the President and Congress under that
paragraph.
SEC. 5. EXECUTIVE DIRECTOR AND STAFF.
(a) Executive Director.--The Commission shall appoint and fix the
rate of basic pay for an Executive Director in accordance with section
3161 of title 5, United States Code.
(b) Staff.--The Executive Director, with the approval of the
Commission, may appoint and fix the rate of basic pay for additional
personnel as staff of the Commission in accordance with section 3161 of
title 5, United States Code.
SEC. 6. TERMINATION OF COMMISSION.
The Commission shall terminate 90 days after the date of the
submission of the report under section 4. | Collaborating for Economic Reintegration of Troops Act or the CERT Act This bill establishes the Commission on Veteran Certification Standards which shall: examine the challenges confronting members of the Armed Forces and their spouses upon post-service entry into the civilian workforce; determine best state practices and evaluate efforts to assist members of the Armed Forces in obtaining professional credentials to facilitate the transfer of military skills and certifications to civilian settings; identify industries and jobs that can most benefit from military experience; develop recommended Blue Star credentialing standards and design evaluation criteria that the Department of Defense and the Department of Veterans Affairs can use to evaluate state and territory utilization of such standards; and develop related administrative recommendations. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Andrew Jackson Higgins Gold Medal
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Andrew Jackson Higgins was born on August 28, 1886, in
Columbus, Nebraska, moved to New Orleans in 1910, and formed
Higgins Industries on September 26, 1930;
(2) Andrew Jackson Higgins designed, engineered, and
produced the ``Eureka'', a unique shallow draft boat, the
design of which evolved during World War II into 2 basic
classes of military craft, high speed PT boats, and types of
Higgins landing craft (LCPs, LCPLs, LCVPs, LCMs and LCSs);
(3) Andrew Jackson Higgins designed, engineered, and
constructed 4 major assembly line plants in New Orleans for
mass production of Higgins landing craft, and other vessels
vital to the Allied Forces' conduct of World War II;
(4) Andrew Jackson Higgins bought the entire 1940
Philippine mahogany crop and other material purely at risk
without a Government contract, anticipating that America would
join World War II and that Higgins Industries would need the
wood to build landing craft, and Higgins also bought steel,
engines, and other material necessary to construct landing
craft;
(5) Andrew Jackson Higgins, through Higgins Industries,
employed a fully integrated assembly line work force, black and
white, male and female, of up to 30,000 during World War II,
with equal pay for equal work;
(6) in 1939, the United States Navy had a total of 18
landing craft in the fleet;
(7) from November 18, 1940, when Higgins Industries was
awarded its first contract for Higgins landing craft until the
conclusion of the war, the employees of Higgins Industries
produced 12,300 Landing Craft Vehicle Personnel (LCVP's) and
nearly 8,000 other landing craft of all types;
(8) during World War II, Higgins Industries employees
produced 20,094 boats, including landing craft and Patrol
Torpedo boats, and trained 30,000 Navy, Marine, and Coast Guard
personnel on the safe operation of landing craft at the
Higgins' Boat Operators School;
(9) on Thanksgiving Day 1944, General Dwight D. Eisenhower
stated in an address to the Nation, ``Let us thank God for
Higgins Industries, management, and labor which has given us
the landing boats with which to conduct our campaign.'';
(10) Higgins landing craft, constructed of wood and steel,
transported fully armed troops, light tanks, field artillery,
and other mechanized equipment essential to amphibious
operations;
(11) Higgins landing craft made the amphibious assault on
D-day and the landings at Leyte, North Africa, Guadalcanal,
Sicily, Iwo Jima, Tarawa, Guam, and thousands of less well-
known assaults possible;
(12) Captain R.R.M. Emmett, a commander at the North Africa
amphibious landing, and later commandant of the Great Lakes
Training Station, wrote during the war, ``When the history of
this war is finally written by historians, far enough removed
from its present turmoil and clamor to be cool and impartial, I
predict that they will place Mr. (Andrew Jackson) Higgins very
high on the list of those who deserve the commendation and
gratitude of all citizens.''; and
(13) in 1964, President Dwight D. Eisenhower told historian
Steven Ambrose, ``He (Higgins) is the man who won the war for
us. If Higgins had not developed and produced those landing
craft, we never could have gone in over an open beach. We would
have had to change the entire strategy of the war.''.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--
(1) In general.--The President is authorized, on behalf of
Congress, to award a gold medal of appropriate design to--
(A) the family of Andrew Jackson Higgins, honoring
Andrew Jackson Higgins (posthumously) for his
contributions to the Nation and world peace; and
(B) the D-day Museum in New Orleans, Louisiana, for
public display, honoring Andrew Jackson Higgins
(posthumously) and the employees of Higgins Industries
for their contributions to the Nation and world peace.
(2) Modalities.--The modalities of presentation of the
medals under this Act shall be determined by the President,
after consultation with the Speaker of the House of
Representatives, the Majority Leader of the Senate, the
Minority Leader of the Senate, and the Minority Leader of the
House of Representatives.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall strike 2 gold medals with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medals struck under this Act, under such regulations as the Secretary
may prescribe, and at a price sufficient to cover the costs thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
SEC. 5. STATUS AS NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund an amount
not to exceed $60,000 to pay for the cost of the medals authorized by
this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 4 shall be deposited in the United States
Mint Public Enterprise Fund. | Andrew Jackson Higgins Gold Medal Act - Authorizes the President to present on behalf of Congress a gold medal to: (1) the family of Andrew Jackson Higgins, honoring his contributions to the Nation and world peace; and (2) the D-Day Museum in New Orleans, Louisiana, for public display, honoring Higgins and the employees of Higgins Industries for their contributions to the Nation and world peace.Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. | [
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S.
(a) Contents of Congressional Budget Resolutions.--Section 301(a)
of the Congressional Budget Act of 1974 is amended by adding at the end
the following new sentence: ``The concurrent resolution on the budget
for fiscal year 2006 or for any ensuing fiscal year shall be consistent
with the spending limitation specified in section 1105(i) of title 31,
United States Code.''.
(b) Spending Limitation Point of Order.--Section 312 of the
Congressional Budget Act of 1974 is amended by adding at the end the
following new subsection:
``(g) Spending Limitation Point of Order.--(1) It shall not be in
order in the House of Representatives or the Senate to consider any
concurrent resolution on the budget for fiscal year 2006 or for any
fiscal year thereafter, or any amendment thereto or conference report
thereon, that is not consistent with the spending limitation specified
in section 1105(i) of title 31, United States Code.
``(2) Paragraph (1) may be waived or suspended in the House of
Representatives or the Senate only by the affirmative vote of two-
thirds of the Members, duly chosen and sworn. An affirmative vote of
two-thirds of the Members, duly chosen and sworn, shall be required in
the Senate to sustain an appeal of the ruling of the chair on such
point of order. Appeals in the Senate from the decisions of the chair
relating to paragraph (1) shall be limited to one hour, to be equally
divided between, and controlled by, the mover and the manager of the
concurrent resolution.''.
SEC. 13. REDUCTION OF FICA RATES RESULTING FROM PERSONAL SOCIAL
SECURITY SAVINGS PROGRAM.
(a) Employee Contribution.--Section 3101 of the Internal Revenue
Code of 1986 (relating to tax on employees) is amended by adding at the
end the following new subsection:
``(d) Reduction in Old-Age, Survivors, and Disability Insurance Tax
Rate.--
``(1) In general.--In any year which follows a reduction
year and each year thereafter, the rate of tax imposed under
subsection (a) shall be reduced by the reduction percentage.
``(2) Reduction year.--For purposes of this section--
``(A) In general.--The term `reduction year' means
any year after the transition year in which the OASDI
rate ratio exceeds 125 percent.
``(B) Transition year.--The term `transition year'
means the first full calendar year following the
termination year (as defined in section 4(b)(2) of the
Social Security Personal Savings Guarantee and
Prosperity Act of 2004).
``(3) Reduction percentage.--For purposes of this section,
the term `reduction percentage' means the excess of--
``(A) the rate in effect under subsection (a) for
the reduction year, over
``(B) the rate (rounded up to the nearest one tenth
of a percent) under which the OASDI rate ratio for the
reduction year would have been 125 percent if--
``(i) such rate had been applicable under
subsection (a) and section 3111(a) during such
year, and
``(ii) the rate under section 1401(a)
during such year were twice such rate.
``(4) OASDI rate ratio.--The term `OASDI rate ratio' means,
with respect to any calendar year, the ratio--
``(A) the numerator of which is the combined
balance in the Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund,
as of the last day of such calendar year, and
``(B) the denominator of which is the amount paid
from such Trust Funds during such calendar year for all
purposes authorized by section 201 of the Social
Security Act (excluding any transfer payments between
such Trust Funds and reducing the amount of any
transfer to the Railroad Retirement Account by the
amount of any transfers into either such Trust Fund
from such Account).
``(5) Limitation on reduction.--Paragraph (1) shall not
apply to any reduction to the extent that such reduction would
cause the rate of tax imposed under subsection (a) to be less
than 4.95 percent.''.
(b) Employer Contribution.--Section 3111 of the Internal Revenue
Code of 1986 (relating to tax on employers) is amended by adding at the
end the following new subsection:
``(d) Reduction in Old-Age, Survivors, and Disability Insurance Tax
Rate.--
``(1) In general.--In any year which follows a reduction
year and each year thereafter, the rate of tax imposed under
subsection (a) shall be reduced by the reduction percentage.
``(2) Reduction year; reduction percentage.--For purposes
of this section, the terms `reduction year' and `reduction
percentage' have the meanings given such terms by section
3101(d).
``(3) Limitation on reduction.--Paragraph (1) shall not
apply to any reduction to the extent that such reduction would
cause the rate of tax imposed under subsection (a) to be less
than 4.95 percent.''.
(c) Self-Employment Contribution.--Section 1401 of the Internal
Revenue Code of 1986 (relating to tax on self-employment income) is
amended by adding at the end the following new subsection:
``(d) Reduction in Old-Age, Survivors, and Disability Insurance Tax
Rate.--
``(1) In general.--In any year which follows a reduction
year and each year thereafter, the rate of tax imposed under
subsection (a) shall be reduced by the reduction percentage.
``(2) Reduction year; reduction percentage.--For purposes
of this section, the terms `reduction year' and `reduction
percentage' have the meanings given such terms by section
3101(d).
``(3) Limitation on reduction.--Paragraph (1) shall not
apply to any reduction to the extent that such reduction would
cause the rate of tax imposed under subsection (a) to be less
than 9.9 percent.''. | Social Security Personal Savings Guarantee and Prosperity Act of 2004 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide for the establishment of a voluntary, personal Social Security investment program under a new part B (Personal Social Security Savings Program) where a participating individual is able to invest in tax free personal accounts in a way that is similar to the way Federal employees invest in the Thrift Savings Program.
Establishes in the Treasury the Social Security Personal Savings Fund, with personal Social Security savings accounts for deposit of the redirected Social Security contributions of participating individuals as mechanisms for crediting to such individuals amounts held in the Tier I Investment Fund, the Tier II Investment Fund, and Tier III Investment Options, also hereby established. Prescribes rules for personal Social Security savings annuity and other distributions.
Establishes in the executive branch of the Government a Personal Social Security Savings Account Board to administer the new part B program.
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to provide for adjustment of primary insurance amounts in relation to deposits made to personal Social Security accounts.
Directs the Secretary of the Treasury to transfer to the Federal Old-Age and Survivors Insurance Trust Fund amounts equal to the recapture of corporate tax on account yields and of Government savings over baseline.
Amends the Internal Revenue Code to exempt the Social Security Personal Savings Fund and each Tier III Investment Option from income taxation. Subjects a personal Social Security savings account to taxes imposed on unrelated business income of charitable, etc. organizations. Excludes from a distributee's gross income any qualified distribution from amounts credited to a personal Social Security savings account from the Social Security Personal Savings Fund or held in a Tier III Investment Option.
Creates in the Treasury the Self-Liquidating Social Security Transition Fund for the deposit of OASDI trust fund surplus for the preceding year.
Amends SSA to provide for accounting for the OASDI program and the individual Social Security investment program.
Amends SSA title VII to prescribe the budgetary treatment of the Social Security trust funds, the Social Security Personal Savings Fund, and taxes on self-employment income and FICA (Federal Insurance Contributions) taxes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access for Afghan Women Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Despite the removal of the Taliban from power, Afghan
women continue to experience brutal violation of their human
rights, generally outside of Kabul where warlords are
reexerting control.
(2) Strong and continued United States support can ensure
that the advances made by Afghan women since the fall of the
Taliban will continue and grow, rather than recede.
(3) The United States has made a substantial contribution
to the emergency relief and humanitarian efforts for
Afghanistan. Completing the United States mission in
Afghanistan will also require significant and long-term
investments in development and reconstruction assistance.
(4) The maternal mortality rate in Afghanistan is one of
the highest in the world, with recent reports estimating that
every 30 minutes an Afghan women dies (about 15,000 women every
year) of pregnancy related causes. The estimated maternal
mortality rate of 1,700 deaths per 100,000 live births can be
significantly and rapidly reduced through access to primary
health care services, including safe birthing supplies,
emergency obstetric care, prenatal and postnatal care,
contraception, and prevention and treatment for the effects of
sexual coercion and rape.
(5) Women make up 75 percent or more of the refugees and
internally displaced in camps, urban areas, and villages.
(6) Eighty-five percent of Afghanistan's population lives
in rural areas. The women in rural areas perform vital roles in
food production, processing, and preparation. Successful
reconstruction and development assistance must target rural
women as part of any agricultural interventions.
(7) Within Afghanistan and outside of Afghanistan, local
women's organizations are delivering critical services and have
the knowledge and experience to assist the United States in
delivering effective relief aid.
(8) The Afghan Ministry for Women's Affairs is an important
new ministry that is essential for re-establishing women's
human rights, ensuring that women are included in all
development efforts, and delivering critical legal, health,
education, and economic services to women throughout
Afghanistan's 30 provinces.
(9) Afghan women are taking the initiative to reach across
the conflict divide and foster peace. Women's perspectives and
experiences in seeking solutions to conflicts are necessary to
ensure lasting peace.
(10) Adequate security in both urban and rural areas is
essential if women and girls are to exercise their human
rights, work, attend school, and otherwise participate in and
benefit from humanitarian and development programs sponsored by
the United States.
SEC. 3. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN
AFGHANISTAN.
(a) In General.--Activities described in subsections (b) through
(e) that are carried out by the United States in Afghanistan shall
comply with the applicable requirements contained in such subsections.
(b) Governance of Afghanistan.--With respect to the governance of
Afghanistan, the applicable requirements are the following:
(1) Include the perspectives and advice of Afghan women's
organizations, networks, and leaders in United States
policymaking related to the governance of Afghanistan.
(2) Promote the inclusion of a significant number of women
in the Loya Jirga and future legislative bodies to ensure that
women's full range of human rights are included and upheld in
any constitution or legal structures of Afghanistan.
(3) Promote the continuation and strengthening of the
Ministry for Women's Affairs as the Afghan Government
transitions to a long-term government structure, and encourage
the appointment of women to high level positions within Afghan
ministries.
(c) Post-Conflict Reconstruction and Development.--With respect to
activities relating to post-conflict stability in Afghanistan, the
applicable requirements are the following:
(1) Ensure that a significant portion of United States
development, humanitarian, and relief assistance is channeled
to local and United States-based Afghan organizations,
particularly Afghan women's organizations. Provide technical
assistance, training, and capacity-building for local
organizations to ensure that United States funded efforts will
be both effective and sustainable.
(2) Encourage United States organizations that receive
funds authorized by this Act to partner with or create Afghan-
led counterpart organizations and provide these organizations
with significant financial resources, technical assistance, and
capacity building.
(3) Provide direct financial and programmatic assistance to
the Ministry of Women's Affairs adequate to ensure that the
Ministry is able to fulfill its mandate.
(4) Promote multiyear women-centered economic development
programs, including programs to assist widows, female heads of
household, women in rural areas, and disabled women.
(5) Increase women's access to or ownership of productive
assets such as land, water, agricultural inputs, credit, and
property.
(6) Provide long-term financial assistance for primary,
secondary, higher, nontraditional, and vocational education for
Afghan girls, women, boys, and men.
(7) Provide financial assistance to build the health
infrastructure and to deliver high-quality comprehensive health
care programs, including primary, maternal, child,
reproductive, and mental health care.
(8) Integrate education and training programs for former
combatants with economic development programs to encourage
their reintegration into society and to promote post-conflict
stability.
(9) Provide assistance to rehabilitate children affected by
the conflict, particularly child soldiers.
(10) Support educational efforts to increase awareness with
respect to landmines, facilitate the removal of landmines, and
provide services to individuals with disabilities caused by
landmines.
(11) Include programs to prevent trafficking in persons,
assist victims, and apprehend and prosecute traffickers in
persons.
(d) Afghan Military and Police.--With respect to training for
military and police forces in Afghanistan, the applicable requirements
are the following:
(1) Include training on the protection, rights, and the
particular needs of women and emphasize that violations of
women's rights are intolerable and should be prosecuted.
(2) Encourage such trainers who will carry out the
activities in paragraph (1) to consult with women's
organizations in Afghanistan to ensure that training content
and materials are adequate, appropriate, and comprehensive.
(e) Relief, Resettlement, and Repatriation of Refugees and the
Internally Displaced.--With respect to the relief, resettlement, and
repatriation of refugees and internally displaced in Afghanistan, the
applicable requirements are the following:
(1) Take all necessary steps to ensure that women refugees
and internally displaced in camps, urban areas, and villages
are directly receiving food aid, shelter, relief supplies, and
other services from United States-sponsored programs.
(2) Take all necessary steps to ensure that women refugees
in camps, urban areas, and villages are accessing high-quality
health and medical services, including primary, maternal,
child, and mental health services.
(3) Take all necessary steps to ensure that women and
children in refugee camps are protected from sexual
exploitation.
(4) Take all necessary steps to ensure refugees and
internally displaced persons that seek to return to their place
of origin can do so voluntarily, safely, and with the full
protection of their rights. United States-sponsored efforts
shall not coerce refugees or internally displaced persons to
return to their places of origin.
SEC. 4. REPORTING REQUIREMENTS.
Not later than 60 days after the date of enactment of this Act, and
annually thereafter, the President shall prepare and transmit to
Congress a report that contains documentation of the progress in
implementing the requirements of section 3. All data shall be
disaggregated by sex. | Access for Afghan Women Act - Directs the United States to undertake a variety of measures to guard and enhance the quality of life of Afghan women, including: (1) incorporating the perspectives and advice of Afghan women's organizations and leaders in U.S. policymaking related to the governance of Afghanistan; (2) promoting the inclusion of a significant number of women in the Loya Jirga and future legislative bodies to ensure that women's human rights are included in any constitution for Afghanistan; (3) ensuring a significant portion of U.S. assistance is channeled to local and U.S.-based Afghan organizations, particularly Afghan women's organizations, and to high-quality comprehensive health care programs and education and training programs in Afghanistan; (4) training on the protection, rights, and the particular needs of women with respect to training for military and police forces in Afghanistan; and (5) ensuring that women refugees and those internally displaced in camps, urban areas, and villages are receiving food aid, health and medical services, and are free from sexual exploitation. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full Employment Opportunity and
Infrastructure Improvement Act of 1994''.
SEC. 2. PUBLIC WORKS AND PUBLIC SERVICE JOB TRAINING PROGRAM.
(a) In General.--The Job Training Partnership Act (29 U.S.C. 1501
et seq.) (in this Act referred to as ``the Act'') is amended by adding
at the end the following new title:
``TITLE VIII--PUBLIC WORKS AND PUBLIC SERVICE JOB TRAINING PROGRAM
``SEC. 801. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) restoring the competitiveness and enhancing the
productivity of the United States will require that all workers
possess basic job and educational skills; and
``(2) an investment in human capital will have a
substantial impact on increasing productivity in the United
States.
``(b) Purposes.--The purposes of this title are to establish a
public works and public service job training program designed--
``(1) to provide on-the-job training opportunities for
hard-to-employ individuals; and
``(2) to improve infrastructure and public sector service
delivery.
``SEC. 802. ALLOTMENT AND ALLOCATION.
``(a) Allotment to States.--Of the amount appropriated under
section 3(g) for each fiscal year and available to carry out this
title, the Secretary shall allot such amount to the States for
allocation to service delivery areas within each State.
``(b) Allocation to Service Delivery Areas.--Of the amount allotted
to a State under subsection (a) for a fiscal year, the Governor shall
allocate such amount to service delivery areas in such State in
accordance with the criteria contained in subparagraphs (A) through (C)
of section 202(b)(1).
``(c) Reallotment.--
``(1) In general.--Not later than 60 days after the end of
each program year, the Secretary shall, in accordance with the
requirements of this subsection, reallot to eligible States
amounts appropriated for such program year that are available
for reallotment under paragraph (2).
``(2) Amount.--The amount available for reallotment is
equal to the amount by which the unobligated balance of the
State allotment under subsection (a) for all States at the end
of the program year prior to the program year for which the
determination under this subsection is made exceeds 20 percent
of such allotment for that prior program year.
``(3) Eligible states defined.--For purposes of this
subsection, the term `eligible States' means States that
demonstrate progress toward achieving the objectives of this
title and that require additional funds in order to accomplish
such objectives, as determined by the Secretary.
``SEC. 803. USE OF FUNDS.
``(a) In General.--A service delivery area shall use amounts
allocated under section 802 to establish a public works and public
service job training program under which eligible individuals
participate in job projects in accordance with this title.
``(b) Conduct of Program.--In carrying out the program established
under subsection (a), the service delivery area shall--
``(1) prepare a plan for the establishment and conduct of
job projects pursuant to criteria prescribed by the Secretary;
``(2) submit such plan to the Secretary for review and
approval;
``(3) provide for an objective assessment of the skill
levels and service needs of each participant to determine the
appropriate job project for each such participant;
``(4) provide participants with limited English speaking
ability such instruction as the service delivery area considers
appropriate;
``(5) use objective measures to monitor the success or
failure of the participant in the job project and maintain
records on each participant;
``(6) conduct outreach activities to attract eligible
individuals;
``(7) provide pre-employment skills and work responsibility
training;
``(8) provide each participant with--
``(A) information about and referrals to pre-
college and adult continuing education and related
training programs;
``(B) appropriate social services, including
information relating to educational programs; and
``(C) information about programs and services
provided by the State apprenticeship council;
``(9) establish a job counseling and job placement service
to assist each participant in obtaining employment upon
completion of the job project, including the training-related
placement of minorities in nontraditional employment and
apprenticeships; and
``(10) prepare and submit an annual report to the Secretary
on the activities of the service delivery area with respect to
the program.
``(c) Job Project Requirements.--Each job project shall meet the
following requirements:
``(1) Each job project shall be capable of completion
within 24 months.
``(2) Each job project shall provide for on-the-job
training and employment of eligible individuals, including the
training of minorities in nontraditional employment.
``(3) A participant who has not received a high school
diploma or its equivalent shall, in order to continue
employment in the project, maintain satisfactory progress
toward receiving a high school diploma or its equivalent.
``(d) Personnel.--A service delivery area shall--
``(1) employ an administrator and support personnel
sufficient to carry out the program established under
subsection (a); and
``(2) select a project manager for each job project
assisted under this title, in accordance with criteria
established by the Secretary.
``(e) Progress Reports.--The administrator shall prepare and submit
to the private industry council of the service delivery area monthly
progress reports on the job projects.
``(f) Administrative Costs.--Not more than 10 percent of amounts
allocated under section 802 to a service delivery area for a fiscal
year may be used for administrative expenses in carrying out the
program established under subsection (a).
``(g) Criteria Relating to Profit or Loss of Employers.--The
Secretary shall develop criteria to be used by each private industry
council to evaluate the projected profit or loss of an employer with
respect to a job project carried out by such employer.
``(h) Job Project Defined.--For purposes of this title, the term
`job project' means--
``(1) the construction, renovation, repair, or other
improvement, and maintenance of a public building or other
public facility (including a surface transportation, aviation,
water resources, solid waste management, or drinking water
facility) with commercial, industrial, public, service, or
other value, or
``(2) work in such fields as environmental quality, health
care, education, public safety, crime prevention and control,
prison rehabilitation, transportation, recreation, maintenance
of parks, streets, and other public facilities, solid waste
removal, pollution control, housing and neighborhood
improvements, rural development, conservation, beautification,
and other fields of human betterment and community improvement,
that will be carried out by a public agency or a private nonprofit
organization and would not otherwise be conducted with existing funds.
``SEC. 804. ELIGIBLE INDIVIDUALS.
``(a) In General.--Subject to the limitations in subsection (b), an
individual shall be eligible to participate in a job project under this
title if such individual--
``(1)(A) has a high school diploma or its equivalent; or
``(B) is enrolled in a program which leads to a high school
diploma or its equivalent and is making substantial progress
toward such diploma or equivalent;
``(2) is at least 18 years of age;
``(3) has resided in the service delivery area for at least
60 consecutive days prior to applying for employment under the
job project; and
``(4)(A) has been unemployed for at least 35 consecutive
days prior to applying for such employment;
``(B) sought employment during such 35-day period; and
``(C) provides assurances that he or she will continue to
seek employment during the last 6 months of the job project.
``(b) Limitations.--
``(1) Maximum income.--An individual whose income from all
sources for the year preceding the year in which the
determination of employment under the job project is made is
equal to or greater than 150 percent of the official poverty
line (as defined by the Office of Management and Budget, and
revised annually in accordance with section 673(2) of the
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2))
shall not be eligible to participate in a job project under
this title.
``(2) Retirement benefits.--An individual eligible for
retirement benefits under the Social Security Act (42 U.S.C.
301 et seq.), under any retirement system for Federal
Government employees, under the railroad retirement system,
under the military retirement system, or under any private
pension program shall not be eligible to participate in a job
project under this title.
``SEC. 805. WAGES AND BENEFITS AND SUPPORTIVE SERVICES.
``(a) Wages and Benefits.--Notwithstanding section 141(k), each
participant in a job project under this title shall receive the
following:
``(1) Wages in an amount equal to--
``(A) the wages described in section 143(d) with
respect to laborers and mechanics described in such
section; or
``(B) in cases where subparagraph (A) does not
apply, wages equal to the higher of--
``(i) the minimum wage established under
section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)); or
``(ii) the minimum wage established under
the applicable State minimum wage law.
``(2) Benefits and employment conditions comparable to the
benefits and conditions provided to other employees employed in
similar occupations by a comparable employer, as determined by
the private industry council.
``(b) Supportive Services.--Each service delivery area shall make
available to each participant in a job project under this title
appropriate supportive services to enable a participant to work.
``SEC. 806. WAIVER AUTHORITY.
``The service delivery area may waive the education requirement
under section 803(c)(3) with respect to a participant in a job project.
``SEC. 807. LINKAGES.
``In carrying out the program under this title, each service
delivery area shall establish appropriate linkages with other
appropriate programs, including programs under titles II and III and
any other provision of this Act, to avoid duplication and enhance the
delivery of services.''.
(b) Authorization of Appropriations.--Section 3 of the Act (29
U.S.C. 1502) is amended by adding at the end the following new
subsection:
``(g) There are authorized to be appropriated such sums as may be
necessary to carry out title VIII.''.
(c) Conforming Amendment.--The table of contents of the Act is
amended by adding at the end the following new items:
``TITLE VIII--PUBLIC WORKS AND PUBLIC SERVICE JOB TRAINING PROGRAM
``Sec. 801. Findings and purposes.
``Sec. 802. Allotment and allocation.
``Sec. 803. Use of funds.
``Sec. 804. Eligible individuals.
``Sec. 805. Wages and benefits and supportive services.
``Sec. 806. Waiver authority.
``Sec. 807. Linkages.''.
SEC. 3. REQUIREMENT THAT STATE APPRENTICESHIP COUNCIL REPRESENTATIVE BE
MEMBER OF PRIVATE INDUSTRY COUNCIL.
Paragraph (3) of section 102(a) of the Act (29 U.S.C. 1512(a)(3))
is amended by adding at the end the following new subparagraph:
``(F) The State apprenticeship council.''. | Full Employment Opportunity and Infrastructure Improvement Act of 1994 - Amends the Job Training Partnership Act to establish a public works and public service job training program.
Sets forth provisions for allotment to States, allocation to service delivery areas, program conduct and project requirements, individual eligibility, wages, benefits, and supportive services, waiver of education requirements, and linkages to other programs.
Requires that private industry councils include representatives of the State apprenticeship council. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrity of the United States
Courts Act of 2001''.
SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL DECISIONS.
(a) In General.--Subtitle A of title IV of the North American Free
Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended
by inserting after section 404 the following new section:
``SEC. 404A. REVIEW OF BINATIONAL PANEL DETERMINATIONS.
``(a) Basis for Review in Court of International Trade.--
``(1) In general.--If, within 30 days after publication in
the Federal Register of notice that a binational panel has
issued a determination following a review under article 1904 of
a decision of a competent investigating authority in the United
States, a party or person within the meaning of paragraph 5 of
article 1904 alleges that--
``(A)(i) the determination of the panel was based
on a misinterpretation of United States law;
``(ii) a member of a panel was guilty of a gross
misconduct, bias, or a serious conflict of interest, or
otherwise materially violated the rules of conduct,
``(iii) the panel seriously departed from a
fundamental rule of procedure, or
``(iv) the panel manifestly exceeded its powers,
authority, or jurisdiction set out in article 1904, as
in failing to apply the appropriate standard of review,
and
``(B) any of the actions described in subparagraph
(A) has materially affected the panel's decision and
threatens the integrity of the binational panel review
process,
then such party or person may file an appeal with the United
States Court of International Trade, seeking review of the
binational panel determination, pursuant to section 516A of the
Tariff Act of 1930.
``(2) Review in court of international trade where
binational panel does not act.--If a request for a panel review
has been made under article 1904 and a panel is not convened
within 315 days of the request, the Party requesting the panel
review or person within the meaning of paragraph 5 of article
1904 may file an appeal of the antidumping or countervailing
duty determination with respect to which the request was filed
with the United States Court of International Trade.
``(b) Decisions of the Court.--
``(1) In general.--In any appeal filed under subsection
(a)(1) for review of a binational panel determination, the
Court of International Trade shall, after examining the legal
and factual analysis underlying the findings and conclusions of
the panel's decision, determine whether any of the actions
described in subsection (a)(1)(A) has been established. If the
court finds that any of those actions has been established, the
court shall vacate the original panel decision and enter
judgment accordingly. If the actions are not established, the
court shall affirm the original binational panel decision.
Decisions of the Court of International Trade under this
section shall be binding on the parties with respect to the
matters between the parties that were before the panel.
``(2) Decisions where panel not convened.--In the case of
an appeal filed under subsection (a)(2) for review of a
determination of a competent investigating authority, the Court
of International Trade shall, after examining the legal and
factual analysis underlying the findings and conclusions of the
investigating authority's determination, determine whether the
determination was made in accordance with article 1904. If the
court finds that the determination was not in accordance with
article 1904 or is not supported by the legal and factual
analysis, the court shall vacate the investigating authority's
determination and enter judgment accordingly. If the court
finds that the determination was in accordance with article
1904 and is supported by the legal and factual analysis, the
court shall affirm the investigating authority's determination.
Decisions of the Court of International Trade under this
section shall be binding on the parties with respect to the
matters between the parties that would have been before a panel
had the panel been convened.
``(c) Exclusive Jurisdiction.--If a party or person within the
meaning of paragraph 5 of article 1904 timely files a notice of appeal
to the Court of International Trade pursuant to this section, then
jurisdiction exclusively resides with the United States Court of
International Trade, and such determinations are not subject to review
by an extraordinary challenge committee under paragraph 13 of article
1904.
``(d) Applicability.--Subsections (a)(1), (b)(1), and (c) apply to
all goods from NAFTA countries which were subject to an antidumping
duty or countervailing duty determination of a competent investigating
authority in the United States.''.
(b) Conforming Amendment.--The table of contents of the North
American Free Trade Implementation Act is amended by inserting after
the item relating to section 404 the following:
``Sec. 404A. Review of binational panel determinations.''.
SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE.
Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)(i)(I), by striking ``or
(viii)'' and inserting ``(viii), (ix), or (x)''; and
(B) in subparagraph (B), by adding at the end the
following:
``(ix) A final determination of a
binational panel convened pursuant to article
1904 of the NAFTA.
``(x) A final determination of an
investigating authority described in section
404A(a)(2) of the North American Free Trade
Agreement Implementation Act.'';
(2) in subsection (a)(5), in the matter preceding
subparagraph (A), by inserting ``(other than a determination
described in subsection (g)(3)(A)(vii))'' after ``apply''; and
(3) in subsection (g)(3)(A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period and
inserting ``, or''; and
(C) by adding at the end the following:
``(vii) a determination of which either a
party or person within the meaning of paragraph
5 of article 1904 of the NAFTA has requested
review pursuant to section 404A of the North
American Free Trade Agreement Implementation
Act.''.
SEC. 4. APPLICATION TO CANADA AND MEXICO.
Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act, the amendments made by this Act shall apply with
respect to goods from Canada and Mexico.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to any final
determination of a binational panel convened pursuant to article 1904
of the North American Free Trade Agreement or to a final determination
of a competent investigating authority with respect to which section
404A(a)(2) of the North American Free Trade Agreement Implementation
Act applies, notice of which is published in the Federal Register on or
after the date of enactment of this Act. | Integrity of the United States Courts Act of 2001 - Amends the North American Free Trade Agreement (NAFTA) Implementation Act to permit a party or person to file with the U.S. Court of International Trade an appeal of a determination of a binational panel, alleging that a panel determination was based on a misinterpretation of U.S. law, a member of a binational panel is guilty of gross misconduct, bias, or serious conflict of interest, or that the panel seriously departed from a fundamental rule of procedure or exceeded its own authority, and such actions have materially affected panel determinations with respect to antidumping and countervailing duty cases and threaten the integrity of the panel review process.Authorizes a party to file an appeal of the antidumping or countervailing duty determination with the U.S. Court of International Trade if such party has requested a panel review of the determination, but such panel is not convened within 315 days.Amends the Tariff Act of 1930 to grant the U.S. Court of International Trade jurisdiction over the review of a final determination of a binational panel or an investigating authority.Declares that the amendments made by this Act with respect to antidumping and countervailing duty law shall apply to goods from Canada and Mexico. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stock Option Accounting Reform
Act''.
SEC. 2. MANDATORY EXPENSING OF STOCK OPTIONS HELD BY HIGHLY COMPENSATED
OFFICERS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(m) Mandatory Expensing of Stock Options.--
``(1) Named executive officer.--As used in this subsection,
the term `named executive officer' means--
``(A) all individuals serving as the chief
executive officer of an issuer, or acting in a similar
capacity, during the most recent fiscal year,
regardless of compensation level; and
``(B) the 4 most highly compensated executive
officers, other than an individual identified under
subparagraph (A), that were serving as executive
officers of an issuer at the end of the most recent
fiscal year.
``(2) In general.--Subject to paragraph (4), every issuer
of a security registered pursuant to section 12 shall show as
an expense in the annual report of such issuer filed under
subsection (a)(2), the fair value of all options to purchase
the stock of the issuer granted after December 31, 2004, to a
named executive officer of the issuer.
``(3) Fair value.--
``(A) In general.--The fair value of an option to
purchase the stock of the issuer that is subject to
paragraph (2) shall be--
``(i) equal to the value that would be
agreed upon by a willing buyer and seller of
such option, who are not under any compulsion
to buy or sell such option; and
``(ii) shall take into account all of the
characteristics and restrictions imposed upon
the option.
``(B) Pricing model.--To the extent that an option
pricing model, such as the Black-Scholes method or a
binomial model, is used to determine the fair value of
an option, the assumed volatility of the underlying
stock shall be zero.
``(4) Exemptions.--
``(A) Small business issuers.--This subsection
shall not apply to an issuer, if--
``(i) the issuer has annual revenues of
less than $25,000,000;
``(ii) the issuer is organized under the
laws of the United States or Canada;
``(iii) the issuer is not an investment
company (as such term is defined under section
3 of the Investment Company Act of 1940 (15
U.S.C. 80a-3));
``(iv) the aggregate value of the
outstanding voting and non-voting common equity
securities of the issuer held by non-affiliated
parties is less than $25,000,000; and
``(v) in the case of an issuer that meets
the criteria in clauses (i) through (iv) and is
a majority owned subsidiary, the parent of the
issuer meets the requirements of this
paragraph.
``(B) Delayed effectiveness.--The requirements of
this subsection shall not apply to an issuer before the
end of the 3-year period beginning on the date of the
completion of the initial public offering of the
securities of the issuer, and shall only apply to an
option to purchase the stock of an issuer granted after
such date.''.
SEC. 3. PROHIBITION ON EXPENSING AND ECONOMIC IMPACT STUDY.
(a) Prohibition.--Section 19(b) of the Securities Act of 1933 is
amended by adding at the end the following:
``(3) Prohibition on expensing standards.--
``(A) In general.--The Commission shall not
recognize as ``generally accepted'' any accounting
principle established by a standard setting body
relating to the expensing of stock options unless--
``(i) it complies with the requirements of
subparagraph (B); and
``(ii) the economic impact study required
under section 3(b) of the Stock Option
Accounting Reform Act of 2003 has been
completed.
``(B) Requirements.--A standard referred to in
subparagraph (A) shall require that--
``(i) if an option to purchase the stock of
an issuer that is subject to the requirements
of section 13(m) of the Securities Exchange Act
of 1934 is exercised, forfeited, or expires
unexercised, any expense that had been reported
under that section 13(m) with respect to such
option shall be reported in the fiscal year in
which the option expires or is forfeited as a
reduction of the total expense required to be
reported under that section 13(m) during that
fiscal year; and
``(ii) to the extent that any reduction
required under clause (i) exceeds total option
expenses for any fiscal year, such excess shall
be reported as income with respect to options
to purchase the stock of the issuer.''.
(b) Economic Impact Study.--The Secretary of Commerce and the
Secretary of Labor shall conduct and complete a joint study on the
economic impact of the mandatory expensing of all employee stock
options, including the impact upon--
(1) the use of broad-based stock option plans in expanding
employee corporate ownership to workers at a wide range of
income levels, with particular focus upon non-executive
employees;
(2) the role of such plans in the recruitment and retention
of skilled workers;
(3) the role of such plans in stimulating research and
innovation;
(4) the effect of such plans in stimulating the economic
growth of the United States; and
(5) the role of such plans in strengthening the
international competitiveness of businesses organized under the
laws of the United States. | Stock Option Accounting Reform Act - Amends the Securities Exchange Act of 1934 to require an issuer of registered securities to show as an expense in its mandatory annual report the fair value of all stock purchase options granted to certain of its senior executive officers after December 31, 2004.
Exempts small business issuers from such requirement.
Amends the Securities Act of 1933 to require reporting of: (1) stock option expenses as a reduction of the total expense in the fiscal year in which they expire or are forfeited; and (2) as income any excess by which such reduction exceeds total option expenses for any fiscal year.
Requires any accounting principle recognized as "generally accepted" by the Securities and Exchange Commission (SEC) regarding the expensing of stock purchase options to comply with this Act. Denies recognition to any such accounting principle until the Secretaries of Commerce and of Labor complete a joint study on the economic impact of mandatory expensing of all employee stock options. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Citizens Against Marketing
Scams Act of 1993''.
SEC. 2. FINDINGS AND DECLARATION.
The Congress makes the following findings and declaration:
(1) Unprecedented Federal law enforcement investigations
have uncovered a national network of illicit telemarketing
operations.
(2) Most of the telemarketing industry is legitimate,
employing over 3,000,000 people through direct and indirect
means.
(3) Illicit telemarketers, however, are an increasing
problem which victimizes our Nation's senior citizens in
disproportionate numbers.
(4) Interstate telemarketing fraud has become a problem of
such magnitude that the resources of the Department of Justice
are not sufficient to ensure that there is adequate
investigation of, and protection from, such fraud.
(5) Telemarketing differs from other sales activities in
that it can be carried out by sellers across State lines
without direct contact. Telemarketers can also be very mobile,
easily moving from State to State.
(6) It is estimated that victims lose billions of dollars a
year as a result of telemarketing fraud.
(7) Consequently, Congress should enact legislation that
will--
(A) enhance Federal law enforcement resources;
(B) ensure adequate punishment for telemarketing
fraud; and
(C) educate the public.
SEC. 3. ENHANCED PENALTIES FOR TELEMARKETING FRAUD.
(a) Offense.--Part I of title 18, United States Code, is amended--
(1) by redesignating chapter 113A as chapter 113B; and
(2) by inserting after chapter 113 the following new
chapter:
``CHAPTER 113A--TELEMARKETING FRAUD
``Sec.
``2325. Definition.
``2326. Enhanced penalties.
``2327. Restitution.
