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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education for Democracy Act''.
SEC. 2. CIVIC EDUCATION.
Part F of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8141 et seq.) is amended to read as follows:
``PART F--CIVIC EDUCATION
``SEC. 10601. SHORT TITLE.
``This part may be cited as the `Education for Democracy Act'.
``SEC. 10602. FINDINGS.
``The Congress finds that--
``(1) college freshmen surveyed in 1997 by the Higher
Education Research Institute at the University of California at
Los Angeles demonstrated higher levels of disengagement, both
academically and politically, than any previous entering class
of students;
``(2) college freshmen in 1997 demonstrated the lowest
levels of political interest in the 20-year history of surveys
conducted by the Higher Education Research Institute at the
University of California at Los Angeles;
``(3) United States secondary school students expressed
relatively low levels of interest in politics and economics in
a 1999 Harris survey;
``(4) the 28th Annual Phi Delta Kappa/Gallup Poll in 1996
indicated that American citizens believe that the Nation's
schools, apart from providing a basic education, had a very
important role to play in preparing students to be responsible
citizens;
``(5) Americans surveyed by the Organization of Economic
Cooperation and Development indicated that only 59 percent had
confidence that schools have a major effect on the development
of good citizenship;
``(6) teachers too often do not have sufficient expertise
in the subjects that they teach, and half of all secondary
school history students in America are being taught by teachers
with neither a major nor a minor in history;
``(7) secondary school students correctly answered less
than half of the questions on a national test of economic
knowledge in a 1999 Harris survey;
``(8) the most recent National Assessment of Educational
Progress indicated that students have only superficial
knowledge of, and lacked a depth of understanding regarding,
civics;
``(9) civic and economic education are important not only
to developing citizenship competencies in the United States but
also are critical to supporting political stability and
economic health in other democracies, particularly emerging
democratic market economies;
``(10) international education exchange programs in civic
and economic education have been shown to enhance both
educational reform efforts in other democracies and educational
quality in United States classrooms;
``(11) more than three quarters of Americans surveyed by
the National Constitution Center in 1997 admitted that they
knew only some or very little about the Constitution of the
United States; and
``(12) the Constitution of the United States is too often
viewed within the context of history and not as a living
document that shapes current events.
``SEC. 10603. PURPOSE.
``It is the purpose of this part--
``(1) to improve the quality of civics and government
education, and to enhance the attainment of the third and sixth
National Education Goals, by educating students about the
history and principles of the Constitution of the United
States, including the Bill of Rights;
``(2) to foster civic competence and responsibility; and
``(3) to improve the quality of civic education and
economic education through cooperative civic education and
economic education exchange programs with other democratic
nations.
``SEC. 10604. GENERAL AUTHORITY.
``(a) Grants and Contracts.--
``(1) In general.--The Secretary is authorized to award
grants to or enter into contracts with--
``(A) the Center for Civic Education to carry out
civic education activities under sections 10605 and
10606; and
``(B) the National Council on Economic Education to
carry out economic education activities under section
10606.
``(2) Consultation.--The Secretary shall award the grants
and contracts under section 10606 in consultation with the
Secretary of State.
``(b) Distribution.--The Secretary shall use not more than 50
percent of the amount appropriated under section 10607(b) for each
fiscal year to carry out economic education activities under section
10606.
``SEC. 10605. WE THE PEOPLE PROGRAM.
``(a) The Citizen and the Constitution.--
``(1) In general.--The Center for Civic Education shall use
funds awarded under section 10604(a)(1)(A) to carry out The
Citizen and the Constitution program in accordance with this
subsection.
``(2) Educational activities.--The Citizen and the
Constitution program--
``(A) shall continue and expand the educational
activities of the `We the People . . . The Citizen and
the Constitution' program administered by the Center
for Civic Education;
``(B) shall enhance student attainment of
challenging content standards in civics and government;
and
``(C) shall provide--
``(i) a course of instruction on the basic
principles of our Nation's constitutional
democracy and the history of the Constitution
of the United States and the Bill of Rights;
``(ii) at the request of a participating
school, school and community simulated
congressional hearings following the course of
study;
``(iii) an annual national competition of
simulated congressional hearings for secondary
school students who wish to participate in such
a program;
``(iv) advanced training of teachers about
the Constitution of the United States and the
political system the United States created;
``(v) materials and methods of instruction,
including teacher training, that utilize the
latest advancements in educational technology;
and
``(vi) civic education materials and
services to address specific problems such as
the prevention of school violence and the abuse
of drugs and alcohol.
``(3) Availability of program.--The education program
authorized under this subsection shall be made available to
public and private elementary schools and secondary schools,
including Bureau funded schools, in the 435 congressional
districts, and in the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
``(b) Project Citizen.--
``(1) In general.--The Center for Civic Education shall use
funds awarded under section 10604(a)(1)(A) to carry out The
Project Citizen program in accordance with this subsection.
``(2) Educational activities.--The Project Citizen
program--
``(A) shall continue and expand the educational
activities of the `We the People . . . Project Citizen'
program administered by the Center for Civic Education;
``(B) shall enhance student attainment of
challenging content standards in civics and government;
and
``(C) shall provide--
``(i) a course of instruction at the middle
school level on the roles of State and local
governments in the Federal system established
by the Constitution of the United States;
``(ii) optional school and community
simulated State legislative hearings;
``(iii) an annual national showcase or
competition;
``(iv) advanced training of teachers on the
roles of State and local governments in the
Federal system established by the Constitution
of the United States;
``(v) materials and methods of instruction,
including teacher training, that utilize the
latest advancements in educational technology;
and
``(vi) civic education materials and
services to address specific problems such as
the prevention of school violence and the abuse
of drugs and alcohol.