``Sec. 2325. Definition
``In this chapter, `telemarketing'--
``(1) means a plan, program, promotion, or campaign that is
conducted to induce--
``(A) purchases of goods or services; or
``(B) participation in a contest or sweepstakes,
by use of 1 or more interstate telephone calls initiated either
by a person who is conducting the plan, program, promotion, or
campaign or by a prospective purchaser or contest or
sweepstakes participant; but
``(2) does not include the solicitation of sales through
the mailing of a catalog that--
``(A) contains a written description or
illustration of the goods or services offered for sale;
``(B) includes the business address of the seller;
``(C) includes multiple pages of written material
or illustration; and
``(D) has been issued not less frequently than once
a year,
if the person making the solicitation does not solicit
customers by telephone but only receives calls initiated by
customers in response to the catalog and during those calls
take orders without further solicitation.
``Sec. 2326. Enhanced penalties
``An offender that is convicted of an offense under 1028, 1029,
1341, 1342, 1343, or 1344 in connection with the conduct of
telemarketing--
``(1) may be imprisoned for a term of 5 years in addition
to any term of imprisonment imposed under any of those
sections, respectively; and
``(2) in the case of an offense under any of those sections
that--
``(A) victimized 20 or more persons over the age of
55; or
``(B) targeted persons over the age of 55,
may be imprisoned for a term of 10 years in addition to any
term of imprisonment imposed under any of those sections,
respectively.
``Sec. 2327. Restitution
``In sentencing an offender under section 2326, the court shall
order the offender to pay restitution to any victims and may order the
offender to pay restitution to others who sustained losses as a result
of the offender's fraudulent activity.''.
(b) Technical Amendments.--
(1) Part analysis.--The part analysis for part I of title
18, United States Code, is amended by striking the item
relating to chapter 113A and inserting the following:
``113A. Telemarketing fraud................................. 2325
``113B. Terrorism........................................... 2331''.
(2) Chapter 113b.--The chapter heading for chapter 113B of
title 18, United States Code, as redesignated by subsection
(a)(1), is amended to read as follows:
``CHAPTER 113B--TERRORISM''.
SEC. 4. FORFEITURE OF FRAUD PROCEEDS.
Section 982(a) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
``(6) The Court, in sentencing an offender under section
2326, shall order that the offender forfeit to the United
States any real or personal property constituting or derived
from proceeds that the offender obtained directly or indirectly
as a result of the offense.''.
SEC. 5. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS.
(a) Review.--The United States Sentencing Commission shall review
and, if necessary, amend the sentencing guidelines to ensure that
victim related adjustments for fraud offenses against older victims
over the age of 55 are adequate.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Sentencing Commission shall report to Congress the result
of its review under subsection (a).
SEC. 6. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION.
Section 3059 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1) In special circumstances and in the Attorney General's
sole discretion, the Attorney General may make a payment of up to
$10,000 to a person who furnishes information unknown to the Government
relating to a possible prosecution under section 2325 which results in
a conviction.
``(2) A person is not eligible for a payment under paragraph (1)
if--
``(A) the person is a current or former officer or employee
of a Federal, State, or local government agency or
instrumentality who furnishes information discovered or
gathered in the course of government employment;
``(B) the person knowingly participated in the offense;
``(C) the information furnished by the person consists of
an allegation or transaction that has been disclosed to the
public--
``(i) in a criminal, civil, or administrative
proceeding;
``(ii) in a congressional, administrative, or
General Accounting Office report, hearing, audit, or
investigation; or
``(iii) by the news media, unless the person is the
original source of the information; or
``(D) when, in the judgment of the Attorney General, it
appears that a person whose illegal activities are being
prosecuted or investigated could benefit from the award.
``(3) For the purposes of paragraph (2)(C)(iii), the term `original
source' means a person who has direct and independent knowledge of the
information that is furnished and has voluntarily provided the
information to the Government prior to disclosure by the news media.
``(4) Neither the failure of the Attorney General to authorize a
payment under paragraph (1) nor the amount authorized shall be subject
to judicial review.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 1994 for
the purposes of carrying out this Act and the amendments made by this
Act--
(1) $10,000,000 for the Federal Bureau of Investigation to
hire, equip, and train no fewer than 100 special agents and
support staff to investigate telemarketing fraud cases;
(2) $3,500,000 to hire, equip, and train no fewer than 30
Department of Justice attorneys, assistant United States
Attorneys, and support staff to prosecute telemarketing fraud
cases; and
(3) $10,000,000 for the Department of Justice to conduct,
in cooperation with State and local law enforcement agencies
and senior citizen advocacy organizations, public awareness and
prevention initiatives for senior citizens, such as seminars
and training.
SEC. 8. BROADENING APPLICATION OF MAIL FRAUD STATUTE.
Section 1341 of title 18, United States Code, is amended--
(1) by inserting ``or deposits or causes to be deposited
any matter or thing whatever to be sent or delivered by any
private or commercial interstate carrier,'' after ``Postal
Service,''; and
(2) by inserting ``or such carrier'' after ``causes to be
delivered by mail''.
SEC. 9. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES.
Section 1029 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (3);
and
(B) by inserting after paragraph (4) the following
new paragraphs:
``(5) knowingly and with intent to defraud effects
transactions, with 1 or more access devices issued to another
person or persons, to receive payment or any other thing of
value during any 1-year period the aggregate value of which is
equal to or greater than $1,000;
``(6) without the authorization of the issuer of the access
device, knowingly and with intent to defraud solicits a person
for the purpose of--
``(A) offering an access device; or
``(B) selling information regarding or an
application to obtain an access device; or
``(7) without the authorization of the credit card system
member or its agent, knowingly and with intent to defraud
causes or arranges for another person to present to the member
or its agent, for payment, 1 or more evidences or records of
transactions made by an access device;'';
(2) in subsection (c)(1) by striking ``(a)(2) or (a)(3)''
and inserting ``(a) (2), (3), (5), (6), or (7)''; and
(3) in subsection (e)--
(A) by striking ``and'' at the end of paragraph
(5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(7) the term `credit card system member' means a
financial institution or other entity that is a member of a
credit card system, including an entity, whether affiliated
with or identical to the credit card issuer, that is the sole
member of a credit card system.''.
SEC. 10. INFORMATION NETWORK.
(a) Hotline.--The Attorney General shall establish a national toll-
free hotline for the purpose of--
(1) providing general information on telemarketing fraud to
interested persons; and
(2) gathering information related to possible violations of
this Act.
(b) Action on Information Gathered.--The Attorney General shall
work in cooperation with the Federal Trade Commission to ensure that
information gathered through the hotline shall be acted on in an
appropriate manner.
Passed the Senate July 30 (legislative day, June 30), 1993.
Attest:
WALTER J. STEWART,
Secretary. | Senior Citizens Against Marketing Scams Act of 1993 - Amends the Federal criminal code to provide for enhanced penalties for telemarketing fraud that targets or victimizes persons over age 55. Directs the court to order offenders to: (1) pay restitution to persons who sustained losses as a result of the fraudulent activity; and (2) forfeit to the United States property constituting or derived from proceeds obtained as a result of the offense.
Requires the U.S. Sentencing Commission to review and, if necessary, amend the sentencing guidelines to ensure that victim related adjustments for fraud offenses against persons over age 55 are adequate.
Authorizes the Attorney General to make awards for furnishing information leading to the prosecution and conviction of telemarketing fraud offenders.
Authorizes appropriations.
Makes the mail fraud statute applicable to matter sent or delivered by any private or commercial interstate carrier.
Sets forth provisions regarding fraud and related activity in connection with access devices.
Directs the Attorney General to establish a national, toll-free telemarketing fraud hotline. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Service Dogs for Veterans Act of
2009''.
SEC. 2. PILOT PROGRAM ON USE OF SERVICE DOGS FOR THE TREATMENT OR
REHABILITATION OF VETERANS WITH PHYSICAL OR MENTAL
INJURIES OR DISABILITIES.
(a) Findings.--Congress makes the following findings:
(1) The United States owes a profound debt to those who
have served the United States honorably in the Armed Forces.
(2) Disabled veterans suffer from a range of physical and
mental injuries and disabilities.
(3) In 2008, the Army reported the highest level of
suicides among its soldiers since it began tracking the rate 28
years before 2009.
(4) A scientific study documented in the 2008 Rand Report
entitled ``Invisible Wounds of War'' estimated that 300,000
veterans of Operation Enduring Freedom and Operation Iraqi
Freedom currently suffer from post-traumatic stress disorder.
(5) Veterans have benefitted in multiple ways from the
provision of service dogs.
(6) The Department of Veterans Affairs has been
successfully placing guide dogs with the blind since 1961.
(7) Thousands of dogs around the country await adoption.
(b) Program Required.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
commence a three-year pilot program to assess the benefits,
feasibility, and advisability of using service dogs for the treatment
or rehabilitation of veterans with physical or mental injuries or
disabilities, including post-traumatic stress disorder.
(c) Partnerships.--
(1) In general.--The Secretary shall carry out the pilot
program by partnering with nonprofit organizations that--
(A) have experience providing service dogs to
individuals with injuries or disabilities;
(B) do not charge fees for the dogs, services, or
lodging that they provide; and
(C) are accredited by a generally accepted
industry-standard accrediting institution.
(2) Reimbursement of costs.--The Secretary shall reimburse
partners for costs relating to the pilot program as follows:
(A) For the first 50 dogs provided under the pilot
program, all costs relating to the provision of such
dogs.
(B) For dogs provided under the pilot program after
the first 50 dogs provided, all costs relating to the
provision of every other dog.
(d) Participation.--
(1) In general.--As part of the pilot program, the
Secretary shall provide a service dog to a number of veterans
with physical or mental injuries or disabilities that is
greater than or equal to the greater of--
(A) 200; and
(B) the minimum number of such veterans required to
produce scientifically valid results with respect to
assessing the benefits and costs of the use of such
dogs for the treatment or rehabilitation of such
veterans.
(2) Composition.--The Secretary shall ensure that--
(A) half of the participants in the pilot program
are veterans who suffer primarily from a mental health
injury or disability; and
(B) half of the participants in the pilot program
are veterans who suffer primarily from a physical
injury or disability.
(e) Study.--In carrying out the pilot program, the Secretary shall
conduct a scientifically valid research study of the costs and benefits
associated with the use of service dogs for the treatment or
rehabilitation of veterans with physical or mental injuries or
disabilities. The matters studied shall include the following:
(1) The therapeutic benefits to such veterans, including
the quality of life benefits reported by the veterans partaking
in the pilot program.
(2) The economic benefits of using service dogs for the
treatment or rehabilitation of such veterans, including--
(A) savings on health care costs, including savings
relating to reductions in hospitalization and
reductions in the use of prescription drugs; and
(B) productivity and employment gains for the
veterans.
(3) The effectiveness of using service dogs to prevent
suicide.
(f) Reports.--
(1) Annual report of the secretary.--After each year of the
pilot program, the Secretary shall submit to Congress a report
on the findings of the Secretary with respect to the pilot
program.
(2) Final report by the national academy of sciences.--Not
later than 180 days after the date of the completion of the
pilot program, the National Academy of Sciences shall submit to
Congress a report on the results of the pilot program. | Service Dogs for Veterans Act of 2009 - Directs the Secretary of Veterans Affairs (VA) to commence a three-year pilot program to assess the benefits, feasibility, and advisability of using service dogs for the treatment or rehabilitation of veterans with physical or mental injuries or disabilities, including post-traumatic stress disorder. Requires related reports to Congress. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Country-of-Origin Labeling for Fuels
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Country-of-origin information.--The term ``country-of-
origin information'' means information regarding each country
in which motor vehicle fuel or the components of such fuel were
extracted, refined, or otherwise processed.
(2) Motor vehicle fuel.--The term ``motor vehicle fuel''--
(A) means any fuel used to power an automobile, as
defined in section 32901(3) of title 49, United States
Code; and
(B) includes alternative fuels, as defined in
section 32901(1) of such title, other than electricity
(including electricity from solar energy).
(3) Motor vehicle fuel retailer.--The term ``motor vehicle
fuel retailer'' means a person in the motor vehicle fuel supply
chain who sells motor vehicle fuel to the general public for
ultimate consumption.
(4) Motor vehicle fuel supplier.--The term ``motor vehicle
fuel supplier'' means a person in the motor vehicle fuel supply
chain other than a motor vehicle fuel retailer.
SEC. 3. STUDY ON IMPLEMENTING COUNTRY-OF-ORIGIN LABELING FOR MOTOR
VEHICLE FUEL.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Energy, in consultation with
the Administrator of the Environmental Protection Agency, shall--
(1) conduct a study to determine appropriate methods and
standards for requiring that--
(A) motor vehicle fuel suppliers disclose country-
of-origin information with respect to motor vehicle
fuel to the next person in the motor vehicle fuel
supply chain; and
(B) motor vehicle retailers disclose such
information to consumers; and
(2) make recommendations with respect to the most feasible
and cost-effective country-of-origin information disclosure
requirements that can be imposed on motor vehicle fuel
suppliers and motor vehicle fuel retailers.
(b) Elements of Study.--The study required by subsection (a) shall
address the following:
(1) The extent to which persons at each step in the motor
vehicle fuel supply chain have access to country-of-origin
information regarding the fuel they sell, and the nature of any
such information.
(2) An assessment of whether such information is adequate--
(A) to enable a motor vehicle fuel supplier to
provide country-of-origin information to the next
person in the supply chain; and
(B) to enable a motor vehicle fuel retailer to
provide country-of-origin information to consumers, by
displaying that information at fuel pumps or on a
website.
(3) If the Secretary determines under paragraph (2) that
such information is inadequate to enable motor vehicle fuel
suppliers or motor vehicle fuel retailers to provide country-
of-origin information, measures that can be taken to collect
adequate information--
(A) by the Secretary; and
(B) by motor vehicle fuel suppliers and motor
vehicle fuel retailers.
(4) The feasibility of various country-of-origin
information disclosure requirements, including--
(A) displaying at each fuel pump the precise
country or countries in which the fuel being dispensed
to each consumer originated; and
(B) displaying at each motor vehicle fuel retailer
or on the website of each motor vehicle fuel supplier
or motor vehicle fuel retailer the country or countries
from which the fuel the supplier or retailer (as the
case may be) sells generally originates.
(5) Such other issues relating to motor vehicle fuel
country-of-origin information disclosure requirements as the
Secretary considers appropriate.
(c) Report to Congress.--Not later than 90 days after completing
the study required by subsection (a), the Secretary shall submit to
Congress a report that--
(1) summarizes the results of the study; and
(2) contains the recommendations required by subsection
(a)(2).
SEC. 4. REGULATIONS REQUIRING COUNTRY-OF-ORIGIN INFORMATION DISCLOSURE.
(a) In General.--Not later than 180 days after submitting the
report required by section 3(c), the Secretary of Energy, in
consultation with the Administrator of the Environmental Protection
Agency, shall prescribe regulations requiring disclosure of country-of-
origin information by motor vehicle fuel suppliers and motor vehicle
fuel retailers in accordance with the Secretary's recommendations in
the report.
(b) 70 Percent Threshold.--The regulations required by subsection
(a) shall not require the listing of more than one country-of-origin
for a fuel blend containing fuel 70 percent or more of which originated
in a single country.
SEC. 5. ENFORCEMENT.
(a) In General.--Subject to subsection (b), the Secretary of Energy
may impose a civil penalty of not more than $10,000 on a person that
the Secretary determines, in accordance with section 554 of title 5,
United States Code, knowingly violates the regulations prescribed under
section 4.
(b) Requirements With Respect to Imposition of Penalty.--
(1) Notice.--The Secretary of Energy may not impose a
penalty upon a person for violating the regulations prescribed
under section 4 unless--
(A) the Secretary provides the person with notice
of the violation; and
(B) the violation continues for more than 30 days
after the date on which the person received notice
under subparagraph (A).
(2) Determination of amount of penalty.--In determining the
amount of the penalty to be imposed on a person for violating
the regulations prescribed under section 4, the Secretary shall
consider the severity of the violation, the size of the
person's business, and the effect of the penalty on the
person's ability to continue in business. | Country-of-Origin Labeling for Fuels Act - Directs the Secretary of Energy to study and report to Congress with recommendations for appropriate methods and standards for requiring: (1) motor vehicle fuel suppliers to disclose to the next person in the motor vehicle fuel supply chain information regarding each country in which the fuel or any of its components were extracted, refined, or otherwise processed; and (2) motor vehicle retailers to disclose this information to consumers.
Requires the Secretary to prescribe regulations requiring disclosure of country-of-origin information by motor vehicle fuel suppliers and retailers in accordance with such recommendations. Prohibits such regulations, however, from requiring the listing of more than one country-of-origin for a fuel blend containing fuel 70% or more of which originated in a single country.
Authorizes the Secretary to impose a civil penalty of up to $10,000 on any person that knowingly violates such regulations. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food and Medicine for the World Act
of 1999''.
SEC. 2. REQUIREMENT OF CONGRESSIONAL APPROVAL OF ANY NEW UNILATERAL
AGRICULTURAL SANCTION.
(a) Definitions.--
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given the term in section 402 of
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1732).
(2) Agricultural program.--The term ``agricultural
program'' means--
(A) any program administered through the
Agricultural Trade Development and Assistance Act of
1954 (Public Law 480; 7 U.S.C. 1701 et seq.);
(B) any program administered through section 416 of
the Agricultural Act of 1949 (7 U.S.C. 1431);
(C) any commercial sale of agricultural commodities
or agricultural products, including plant nutrient
materials; or
(D) any export financing (including credits or
credit guarantees) for agricultural commodities or
agricultural products.
(3) New unilateral agricultural sanction.--The term ``new
unilateral agricultural sanction'' means any prohibition,
restriction, or condition on carrying out an agricultural
program with respect to a foreign country or foreign entity
that is imposed by the United States on or after the date of
enactment of this Act for reasons of foreign policy or national
security, except in a case in which the United States imposes
the measure pursuant to a multilateral regime and the other
member countries of that regime have agreed to impose
substantially equivalent measures.
(4) New unilateral sanction with respect to medicine,
medical supplies, or medical equipment.--The term ``new
unilateral sanction with respect to medicine, medical supplies,
or medical equipment'' means any prohibition, restriction, or
condition on trade in, or the provision of assistance
consisting of, medicine, medical supplies, or medical equipment
with respect to a foreign country or foreign entity that is
imposed by the United States on or after the date of enactment
of this Act for reasons of foreign policy or national security,
except in a case in which the United States imposes the measure
pursuant to a multilateral regime and the other member
countries of that regime have agreed to impose substantially
equivalent measures.
(5) Session day of congress.--The term ``session day of
Congress'' means any day on which a House of Congress is in
session.
(b) Restriction.--Notwithstanding any other provision of law and
subject to subsection (c), the President may not impose a new
unilateral agricultural sanction against a foreign country, or a new
unilateral sanction with respect to medicine, medical supplies, or
medical equipment against a foreign country, unless--
(1) not less than 60 days before the sanction is proposed
to be imposed, the President submits a report to Congress
that--
(A) describes the activity proposed to be
prohibited, restricted, or conditioned; and
(B) describes the actions by the foreign country
that justify the sanction; and
(2) Congress enacts a joint resolution stating the approval
of Congress for the report submitted under paragraph (1).
(c) Exception.--Notwithstanding subsection (b), the President may
impose a sanction described in that subsection--
(1) against a foreign country with respect to which--
(A) Congress has enacted a declaration of war; or
(B) the President has proclaimed a state of
national emergency; or
(2) to the extent that the sanction would prohibit,
restrict, or condition the provision or use of any commodity,
product, medicine, supply, or equipment that is controlled on
the United States Munitions List under section 38 of the Arms
Export Control Act or the Commerce Control List under the
Export Administration Act of 1979.
(d) Congressional Priority Procedures.--
(1) Joint resolution defined.--For the purpose of
subsection (b)(2), ``joint resolution'' means only a joint
resolution introduced within 10 session days of Congress after
the date on which the report of the President under subsection
(b)(1) is received by Congress, the matter after the resolving
clause of which is as follows: ``That Congress approves the
report of the President pursuant to section 2(b)(1) of the Food
and Medicine for the World Act of 1999, transmitted on
______________.'', with the blank completed with the
appropriate date.
(2) Referral of report.--The report described in subsection
(b)(1) shall be referred to the appropriate committee or
committees of the House of Representatives and to the
appropriate committee or committees of the Senate.
(3) Referral of joint resolution to committee.--A joint
resolution introduced in the House of Representatives shall be
referred to the Committee on International Relations of the
House of Representatives. A joint resolution introduced in the
Senate shall be referred to the Committee on Foreign Relations
of the Senate. Such a joint resolution may not be reported
before the eighth session day of Congress after its
introduction.
(4) Discharge from committee.--If the committee of either
House to which a joint resolution is referred has not reported
the joint resolution (or an identical joint resolution) at the
end of 30 session days of Congress after its introduction, the
committee shall be discharged from further consideration of the
joint resolution and the joint resolution shall be placed on
the appropriate calendar of the House in which it was
introduced.
(5) Floor consideration.--
(A) Motion to proceed.--When the committee to which
a joint resolution is referred has reported, or has
been deemed to be discharged (under paragraph (4)) from
further consideration of, a joint resolution,
notwithstanding any rule or precedent of the
Senate, including Rule 22, it is at any time thereafter in order (even
though a previous motion to the same effect has been disagreed to) for
any Member of the respective House to move to proceed to the
consideration of the joint resolution, and all points of order against
the joint resolution (and against consideration of the joint
resolution) are waived. The motion is highly privileged in the House of
Representatives and is privileged in the Senate and is not debatable.
The motion is not subject to amendment, or to a motion to postpone, or
to a motion to proceed to the consideration of other business. A motion
to reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the joint resolution shall remain
the unfinished business of the respective House until disposed of.
(B) Debate on the joint resolution.--Debate on the
joint resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to
not more than ten hours, which shall be divided equally
between those favoring and those opposing the joint
resolution. A motion further to limit debate is in
order and not debatable. An amendment to, or a motion
to postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the joint resolution is not in order. A motion
to reconsider the vote by which the joint resolution is
agreed to or disagreed to is not in order.
(C) Vote on final passage.--Immediately following
the conclusion of the debate on a joint resolution, and
a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the
appropriate House, the vote on final passage of the
joint resolution shall occur.
(D) Appeals of rulings.--Appeals from the decisions
of the Chair relating to the application of the rules
of the Senate or the House of Representatives, as the
case may be, to the procedure relating to a joint
resolution described in paragraph (1) shall be decided
without debate.
(6) Treatment of other house's joint resolution.--If,
before the passage by one House of Congress of a joint
resolution of that House, that House receives from the other
House a joint resolution, then the following procedures shall
apply:
(A) Referral of joint resolutions of sending
house.--The joint resolution of the sending House shall
not be referred to a committee in the receiving House.
(B) Procedures in receiving house.--With respect to
a joint resolution of the House receiving the joint
resolution--
(i) the procedure in that House shall be
the same as if no joint resolution had been
received from the sending House; but
(ii) the vote on final passage shall be on
the joint resolution of the sending House.
(C) Disposition of joint resolutions of receiving
house.--Upon disposition of the joint resolution
received from the other House, it shall no longer be in
order to consider the joint resolution originated in
the receiving House.
(7) Procedures after action by both the house and senate.--
If the House receiving a joint resolution from the other House
after the receiving House has disposed of a joint resolution
originated in that House, the action of the receiving House
with regard to the disposition of the joint resolution
originated in that House shall be deemed to be the action of
the receiving House with regard to the joint resolution
originated in the other House.
(8) Status of procedures.--This subsection is enacted by
Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
joint resolution described in paragraph (1), and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner and to the same extent as in the
case of any other rule of that House. | Food and Medicine for the World Act of 1999 - Prohibits, with specified exceptions, the President from imposing a new unilateral agricultural sanction, or a new unilateral sanction with respect to medicine, medical supplies, or medical equipment, against a foreign country, unless: (1) not less than 60 days before the sanction is proposed to be imposed, the President makes a specified report to Congress; and (2) Congress enacts a joint resolution approving the report. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Theodore Roosevelt Wildlife Legacy
Act of 1997''.
SEC. 2. MISSION AND PURPOSES OF THE SYSTEM.
(a) Mission.--The overall mission of the National Wildlife Refuge
System (in this Act referred to as the ``System'') is to preserve a
network of lands and waters for the conservation and management of
fish, wildlife, and plants of the United States for the benefit of
present and future generations.
(b) Purposes.--The purposes of the System are--
(1) to conserve, manage, and where appropriate, restore
fish and wildlife habitats so as to provide, in perpetuity, for
the diversity of fish, wildlife, and plants and the ecological
processes that sustain them;
(2) to provide a diverse national network of lands and
waters designed to conserve and manage, in perpetuity, fish,
wildlife, and plants of the United States, and their habitats;
(3) to conserve and manage migratory birds, endangered
species, anadromous or interjurisdictional fish species, marine
mammals, and other fish, wildlife, and plants; and
(4) to fulfill international treaty obligations of the
United States with respect to fish, wildlife, and plants, and
their habitats.
SEC. 3. PRIORITY USES.
The priority public uses of the System are wildlife observation and
photography, hunting, fishing, and environmental education and
interpretation.
SEC. 4. ADMINISTRATION OF THE SYSTEM.
In administering the System, the Secretary of the Interior shall--
(1) ensure that the mission and purposes of the System
described in section 2 and the purposes of each refuge are
carried out, except that if a conflict exists between the
primary purpose of a National Wildlife Refuge and any purpose
of the System, the conflict shall be resolved in a manner that
first fulfills the primary purpose of the refuge, and, to the
extent practicable, also achieves the purposes of the System;
(2) ensure that opportunities for the uses described in
section 3 receive priority attention in planning and management
within the System, consistent with the mission and purposes of
the System described in sections 2(a) and (b);
(3) plan, propose, and direct expansion of the System--
(A) to accomplish the mission and purposes of the
System and the purposes of each National Wildlife
Refuge; and
(B) to contribute to the conservation of the
ecosystems of the United States; and
(4) inventory and monitor the status and trends of fish,
wildlife, and plants in each National Wildlife Refuge.
SEC. 5. COMPATIBILITY STANDARDS AND PROCEDURES.
(a) General Rule.--Except as provided in subsection (b), effective
beginning on the date that is 3 years after the date of enactment of
this Act, the Secretary shall not initiate or permit a new use of a
National Wildlife Refuge or expand, renew, or extend an existing
allowed use unless the Secretary determines that the use is compatible
with the primary purposes of the refuge and the mission and purposes of
the System specified in section 2 of this Act. Such determinations
shall--
(1) be made in writing, be based on the best available
scientific information, and represent the best professional
judgment of the refuge officer involved;
(2) be made after an opportunity has been provided for the
public to review and comment on the evaluations;
(3) where appropriate, be made concurrently with the
development of a conservation plan for the refuge under section
6; and
(4) be reevaluated when conditions under which the use is
permitted change significantly or when there is significant new
information regarding the effects of the use, but not less
frequently than every 10 years.
(b) Prior Identification for New Acquisitions.--On lands added to
the System after the date of enactment of this Act, the Secretary shall
identify, prior to acquisition, existing compatible priority public
uses (as described in section 3) that shall be permitted to continue on
an interim basis pending completion of comprehensive planning.
SEC. 6. REFUGE CONSERVATION PLANNING PROGRAM.
(a) General Rule.--Except with respect to National Wildlife Refuge
lands in Alaska (which shall be governed by the refuge planning
provision of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.)), the Secretary shall--
(1) propose a comprehensive conservation plan for each
refuge or ecologically related complex of refuges consistent
with section 2 of this Act within 15 years after the date of
enactment of this Act and revise such plans not less frequently
than every 15 years thereafter;
(2) develop and implement a process to ensure an
opportunity for active public involvement in the preparation
and revision of conservation plans; and
(3) manage each refuge in a manner consistent with the
conservation plan for the refuge.
(b) New Refuges.--With respect to any refuge established after the
date of enactment of this Act, the Secretary shall prepare a
conservation plan for the refuge not later than 2 years after the
Secretary has determined that sufficient land has been acquired to
warrant comprehensive planning. | Theodore Roosevelt Wildlife Legacy Act of 1997 - Declares the mission of the National Wildlife Refuge System to be to preserve a network of lands and waters for the conservation and management of U.S. fish, wildlife, and plants for present and future generations.
Establishes as the System's priority public uses: (1) wildlife observation and photography; (2) hunting; (3) fishing; and (4) environmental education and interpretation.
Directs the Secretary of the Interior, in administering the System, to: (1) resolve any conflict between the primary purpose of a National Wildlife Refuge and any purpose of the System in a manner that first fulfills the primary purpose of the refuge; (2) plan, propose, and direct System expansion to accomplish the mission and purposes of the System and of each refuge and to contribute to the conservation of U.S. ecosystems; and (3) inventory and monitor the status and trends of fish, wildlife, and plants in each refuge.
Prohibits the Secretary, effective three years after enactment of this Act, from initiating or permitting a new use of a refuge or an expansion of an existing allowed use unless such use is compatible with the primary purposes of the refuge and the mission and purposes of the System.
Directs the Secretary to: (1) propose within 15 years and revise every 15 years comprehensive conservation plans for each refuge in the System, except refuges in Alaska; (2) develop and implement a process to ensure an opportunity for active public involvement in the preparation and revision of such plans; (3) manage each refuge in a manner consistent with its conservation plan; and (4) prepare a conservation plan for a refuge established after enactment of this Act not later than two years after the Secretary determines that sufficient land has been acquired to warrant comprehensive planning. | [
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] |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) From 2014 through 2018, the United States and nations
around the world will mark the centennial of World War I,
including the entry of the United States into the war in April
1917.
(2) America's support of Great Britain, France, Belgium,
and its other allies in World War I marked the first time in
this Nation's history that American soldiers went abroad in
defense of liberty against foreign aggression, and it marked
the true beginning of ``the American century''.
(3) Although World War I was at the time called ``the war
to end all wars'', in fact the United States would commit its
troops to the defense of foreign lands 3 more times in the 20th
century.
(4) More than 4,000,000 men and women from the United
States served in uniform during World War I, among them 2
future presidents, Harry S. Truman and Dwight D. Eisenhower.
Two million individuals from the United States served overseas
during World War I, including 200,000 naval personnel who
served on the seas. The United States suffered 375,000
casualties during World War I, including 116,516 deaths.
(5) The events of 1914 through 1918 shaped the world, the
United States, and the lives of millions of people in countless
ways.
(6) The centennial of World War I offers an opportunity for
people in the United States to learn about and commemorate the
sacrifices of their predecessors.
(7) Commemorative programs, activities, and sites allow
people in the United States to learn about the history of World
War I, the United States involvement in that war, and the war's
effects on the remainder of the 20th century, and to
commemorate and honor the participation of the United States
and its citizens in the war effort.
(8) While the other great conflicts of the 20th century,
World War II, the Korean War, and the Vietnam War, have
national memorials on the Mall in Washington, DC, there
currently exists no nationally recognized memorial honoring the
service of the United States and its citizens in World War I.
(9) In 1921, the people of Kansas City, Missouri dedicated
a site in that city for a memorial to the service of Americans
in World War I, a ceremony attended by General John J. Pershing
and military leaders of Great Britain, France, Belgium, and
Italy. In 1924, the cornerstone of the 217-foot Liberty
Memorial Tower was laid. On Armistice Day 1926, President
Calvin Coolidge delivered the keynote address at the Memorial's
dedication ceremony. The Memorial and surrounding grounds were
completed in 1938, with an inscription that reads ``In Honor of
Those Who Served in the World War in Defense of Liberty and Our
Country.''.
(10) The 106th Congress recognized the Liberty Memorial as
a national symbol of World War I.
(11) The 108th Congress designated the museum at the base
of the Liberty Memorial as ``America's National World War I
Museum''. The museum preserves the history of World War I, and
educates and enlightens people about this significant event.
(12) The District of Columbia War Memorial was authorized
in 1924 by resolution of the 68th Congress, and was dedicated
on Armistice Day 1931 by President Herbert Hoover. The DC War
Memorial, erected in memory of the 499 residents of the
District of Columbia who died in World War I, is often
overlooked by residents and visitors to Washington.
(13) The DC War Memorial is located on the national Mall in
Washington, adjacent to the World War II, Korean War, and
Vietnam memorials. Of these memorials, which now compose a
quartet of memorials to the 4 great wars of the American
Century, only the DC War Memorial is not a national memorial.
SEC. 2. PURPOSE.
The purpose of this Act is to--
(1) establish a commission, in Kansas City, Missouri, to
ensure a suitable national observance of the centennial of
World War I; and
(2) rededicate the Liberty Memorial of Kansas City and the
District of Columbia War Memorial, respectively, as the
``National World War I Museum and Memorial'' and the ``District
of Columbia and National World War I Memorial''.
SEC. 3. DEFINITIONS.
In this Act:
(1) America's national world war i museum.--The term
``America's National World War I Museum'' means the Liberty
Memorial Museum in Kansas City, Missouri, as recognized by
Congress in section 1031(b) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 2045).
(2) Commission.--The term ``Commission'' means the World
War I Centennial Commission established by section 4(a).
(3) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by the
Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
SEC. 4. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``World War I Centennial Commission''.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 24
members as follows:
(A) Four members who shall be appointed by the
Speaker of the House of Representatives.
(B) Three members who shall be appointed by the
minority leader of the House of Representatives.
(C) Four members who shall be appointed by the
majority leader of the Senate.
(D) Three members who shall be appointed by the
minority leader of the Senate.
(E) Seven members who shall be appointed by the
President from among persons who are broadly
representative of the people of the United States
(including members of the Armed Forces, veterans, and
representatives of veterans service organizations).
(F) One member who shall be appointed by the
executive director of the Veterans of Foreign Wars of
the United States.
(G) One member who shall be appointed by the
executive director of the American Legion.
(H) One member who shall be appointed by the
president of the Liberty Memorial Association.
(2) Period of appointment.--Each member shall be appointed
for the life of the Commission.
(3) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(4) Initial meeting.--
(A) In general.--Not later than 30 days after the
date on which all members of the Commission have been
appointed, the Commission shall hold its first meeting.
(B) Location.--The location for the meeting held
under subparagraph (A) shall be the America's National
World War I Museum.
(5) Meetings.--
(A) In general.--The Commission shall meet at the
call of the Chair.
(B) Frequency.--The Chair shall call a meeting of
the members of the Commission not less frequently than
once each year.
(C) Location.--Not less frequently than once each
year, the Commission shall meet at the America's
National World War I Museum.
(6) Quorum.--Thirteen members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(7) Chair and vice chair.--The Commission shall select a
Chair and Vice Chair from among its members.
SEC. 5. DUTIES.
(a) In General.--The duties of the Commission are as follows:
(1) To plan, develop, and execute programs, projects, and
activities to commemorate the centennial of World War I.
(2) To encourage private organizations and State and local
governments to organize and participate in activities
commemorating the centennial of World War I.
(3) To facilitate and coordinate activities throughout the
United States relating to the centennial of World War I.
(4) To serve as a clearinghouse for the collection and
dissemination of information about events and plans for the
centennial of World War I.
(5) To develop recommendations for Congress and the
President for commemorating the centennial of World War I.
(b) Reports.--
(1) Periodic report.--Beginning not later than the last day
of the 3-month period beginning on the date described in
section 10 and the last day of each 3-month period thereafter,
the Commission shall submit to Congress and the President a
report on the activities and plans of the Commission.
(2) Recommendations.--Not later than 2 years after the date
described in section 10, the Commission shall submit to
Congress and the President a report containing specific
recommendations for commemorating the centennial of World War I
and coordinating related activities.
SEC. 6. 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 appropriate to carry out the
purposes of this Act.
(b) Powers of Member and Agents.--If authorized by the Commission,
any member or agent of the Commission may take any action which the
Commission is authorized to take under this Act.
(c) Information From Federal Agencies.--The Commission shall secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon the request of the Chair of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of the General Services Administration
shall provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to carry
out its responsibilities under this Act.
(e) Contract Authority.--
(1) In general.--Except as provided in paragraph (2), the
Commission is authorized--
(A) to procure supplies, services, and property;
and
(B) to make or enter into contracts, leases, or
other legal agreements.
(2) Limitation.--The Commission may not enter into any
contract, lease, or other legal agreement that extends beyond
the date of the termination of the Commission under section
8(a).
(f) 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.
(g) Gifts, Bequests, and Devises.--
(1) Acceptance by commission.--The Commission may accept,
use, and dispose of gifts, bequests, or devises of services or
property, both real and personal, for the purpose of aiding or
facilitating the work of the Commission.
(2) Deposit and availability.--Gifts, bequests, or devises
of money and proceeds from sales of other property received as
gifts, bequests, or devises shall de deposited in the Treasury
of the United States and shall be available for disbursement
upon order of the Commission.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Commission shall serve
without compensation for such service.
(b) Travel Expenses.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, in
accordance with the applicable provisions of title 5, United States
Code.
(c) Staff.--
(1) In general.--The Chair of the Commission shall, in
consultation with the members of the Commission, appoint an
executive director and such other additional personnel as may
be necessary to enable the Commission to perform its duties.
(2) Compensation.--
(A) In general.--Subject to subparagraph (B), the
Chair of the Commission may fix the compensation of the
executive director and any other personnel appointed
under paragraph (1).
(B) Limitation.--The Chair of the Commission may
not fix the compensation of the executive director or
other personnel appointed under paragraph (1) at a rate
that exceeds the rate of payable for level IV of the
Executive Schedule under section 5315 of title 5,
United States Code.
(C) Work location.--If the city government for
Kansas City, Missouri, and the Liberty Memorial
Association make space available in the building in
which the America's National World War I Museum is
located, the executive director of the Commission and
other personnel appointed under paragraph (1) shall
work in such building to the extent practical.
(d) Detail of Government Employees.--Upon request of the
Commission, the head of any Federal department or agency may detail, on
a reimbursable basis, any employee of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
(e) Procurement of Temporary and Intermittent Services.--The Chair
of the Commission may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
SEC. 8. TERMINATION OF THE COMMISSION.
(a) In General.--The Commission shall terminate on the earlier of--
(1) the date that is 30 days after the date of the
completion of the activities under this Act honoring the
centennial observation of World War I; or
(2) July 28, 2019.
(b) Application of Federal Advisory Committee Act.--
(1) In general.--Except as provided in paragraph (2), the
provisions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the activities of the Commission under
this Act.
(2) Exception.--Section 14(a)(2) of such Act shall not
apply to the Commission.
SEC. 9. DESIGNATION OF NATIONAL WORLD WAR I MEMORIALS.
(a) Designation of the National World War I Museum and Memorial,
Missouri.--
(1) In general.--The Liberty Memorial of Kansas City at the
America's National World War I Museum in Kansas City, Missouri,
is designated as the ``National World War I Museum and
Memorial''.
(2) Ceremonies.--The Commission may plan, develop, and
execute ceremonies to rededicate the Liberty Memorial of Kansas
City as the National World War I Museum and Memorial.
(b) Designation of the District of Columbia and National World War
I Memorial.--
(1) Designation.--The District of Columbia War Memorial in
Washington, DC, is designated as the ``District of Columbia and
National World War I Memorial''.
(2) Ceremonies.--The Commission may plan, develop, and
execute ceremonies to rededicate the District of Columbia War
Memorial as the District of Columbia and National World War I
Memorial.
(3) Authority to establish commemorative work.--
(A) In general.--The World War I Memorial
Foundation may establish a commemorative work at the
site of the District of Columbia and National World War
I Memorial consisting of an appropriate sculptural or
other commemorative element reflecting the national
character of the memorial.
(B) Requirements.--Any commemorative work
established under subparagraph (A) shall complement and
preserve the memorial (including the landscape of the
memorial), as in existence on the date of enactment of
this Act.
(4) Compliance with standards for commemorative works;
location of memorial.--
(A) In general.--Subject to subparagraph (B), the
rededication of the District of Columbia and National
World War I Memorial shall be in accordance with
chapter 89 of title 40, United States Code.
(B) Congressional finding.--Congress finds that
because this Act authorizes the rededication and
related enhancement of a commemorative work that, as of
the date of enactment of this Act, is in existence and
is sited within the Reserve (as defined in section
8902(a)(3) of title 40, United States Code), the
provisions regarding site approval and location of
commemorative works under sections 8905 and 8908(c) of
title 40, United States Code, do not apply to this Act.
(5) Deposit of excess funds.--The World War I Memorial
Foundation shall transmit to the Secretary of the Treasury for
deposit in the account provided for in section 8906(b)(3) of
title 40, United States Code--
(A) any funds that remain after payment of all
expenses incurred in the rededication of the memorial
(including payment of the amount for maintenance and
preservation required under section 8906(b) of that
title); or
(B) any funds that remain for the commemorative
work authorized under subsection (a) on expiration of
the authority for the commemorative work under section
8903(e) of that title.
SEC. 10. EFFECTIVE DATE.
This Act takes effect on the date that is 90 days after the date of
enactment of this Act. | Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans; and (5) develop commemoration recommendations for Congress and the President.
Designates: (1) the Liberty Memorial of Kansas City in Kansas City, Missouri, as the National World War I Museum and Memorial; and (2) the District of Columbia War Memorial in Washington, D.C., as the District of Columbia and National World War I Memorial (Memorial).
Authorizes the World War I Memorial Foundation to establish a commemorative work at the Memorial Site. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rent-To-Own Consumer Credit
Protection Act of 1993''.
SEC. 2. RENT-TO-OWN PROTECTION ACT.
The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is
amended by adding at the end the following new title:
``TITLE X--RENT-TO-OWN TRANSACTIONS
``Sec.
``1001. Short title.
``1002. Findings and purposes.
``1003. Definitions.
``1004. Application of State laws regarding fees, charges, guarantees,
and warranties.
``1005. Application of Federal laws.
``1006. Disclosures on goods.
``1007. Prohibitions; enforcement.
``1008. Civil liability.
``1009. Regulations.
``1010. Relationship to other laws.
``Sec. 1001. Short title
``This title may be cited as the `Rent-To-Own Consumer Credit
Protection Act'.
``Sec. 1002. Findings and purposes
``(a) Findings.--The Congress finds that--
``(1) the rent-to-own industry targets its products
primarily to low-income and minority neighborhoods;
``(2) the majority of rent-to-own customers enter into
rent-to-own contracts with the intention of owning the goods
for which they are contracting;
``(3) rent-to-own dealers often fail to disclose key terms
of rent-to-own contracts, and engage in unfair debt collection
practices; and
``(4) rent-to-own dealers do not provide customers with the
protections afforded purchasers in retail installment sales
under State and Federal laws, and often charge excessive fees
and interest rates.
``(b) Purposes.--The purposes of this title are--
``(1) to provide consumers in rent-to-own transactions the
range of protections provided under State and Federal laws to
individuals who acquire goods in other consumer credit sales;
``(2) to require rent-to-own contracts, and tags affixed to
items available for acquisition in rent-to-own transactions, to
disclose the material terms of those transactions; and
``(3) to prohibit rent-to-own dealers and collection agents
hired by such dealers from engaging in abusive collection
practices.
``Sec. 1003. Definitions
``As used in this title--
``(1) the term `cash price' means--
``(A) with respect to any item of consumer goods--
``(i) the bona fide retail price for the
item as offered for sale by a seller to a
consumer who pays the full price in one payment
before taking possession of the item, as
indicated by actual sales of such item; or
``(ii) the average cash retail price of the
item or a similar item in the community; and
``(B) with respect to a service--
``(i) the bona fide retail value of the
service if provided independently to a
consumer; or
``(ii) the estimated bona fide retail value
of the service;
``(2) the term `Commission' means the Federal Trade
Commission;
``(3) the term `consumer'--
``(A) when used as an adjective, means for use by
an individual primarily for personal, family, or
household purposes; and
``(B) when used as a noun, means an individual who
is the lessee or bailee under a rent-to-own contract;
``(4) the term `credit'--
``(A) includes the right granted by a seller to a
consumer to obtain possession of an item of consumer
goods under a rent-to-own contract before payment of
the total amount that is required to be paid to acquire
ownership of the item; and
``(B) is deemed to be a fixed sum equal to the
difference of--
``(i) the total of payments for the item
required to obtain ownership of the item under
the contract; minus
``(ii) the sum of--
``(I) the cash price;
``(II) any fees specifically
allowable under State law, except
finance charges, interest, or a time
price differential; and
``(III) the termination fee under
section 1004;
``(5) the term `organization' means a corporation, trust,
estate, partnership, cooperative, or association;
``(6) the term `person' means a natural person or an
organization;
``(7) the term `rent-to-own contract' means a contract in
the form of a terminable lease or bailment of an item of
consumer goods, under which--
``(A) the consumer--
``(i) has the right of possession and use
of the item; and
``(ii) has the option to renew the contract
periodically by making payments specified in
the contract; and
``(B) the seller agrees, orally or in writing, to
transfer ownership of the item to the consumer upon the
fulfillment of all obligations of the consumer under
the contract for that transfer;
``(8) the term `rent-to-own transaction' means the lease or
bailment of an item of consumer goods under a rent-to-own
contract;
``(9) the term `seller' means--
``(A) a person--
``(i) who regularly makes consumer goods
available under rent-to-own contracts; and
``(ii) to whom payments are payable under
those contracts; and
``(B) an assignee of such a person; and
``(10) the term `State' means any State, the Commonwealth
of Puerto Rico, the District of Columbia, and any territory or
possession of the United States.
``Sec. 1004. Application of State laws regarding fees, charges,
guarantees, and warranties
``(a) In General.--Subject to subsection (b), a seller in a rent-
to-own transaction may not take, receive, or assess any interest,
finance charge, or other fee for the transaction that is in excess of
the interest, fees, or finance charges that may be charged under the
laws of the State in which the seller is located that--
``(1) establish a maximum rate or amount of interest,
finance charge, or time-price differential that may be charged
in connection with a credit sale or retail installment sale;
``(2) establish the types of fees and the maximum amount of
fees that a seller may charge in connection with a credit sale
or retail installment sale; or
``(3) establish the types of credit insurance and the
maximum amount of premiums that may be charged for credit
insurance in connection with a credit sale or a retail
installment sale.
``(b) Additional Termination Charges and Fees.--
``(1) Charges and fees authorized.--In addition to charges
and fees authorized under subsection (a), a seller in a rent-
to-own transaction may charge--
``(A) a termination fee in accordance with
paragraph (2), if in exchange the consumer is given the
right to terminate the rent-to-own contract for the
transaction at any time without regard to whether the
consumer has completed payment of the fee; and
``(B) reasonable fees for recovery of the items
that are the subject of the contract and that are not
voluntarily returned to the seller upon the completion
or termination of the contract.
``(2) Termination fee.--A termination fee under paragraph
(1)(A)--
``(A) shall not exceed 5 percent of the cash price
disclosed under the contract;
``(B) shall be disclosed in the contract; and
``(C) may be paid at the time the contract is
entered into or over the life of the contract; and
``(D) shall be calculated as part of the finance
charge determined under section 106 of the Truth in
Lending Act.
``(3) Recovery fees.--A recovery fee under paragraph (1)(B)
shall be disclosed in the contract.
``(4) Effect of termination.--The termination of a rent-to-
own contract by a consumer in accordance with a right of
termination given to the consumer in exchange for a termination
fee under subsection (a)(1) shall be deemed to satisfy the
consumer's obligations for all payments and fees due under the
contract, except for payments and fees under the contract that
were due prior to the date of termination.
``(c) Guarantees and Warranties.--All guarantees and warranties
established or required under the laws of a State for goods sold
pursuant to a consumer credit sale or retail installment sale shall
apply to goods that are the subject of a rent-to-own transaction in the
State.
``Sec. 1005. Application of Federal laws
``The following Federal laws apply to a rent-to-own transaction, as
follows:
``(1) Truth in lending act.--The Truth in Lending Act
applies as it applies to consumer credit transactions other
than consumer credit transactions under an open end credit
plan.
``(2) Equal credit opportunity act.--The Equal Credit
Opportunity Act applies as it applies to credit transactions.
For purposes of this application--
``(A) a consumer shall be treated as an applicant;
and
``(B) a seller shall be treated as a creditor.
``(3) Fair debt collection practices act.--The Fair Debt
Collection Practices Act applies to the collection of overdue
payments arising from a rent-to-own transaction, unless the
payments are collected by any person specified in subparagraphs
(A) through (F) of section 803(6) of such Act. For purposes of
this application, overdue payments shall be treated as debt.
``(4) Fair credit reporting act.--The Fair Credit Reporting
Act applies as it applies to a credit transaction and to any
extension or denial of credit.
``Sec. 1006. Disclosures on goods
``A seller shall include on each item in the place of business of
the seller that is available for purchase pursuant to a rent-to-own
transaction--
``(1) the cash price of the item;
``(2) an itemization of services offered under a rent-to-
own contract for the item, and the cash price of each service;
``(3) the annual percentage rate of the item under a rent-
to-own contract, determined under section 107 of the Truth in
Lending Act;
``(4) the weekly, biweekly, monthly, or other incremental
payment applicable under the rent-to-own contract for the
transaction and the number of payments;
``(5) the total of payments required to be paid to acquire
ownership of the item under a rent-to-own contract for the
transaction, determined under regulations under the Truth in
Lending Act; and
``(6) specification of whether the item is new or used.
``Sec. 1007. Prohibitions; enforcement
``(a) Prohibitions.--A person who is a seller under a rent-to-own
contract with a consumer shall not--
``(1) threaten or invoke criminal prosecution of a consumer
for any matter related to the contract, unless there is clear
and convincing evidence that the goods that are the subject of
the contract are being held by the consumer with an intent to
defraud the seller;
``(2) use threats or coercion to collect or attempt to
collect any amounts alleged to be due from the consumer;
``(3) engage in any conduct, the natural consequence of
which is to oppress, harass, or abuse any person in connection
with an attempt to collect amounts owed by the consumer under
the contract;
``(4) unreasonably publicize information to third parties
regarding amounts owed by the consumer;
``(5) make any fraudulent, deceptive, or misleading
representation to obtain information about the consumer or to
collect amounts owed by the consumer;
``(6) use any unconscionable means to collect or attempt to
collect a debt owed to the seller;
``(7) engage in any act or practice that is unfair or
deceptive in making, servicing, or collecting payment pursuant
to a rent-to-own contract;
``(8) advertise, announce, solicit, or otherwise represent
as free or available without charge (including by use of other
words of similar meaning) any service under the contract for
which the seller charges the consumer, including any service
for which a charge is collected by inclusion in the amount
required to be paid under the contract;
``(9) use, for purposes of complying with any State or
Federal law governing rent-to-own transactions (other than a
State or Federal tax law) any definition of the term `cash
price' other than the definition under section 1003(2); or
``(10) attempt to evade the provisions of this title by any
devise or subterfuge.
``(b) Enforcement.--
``(1) In general.--Compliance with the requirements under
this title shall be enforced by the Commission. All functions
and powers of the Commission under the Federal Trade Commission
Act shall be available to the Commission to enforce compliance
with this title by any person, irrespective of whether the
person is engaged in commerce or meets any other jurisdictional
tests in the Federal Trade Commission Act, including the power
to enforce the provisions of this title in the same manner as
if the violation had been a violation of a Commission trade
regulation rule.
``(2) Treatment of violations.--For the purpose of the
exercise by the Commission of its functions and powers under
the Federal Trade Commission Act, a violation of any
requirement or prohibition under this title is deemed to be an
unfair or deceptive act or practice in commerce in violation of
that Act.
``Sec. 1008. Civil liability
``(a) Liability for Failure to Properly Disclose Terms.--A seller
who fails to comply with a requirement under section 1006 shall be
liable to the consumer in an amount equal to the sum of--
``(1) actual damages sustained by the consumer as a result
of the failure;
``(2) $500 for each failure; and
``(3) all costs of the action and reasonable attorney fees,
as determined by the court.
``(b) Other Liability.--A seller who violates this title or fails
to comply with any requirement imposed under this title, other than
under section 1005, shall be liable to the consumer in an amount equal
to the sum of--
``(1) actual damages sustained by the consumer as a result
of the violation;
``(2) $5,000 for each violation; and
``(3) all costs of the action and reasonable attorney fees,
as determined by the court.
``(c) Jurisdiction; Limitation.--
``(1) In general.--An action under this title may be
brought in any United States district court or in any other
court of competent jurisdiction, not later than 2 years after
the date of the violation or failure that is the subject of the
action.
``(2) Other actions.--The 2-year statute of limitations in
paragraph (1) shall not prohibit any person from asserting a
violation of this title as a defense in an action to collect
amounts alleged to be due from such person, if such action is
brought more than 2 years after the date of the occurrence of
the violation.
``(d) Remedies.--Nothing in this title shall be construed to limit
any remedy otherwise available under State or Federal law.
``Sec. 1009. Regulations
``Not later than 6 months after the date of enactment of this
title, the Commission shall issue such regulations as may be necessary
to implement this title.
``Sec. 1010. Relationship to other laws
``(a) State Law.--This title does not annul, alter, affect, or
exempt any person subject to the provisions of this title from
complying with the laws of any State with respect to rent-to-own
transactions, except to the extent that such laws are inconsistent with
any provision of this title, and then only to the extent of the
inconsistency.
``(b) Consumer Lease Provisions of Truth in Lending Act.--Chapter 5
of the Truth in Lending Act, relating to consumer leases, shall not
apply to a rent-to-own transaction to the extent application of that
Act to the transaction is inconsistent with this title.''.
SEC. 3. RECOMMENDATIONS TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, the
Federal Trade Commission shall submit to the Congress any
recommendations for further legislative or administrative action with
respect to the regulation of rent-to-own transactions.
SEC. 4. EFFECTIVE DATE.
The provisions of this Act and the amendments made by this Act
shall take effect on the date of enactment of this Act.
S 1566 IS----2 | Rent-To-Own Consumer Credit Protection Act of 1993 - Amends the Consumer Credit Protection Act to prohibit a seller in a rent-to-own transaction from taking, receiving, or assessing any interest, finance charge, or other fee for the transaction in excess of that which may be charged under State law which establishes in connection with a credit or retail installment sale for the same or a similar item: (1) a maximum rate or amount of interest, finance charge, or time-price differential that may be charged; (2) the types and maximum amount of fees that a seller may charge; or (3) the types of credit insurance and the maximum amount of premiums that can be charged for credit insurance.
Sets forth requirements regarding: (1) termination, recovery, and other fees; (2) the effect of termination; and (3) guarantees and warranties.
Makes the following Federal laws applicable to rent-to-own transactions: (1) the Truth in Lending Act; (2) the Equal Credit Opportunity Act; (3) the Fair Debt Collection Practices Act; and (4) the Fair Credit Reporting Act.
Requires a seller to include the following information on each item in the seller's place of business that is available for purchase pursuant to a rent-to-own transaction: (1) the cash price; (2) an itemization of services offered and the price of each service; (3) the annual percentage rate; (4) any applicable periodic payment and the number of payments; (5) the total number of payments required to acquire ownership; and (6) whether the item is new or used. Requires a seller to provide such information to a consumer in writing at the time the parties enter into the contract.
Prohibits a seller under a rent-to-own contract with a consumer from taking specified actions, such as using threats or coercion to collect amounts alleged due, or unreasonably disclosing information to third parties regarding amounts owed by the consumer.
Makes compliance with the requirements of this Act enforceable by the Federal Trade Commission. Deems a violation of this Act to be an unfair or deceptive act or practice in violation of the Federal Trade Commission Act.
Subjects sellers who violate the requirements of this Act to civil liability. | [
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SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Worker Adjustment
and Retraining Notification Amendments Act''.
(b) Reference.--Except as specifically provided otherwise, 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
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
SEC. 2. DEFINITIONS.
(a) Employer, Plant Closing, and Mass Layoff.--Paragraphs (1)
through (3) of section 2(a) (29 U.S.C. 2101(a)(1)-(3)) are amended to
read as follows:
``(1) the term `employer' means any business enterprise
that employs 50 or more employees;
``(2) the term `plant closing' means--
``(A) the permanent or temporary shutdown of a
single site of employment, or of one or more facilities
or operating units within a single site of employment,
which results in an employment loss at such site,
during any 30-day period, for 25 or more employees; or
``(B) the permanent or temporary shutdown of one or
more sites of employment, or of one or more facilities
or operating units within such sites, which results in
an employment loss, during any 30-day period, for 100
or more employees.
``(3) the term `mass layoff' means--
``(A) a reduction in force at a single site of
employment which results in an employment loss at such
site, during any 30-day period, for 25 or more
employees; or
``(B) a reduction in force which results in an
employment loss, during any 30-day period, for 100 or
more employees.''.
(b) Conforming Amendments.--
(1) Notice.--Section 3(d) (29 U.S.C. 2102(d)) is amended by
striking out ``, each of which is less than the minimum number
of employees specified in section 2(a) (2) or (3) but which in
the aggregate exceed that minimum number,'' and inserting in
lieu thereof ``which in the aggregate exceed the minimum number
of employees specified in section 2(a) (2) or (3)''.
(2) Definitions.--Section 2(b)(1) (29 U.S.C. 2101(b)(1)) is
amended by striking ``(other than a part-time employee)''.
(c) Secretary of Labor.--
(1) Definition.--Paragraph (8) of section 2(a) (29 U.S.C.
2101(a)(8)) is amended to read as follows:
``(8) the term `Secretary' means the Secretary of Labor or
a representative of the Secretary of Labor.''.
(2) Regulations.--Section 8(a) (29 U.S.C. 2107(a)) is
amended by striking ``of Labor''.
SEC. 3. NOTICE.
(a) Period.--Section 3 (29 U.S.C. 2102) is amended--
(1) in subsection (a), by striking ``a 60-day period
after'' and inserting ``the applicable notice period required
after'';
(2) in subsection (b), by striking ``60-day period'' each
place such term appears and inserting ``notice period'';
(3) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(4) by inserting after subsection (a), the following new
subsection:
``(b) Notice Period.--As used in this section, the term `notice
period' means--
``(1) in the case of a plant closing or mass layoff which
results in an employment loss for at least 25 but not more than
49 employees, 30 days;
``(2) in the case of a plant closing or mass layoff which
results in an employment loss for at least 50 but not more than
99 employees, 60 days; and
``(3) in the case of a plant closing or mass layoff which
results in an employment loss for at least 100 employees, 90
days.''.
(b) Conforming Amendment.--Section 5(a)(1) (29 U.S.C. 2104(a)(1))
is amended in the matter following subparagraph (B), by striking ``60
days'' and inserting ``the applicable notice period''.
(c) Recipient.--Section 3(a)(1) (29 U.S.C. 2102(a)(1)) is amended
by striking ``or, if there is no such representative at that time, to
each affected employee'' and inserting ``and to each affected
employee''.
SEC. 4. ENFORCEMENT.
(a) Amount.--Section 5(a)(1) (29 U.S.C. 2104(a)(1)) is amended--
(1) in subparagraph (A)(ii), by striking ``and'' at the end
thereof;
(2) by redesignating subparagraph (B) as subparagraph (D);
and
(3) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) interest on the amount described in subparagraph (A)
calculated at the prevailing rate;
``(C) an additional amount as liquidated damages equal to
the sum of the amount described in subparagraph (A) and the
interest described in subparagraph (B); and''.
(b) Exemption.--Section 5(a)(4) (29 U.S.C. 2104(a)(4)) is amended
by striking ``reduce the amount of the liability or penalty provided
for in this section'' and inserting ``reduce the amount of the
liability under subparagraph (C) of paragraph (1) and reduce the amount
of the penalty provided for in paragraph (3)''.
(c) Administrative Complaint.--Section 5(a)(5) (29 U.S.C.
2104(a)(5)) is amended--
(1) by striking ``may sue,'' and inserting ``may,'';
(2) by inserting after ``both,'' the following: ``(A) file
a complaint with the Secretary alleging a violation of section
3, or (B) bring suit''; and
(3) by adding at the end thereof the following new
sentence: ``A person seeking to enforce such liability may use
one or both of the enforcement mechanisms described in
subparagraphs (A) and (B).''.
(d) Action by the Secretary.--Section 5 (29 U.S.C. 2104) is
amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) by inserting after subsection (a) the following new
subsections:
``(b) Action by the Secretary.--
``(1) Administrative action.--The Secretary shall receive,
investigate, and attempt to resolve complaints of violations of
section 3 by an employer in the same manner that the Secretary
receives, investigates, and attempts to resolve complaints of
violations of sections 6 and 7 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206 and 207).
``(2) Subpoena powers.--For the purposes of any
investigation provided for in this section, the Secretary shall
have the subpoena authority provided for under section 9 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 209).
``(3) Civil action.--The Secretary may bring an action in
any court of competent jurisdiction to recover on behalf of an
employee the back pay, interest, benefits, and liquidated
damages described in subsection (a)(1).
``(4) Sums recovered.--Any sums recovered by the Secretary
on behalf of an employee under subparagraphs (A), (B), and (D)
of section 5(a)(1) shall be held in a special deposit account
and shall be paid, on order of the Secretary, directly to each
employee affected. Any such sums not paid to an employee
because of inability to do so within a period of 3 years, and
any sums recovered by the Secretary under subparagraph (C) of
section 5(a)(1), shall be credited as an offsetting collection
to the appropriations account of the Secretary of Labor for
expenses for the administration of this Act and shall remain
available to the Secretary until expended.
``(5) Action to compel relief by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, over an action brought by the Secretary to restrain the
withholding of payment of back pay, interest, benefits, or
other compensation, plus interest, found by the court to be due
to employees under this Act.
``(c) Limitations Period.--
``(1) In general.--An action may be brought under this
section not later than 2 years after the date of the last event
constituting the alleged violation for which the action is
brought.
``(2) Commencement.--In determining when an action is
commenced under this section for the purposes of paragraph (1),
it shall be considered to be commenced on the date on which the
complaint is filed.''.
SEC. 5. POSTING OF NOTICES; PENALTIES.
The Act (29 U.S.C. 2101 et seq.) is amended by adding at the end
thereof the following new section:
``SEC. 11. POSTING OF NOTICES; PENALTIES.
``(a) Posting of Notices.--Each employer shall post and keep posted
in conspicuous places upon its premises where notices to employees are
customarily posted a notice to be prepared or approved by the Secretary
of Labor setting forth excerpts from, or summaries of, the pertinent
provisions of this chapter and information pertinent to the filing of a
complaint.
``(b) Penalties.--A willful violation of this section shall be
punishable by a fine of not more than $100 for each separate
offense.''.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date of the enactment of this Act. | Worker Adjustment and Retraining Notification Amendments Act - Amends the Worker Adjustment and Retraining Act to cover employers of 50 or more employees (currently 100).
Covers single-site plant closings or mass layoffs affecting 25 or more employees (currently 500 or more, or 50 or more if this comprises one-third of the workers at the site).
Eliminates the single-site requirement for plant closings or mass layoffs affecting 100 or more employees, thus covering such closings or layoffs by one employer regardless of the number of sites involved.
Specifies that the 90-day aggregate rule covers all related layoffs within that period, whether or not they are each above or below the threshold levels.
Extends coverage to part-time employees.
(Sec. 3) Revises the notice period based on the number of employees affected: (1) 25-49, 30 days; (2) 50-99, 60 days; and (3) 100 or more, 90 days. (The current period is 60 days.)
Requires employer notice to each affected employee (as well as to the employee representative, if there is one).
(Sec. 4) Revises and adds enforcement requirements.
Adds to employer liability for violations: (1) interest on back pay owed; and (2) an additional amount as liquidated damages equal to the back pay and interest.
Limits a good faith exemption to reduction of liability for interest and for a civil penalty.
Allows aggrieved employees to enforce employer liability by bringing suit and/or filing a complaint with the Secretary of Labor. Directs the Secretary to investigate and resolve such complaints. Authorizes the Secretary to bring civil actions on behalf of the employee for back pay, interest, benefits, and liquidated damages.
Establishes a two-year statute of limitations.
(Sec. 5) Requires employers to post notices to employees of pertinent provisions of the Act and information on filing complaints. Establishes fines for willful violations of such posting requirement. | [
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SECTION 1. TABLE OF CONTENTS.
(a) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--VETERANS HEALTH-CARE IMPROVEMENTS
Sec. 101. Care for newborn children of enrolled women veterans.
Sec. 102. Outpatient dental care for all former prisoners of war.
Sec. 103. Pay comparability for Director, Nursing Service.
TITLE II--VETERANS' BENEFIT PROGRAMS
Sec. 201. Limitation on provision of certain benefits.
Sec. 202. Clarification of procedures regarding disqualification of
certain individuals for memorialization in
veterans cemeteries.
Sec. 203. Clarification of the period for appealing rulings of the
Board of Veterans' Appeals.
TITLE III--VA PROGRAM ADMINISTRATION IMPROVEMENTS
Sec. 301. Repeal of cap on number of non-career members of senior
executive service serving in VA.
Sec. 302. Repeal of preceding-service requirement for VA Deputy
Assistant Secretaries.
Sec. 303. Revolving supply fund amendments.
Sec. 304. Redefinition of ``minority group member'' in 38 U.S.C.
Sec. 544(d).
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment is expressed in terms of an amendment to a section or other
provision, the reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I--VETERANS HEALTH-CARE IMPROVEMENTS
SEC. 101. CARE FOR NEWBORN CHILDREN OF ENROLLED WOMEN VETERANS.
Section 1701 is amended:
(1) in subsection (6),
(A) by striking out ``and'' at the end of paragraph
(A);
(B) by adding ``and'' at the end of paragraph (B);
and
(C) by adding at the end the following new
paragraph:
``(C) care for newborn children.''; and
(2) by adding at the end the following new subsection:
``(11) The term ``care for newborn children'' means
care provided to an infant of a woman veteran enrolled
in the VA health care system. Such care may be provided
until the mother is discharged from the hospital after
delivery of the child or for 14 days after the date of
birth of the child, whichever period is shorter, and
only if the Department contracted for the delivery of
the child.''.
SEC. 102. OUTPATIENT DENTAL CARE FOR ALL FORMER PRISONERS OF WAR.
Section 1712(a)(1)(F) is amended by striking out ``for a period of
not less than 90 days''.
SEC. 103. PAY COMPARABILITY FOR DIRECTOR, NURSING SERVICE.
(a) Section 7306(a)(5) is amended by adding at the end thereof,
``The position shall be exempt from the provisions of section 7451 of
this title and shall be paid at the maximum rate payable to a Senior
Executive Service employee under 5 U.S.C. Sec. Sec. 5304(g) and
5382.''.
(b) Section 7404 (d) is amended by deleting ``section'' the first
time it appears and inserting in its place ``sections 7306(a)(5) and''.
TITLE II--VETERANS' BENEFIT PROGRAMS
SEC. 201. LIMITATION ON PROVISION OF CERTAIN BENEFITS.
(a) Prohibitions.--(1) Section 112 is amended by adding at the end
the following new subsection:
``(c) A certificate shall not be furnished under this program on
behalf of a deceased veteran described in section 2411(b) of this
title.''.
(2) Section 2301 is amended by adding at the end the following new
subsection:
``(f) A flag shall not be furnished under this section on behalf of
a deceased veteran described in section 2411(b) of this title.''.
(3) Section 2306 is amended by adding at the end the following new
subsection:
``(f)(1) A headstone or marker shall not be furnished under
subsection (a) for the unmarked grave of an individual described in
section 2411(b) of this title.
``(2) A memorial headstone or marker shall not be furnished under
subsection (b) for the purpose of commemorating an individual described
in section 2411(b) of this title.''.
(b) Effective Date.--The amendments made by this section shall
apply to deaths occurring on or after the date of its enactment.
SEC. 202. CLARIFICATION OF PROCEDURES REGARDING DISQUALIFICATION OF
CERTAIN INDIVIDUALS FOR MEMORIALIZATION IN VETERANS
CEMETERIES.
Section 2411(a)(2) is amended--
(1) by striking ``The prohibition'' and inserting ``In the
case of a person described in subsection (b)(1) or (b)(2), the
prohibition''; and
(2) by striking ``or finding under subsection (b)'' and
inserting ``referred to in subsection (b)(1) or (b)(2),
respectively''.
SEC. 203. CLARIFICATION OF THE PERIOD FOR APPEALING ULINGS OF THE BOARD
OF VETERANS APPEALS.
(a) Clarification.--Paragraph (1) of section 7266(a) is amended by
striking ``notice of the decision is mailed pursuant to section 7104(e)
of this title'' and inserting ``a copy of the decision, pursuant to
section 7104(e) of this title, is mailed or sent to the claimant's
representative or, if the claimant is not represented, mailed to the
claimant''.
(b) Effective Date.--The amendments made by subsection (a) apply to
Board of Veterans' Appeals decisions made on or after the date of
enactment of this Act.
TITLE III--VA PROGRAM ADMINISTRATION IMPROVEMENTS
SEC. 301. REPEAL OF CAP ON NUMBER OF NON-CAREER MEMBERS OF SENIOR
EXECUTIVE SERVICE SERVING IN VA.
(a) Section 709(a) is repealed.
(b) Section 709 is amended by re-designating subsections (b) and
(c) as subsections (a) and (b), respectively.
SEC. 302. REPEAL OF PRECEDING-SERVICE REQUIREMENT FOR VA DEPUTY
ASSISTANT SECRETARIES.
(a) Section 308(d)(2) is repealed.
(b) Section 308 is amended by deleting ``(1)'' from subsection (d).
SEC. 303. REVOLVING SUPPLY FUND AMENDMENTS.
Section 8121(a) is amended--
(1) by adding ``and for medical supplies, equipment, and
services for the Department of Defense'' after ``Department'';
(2) in paragraph (2), by adding ``of the Department and the
Department of Defense'' after ``appropriations''; and
(3) in paragraph (3), by adding ``of the Department and the
Department of Defense'' after ``appropriations''.
SEC. 304. REDEFINITION OF ``MINORITY GROUP MEMBER'' IN 38 U.S.C.
Sec. 544(D).
Section 544(d) is amended to read as follows:
``(d) In this section, the term `minority group member' means an
individual who is--
``(1) American Indian or Alaska Native;
``(2) Asian;
``(3) African American;
``(4) Native Hawaiian or other Pacific Islander; or
``(5) Hispanic, Spanish, or Latino.''. | Revises Federal veterans' programs to: (1) include care for newborn children among medical services provided under the Department of Veterans Affairs health care program for an enrolled woman veteran; (2) require outpatient dental care for all former prisoners of war (currently, only those interned for at least 90 days); (3) set the pay for the Director of Nursing Service at the maximum rate payable to a Senior Executive Service member; (4) prohibit a veteran's honorable service certificate from being awarded on behalf of a veteran convicted of a Federal or State crime; (5) repeal a limitation on the number of non-career members serving in the Department; (6) repeal a requirement for at least five years of continuous Federal service prior to appointment as a Department Deputy Assistant Secretary; (7) allow the Department's operation and maintenance revolving supply fund to be used for medical supplies, equipment, and services for the Department of Defense; and (8) include Spanish or Latino individuals under the definition of a "minority group member" for purposes of the Department's Advisory Committee on Minority Veterans. | [
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SECTION 1. AMENDMENT OF THE BRADY HANDGUN VIOLENCE PREVENTION ACT.
(a) Section 922 of Title 18, United States Code.--Section 922 of
title 18, United States Code, as added by the Brady Handgun Violence
Prevention Act, is amended--
(1) in subsection (s)(1) by striking ``ending on the day
before the date that is 60 months after such date of
enactment,'' and inserting ``ending either on the day before
the date that is 48 months after such date of enactment, unless
the Attorney General extends the date by 12 additional months,
or on the day that the Attorney General notifies the licensees
under section 103(e)(1) of the Brady Handgun Violence
Prevention Act, whichever occurs earlier,''; and
(2) by amending subsection (t) to read as follows:
``(t)(1) Beginning on the date that is 30 days after the Attorney
General notifies licensees under section 103(e)(1) of the Brady Handgun
Violence Prevention Act that the national instant criminal background
check system is established, and upon notification by the Attorney
General to licensees that the system is operational and capable of
supplying information immediately (during which 30-day period
subsection (s) shall remain in effect), a licensed importer, licensed
manufacturer, or licensed dealer shall not transfer a firearm to any
other person who is not licensed under this chapter, unless--
``(A) before the completion of the transfer, the licensee
contacts the national instant criminal background check system
established under section 103 of that Act;
``(B)(i) the system provides the licensee with a unique
identification number; or
``(ii) 3 business days (meaning a day on which State
offices are open) have elapsed since the licensee contacted the
system, and the system has not notified the licensee that the
receipt of a firearm by such other person would violate
subsection (g) or (n) of this section or State law; and
``(C) the transferor has verified the identity of the
transferee by examining a valid identification document (as
defined in section 1028(d)(1) of this title) of the transferee
containing a photograph of the transferee.
``(2) If receipt of a firearm would not violate section 922 (g) or
(n) or State law, the system shall immediately
``(A) assign a unique identification number to the
transfer;
``(B) provide the licensee with the number; and
``(C) destroy all records of the system with respect to the
call (other than the identifying number and the date the number
was assigned) and all records of the system relating to the
person or the transfer.
``(3) Paragraph (1) shall not apply to a firearm transfer between a
licensee and another person if--
``(A)(i) such other person has presented to the licensee a
permit that--
``(I) allows such other person to possess, acquire,
or carry a firearm; and
``(II) was issued not more than 5 years earlier by
the State in which the transfer is to take place; and
``(ii) the law of the State provides that such a permit is
to be issued only after an authorized government official has
verified that the information available to such official does
not indicate that possession of a firearm by such other person
would be in violation of law;
``(B) the Secretary has approved the transfer under section
5812 of the Internal Revenue Code of 1986; or
``(C) on application of the transferor, the Secretary has
certified that compliance with paragraph (1)(A) is
impracticable because--
``(i) the ratio of the number of law enforcement
officers of the State in which the transfer is to occur
to the number of square miles of land area of the State
does not exceed 0.0025;
``(ii) the business premises of the licensee at
which the transfer is to occur are extremely remote in
relation to the chief law enforcement officer (as
defined in subsection (s)(8)); and
``(iii) there is an absence of telecommunications
facilities in the geographical area in which the
business premises are located.
``(4) If the national instant criminal background check system
notifies the licensee that the information available to the system does
not demonstrate that the receipt of a firearm by such other person
would violate subsection (g) or (n) or State law, and the licensee
transfers a firearm to such other person, the licensee shall include in
the record of the transfer the unique identification number provided by
the system with respect to the transfer.
``(5) If the licensee knowingly transfers a firearm to such other
person and knowingly fails to comply with paragraph (1) of this
subsection with respect to the transfer and, at the time such other
person most recently proposed the transfer, the national instant
criminal background check system was operating and information was
available to the system demonstrating that receipt of a firearm by such
other person would violate subsection (g) or (n) of this section or
State law, the Secretary may, after notice and opportunity for a
hearing, suspend for not more than 6 months or revoke any license
issued to the licensee under section 923, and may impose on the
licensee a civil fine of not more than $5,000.
``(6) Neither a local government nor an employee of the Federal
Government or of any State or local government, responsible for
providing information to the national instant criminal background check
system shall be liable in an action at law for damages--
``(A) for failure to prevent the sale or transfer of a
firearm to a person whose receipt or possession of the firearm
is unlawful under this section; or
``(B) for preventing such a sale or transfer to a person
who may lawfully receive or possess a firearm.''.
(b) National Instant Criminal Background Check System.--Section 103
of the Brady Handgun Violence Prevention Act is amended to read as
follows:
``SEC. 103. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
``(a) Determination of Timetables.--Not later than 6 months after
the date of enactment of this Act, the Attorney General shall--
``(1) determine the type of computer hardware and software
that will be used to operate the national instant criminal
background check system and the means by which State criminal
records systems and the telephone or electric device of
licensees that will communicate with the national system;
``(2) investigate the criminal records system of each State
and determine for each State a timetable by which the State
should be able to provide criminal records on an on-line
capacity basis to the national system; and
``(3) notify each State of the determinations made pursuant
to paragraphs (1) and (2).
``(b) Establishment of System.--
``(1) Determinations.--Not later than the date that is 24
months after the date of enactment of this Act, the Attorney
General shall--
``(A) determine whether--
``(i) the equipment used to link State
criminal history records systems to the
national criminal history records system and
the equipment necessary to operate the national
instant criminal background check system are
operational; and
``(ii) any group of States that--
``(I) have at least 80 percent of
the population of the United States;
and
``(II) have reported during a 12-
month period at least 80 percent of the
number of crimes of violence reported
by all of the States during that
period,
have achieved and maintained at an average of
at least 60 percent currency of felony case
dispositions in computerized criminal history
files for all cases in which there has been an
event or activity within the last 5 years; and
``(B) if such determinations are made in the
affirmative, certify that the national system is
established.
``(2) Establishment.--The Attorney General shall establish
a national instant criminal background check system that any
licensee may contact, by telephone and by other electronic
means in addition to the telephone, for information, to be
supplied immediately, on whether receipt of a firearm by a
prospective transferee would violate section 922 of title 18,
United States Code, or State law.
``(c) Expedited Action by the Attorney General.--The Attorney
General shall expedite--
``(1) the upgrading and indexing of State criminal history
records in the Federal criminal records system maintained by
the Federal Bureau of Investigation;
``(2) the development of hardware and software systems to
link State criminal history check systems into the national
instant criminal background check system established by the
Attorney General pursuant to this section; and
``(3) the current revitalization initiatives by the Federal
Bureau of Investigation for technologically advanced
fingerprint and criminal records identification.
``(d) Notification of Licensees.--
``(1) System established.--On establishment of the system
under this section, the Attorney General shall notify each
licensee and the chief law enforcement officer of each State of
the existence and purpose of the system and the means to be
used to contact the system.
``(2) Compliance with timetable.--At any time at which the
Attorney General determines that a State is in compliance with
the timetable set for that State under section (a), the
Attorney General shall notify each licensee in the State and
the chief law enforcement officer of the State of the
determination.
``(e) Administrative Provisions.--
``(1) Authority to obtain official information.--
Notwithstanding any other law, the Attorney General may secure
directly from any department or agency of the United States
such information on persons for whom receipt of a firearm would
violate subsection (g) or (n) of section 922 of title 18,
United States Code, or State law as is necessary to enable the
system to operate in accordance with this section. On request
of the Attorney General, the head of such department or agency
shall furnish such information to the system.
``(2) Other authority.--The Attorney General shall develop
such computer software, design and obtain such
telecommunications and computer hardware, and employ such
personnel, as are necessary to establish and operate the system
in accordance with this section.
``(f) Written Reasons Provided on Request.--If the national instant
criminal background check system determines that an individual is
ineligible to receive a firearm and the individual requests the system
to provide the reasons for the determination, the system shall provide
such reasons to the individual, in writing, within 5 business days
after the date of the request.
``(g) Correction of Erroneous System Information.--A prospective
transferee may submit to the Attorney General information that to
correct, clarify, or supplement records of the system with respect to
the prospective transferee. After receipt of such information, the
Attorney General shall immediately consider the information,
investigate the matter further, and correct all erroneous Federal
records relating to the prospective transferee and give notice of the
error to any Federal department or agency or any State that was the
source of such erroneous records.
``(h) Regulations.--After 90 days' notice to the public and an
opportunity for hearing by interested parties, the Attorney General
shall prescribe regulations to ensure the privacy and security of the
information of the system established under this section.
``(i) Prohibition Relating To Establishment of Registration Systems
With Respect to Firearms.--No department, agency, officer, or employee
of the United States may--
``(1) require that any record or portion thereof generated
by the system established under this section be recorded at or
transferred to a facility owned, managed, or controlled by the
United States or any State or political subdivision thereof; or
``(2) use the system established under this section to
establish any system for the registration of firearms, firearm
owners, or firearm transactions or dispositions, except with
respect to persons, prohibited by section 922 (g) or (n) of
title 18, United States Code, or State law from receiving a
firearm.
``(j) Definitions.--As used in this section:
(1) Licensee.--The term ``licensee'' means a licensed
importer (as defined in section 921(a)(9) of title 18, United
States Code), a licensed manufacturer (as defined in section
921(a)(10) of that title), or a licensed dealer (as defined in
section 921(a)(11) of that title).
``(2) Other terms.--The terms ``firearm'', ``handgun'',
``licensed importer'', ``licensed manufacturer'', and
``licensed dealer'' have the meanings stated in section 921(a)
of title 18, United States Code, as amended by subsection
(a)(2).
``(k) Authorization of Appropriations.--There are authorized to be
appropriated, which may be appropriated from the Violent Crime
Reduction Trust Fund established by section 1115 of title 31, United
States Code, such sums as are necessary to enable the Attorney General
to carry out this section.''.
(c) Notification of Adjudications of Persons as Mental Defectives
and Commitments to Mental Institutions.--Section 503(a) of title I of
the Omnibus Safe Streets and Crime Control Act of 1968 (42 U.S.C.
3753(a)) is amended by adding at the end the following new paragraph:
``(12) A certification that the State has established a
plan under which the State will provide to the Department of
Justice, without fee--
``(A) within 30 days after the date on which any
person in the State is adjudicated as a mental
defective or committed to a mental institution, notice
of the adjudication or commitment; and
``(B) within 30 days after the date on which the
Department of Justice requests it, a copy of the
certified record of the adjudication or commitment.''. | Amends the Brady Handgun Violence Prevention Act to: (1) shorten to 48 months the period that a five-day waiting period and background check are to be imposed pending establishment of a national instant criminal background check system (system) for handgun transfers; and (2) provide that system check requirements shall not apply until notification by the Attorney General to licensees that the system is operational and capable of supplying information immediately. Makes the latter provision inapplicable to a firearm transfer between a licensee and another person who has presented a firearm permit meeting certain conditions.
Directs the Attorney General to: (1) establish the system within 24 (currently, 60) months after the enactment of such Act; and (2) notify each licensee in, and the chief law enforcement officer of, a State at any time of a determination that the State is in compliance with the timetable set for that State.