``(3) Availability of program.--The education program
authorized under this subsection shall be made available to
public and private middle schools, including Bureau funded
schools, in the 50 States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
``(c) Definition of Bureau Funded School.--In this section the term
`Bureau funded school' has the meaning given the term in section 1146
of the Education Amendments of 1978.
``SEC. 10606. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION
EXCHANGE PROGRAMS.
``(a) Cooperative Education Exchange Programs.--The Center for
Civic Education and the National Council on Economic Education shall
use funds awarded under section 10604(a)(1) to carry out Cooperative
Education Exchange programs in accordance with this section.
``(b) Purpose.--The purpose of the Cooperative Education Exchange
programs provided under this section shall be to--
``(1) make available to educators from eligible countries
exemplary curriculum and teacher training programs in civics
and government education, and economics education, developed in
the United States;
``(2) assist eligible countries in the adaptation,
implementation, and institutionalization of such programs;
``(3) create and implement civics and government education,
and economic education, programs for students that draw upon
the experiences of the participating eligible countries;
``(4) provide a means for the exchange of ideas and
experiences in civics and government education, and economic
education, among political, educational, governmental, and
private sector leaders of participating eligible countries; and
``(5) provide support for--
``(A) research and evaluation to determine the
effects of educational programs on students'
development of the knowledge, skills, and traits of
character essential for the preservation and
improvement of constitutional democracy; and
``(B) effective participation in and the
preservation and improvement of an efficient market
economy.
``(c) Avoidance of Duplication.--The Secretary shall consult with
the Secretary of State to ensure that--
``(1) activities under this section are not duplicative of
other efforts in the eligible countries; and
``(2) partner institutions in the eligible countries are
creditable.
``(d) Activities.--The Cooperative Education Exchange programs
shall--
``(1) provide eligible countries with--
``(A) seminars on the basic principles of United
States constitutional democracy and economics,
including seminars on the major governmental and
economic institutions and systems in the United States,
and visits to such institutions;
``(B) visits to school systems, institutions of
higher education, and nonprofit organizations
conducting exemplary programs in civics and government
education, and economic education, in the United
States;
``(C) translations and adaptations regarding United
States civic and government education, and economic
education, curricular programs for students and
teachers, and in the case of training programs for
teachers translations and adaptations into forms useful
in schools in eligible countries, and joint research
projects in such areas;
``(D) research and evaluation assistance to
determine--
``(i) the effects of the Cooperative
Education Exchange programs on students'
development of the knowledge, skills, and
traits of character essential for the
preservation and improvement of constitutional
democracy; and
``(ii) effective participation in and the
preservation and improvement of an efficient
market economy;
``(2) provide United States participants with--
``(A) seminars on the histories, economies, and
systems of government of eligible countries;
``(B) visits to school systems, institutions of
higher education, and organizations conducting
exemplary programs in civics and government education,
and economic education, located in eligible countries;
``(C) assistance from educators and scholars in
eligible countries in the development of curricular
materials on the history, government, and economy of
such countries that are useful in United States
classrooms;
``(D) opportunities to provide onsite
demonstrations of United States curricula and pedagogy
for educational leaders in eligible countries; and
``(E) research and evaluation assistance to
determine--
``(i) the effects of the Cooperative
Education Exchange programs on students'
development of the knowledge, skills, and
traits of character essential for the
preservation and improvement of constitutional
democracy; and
``(ii) effective participation in and
improvement of an efficient market economy; and
``(3) assist participants from eligible countries and the
United States to participate in international conferences on
civics and government education, and economic education, for
educational leaders, teacher trainers, scholars in related
disciplines, and educational policymakers.
``(e) Participants.--The primary participants in the Cooperative
Education Exchange programs assisted under this section shall be
educational leaders in the areas of civics and government education,
and economic education, including curriculum and teacher training
specialists, scholars in relevant disciplines, and educational
policymakers, and government and private sector leaders from the United
States and eligible countries.
``(f) Definition.--For the purpose of this section, the term
`eligible country' means a Central European country, an Eastern
European country, Lithuania, Latvia, Estonia, the independent states of
the former Soviet Union as defined in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801), and may include the Republic of Ireland, the
province of Northern Ireland in the United Kingdom, and any developing
country as defined in section 209(d) of the Education for the Deaf Act.
``SEC. 10607. AUTHORIZATION OF APPROPRIATIONS.
``(a) Section 10605.--There are authorized to be appropriated to
carry out section 10605, $10,000,000 for fiscal year 2000 and such sums
as may be necessary for each of the fiscal years 2001 through 2004.
``(b) Section 10606.--There are authorized to be appropriated to
carry out section 10606, $10,000,000 for fiscal year 2000 and such sums
as may be necessary for each of the fiscal years 2001 through 2004.''.
SEC. 3. REPEAL.
Title VI of the Goals 2000: Educate America Act (20 U.S.C. 5951 et
seq.) is repealed. | (Sec. 2) Authorizes the Secretary of Education to make grants to or contracts with: (1) the Center for Civic Education (CCE) to carry out civic education activities under the We the People... The Citizen and the Constitution program and The Project Citizen program, and under Cooperative Educational Exchange programs; and (2) the National Council on Economic Education (NCEE) to carry out economic education activities under Cooperative Educational Exchange programs.