Authorizes a prospective transferee to submit to the Attorney General information to correct, clarify, or supplement records of the system with respect to the prospective transferee. Requires the Attorney General to immediately consider the information, to investigate further, and to correct erroneous information and give notice of the error to any Federal department or agency or any State that was the source of such records.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include among State application requirements for drug control and system improvement grants a certification that the State has established a plan under which the State will provide the Department of Justice with notification of adjudications of persons as mental defectives and of commitments to mental institutions. | [
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S BY OTHER GOVERNMENTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 5 years, the
President shall submit to the appropriate congressional committees and
leadership a report that evaluates the degree to which the governments
of other countries have knowingly failed to--
(1) close the representative offices of persons designated
under applicable United Nations Security Council resolutions;
(2) expel any North Korean nationals, including diplomats,
working on behalf of such persons;
(3) prohibit the opening of new branches, subsidiaries, or
representative offices of North Korean financial institutions
within the jurisdictions of such governments; or
(4) expel any representatives of North Korean financial
institutions.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form but may contain a classified annex.
(c) Appropriate Congressional Committees and Leadership Defined.--
In this section, the term ``appropriate congressional committees and
leadership'' means--
(1) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the majority and minority
leaders of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Speaker, the majority leader, and the minority leader of the House
of Representatives.
SEC. 318. BRIEFING ON MEASURES TO DENY SPECIALIZED FINANCIAL
MESSAGING SERVICES TO DESIGNATED NORTH KOREAN FINANCIAL
INSTITUTIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter for 5 years, the
President shall provide to the appropriate congressional committees a
briefing that includes the following information:
(1) A list of each person or foreign government the President
has identified that directly provides specialized financial
messaging services to, or enables or facilitates direct or indirect
access to such messaging services for--
(A) any North Korean financial institution (as such term is
defined in section 3 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9202)) designated under an
applicable United Nations Security Council resolution; or
(B) any other North Korean person, on behalf of such a
North Korean financial institution.
(2) A detailed assessment of the status of efforts by the
Secretary of the Treasury to work with the relevant authorities in
the home jurisdictions of such specialized financial messaging
providers to end such provision or access.
(b) Form.--The briefing required under subsection (a) may be
classified.
Subtitle B--Sanctions With Respect to Human Rights Abuses by the
Government of North Korea
SEC. 321. SANCTIONS FOR FORCED LABOR AND SLAVERY OVERSEAS OF NORTH
KOREANS.
(a) Sanctions for Trafficking in Persons.--
(1) In general.--Section 302(b) of the North Korea Sanctions
and Policy Enhancement Act of 2016 (22 U.S.C. 9241(b)) is amended--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) a list of foreign persons that knowingly employ North
Korean laborers, as described in section 104(b)(1)(M).''.
(2) Additional determinations; reports.--With respect to any
country identified in section 302(b)(2) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9241(b)(2)), as amended by paragraph (1), the report required under
section 302(a) of such Act shall--
(A) include a determination whether each person identified
in section 302(b)(3) of such Act (as amended by paragraph (1))
who is a national or a citizen of such identified country meets
the criteria for sanctions under--
(i) section 111 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7108) (relating to the prevention of
trafficking in persons); or
(ii) section 104(a) or 104(b)(1) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9214(a)), as amended by section 101 of this Act;
(B) be included in the report required under section 110(b)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(b)) (relating to the annual report on trafficking in
persons); and
(C) be considered in any determination that the government
of such country has made serious and sustained efforts to
eliminate severe forms of trafficking in persons, as such term
is defined for purposes of the Trafficking Victims Protection
Act of 2000.
(b) Sanctions on Foreign Persons That Employ North Korean Labor.--
(1) In general.--Title III of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9241 et seq.) is amended
by inserting after section 302 the following new sections:
``SEC. 302A. REBUTTABLE PRESUMPTION APPLICABLE TO GOODS MADE WITH NORTH
KOREAN LABOR.
``(a) In General.--Except as provided in subsection (b), any
significant goods, wares, articles, and merchandise mined, produced, or
manufactured wholly or in part by the labor of North Korean nationals
or citizens shall be deemed to be prohibited under section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307) and shall not be entitled to entry
at any of the ports of the United States.
``(b) Exception.--The prohibition described in subsection (a) shall
not apply if the Commissioner of U.S. Customs and Border Protection
finds, by clear and convincing evidence, that the goods, wares,
articles, or merchandise described in such paragraph were not produced
with convict labor, forced labor, or indentured labor under penal
sanctions.
``SEC. 302B. SANCTIONS ON FOREIGN PERSONS EMPLOYING NORTH KOREAN LABOR.
``(a) In General.--Except as provided in subsection (c), the
President shall designate any person identified under section 302(b)(3)
for the imposition of sanctions under subsection (b).
``(b) Imposition of Sanctions.--
``(1) In general.--The President shall impose the sanctions
described in paragraph (2) with respect to any person designated
under subsection (a).
``(2) Sanctions described.--The sanctions described in this
paragraph are sanctions pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to block and prohibit
all transactions in property and interests in property of a person
designated under subsection (a), if such property and interests in
property are in the United States, come within the United States,
or are or come within the possession or control of a United States
person.
``(c) Exception.--
``(1) In general.--A person may not be designated under
subsection (a) if the President certifies to the appropriate
congressional committees that the President has received reliable
assurances from such person that--
``(A) the employment of North Korean laborers does not
result in the direct or indirect transfer of convertible
currency, luxury goods, or other stores of value to the
Government of North Korea;
``(B) all wages and benefits are provided directly to the
laborers, and are held, as applicable, in accounts within the
jurisdiction in which they reside in locally denominated
currency; and
``(C) the laborers are subject to working conditions
consistent with international standards.
``(2) Recertification.--Not later than 180 days after the date
on which the President transmits to the appropriate congressional
committees an initial certification under paragraph (1), and every
180 days thereafter, the President shall--
``(A) transmit a recertification stating that the
conditions described in such paragraph continue to be met; or
``(B) if such recertification cannot be transmitted, impose
the sanctions described in subsection (b) beginning on the date
on which the President determines that such recertification
cannot be transmitted.''.
(2) Clerical amendment.--The table of contents in section 1(b)
of the North Korea Sanctions and Policy Enhancement Act of 2016 is
amended by inserting after the item relating to section 302 the
following new items:
``Sec. 302A. Rebuttable presumption applicable to goods made with North
Korean labor.
``Sec. 302B. Sanctions on foreign persons employing North Korean
labor.''.
SEC. 322. MODIFICATIONS TO SANCTIONS SUSPENSION AND WAIVER
AUTHORITIES.
(a) Exemptions.--Section 208(a) of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9228(a)) is amended in the
matter preceding paragraph (1)--
(1) by inserting ``201A,'' after ``104,''; and
(2) by inserting ``302A, 302B,'' after ``209,''.
(b) Humanitarian Waiver.--Section 208(b) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9228(b)(1)) is
amended--
(1) by inserting ``201A,'' after ``104,'' in each place it
appears; and
(2) by inserting ``302A, 302B,'' after ``209(b),'' in each
place it appears.
(c) Waiver.--Section 208(c) of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9228(c)) is amended in the matter
preceding paragraph (1)--
(1) by inserting ``201A,'' after ``104,''; and
(2) by inserting ``302A, 302B,'' after ``209(b),''.
SEC. 323. REWARD FOR INFORMANTS.
Section 36(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708(b)), is amended--
(1) in paragraph (9), by striking ``or'' at the end;
(2) in paragraph (10), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(11) the identification or location of any person who, while
acting at the direction of or under the control of a foreign
government, aids or abets a violation of section 1030 of title 18,
United States Code; or
``(12) the disruption of financial mechanisms of any person who
has engaged in the conduct described in sections 104(a) or
104(b)(1) of the North Korea Sanctions and Policy Enhancement Act
of 2016 (22 U.S.C. 2914(a) or (b)(1)).''.
SEC. 324. DETERMINATION ON DESIGNATION OF NORTH KOREA AS A STATE
SPONSOR OF TERRORISM.
(a) Determination.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a determination whether North
Korea meets the criteria for designation as a state sponsor of
terrorism.
(2) Form.--The determination required by paragraph (1) shall be
submitted in unclassified form but may include a classified annex,
if appropriate.
(b) State Sponsor of Terrorism Defined.--For purposes of this
section, the term ``state sponsor of terrorism'' means a country the
government of which the Secretary of State has determined, for purposes
of section 6(j) of the Export Administration Act of 1979 (50 U.S.C.
4605(j)) (as in effect pursuant to the International Emergency Economic
Powers Act), section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C.
2780), or any other provision of law, is a government that has
repeatedly provided support for acts of international terrorism.
Subtitle C--General Authorities
SEC. 331. AUTHORITY TO CONSOLIDATE REPORTS.
Any reports required to be submitted to the appropriate
congressional committees under this title or any amendment made by this
title that are subject to deadlines for submission consisting of
similar units of time may be consolidated into a single report that is
submitted to appropriate congressional committees pursuant to the
earlier of such deadlines. The consolidated reports must contain all
information required under this title or any amendment made by this
title, in addition to all other elements mandated by previous law.
SEC. 332. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to limit--
(1) the authority or obligation of the President to apply the
sanctions described in section 104 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9214), as amended by
section 311 of this Act, with regard to persons who meet the
criteria for designation under such section, or in any other
provision of law; or
(2) the authorities of the President pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.).
SEC. 333. REGULATORY AUTHORITY.
(a) In General.--The President shall, not later than 180 days after
the date of the enactment of this Act, promulgate regulations as
necessary for the implementation of this title and the amendments made
by this title.
(b) Notification to Congress.--Not fewer than 10 days before the
promulgation of a regulation under subsection (a), the President shall
notify and provide to the appropriate congressional committees the
proposed regulation, specifying the provisions of this title or the
amendments made by this title that the regulation is implementing.
SEC. 334. LIMITATION ON FUNDS.
No additional funds are authorized to carry out the requirements of
this title or of the amendments made by this title. Such requirements
shall be carried out using amounts otherwise authorized.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Countering America's Adversaries Through Sanctions Act Countering Iran's Destabilizing Activities Act of 2017 This bill directs the President to impose sanctions against: (1) Iran's ballistic missile or weapons of mass destruction programs, (2) the sale or transfer to Iran of military equipment or the provision of related technical or financial assistance, and (3) Iran's Islamic Revolutionary Guard Corps and affiliated foreign persons. The President may impose sanctions against persons responsible for violations of internationally recognized human rights committed against individuals in Iran. The President may temporarily waive the imposition or continuation of sanctions under specified circumstances. Countering Russian Influence in Europe and Eurasia Act of 2017 The President must submit for congressional review certain proposed actions to terminate or waive sanctions with respect to the Russian Federation. Specified executive order sanctions against Russia shall remain in effect. The President may waive specified cyber- and Ukraine-related sanctions. The bill provides sanctions for activities concerning: (1) cyber security, (2) crude oil projects, (3) financial institutions, (4) corruption, (5) human rights abuses, (6) evasion of sanctions, (7) transactions with Russian defense or intelligence sectors, (8) export pipelines, (9) privatization of state-owned assets by government officials, and (10) arms transfers to Syria. The Department of State shall work with the government of Ukraine to increase Ukraine's energy security. The bill: (1) directs the Department of the Treasury to develop a national strategy for combating the financing of terrorism, and (2) includes the Secretary of the Treasury on the National Security Council. Korean Interdiction and Modernization of Sanctions Act The bill modifies and increases the President's authority to impose sanctions on persons in violation of certain United Nations Security Council resolutions regarding North Korea. U.S. financial institutions shall not establish or maintain correspondent accounts used by foreign financial institutions to provide indirect financial services to North Korea. A foreign government that provides to or receives from North Korea a defense article or service is prohibited from receiving certain types of U.S. foreign assistance. The bill provides sanctions against: (1) North Korean cargo and shipping, (2) goods produced in whole or part by North Korean convict or forced labor, and (3) foreign persons that employ North Korean forced laborers. The State Department shall submit a determination regarding whether North Korea meets the criteria for designation as a state sponsor of terrorism. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radiation Experimentation
Compensation Act of 1994''.
SEC. 2. FINDINGS, PURPOSE, AND APOLOGY.
(a) Findings.--The Congress finds that--
(1) since the 1940's, the Federal Government has
intentionally conducted secret radiation experiments in the
United States without the informed consent or knowledge of the
individuals on whom the experiments were performed;
(2) such radiation experiments included, but were not
limited to, experiments involving injections of plutonium,
ingestion of irradiated food, exposure to atmospheric
radiation, and the prescription of radioactive medication to
pregnant women;
(3) the Federal Government performed such experiments not
in order to achieve medical or health benefits for the
individuals used in the tests, but for research purposes, to
allow Federal Government scientists and health specialists to
study the effects of radiation on the human body;
(4) at the time of such experiments and in the years
following the experiments, the Federal Government failed to
inform the individuals tested, or their families, about the
nature and effects of the tests;
(5) the Federal Government has harmed the subjects of such
radiation experiments;
(6) the Congress presumes that the exposure to radiation of
the subjects of such experiments has generated an excess of
cancers and other debilitating diseases and health problems for
such subjects;
(7) the Federal Government should recognize that the lives
and health of the innocent individuals who were the subjects of
such experiments were put at risk by the individuals' unknowing
and involuntary participation in radiation experiments; and
(8) the Federal Government should assume responsibility for
the harm caused by its actions regarding the experiments.
(b) Purpose.--It is the purpose of this Act to establish a
procedure to make partial restitution to the individuals described in
subsection (a) for the burdens they have borne for the Nation as a
whole, although monetary compensation can never fully compensate them.
(c) Apology.--The Congress apologizes on behalf of the Nation to
the individuals described in subsection (a) and their families for the
hardships they have endured because of the experiments described in
subsection (a).
SEC. 3. TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Radiation
Experimentation Compensation Trust Fund'' (in this Act referred to as
the ``Fund''), which shall be administered by the Secretary of the
Treasury.
(b) Investment of Amounts in Fund.--Amounts in the Fund shall be
invested in accordance with section 9702 of title 31, United States
Code, and any interest on, and proceeds from, any such investment shall
be credited to and become a part of the Fund.
(c) Availability of Fund.--Amounts in the Fund shall be available
only for disbursement by the Attorney General under section 5.
(d) Termination.--
(1) Time of termination.--The Fund shall terminate not
later than the earlier of--
(A) the date on which the amount authorized to be
appropriated to the Fund by subsection (e), and any
income earned on such amount, have been expended from
the Fund; or
(B) 22 years after the date of the enactment of
this Act.
(2) Amounts remaining in fund.--At the end of the 22-year
period referred to in paragraph (1)(B), if all of the amounts
in the Fund have not been expended, investments of amounts in
the Fund shall be liquidated, the receipts of such liquidation
shall be deposited in the Fund, and all funds remaining in the
Fund shall be deposited in the miscellaneous receipts account
in the Treasury.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund $100,000,000. Any amount appropriated pursuant
to this subsection is authorized to remain available until expended.
SEC. 4. CLAIMS ELIGIBLE FOR PAYMENT.
(a) In General.--Any individual who, without the individual's
informed consent, was intentionally exposed to radiation as a subject
in an experiment of the Federal Government at any time during the
period beginning on January 1, 1940, and ending on December 31, 1974,
shall receive $50,000 if--
(1) a claim for such payment is filed with the Attorney
General by or on behalf of such individual; and
(2) the Attorney General determines, in accordance with
section 5(b), that the claim meets the requirements of this
Act.
(b) Definitions.--For purposes of this section:
(1) The term ``experiment'' means a test or other action
that is conducted primarily for research purposes to determine
the effect of exposure to radiation on the human body.
(2) The term ``exposed to radiation'' means caused to come
into contact with any radioactive substance or material by
means including, but not limited to, injection, ingestion,
inhalation, or prescription of, or skin exposure to, any
radioactive substance or material.
(3) The term ``Federal Government'' means--
(A) the legislative, judicial, or executive branch
of the government of the United States, or any agency
or instrumentality of such a branch;
(B) any person or entity whose actions regarding an
experiment under which humans were exposed to radiation
were funded in any manner, approved, authorized,
supervised, or contracted for, by an entity referred to
in subparagraph (A); or
(C) any person or entity that was funded in any
manner, approved, authorized, supervised, or contracted
with, wholly or partially, by an entity referred to in
subparagraph (A) during a time period in which an
entity referred to in subparagraph (A) had knowledge
that such person or entity was conducting any
experiment under which humans were exposed to
radiation.
(4) The term ``informed consent'' means consent by an
individual (or the individual's parent or legal guardian, in
the case of an individual who was a minor or was incompetent at
the relevant time), to the individual's participation in an
experiment, after a full disclosure of the nature and purpose
of the experiment and its possible consequences that was
sufficient to allow the individual (or the individual's parent
or legal guardian, in the case of an individual who was a minor
or was incompetent at the relevant time) to intelligently
exercise judgment to decide whether the individual should
participate in the experiment.
SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.
(a) Establishment of Filing Procedures.--The Attorney General shall
establish procedures under which individuals may submit claims for
payments under this Act.
(b) Determination of Claims.--For each claim filed under this Act,
the Attorney General shall determine whether the claim meets the
requirements of section 4(a).
(c) Payment of Claims.--
(1) In general.--The Attorney General shall pay, from
amounts available in the Fund, each claim that the Attorney
General determines meets the requirements of this Act.
(2) Offset of payment.--
(A) Offset of payment made under this Act.--A
payment under this Act to or on behalf of an individual
described in section 4(a) shall be offset by the amount
of any payment made to or on behalf of the individual
pursuant to a final award or settlement on a claim
(other than a claim for worker's compensation) against
any person, that is based on the individual's
participation in an experiment that is the basis for
the payment under this Act, including any payment under
the Radiation Exposure Compensation Act (42 U.S.C. 2210
note).
(B) Offset of payment made under radiation exposure
compensation act.--For purposes of section 6(c)(2) of
the Radiation Exposure Compensation Act (42 U.S.C. 2210
note), a payment made under this Act shall be
considered to be a final award or settlement on a claim
described in subparagraphs (A) and (B) of such section.
(3) Right of subrogation.--Upon payment of a claim under
this section, the Federal Government is subrogated, for the
amount of the payment, to a right or claim that the individual
to whom the payment was made may have against any person on
account of participation in an experiment that is the basis for
the payment made under this Act.
(4) Payments in case of deceased persons.--
(A) In general.--In the case of an individual who
is deceased at the time of payment under this section,
such payment may be made only as follows:
(i) If the individual is survived by a
spouse who is living at the time of payment,
such payment shall be made to such surviving
spouse.
(ii) If the individual is not survived by a
spouse described in clause (i), such payment
shall be made in equal shares to the children
of the individual who are living at the time of
payment.
(iii) If the individual is not survived by
a person described in clause (i) or (ii), such
payment shall be made in equal shares to the
parents of the individual who are living at the
time of payment.
(iv) If the individual is not survived by a
person described in any of clauses (i) through
(iii), such payment shall be made in equal
shares to the grandchildren of the individual
who are living at the time of payment.
(v) If the individual is not survived by a
person described in any of clauses (i) through
(iv), such payment shall be made in equal
shares to the siblings of the individual who
are living at the time of payment.
(vi) If the individual is not survived by a
person described in any of clauses (i) through
(v), then such payment shall be made in equal
shares to the grandparents of the individual
who are living at the time of payment.
(B) Filing of claim by survivor.--If an individual
eligible for payment under this Act dies before filing
a claim under this Act, a survivor of the individual
who may receive payment under subparagraph (A) may file
a claim for such payment on the individual's behalf.
(C) Definitions.--For purposes of this paragraph:
(i) The term ``child'' includes a
recognized natural child, a stepchild who lived
with an individual in a regular parent-child
relationship, and an adopted child.
(ii) The term ``grandchild of the
individual'' means a child of a child of the
individual.
(iii) The term ``grandparent of the
individual'' means a parent of a parent of the
individual.
(iv) The term ``parent'' includes fathers
and mothers through adoption.
(v) The term ``sibling of the individual''
means a child of the parent or parents of the
individual.
(vi) The term ``spouse'' means a person who
was married to the relevant individual for at
least the 12 months immediately preceding the
death of the individual.
(d) Action on Claims.--Within 18 months after the filing of any
claim under this Act--
(1) the Attorney General shall make the determination
required by subsection (b) regarding the claim; and
(2) if the claim is determined to meet the requirements of
section 4(a), the Attorney General shall make the payment
required by subsection (c)(1).
(e) Settlement in Full of Claims Against United States.--Payment
under this Act, when accepted by an individual, or the individual's
survivors, shall be in full satisfaction of all claims of or on behalf
of the individual against the United States that arise out of the
participation in the experiment that is the basis for the payment made
under this Act.
(f) Administrative Costs Not Deducted From Payment.--No costs
incurred by the Attorney General in carrying out this Act may be paid
from, set off against, or otherwise deducted from any payment made
under subsection (c)(1).
(g) Termination of Duties of Attorney General.--The duties of the
Attorney General under this section shall cease when the Fund
terminates.
(h) Treatment of Payments Under Other Laws.--A payment under
subsection (c)(1) to an individual--
(1) shall be treated for purposes of the internal revenue
laws of the United States as damages for human suffering; and
(2) shall not be considered as income or resources for
purposes of determining the individual's eligibility to receive
benefits described in section 3803(c)(2)(C) of title 31, United
States Code, or the amount of such benefits.
(i) Use of Existing Resources.--The Attorney General should, to the
extent available, use funds and resources available to the Attorney
General to carry out the Attorney General's functions under this Act.
(j) Regulatory Authority.--The Attorney General may issue
regulations necessary to carry out this Act.
(k) Issuance of Regulations and Procedures.--The initial
regulations and procedures to carry out this Act shall be issued not
later than 120 days after the date of the enactment of this Act.
(l) Judicial Review.--An individual whose claim for compensation
under this Act is denied may seek initial judicial review solely in a
district court of the United States. The court shall review the denial
on the administrative record and shall hold unlawful and set aside the
denial if it is arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law. Such an individual may appeal the
decision of the district court to the appropriate higher Federal
courts.
SEC. 6. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.
No claim under this Act shall be assignable or transferable.
SEC. 7. LIMITATION ON CLAIMS.
An individual, or the individual's survivors, may not receive
payment under section 5(c)(1) unless a claim by or on behalf of the
individual is filed under this Act within 20 years after the date of
the enactment of this Act.
SEC. 8. ATTORNEY OR AGENT FEES.
The agent, attorney, or other representative of an individual or of
an individual's survivor may not receive, for services rendered in
connection with a claim made under this Act, an amount equal to more
than 10 percent of the payment made under this Act on such claim. Any
person who violates this section shall be guilty of an infraction and
shall be subject to a fine in the amount provided in title 18, United
States Code.
SEC. 9. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.
A payment made under section 5(c)(1) shall not be considered a form
of compensation, or reimbursement for a loss, for purposes of imposing
liability on the individual who receives the payment to repay any
insurance carrier for insurance payments, or to repay any person on
account of worker's compensation payments. A payment under this Act
shall not affect any claim against an insurance carrier with respect to
insurance, or against any person with respect to worker's compensation.
SEC. 10. BUDGET COMPLIANCE.
No authority under this Act to enter into contracts or to make
payments shall be effective in any fiscal year except to such extent or
in such amounts as are provided in advance in appropriations Acts. | Radiation Experimentation Compensation Act of 1994 - Apologizes on behalf of the Nation to the individuals who were the subjects of radiation experiments conducted by the Federal Government, as well as to their families for the hardships they have endured as a result.
Establishes in the Treasury the Radiation Experimentation Compensation Trust Fund for compensating the subjects of experiments conducted between January 1, 1940, and December 31, 1974, during which the subjects were intentionally exposed to radiation without their informed consent. Authorizes appropriations.
Directs the Attorney General to establish procedures for the submission of claims and pay from amounts in the Fund each claim meeting the requirements of this Act.
Provides for payments in cases of deceased experimental subjects.
States that payments under this Act which are accepted by a subject or the subject's survivors shall be in full satisfaction of all claims of or on behalf of the subject against the United States arising out of the subject's participation in the experiment.
Provides for judicial review.
Establishes a time limit for filing claims of 20 years after enactment of this Act. | [
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] |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agricultural
Bioterrorism Countermeasures Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Biosecurity upgrades at Department of Agriculture and related
facilities.
Sec. 4. Intramural agricultural bioterrorism research and development.
Sec. 5. Consortium for countermeasures against agricultural
bioterrorism.
Sec. 6. Agricultural bioterrorism competitive research grants.
Sec. 7. Expansion of Animal and Plant Health Inspection Service
activities.
Sec. 8. Expansion of Food Safety Inspection Service activities.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The events of September 11, 2001, have heightened
awareness of the threat of acts of bioterrorism, including
attacks directed at the domestic food supply and underlying
agriculture.
(2) Evidence of access to and rudimentary experiments with
chemical and biological agents and the reported interest in the
operation of cropdusting aircraft point to possible terrorist
intent to use biological or chemical weapons.
(3) An attack of agricultural bioterrorism would pose
serious challenges such as--
(A) hazards to human health;
(B) erosion of public confidence in the safety of
the domestic food supply; and
(C) damage to the economy.
(4) It is important to develop short- and long-term
strategies and supporting technology to more effectively and
efficiently protect the domestic food supply from acts of
bioterrorism.
(5) A program of ongoing research and development is
required to reduce the vulnerability of plant and animal
agriculture and the food supply.
(6) It is critical to bring Federal, academic, and private
sector capacities to bear on the threat of agricultural
bioterrorism.
(b) Purposes.--The purposes of this Act are--
(1) to strengthen the research and development capacity of
the United States to respond to the threat of agricultural
bioterrorism;
(2) to promote the collaboration between the Federal,
academic, and private sectors in addressing agricultural
bioterrorism; and
(3) to strengthen the capacity of regulatory agencies to
prepare for, respond to, and mitigate the consequences of a
bioterrorist attack.
SEC. 3. BIOSECURITY UPGRADES AT DEPARTMENT OF AGRICULTURE AND RELATED
FACILITIES.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Agriculture $870,000,000 to enable the
Agricultural Research Service to comply with the requirements of the
Department of Agriculture's biosecurity responsibilities under
Presidential Directive 67 with respect to the conduct of activities to
secure existing facilities where potential animal and plant pathogens
are housed or researched and to improve food safety research
activities.
(b) Distribution of Amounts.--The amounts appropriated pursuant to
the authorization of appropriations in subsection (a) shall be made
available as follows:
(1) $220,000,000 shall be made available for renovation,
update, and expansion of the Biosafety Level 3 laboratory and
animal research facilities at the Plum Island Animal Disease
Center (Greenport, New York).
(2) $385,000,000 shall be made available for the
Agricultural Research Service/Animal and Plant Health
Inspection Service facility in Ames, Iowa.
(3) $106,000,000 shall be made available for the planning
and design of an Agricultural Research Service biocontainment
laboratory for poultry research in Athens, Georgia.
(4) $9,000,000 shall be made available for the planning,
updating, and renovation of the Arthropod-Bome Animal Disease
Laboratory in Laramie, Wyoming.
(5) $120,000,000 shall be made available for collaborative
research with the Oklahoma City National Memorial Institute for
the Prevention of Terrorism, the Department of Justice, and
other law enforcement and emergency preparedness organizations.
(6) $10,000,000 shall be made available for the purchase of
rapid detection field test kits to be distributed by the
Secretary of Agriculture to State and local agencies engaged in
defending against agroterrorism and the training of appropriate
authorities.
(7) $20,000,000 shall be made available for the updating,
expansion, and renovation of the Biosensor Technologies
Research Center at Oklahoma State University in Stillwater,
Oklahoma.
SEC. 4. INTRAMURAL AGRICULTURAL BIOTERRORISM RESEARCH AND DEVELOPMENT.
(a) In General.--The Secretary of Agriculture shall expand
Agricultural Research Service programs to protect the domestic food
supply by--
(1) enhancing the capability to respond immediately to the
needs of regulatory agencies involved in protecting the food
supply;
(2) cooperating with academic and private sector partners
to maximize the impact of research and development;
(3) strengthening linkages with the intelligence community
to better identify research needs and evaluate acquired
materials;
(4) expanding the involvement of the Agricultural Research
Service with international organizations dealing with plant and
animal disease control; and
(5) taking other appropriate measures.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $140,000,000 for each of fiscal
years 2003 through 2007.
SEC. 5. CONSORTIUM FOR COUNTERMEASURES AGAINST AGRICULTURAL
BIOTERRORISM.
(a) Establishment.--The Secretary of Agriculture shall establish a
Consortium for Countermeasures Against Agricultural Bioterrorism to
help form stable long-term programs of research, development, and
evaluation of options to enhance the biosecurity of United States
agriculture.
(b) Membership.--
(1) In general.--The Consortium shall be comprised of
institutions of higher education positioned to partner with
Federal agencies to address agricultural bioterrorism.
(2) Designation.--The Secretary of Agriculture shall
designate for membership in the Consortium--
(A) 3 institutions of higher education that are
national centers for countermeasures against
agricultural bioterrorism; and
(B) not more than 7 additional institutions of
higher education with existing programs relating to
agricultural bioterrorism.
(3) National centers.--The national centers shall be
selected using the following criteria:
(A) Co-location of Department of Agriculture
laboratories or training centers with member
institutions.
(B) Demonstrated expertise in the area of plant and
animal diseases.
(C) Located at Land Grant Institutions that have a
College of Veterinary Medicine, an on-site animal
disease diagnostic laboratory, and the capability to
conduct on-site training and training via distance
education technology.
(D) Close coordination with State cooperative
extension programs that work in cooperation with
industry, farm and commodity organizations, and
regulatory agencies.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2003 through 2007.
SEC. 6. AGRICULTURAL BIOTERRORISM COMPETITIVE RESEARCH GRANTS.
(a) In General.--The Secretary of Agriculture shall enhance the
National Research Initiative of the Competitive Grants Program of the
Cooperative State Research, Education, and Extension Service by
awarding grants focused on the science and technology needed to protect
against and deal with acts of bioterrorism directed at the domestic
food supply and agriculture.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2003 through 2007.
SEC. 7. EXPANSION OF ANIMAL AND PLANT HEALTH INSPECTION SERVICE
ACTIVITIES.
(a) In General.--The Secretary of Agriculture shall enhance and
expand the capacity of the Animal and Plant Health Inspection Service
by--
(1) increasing inspection capacity at international points
of origin;
(2) improving surveillance at ports of entry and customs;
(3) enhancing methods of protecting against introduction of
plant and animal disease organisms by terrorists;
(4) adopting new strategies and technology for dealing with
outbreaks of plant and animal disease arising from acts of
terrorism or from unintentional introduction, including
establishing cooperative agreements among entities described in
subsection (b) to enhance the preparedness and ability of
Veterinary Services of the Animal and Plant Health Inspection
Service and such entities to respond to outbreaks of such
animal diseases;
(5) strengthening the planning and coordination with State
and local agencies, including the entities described in
subsection (b); and
(6) taking other appropriate measures.
(b) Cooperating Entities.--The entities referred to in paragraphs
(4) and (5) of subsection (a) are the following:
(1) Veterinary Services of the Animal and Plant Health
Inspection Service.
(2) State animal health commissions and regulatory agencies
for livestock and poultry health.
(3) State agriculture departments.
(4) Accredited colleges of veterinary medicine that are co-
located with an accredited animal disease diagnostic laboratory
and connected via high speed internet to national animal
disease laboratories (to facilitate telemedicine sharing of
necropsy images and histopathology images), animal diagnostic
centers, State departments of public health, and the Center for
Disease Control and Prevention.
(5) Private veterinary practitioners.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $140,000,000 for each of fiscal
years 2003 through 2007.
SEC. 8. EXPANSION OF FOOD SAFETY INSPECTION SERVICE ACTIVITIES.
(a) In General.--The Secretary of Agriculture shall enhance and
expand the capacity of the Food Safety Inspection Service by--
(1) enhancing the ability to inspect and ensure the safety
and wholesomeness of meat and poultry products;
(2) developing new methods for rapid detection and
identification of diseases and other hazardous agents;
(3) applying new technologies to improve ante mortem and
post mortem inspection procedures;
(4) improving the capacity to inspect international meat
and poultry products at points of origin and at ports of entry;
and
(5) strengthening collaboration among agencies within the
Department of Agriculture and in other parts of Federal and
State government through the sharing of information and
technology.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $140,000,000 for each of fiscal
years 2003 through 2007. | Agricultural Bioterrorism Countermeasures Act of 2001 - Authorizes appropriations for biosecurity upgrades at specified Department of Agriculture and related facilities.Directs the Secretary of Agriculture, with respect to bioterrorism countermeasures, to: (1) expand Agricultural Research Service programs to protect the domestic food supply; (2) establish a Consortium for Countermeasures Against Agricultural Bioterrorism comprised of institutions of higher education in partnership with Federal agencies to develop long-term biosecurity programs; (3) enhance the National Research Initiative of the Competitive Grants Program of the Award Grants Program of the Cooperative State Research, Education, and Extension Service by awarding grants for bioterrorism protective measures; and (4) expand the capacities of the Animal and Plant Health Inspection Service and the Food Safety Inspection Service. Authorizes appropriations. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montgomery GI Bill Improvements Act
of 2001''.
SEC. 2. REPEAL OF PAY REDUCTION AND ELECTION NOT TO ENROLL IN BASIC
EDUCATIONAL ASSISTANCE.
(a) Pay Reduction.--(1) Section 3011 of title 38, United States
Code, is amended by striking subsection (b).
(2) Section 3012 of that title is amended by striking subsection
(c).
(b) Authority To Elect Not To Enroll.--(1) Section 3011(c) of that
title is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(2) Section 3012(d) of that title is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(c) Opportunities To Withdraw Election Not To Enroll.--(1) Section
3016(a)(1) of that title is amended by striking ``, and does not make
an election under section 3011(c)(1) or section 3012(d)(1)''.
(2) Sections 3018A and 3018B of that title are each amended by
adding at the end the following new subsection:
``(e) Notwithstanding subsection (b), no reduction in the pay of an
individual under this section shall be made for months beginning on or
after the date that is six months after the date of the enactment of
the Montgomery GI Bill Improvements Act of 2001. Any obligation of an
individual under subsection (b) as of the commencement of such month
shall be deemed to be fully satisfied as of the date of the
commencement of such month.''.
(3)(A) Section 3018C(e) of that title is amended--
(i) by striking paragraphs (3) and (4); and
(ii) by redesignating paragraph (5) as paragraph (3).
(B) Section 3018C of that title is amended by adding at the end the
following new subsection:
``(f) Notwithstanding subsection (b), no reduction in the pay of an
individual under this section shall be made for months beginning on or
after the date that is six months after the date of the enactment of
the Montgomery GI Bill Improvements Act of 2001. Any obligation of an
individual under subsection (b) as of the commencement of such month
shall be deemed to be fully satisfied as of the date of the
commencement of such month.''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect six months after the date of the enactment of this
Act, and apply to individuals whose initial obligated period of active
duty under section 3011 or 3012 of title 38, United States Code, as the
case may be, begins on or after such date.
(e) Termination of Pay Reductions in Progress.--Any reduction in
the basic pay of an individual referred to in subsection (b) of section
3011 of title 38, United States Code, by reason of such subsection, or
of any individual referred to in subsection (c) of section 3012 of such
title by reason of such subsection, shall cease commencing with months
beginning on or after the date that is six months after the date of the
enactment of this Act, and any obligation of such individual under such
subsection (b) or (c), as the case may be, as of that date shall be
deemed to be fully satisfied as of the date of the commencement of the
first such month.
SEC. 3. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE BY MEMBERS
WITH 15 YEARS OF ACTIVE DUTY SERVICE.
(a) Transfer of Entitlement.--Subchapter II of chapter 30 of title
38, United States Code, is amended by adding at the end the following
new section:
``Sec. 3020. Transfer of entitlement to basic educational assistance:
individuals with 15 years of active duty service
``(a) An individual described in subsection (b) who is entitled to
basic educational assistance under this subchapter may transfer, in
whole or in part, such individual's entitlement to such assistance to
the dependents specified in subsection (c).
``(b) An individual described in this subsection is any individual
entitled to basic educational assistance under this subchapter who has
completed not less than 15 years of service on active duty as a member
of the Armed Forces.
``(c) An individual may transfer entitlement under this section as
follows:
``(1) To the individual's spouse.
``(2) To one or more of the individual's children.
``(3) To a combination of the individuals referred to in
paragraphs (1) and (2).
``(d) An individual transferring entitlement to basic educational
assistance under this section shall--
``(1) designate the dependent or dependents to whom such
entitlement is being transferred and the percentage of such
entitlement to be transferred to each such dependent; and
``(2) specify the period for which the transfer shall be
effective for each dependent designated under paragraph (1).
``(e)(1) Subject to the time limitation for use of entitlement
under section 3031 of this title, an individual may transfer
entitlement under this section at any time without regard to whether
the individual is a member of the Armed Forces when the transfer is
executed.
``(2)(A) An individual transferring entitlement under this section
may modify or revoke at any time the transfer of any unused portion of
the entitlement so transferred.
``(B) The modification or revocation of the transfer of entitlement
under this paragraph shall be made by the submittal of written notice
of the action to the Secretary.
``(f)(1) The use of any entitlement to basic educational assistance
transferred under this section shall be charged against the entitlement
of the individual making the transfer at the rate of one month for each
month of transferred entitlement that is used.
``(2) Except as provided under subsection (d)(2) and subject to
paragraph (4), a dependent to whom entitlement is transferred under
this section is entitled to basic educational assistance under this
subchapter in the same manner and at the same rate as the individual
from whom the entitlement was transferred.
``(3) The death of an individual transferring an entitlement under
this section shall not affect the use of the entitlement by the
individual to whom the entitlement is transferred.
``(4) The administrative provisions of this chapter (including the
provisions set forth in section 3034(a)(1) of this title) shall apply
to the use of entitlement transferred under this section, except that
the dependent to whom the entitlement is transferred shall be treated
as the eligible veteran for purposes of such provisions.
``(5) The purposes for which a dependent to whom entitlement is
transferred under this section may use such entitlement shall include
the pursuit and completion of the requirements of a secondary school
diploma (or equivalency certificate).
``(f) In the event of an overpayment of basic educational
assistance with respect to a dependent to whom entitlement is
transferred under this section, the dependent and the individual making
the transfer shall be jointly and severally liable to the United States
for the amount of the overpayment for purposes of section 3685 of this
title.
``(g) The Secretary shall prescribe regulations for purposes of
this section. Such regulations shall specify the manner and effect of
an election to modify or revoke a transfer of entitlement under
subsection (e)(2), and shall specify the manner of the applicability of
the administrative provisions referred to in subsection (e)(4) to a
dependent to whom entitlement is transferred under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3019 the following new item:
``3020. Transfer of entitlement to basic educational assistance:
individuals with 15 years of active duty
service.''.
(c) Effective Date.--The amendments made by this section shall take
effect six months after the date of the enactment of this Act.
SEC. 4. EXTENSION OF TIME LIMITATION FOR USE OF ELIGIBILITY AND
ENTITLEMENT.
(a) All Volunteer Force Program.--Section 3031 of title 38, United
States Code, is amended--
(1) by striking ``10-year period'' each place it appears
(other than subsection (g)) and inserting ``20-year period'';
and
(2) in subsection (g), by striking ``the last day'' and all
that follows through ``Act'' and inserting ``November 30,
2019,''.
(b) Educational Assistance for Selected Reserve.--Section 16133(a)
of title 10, United States Code, is amended by striking ``10-year
period'' and inserting ``20-year period''.
SEC. 5. BENEFIT FOR MEMBERS OF SELECTED RESERVE CALLED TO ACTIVE DUTY
FOR MORE THAN ONE YEAR FOR CONTINGENCY OPERATION.
(a) Increased Benefit Under Educational Assistance for Selected
Reserve.--Section 16131 of title 10, United States Code, is amended by
adding at the end the following:
``(j) In the case of a member of the Selected Reserve entitled to
educational assistance under this chapter who, during the period
referred to in subsection (a) with respect to the member, is called or
ordered to, or retained on, active duty for or in support of a
contingency operation, the rate of the educational assistance allowance
applicable to the member is as follows:
``(1) If the member's aggregate period on active duty for
or in support of a contingency operation is more than one year
but less than two years--
``(A) for each month of full-time pursuit of a
program of education, an amount equal to the average of
the amount otherwise applicable to the person under
subsection (b)(1)(A) and the amount applicable to an
individual under section 3015(b)(1) of title 38;
``(B) for each month of three-quarter-time pursuit
of a program of education, an amount equal to three-
quarters of the amount determined under subparagraph
(A);
``(C) for each month of half-time pursuit of a
program of education, an amount equal to three-quarters
of the amount determined under subparagraph (A); and
``(D) for each month of less than half-time pursuit
of a program of education, an appropriately reduced
amount, as determined under regulations prescribed
under subsection (b)(1)(D), subject to the limitation
specified in that subsection.
``(2) If the member's aggregate period on active duty for
or in support of a contingency operation is more than two years
but less than three years, the amount that would be applicable
to the member under section 3015(b) of title 38 were the member
an individual described by that section.
``(3) If the member's aggregate period on active duty for
or in support of a contingency operation is more than three
years, the amount that would be applicable to the member under
section 3015(a) of title 38 were the member an individual
described by that section.''.
(b) Effect of Active Duty on Entitlement for Basic Assistance for
Service in Selected Reserve.--(1) Clause (ii) of section 3012(a)(1)(A)
of title 38, United States Code, is amended to read as follows:
``(ii) subject to subsection (b) of this
section and beginning within one year after
completion of the service on active duty
described in clause (i) of this clause--
``(I) serves at least four years of
continuous duty in the Selected Reserve
during which the individual
participates satisfactorily in training
as required by the Secretary concerned;
or
``(II) during continuous duty in
the Selected Reserve during which the
individual participates satisfactorily
in training as required by the
Secretary concerned, serves on active
duty for or in support of a contingency
operation (as that term is defined in
section 101(a) of title 10) for an
aggregate period of not less than one
year; or''.
(2) Section 3015(c) of that title is amended--
(A) in paragraph (1), by striking ``paragraph (1)'' and
inserting ``paragraph (1) or (2)''; and
(B) by adding at the end the following new paragraph:
``(3) Paragraph (1) of this subsection also applies to an
individual entitled to an educational assistance allowance under
section 3012 of this title who is described in subsection
(a)(1)(A)(ii)(II) of that section.''. | Montgomery GI Bill Improvements Act of 2001 - Amends Federal basic educational assistance provisions (the Montgomery GI Bill) to eliminate the pay reduction currently required of service members as a precondition to eligibility for benefits Permits certain service members to transfer their entitlement to benefits to their spouses or dependent children.Extends the period after discharge during which former service members may utilize their benefits.Increases benefits available to members of the Selected Reserve called to active duty as part of a contingency operation. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caregiver Assistance and Resource
Enhancement Act''.
SEC. 2. SUPPORT SERVICES FOR CAREGIVERS.
(a) Definitions.--Section 1701 of title 38, United States Code, is
amended by adding at the end the following new paragraphs:
``(10) The term `caregiver services' means noninstitutional
extended care (as used in paragraph (6)).
``(11) The term `caregiver' means an individual who--
``(A) with respect to a disabled veteran who is
enrolled in the health care system established under
section 1705(a) of this title, provides caregiver
services to such veteran for such disability; and
``(B) is not a member of the family (including
parents, spouses, children, siblings, step-family
members, and extended family members) of such veteran.
``(12) The term `family caregiver' means an individual
who--
``(A) with respect to a disabled veteran who is
enrolled in the health care system established under
section 1705(a) of this title, provides caregiver
services to such veteran for such disability;
``(B) is a member of the family (including parents,
spouses, children, siblings, step-family members, and
extended family members) of such veteran; and
``(C) may or may not reside with such veteran.''.
(b) Support Services.--
(1) In general.--Subchapter II of chapter 17 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1720G. Support services for caregivers and family caregivers
``(a) Establishment of Program.--The Secretary shall develop and
carry out a program for caregivers and family caregivers that includes
the following:
``(1) The educational sessions, stipends, and access to
support services provided under this section.
``(2) Counseling and other services provided under section
1782 of this title.
``(3) Respite care provided under section 1720B of this
title.
``(4) With respect to family caregivers, medical care
provided under section 1781(e) of this title.
``(5) Travel expenses provided under section 111(e) of this
title.
``(b) Educational Sessions.--(1) The Secretary shall make available
educational sessions for caregivers, family caregivers, and individuals
described in paragraph (2). Such educational sessions shall--
``(A) be made available both in person and on an Internet
website;
``(B) incorporate available technology, including
telehealth technology to the extent practicable; and
``(C) teach techniques, strategies, and skills for caring
for a disabled veteran, including, at a minimum, a veteran
who--
``(i) was deployed in support of Operation Enduring
Freedom or Operation Iraqi Freedom; and
``(ii) has post-traumatic stress disorder, a
traumatic brain injury, or other severe injury or
illness.
``(2) Individuals described in this paragraph are individuals who
provide caregivers and family caregivers with support under this
chapter or through an aging network (as defined in section 102(5) of
the Older Americans Act of 1965 (42 U.S.C. 3002(5)), including--
``(A) respite care providers;
``(B) nursing care providers; and
``(C) counselors.
``(c) Stipends.--(1) The Secretary shall provide monthly stipends
to eligible family caregivers described in paragraph (2).
``(2) An eligible family caregiver described in this paragraph is a
family caregiver who--
``(A) provides caregiver services to a veteran who--
``(i) was deployed in support of Operation Enduring
Freedom or Operation Iraqi Freedom; and
``(ii) for purposes of this subsection, is
determined by the Secretary--
``(I) to have a service-connected
disability or illness that is severe;
``(II) to be in need of caregiver services,
such that without such services, the veteran
would require hospitalization, nursing home
care, or other residential institutional care;
and
``(III) based on an examination by a
physician employed by the Department (or, in
areas where no such physician is available, by
a physician carrying out such function under a
contract or fee arrangement), to be unable to
carry out the activities (including
instrumental activities) of daily living;
``(B) with respect to such veteran, meets the definition of
the term `family caregiver' under section 1701(12) of this
title;
``(C) is designated by such veteran as the primary family
caregiver for such veteran; and
``(D) is not--
``(i) employed by a home health care agency to
provide such caregiver services; or
``(ii) otherwise receiving payment for such
services.
``(3) The authority of the Secretary to provide a stipend to an
eligible family caregiver under this subsection shall expire on October
1, 2012.
``(d) Access to Support Services.--The Secretary shall provide
caregivers and family caregivers with information concerning public,
private, and non-profit agencies that offer support to caregivers. In
providing such information, the Secretary shall--
``(1) collaborate with the Assistant Secretary for Aging of
the Department of Health and Human Services in order to provide
caregivers and family caregivers access to aging and disability
resource centers under the Administration on Aging of the
Department of Health and Human Services; and
``(2) include on an Internet website that is dedicated to
caregivers and family caregivers--
``(A) a directory of services available for
caregivers and family caregivers at the county level;
and
``(B) tools that provide caregivers and family
caregivers with the ability to interact with each other
for the purpose of fostering peer support and creating
support networks.
``(e) Information and Outreach.--(1) The Secretary shall conduct
outreach to inform disabled veterans and the families of such veterans
of the following:
``(A) Medical care, educational sessions, stipends, and
other services available for caregivers and family caregivers
under this chapter.
``(B) The ability of a family caregiver to be trained and
certified by a home health care agency in order to be paid by
such agency for providing caregiver services.
``(2) Outreach under this subsection shall include, at a minimum,
the following:
``(A) Public service announcements.
``(B) Brochures and pamphlets.
``(C) Full use of Internet-based outreach methods,
including such methods designed specifically for veterans and
the families of such veterans who reside in rural areas.
``(3) With respect to a Department employee providing case
management services (as defined in section 1720C(b)(2) of this title)
to a disabled veteran, the Secretary shall ensure that such employee
provides a caregiver or family caregiver of such veteran with
information on the services described in subparagraphs (A) and (B) of
paragraph (1).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 of title 38, United States Code, is
amended by inserting after the item related to section 1720F
the following new item:
``1720G. Support services for caregivers and family caregivers.''.
(c) Plan.--Not later than 180 days after the date of the enactment
of this Act, 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 plan for carrying out section 1720G of title
38, United States Code, as added by subsection (b) of this section.
(d) Reports.--Not later than 180 days after the date on which the
plan is submitted under subsection (c), and annually thereafter for the
following five years, 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 report describing the implementation
of the plan.
SEC. 3. COUNSELING AND MENTAL HEALTH SERVICES FOR CAREGIVERS AND FAMILY
CAREGIVERS.
(a) In General.--Section 1782 of title 38, United States Code, is
amended--
(1) in the section heading, by adding at the end the
following: ``, caregivers, and family caregivers''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) a caregiver or family caregiver of a veteran; or''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 38, United States Code, is amended by striking the
item relating to section 1782 and inserting the following new item:
``1782. Counseling, training, and mental health services for immediate
family members, caregivers, and family
caregivers.''.
SEC. 4. RESPITE CARE TO ASSIST FAMILY CAREGIVERS.
Section 1720B of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``title.'' and inserting
``title or who receives care from a family caregiver.''; and
(2) by adding at the end the following new subsection:
``(d) In furnishing respite care services under this section, the
Secretary shall ensure that such services--
``(1) fulfill the needs of the veteran receiving care
(including 24-hour in-home respite care); and
``(2) are appropriate for the veteran with respect to the
age of the veteran.''.
SEC. 5. MEDICAL CARE FOR FAMILY CAREGIVERS.
Section 1781 of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by inserting ``and'' at the
end; and
(C) by inserting after paragraph (3) the following
new paragraph:
``(4) in accordance with subsection (e), a family
caregiver,'';
(2) in the third sentence of subsection (b), by striking
``dependent or survivor'' and inserting ``dependent, survivor,
or family caregiver''; and
(3) by adding at the end the following new subsection:
``(e)(1) The Secretary shall provide medical care to a family
caregiver under this section if the Secretary determines that the
family caregiver is not entitled to care or services under a health-
plan contract as defined under section 1725(f)(2) of this title
(determined, in the case of a health-plan contract as defined in
subsection (f)(2)(B) or (f)(2)(C) of such section, without regard to
any requirement or limitation relating to eligibility for care or
services from any department or agency of the United States).
``(2) In this subsection, a family caregiver is an individual who--
``(A) provides caregiver services to a veteran who--
``(i) was deployed in support of Operation Enduring
Freedom or Operation Iraqi Freedom; and
``(ii) for purposes of this subsection, is
determined by the Secretary--
``(I) to have a service-connected
disability or illness that is severe;
``(II) to be in need of caregiver services,
such that without such services, the veteran
would require hospitalization, nursing home
care, or other residential institutional care;
and
``(III) based on an examination by a
physician employed by the Department (or, in
areas where no such physician is available, by
a physician carrying out such function under a
contract or fee arrangement), to be unable to
carry out the activities (including
instrumental activities) of daily living;
``(B) with respect to such veteran, meets the definition of
the term `family caregiver' under section 1701(12) of this
title; and
``(C) is designated by such veteran as the primary family
caregiver for such veteran.
``(3) The authority of the Secretary to provide medical care to a
family caregiver under this section shall expire on October 1, 2012.''.
SEC. 6. LODGING AND SUBSISTENCE FOR FAMILY CAREGIVERS.
Section 111(e) of title 38, United States Code, is amended--
(1) by striking ``When'' and inserting the following: ``(1)
Except as provided in paragraph (2), when''; and
(2) by adding at the end the following new paragraphs:
``(2) Without regard to whether a covered veteran entitled to
mileage under this section requires an attendant in order to perform
such travel, an attendant of such covered veteran may be allowed
expenses of travel (including lodging and subsistence) upon the same
basis as such veteran during--
``(A) the period of time in which such veteran is traveling
to and from a treatment facility; and
``(B) the duration of the treatment episode for such
veteran.
``(3) The Secretary may prescribe regulations to carry out this
subsection. Such regulations may include provisions--
``(A) to limit the number of attendants that may receive
expenses of travel under paragraph (2) for a single treatment
episode of a covered veteran; and
``(B) to require such attendants to use certain travel
services.
``(4) In this subsection, the term `covered veteran' means a
veteran who--
``(A) was deployed in support of Operation Enduring Freedom
or Operation Iraqi Freedom; and
``(B) for purposes of this subsection, is determined by the
Secretary--
``(i) to have a service-connected disability or
illness that is severe;
``(ii) to be in need of caregiver services, such
that without such services, the veteran would require
hospitalization, nursing home care, or other
residential institutional care; and
``(iii) based on an examination by a physician
employed by the Department (or, in areas where no such
physician is available, by a physician carrying out
such function under a contract or fee arrangement), to
be unable to carry out the activities (including
instrumental activities) of daily living.''.
SEC. 7. SURVEY ON CAREGIVERS AND FAMILY CAREGIVERS.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, and not less than once in each three-year period
thereafter, the Secretary of Veterans Affairs shall design and conduct
a survey of caregivers and family caregivers. In carrying out the
survey, the Secretary shall collect the following information:
(1) The number of caregivers.
(2) The number of family caregivers.
(3) The number of veterans receiving caregiver services
from caregivers and family caregivers, including the era in
which each veteran served in the Armed Forces.
(4) The range of caregiver services provided by caregivers
and family caregivers, including--
(A) the average schedule of such services; and
(B) the average amount of time a caregiver and
family caregiver has spent providing such services.
(5) The average age of a caregiver and family caregiver.
(6) The health care coverage of caregivers and family
caregivers, including the sources of such coverage.
(7) The employment status of caregivers and family
caregivers.
(8) Incidents of significant life changes related to being
a caregiver or family caregiver, including unemployment and
disenrollment from a course of education.
(9) The number of family caregivers trained and certified
through a home health care agency.
(10) Other information the Secretary considers appropriate.
(b) Survey Sample.--In carrying out the survey required by
subsection (a), the Secretary shall ensure that--
(1) a statistically representative sample of caregivers and
family caregivers is included in the survey; and
(2) such sample covers veterans in each Veterans Integrated
Service Network.
(c) Findings.--The Secretary shall consider the findings of the
survey when carrying out programs related to caregivers and family
caregivers.
(d) Reports.--Not later than 180 days after the date on which each
survey is completed, 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 report on caregivers and family
caregivers. Each such report shall include--
(1) the findings of the survey required by subsection (a);
(2) a summary of the services made available to caregivers
and family caregivers by the Secretary;
(3) the number of caregivers and family caregivers who
receive such services;
(4) the cost to the Department of Veterans Affairs of
providing each such service; and
(5) other information the Secretary considers appropriate.
(e) Definitions.--In this section:
(1) The term ``caregiver'' has the meaning given such term
in section 1701(11) of title 38, United States Code, as added
by section 2(a) of this Act.
(2) The term ``family caregiver'' has the meaning given
such term in section 1701(12) of title 38, United States Code,
as added by section 2(a) of this Act.
Passed the House of Representatives July 27, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Caregiver Assistance and Resource Enhancement Act - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) to develop and carry out a program of support services for family and non-family caregivers providing noninstitutional extended care to disabled veterans enrolled in the VA health care system. Requires such support services to include: (1) educational sessions, stipends, and access to support services; (2) counseling and related services; (3) respite care; (4) medical care for family caregivers; and (5) travel expenses in connection with the outpatient care of such veterans. Requires the Secretary to: (1) conduct outreach to inform disabled veterans and their families of services available for caregivers, as well as the ability of a caregiver to be trained and certified by a home health care agency in order to be paid for providing such services; (2) submit to the congressional veterans' committees a plan for implementation of such program; and (3) report annually thereafter for five years on plan implementation.
(Sec. 3) Makes counseling and mental health services available to family and non-family caregivers of enrolled veterans.
(Sec. 4) Directs the Secretary to ensure that respite care meets the needs of the veteran receiving such care, including 24-hour home respite care, and is appropriate with respect to the veteran's age.
(Sec. 5) Authorizes the provision of medical care through the VA for family caregivers of eligible veterans, if the caregiver is without health insurance and ineligible for other public health insurance. Defines a "family caregiver" as an individual who provides care to a veteran who was deployed in support of Operations Iraqi Freedom or Enduring Freedom and are determined by the Secretary to: (1) have a severe service-connected disability or illness; (2) be in need of caregiver services since, without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care; and (3) be unable to carry out the activities of daily living.
(Sec. 6) Authorizes a lodging and subsistence allowance for family caregivers of eligible veterans described above, to cover the time in which the veteran is traveling to and from a treatment facility as well as the duration of the treatment period.
(Sec. 7) Requires the Secretary to: (1) at least once every three years, design and conduct a survey of family and non-family caregivers; (2) consider survey findings when carrying out programs related to caregivers; and (3) report to the veterans' committees on survey results and services made available to caregivers. | [
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] |
SECTION. 1. SHORT TITLE
This Act may be cited as the ``E-Mail User Protection Act''.
SEC. 2. LIMITATIONS ON THE USE OF UNSOLICITED BULK E-MAIL.
(a) Prohibition.--It shall be unlawful for any person, using any
means or instrumentality of, or affecting, interstate or foreign
commerce--
(1) to initiate the transmission of a unsolicited bulk
electronic mail message that contains a false, fictitious, or
misappropriated name of the sender, electronic mail return
address, or name and phone number of a telephone contact
person;
(2) to initiate the transmission of a unsolicited bulk
electronic mail message to an interactive computer service with
knowledge that such message falsifies an Internet domain,
header information, date or time stamp, originating e-mail
address or other identifier;
(3) to initiate the transmission of an unsolicited bulk
electronic mail message and to fail to comply with the request
of the recipient of the message, delivered to the sender's
electronic mail address, that the recipient does not wish to
receive such messages;
(4) to use, create, sell, or distribute any computer
software that is primarily designed to create, on an electronic
mail message, false Internet domain, header information, date
or time stamp, originating e-mail address or other identifier.
(b) Violations.--
(1) Civil fines.--Whoever knowingly violates subsection (a)
shall be fined not more than the greater of (1) $50 for each
message delivered in violation of such subsection, or (2)
$10,000 for each day the violation continues.
(2) Criminal sanctions.--Whoever--
(A) intentionally violates subsection (a)(1) by
misappropriating the name or electronic mail return
address of another person; or
(B) intentionally violates subsection (a)(3) by
initiating the transmission of unsolicited electronic
mail to an individual who has specifically communicated
to the violator that individual's desire not to receive
such mail;
shall be fined under title 18, United States Code, or
imprisoned not more than one year, or both.
SEC. 3. ENFORCEMENT
The Federal Trade Commission shall have the power to enforce a
violation of section 2 as an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57(a)(1)(B)).
SEC. 4. RIGHT OF ACTION AND RECOVERY OF CIVIL DAMAGES.
(a) Right of Action.--
(1) Actions by interactive computer services.--Any
interactive computer service that has been adversely affected
by a violation of section 2(a)(2) may recover in a civil action
from the person or entity that engaged in such violation such
relief as may be appropriate.
(2) Actions by recipients.--Any person or entity that has
received an unsolicited bulk email and been adversely affected
by a violation of section 2 may recover in a civil action from
the person or entity that engaged in such violation such relief
as may be appropriate.
(b) Relief.--
(1) Actions by interactive computer services.--In an action
under subsection (a)(1), appropriate relief includes--
(A) such preliminary and other equitable or
declaratory relief as may be appropriate, including an
injunction against future violations;
(B) actual monetary loss from a violation,
statutory damages of not more than the greater of --
(i) $50 for each message delivered in
violation of section 2(a)(2); or
(ii) $10,000 for each day during which the
violation continues; and
(C) a reasonable attorney's fee and other
litigation costs reasonably incurred.
(2) Actions by recipients.--In an action under subsection
(a)(2), appropriate relief includes--
(A) such preliminary and other equitable or
declaratory relief as may be appropriate, including an
injunction against future violations;
(B) actual monetary loss from a violation,
statutory damages of $50 for each message delivered in
violation of section 2(a)(2); and
(C) a reasonable attorney's fee and other
litigation costs reasonably incurred.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Unsolicited bulk electronic mail message.--The term
``unsolicited bulk electronic mail message'' means any
electronic mail message initiated by any person for commercial
purposes, except for--
(A) electronic mail sent to others with whom such
person has a prior relationship, including a prior
business relationship; or
(B) electronic mail sent to a recipient if such
recipient, or someone authorized by them, has at any
time affirmatively requested to receive communications
from that source.
(2) Electronic mail address.--The term ``electronic mail
address'' means a destination on the Internet (commonly
expressed as a string of characters) to which electronic mail
can be sent or delivered.
(3) Interactive computer service.--The term ``interactive
computer service'' has the meaning given that term in section
230(e)(2) of the Communications Act of 1934 (47 U.S.C.
230(e)(2)).
(4) Internet domain.--The term ``Internet domain'' means a
specific computer system (commonly referred to as a ``host'')
or collection of computer systems that the Internet can
reference, that are assigned a specific reference point on the
Internet (commonly referred to as an ``Internet domain name''),
and that are registered with an organization that the Internet
industry recognizes as a registrar of Internet domains.
(5) Initiates the transmission.--The term ``initiates the
transmission,'' in the case of an electronic mail message,
means to originate the electronic mail message, and excludes
the actions of any interactive computer service whose
facilities or services are used by another person to transmit,
relay, or otherwise handle such message.
SEC. 6. EFFECTIVE DATE.
The provisions of this Act shall take effect 45 days after the date
of enactment of this Act. | E-Mail User Protection Act - Amends the Communications Act of 1934 to make it unlawful for any person to: (1) initiate the transmission of an unsolicited bulk electronic mail message that contains a false or misappropriated name of the sender, return address, or name and phone number of a telephone contact person; (2) initiate such a message to an interactive computer service with the knowledge that such message falsifies identifying information; (3) initiate such a message and fail to comply with the recipient's request to not receive such messages; or (4) use, create, sell, or distribute any computer software that is primarily designed to create false identifier information.
Provides civil fines and criminal sanctions for such violations. Authorizes enforcement through the Federal Trade Commission as an unfair or deceptive act or practice.
Provides appropriate relief for both interactive computer services and recipients. | [
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] |
SECTION 1. HOMEBUYER CREDIT ALLOWED FOR ANY PURCHASE OF PRINCIPAL
RESIDENCE.
(a) In General.--Subsection (a) of section 36 of the Internal
Revenue Code of 1986 is amended by striking ``who is a first-time
homebuyer of a principal residence'' and inserting ``who purchases a
principal residence''.
(b) Application to Only 1 Sale.--Subsection (b) of section 36 of
such Code is amended by adding at the end the following new paragraph:
``(3) Application to only 1 sale.--
``(A) In general.--Subsection (a) shall not apply
to more than 1 sale or exchange of a principal
residence by the individual.
``(B) Special rule for joint returns.--In the case
of a joint return with respect to the sale or exchange
of a principal residence, if a credit was allowable
under subsection (a) to a spouse for a prior sale or
exchange of a principal residence, paragraph (1) shall
be applied by reducing the $8,000 in subparagraph (A)
thereof and the $4,000 in subparagraph (B) thereof by
the credit so allowable (one-half of such credit in the
case of a joint return).''.
(c) Conforming Amendments.--
(1) Subsection (c) of section 36 of such Code is amended by
striking paragraph (1) (defining first-time homebuyer) and by
redesignating paragraphs (2), (3), (4), and (5) as paragraphs
(1), (2), (3), and (4), respectively.
(2) The heading for section 36 of such Code is amended by
striking ``First-time''.
(3) The item in the table of sections for subpart C of part
IV of subchapter A of chapter 1 of such Code relating to
section 36 is amended to read as follows:
``Sec. Homebuyer credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to residences purchased after the date of the enactment of this
Act.
SEC. 2. 1-YEAR EXTENSION OF HOMEBUYER CREDIT.
(a) In General.--Subsection (h) of section 36 of the Internal
Revenue Code is amended by striking ``December 1, 2009'' and inserting
``December 1, 2010''.
(b) Extension of Waiver of Recapture.--Subparagraph (D) of section
36(f)(4) of such Code is amended--
(1) by striking ``December 1, 2009'' and inserting
``December 1, 2010'', and
(2) in the heading by striking ``for purchases in 2009''
and inserting ``certain purchases''.
(c) Election To Treat Purchase in Prior Year.--Subsection (g) of
such Code is amended to read as follows:
``(g) Election To Treat Purchase in Prior Year.--For purposes of
this section (other than subsections (c) and (f)(4)(D)), a taxpayer may
elect to treat a purchase of a principal residence--
``(1) after December 31, 2008, and before January 1, 2010,
as made on December 31, 2008, and
``(2) after December 31, 2009, and before December 1, 2010,
as made on December 31, 2009.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. DEDUCTION FOR LOSS FROM SALE OF PRINCIPAL RESIDENCE.
(a) In General.--Part VII of subchapter B of chapter I of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. LOSS FROM SALE OF PRINCIPAL RESIDENCE.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year any loss
recognized on the sale or exchange of property during the taxable year
if, during the 5-year period ending on the date of the sale or
exchange, such property has been owned and used by the taxpayer as the
taxpayer's principal residence for periods aggregating 2 years or more.
``(b) Limitations.--
``(1) Aggregate limitation.--The aggregate amount allowed
as a deduction under subsection (a) for all taxable years shall
not exceed $6,000 ($12,000 in the case of a joint return).
``(2) Annual limitation.--
``(A) In general.--The amount allowed to a taxpayer
as a deduction under subsection (a) for a taxable year
shall not exceed $2,000 ($4,000 in the case of a joint
return).
``(B) Carryforward.--If the deduction allowable
under subsection (a) for any taxable year exceeds the
limitation imposed by subparagraph (A) for the taxable
year, the excess shall be carried to each of the 2
succeeding taxable years and added to the deduction
allowable under subsection (a) for such succeeding
year.
``(3) Exclusion of loss allocated to nonqualified use.--
``(A) In general.--Subsection (a) shall not apply
to so much of the loss from the sale or exchange of
property as is allocated to periods of nonqualified
use.
``(B) Allocation.--For purposes of subparagraph
(A), loss shall be allocated to periods of nonqualified
use based on the ratio which--
``(i) the aggregate periods of nonqualified
use during the period such property was owned
by the taxpayer, bears to
``(ii) the period such property was owned
by the taxpayer.
``(C) Period of nonqualified use; coordination with
recognition of gain attributable to depreciation.--For
purposes of this paragraph, rules similar to the rules
of subparagraphs (C) and (D) of section 121(b)(5) shall
apply.
``(4) Application to only 1 sale.--
``(A) In general.--Subsection (a) shall not apply
to more than 1 sale or exchange of a principal
residence by the taxpayer.
``(B) Special rule for joint returns.--In the case
of a joint return with respect to the sale or exchange
of a principal residence, if a deduction was allowable
under subsection (a) to a spouse for a prior sale or
exchange of a principal residence, paragraphs (1) and
(2)(A) shall be applied by reducing the dollar amounts
therein by the deduction so allowable (one-half of such
deduction in the case of a joint return).
``(c) Applicable Rules.--For purposes of this section, rules
similar to the rules of subsection (d) of section 121 shall apply,
except that paragraph (6) thereof shall be applied by substituting
`loss' for `gain'.
``(d) Election To Have Section Not Apply.--This section shall not
apply to any sale or exchange with respect to which the taxpayer elects
not to have this section apply.
``(e) Termination.--The section shall not apply to the sale or
exchange of a principal residence after December 31, 2010.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by inserting
before the last sentence the following new paragraph:
``(22) Loss from sale of principal residence.--The
deduction allowed by section 224.''.
(c) Clerical Amendments.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 224 and inserting the following:
``Sec. 224. Loss from sale of principal residence.
``Sec. 225. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | Amends the Internal Revenue Code relating to the first-time homebuyer tax credit to: (1) extend such credit to all purchasers of a principal residence; (2) limit the credit to one sale or exchange of a principal residence; and (3) extend such credit through November 30, 2010.
Allows individual taxpayers a tax deduction through 2010 for losses from the sale or exchange of a principal residence. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Launch Services Corporation Act of
1994''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Corporation'' means the Launch Services
Corporation created under section 4 of this Act; and
(2) the terms ``launch'', ``launch property'', ``launch
services'', ``launch site'', and ``launch vehicle'' have the
meaning given such terms under section 4 of the Commercial
Space Launch Act (49 U.S.C. App. 2603), except that the
provisions of this Act shall not apply to activities relating
to suborbital trajectories.
SEC. 3. FEDERAL RESPONSIBILITIES.
(a) President.--The President shall--
(1) coordinate the activities of Federal agencies with
space launch responsibilities, so as to ensure that there is
full and effective compliance at all times with this Act;
(2) ensure that timely treaties, trade agreements, and
other appropriate arrangements are made, and appropriate
regulations are issued, to enable foreign customers to obtain
launch services from the Corporation and to otherwise
participate in the launch services system established pursuant
to this Act; and
(3) after consultation with appropriate Federal agencies,
issue a statement of the technical requirements of the Federal
Government for the system referred to in paragraph (2).
(b) Research and Development.--The National Aeronautics and Space
Administration and the Department of Defense shall cooperate with the
Corporation on research and development related to the purposes of the
Corporation.
(c) Federal Agencies in General.--The Federal Government shall--
(1) procure, to the maximum extent feasible, needed launch
services from the Corporation;
(2) pay fair market value for services provided to the
Federal Government by the Corporation;
(3) extend to the Corporation first priority for access to
launch property and launch sites in a mutually agreeable
manner;
(4) furnish range safety for launches from Government-owned
facilities; and
(5) to the extent feasible, furnish other services to the
Corporation as may be required in connection with the
establishment and operation of the Corporation.
SEC. 4. LAUNCH SERVICES CORPORATION.
(a) Creation.--There is authorized to be created a Launch Services
Corporation, a for-profit corporation which shall not be an agency or
establishment of the United States Government and which shall be
incorporated under the laws of a State of the United States.
(b) Purposes.--(1) The purposes of the Corporation shall be--
(A) to broaden and speed the economic use of space;
(B) to enhance the economic competitiveness of the United
States launch services industry and all industrial, commercial,
and financial businesses related thereto;
(C) to enhance national security;
(D) to serve the launch needs of--
(i) the Federal Government;
(ii) private sector customers in the United States;
and
(iii) appropriate foreign customers; and
(E) to remain a viable and competitive corporation.
(2) It shall not be a purpose of the Corporation to construct
launch vehicles.
(c) Process of Organization.--The President shall, as expeditiously
as possible, appoint incorporators, by and with the advice and consent
of the Senate, who shall serve as the initial board of directors of the
Corporation until the first annual meeting of stockholders or until
their successors are elected and appointed under subsection (d) and
qualified. Such incorporators shall arrange for an initial stock
offering and shall take whatever other actions are necessary to
establish the Corporation, including the filing of articles of
incorporation, subject to the approval of the President.
(d) Directors and Officers.--
(1) Directors.--The Corporation shall have a board of
directors consisting of 15 individuals who are citizens of the
United States, of whom one shall be elected annually by the
board to serve as chairman. Three members of the board shall be
appointed by the President, by and with the advice and consent
of the Senate, for terms of three years or until their
successors have been appointed and qualified, except that one
of the members first appointed under this sentence shall be
appointed to a term of one year, and one of such members shall
be appointed to a term of two years. Any member appointed to
fill a vacancy shall be appointed only for the unexpired term
of the director being replaced. The remaining 12 members of the
board shall be elected annually by the stockholders.
(2) Officers.--The Corporation shall have such officers as
may be named and appointed by the board, at rates of
compensation fixed by the board, and serving at the pleasure of
the board. No individual other than a citizen of the United
States may be an officer of the Corporation. No officer of the
Corporation shall receive any salary from any source other than
the Corporation while employed by the Corporation.
(e) Financing.--
(1) Stock.--The Corporation may issue and have outstanding,
in such amounts as it shall determine, shares of capital stock,
without par value, which shall carry voting rights and be
eligible for dividends. The stock shall be sold in a manner to
encourage the widest distribution to the public. No company,
including any company controlling, controlled by, or under
common control with such company, may hold more than 15 percent
of the capital stock of the Corporation.
(2) Additional instruments.--The Corporation may issue, in
addition to the stock authorized by paragraph (1), nonvoting
securities, bonds, debentures, and other certificates of
indebtedness.
(f) Powers.--In order to achieve its purposes, the Corporation
may--
(1) plan, initiate, own, manage, and operate itself, or in
conjunction with other business entities, a commercial launch
services system;
(2) furnish, for hire, launch services to public and
private entities of the United States and, except as otherwise
prohibited by law, to foreign customers;
(3) own and operate launch property, launch sites, and one
or more types of launch vehicle, provide or contract for range
safety operations at those launch sites, and provide or
contract for any other such services as may be required to
carry out its purposes; and
(4) conduct appropriate research and development.
(g) Recoupment.--Not later than 180 days after the date of
enactment of this Act, the President shall establish procedures for the
repayment by the Corporation to the Federal Government of an amount
equal to the amount of Federal funding that has been provided to the
Corporation.
SEC. 5. FOREIGN BUSINESS NEGOTIATIONS.
Whenever the Corporation shall enter into business negotiations
with respect to launch property, operations, or services authorized by
this Act with any international or foreign entity, it shall notify the
Department of State of the negotiations, and the Department of State
shall advise the Corporation of relevant foreign policy considerations.
Throughout such negotiations the Corporation shall keep the Department
of State informed with respect to such considerations. The Corporation
may request the Department of State to assist in the negotiations, and
that Department shall render such assistance as may be appropriate.
SEC. 6. REPORTS TO THE CONGRESS.
(a) President's Report.--The President shall transmit to the
Congress in January of each year a report which shall include a
comprehensive description of the activities and accomplishments of the
Federal Government and the Corporation during the preceding calendar
year under this Act, together with an evaluation of such activities and
accomplishments in terms of the purposes of the Corporation and any
recommendations for additional legislative or other action which the
President may consider necessary for such purposes.
(b) Corporation's Report.--The Corporation shall transmit to the
President and Congress, annually and at such other times as it
considers appropriate, a comprehensive and detailed report of its
operations, activities, and accomplishments under this Act.
SEC. 7. SUNSET.
No Federal funding shall be provided to the Corporation after
December 31, 2000, except as payment for services provided to the
Federal Government by the Corporation. | Launch Services Corporation Act of 1994 - Authorizes the creation of a non-Federal, for profit Launch Services Corporation to provide space launch services to the Federal Government and other domestic and foreign customers.
Ends Federal funding (except for payment of services) for the Corporation after the year 2000. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cormorant Management and Natural
Resources Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The current permitting system is not sufficient to
achieve a streamlined control of excessive cormorant
populations.
(2) Excessive cormorant populations cause damage to
ecosystems.
(3) Excessive cormorant populations pose public health and
safety concerns.
(4) Excessive cormorant populations pose an unsightly,
loud, and olfactory nuisance.
(5) Excessive cormorant populations can have a detrimental
effect on fish populations.
(6) Excessive cormorant populations displace native species
from their habitats.
(7) Cormorant excrement in colonies often kills vegetation.
SEC. 3. DELEGATION TO STATES OF AUTHORITY UNDER MIGRATORY BIRD TREATY
ACT WITH RESPECT TO CORMORANTS.
(a) Delegation of Authority.--Section 7 of the Migratory Bird
Treaty Act (16 U.S.C. 708) is amended--
(1) by inserting ``(a) Preservation of State Authority.--''
before the first sentence; and
(2) by adding at the end the following:
``(b) Delegation to States of Authority With Respect to
Cormorants.--
``(1) In general.--The authority of the Secretary under
this Act with respect to cormorants in a State is hereby
delegated to the governor of the State effective on the date on
which the Secretary approves a management plan for cormorants
in the State that is submitted by the governor.
``(2) Approval or disapproval of management plan.--
``(A) In general.--The Secretary shall approve or
disapprove a management plan submitted under this
subsection by not later than the end of the 60-day
period beginning on the date the plan is submitted.
``(B) Requirement to approve.--The Secretary shall
approve a management plan submitted under this
subsection if the plan is in accordance with United
States obligations under treaties and Federal law.
``(C) Disapproval of plan.--If the Secretary
disapproves a management plan under this subsection the
Secretary shall provide to the governor who submitted
the plan the reasons for the disapproval and an
opportunity to revise and resubmit the plan.
``(D) Plan deemed approved.--Except as provided in
subparagraph (E), if the Secretary does not approve or
disapprove a management plan before the end of the
period referred to in paragraph (1) the Secretary is
deemed to have approved the plan.
``(E) Limitation on approval.--A management plan
shall not be approved under this paragraph if the plan
is found to be in violation of United States
obligations under treaties and Federal law.
``(F) Review of approved plans.--The Secretary--
``(i) shall review every 5 years each
management plan approved for a State under this
subsection and the State governor's exercise of
authority delegated under this subsection; and
``(ii) may revoke such approval and
delegation if, based on such review, the
Secretary determines that the plan or the
governor's exercise of authority delegated
under this subsection is not in accordance with
this Act or any treaty implemented by this Act.
``(3) Relationship between approved plan and regulations.--
A management plan that is approved for a State under this
subsection shall apply in that State with respect to management
of cormorants, in lieu of regulations issued under this Act.
``(4) Compliance with treaties and federal law.--In
exercising authority delegated under this subsection the
governor of a State shall comply with this Act and all treaties
implemented by this Act.
``(5) Relationship to other authority.--Nothing in this
subsection limits the authority of the Secretary or any Federal
agency to exercise authority under any Federal law to assist a
State, upon request by the governor of the State, with control
of cormorants.
``(6) Cormorant defined.--In this subsection the term
`cormorant' means the double-crested cormorant (Phalacrocorax
auritus).''.
(b) Cooperation To Prevent Cormorant Proliferation.--
(1) Department of interior cooperation.--The Secretary of
the Interior, acting in consultation with the National
Aquaculture Information Center and the Animal and Plant Health
Inspection Service, shall conduct educational and informational
activities for the owners and operators of aquaculture
facilities to improve their efforts to prevent cormorants from
consuming aquatic species being reared in aquaculture
facilities, which contributes to the proliferation of
cormorants.
(2) Other efforts.--Nothing in this subsection restricts
the authority of other Federal or State wildlife or natural
resource management agencies to cooperate with the owners and
operators of aquaculture facilities regarding the management
and control of cormorants to prevent their proliferation.
(3) Cormorant defined.--In this subsection, the term
``cormorant'' means the double-crested cormorant (Phalacrocorax
auritus). | Cormorant Management and Natural Resources Protection Act - Amends the Migratory Bird Treaty Act to delegate the authority of the Secretary of the Interior under such Act with respect to double-crested cormorants (Phalacrocorax auritus) to a state on the date the Secretary approves a cormorant management plan submitted by such state.
Requires the Secretary to: (1) approve or disapprove a management plan within 60 days of the plan's submission, (2) approve such plan if it is in accordance with U.S. obligations under treaties and federal law, (3) provide to the relevant governor the reasons for disapproving a plan and an opportunity to revise and resubmit the plan, (4) review each approved state management plan every five years, and (5) revoke such approval and delegation if the plan or the governor's exercise of delegated authority is not in accordance with such Act or any treaty implemented by such Act. Deems a management plan approved if the Secretary doesn't approve or disapprove it within 60 days after submission.
Applies an approved management plan in lieu of regulations issued under such Act.
Requires the Secretary to conduct educational and informational activities for the owners and operators of aquaculture facilities to improve their efforts to prevent cormorants from consuming aquatic species being reared in such facilities. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Heroes Credit Protection
Act''.
SEC. 2. PROTECTION OF CREDIT RATINGS OF MEMBERS OF THE RESERVE
COMPONENTS DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS.
(a) In General.--Title II of the Servicemembers Civil Relief Act
(50 U.S.C. App. 521 et seq.) is amended by adding at the end the
following new section:
``SEC. 208. PROTECTION OF CREDIT RATINGS OF MEMBERS OF RESERVE
COMPONENTS DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS.
``(a) Request for Military Service Deployment Explanation.--At any
time during or after serving on active duty in support of a contingency
operation, an eligible servicemember may request that a consumer
reporting agency include a military service deployment explanation with
respect to a qualifying account in the file of that servicemember at
the consumer reporting agency.
``(b) Responsibilities of Consumer Reporting Agencies.--Upon
receiving a request from an eligible servicemember under subsection
(a), a consumer reporting agency shall--
``(1) include a military service deployment explanation
with respect to a qualifying account in the file of that
servicemember and provide the military service deployment
explanation to each person who requests the credit score or
consumer report of the servicemember;
``(2) develop and maintain procedures for the referral to
other such agencies of any military service deployment
explanation received by the agency; and
``(3) notify the servicemember in writing that the
inclusion of any explanation or notation in the file of the
servicemember could potentially negatively affect the credit
rating of the servicemember and may not mitigate a low credit
score.
``(c) Duty of Reseller to Reconvey Military Service Deployment
Explanation.--A reseller shall include in any report of the reseller on
a servicemember any military service deployment explanation placed in
the file of that servicemember by another consumer reporting agency
pursuant to this section.
``(d) Acknowledgment of Military Service Deployment Explanation.--
Any prospective user of a consumer credit report containing a military
service deployment explanation shall acknowledge such military service
deployment explanation.
``(e) Definitions.--For the purposes of this section:
``(1) The term `eligible servicemember' means a member of a
reserve component who serves on active duty outside the
continental United States in support of a contingency operation
under a call or order specifying a period of such service of
not less than 180 days (or who enters such service under a call
or order specifying a period of 180 days or less and who,
without a break in service, receives orders extending the
period of such service to a period of not less than 180 days).
``(2) The term `military service deployment explanation'
means a code generated by a consumer reporting agency that is
delivered in conjunction with a consumer report or credit score
to a user of the consumer report or credit score to indicate
that the consumer report or credit score of the consumer was
adversely affected during a period in which the consumer was a
servicemember serving on active duty outside the continental
United States in support of a contingency operation.
``(3) The term `contingency operation' has the meaning
given that term under section 101(a)(13) of title 10, United
States Code.
``(4) The term `active duty' has the meaning given that
term under section 101(d)(1) of title 10, United States Code.
``(5) The term `consumer reporting agency' has the meaning
given that term under section 603 of the Fair Credit Reporting
Act.
``(6) The term `reseller' has the meaning given that term
under section 603 of the Fair Credit Reporting Act.