Revises requirements for CCE implementation of the We the People... The Citizen and the Constitution program and The Project Citizen program.
Sets forth requirements for the Cooperative Educational Exchange programs of civic education by CCE and economic education by NCEE. Makes eligible for such programs Central European countries, an Eastern European country, Lithuania, Latvia, Estonia, and the independent states of the former Soviet Union. Allows such program eligibility also for the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country as defined under the Education for the Deaf Act.
Authorizes appropriations through FY 2004 for: (1) the We the People... The Citizen and the Constitution program and The Project Citizen program; and (2) the Cooperative Educational Exchange programs.
(Sec. 3) Repeals title VI (International Education Program) of the Goals 2000: Educate America Act. | [
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe Food Act of
1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Establishment of independent Food Safety Administration.
Sec. 5. Consolidation of separate food safety and inspection services
and agencies.
Sec. 6. Additional authorities of the Administration.
Sec. 7. Limitation on authorization of appropriations.
Sec. 8. Effective date.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The safety and security of the food supply of the
United States requires efficient and effective management of
food safety regulations.
(2) The safety of the food supply of the United States is
facing tremendous pressures with regard to the following
issues:
(A) Emerging pathogens and the ability to detect
them.
(B) An aging population with a growing number of
people at high risk for foodborne illnesses.
(C) An increasing volume of imported foods, without
adequate monitoring and inspection.
(D) Maintenance of adequate inspection of the
domestic food processing and food service industry.
(3) Federal food safety inspection, enforcement, and
research efforts should be based on scientifically supportable
assessments of risks to public health.
(4) The Federal food safety system is fragmented, with at
least 12 primary Federal agencies governing food safety.
(b) Purposes.--It is the purpose of this Act--
(1) to establish a single agency, the Food Safety
Administration, that will be responsible for the regulation of
food safety and labeling and for conducting food safety
inspections to ensure, with reasonable certainty, that no harm
will result from the consumption of food, by preventing food-
borne illnesses due to microbial, natural, or chemical hazards
in food; and
(2) to transfer to the Food Safety Administration the food
safety, labeling, and inspection functions currently performed
by other Federal agencies, to achieve more efficient management
and effective application of Federal food safety laws for the
protection and improvement of public health.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Administration.--The term ``Administration'' means the
Food Safety Administration established under section 4.
(2) Administrator.--The term ``Administrator'' means the
Administrator of Food Safety appointed under section 4.
(3) Food safety laws.--The term ``food safety laws'' means
the following:
(A) The Federal Meat Inspection Act (21 U.S.C. 601
et seq.).
(B) The Poultry Products Inspection Act (21 U.S.C.
451 et seq.).
(C) The Egg Products Inspection Act (21 U.S.C. 1031
et seq.).
(D) The Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.), with regard to food safety,
labeling, and inspection under that Act.
(E) Such other laws and portions of laws regarding
food safety, labeling, and inspection as the President
may designate by Executive order as appropriate to
consolidate under the administration of the
Administration.
SEC. 4. ESTABLISHMENT OF INDEPENDENT FOOD SAFETY ADMINISTRATION.
(a) Establishment of Administration; Administrator.--There is
established in the executive branch an agency to be known as the ``Food
Safety Administration''. The Administration shall be an independent
establishment, as defined in section 104 of title 5, United States
Code. The Administration shall be headed by the Administrator of Food
Safety, who shall be appointed by the President, by and with the advice
and consent of the Senate.
(b) Responsibilities.--The Administrator shall administer and
enforce the food safety laws for the protection of the public health
and shall oversee the following functions of the Administration:
(1) Implementation of Federal food safety inspection,
enforcement, and research efforts, based on scientifically
supportable assessments of risks to public health.
(2) Development of consistent and science-based standards
for safe food.
(3) Coordination and prioritization of food safety research
and education programs with other Federal agencies.
(4) Coordination of the Federal response to foodborne
illness outbreaks with other Federal agencies and State
agencies.
(5) Integration of Federal food safety activities with
State and local agencies.
SEC. 5. CONSOLIDATION OF SEPARATE FOOD SAFETY AND INSPECTION SERVICES
AND AGENCIES.
(a) Transfer of Functions.--For each Federal agency specified in
subsection (b), there are transferred to the Administration all
functions that the head of the Federal agency exercised on the day
before the effective date specified in section 8 (including all related
functions of any officer or employee of the Federal agency) that relate
to administration or enforcement of the food safety laws, as determined
by the President.
(b) Covered Agencies.--The Federal agencies referred to in
subsection (a) are the following:
(1) The Food Safety and Inspection Service of the
Department of Agriculture.
(2) The Center for Food Safety and Applied Nutrition of the
Food and Drug Administration.
(3) The Center for Veterinary Medicine of the Food and Drug
Administration.
(4) The National Marine Fisheries Service of the National
Oceanic and Atmospheric Administration of the Department of
Commerce as it relates to the Seafood Inspection Program.
(5) Such other offices, services, or agencies as the
President may designate by Executive order to further the
purposes of this Act.