``(7) The term `qualifying account' means an account that
was opened by a servicemember before the date on which the
servicemember was deployed outside the continental United
States in support of a contingency operation, but only with
respect to obligations incurred before such date.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 207
the following new item:
``Sec. 208. Protection of credit ratings of certain servicemembers.''.
(c) Military Service Deployment Explanation Not to Affect Certain
Future Transactions.--Section 108 of such Act (50 U.S.C. App. 518) is
amended in the matter preceding paragraph (1), by inserting after
``liability of that servicemember'' the following: ``, or the inclusion
of a military service deployment explanation in a file of the
servicemember at a consumer reporting agency pursuant to section
208,''.
Passed the House of Representatives November 5, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | National Heroes Credit Protection Act - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to authorize a member of the reserves who is deployed outside the United States for 180 days or more in support of a contingency operation (servicemember) to request that a consumer reporting agency (CRA) include in that servicemember's file a military service deployment explanation (explanation) with respect to an account that was opened by the servicemember before such deployment.
Requires: (1) a reseller of credit reporting information to include in any report on a servicemember any explanation placed in such servicemember's file by another CRA; and (2) any user of a consumer credit report containing such explanation to acknowledge the explanation. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Conservation Corps
Authorization Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Corps.--The term ``corps'' means the veterans
conservation corps established under section 3(a).
(2) Eligible veteran.--The term ``eligible veteran'' means
a veteran (as the term is defined in section 101 of title 38,
United States Code) that, as of the date on which the
application for the corps is submitted--
(A) is unemployed;
(B) is not enrolled in any other Federal training
program; and
(C) meets any other criteria that the Secretary
determines to be appropriate.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. VETERANS CONSERVATION CORPS.
(a) Establishment.--The Secretary, in cooperation with the
Secretary of Veterans Affairs and the Secretary of Commerce, shall
establish a veterans conservation corps--
(1) to provide training and employment to eligible
veterans;
(2) to assist eligible veterans in the transition from
service in the Armed Forces to civilian life; and
(3) to assist the Federal Government in maintaining Federal
land and water.
(b) Employment of Eligible Veterans.--
(1) Long-term employment.--
(A) Initial period.--The Secretary shall employ in
the corps eligible veterans for a 1-year period to
carry out work projects assigned under subsection (c).
(B) Extension of employment.--The Secretary may, on
a case-by-case basis and as the Secretary considers
appropriate, extend the employment of an eligible
veteran under subparagraph (A) for an additional 1-year
period.
(2) Temporary employment for student veterans.--
(A) In general.--The Secretary may establish a
program in the corps for the short-term employment of
eligible veterans that are attending institutions of
higher education.
(B) Terms.--The employment of an eligible veteran
under subparagraph (A) shall not exceed 16 weeks in
total.
(3) Compensation.--An eligible veteran employed by the
corps under paragraph (1) or (2) shall receive a stipend and
living allowance in an amount to be determined by the
Secretary, in consultation with Secretary of Veteran Affairs.
(c) Work Projects.--
(1) Assignment.--Each eligible veteran employed under
subsection (b)(1) shall be assigned to a work project that--
(A) furthers the purposes described in subsection
(a); and
(B) falls within 1 or more of the following
categories:
(i) Transportation improvements, such as
improving wilderness trails.
(ii) Erosion control.
(iii) Landscape and recreation.
(iv) Habitat protection and restoration,
including removal of invasive species.
(v) Data collection.
(vi) Any other specific project category
identified under paragraph (2).
(2) Specification of additional project categories.--Not
later than 180 days after the date of enactment of this Act,
the Secretary and the Secretary of Commerce shall identify
additional project categories that the Secretary and the
Secretary of Commerce consider appropriate to further the
purposes described in subsection (a).
(3) Leveraging of military skills.--To the maximum extent
practicable, an eligible veteran in the corps shall be assigned
to a work project under paragraph (1) that enables the eligible
veteran to use the skills that the eligible veteran developed
as a member of the Armed Forces.
(4) Development and supervision of work projects.--The
Secretary and the Secretary of Commerce shall develop and
supervise the work projects under the corps that relate to the
respective jurisdiction of the Secretary and the Secretary.
(d) Education and Training.--
(1) In general.--The Secretary, in cooperation with the
Secretary of Veterans Affairs and the Secretary of Commerce,
shall establish a program as part of the corps to provide to
eligible veterans employed under the corps any education or
training that is necessary to enable the eligible veterans to
carry out the work projects assigned under subsection (c)(1).
(2) Use of existing facilities.--To the maximum extent
practicable, the Secretary, the Secretary of Veterans Affairs,
and the Secretary of Commerce shall use existing facilities of
the Federal Government to provide the education and training
required under paragraph (1). | Veterans Conservation Corps Authorization Act - Directs the Secretary of the Interior to establish a veteran conservation corps (corps) to: (1) provide training and employment to unemployed veterans not enrolled in any other federal training program, (2) assist veterans in their transition from military service to civilian life, and (3) assist the government in maintaining federal land and water. Directs the Secretary to employ such veterans for a one-year period, with an option for employment for an additional one-year period.
Allows the Secretary to establish a corps program for the short-term employment of veterans attending institutions of higher education.
Directs the Secretary to establish a program to provide to such veterans any education or training necessary to carry out assigned work projects. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting America's Protective
Security Advisor Act of 2007''.
SEC. 2. PROTECTIVE SECURITY ADVISOR.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following:
``SEC. 210F. PROTECTIVE SECURITY ADVISOR PROGRAM OFFICE.
``(a) In General.--There is in the Department a Protective Security
Advisor Program Office (in this section referred to as the `Office')
within the Protective Security Coordination Division of the Office of
Infrastructure Protection.
``(b) Responsibilities.--The Office shall have the primary
responsibility and be the lead office within the Department for--
``(1) encouraging State, local, and tribal governments and
private sector owners and operators of critical infrastructure
and key resources to participate and collaborate within the
risk management framework of the National Infrastructure
Protection Plan, or any successor thereto;
``(2) coordinating national and intergovernmental critical
infrastructure and key resource activities with State, local,
and tribal governments and owners and operators of critical
infrastructure or key resources;
``(3) facilitating and conducting requirements,
capabilities, and risk assessment analyses that enhance
critical infrastructure and key resources preparedness;
``(4) promoting information sharing and security awareness,
particularly with State homeland security advisors and private
sector security officials;
``(5) assisting State, local, and tribal governments in
developing multi-jurisdictional security plans;
``(6) helping to ensure ongoing coordination between
Federal, State, local, and tribal governments, owners and
operators of critical infrastructure or key resources,
emergency response providers, and related agencies;
``(7) serving as infrastructure liaison officials, with
primary responsibility to advise the designated Principal
Federal Official on issues dealing with nationally critical
infrastructure, when a joint field office is activated in
response to a natural disaster or terrorist event; and
``(8) facilitating and coordinating interaction with
international security partners relating to the activities of
the Department regarding international activities described in
the National Infrastructure Protection Plan, or any successor
thereto.
``(c) Protective Security Advisor Assignments and Distribution
Plan.--
``(1) In general.--The Secretary shall develop a plan for
the assignment and distribution of protective security advisors
that takes into account baseline requirements and anticipated
growth after the date of enactment of this section of the need
for such advisors.
``(2) Plan requirements.--
``(A) In general.--The plan developed under
paragraph (1) shall--
``(i) ensure that protective security
advisors are located across the United States
to ensure appropriate coverage and coordinated
support, with particular emphasis on high-risk
regions, as determined by the Office; and
``(ii) assign protective security advisors
and support staff based on risk, including
consideration of assigning additional
protective security advisors in areas of
greater population density and concentration of
critical infrastructure and key resources.
``(B) Minimum requirements.--At a minimum, the plan
developed under paragraph (1) shall provide that--
``(i) at least 1 protective security
advisor shall be located in each State;
``(ii) at least 10 supervisory protective
security advisors shall be located throughout
the United States, to provide regional
coordination and management;
``(iii) each supervisory protective
security advisor shall have appropriate support
staff to assist in performing the duties of
that supervisory protective security advisor;
and
``(iv) the headquarters of the Office shall
include--
``(I) at least 2 protective
security advisors to manage the
participation of protective security
advisors in special events, training
programs, and exercise programs;
``(II) at least 2 protective
security advisors to manage the
training and standards program for
protective security advisors to ensure
that personnel are certified in the
latest security practices;
``(III) at least 2 protective
security advisors to manage day-to-day
contingency operations in preparation
for, or response to, a natural disaster
or terrorist event; and
``(IV) appropriate support staff to
assist in performing the duties of the
Office.
``(3) Report.--Not later than 90 days after the date of
enactment of this section, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate a report outlining and justifying the plan developed
under paragraph (1).
``(d) Biennial Reporting.--The Secretary shall submit to Congress a
report regarding the activities of the Office every 2 years.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $40,000,000 for each of fiscal years 2009 and
2010; and
``(B) such sums as are necessary for each fiscal
year thereafter.
``(2) Availability.--Amounts made available pursuant to
this subsection shall remain available until expended.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 210E
the following:
``Sec. 210F. Protective Security Advisor Program Office.''. | Supporting America's Protective Security Advisor Act of 2007 - Amends the Homeland Security Act of 2002 to establish the Protective Security Advisor Program Office within the Protective Security Coordination Division of the Office of Infrastructure Protection of the Department of Homeland Security (DHS).
Requires the Office to have primary responsibility within DHS for: (1) encouraging state, local, and tribal governments and private sector owners and operators of critical infrastructure and key resources to participate and collaborate within the risk management framework of the National Infrastructure Protection Plan; (2) coordinating national and intergovernmental critical infrastructure and key resource activities with such governments, owners, and operators; (3) facilitating and conducting requirements, capabilities, and risk assessment analyses that enhance critical infrastructure and key resources preparedness; (4) promoting information sharing and security awareness; (5) assisting such governments in developing multijurisdictional security plans; (6) helping to ensure coordination among such governments, such owners and operators, emergency response providers, and related agencies; (7) serving as infrastructure liaison officials when a joint field office is activated in response to a natural disaster or terrorist event; and (8) facilitating and coordinating interaction with international security partners.
Directs the Secretary of Homeland Security to develop a plan for the assignment and distribution of protective security advisors that takes into account baseline requirements and anticipated growth to: (1) ensure that protective security advisors are located across the United States and provide appropriate coverage and coordinated support, especially in high-risk regions; and (2) assign protective security advisors and support staff based on risk. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Schools Act of 1994''.
SEC. 2. SAFE SCHOOLS PROGRAM AUTHORIZED.
(a) In General.--With funds appropriated under subsection (b)(1),
the Secretary of Education shall make competitive grants to eligible
local educational agencies to carry out projects designed to achieve
Goal Six of the National Education Goals, which provides that by the
year 2000, every school in America will be free of drugs and violence
and will offer a disciplined environment conducive to learning, by
helping to ensure that all schools are safe and free of violence.
(b) Model Project.--The Secretary of Education, shall develop a
written safe schools model so all schools can develop models that
enable all students to participate regardless of any language barriers.
(c) Authorization of Appropriations and Reservation.--
(1) Authorization.--There are authorized to be appropriated
to carry out this Act $50,000,000 for fiscal year 1994.
(2) Reservation.--From the sums appropriated to carry out
this Act for any fiscal year, the Secretary may reserve not
more than 5 percent to carry out national leadership activities
under section 6.
SEC. 3. ELIGIBLE APPLICANTS.
To be eligible to receive a grant under this Act, a local
educational agency shall demonstrate in its application under section
4(a) that it--
(1) serves an area in which there is a high rate of--
(A) homicides committed by persons between the ages
5 to 18, inclusive;
(B) referrals of youth to juvenile court;
(C) youth under the supervision of the courts;
(D) expulsions and suspensions of students from
school;
(E) referrals of youth, for disciplinary reasons,
to alternative schools; or
(F) victimization of youth by violence, crime, or
other forms of abuse; and
(2) has serious school crime, violence, and discipline
problems, as indicated by other appropriate data.
SEC. 4. APPLICATIONS AND PLANS.
(a) In General.--In order to receive a grant under this Act, an
eligible local educational agency shall submit to the Secretary an
application that includes--
(1) an assessment of the current violence and crime
problems in the schools to be served by the grant and in the
community to be served by the applicant;
(2) an assurance that the applicant has written policies
regarding school safety, student discipline, and the
appropriate handling of violent or disruptive acts;
(3) a description of the schools and communities to be
served by the grant, the activities and projects to be carried
out with grant funds, and how these activities and projects
will help to reduce the current violence and crime problems in
the schools and communities served;
(4) a description of educational materials to be developed
in the second most predominate language of the schools and
communities to be served by the grant, if applicable;
(5) if the local educational agency receives Federal
education funds, an explanation of how activities assisted
under this Act will be coordinated with and support any
systemic education improvement plan prepared with such funds;
(6) the applicant's plan to establish school-level advisory
committees, which include faculty, parents, staff, and
students, for each school to be served by the grant and a
description of how each committee will assist in assessing that
school's violence and discipline problems as well as in
designing appropriate programs, policies, and practices to
combat those problems;
(7) the applicant's plan for collecting baseline and future
data, by individual schools, to monitor violence and discipline
problems and to measure its progress in achieving the purpose
of this Act;
(8) a description of how, in subsequent fiscal years, the
grantee will integrate the violence prevention activities it
carries out with funds under this Act with activities carried
out under its comprehensive plan for drug and violence
prevention adopted under the Safe and Drug-Free Schools and
Communities Act of 1986;
(9) a description of how the grantee will coordinate its
school crime and violence prevention efforts with education,
law enforcement, judicial, health, social service, programs
supported under the Juvenile Justice and Delinquency Prevention
Act of 1974, and other appropriate agencies and organizations
serving the community;
(10) a description of how the grantee will inform parents
about the extent of crime and violence in their children's
schools and maximize the participation of parents in its
violence prevention activities;
(11) an assurance that grant funds under this Act will be
used to supplement and not supplant State and local funds that
would, in the absence of funds under this Act, be made
available by the applicant for the purposes of the grant;
(12) an assurance that the applicant will cooperate with,
and provide assistance to, the Secretary in gathering
statistics and other data the Secretary determines are
necessary to determine the effectiveness of projects and
activities under this Act or the extent of school violence and
discipline problems throughout the Nation; and
(13) such other information as the Secretary may require.
(b) Priorities.--In awarding grants under this Act, the Secretary
shall take into account the special needs of local educational agencies
located in both rural and urban communities.
SEC. 5. GRANTS AND USE OF FUNDS.
(a) Duration and Amount of Grants.--Grants under this Act may not
exceed--
(1) 1 year in duration; and
(2) $3,000,000.
(b) Use of Funds.--
(1) Activities.--A local educational agency may use funds
awarded under section 2(a) for 1 or more of the following
activities:
(A) Identifying and assessing school violence and
discipline problems, including coordinating needs
assessment activities with education, law-enforcement,
judicial, health, social service, juvenile justice
programs, gang prevention activities, and other
appropriate agencies and organizations.
(B) Conducting school safety reviews or violence
prevention reviews of programs, policies, practices,
and facilities to determine what changes are needed to
reduce or prevent violence and promote safety and
discipline.
(C) Planning for comprehensive, long-term
strategies for combating and preventing school violence
and discipline problems through the involvement and
coordination of school programs with other education,
law-enforcement, judicial, health, social service, and
other appropriate agencies and organizations.
(D) Activities which involve parents in efforts to
promote school safety and prevent school violence.
(E) Community education programs involving parents,
businesses, local government, the medical, and other
appropriate entities about the local educational
agency's plan to promote school safety and reduce and
prevent school violence and discipline problems and the
need for community support.
(F) Coordination of school-based activities
designed to promote school safety and reduce or prevent
school violence and discipline problems with related
efforts of education, law-enforcement, judicial,
health, social service, juvenile justice programs, and
other appropriate agencies and organizations.
(G) Developing and implementing violence prevention
activities and materials, including--
(i) conflict resolution and social skills
development for students, teachers, aides,
other school personnel, and parents;
(ii) disciplinary alternatives to expulsion
and suspension of students who exhibit violent
or anti-social behavior;
(iii) student-led activities such as peer
mediation, peer counseling, and student courts;
or
(iv) alternative after-school programs that
provide safe havens for students, which may
include cultural, recreational, educational and
instructional activities, and mentoring and
community service programs.
(H) Educating students and parents about the
dangers of guns and other weapons and the consequences
of their use.
(I) Developing and implementing innovative
curricula to prevent violence in schools and training
staff how to stop disruptive or violent behavior if it
occurs.
(J) Supporting ``safe zones of passage'' for
students between home and school through such measures
as Drug- and Weapon-Free School Zones, enhanced law
enforcement, and neighborhood patrols.
(K) Counseling programs for victims and witnesses
of school violence and crime.
(L) Evaluating its project under this Act.
(M) The cost of administering the project of the
local educational agency under this Act.
(N) Other activities that meet the purposes of this
Act.
(2) Other limitations.--A local educational agency may use
not more than 5 percent of its grant for activities described
in paragraph (1)(M).
(3) Construction.--A local educational agency may not use
funds under this Act for construction.
SEC. 6. NATIONAL LEADERSHIP.
To carry out the purpose of this Act, the Secretary may use funds
reserved under section 2(b)(2) to conduct national leadership
activities such as research, program development and evaluation, data
collection, public awareness activities, training and technical
assistance, to provide grants to noncommercial telecommunications
entities for the production and distribution of national video-based
projects that provide young people with models for conflict resolution
and responsible decisionmaking, and to conduct peer review of
applications under this Act. The Secretary may carry out such
activities directly, through interagency agreements, or through grants,
contracts, or cooperative agreements.
SEC. 7. REPORTS.
(a) Report to Secretary.--Local educational agencies that receive
funds under this part shall submit to the Secretary a report not later
than March 1, 1995, that describes progress achieved in carrying out
the plan required under section 4.
(b) Report to Congress.--The Secretary shall submit to the
Committee on Education and Labor of the House of Representatives a
report not later than October 1, 1995, which contains a detailed
statement regarding grant awards, activities of grant recipients, a
compilation of statistical information submitted by applicants under
section 4, and an evaluation of programs established under this part.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 1471(12) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(12)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
Passed the House of Representatives February 22, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Safe Schools Act of 1994 - Directs the Secretary of Education to make competitive grants to eligible local educational agencies for projects to achieve National Education Goal Six by helping to ensure that all schools are safe and free of violence.
Directs the Secretary to develop a written safe schools model.
Authorizes appropriations.
Authorizes the Secretary to use certain reserved funds to conduct national leadership activities such as research, program development and evaluation, data collection, public awareness activities, training and technical assistance, peer review of applications, and grants for public television video projects for conflict resolution. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserve Access to Care in the Home
(PATCH) Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Home health services are a vital component of the
benefits that are provided to beneficiaries under the medicare
program under title XVIII of the Social Security Act.
(2) Home health services under the medicare program enable
homebound individuals who are at great risk for costly
institutionalized care to stay in their own homes and
communities.
(3) Implementation of the home health interim payment
system under the medicare program has inadvertently exacerbated
payment disparities for home health services between regions,
penalizing efficient, low-cost home health agencies in rural
areas and providing insufficient compensation for the care of
higher acuity, medically complex patients.
(4) The frequency and volume of prepayment medical reviews,
including requests for medical records, and other
administrative changes imposed upon home health agencies,
particularly those agencies that are located in rural areas,
has had a devastating effect on smaller care agencies.
(5) The combination of insufficient payments and new
administrative changes has precipitated the closure of nearly
2,000 home health agencies and branch offices and has forced
many surviving agencies to shrink their service areas or limit
the types of patients they may serve, resulting in restricted
access to home health services in many areas.
(6) The scheduled additional 15 percent across the board
reduction in home health payments under the medicare program
will severely compromise existing access to home health
services, particularly in low-cost rural areas.
(b) Purposes.--The purposes of this Act are as follows:
(1) To ensure access to care for patients with high medical
needs by establishing a process for home health agencies to
exclude high acuity, medically complex patients from the per-
beneficiary limits under the interim payment system for home
health services and instead receive cost-based reimbursement
for services provided such patients.
(2) To eliminate the 15 percent across the board reduction
in home health payments under the medicare program.
(3) To bring relief from certain administrative
requirements to home health agencies with--
(A) strong, established compliance records; and
(B) a history of claim denial rates of less than 5
percent.
SEC. 3. ELIMINATION OF AUTOMATIC 15 PERCENT REDUCTION IN HOME HEALTH
PAYMENTS.
(a) Contingency Reduction.--Section 4603 of the Balanced Budget Act
of 1997 (42 U.S.C. 1395fff note) (as amended by section 5101(c)(3) of
the Tax and Trade Relief Extension Act of 1998 (contained in division J
of Public Law 105-277)) is amended by striking subsection (e).
(b) Prospective Payment System.--Section 1895(b)(3)(A) of the
Social Security Act (42 U.S.C. 1395fff(b)(3)(A)) is amended--
(1) by striking ``Initial basis.--'' and all that follows
through ``Under such system'', and inserting ``Initial basis.--
Under such system'';
(2) in the matter preceding clause (ii), by striking ``but
if the reduction in limits described in clause (ii) had been in
effect''; and
(3) by striking clause (ii).
SEC. 4. OUTLIER PAYMENTS FOR HOME HEALTH SERVICES.
(a) Waiver of Applicable Home Health Payment Limits for Outliers.--
(1) In general.--Section 1861(v)(1)(L) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)) (as amended by section
5101 of the Tax and Trade Relief Extension Act of 1998
(contained in Division J of Public Law 105-277) is amended--
(A) by redesignating clause (ix) as clause (x); and
(B) by inserting after clause (viii) the following:
``(ix)(I) Notwithstanding the applicable limit under this
subparagraph, in the case of a provider that demonstrates to the
Secretary that with respect to an individual to whom the provider
furnished home health services appropriate to the individual's
condition (as determined by the Secretary) at a reasonable cost (as
determined by the Secretary), and that such reasonable cost
significantly exceeded such applicable limit because of unusual
variations in the type or amount of medically necessary care required
to treat the individual, the Secretary, upon application by the
provider, shall pay to such provider for such individual such
reasonable cost.
``(II) The Secretary shall establish such criteria as is required
for payment under this clause, including a description of the type of
patient, patient condition, unusual variations, and home health service
that qualifies for such payment.
``(III) In making determinations under subclause (I), the Secretary
shall use data from the cost report, or from other data collected by
the Secretary, of the provider for such year.
``(IV) A provider may make an application for payment under this
clause for a fiscal year no earlier than the end of the cost reporting
period beginning in such fiscal year.
``(V) In the case of an application for payment under this clause
that is approved by the Secretary, a home health agency may elect to
receive payment on a quarterly basis.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on September 30, 1999, and apply with respect to each
application for payment of reasonable costs for outliers submitted by
any home health agency for cost reporting periods ending on or after
such date.
SEC. 5. CLARIFICATION OF THE DEFINITION OF HOMEBOUND.
(a) In General.--The last sentence of sections 1814(a) and 1835(a)
of the Social Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each
amended--
(1) by striking ``leave home,'' and inserting ``leave home
and''; and
(2) by striking ``, and that absences'' and all that
follows before the period.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to items and services provided on or after the date of enactment
of this Act.
SEC. 6. REVIEW OF CLAIMS SUBMITTED BY HOME HEALTH AGENCIES.
(a) In General.--Section 1816(c)(2) of the Social Security Act (42
U.S.C. 1395h(c)(2)) is amended by adding at the end the following:
``(D)(i) Each agreement under this section shall provide that if
the average finalized denial rate of claims submitted by a home health
agency (determined for the 3 most recent cost reporting periods ending
before the date of such determination) is less than 5 percent--
``(I) no prepayment medical review, including requests for
medical records and focused medical reviews, may be conducted
with respect to a claim submitted by such agency (absent
probable cause that the particular claim is invalid) during the
agency's next succeeding cost reporting period; and
``(II) post-payment review of claims submitted by the
agency during the agency's next succeeding cost reporting
period shall not exceed 10 percent of the dollar value of all
of the services provided by the agency for which a claim for
reimbursement is filed under this title during such period.
``(ii) For purposes of clause (i), the finalized denial rate of
claims submitted by a home health agency for any cost reporting period
is equal to the percentage determined by dividing--
``(I) the dollar value of all of the services provided by
the agency for which--
``(aa) a claim for reimbursement is filed under
this title during such period; and
``(bb) a denial for such claim has become final
after all rights to request reconsideration or to
appeal have been exhausted, by
``(II) the dollar value of all of the services provided by
the agency for which a claim for reimbursement is--
``(aa) filed under this title during such period;
and
``(bb) reviewed by the Secretary or an agency or
organization with an agreement under this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act and shall apply to
agreements entered into or renewed on or after such date.
SEC. 7. RESTORATION OF PERIODIC INTERIM PAYMENTS FOR HOME HEALTH
AGENCIES.
Section 4603(b) of Public Law 105-33 is repealed.
SEC. 8. SENSE OF THE CONGRESS REGARDING THE IMPLEMENTATION OF PPS FOR
HOME HEALTH SERVICES.
It is the sense of the Congress that the Secretary of Health and
Human Services should--
(1) ensure that the prospective payment system for home
health services under section 1895 of the Social Security Act
(42 U.S.C. 1395fff) provides for appropriate payment of
services that are provided to beneficiaries;
(2) ensure that reimbursement rates under such system--
(A) include incentives to provide services
efficiently to all beneficiaries; and
(B) do not create unintentional incentives to
discriminate against beneficiaries with medically
complex conditions;
(3) ensure that the establishment of the case mix
adjustment for such services under subsection (b)(4) of such
section--
(A) does not penalize agencies that serve
beneficiaries with medically complex conditions;
(B) provides some predictive value and accounts for
a fair portion of the variation in costs associated
with providing services to beneficiaries; and
(C) takes into account such variables as the health
status, age, and socioeconomic status of beneficiaries;
(4) establish a nationally uniform process to ensure that
fiscal intermediaries have the training and ability to provide
timely and accurate coverage and payment information to home
health agencies under the medicare program under title XVIII of
such Act (42 U.S.C. 1395 et seq.);
(5) assess the costs to home health agencies of
implementing new regulations and interpretations associated
with the prospective payment system for home health services
and consider the impact of such costs on the ability of such
agencies to provide home health services to beneficiaries; and
(6) provide periodic updates to Congress and home health
agencies regarding the progress by the Secretary of
implementing the prospective payment system for home health
services. | Amends SSA title XVIII to: (1) create outlier provisions for home health services; (2) revise the definition of homebound; and (3) restructure the review process for claims submitted by home health agencies.
Amends BBA '97 for the stated purpose of restoring periodic interim payments for home health agencies.
Expresses the sense of the Senate that the Secretary of Health and Human Services should: (1) ensure that the prospective payment system (PPS) for home health services provides for appropriate payment of services provided to beneficiaries at rates that include incentives to provide services efficiently to all beneficiaries and do not create unintentional incentives to discriminate against beneficiaries with complex medical conditions; (2) ensure that the establishment of the case mix adjustment for such services does not penalize agencies that serve such beneficiaries, provides some predictive value, and accounts for appropriate variables, such as age and health status; (3) establish a nationally uniform process to ensure that fiscal intermediaries have the training and ability to provide timely and accurate coverage and payment information to Medicare home health agencies; (4) assess home health agency regulatory costs associated with the PPS for home health services and consider the cost impact on the agency's ability to provide such services; and (5) provide periodic updates to Congress and home health agencies on the Secretary's progress in implementing such PPS. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upper Housatonic Valley National
Heritage Area Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The upper Housatonic Valley, encompassing 29 towns in
the hilly terrain of western Massachusetts and northwestern
Connecticut, is a singular geographical and cultural region
that has made significant national contributions through its
literary, artistic, musical, and architectural achievements,
its iron, paper, and electrical equipment industries, and its
scenic beautification and environmental conservation efforts.
(2) The upper Housatonic Valley has 139 properties and
historic districts listed on the National Register of Historic
Places including--
(A) five National Historic Landmarks--
(i) Edith Wharton's home, The Mount, Lenox,
Massachusetts;
(ii) Herman Melville's home, Arrowhead,
Pittsfield, Massachusetts;
(iii) W.E.B. DuBois' Boyhood Homesite,
Great Barrington, Massachusetts;
(iv) Mission House, Stockbridge,
Massachusetts; and
(v) Crane and Company Old Stone Mill Rag
Room, Dalton, Massachusetts; and
(B) four National Natural Landmarks--
(i) Bartholomew's Cobble, Sheffield,
Massachusetts, and Salisbury, Connecticut;
(ii) Beckley Bog, Norfolk, Connecticut;
(iii) Bingham Bog, Salisbury, Connecticut;
and
(iv) Cathedral Pines, Cornwall,
Connecticut.
(3) Writers, artists, musicians, and vacationers have
visited the region for more than 150 years to enjoy its scenic
wonders, making it one of the country's leading cultural
resorts.
(4) The upper Housatonic Valley has made significant
national cultural contributions through such writers as Herman
Melville, Nathaniel Hawthorne, Edith Wharton, and W.E.B.
DuBois, artists Daniel Chester French and Norman Rockwell, and
the performing arts centers of Tanglewood, Music Mountain,
Norfolk (Connecticut) Chamber Music Festival, Jacob's Pillow,
and Shakespeare & Company.
(5) The upper Housatonic Valley is noted for its pioneering
achievements in the iron, paper, and electrical generation
industries and has cultural resources to interpret those
industries.
(6) The region became a national leader in scenic
beautification and environmental conservation efforts following
the era of industrialization and deforestation and maintains a
fabric of significant conservation areas including the
meandering Housatonic River.
(7) Important historical events related to the American
Revolution, Shays' Rebellion, and early civil rights took place
in the upper Housatonic Valley.
(8) The region had an American Indian presence going back
10,000 years and Mohicans had a formative role in contact with
Europeans during the seventeenth and eighteenth centuries.
(9) The Upper Housatonic Valley National Heritage Area has
been proposed in order to heighten appreciation of the region,
preserve its natural and historical resources, and improve the
quality of life and economy of the area.
(b) Purposes.--The purposes of this Act are as follows:
(1) To establish the Upper Housatonic Valley National
Heritage Area in the State of Connecticut and the Commonwealth
of Massachusetts.
(2) To implement the national heritage area alternative as
described in the document entitled ``Upper Housatonic Valley
National Heritage Area Feasibility Study, 2003''.
(3) To provide a management framework to foster a close
working relationship with all levels of government, the private
sector, and the local communities in the upper Housatonic
Valley region to conserve the region's heritage while
continuing to pursue compatible economic opportunities.
(4) To assist communities, organizations, and citizens in
the State of Connecticut and the Commonwealth of Massachusetts
in identifying, preserving, interpreting, and developing the
historical, cultural, scenic, and natural resources of the
region for the educational and inspirational benefit of current
and future generations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Upper Housatonic Valley National Heritage Area, established in
section 4.
(2) Management entity.--The term ``Management Entity''
means the management entity for the Heritage Area designated by
section 4(d).
(3) Management plan.--The term ``Management Plan'' means
the management plan for the Heritage Area specified in section
6.
(4) Map.--The term ``map'' means the map entitled
``Boundary Map Upper Housatonic Valley National Heritage
Area'', numbered P17/80,000, and dated February 2003.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Connecticut and the Commonwealth of Massachusetts.
SEC. 4. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Upper Housatonic
Valley National Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of--
(1) part of the Housatonic River's watershed, which extends
60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
(2) the towns of Canaan, Colebrook, Cornwall, Kent,
Norfolk, North Canaan, Salisbury, Sharon, and Warren in
Connecticut;
(3) the towns of Alford, Becket, Dalton, Egremont, Great
Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey,
Mount Washington, New Marlboro, Pittsfield, Richmond,
Sheffield, Stockbridge, Tyringham, Washington, and West
Stockbridge in Massachusetts; and
(4) the land and water within the boundaries of the
Heritage Area, as depicted on the map.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service, Department of the Interior.
(d) Management Entity.--The Upper Housatonic Valley National
Heritage Area, Inc. shall be the management entity for the Heritage
Area.
SEC. 5. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Duties of the Management Entity.--To further the purposes of
the Heritage Area, the management entity shall--
(1) prepare and submit a management plan for the Heritage
Area to the Secretary in accordance with section 6;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing the
approved management plan by--
(A) carrying out programs and projects that
recognize, protect and enhance important resource
values within the Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs within the Heritage Area;
(C) developing recreational and educational
opportunities in the Heritage Area;
(D) increasing public awareness of and appreciation
for natural, historical, scenic, and cultural resources
of the Heritage Area;
(E) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
heritage area themes;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access
and sites of interest are posted throughout the
Heritage Area; and
(G) promoting a wide range of partnerships among
governments, organizations and individuals to further
the purposes of the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(4) conduct meetings open to the public at least semi-
annually regarding the development and implementation of the
management plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the management entity receives Federal funds
under this Act, setting forth its accomplishments, expenses,
and income, including grants to any other entities during the
year for which the report is made;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this Act, all information
pertaining to the expenditure of such funds and any matching
funds, and require in all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organizations make available for such audit all records and
other information pertaining to the expenditure of such funds;
and
(7) encourage by appropriate means economic viability that
is consistent with the purposes of the Heritage Area.
(b) Authorities.--The management entity may, for the purposes of
preparing and implementing the management plan for the Heritage Area,
use Federal funds made available through this Act to--
(1) make grants to the State of Connecticut and the
Commonwealth of Massachusetts, their political subdivisions,
nonprofit organizations and other persons;
(2) enter into cooperative agreements with or provide
technical assistance to the State of Connecticut and the
Commonwealth of Massachusetts, their political jurisdictions,
nonprofit organizations, and other interested parties;
(3) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and historical
resources protection, and heritage programming;
(4) obtain money or services from any source including any
that are provided under any other Federal law or program;
(5) contract for goods or services; and
(6) undertake to be a catalyst for any other activity that
furthers the purposes of the Heritage Area and is consistent
with the approved management plan.
(c) Prohibitions on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this Act to
acquire real property, but may use any other source of funding,
including other Federal funding outside this authority, intended for
the acquisition of real property.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage Area shall--
(1) include comprehensive policies, strategies and
recommendations for conservation, funding, management and
development of the Heritage Area;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the natural, historical and cultural resources of the
Heritage Area;
(4) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Area in the first
5 years of implementation;
(5) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area related to the themes of the Heritage Area
that should be preserved, restored, managed, developed, or
maintained;
(6) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques including, but
not limited to, the development of intergovernmental and
interagency cooperative agreements to protect the Heritage
Area's natural, historical, cultural, educational, scenic and
recreational resources;
(7) describe a program of implementation for the management
plan including plans for resource protection, restoration,
construction, and specific commitments for implementation that
have been made by the management entity or any government,
organization, or individual for the first 5 years of
implementation;
(8) include an analysis and recommendations for ways in
which local, State, and Federal programs, including the role of
the National Park Service in the Heritage Area, may best be
coordinated to further the purposes of this Act; and
(9) include an interpretive plan for the Heritage Area.
(b) Deadline and Termination of Funding.--
(1) Deadline.--The management entity shall submit the
management plan to the Secretary for approval within 3 years
after funds are made available for this Act.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this subsection,
the management entity shall not qualify for Federal funding
under this Act until such time as the management plan is
submitted to and approved by the Secretary.
SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon the request of the
management entity, provide technical assistance on a
reimbursable or non-reimbursable basis and financial assistance
to the Heritage Area to develop and implement the approved
management plan. The Secretary is authorized to enter into
cooperative agreements with the management entity and other
public or private entities for this purpose. In assisting the
Heritage Area, the Secretary shall give priority to actions
that in general assist in--
(A) conserving the significant natural, historical,
cultural, and scenic resources of the Heritage Area;
and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Heritage Area.
(2) Spending for non-federally owned property.--The
Secretary may spend Federal funds directly on non-federally
owned property to further the purposes of this Act, especially
in assisting units of government in appropriate treatment of
districts, sites, buildings, structures, and objects listed or
eligible for listing on the National Register of Historic
Places.
(b) Approval and Disapproval of Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
the management plan not later than 90 days after receiving the
management plan.
(2) Criteria for approval.--In determining the approval of
the management plan, the Secretary shall consider whether--
(A) the management entity is representative of the
diverse interests of the Heritage Area including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
and recreational organizations;
(B) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan;
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historical, and cultural resources of the Heritage
Area; and
(D) the Secretary has received adequate assurances
from the appropriate State and local officials whose
support is needed to ensure the effective
implementation of the State and local aspects of the
management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise the
management entity in writing of the reasons therefore and shall
make recommendations for revisions to the management plan. The
Secretary shall approve or disapprove a proposed revision
within 60 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed by the Secretary and approved
in the same manner as provided for the original management
plan. The management entity shall not use Federal funds
authorized by this Act to implement any amendments until the
Secretary has approved the amendments.
SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities directly
affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this Act and, to the maximum
extent practicable, coordinate such activities with the
carrying out of such duties; and,
(3) to the maximum extent practicable, conduct or support
such activities in a manner which the management entity
determines will not have an adverse effect on the Heritage
Area.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
purposes of this Act not more than $1,000,000 for any fiscal year. Not
more than a total of $10,000,000 may be appropriated for the Heritage
Area under this Act.
(b) Matching Funds.--Federal funding provided under this Act may
not exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this Act.
SEC. 10. SUNSET.
The authority of the Secretary to provide assistance under this Act
shall terminate on the day occurring 15 years after the date of
enactment of the Act. | Upper Housatonic Valley National Heritage Area Act - Establishes the Upper Housatonic Valley National Heritage Area in Connecticut and Massachusetts. Designates the Upper Housatonic Valley National Heritage Area, Inc., as the Areas' management entity, which shall: (1) submit to the Secretary of the Interior for approval a management plan which includes policies, strategies, and recommendations for conservation, funding, management, development, and interpretation of the Area; and (2) assist local governments, regional planning organizations, and nonprofit organizations in implementing the plan. Prohibits the entity from using Federal funds received under this Act to acquire real property. Authorizes the Secretary to provide technical and financial assistance to the Area and enter into cooperative agreements with the management entity to develop and implement the plan. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as ``Child Protection Compact Act of 2011''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The use of children for commercial sexual exploitation
is a global phenomenon. Human trafficking affects millions of
children worldwide.
(2) Many countries with a high prevalence of trafficking in
children lack financial resources, legal expertise, technical
capacity, and other resources to appropriately protect and
rescue these children, despite a demonstrated political will to
do so.
(3) The Department of State's Office to Monitor and Combat
Trafficking in Persons placed 132 countries, out of 175
countries ranked, on Tier 2 or Tier 2 Watch List in its 2010
Trafficking in Persons report.
(4) As a party to the Protocol to Prevent, Suppress and
Punish Trafficking in Persons, especially Women and Children,
Supplementing the United Nations Convention Against
Transnational Organized Crime (the ``Palermo Protocol''), the
United States has pledged to establish policies and programs to
prevent and combat trafficking in persons and to protect
victims of trafficking from revictimization and to share
information, as appropriate, with law enforcement, immigration
and other relevant authorities of other states parties with a
view to combating trafficking in persons.
(b) Declaration of Purpose.--The purpose of this Act is to provide
incentives to Tier 2 countries and Tier 2 Watch List countries to
protect and rescue children subjected to severe forms of trafficking in
persons through the establishment of Child Protection Compacts between
the United States and select, eligible countries with a significant
prevalence of trafficking in children, in order to--
(1) address institutional weaknesses within the government
that result in the failure to protect vulnerable children and
to rescue and properly rehabilitate victims;
(2) increase local government capacity to apprehend
perpetrators who engage in severe forms of trafficking in
children and bring perpetrators to justice in national courts
of law; and
(3) ensure transparency and accountability in achieving the
goals stipulated in the Compact over the course of its three-
year implementation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Ambassador.--The term ``Ambassador'' means the
Ambassador-at-Large of the Department of State's Office to
Monitor and Combat Trafficking in Persons.
(2) Appropriate congressional committees.--Except as
otherwise provided, 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.
(3) Child protection.--The term ``child protection'' means
efforts to prevent and respond to violence, exploitation, and
abuse against children.
(4) Compact.--The term ``Child Protection Compact'' or
``Compact'' means a Child Protection Compact described in
section 6.
(5) Minor.--The term ``minor'' means an individual who has
not attained the age of 18 years.
(6) National action plan for trafficking.--The term
``national action plan for trafficking'' means any strategy or
long-term plan created by a national government that defines
specific goals to--
(A) reduce the number of trafficking victims;
(B) increase the number of prosecutions of
traffickers; and
(C) ensure proper mechanisms to rehabilitate and
reintegrate survivors of human trafficking.
(7) National child protection strategy.--The term
``national child protection strategy'' means any plan developed
by a national government in consultation with multilateral
bodies or nongovernmental organizations, including a plan
derived from a preexisting process or created as part of a
Child Protection Compact, that outlines--
(A) short-term and long-term goals for improving
child protection and preventing child exploitation
within a country;
(B) the government ministries responsible for
implementation of the plan; and
(C) how coordination will take place between
implementing ministries.
(8) Secretary.--The term ``Secretary'' means the Secretary
of State.
(9) Severe forms of trafficking.--The term ``severe forms
of trafficking in persons'' means--
(A) sex trafficking in which a commercial sex act
is induced by force, fraud, or coercion, or in which
the person induced to perform such act has not attained
18 years of age; or
(B) the recruitment, harboring, transportation,
provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion
for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
(10) Tier 2 countries and tier 2 watch list countries.--The
terms ``Tier 2 countries'' and ``Tier 2 Watch List countries''
mean those countries that the Secretary of State has listed
pursuant to section 110(b)(1)(B) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)(1)(B)) as countries
to which the minimum standards set forth in section 108 of that
Act are applicable and whose governments do not fully comply
with such standards but are making significant efforts to do
so.
SEC. 4. AUTHORIZATION OF ASSISTANCE.
(a) Assistance.--Subject to subsection (b), the Secretary is
authorized to provide assistance under this section for each country
that enters into a Compact with the United States pursuant to section 6
to support policies and programs that assist the country to eradicate
severe forms of trafficking of children and are in furtherance of the
purposes of this Act.
(b) Avoidance of Duplication of Efforts.--To avoid duplication of
efforts, the Secretary shall exercise the authority of subsection (a)
only in coordination with the Administrator of the United States Agency
for International Development, the Attorney General, and the Secretary
of Labor.
(c) Form of Assistance.--Assistance under this section may be
provided in the form of grants, cooperative agreements, or contracts to
or with eligible entities described in subsection (d). Assistance under
this section may not be provided in the form of loans.
(d) Eligible Entities.--An eligible entity referred to in
subsection (c) is--
(1) the national government of the eligible country;
(2) regional or local governmental units of the country; or
(3) a nongovernmental organization or a private entity with
expertise in the protection of vulnerable children, the
investigation and prosecution of those who engage in or benefit
from child trafficking, or rescue of child victims of
trafficking.
(e) Number and Amount of Compacts.--Subject to the availability of
appropriations, the Secretary shall determine the number of Compacts
based on the established need of the countries determined to be most
eligible based on the criteria described in section 5. The amount of
any single Compact shall not exceed a total of $15,000,000.
(f) Annual Disbursements.--Disbursements shall be made to the
eligible entities on an annual basis pursuant to the terms of the
respective Compacts.
SEC. 5. ELIGIBLE COUNTRIES.
(a) Determination by the Secretary.--The Secretary, acting through
the Office to Monitor and Combat Trafficking in Persons, shall work in
consultation with the Bureau of Democracy, Human Rights, and Labor and
the Department of Labor's Bureau of International Labor Affairs, and
the relevant offices at the Department of Justice and the United States
Agency for International Development, to select a country for purposes
of entering into a Compact based on whether the country meets the
initial criteria listed in subsection (b) and the selection criteria
listed in subsection (c). The determination pursuant to subsection (c)
shall be based, to the maximum extent possible, upon objective,
documented, and quantifiable indicators.
(b) Initial Criteria.--
(1) In general.--A country may be considered for a Compact
if--
(A) the country is eligible for assistance from the
International Development Association, and the per
capita income of the country is equal to or less than
the historical ceiling of the International Development
Association;
(B) subject to paragraph (2), the country is not
ineligible to receive United States economic assistance
under part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) by reason of the application of
any provision of the Foreign Assistance Act of 1961 or
any other provision of law; and
(C) the country is a Tier 2 country or Tier 2 Watch
List country.
(2) Rule of construction.--For the purposes of determining
whether a country is eligible for receiving assistance under
paragraph (1), the exercise by the President, the Secretary of
State, or any other officer or employee of the United States of
any waiver or suspension of any provision of law referred to in
such paragraph, and notification to the appropriate
congressional committees in accordance with such provision of
law, shall be construed as satisfying the requirement of such
paragraph.
(c) Selection Criteria.--A country should be selected for purposes
of entering into a Compact on the basis of--
(1) a documented high prevalence of trafficking of children
within the country; and
(2) demonstrated political will and sustained commitment by
the government to undertake meaningful measures to address
severe forms of trafficking of children, including--
(A) enactment and enforcement of laws criminalizing
trafficking in children with punishments commensurate
with the crime, including, when necessary, against
complicit government officials;
(B) cooperation with local and international non-
governmental organizations with demonstrated expertise
in combating trafficking in children; and
(C) the treatment of child trafficking victims in
accordance with Article 6(3) of the Protocol to
Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, Supplementing the United
Nations Convention Against Transnational Organized
Crime.
SEC. 6. CHILD PROTECTION COMPACTS.
(a) Compact.--The Secretary, acting through the Ambassador, may
provide assistance for a country under this Act only if the country
enters into an agreement with the United States, to be known as a
``Child Protection Compact'', that establishes a 3-year plan for
achieving shared objectives in furtherance of the purposes of this Act.
(b) Elements.--The Compact should take into account, if applicable,
existing national child protection strategies and national action plans
for human trafficking of the country and shall contain--
(1) the specific objectives that the country and the United
States expect to achieve during the term of the Compact;
(2) the responsibilities of the country and the United
States in the achievement of such objectives;
(3) the particular programs or initiatives to be undertaken
in the achievement of such objectives and the amount of funding
to be allocated to each program or initiative;
(4) regular outcome indicators to monitor and measure
progress toward achieving such objectives, including indicators
for each program or initiative;
(5) a multi-year financial plan, including the estimated
amount of contributions by the United States and the country,
if any, and proposed mechanisms to implement the plan and
provide oversight, that describes how the requirements of
paragraphs (1) through (4) will be met, including identifying
the role of civil society in the achievement of such
requirements;
(6) where appropriate, a process or processes for
consideration of solicited proposals under the Compact as well
as a process for consideration of unsolicited proposals by the
Secretary and national, regional, or local units of government;
(7) the strategy of the country to sustain progress made
toward achieving such objectives after expiration of the
Compact; and
(8) a list of civil society and nonprofit organizations
that the government will partner or consult with to develop and
sustain the child protection and prosecution capacity in the
country.
(c) Assistance for Development of Compact.--Notwithstanding
subsection (a), the Secretary may enter into contracts or make grants
for any eligible country for the purpose of facilitating the
development and implementation of the Compact between the United States
and the country.
(d) Definition of Program or Initiative.--In this section, the term
``program or initiative'' may include the following:
(1) Evaluation of legal standards and practices and
recommendations for improvements that will increase the
likelihood of successful prosecutions.
(2) Training anti-trafficking police and investigators.
(3) Building the capacity of domestic non-governmental
organizations to educate vulnerable populations about the
danger of severe forms of trafficking and to work with law
enforcement to identify and rescue victims.
(4) Creation of victim-friendly courts.
(5) Development of appropriate after-care facilities for
rescued victims or other rehabilitation and reintegration
services for children, which may include education, vocational
training, and psychosocial counseling, as appropriate.
(6) Development and maintenance of data collection systems
to monitor victims.
(7) Development of regional cooperative plans with
neighboring countries to prevent cross-border trafficking of
children and child sex tourism.
(8) Development of programs and practices that address
demand, including educational curricula, social marketing
campaigns, and specific law enforcement activities targeting
demand.
SEC. 7. SUSPENSION AND TERMINATION OF ASSISTANCE.
(a) Suspension and Termination of Assistance.--The Secretary may
suspend or terminate assistance in whole or in part for a country or
entity under section 4 if the Secretary determines that--
(1) the country or entity is engaged in activities which
are contrary to the national security interests of the United
States;
(2) the country or entity has engaged in a pattern of
actions inconsistent with the criteria used to determine the
eligibility of the country or entity, as the case may be; or
(3) the country or entity has failed to adhere to its
responsibilities under the Compact.
(b) Reinstatement.--The Secretary may reinstate assistance for a
country or entity under section 4 only if the Secretary determines that
the country or entity has demonstrated a commitment to correcting each
condition for which assistance was suspended or terminated under
subsection (a).
(c) Congressional Notification.--Not later than 3 days after the
date on which the Secretary suspends or terminates assistance under
subsection (a) for a country or entity, or reinstates assistance under
subsection (b) for a country or entity, the Secretary shall submit to
the appropriate congressional committees a report that contains the
determination of the Secretary under subsection (a) or subsection (b),
as the case may be.
SEC. 8. CONGRESSIONAL NOTIFICATION AND ANNUAL REPORT.
(a) Congressional Consultation Prior to Compact Negotiations.--Not
later than 15 days prior to the start of negotiations of a Compact with
a country, the Secretary--
(1) shall consult with the appropriate congressional
committees with respect to the proposed Compact negotiation;
and
(2) shall identify the objectives and mechanisms to be used
for the negotiation of the Compact.
(b) Congressional Notification After Entering Into a Compact.--Not
later than 10 days after entry into force of a Compact with a country,
the Secretary shall provide notification of the Compact to the
appropriate congressional committees, including a detailed summary of
the Compact and a copy of the text of the Compact.
(c) Annual Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the next
5 years, the President shall transmit to the appropriate
congressional committees a report on the assistance provided
under section 4 during the prior fiscal year.
(2) Matters to be included.--The report shall include the
following:
(A) The amount of obligations and expenditures for
assistance provided to each eligible country during the
prior fiscal year.
(B) For each country, an assessment of--
(i) the progress made during each year by
the country toward achieving the objectives set
out in the Compact entered into by the country;
and
(ii) the extent to which assistance
provided under section 4 has been effective in
helping the country to achieve such objectives.
SEC. 9. SENSE OF CONGRESS.
It is the sense of Congress that, of the total amounts to be
appropriated for fiscal years 2012 through 2014 for the Department of
State and foreign operations, up to $30,000,000 should be used to carry
out the purposes of this Act. | Child Protection Compact Act of 2011 - Authorizes the Secretary of State, through the Ambassador-at-Large of the Department of State's Office to Monitor and Combat Trafficking in Persons, to provide assistance (grants, cooperative agreements, or contracts) for an eligible country with a significant prevalence of trafficking in children that enters into a Child Protection Compact with the United States to support policies and programs to eradicate the trafficking of children. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Weapons Complex Conversion
Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Russian nuclear weapons complex is still at its
Cold War size. Little information about this complex is shared,
and 10 of its most sensitive cities remain closed. These cities
house 750,000 people and employ approximately 150,000 people in
nuclear military facilities. Although the Russian Federation
Ministry of Atomic Energy has announced the need to
significantly downsize its workforce, perhaps by as much as 50
percent, it has been very slow in accomplishing this goal.
Information on the extent of any progress is very closely held.
The major impediments to downsizing have been economic and
social conditions in Russia.
(2) The United States, on the other hand, has significantly
downsized its nuclear weapons complex in an open and
transparent manner. As a result, an enormous asymmetry now
exists between the United States and Russia in nuclear weapon
production capacities and in transparency of such capacities.
It is in the national security interest of the United States to
assist the Russian Federation in accomplishing significant
reductions in its nuclear military complex and in helping it to
protect its nuclear weapons, nuclear materials, and nuclear
secrets during such reductions. Such assistance will accomplish
critical nonproliferation objectives and provide essential
support towards future arms reduction agreements. Without a
significant, transparent reduction in nuclear weapons
production capacity, the Russian Federation's ability to
quickly reconstitute its arsenal remains inconsistent with
current and contemplated arms control agreements.
(3) Several current programs address portions of the
downsizing and nuclear security concerns. The Nuclear Cities
Initiative was established to assist Russia in creating job
opportunities for employees who are not required to support
realistic Russian nuclear security requirements. Its focus has
been on creating commercial ventures that can provide self-
sustaining jobs in three of the closed cities. The current
scope and funding of the program are not commensurate with the
scale of the threats to the United States sought to be
addressed by the program.
(4) To effectively address threats to United States
national security interests, progress with respect to the
nuclear cities must be expanded and accelerated. The Nuclear
Cities Initiative has laid the groundwork for an immediate
increase in investment and potential for immediate risk
reduction in the cities of Sarov, Snezhinsk, and Seversk, which
house four key Russian nuclear facilities. Furthermore, the
Nuclear Cities Initiative has made considerable progress with
the limited funding available. However, to gain sufficient
advocacy for additional support, the program must demonstrate--
(A) rapid progress in conversion and restructuring;
and
(B) an ability for the United States to track
progress against verifiable milestones that support a
Russian nuclear complex consistent with their future
national security requirements.
(5) Reductions in the nuclear weapons-grade material stocks
in the United States and Russia enhance prospects for future
arms control agreements and reduce concerns that these
materials could lead to proliferation risks. Confidence in both
nations will be enhanced by knowledge of the extent of each
nation's stockpiles of weapons-grade materials. The United
States already makes this information public.
(6) Many current programs contribute to the goals stated
herein. However, the lack of programmatic coordination within
and among United States Government agencies impedes the
capability of the United States to make rapid progress. A
formal single point of coordination is essential to ensure that
all United States programs directed at cooperative threat
reduction, nuclear materials reduction and protection, and the
downsizing, transparency, and nonproliferation of the nuclear
weapons complex effectively mitigate the risks inherent in the
Russian Federation's military complex.
(7) Specialists in the United States and the former Soviet
Union trained in nonproliferation studies can significantly
assist in the downsizing process while minimizing the threat
presented by potential proliferation of weapons materials or
expertise.
SEC. 3. EXPANSION AND ENHANCEMENT OF NUCLEAR CITIES INITIATIVE.
(a) In General.--The Secretary of Energy shall, in accordance with
the provisions of this section, take appropriate actions to expand and
enhance the activities under the Nuclear Cities Initiative in order
to--
(1) assist the Russian Federation in the downsizing of the
Russian Nuclear Complex; and
(2) coordinate the downsizing of the Russian Nuclear
Complex under the Initiative with other United States
nonproliferation programs.
(b) Enhanced Use of MINATOM Technology and Research and Development
Services.--In carrying out actions under this section, the Secretary
shall facilitate the enhanced use of the technology, and the research
and development services, of the Russia Ministry of Atomic Energy
(MINATOM) by--
(1) fostering the commercialization of peaceful, non-
threatening advanced technologies of the Ministry through the
development of projects to commercialize research and
development services for industry and industrial entities; and
(2) authorizing the Department of Energy, and encouraging
other departments and agencies of the United States Government,
to utilize such research and development services for
activities appropriate to the mission of the Department, and
such departments and agencies, including activities relating
to--
(A) remediation of the environmental consequences
of United States nuclear weapons activities and Russian
nuclear weapons activities;
(B) nonproliferation (including the detection and
identification of weapons of mass destruction and
verification of treaty compliance);
(C) global energy and environmental matters; and
(D) basic scientific research.
(c) Acceleration of Nuclear Cities Initiative.--(1) In carrying out
actions under this section, the Secretary shall accelerate the Nuclear
Cities Initiative by implementing, as soon as practicable after the
date of the enactment of this Act, programs at the nuclear cities
referred to in paragraph (2) in order to convert significant portions
of the activities carried out at such nuclear cities from military
activities to civilian activities.
(2) The nuclear cities referred to in this paragraph are the
following:
(A) Zarechnyy (Penza-19).
(B) Sarov (Arzamas-16 and Avangard).
(C) Snezhinsk (Chelyabinsk-70).
(D) Seversk (Tomsk-7).
(3) Before implementing a program under paragraph (1), the
Secretary shall establish appropriate, measurable milestones for the
first year of the program.
(d) Plan for Restructuring the Russian Nuclear Complex.--(1) The
President, acting through the Secretary of Energy, is urged to enter
into negotiations with the Russian Federation for purposes of the
development by the Russian Federation of a plan to restructure the
Russian Nuclear Complex in order to meet changes in the national
security requirements of Russia by 2010.
(2) The plan under paragraph (1) should include the following:
(A) Mechanisms to achieve a nuclear weapons production
capacity in Russia that is consistent with the obligations of
Russia under current and future arms control agreements.
(B) Mechanisms to increase transparency regarding nuclear
weapons production processes and nuclear materials inventories
in Russia to the levels of transparency for such matters in the
United States, including the participation of Department of
Energy officials with expertise in transparency of such
matters.
(C) Measurable milestones that will permit the United
States and the Russian Federation to monitor progress under the
plan.
(e) Encouragement of Careers in Nonproliferation.--(1) In carrying
out actions under this section, the Secretary shall carry out a program
to encourage students in the United States and in the Russian
Federation to pursue a career in an area relating to nonproliferation.
(2) Of the amounts available under subsection (f), $2,000,000 shall
be available for purposes of the program required under paragraph (1).
(f) Funding for Fiscal Year 2001.--There is hereby authorized to be
appropriated for the Department of Energy for fiscal year 2001,
$50,000,000 for purposes of the Nuclear Cities Initiative, including
activities under this section.
(g) Sense of Congress Regarding Funding for Fiscal Years After
Fiscal Year 2001.--It is the sense of Congress that the availability of
funds for the Nuclear Cities Initiative in fiscal years after fiscal
year 2001 should be contingent upon--
(1) demonstrable progress in the programs carried out under
subsection (c), as determined utilizing the milestones required
under paragraph (3) of that subsection; and
(2) the development and implementation of the plan required
by subsection (d).
SEC. 4. SENSE OF CONGRESS ON THE ESTABLISHMENT OF A NATIONAL
COORDINATOR FOR NONPROLIFERATION MATTERS.
It is the sense of Congress that--
(1) there should be a National Coordinator for
Nonproliferation Matters to coordinate--
(A) the Nuclear Cities Initiative;
(B) the Initiatives for Proliferation Prevention
program;
(C) the Cooperative Threat Reduction programs;
(D) the materials protection, control, and
accounting programs; and
(E) the International Science and Technology
Center; and
(2) the position of National Coordinator for
Nonproliferation Matters should be similar, regarding
nonproliferation matters, to the position filled by designation
of the President under section 1441(a) of the Defense Against
Weapons of Mass Destruction Act of 1996 (title XIV of Public
Law 104-201; 110 Stat. 2727; 50 U.S.C. 2351(a)).
SEC. 5. DEFINITIONS.
In this Act:
(1) Nuclear city.--The term ``nuclear city'' means any of
the closed nuclear cities within the complex of the Russia
Ministry of Atomic Energy (MINATOM) as follows:
(A) Sarov (Arzamas-16 and Avangard).
(B) Zarechnyy (Penza-19).
(C) Novoural'sk (Sverdlovsk-44).
(D) Lesnoy (Sverdlovsk-45).
(E) Ozersk (Chelyabinsk-65).
(F) Snezhinsk (Chelyabinsk-70).
(G) Trechgornyy (Zlatoust-36).
(H) Seversk (Tomsk-7).
(I) Zhelenznogorsk (Krasnoyarsk-26).
(I) Zelenogorsk (Krasnoyarsk-45).
(2) Russian nuclear complex.--The term ``Russian Nuclear
Complex'' refers to all of the nuclear cities. | Urges the President to enter into negotiations with the Russian Federation for the Federation's development of a plan to restructure its nuclear complex in order to meet changes in Russian nuclear security requirements by 2010. Directs the Secretary to carry out a program to encourage students in the United States and the Russian Federation to pursue careers in nonproliferation.
Authorizes appropriations. Expresses the sense of Congress that availability of Initiative funds after FY 2001 should be contingent upon: (1) demonstrable progress in enhancing and accelerating Initiative activities; and (2) the development and implementation of Russia's nuclear restructuring plan.
Expresses the sense of Congress that: (1) there should be a National Coordinator for Nonproliferation Matters to coordinate various Federal nonproliferation programs, including the Initiative; and (2) such Coordinator position should be similar to the Coordinator position filled by the President under the Defense Against Weapons of Mass Destruction Act of 1996. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Assistance Authorization Act
of 2007''.
SEC. 2. LIMITATION ON USE OF AUTHORIZED AMOUNTS.
None of the amounts authorized by this Act may be used to lobby or
retain a lobbyist for the purpose of influencing a Federal, State, or
local governmental entity or officer.
SEC. 3. ASSISTANCE TO HOUSING ASSISTANCE COUNCIL.
(a) Use.--The Secretary of Housing and Urban Development may
provide financial assistance to the Housing Assistance Council for use
by such Council to develop the ability and capacity of community-based
housing development organizations to undertake community development
and affordable housing projects and programs in rural areas. Assistance
provided by the Secretary under this section may be used by the Housing
Assistance Council for--
(1) technical assistance, training, support, and advice to
develop the business and administrative capabilities of rural
community-based housing development organizations;
(2) loans, grants, or other financial assistance to rural
community-based housing development organizations to carry out
community development and affordable housing activities for
low- and moderate-income families; and
(3) such other activities as may be determined by the
Secretary and the Housing Assistance Council.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for financial assistance under this section for the
Housing Assistance Council--
(1) $5,000,000 for fiscal year 2008; and
(2) $10,000,000 for each of fiscal years 2009 and 2010.
SEC. 4. ASSISTANCE FOR RAZA DEVELOPMENT FUND.
(a) Use.--The Secretary of Housing and Urban Development may make a
grant to the Raza Development Fund for the purpose of providing
technical and financial assistance to local non-profit organizations to
undertake community development and affordable housing projects and
programs serving low- and moderate-income households, particularly
through organizations located in neighborhoods with substantial
populations of income-disadvantaged households of Hispanic origin.
Assistance provided by the Secretary under this section may be used by
the Raza Development Fund to--
(1) provide technical and financial assistance for site
acquisition and development, construction financing, and short-
and long-term financing for housing, community facilities, and
economic development;
(2) leverage capital from private entities, including
private financial institutions, insurance companies, and
private philanthropic organizations;
(3) provide technical assistance, training, support, and
advice to develop the management, financial, and administrative
capabilities of housing development organizations serving low-
income households, including Hispanic households; and
(4) conduct such other activities as may be determined by
the Secretary and the Raza Development Fund.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section--
(1) $5,000,000 for fiscal year 2008; and
(2) $10,000,000 for each of fiscal years 2009 and 2010.
SEC. 5. ASSISTANCE FOR THE HOUSING PARTNERSHIP NETWORK.
(a) Use.--The Secretary of Housing and Urban Development may make a
grant to the Housing Partnership Network (hereafter referred to as the
``Network'') for the purpose of creating, sustaining, and improving
access to affordable housing and community facilities that benefit very
low-, low- and moderate-income households and communities. Assistance
provided by the Secretary under this section may be used by the Network
to--
(1) make investments, loans, and grants to its member
nonprofits that demonstrate expertise in using such funds to
leverage additional private capital to build, operate, finance,
and sustain affordable housing and related community
development facilities;
(2) make investments in entities sponsored by the Network
with the intent to leverage additional private capital for the
purpose of furthering the production capacity, sustainability,
or efficiency of its members;
(3) pay for the necessary and reasonable expenses of the
Network to administer and oversee such investments, including
the cost of underwriting, managing the assets of the Network,
and reporting to the Secretary and other capital providers,
provided however, that such expenses do not exceed 6 percent of
any amounts made available pursuant to subsection (b); and
(4) conduct such other activities as may be determined by
the Secretary and the Network.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section--
(1) $5,000,000 for fiscal year 2008; and
(2) $10,000,000 for each of fiscal years 2009 and 2010.
SEC. 6. AUDITS AND REPORTS.
(a) Audit.--In any year in which an entity or organization
described under either section 3, 4, or 5 receives funds under this
Act, the Comptroller General of the United States shall--
(1) audit the financial transactions and activities of such
entity or organization only with respect to such funds so
received; and
(2) submit a report detailing such audit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives.
(b) GAO Report.--The Comptroller General of the United States shall
conduct a study and submit a report to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representative on the use of any funds
appropriated to an entity or organization described under either
section 3, 4, or 5 over the past 10 years.
SEC. 7. PERSONS NOT LAWFULLY PRESENT IN THE UNITED STATES.
None of the funds made available under this Act may be used to
provide direct housing assistance to any person not lawfully present in
the United States. | Housing Assistance Authorization Act of 2007 - (Sec. 2) Prohibits the use of funds authorized by this Act to lobby or retain a lobbyist to influence a federal, state, or local governmental entity or officer.
(Sec. 3) Authorizes the Secretary of Housing and Urban Development (HUD) to provide financial assistance to the Housing Assistance Council to develop the ability and capacity of community-based housing development organizations to undertake community development and affordable housing projects and programs in rural areas.
Authorizes the Housing Assistance Council to use such assistance for: (1) technical assistance, training, support, and advice to develop the business and administrative capabilities of rural community-based housing development organizations; and (2) loans, grants, or other financial assistance to such organizations to carry out community development and affordable housing activities for low- and moderate-income families.
Authorizes appropriations for FY2008-FY2010.
(Sec. 4) Authorizes the Secretary also to make a grant to the Raza Development Fund to provide technical and financial assistance to local nonprofit organizations to undertake similar projects and programs serving low- and moderate-income households, particularly through organizations in neighborhoods with substantial populations of income-disadvantaged households of Hispanic origin.
Authorizes the Fund to use such assistance to: (1) provide technical and financial assistance for site acquisition and development, construction financing, and short- and long-term financing for housing, community facilities, and economic development; (2) leverage capital from private entities; and (3) provide technical assistance, training, support, and advice to develop the management, financial, and administrative capabilities of housing development organizations serving such low-income households.
Authorizes appropriations for FY2008-FY2010.
(Sec. 5) Authorizes the Secretary to make a grant to the Housing Partnership Network to create, sustain, and improve access to affordable housing and community facilities benefiting very low-, low- and moderate-income households and communities.
Authorizes the Network to use such assistance to: (1) make investments, loans, and grants to its member nonprofits that demonstrate expertise in using such funds to leverage additional private capital to build, operate, finance, and sustain affordable housing and related community development facilities; (2) make investments in entities sponsored by the Network with the intent to leverage additional private capital to further the production capacity, sustainability, or efficiency of its members; and (3) pay for the expenses of the Network to administer and oversee such investments.
Authorizes appropriations for FY2008-FY2010.
Directs the Comptroller General to audit entities or organizations receiving such funds.
(Sec. 7) Prohibits the use of such funds to provide direct housing assistance to any person not lawfully present in the United States. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Remittance Services
Enhancement and Protection Act of 2003''.
SEC. 2. FEDERAL CREDIT UNION ACT AMENDMENT.
Paragraph (12) of section 107 of the Federal Credit Union Act (12
U.S.C. 1757(12)) is amended to read as follows:
``(12) in accordance with regulations prescribed by the
Board--
``(A) to sell or provide for a fee negotiable
checks (including travelers checks), money orders,
international money transfer services, and other
similar money transfer instruments and services; and
``(B) to cash checks and money orders;''.
SEC. 3. DISCLOSURES REQUIRED.
(a) Regulations.--Subject to paragraph (2), the appropriate Federal
agencies shall jointly prescribe regulations that require any financial
institution or money transmitting business which initiates an
international money transfer on behalf of a consumer (whether or not
the consumer maintains an account at such institution or business) to
provide the following disclosures to the consumer before the
consummation of the transaction:
(1) Any fees to be charged to the recipient, including any
exchange rate or currency conversion fees.
(2) A final itemization of all costs to the consumer, which
would include all fees charged, for the remittance.
(3) The exact amount of foreign currency to be received by
the recipient in the foreign country.
(b) Language Requirement.--The disclosures required under
subsection (a) shall be in English and in any other language used by
the financial institution or money transmitting business, or any of its
agents, to advertise, solicit, or negotiate, either orally or in
writing, at the office of the institution or business at which the
international money transfer is initiated.
(c) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Appropriate federal agency.--The term ``appropriate
Federal agency'' means--
(A) the appropriate Federal banking agency, in the
case of any insured depository institution;
(B) the National Credit Union Administration, in
the case of any insured credit union; and
(C) the Federal Trade Commission, in the case of
any financial institution or money transmitting
business that is not an insured depository institution
or insured credit union.
(2) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' has the same meaning as
in section 3 of the Federal Deposit Insurance Act;
(3) Insured credit union.--The term ``insured credit
union'' has the same meaning as in section 101 of the Federal
Credit Union Act;
(4) Insured depository institution.--The term ``insured
depository institution'' has the same meaning as in section 3
of the Federal Deposit Insurance Act;
(5) International money transfer.--The term ``international
money transfer'' means any money transmitting service
originating in the United States and involving an international
transaction which is provided by a financial institution or a
money transmitting business.
(6) Money transmitting service.--The term ``money
transmitting service'' has the same meaning as in section
5330(d)(2) of title 31, United States Code.
(7) Money transmitting business.--The term ``money
transmitting business'' means any business which--
(A) provides check cashing, currency exchange, or
money transmitting or remittance services, or issues or
redeems money orders, travelers' checks, and other
similar instruments; and
(B) is not a depository institution (as defined in
section 5313(g) of title 31, United States Code).
(d) Administrative Enforcement.--
(1) Depository institutions.--
(A) In general.--Compliance with the requirements
imposed under this section shall be enforced under--
(i) section 8 of the Federal Deposit
Insurance Act, in the case of an insured
depository institution, by the appropriate
Federal banking agency; and
(ii) the Federal Credit Union Act, in the
case of any insured credit union (as defined in
section 101 of the Federal Credit Union Act),
by the National Credit Union Administration.
(B) Applicability of other laws.--
(i) Violations of this section.--For the
purpose of the exercise by any agency referred
to in subparagraph (A) of its powers under any
Act referred to in that subparagraph, a
violation of any requirement imposed under this
section shall be deemed to be a violation of a
requirement imposed under that Act.
(ii) Other authority.--In addition to its
powers under any provision of law specifically
referred to in subparagraph (A), each of the
agencies referred to in such subparagraph may
exercise, for the purpose of enforcing
compliance with any requirement imposed under
this section, any other authority conferred on
it by law.
(2) Other money transmitting businesses.--
(A) Appropriate federal regulator.--Except to the
extent that enforcement of the requirements imposed
under this section is specifically committed to some
other Government agency under paragraph (1), the
Federal Trade Commission shall enforce such
requirements.
(B) Applicability of other laws.--
(i) Violations of this section.--For the
purpose of the exercise by the Federal Trade
Commission of its functions and powers under
the Federal Trade Commission Act, a violation
of any requirement imposed under this section
shall be deemed a violation of a requirement
imposed under that Act.
(ii) Other authority.--All of the functions
and powers of the Federal Trade Commission
under the Federal Trade Commission Act are
available to the Commission to enforce
compliance by any person subject to the
jurisdiction of the Commission with the
requirements imposed under this section,
irrespective of whether that person is engaged
in commerce or meets any other jurisdictional
tests in the Federal Trade Commission Act.
(e) Effective Date.--This section shall apply to any international
money transfer initiated in the United States after the end of the 3-
month period beginning on the date of enactment of this Act. | International Remittance Services Enhancement and Protection Act of 2003 - Amends the Federal Credit Union Act to repeal the limitation on the authority of Federal credit unions to sell negotiable checks (including travelers checks), money orders, and other similar money transfer instruments and services to, as well as cash checks and money orders for, members only. (Thus allows Federal credit unions to perform such services for anyone.) Adds international money transfer services to the list of such services.
Directs the appropriate Federal agencies to jointly prescribe regulations that require any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer to disclose the following: (1) any fees charged to the recipient, including exchange rate or currency conversion fees; (2) a final itemization of all costs to the consumer, including all fees charged for the remittance; and (3) the exact amount of foreign currency to be received by the recipient in the foreign country.
Requires such disclosures to be in English and in any other language used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at the office of the institution or business at which the international money transfer is initiated.
Grants the Federal Trade Commission enforcement powers with respect to any financial institution or money transmitting business that is not an insured depository institution or insured credit union. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Relief for Long-Term Care Act of
2008''.
SEC. 2. CREDIT FOR LONG-TERM CARE INSURANCE PREMIUMS AND FOR TAXPAYERS
WITH LONG-TERM CARE NEEDS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. CREDIT FOR LONG-TERM CARE INSURANCE PREMIUMS AND FOR
TAXPAYERS WITH LONG-TERM CARE NEEDS.
``(a) Allowance of Credit.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an
amount equal to the sum of--
``(A) eligible long-term care premiums (as defined
in section 213(d)(10)) paid during the taxable year for
coverage for the taxpayer and the taxpayer's spouse and
dependents under a qualified long-term care insurance
contract (as defined in section 7702B(b)); and
``(B) the long-term care amount multiplied by the
number of applicable individuals with respect to whom
the taxpayer is an eligible caregiver for the taxable
year.
``(2) Long-term care amount.--For purposes of paragraph
(1), the long-term care amount shall be determined in
accordance with the following table:
``For taxable years The long-term
beginning in calender year-- care amount is--
2009............................................... $1,000
2010............................................... $1,500
2011............................................... $2,000
2012............................................... $2,500
2013 or thereafter................................. $3,000.
``(b) Limitation Based on Adjusted Gross Income.--
``(1) In general.--The amount of the credit allowable under
subsection (a) shall be reduced (but not below zero) by $100
for each $1,000 (or fraction thereof) by which the taxpayer's
modified adjusted gross income exceeds the threshold amount.
For purposes of the preceding sentence, the term `modified
adjusted gross income' means adjusted gross income increased by
any amount excluded from gross income under section 911, 931,
or 933.
``(2) Threshold amount.--For purposes of paragraph (1), the
term `threshold amount' means--
``(A) $150,000 in the case of a joint return, and
``(B) $75,000 in any other case.
``(3) Coordination.--For purposes of this section, the
reduction under paragraph (1) shall be treated as first being a
reduction in the long-term care amount to the extent thereof.
``(4) Indexing.--In the case of any taxable year beginning
in a calendar year after 2009, each dollar amount contained in
paragraph (2) shall be increased by an amount equal to the
product of--
``(A) such dollar amount, and
``(B) the medical care cost adjustment determined
under section 213(d)(10)(B)(ii) for the calendar year
in which the taxable year begins, determined by
substituting `August 2008' for `August 1996' in
subclause (II) thereof.
If any increase determined under the preceding sentence is not
a multiple of $50, such increase shall be rounded to the next
lowest multiple of $50.
``(c) Definitions.--For purposes of this section--
``(1) Applicable individual.--
``(A) In general.--The term `applicable individual'
means, with respect to any taxable year, any individual
who has been certified, before the due date for filing
the return of tax for the taxable year (without
extensions), by a physician (as defined in section
1861(r)(1) of the Social Security Act) as being an
individual with long-term care needs described in
subparagraph (B) for a period--
``(i) which is at least 180 consecutive
days, and
``(ii) a portion of which occurs within the
taxable year.
Notwithstanding the preceding sentence, a certification
shall not be treated as valid unless it is made within
the 39\1/2\ month period ending on such due date (or
such other period as the Secretary prescribes).
``(B) Individuals with long-term care needs.--An
individual is described in this subparagraph if the
individual meets any of the following requirements:
``(i) The individual is at least 6 years of
age and--
``(I) is unable to perform (without
substantial assistance from another
individual) at least 3 activities of
daily living (as defined in section
7702B(c)(2)(B)) due to a loss of
functional capacity, or
``(II) requires substantial
supervision to protect such individual
from threats to health and safety due
to severe cognitive impairment and is
unable to preform, without reminding or
cuing assistance, at least 1 activity
of daily living (as so defined) or to
the extent provided in regulations
prescribed by the Secretary (in
consultation with the Secretary of
Health and Human Services), is unable
to engage in age appropriate
activities.
``(ii) The individual is at least 2 but not
6 years of age and is unable due to a loss of
functional capacity to perform (without
substantial assistance from another individual)
at least 2 of the following activities: eating,
transferring, or mobility.
``(iii) The individual is under 2 years of
age and requires specific durable medical
equipment by reason of a severe health
condition or requires a skilled practitioner
trained to address the individual's condition
to be available if the individual's parents or
guardians are absent.
``(2) Eligible caregiver.--
``(A) In general.--A taxpayer shall be treated as
an eligible caregiver for any taxable year with respect
to the following individuals:
``(i) The taxpayer.
``(ii) The taxpayer's spouse.
``(iii) An individual with respect to whom
the taxpayer is allowed a deduction under
section 151(c) for the taxable year.
``(iv) An individual who would be described
in clause (iii) for the taxable year if the
requirements of subparagraph (B) are met with
respect to the individual in lieu of the
support test under subsection (c)(1)(D) or
(d)(1)(C) of section 152.
``(B) Residency test.--The requirements of this
subparagraph are met if an individual has as his
principal place of abode the home of the taxpayer and--
``(i) in the case of an individual who is
an ancestor or descendant of the taxpayer or
the taxpayer's spouse, is a member of the
taxpayer's household for over half the taxable
year, or
``(ii) in the case of any other individual,
is a member of the taxpayer's household for the
entire taxable year.
``(C) Special rules where more than 1 eligible
caregiver.--
``(i) In general.--If more than 1
individual is an eligible caregiver with
respect to the same applicable individual for
taxable years ending with or within the same
calendar year, a taxpayer shall be treated as
the eligible caregiver if each such individual
(other than the taxpayer) files a written
declaration (in such form and manner as the
Secretary may prescribe) that such individual
will not claim such applicable individual for
the credit under this section.
``(ii) No agreement.--If each individual
required under clause (i) to file a written
declaration under clause (i) does not do so,
the individual with the highest adjusted gross
income shall be treated as the eligible
caregiver.
``(iii) Married individuals filing
separately.--In the case of married individuals
filing separately, the determination under this
subparagraph as to whether the husband or wife
is the eligible caregiver shall be made under
the rules of clause (ii) (whether or not one of
them has filed a written declaration under
clause (i)).
``(d) Identification Requirement.--No credit shall be allowed under
this section to a taxpayer with respect to any applicable individual
unless the taxpayer includes the name and taxpayer identification
number of such individual, and the identification number of the
physician certifying such individual, on the return of tax for the
taxable year.
``(e) Taxable Year Must Be Full Taxable Year.--Except in the case
of a taxable year closed by reason of the death of the taxpayer, no
credit shall be allowable under this section in the case of a taxable
year covering a period of less than 12 months.
``(f) Coordination With Other Deductions.--Any amount paid by a
taxpayer for any qualified long-term care insurance contract to which
subsection (a) applies shall not be taken into account in computing the
amount allowable to the taxpayer as a deduction under section 162(l) or
213(a).''.
(b) Conforming Amendments.--
(1) Section 6213(g)(2) of such Code is amended by striking
``and'' at the end of subparagraph (L), by striking the period
at the end of subparagraph (M) and inserting ``, and'', and by
inserting after subparagraph (M) the following new
subparagraph:
``(N) an omission of a correct TIN or physician
identification required under section 25E(d) (relating
to credit for taxpayers with long-term care needs) to
be included on a return.''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25D the following new item:
``Sec. 25E. Credit for long-term care insurance premiums and for
taxpayers with long-term care needs.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | Tax Relief for Long-Term Care Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for long-term care insurance premiums and for care provided by a caregiver to a family member or dependent with long-term care needs who resides with such caregiver. Phases in a maximum credit amount of $3,000 between 2009 and 2013. Reduces such credit amount for a taxpayer whose adjusted gross income exceeds $75,000 ($150,000 in the case of a joint return). | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Land Disposal Program Flexibility
Act of 1996''.
SEC. 2. LAND DISPOSAL RESTRICTIONS.
Section 3004(g) of the Solid Waste Disposal Act is amended by
adding after paragraph (6) the following:
``(7) Solid waste identified as hazardous based solely on one
or more characteristics shall not be subject to this subsection,
any prohibitions under subsection (d), (e), or (f), or any
requirement promulgated under subsection (m) (other than any
applicable specific methods of treatment, as provided in paragraph
(8)) if the waste--
``(A) is treated in a treatment system that subsequently
discharges to waters of the United States pursuant to a permit
issued under section 402 of the Federal Water Pollution Control
Act (commonly known as the ``Clean Water Act'') (33 U.S.C.
1342), treated for the purposes of the pretreatment
requirements of section 307 of the Clean Water Act (33 U.S.C.
1317), or treated in a zero discharge system that, prior to any
permanent land disposal, engages in treatment that is
equivalent to treatment required under section 402 of the Clean
Water Act (33 U.S.C. 1342) for discharges to waters of the
United States, as determined by the Administrator; and
``(B) no longer exhibits a hazardous characteristic prior
to management in any land-based solid waste management unit.
``(8) Solid waste that otherwise qualifies under paragraph (7)
shall nevertheless be required to meet any applicable specific
methods of treatment specified for such waste by the Administrator
under subsection (m), including those specified in the rule
promulgated by the Administrator June 1, 1990, prior to management
in a land-based unit as part of a treatment system specified in
paragraph (7)(A). No solid waste may qualify under paragraph (7)
that would generate toxic gases, vapors, or fumes due to the
presence of cyanide when exposed to pH conditions between 2.0 and
12.5.
``(9) Solid waste identified as hazardous based on one or more
characteristics alone shall not be subject to this subsection, any
prohibitions under subsection (d), (e), or (f), or any requirement
promulgated under subsection (m) if the waste no longer exhibits a
hazardous characteristic at the point of injection in any Class I
injection well permitted under section 1422 of title XIV of the
Public Health Service Act (42 U.S.C. 300h-1).