(c) Transfer of Assets and Funds.--Consistent with section 1531 of
title 31, United States Code, the personnel, assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds that
relate to the functions transferred under subsection (a) from a Federal
agency shall be transferred to the Administration. Unexpended funds
transferred pursuant to this subsection shall be used by the
Administration only for the purposes for which the funds were
originally authorized and appropriated.
(d) References.--After the transfer of functions from a Federal
agency under subsection (a), any reference in any other Federal law,
Executive order, rule, regulation, document, or other material to that
Federal agency or the head of that agency in connection with the
administration or enforcement of the food safety laws shall be deemed
to be a reference to the Administration or the Administrator,
respectively.
(e) Savings Provisions.--The transfer of functions from a Federal
agency under subsection (a) shall not affect--
(1) an order, determination, rule, regulation, permit,
agreement, grant, contract, certificate, license, registration,
privilege, or other administrative action issued, made,
granted, or otherwise in effect or final with respect to that
agency on the day before the transfer date with respect to the
transferred functions; or
(2) any suit commenced with regard to that agency, and any
other proceeding (including a notice of proposed rulemaking),
or any application for any license, permit, certificate, or
financial assistance pending before that agency on the day
before the transfer date with respect to the transferred
functions.
SEC. 6. ADDITIONAL AUTHORITIES OF THE ADMINISTRATION.
(a) Officers and Employees.--The Administrator may appoint officers
and employees for the Administration in accordance with the provisions
of title 5, United States Code, relating to appointment in the
competitive service, and fix the compensation of the officers and
employees in accordance with chapter 51 and with subchapter III of
chapter 53 of such title, relating to classification and General
Schedule pay rates.
(b) Experts and Consultants.--The Administrator may procure the
services of experts and consultants as authorized by section 3109 of
title 5, United States Code, and pay in connection with the services
travel expenses of individuals, including transportation and per diem
in lieu of subsistence while away from the homes or regular places of
business of the individuals, as authorized by section 5703 of such
title.
(c) Bureaus, Offices, and Divisions.--The Administrator may
establish within the Administration such bureaus, offices, and
divisions as the Administrator may determine to be necessary to
discharge the responsibilities of the Administration.
(d) Rules.--The Administrator may prescribe, in accordance with
chapters 5 and 6 of title 5, United States Code, such rules as the
Administrator determines to be necessary or appropriate to administer
and manage the functions of the Administrator.
SEC. 7. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS.
For the fiscal year that includes the effective date of this Act,
the amount authorized to be appropriated to carry out this Act shall
not exceed--
(1) the amount appropriated for that fiscal year for the
Federal agencies described in section 5(b) for the purpose of
administering or enforcing the food safety laws; or
(2) the amount appropriated for these agencies for such
purpose for the preceding fiscal year, if, as of the effective
date of this Act, appropriations for these agencies for the
fiscal year that includes the effective date have not yet been
made.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect on the earlier of--
(1) the date that is 180 days after the date of the
enactment of this Act; and
(2) such date during that 180-day period as the President
may direct in an Executive order. | Transfers to the Administration all functions of the following Federal agencies that relate to administration or enforcement of the food safety laws, as determined by the President: (1) the Food Safety and Inspection Service of the Department of Agriculture; (2) the Center for Food Safety and Applied Nutrition of the Food and Drug Administration (FDA); (3) the Center for Veterinary Medicine of FDA; (4) the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration of the Department of Commerce as it relates to the Seafood Inspection Program; and (5) such others as the President may designate by executive order. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport and Airway Trust Fund
Financing Act of 2007''.
SEC. 2. EXTENSION AND MODIFICATION OF TAXES FUNDING AIRPORT AND AIRWAY
TRUST FUND.
(a) Rate of Tax on Aviation-Grade Kerosene and Aviation Gasoline.--
(1) Aviation-grade kerosene.--Subparagraph (A) of section
4081(a)(2) of the Internal Revenue Code of 1986 (relating to
rates of tax) is amended by striking ``and'' at the end of
clause (ii), by striking the period at the end of clause (iii)
and inserting ``, and'', and by adding at the end the following
new clause:
``(iv) in the case of aviation-grade
kerosene, 35.9 cents per gallon.''.
(2) Aviation gasoline.--Clause (ii) of section
4081(a)(2)(A) of such Code is amended by striking ``19.3
cents'' and inserting ``24.1 cents''.
(3) Fuel removed directly into fuel tank of airplane used
in noncommercial aviation.--Subparagraph (C) of section
4081(a)(2) of such Code is amended to read as follows:
``(C) Taxes imposed on fuel used in commercial
aviation.--In the case of aviation-grade kerosene which
is removed from any refinery or terminal directly into
the fuel tank of an aircraft for use in commercial
aviation by a person registered for such use under
section 4101, the rate of tax under subparagraph
(A)(iv) shall be 4.3 cents per gallon.''.
(4) Conforming amendments.--
(A) Clause (iii) of section 4081(a)(2)(A) of such
Code is amended by inserting ``other than aviation-
grade kerosene'' after ``kerosene''.
(B) The following provisions of such Code are each
amended by striking ``kerosene'' and inserting
``aviation-grade kerosene'':
(i) Section 4081(a)(3)(A)(ii).
(ii) Section 4081(a)(3)(A)(iv).
(iii) Section 4081(a)(3)(D).
(C) Section 4081(a)(3)(D) of such Code is amended--
(i) by striking ``paragraph (2)(C)(i)'' in
clause (i) and inserting ``paragraph (2)(C)'',
and
(ii) by striking ``paragraph (2)(C)(ii)''
in clause (ii) and inserting ``paragraph
(2)(A)(iv)''.
(D) Section 4081(a)(4) of such Code is amended in
the heading by striking ``kerosene'' and inserting
``aviation-grade kerosene''.
(E) Section 4081(d)(2) of such Code is amended by
inserting ``, (a)(2)(A)(iv),'' after ``subsections
(a)(2)(A)(ii)''.
(b) Extension.--
(1) Fuels taxes.--Paragraph (2) of section 4081(d) of such
Code is amended by striking ``gallon--'' and all that follows
and inserting ``gallon after September 30, 2011''.
(2) Taxes on transportation of persons and property.--
(A) Persons.--Clause (ii) of section 4261(j)(1)(A)
of such Code is amended by striking ``September 30,
2007'' and inserting ``September 30, 2011''.
(B) Property.--Clause (ii) of section 4271(d)(1)(A)
of such Code is amended by striking ``September 30,
2007'' and inserting ``September 30, 2011''.
(c) Exemption for Aviation-Grade Kerosene Removed Into an
Aircraft.--Subsection (e) of section 4082 of such Code is amended--
(1) by striking ``kerosene'' and inserting ``aviation-grade
kerosene'',
(2) by striking ``section 4081(a)(2)(A)(iii)'' and
inserting ``section 4081(a)(2)(A)(iv)'', and
(3) by striking ``Kerosene'' in the heading and inserting
``Aviation-Grade Kerosene''.
(d) Retail Tax on Aviation Fuel.--
(1) Exemption for previously taxed fuel.--Paragraph (2) of
section 4041(c) of such Code is amended by inserting ``at the
rate specified in subsection (a)(2)(A)(iv) thereof'' after
``section 4081''.
(2) Rate of tax.--Paragraph (3) of section 4041(c) of such
Code is amended to read as follows:
``(3) Rate of tax.--The rate of tax imposed by this
subsection shall be the rate of tax in effect under section
4081(a)(2)(A)(iv) (4.3 cents per gallon with respect to any
sale or use for commercial aviation).''.
(e) Refunds Relating to Aviation-Grade Kerosene.--
(1) Kerosene used in commercial aviation.--Clause (ii) of
section 6427(l)(4)(A) of such Code is amended by striking
``specified in section 4041(c) or 4081(a)(2)(A)(iii), as the
case may be,'' and inserting ``so imposed''.
(2) Kerosene used in aviation.--Paragraph (4) of section
6427(l) of such Code is amended--
(A) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B), and
(B) by amending subparagraph (B), as redesignated
by subparagraph (A), to read as follows:
``(B) Payments to ultimate, registered vendor.--
With respect to any kerosene used in aviation (other
than kerosene to which paragraph (6) applies), if the
ultimate purchaser of such kerosene waives (at such
time and in such form and manner as the Secretary shall
prescribe) the right to payment under paragraph (1) and
assigns such right to the ultimate vendor, then the
Secretary shall pay (without interest) the amount which
would be paid under paragraph (1) to such ultimate
vendor, but only if such ultimate vendor--
``(i) is registered under section 4101, and
``(ii) meets the requirements of
subparagraph (A), (B), or (D) of section
6416(a)(1).''.
(3) Aviation-grade kerosene not used in aviation.--
Subsection (l) of section 6427 of such Code is amended by
redesignating paragraph (5) as paragraph (6) and by inserting
after paragraph (4) the following new paragraph:
``(5) Refunds for aviation-grade kerosene not used in
aviation.--If tax has been imposed under section 4081 at the
rate specified in section 4081(a)(2)(A)(iv) and the fuel is
used other than in an aircraft, the Secretary shall pay
(without interest) to the ultimate purchaser of such fuel an
amount equal to the amount of tax imposed on such fuel reduced
by the amount of tax that would be imposed under section 4041
if no tax under section 4081 had been imposed.''.
(4) Conforming amendments.--
(A) Section 6427(i)(4) of such Code is amended--
(i) by striking ``(4)(C)'' the first two
places it occurs and inserting ``(4)(B)'', and
(ii) by striking ``, (l)(4)(C)(ii), and''
and inserting ``and''.
(B) Section 4082(d)(2)(B) of such Code is amended
by striking ``6427(l)(5)(B)'' and inserting
``6427(l)(6)(B)''.
(f) Airport and Airway Trust Fund.--
(1) Extension of trust fund authorities.--
(A) Expenditures from trust fund.--Paragraph (1) of
section 9502(d) of such Code is amended--
(i) in the matter preceding subparagraph
(A) by striking ``October 1, 2007'' and
inserting ``October 1, 2011'', and
(ii) in subparagraph (A) by inserting ``or
the FAA Reauthorization Act of 2007'' before
the semicolon at the end.
(B) Limitation on transfers to trust fund.--
Paragraph (2) of section 9502(f) of such Code is
amended by striking ``October 1, 2007'' and inserting
``October 1, 2011''.
(2) Transfers to trust fund.--Subparagraph (C) of section
9502(b)(1) of such Code is amended to read as follows:
``(C) section 4081 with respect to aviation
gasoline and aviation-grade kerosene, and''.