``(10) Not later than five years after the date of enactment of
this paragraph, the Administrator shall complete a study of
hazardous waste managed pursuant to paragraph (7) or (9) to
characterize the risks to human health or the environment
associated with such management. In conducting this study, the
Administrator shall evaluate the extent to which risks are
adequately addressed under existing State or Federal programs and
whether unaddressed risks could be better addressed under such laws
or programs. Upon receipt of additional information or upon
completion of such study and as necessary to protect human health
and the environment, the Administrator may impose additional
requirements under existing Federal laws, including subsection
(m)(1), or rely on other State or Federal programs or authorities
to address such risks. In promulgating any treatment standards
pursuant to subsection (m)(1) under the previous sentence, the
Administrator shall take into account the extent to which treatment
is occurring in land-based units as part of a treatment system
specified in paragraph (7)(A).
``(11) Nothing in paragraph (7) or (9) shall be interpreted or
applied to restrict any inspection or enforcement authority under
the provisions of this Act.''.
SEC. 3. GROUND WATER MONITORING.
(a) Amendment of Solid Waste Disposal Act.--Section 4010(c) of the
Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended as follows:
(1) By striking ``Criteria.--Not later'' and inserting the
following: ``Criteria.--
``(1) In general.--Not later''.
(2) By adding at the end the following new paragraphs:
``(2) Additional revisions.--Subject to paragraph (3), the
requirements of the criteria described in paragraph (1) relating to
ground water monitoring shall not apply to an owner or operator of
a new municipal solid waste landfill unit, an existing municipal
solid waste landfill unit, or a lateral expansion of a municipal
solid waste landfill unit, that disposes of less than 20 tons of
municipal solid waste daily, based on an annual average, if--
``(A) there is no evidence of ground water contamination
from the municipal solid waste landfill unit or expansion; and
``(B) the municipal solid waste landfill unit or expansion
serves--
``(i) a community that experiences an annual
interruption of at least 3 consecutive months of surface
transportation that prevents access to a regional waste
management facility; or
``(ii) a community that has no practicable waste
management alternative and the landfill unit is located in
an area that annually receives less than or equal to 25
inches of precipitation.
``(3) Protection of ground water resources.--
``(A) Monitoring requirement.--A State may require ground
water monitoring of a solid waste landfill unit that would
otherwise be exempt under paragraph (2) if necessary to protect
ground water resources and ensure compliance with a State
ground water protection plan, where applicable.
``(B) Methods.--If a State requires ground water monitoring
of a solid waste landfill unit under subparagraph (A), the
State may allow the use of a method other than the use of
ground water monitoring wells to detect a release of
contamination from the unit.
``(C) Corrective action.--If a State finds a release from a
solid waste landfill unit, the State shall require corrective
action as appropriate.
``(4) No-migration exemption.--
``(A) In general.--Ground water monitoring requirements may
be suspended by the Director of an approved State for a
landfill operator if the operator demonstrates that there is no
potential for migration of hazardous constituents from the unit
to the uppermost aquifer during the active life of the unit and
the post-closure care period.
``(B) Certification.--A demonstration under subparagraph
(A) shall be certified by a qualified ground-water scientist
and approved by the Director of an approved State.
``(C) Guidance.--Not later than 6 months after the date of
enactment of this paragraph, the Administrator shall issue a
guidance document to facilitate small community use of the no
migration exemption under this paragraph.
``(5) Alaska native villages.--Upon certification by the
Governor of the State of Alaska that application of the
requirements described in paragraph (1) to a solid waste landfill
unit of a Native village (as defined in section 3 of the Alaska
Native Claims Settlement Act (16 U.S.C. 1602)) or unit that is
located in or near a small, remote Alaska village would be
infeasible, or would not be cost-effective, or is otherwise
inappropriate because of the remote location of the unit, the State
may exempt the unit from some or all of those requirements. This
paragraph shall apply only to solid waste landfill units that
dispose of less than 20 tons of municipal solid waste daily, based
on an annual average.
``(6) Further revisions of guidelines and criteria.--
Recognizing the unique circumstances of small communities, the
Administrator shall, not later than two years after enactment of
this provision promulgate revisions to the guidelines and criteria
promulgated under this subtitle to provide additional flexibility
to approved States to allow landfills that receive 20 tons or less
of municipal solid waste per day, based on an annual average, to
use alternative frequencies of daily cover application, frequencies
of methane gas monitoring, infiltration layers for final cover, and
means for demonstrating financial assurance: Provided, That such
alternative requirements take into account climatic and
hydrogeologic conditions and are protective of human health and
environment.''.
(b) Reinstatement of Regulatory Exemption.--It is the intent of
section 4010(c)(2) of the Solid Waste Disposal Act, as added by
subsection (a), to immediately reinstate subpart E of part 258 of title
40, Code of Federal Regulations, as added by the final rule published
at 56 Federal Register 50798 on October 9, 1991.
SEC. 4. TECHNICAL CORRECTIONS TO SOLID WASTE DISPOSAL ACT.
The Solid Waste Disposal Act is amended as follows:
(1) In section 3001(d)(5) by striking ``under section 3001''
and inserting ``under this section''.
(2) By inserting a semicolon at the end of section
3004(q)(1)(C).
(3) In section 3004(g), by striking ``subparagraph (A) through
(C)'' in paragraph (5) and inserting ``subparagraphs (A) through
(C)''.
(4) In section 3004(r)(2)(C), by striking ``pertroleum-
derived'' and inserting ``petroleum-derived''.
(5) In section 3004(r)(3) by inserting after ``Standard'' the
word ``Industrial''.
(6) In section 3005(a), by striking ``polycholorinated'' and
inserting ``polychlorinated''.
(7) In section 3005(e)(1), by inserting a comma at the end of
subparagraph (C).
(8) In section 4007(a), by striking ``4003'' in paragraphs (1)
and (2)(A) and inserting ``4003(a)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Land Disposal Program Flexibility Act of 1996 - Amends the Solid Waste Disposal Act (SWDA) to exempt from land disposal restrictions (other than requirements pertaining to applicable specific methods of treatment promulgated by the Administrator of the Environmental Protection Agency under SWDA) solid waste identified as hazardous based solely on one or more characteristics if such waste: (1) is treated in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under the Federal Water Pollution Control Act (Clean Water Act), undergoes pretreatment for purposes of compliance with toxic and pretreatment effluent standards of such Act, or is treated in a zero-discharge system that the Administrator determines to be engaging in Clean Water Act-equivalent treatment; (2) no longer exhibits such characteristic prior to land disposal; (3) has met any applicable specific method of treatment promulgated by the Administrator, including those specified in the rule promulgated by the Administrator on June 1, 1990, prior to management in a land-based unit as part of a treatment system specified in clause (1) above; and (4) would not generate toxic gases, vapors, or fumes due to the presence of cyanide at the point of generation when exposed to pH conditions of a specified range.
Amends SWDA to exempt from land disposal restrictions solid waste identified as hazardous based on one or more characteristics alone if the waste no longer exhibits a hazardous characteristic at the point of injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act.
Requires the Administrator to conduct a study of hazardous waste managed in accordance with this Act to characterize the risks to human health or the environment associated with such management, upon completion of which the Administrator may impose additional requirements or rely upon other State or Federal programs or authorities to address such risks.
(Sec. 3) Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if: (1) there is no evidence of groundwater contamination from such units or expansions; and (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less.
Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan.
Allows the suspension of groundwater monitoring requirements if a landfill operator demonstrates that there is no potential for migration of hazardous constituents from the unit to the uppermost aquifer during the active life of the unit and the post-closure care period. Allows the State of Alaska to exempt units of Alaska Native villages or located in or near small, remote Alaska villages from some or all of such requirements if such requirements would be infeasible, would not be cost-effective, or would be inappropriate because of the unit's remote location. Applies this exemption only to landfills that dispose of less than 20 tons of municipal solid waste daily.
Directs the Administrator to promulgate revisions to provide additional flexibility to approved States to allow landfills that receive no more than 20 tons of municipal solid waste daily to use alternative frequencies of daily cover application and methane gas monitoring, infiltration layers for final cover, and means for demonstrating financial assurance, provided such alternative requirements take into account climatic and hydrogeologic conditions and protect human health and the environment.
Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hardship Outlays to protect
Mortgagee Equity (HOME) Act''.
SEC. 2. WAIVER OF TAX ON EARLY DISTRIBUTIONS FROM CERTAIN RETIREMENT
PLANS FOR MORTGAGE PAYMENTS WITH RESPECT TO A PRINCIPAL
RESIDENCE.
(a) In General.--Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(H) Distributions for principal residence
mortgage payments.--Distributions to an individual
which are qualified principal residence mortgage
payment distributions (as defined in paragraph (9)).
Distributions shall not be taken into account under the
preceding sentence if such distributions are described
in subparagraph (A), (C), (D), (E), or (F) or to the
extent paragraph (1) does not apply to such
distributions by reason of subparagraph (B).''.
(b) Qualified Principal Residence Mortgage Payment Distributions.--
Subsection (t) of section 72 of such Code is amended by redesignating
paragraphs (9) and (10) as paragraphs (10) and (11), respectively, and
by inserting after paragraph (8) the following new paragraph:
``(9) Qualified principal residence mortgage payment
distributions.--
``(A) In general.--For purposes of paragraph
(2)(H), the term `qualified principal residence
mortgage payment distribution' means any payment or
distribution received by an individual to the extent
such payment or distribution is used by the individual
before the close of the 120th day after the day on
which such payment or distribution is received to pay
qualified mortgage costs with respect to a principal
residence (within the meaning of section 121) of such
individual or the spouse of such individual.
``(B) Aggregate lifetime dollar limitation.--The
aggregate amount of payments or distributions received
by an individual which may be treated as qualified
principal residence mortgage payment distributions for
any taxable year shall not exceed the excess (if any)
of--
``(i) $50,000, over
``(ii) the aggregate amounts treated as
qualified principal residence mortgage payment
distributions with respect to such individual
for all prior taxable years.
``(C) Plan dollar limitation.--The aggregate amount
of payments or distributions received by an individual
which may be treated as qualified principal residence
mortgage payment distributions with respect to any
qualified retirement plan (as defined in section
4974(c)) for any taxable year shall not exceed one-half
the present value of the nonforfeitable accrued benefit
of the individual under the plan (determined as of the
beginning of such taxable year).
``(D) Qualified mortgage costs.--For purposes of
this paragraph, the term `qualified mortgage costs'
means amounts paid as principal or interest on
acquisition indebtedness, as defined in section
163(h)(3)(B), except that--
``(i) the dollar limitation of clause (ii)
of such section shall not apply, and
``(ii) any reference to a qualified
residence shall be treated as a reference to
the principal residence referred to in
subparagraph (A).''.
(c) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) of such Code is amended by
striking ``or'' at the end of subclause (IV), by striking
``and'' at the end of subclause (V) and inserting ``or'', and
by adding at the end the following new subclause:
``(VI) in the case of a qualified
principal residence mortgage payment
distribution (as defined in section
72(t)(9)), the date of such
distribution, and''.
(2) Paragraphs (7)(A)(ii) and (11)(C) of section 403(b) of
such Code are each amended by striking ``section 72(t)(2)(G)''
and inserting ``subparagraph (G) or (H) of section 72(t)''.
(d) Effective Date.--The amendments made by this section shall
apply to distributions made in taxable years ending after the date of
the enactment of this Act. | Hardship Outlays to protect Mortgagee Equity (HOME) Act - Amends the Internal Revenue Code to allow taxpayers to withdraw amounts from their tax-exempt pension and retirement plans, without incurring the 10% penalty otherwise imposed on such withdrawals, to make mortgage payments on their principal residences. | [
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SECTION 1. FINDINGS.
Congress finds that--
(1) among its purposes, the Act entitled ``An Act to provide
for the equalization of allotments on the Agua Caliente (Palm
Springs) Reservation in California, and for other purposes'',
approved September 21, 1959, commonly known as the ``Agua Caliente
Equalization Act of 1959'' (25 U.S.C. 951 et seq.) (referred to in
this section as the ``Act'') was intended to provide for a
reasonable degree of equalization of the value of allotments made
to members of the Agua Caliente Band of Cahuilla Indians;
(2) the Act was enacted in response to litigation in Federal
courts in Segundo, et al. v. United States, 123 F. Supp. 554
(1954);
(3) the case referred to in paragraph (2) was appealed under
the case name United States v. Pierce, 235 F. 2d 885 (1956) and
that case affirmed the entitlement of certain members of the Band
to allotments of approximately equal value to lands allotted to
other members of the Band;
(4)(A) to achieve the equalization referred to in paragraph
(3), section 3 of the Act (25 U.S.C. 953) provided for the
allotment or sale of all remaining tribal lands, with the exception
of several specifically designated parcels, including 2 parcels in
the Mineral Springs area known as parcel A and parcel B;
(B) section 3 of the Act restricted the distribution of any net
rents, profits, or other revenues derived from parcel B to members
of the Band and their heirs entitled to equalization of the value
of the allotments of those members;
(C) from 1959 through 1984, each annual budget of the Band, as
approved by the Bureau of Indian Affairs, provided for expenditure
of all revenues derived from both parcel A and parcel B solely for
tribal governmental purposes; and
(D) as a result of the annual budgets referred to in
subparagraph (C), no net revenues from parcel B were available for
distribution to tribal members entitled to equalization under
section 3 of the Act referred to in paragraph (1);
(5) by letter of December 6, 1961, the Director of the
Sacramento Area Office of the Bureau of Indian Affairs informed the
regional solicitor of the Bureau of Indian Affairs that the
equalization of allotments on the Agua Caliente Reservation with
respect to those members of the Band who were eligible for
equalization had been completed using all available excess tribal
land in a manner consistent with--
(A) the decree of the court in the case referred to in
paragraph (2); and
(B) the Act;
(6) in 1968, the files of the Department of the Interior with
respect to the case referred to in paragraph (3), the closure of
which was contingent upon completion of the equalization program,
were retired to the Federal Record Center, where they were
subsequently destroyed;
(7) on March 16, 1983, the Secretary of the Interior published
notice in the Federal Register that full equalization had been
achieved within the meaning of section 7 of the Act (25 U.S.C.
957);
(8) section 7 of the Act states that ``allotments in accordance
with the provisions of this Act shall be deemed complete and full
equalization of allotments on the Agua Caliente Reservation''; and
(9) the regulations governing the equalization of allotments
under the Act referred to in paragraph (1) were rescinded by the
Secretary, effective March 31, 1983.
SEC. 2. DEFINITIONS.
In this Act:
(1) Band.--The term ``Band'' means the Agua Caliente Band.
(2) Parcel b.--The term ``parcel B'' means the parcel of land
in the Mineral Springs area referred to as ``parcel B'' in section
3(b) of the Act entitled ``An Act to provide for the equalization
of allotments on the Agua Caliente (Palm Springs) Reservation in
California, and for other purposes'', approved September 21, 1959,
commonly known as the ``Agua Caliente Equalization Act of 1959''
(25 U.S.C. 953(b)).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. EQUALIZATION OF ALLOTMENTS.
(a) In General.--The full equalization of allotments within the
meaning of section 7 of the Act entitled ``An Act to provide for the
equalization of allotments on the Agua Caliente (Palm Springs)
Reservation in California, and for other purposes'', approved September
21, 1959, commonly known as the ``Agua Caliente Equalization Act of
1959'' (25 U.S.C. 957) is deemed to have been completed.
(b) Expiration of Entitlement.--By reason of the achievement of the
full equalization of allotments described in subsection (a), the
entitlement of holders of equalized allotments to distribution of net
revenues from parcel B under section 3(b) of the Act entitled ``An Act
to provide for the equalization of allotments on the Agua Caliente
(Palm Springs) Reservation in California, and for other purposes'',
approved September 21, 1959, commonly known as the ``Agua Caliente
Equalization Act of 1959'' (25 U.S.C. 953(b)) shall be deemed to have
expired.
SEC. 4. REMOVAL OF RESTRICTION.
(a) In General.--The fourth undesignated paragraph in section 3(b)
of the Act entitled ``An Act to provide for the equalization of
allotments on the Agua Caliente (Palm Springs) Reservation in
California, and for other purposes'', approved September 21, 1959,
commonly known as the ``Agua Caliente Equalization Act of 1959'' (25
U.S.C. 953(b)), is amended by striking ``east: Provided,'' and all that
follows through the end of the paragraph and inserting ``east.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply as if this section had been enacted on March 31, 1983.
(c) Subsequent Distributions.--Any per capita distribution of
tribal revenues of the Band made after the date of enactment of this
Act shall be made to all members of the Band in equal amounts.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Deems: (1) the full equalization of allotments under the Agua Caliente Equalization Act of 1959 to have been completed; and (2) the entitlement of holders of equalized allotments to distribution of net revenues from parcel B under such Act to have expired.
Amends Federal law relating to the Agua Caliente (Palm Springs) Reservation in California to repeal the restriction on the distribution of net rents, profits, and other revenues from the Mineral Springs parcel to certain members of the Agua Caliente Band of Cahuilla Indians. Makes such repeal applicable as if enacted on March 31, 1983. Provides for any per capita distribution of tribal revenues to be made to all members of the Band in equal amounts. | [
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SECTION 1. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) undertake the necessary measures to deny the Cuban
regime the financial resources to engage in activities that
threaten--
(A) United States national security, its interests
and its allies;
(B) the environment and natural resources of the
submerged lands of Cuba's northern coast and Florida's
unique maritime environment; and
(C) that prolong the dictatorship that oppresses
the Cuban people; and
(2) deter foreign investments that would enhance the
ability of the Cuban regime to develop its petroleum resources.
SEC. 2. EXCLUSION OF CERTAIN ALIENS.
(a) In General.--The Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is amended by inserting
after section 401 the following:
``SEC. 402. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO CONTRIBUTE
TO THE ABILITY OF CUBA TO DEVELOP PETROLEUM RESOURCES OFF
OF CUBA'S NORTHERN COAST.
``(a) In General.--The Secretary of State shall deny a visa to, and
the Secretary of Homeland Security shall exclude from the United
States, any alien who the Secretary of State determines is a person
who--
``(1) is an officer or principal of an entity, or a
shareholder who owns a controlling interest in an entity, that,
on or after May 2, 2006, makes an investment that equals or
exceeds $1,000,000 (or any combination of investments that in
the aggregate equals or exceeds $1,000,000 in any 12-month
period), that contributes to the enhancement of Cuba's ability
to develop petroleum resources of the submerged lands of Cuba's
northern coast; or
``(2) is a spouse, minor child, or agent of a person
described in paragraph (1).
``(b) Waiver.--The Secretary of State may waive the application of
subsection (a) if the Secretary certifies and reports to the
appropriate congressional committees, on a case-by-case basis, that the
admission to the United States of a person described in subsection
(a)--
``(1) is necessary for critical medical reasons or for
purposes of litigation of an action under title III; or
``(2) is appropriate if the requirements of sections 203,
204, and 205 have been satisfied.
``(c) Definitions.--In this section:
``(1) Develop.--The term `develop', with respect to
petroleum resources, means the exploration for, or the
extraction, refining, or transportation by pipeline or other
means of, petroleum resources.
``(2) Investment.--The term `investment' means any of the
following activities if such activity is undertaken pursuant to
an agreement, or pursuant to the exercise of rights under such
an agreement, that is entered into with the Government of Cuba
(or any agency or instrumentality thereof) or a nongovernmental
entity in Cuba, on or after May 2, 2006:
``(A) The entry into a contract that includes
responsibility for the development of petroleum
resources of the submerged lands of Cuba's northern
coast, or the entry into a contract providing for the
general supervision and guarantee of another person's
performance of such a contract.
``(B) The purchase of a share of ownership,
including an equity interest, in that development.
``(C) The entry into a contract providing for the
participation in royalties, earnings, or profits in
that development, without regard to the form of the
participation.
``(D) The entry into, performance, or financing of
a contract to sell or purchase goods, services, or
technology related to that development.
``(3) Petroleum resources.--The term `petroleum resources'
includes petroleum and natural gas resources.''.
(b) Effective Date.--The amendment made by this section applies to
aliens seeking admission to the United States on or after the date of
the enactment of this Act.
SEC. 3. IMPOSITION OF SANCTIONS.
(a) In General.--The President shall impose two or more of the
sanctions described in subsection (b) if the President determines that
a person has, on or after May 2, 2006, made an investment that equals
or exceeds $1,000,000 (or any combination of investments that in the
aggregate equals or exceeds $1,000,000 in any 12-month period) that
contributes to the enhancement of Cuba's ability to develop petroleum
resources of the submerged lands of Cuba's northern coast.
(b) Sanctions Described.--The sanctions to be imposed on a
sanctioned person under this section are as follows:
(1) Export-import bank assistance for exports to sanctioned
persons.--The President may direct the Export-Import Bank of
the United States not to give approval to the issuance of any
guarantee, insurance, extension of credit, or participation in
the extension of credit in connection with the export of any
goods or services to any sanctioned person.
(2) Export sanction.--The President may order the United
States Government not to issue any specific license and not to
grant any other specific permission or authority to export any
goods or technology to a sanctioned person under--
(A) the Export Administration Act of 1979;
(B) the Arms Export Control Act;
(C) the Atomic Energy Act of 1954; or
(D) any other statute that requires the prior
review and approval of the United States Government as
a condition for the export or reexport of goods or
services.
(3) Loans from united states financial institutions.--The
United States Government may prohibit any United States
financial institution from making loans or providing credits to
any sanctioned person totaling more than $10,000,000 in any 12-
month period unless such person is engaged in activities to
relieve human suffering and the loans or credits are provided
for such activities.
(4) Prohibitions on financial institutions.--The following
prohibitions may be imposed against a sanctioned person that is
a financial institution:
(A) Prohibition on designation as primary dealer.--
Neither the Board of Governors of the Federal Reserve
System nor the Federal Reserve Bank of New York may
designate, or permit the continuation of any prior
designation of, such financial institution as a primary
dealer in United States Government debt instruments.
(B) Prohibition on service as a repository of
government funds.--Such financial institution may not
serve as agent of the United States Government or serve
as repository for United States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as one sanction for purposes of this section,
and the imposition of both such sanctions shall be treated as
two sanctions for purposes of this section.
(5) Procurement sanction.--The United States Government may
not procure, or enter into any contract for the procurement of,
any goods or services from a sanctioned person.
(c) Person Defined.--In this section, the term ``person'' includes
a foreign subsidiary of a person referred to in subsection (a). | States that it shall be U.S. policy to: (1) undertake measures to deny the Cuban regime the financial resources to engage in activities that threaten U.S. national security and other interests, threaten the environment and natural resources of northern Cuba and Florida, and prolong the dictatorship that oppresses the Cuban people; and (2) deter foreign investments that would enhance the Cuban regime's ability to develop its petroleum resources.
Amends the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to exclude from U.S. entry an alien who: (1) is an officer or principal of an entity, or a shareholder who owns a controlling interest in an entity that makes an investment (as defined by this Act) of $1 million or more (or any combination of investments that equals or exceeds $1 million in any 12-month period), that significantly contributes to Cuba's ability to develop petroleum and natural gas resources off its north coast; or (2) is a spouse, minor child, or agent of such person.
Exempts on a case-by-case basis entries: (1) for medical reasons or property-related litigation; or (2) where a transition government is in place.
Defines "investment" for purposes of this Act.
Directs the President to impose two or more specified export, procurement, financial institution, loan, or Export-Import Bank sanctions if the President determines that a person has made an investment of $1 million or more (or any combination of investments that in the aggregate equals or exceeds $1 million in any 12-month period) that contributes to the enhancement of Cuba's ability to develop petroleum resources of the submerged lands of Cuba's northern coast. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unemployment Assistance Act of
2009''.
SEC. 2. EXCLUSION FROM GROSS INCOME OF UNEMPLOYMENT DISTRIBUTIONS FROM
TAX-FAVORED ACCOUNTS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code is amended by inserting after section 139B the
following new section:
``SEC. 139C. DISTRIBUTIONS FROM TAX-FAVORED ACCOUNT DURING PERIODS OF
UNEMPLOYMENT.
``(a) In General.--Gross income shall not include any qualified
unemployment distribution from a tax-favored account.
``(b) Definitions.--For purposes of this section--
``(1) Qualified unemployment distribution.--
``(A) In general.--The term `qualified unemployment
distribution' means, with respect to an individual, any
distribution from a tax-favored account of such
individual to the extent such distribution--
``(i) is made during a period of
unemployment which does not exceed 2 years, and
``(ii) is used during such period by the
individual to pay qualified living expenses,
qualified health care expenses, or qualified
education or job training expenses.
``(B) Qualified living expenses.--The term
`qualified living expenses' means any of the following
expenses of the taxpayer: rent, acquisition
indebtedness (as defined in section 164(h)(3)(B)),
groceries, repairs with respect to a vehicle or
principal residence (within the meaning of section 121)
of the taxpayer, and any other such necessary and
common expenses of the individuals. Such term shall not
include any prepayment of rent or acquisition
indebtedness.
``(C) Qualified health care expenses.--The term
`qualified health care expenses' means amounts paid by
such individual for medical care (as defined in section
213(d) for such individual, the spouse of such
individual, and any dependent (as defined in section
152, determined without regard to subsections (b)(1),
(b)(2), and (d)(1)(B) thereof) of such individual, but
only to the extent such amounts are not compensated for
by insurance or otherwise.
``(D) Qualified education or job training
expenses.--The term `qualified education or job
training expenses' means any expenses which would (but
for subsection (c)) be qualified tuition and related
expenses for purposes of section 25A(c) (relating to
Lifetime Learning Credit).
``(2) Tax-favored account.--The term `tax-favored account'
means any of the following:
``(A) An eligible retirement plan (as defined in
section 402(c)(8)(B)).
``(B) A health savings account described in section
223.
``(C) A Roth IRA.
``(D) A qualified tuition program described in
section 529.
``(c) Amount Distributed May Be Repaid.--
``(1) In general.--Any individual who receives a qualified
unemployment distribution may make one or more contributions in
an aggregate amount not to exceed the amount of such
distribution to a tax-favored account of which such individual
is a beneficiary 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), 223(f)(5), or
529(c)(3)(C), as the case may be.
``(2) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For purposes of
this title, if a contribution is made pursuant to subparagraph
(A) with respect to a qualified unemployment distribution from
an eligible retirement 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 qualified
unemployment distribution in an eligible rollover distribution
(as defined in section 402(c)(4)) and as having transferred the
amount to the eligible retirement plan in a direct trustee to
trustee transfer within 60 days of the distribution.
``(3) Treatment of repayments for distributions from
iras.--For purposes of this title, if a contribution is made
pursuant to subparagraph (A) with respect to a qualified
unemployment distribution from an individual retirement plan
(as defined by section 7701(a)(37)), then, to the extent of the
amount of the contribution, the qualified unemployment
distribution shall be treated as a distribution described in
section 408(d)(3) and as having been transferred to the
eligible retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
``(4) Other tax-favored accounts.--For purposes of this
title, if a contribution is made pursuant to subparagraph (A)
with respect to a qualified unemployment distribution--
``(A) from a health savings account described in
section 223, or
``(B) from a qualified tuition program described in
section 529
then, to the extent of the amount of the contribution, the
qualified unemployment distribution shall be treated as a
distribution described in section 529(c)(3)(C) or 223(f)(5), as
the case may be, and as having been transferred to such account
or program, as the case may be, within 60 days of the
distribution.
``(d) Denial of Double Benefit.--Any qualified unemployment
distribution with respect to any expense described in (b)(1)(A)(ii)
which is excluded from gross income under this section shall not be
taken into account in determining any deduction or credit under this
chapter relating to such an expense.''.
(b) Conforming Amendment.--Paragraph (2) of section 72(t) of such
Code is amended by adding at the end the following new subparagraph:
``(H) Unemployment distributions.--Any distribution
excludable from gross income under section 139C
(relating to distributions from tax-favored account
during periods of unemployment).''.
(c) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 139B the following new section:
``Sec. 139C. Distributions from tax-favored account during periods of
unemployment.''.
(d) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act. | Unemployment Assistance Act of 2009 - Amends the Internal Revenue Code to exclude from gross income amounts distributed from tax-exempt retirement plans, health savings accounts, Roth individual retirement accounts (IRAs), and qualified tuition programs to pay for certain living, health care and education or job training expenses of a taxpayer during a period of unemployment not exceeding two years. | [
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<greek-th> x <greek-th> x
SECTION 1. SHORT TITLE.<greek-th> x
This Act may be cited as the ``Combat Meth Act of
2005''.<greek-th> x <greek-th> x
TITLE I--ENFORCEMENT<greek-th> x
SEC. 101. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS
GRANTS.<greek-th> x
(a) In General.--In addition to any other funds authorized to be
appropriated for fiscal year 2006 for grants under part Q of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.), commonly known as the COPS program, there are
authorized to be appropriated $15,000,000 for such purpose to provide
training to State and local prosecutors and law enforcement agents for
the investigation and prosecution of methamphetamine
offenses.<greek-th> x
(b) Rural Set-Aside.--Of amounts made available under subsection
(a), $3,000,000 shall be available only for prosecutors and law
enforcement agents for rural communities.<greek-th> x
SEC. 102. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE
PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND
CLEANUP.<greek-th> x
Section 1701(d) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd(d)) is amended--<greek-th> x
(1) in paragraph (11) by striking ``and'' at the
end;<greek-th> x
(2) in paragraph (12) by striking the period at the end and
inserting ``; and''; and<greek-th> x
(3) by adding at the end the
following:<greek-th> x <greek-th> x <greek-th> x
``(13) hire personnel and purchase equipment to assist in
the enforcement and prosecution of methamphetamine offenses and
the cleanup of methamphetamine-affected
areas.''.<greek-th> x <greek-th> x <greek-th> x
SEC. 103. SPECIAL UNITED STATES ATTORNEYS'
PROGRAM.<greek-th> x <greek-th> x <greek-th> x
(a) In General.--The Attorney General shall allocate any amounts
appropriated pursuant to the authorization under subsection (c) for the
hiring and training of special assistant United States
attorneys.<greek-th> x <greek-th> x <greek-th> x
(b) Use of Funds.--The funds allocated under subsection (a) shall
be used to--<greek-th> x <greek-th> x <greek-th> x
(1) train local prosecutors in techniques used to prosecute
methamphetamine cases, including the presentation of evidence
related to the manufacture of
methamphetamine;<greek-th> x <greek-th> x <greek-th> x
(2) train local prosecutors in Federal and State laws
involving methamphetamine manufacture or
distribution;<greek-th> x <greek-th> x <greek-th> x
(3) cross-designate local prosecutors as special assistant
United States attorneys;
and<greek-th> x <greek-th> x <greek-th> x
(4) hire additional local prosecutors who--
<greek-th> x <greek-th> x <greek-th> x
(A) with the approval of the United States
attorney, shall be cross-designated to prosecute both
Federal and State methamphetamine
cases;<greek-th> x <greek-th> x <greek-th> x
(B) shall be assigned a caseload, whether in State
court or Federal court, that gives the highest priority
to cases in which--
<greek-th> x <greek-th> x <greek-th> x
(i) charges related to methamphetamine
manufacture or distribution are submitted by
law enforcement for consideration;
and<greek-th> x <greek-th> x <greek-th> x
(ii) the defendant has been previously
convicted of a crime related to methamphetamine
manufacture or
distribution.<greek-th> x <greek-th> x <greek-th>
x
(c) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each of the fiscal years 2006 and 2007 to
carry out the provisions of this
section.<greek-th> x <greek-th> x <greek-th> x
SEC. 104. PSEUDOEPHEDRINE AMENDMENTS TO CONTROLLED SUBSTANCES
ACT.<greek-th> x <greek-th> x <greek-th> x
(a) Addition of Pseudoephedrine to Schedule V.--Section 202 of the
Controlled Substances Act (21 U.S.C. 812) is amended by adding at the
end the following:<greek-th> x <greek-th> x <greek-th> x
``(6) Any detectable quantity of pseudoephedrine, its salts
or optical isomers, or salts of optical
isomers.''.<greek-th> x <greek-th> x <greek-th> x
(b) Prescriptions.--Section 309(c) of the Controlled Substances Act
(21 U.S.C. 829(c)) is amended--<greek-th> x <greek-th> x <greek-th> x
(1) by inserting ``(1)'' before ``No controlled
substance''; and<greek-th> x <greek-th> x <greek-th> x
(2) by adding at the end the
following:<greek-th> x <greek-th> x <greek-th> x
``(2) If the substance described in paragraph (6) of Schedule V of
section 202 is dispensed, sold, or distributed in a pharmacy--
<greek-th> x <greek-th> x <greek-th> x
``(A) the substance shall be dispensed, sold, or
distributed only by a licensed pharmacist or a licensed
pharmacy technician; and<greek-th> x <greek-th> x <greek-th> x
``(B) any person purchasing, receiving, or otherwise
acquiring any such substance shall--
<greek-th> x <greek-th> x <greek-th> x
``(i) produce a photo identification showing the
date of birth of such person;
and<greek-th> x <greek-th> x <greek-th> x
``(ii) sign a written log or receipt showing--
<greek-th> x <greek-th> x <greek-th> x
``(I) the date of the
transaction;<greek-th> x <greek-th> x <greek-th>
x
``(II) the name of the person;
and<greek-th> x <greek-th> x <greek-th> x
``(III) the name and the amount of the
substance purchased, received, or otherwise
acquired.<greek-th> x <greek-th> x <greek-th> x
``(3)(A) No person shall purchase, receive, or otherwise acquire
more than 9 grams of the substance described in paragraph (6) of
Schedule V of section 202 within any 30-day
period.<greek-th> x <greek-th> x <greek-th> x
``(B) The limit described in subparagraph (A) shall not apply to
any quantity of such substance dispensed under a valid
prescription.<greek-th> x <greek-th> x <greek-th> x
``(4)(A) The Director of the Federal Drug Administration, by rule,
may exempt a product from Schedule V of section 202 if the Director
determines that the produce is not used in the illegal manufacture of
methamphetamine or other controlled dangerous
substance.<greek-th> x <greek-th> x <greek-th> x
``(B) The Director of the Federal Drug Administration, upon the
application of a manufacturer of a drug product, may exempt the product
from Schedule V of section 202 if the Director determines that the
product has been formulated in such a way as to effectively prevent the
conversion of the active ingredient into
methamphetamine.<greek-th> x <greek-th> x <greek-th> x
``(C) The Director of the Federal Drug Administration, by rule, may
authorize the sale of the substance described in paragraph (6) of
Schedule V of section 202 by persons other than licensed pharmacists or
licensed pharmacy technicians if--
<greek-th> x <greek-th> x <greek-th> x
``(i) the Director finds evidence that the absence of a
pharmacy creates a hardship for a community;
and<greek-th> x <greek-th> x <greek-th> x <greek-th> x
``(ii) the authorized personnel follow the procedure set
forth in this Act''.<greek-th> x <greek-th> x
TITLE II--EDUCATION, PREVENTION, AND TREATMENT<greek-th> x
SEC. 201. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE
ABUSERS.<greek-th> x
Section 519 of the Public Health Service Act (42 U.S.C. 290bb0925)
is amended--<greek-th> x
(1) in subsection (b), by inserting after paragraph (8) the
following:<greek-th> x
``(9) Development of drug endangered children rapid
response teams that will intervene on behalf of children
exposed to methamphetamine as a result of residing or being
present in a home-based clandestine drug laboratory.'';
and<greek-th> x
(2) in subsection (o)--<greek-th> x
(A) by striking ``For the purpose'' and inserting
the following:<greek-th> x
``(1) In general.--For the purpose''; and<greek-th> x
(B) by adding at the end the
following:<greek-th> x
``(2) Drug endangered children rapid response teams.--There
are authorized to be appropriated $2,500,000 for each of the
fiscal years 2006 and 2007 to carry out the provisions of
subsection (b)(9).''.<greek-th> x
SEC. 202. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND
RELATED CONDITIONS.<greek-th> x
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended--<greek-th> x
(1) by redesignating the section 514 that relates to
methamphetamine and appears after section 514A as section
514B;<greek-th> x
(2) in section 514B, as redesignated--<greek-th> x
(A) by amending subsection (a)(1) to read as
follows:<greek-th> x
``(1) Grants authorized.--The Secretary may award grants to
States, political subdivisions of States, American Indian
Tribes, and private, nonprofit entities to provide treatment
for methamphetamine abuse.'';<greek-th> x
(B) by amending subsection (b) to read as
follows:<greek-th> x
``(b) Priority for Rural Areas.--In awarding grants under
subsection (a), the Secretary shall give priority to entities that will
serve rural areas experiencing an increase in methamphetamine abuse.'';
and<greek-th> x
(C) in subsection (d)(1), by striking ``2000'' and
all that follows and inserting ``2005 and such sums as
may be necessary for each of fiscal years 2006 through
2009''; and<greek-th> x
(3) by inserting after section 514B, as redesignated, the
following:<greek-th> x
``SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, AND TECHNICAL
ASSISTANCE CENTER.<greek-th> x
``(a) Program Authorized.--The Secretary, acting through the
Administrator, and in consultation with the Director of the National
Institutes of Health, shall award grants to, or enter into contracts
with, public or private, nonprofit entities to establish a research,
training, and technical assistance center to carry out the activities
described in subsection (d).<greek-th> x
``(b) Application.--A public or private, nonprofit entity seeking a
grant or contract under subsection (a) shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.<greek-th> x
``(c) Condition.--In awarding grants or entering into contracts
under subsection (a), the Secretary shall ensure that not less than 1
of the centers will focus on methamphetamine abuse in rural
areas.<greek-th> x
``(d) Authorized Activities.--Each center established under this
section shall--<greek-th> x
``(1) engage in research and evaluation of the
effectiveness of treatment modalities for the treatment of
methamphetamine abuse;<greek-th> x
``(2) disseminate information to public and private
entities on effective treatments for methamphetamine
abuse;<greek-th> x
``(3) provide direct technical assistance to States,
political subdivisions of States, and private entities on how
to improve the treatment of methamphetamine abuse;
and<greek-th> x
``(4) provide training on the effects of methamphetamine
use and on effective ways of treating methamphetamine abuse to
substance abuse treatment professionals and community
leaders.<greek-th> x
``(e) Reports.--Each grantee or contractor under this section shall
annually submit a report to the Administrator that contains--
<greek-th> x
``(1) a description of the previous year's activities of
the center established under this section;<greek-th> x
``(2) effective treatment modalities undertaken by the
center; and<greek-th> x
``(3) evidence to demonstrate that such treatment
modalities were successful.<greek-th> x
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for fiscal year 2006
and such sums as may be necessary for each of fiscal years 2007 and
2008.''.<greek-th> x
SEC. 203. METHAMPHETAMINE PRECURSOR MONITORING GRANTS.<greek-th> x
(a) Grants Authorized.--The Attorney General, acting through the
Bureau of Justice Assistance, may award grants to States to establish
methamphetamine precursor monitoring programs.<greek-th> x
(b) Purpose.--The purpose of the grant program established under
this section is to--<greek-th> x
(1) prevent the sale of methamphetamine precursors, such as
pseudoephedrine, to individuals in quantities so large that the
only reasonable purpose of the purchase would be to manufacture
methamphetamine;<greek-th> x
(2) educate businesses that legally sell methamphetamine
precursors of the need to balance the legitimate need for
lawful access to medication with the risk that those substances
may be used to manufacture methamphetamine; and<greek-th> x
(3) recalibrate existing prescription drug monitoring
programs designed to track the sale of controlled substances to
also track the sale of pseudoephedrine in any amount greater
than 6 grams.<greek-th> x
(c) Use of Grant Funds.--Grant funds awarded to States under this
section may be used to--<greek-th> x
(1) implement a methamphetamine precursor monitoring
program, including hiring personnel and purchasing computer
hardware and software designed to monitor methamphetamine
precursor purchases;<greek-th> x
(2) expand existing methamphetamine precursor or
prescription drug monitoring programs to accomplish the
purposes described in subsection (b);<greek-th> x
(3) pay for training and technical assistance for law
enforcement personnel and employees of businesses that lawfully
sell substances, which may be used as methamphetamine
precursors;<greek-th> x
(4) improve information sharing between adjacent States
through enhanced connectivity; or<greek-th> x
(5) make grants to subdivisions of the State to implement
methamphetamine precursor monitoring programs.<greek-th> x
(d) Application.--Any State seeking a grant under this section
shall submit an application to the Attorney General at such time, in
such manner, and containing such information as the Attorney General
may require.<greek-th> x <greek-th> x
(e) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each of the fiscal years 2006 and 2007 to
carry out the provisions of this section.<greek-th> x <greek-th> x
08 x | Combat Meth Act of 2005 - Authorizes funds to provide training to State and local prosecutors and law enforcement agents for investigation and prosecution of methamphetamine offenses, including a set-aside for prosecutors and law enforcement agents for rural communities.
Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 to expand the public safety and community policing grant program to authorize the use of grant funds to hire personnel and purchase equipment to assist in enforcing and prosecuting methamphetamine offenses and in cleaning up methamphetamine-affected areas; (2) the Controlled Substances Act to add pseudoephedrine to schedule V; and (3) the Public Health Service Act to authorize grants for the development of drug endangered children rapid response teams and grants to local governments, Indian tribes, and nonprofit private entities to provide treatment for methamphetamine abuse.
Directs the Attorney General to allocate funds for the hiring and training of special assistant U.S. attorneys. Authorizes the Attorney General, acting through the Bureau of Justice Assistance, to award grants to States to establish methamphetamine precursor monitoring programs. | [
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