(3) Transfers on account of certain refunds.--
(A) In general.--Subsection (d) of section 9502 of
such Code is amended--
(i) in paragraph (2) by striking ``(other
than subsection (l)(4) thereof)'', and
(ii) in paragraph (3) by striking ``(other
than payments made by reason of paragraph (4)
of section 6427(l))''.
(B) Conforming amendments.--
(i) Section 9503(b)(4) of such Code is
amended by striking ``or'' at the end of
subparagraph (C), by striking the period at the
end of subparagraph (D) and inserting a comma,
and by inserting after subparagraph (D) the
following:
``(E) section 4081 to the extent attributable to
the rate specified in clause (ii) or (iv) of section
4081(a)(2)(A), or
``(F) section 4041(c).''.
(ii) Section 9503(c) of such Code is
amended by striking the last paragraph
(relating to transfers from the Trust Fund for
certain aviation fuel taxes).
(iii) Section 9502(a) of such Code is
amended by striking ``, section 9503(c)(7),''.
(4) Transfers on account of aviation-grade kerosene not
used in aviation.--Section 9502(d) of such Code is amended by
adding at the end the following new paragraph:
``(7) Transfers from airport and airway trust fund on
account of aviation-grade kerosene not used in aviation.--The
Secretary of the Treasury shall pay from time to time from the
Airport and Airway Trust Fund into the Highway Trust Fund
amounts as determined by the Secretary of the Treasury
equivalent to amounts transferred to the Airport and Airway
Trust Fund with respect to aviation-grade kerosene not used in
aviation.''.
(5) Expenditures for air traffic control modernization.--
Section 9502(d) of such Code, as amended by this Act, is
amended by adding at the end the following new paragraph:
``(8) Expenditures for air traffic control modernization.--
The following amounts may be used only for making expenditures
to carry out air traffic control modernization:
``(A) So much of the amounts appropriated under
subsection (b)(1)(C) as the Secretary estimates are
attributable to--
``(i) 14.1 cents per gallon of the tax
imposed at the rate specified in section
4081(a)(2)(A)(iv) in the case of aviation-grade
kerosene used other than in commercial aviation
(as defined in section 4083(b)), and
``(ii) 4.8 cents per gallon of the tax
imposed at the rate specified in section
4081(a)(2)(A)(ii) in the case of aviation
gasoline used other than in commercial aviation
(as so defined).
``(B) Any amounts credited to the Airport and
Airway Trust Fund under section 9602(b) with respect to
amounts described in this paragraph.''.
(g) Effective Date.--
(1) Modifications.--Except as provided in paragraph (2),
the amendments made by this section shall apply to fuels
removed, entered, or sold after December 31, 2007.
(2) Extensions.--The amendments made by subsections (b) and
(f)(1) shall take effect on the date of the enactment of this
Act.
(h) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of aviation fuel which
is held on January 1, 2008, by any person, there is hereby
imposed a floor stocks tax on aviation fuel equal to--
(A) the tax which would have been imposed before
such date on such fuel had the amendments made by this
section been in effect at all times before such date,
reduced by
(B) the sum of--
(i) the tax imposed before such date on
such fuel under section 4081 of the Internal
Revenue Code of 1986, as in effect on such
date, and
(ii) in the case of kerosene held
exclusively for such person's own use, the
amount which such person would (but for this
clause) reasonably expect (as of such date) to
be paid as a refund under section 6427(l) of
such Code with respect to such kerosene.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding aviation
fuel on January 1, 2008, shall be liable for such tax.
(B) Time and method of payment.--The tax imposed by
paragraph (1) shall be paid on April 30, 2008, and in
such manner as the Secretary of the Treasury shall
prescribe.
(3) Transfer of floor stock tax revenues to trust funds.--
For purposes of determining the amount transferred to the
Airport and Airway Trust Fund, the tax imposed by this
subsection shall be treated as imposed by the provision of
section 4081 of the Internal Revenue Code of 1986 which applies
with respect to the aviation fuel involved.
(4) Definitions.--For purposes of this subsection--
(A) Aviation fuel.--The term ``aviation fuel''
means aviation-grade kerosene and aviation gasoline, as
such terms are used within the meaning of section 4081
of the Internal Revenue Code of 1986.
(B) Held by a person.--Aviation fuel shall be
considered as held by a person if title thereto has
passed to such person (whether or not delivery to the
person has been made).
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or the Secretary's delegate.
(5) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to any aviation fuel held by any
person exclusively for any use to the extent a credit or refund
of the tax is allowable under the Internal Revenue Code of 1986
for such use.
(6) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on any aviation fuel held on January 1,
2008, by any person if the aggregate amount of such
aviation fuel held by such person on such date does not
exceed 2,000 gallons. The preceding sentence shall
apply only if such person submits to the Secretary (at
the time and in the manner required by the Secretary)
such information as the Secretary shall require for
purposes of this subparagraph.
(B) Exempt fuel.--For purposes of subparagraph (A),
there shall not be taken into account any aviation fuel
held by any person which is exempt from the tax imposed
by paragraph (1) by reason of paragraph (6).
(C) Controlled groups.--For purposes of this
subsection--
(i) Corporations.--
(I) In general.--All persons
treated as a controlled group shall be
treated as 1 person.
(II) Controlled group.--The term
``controlled group'' has the meaning
given to such term by subsection (a) of
section 1563 of such Code; except that
for such purposes the phrase ``more
than 50 percent'' shall be substituted
for the phrase ``at least 80 percent''
each place it appears in such
subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of subparagraph (A) shall apply to a group of
persons under common control if 1 or more of
such persons is not a corporation.
(7) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 4081 of such Code on the aviation fuel
involved shall, insofar as applicable and not inconsistent with
the provisions of this subsection, apply with respect to the
floor stock taxes imposed by paragraph (1) to the same extent
as if such taxes were imposed by such section. | Airport and Airway Trust Fund Financing Act of 2007 - Amends the Internal Revenue Code to (1) impose an excise tax on aviation-grade kerosene of 35.9 cents per gallon (4.3 cents per gallon for commercial aviation uses); (2) increase to 24.1 cents per gallon the tax rate for aviation gasoline; and (3) extend through FY2011 the excise tax on the transportation by air of persons and property and the excise tax on aviation gasoline and aviation-grade kerosene.
Extends through FY2011 the expenditure authority for the Airport and Airway Trust Fund.
Dedicates revenues from the taxes imposed on aviation gasoline and aviation-grade kerosene to carry out air traffic control modernization. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arctic Marine Shipping Assessment
Implementation Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States is an Arctic nation with--
(A) an approximately 700-mile border with the
Arctic Ocean;
(B) more than 100,000,000 acres of land above the
Arctic Circle; and
(C) an even broader area defined as Arctic by
temperature, which includes the Bering Sea and Aleutian
Islands.
(2) The Arctic region of the United States--
(A) is home to an indigenous population which has
subsisted for millennia on the abundance in marine
mammals, fish, and wildlife, many of which are unique
to the region;
(B) is known to the indigenous population as
Inuvikput or the ``place where we live''; and
(C) has produced more than 16,000,000,000 barrels
of oil and, according to the United States Geological
Survey, may hold an additional 30,000,000,000 barrels
of oil and 220,000,000,000,000 cubic feet of natural
gas, making the region of fundamental importance to the
national interest of the United States.
(3) Temperatures in the United States Arctic region have
warmed by 3 to 4 degrees Celsius over the past half-century, a
rate of increase that is twice the global average.
(4) The Arctic ice pack is rapidly diminishing and
thinning, and the National Oceanic and Atmospheric
Administration estimates the Arctic Ocean may be ice free
during summer months in as few as 30 years.
(5) Such changes to the Arctic region are having a
significant impact on the indigenous people of the Arctic,
their communities and ecosystems, as well as the marine
mammals, fish, and wildlife upon which they depend.
(6) Such changes are opening new portions of the United
States Arctic continental shelf to possible development for
offshore oil and gas, commercial fishing, marine shipping, and
tourism.
(7) It is in the interests of the United States to work
with the State of Alaska and the United States neighbors in the
Arctic region to ensure that shipping in the Arctic Ocean and
adjacent seas is safe for mariners, protective of the natural
environment, including the air, land, water, and wildlife of
the Arctic, and mindful of the needs of longstanding
subsistence users of Arctic resources.
(8) It is in the interests of the United States to ensure
that shipping in the Arctic Ocean and adjacent seas is secure,
that United States sovereign and security interests, including
the freedom of navigation rights of United States and foreign
vessels to transit international straits, are respected and
protected, consistent with international and customary law,
that access is provided throughout the Arctic Ocean for
legitimate research vessels of all nations, and that peaceful
relations are maintained in the Arctic region.
(9) It is in the interests of the United States to
cooperate to establish a system of international cooperation to
support reliable shipping, with methods for joint investment in
providing mariners aids to navigation, ports of refuge, vessel-
to-shore communication, weather and ice forecasting, ship
tracking and reporting, hydrographic mapping, and search and
rescue capability.
(10) The United States has continuing research, security,
environmental, and commercial interests in the Arctic region
that rely on the availability of polar class icebreakers of the
Coast Guard that were commissioned in the 1970s and are in need
of replacement.
(11) Sovereign interests of the United States in the Arctic
Ocean and Bering Sea regions may grow with submission of a
United States claim for an extended continental shelf, pending
the United States becoming a party to the United Nations
Convention on the Law of the Sea, done at Montego Bay December
10, 1982.
(12) Building new icebreakers, forward operating bases,
aids to navigation, and other facilities, and establishing
coordinated shipping regulations and oil spill prevention and
response capability through international cooperation requires
long lead times.
(13) Beginning such efforts, with the completion of an
Arctic Marine Shipping Assessment by the 8-nation Arctic
Council, is essential to protect United States interests given
the extensive current use of the Arctic Ocean and adjacent seas
by vessels of many nations.
SEC. 3. PURPOSE.
The purpose of this Act is to ensure safe, secure, and reliable
maritime shipping in the Arctic, including the availability of aids to
navigation, vessel escorts, spill response capability, and maritime
search and rescue in the Arctic.
SEC. 4. DEFINITIONS.
In this Act, the term ``Arctic'' has the meaning given that term in
section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C.
4111).
SEC. 5. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS.
It is the sense of Congress that, to carry out the purpose of this
Act, the Secretary of State, in consultation with the Secretary of
Homeland Security, acting through the Commandant of the Coast Guard,
should work to establish agreements to promote coordinated action among
the United States, Russia, Canada, Iceland, Norway, and Denmark and
other seafaring and Arctic nations with respect to--
(1) placement and maintenance of aids to navigation in
waters of the Arctic;
(2) improved navigational charts;
(3) the monitoring of ocean conditions including wind,
waves, and currents and the timely reporting of information
about ice and weather conditions;
(4) appropriate icebreaking escort, tug, and salvage
capabilities;
(5) oil spill prevention and response capability;
(6) maritime domain awareness, including long-range vessel
tracking and communications facilities;
(7) search and rescue; and
(8) facilities for ship generated waste.
SEC. 6. COAST GUARD ARCTIC MISSION ANALYSIS.
(a) Submission of Report Analysis to Congress.--
(1) Requirement for submission.--Not later than 90 days
following the completion of the High Latitude Polar Ice-
Breaking Mission Analysis Report, the Commandant of the Coast
Guard shall submit to the appropriate committees of Congress--
(A) such report; and
(B) consistent with section 93(a)(24) of title 14,
United States Code, any recommendations of the
Commandant related to such report.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(b) Mission Requirements Analysis.--
(1) Mission requirements analysis.--Not later than 90 days
after the date of the enactment of this Act, the Commandant of
the Coast Guard shall, subject to the availability of
appropriations, execute a contract with an independent entity
to--
(A) conduct an analysis of future mission
requirements of the Coast Guard in the Arctic and
Antarctic; and
(B) estimate the necessary resources to provide for
such requirements.
(2) Submission of analysis and estimate.--Not later than
120 days after the date that the contract described in
paragraph (1) is executed, the analysis and estimate described
in subparagraph (A) and (B) of that paragraph shall be
submitted to--
(A) the appropriate committees of Congress;
(B) the Commandant of the Coast Guard; and
(C) the Comptroller General of the United States.
(3) Additional recommendations.--Not later than 90 days
after the submission of the analysis and estimate described in
paragraph (2)--
(A) the Commandant of the Coast Guard shall submit
to the appropriate committees of Congress, consistent
with section 93(a)(24) of title 14, United States Code,
any recommendations of the Commandant related to such
analysis and estimate; and
(B) the Comptroller General shall submit to the
appropriate committees of Congress any recommendations
of the Comptroller General related to such analysis and
estimate.
(4) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the
House of Representatives.
SEC. 7. ARCTIC VESSEL TRAFFIC RISK ASSESSMENTS.
(a) In General.--Pursuant to sections 4 and 5 of the Ports and
Waterways Safety Act of 1972 (33 U.S.C. 1223 and 1224), the Commandant
of the Coast Guard, in consultation with the appropriate Area Committee
established under section 311(j)(4) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)(4)), shall prepare--
(1) not later than 2 years after the date of the enactment
of this Act, a vessel traffic risk assessment for the Bering
Strait, Alaska; and
(2) not later than 3 years after the date of the enactment
of this Act, a vessel traffic risk assessment for the Arctic
Ocean waters adjacent to Alaska's North Slope.
(b) Contents.--A vessel traffic risk assessment, prepared pursuant
to subsection (a), shall describe for the Bering Strait or the Arctic
Ocean, as appropriate--
(1) the amount and character of present and estimated
future shipping traffic in the region; and
(2) the current and projected use and effectiveness in
reducing risk of--
(A) traffic separation schemes and routing
measures;
(B) long-range vessel tracking systems developed
under section 70115 of title 46, United States Code;
(C) towing, response, or escort tugs;
(D) vessel traffic services;
(E) emergency towing packages on vessels;
(F) increased spill response equipment including
equipment appropriate for severe weather and sea
conditions;
(G) the automatic identification system developed
under section 70114 of title 46, United States Code;
(H) particularly sensitive sea areas, important
ecological areas, areas to be avoided, and other
traffic exclusion zones;
(I) aids to navigation;
(J) vessel response plans, facility response plans,
any other response plans that the Secretary deems
necessary; and
(K) area contingency plans and the effectiveness of
the several response plans to support an area
contingency plans.
(c) Recommendations.--
(1) In general.--An assessment, prepared pursuant to this
section, may include any appropriate recommendations to enhance
the safety and security, or lessen potential adverse
environmental impacts, of marine shipping.
(2) Consultation.--Prior to making any recommendation
described in paragraph (1), the Commandant of the Coast Guard,
acting through the appropriate Area Committee established under
section 311(j)(4) of the Federal Water Pollution Control Act
(33 U.S.C. 1321(j)(4)), shall consult with affected Federal,
State, and local government agencies, representatives of the
fishing industry, Alaska Natives from the region, the
conservation community, and the merchant shipping and oil
transportation industries.
SEC. 8. CENTRAL BERING SEA HARBOR OF REFUGE.
(a) Consultation and Determination.--Not later than 1 year after
the date of the enactment of this Act, the Commandant of the Coast
Guard shall consult with the Secretary of the Army to determine the
viability of and the improvements necessary to make the harbor at St.
George Island, Alaska, a fully functional harbor of refuge throughout
the year to enhance safety of life at sea and protection from oil
pollution in the Central Bering Sea.
(b) Completion of Harbor.--Not later than 3 years after the date of
the enactment of this Act, the Secretary of the Army shall complete the
harbor at St. George Island, Alaska, including the improvements
determined under subsection (a) and any engineering design needed for
safe navigation.
SEC. 9. REPORT ON ESTABLISHMENT OF ARCTIC DEEP WATER PORT.
(a) Study.--
(1) In general.--The Commandant of the Coast Guard shall
conduct a study on the feasibility and potential of
establishing a deep water sea port in the Arctic to protect and
advance strategic United States interests within the evolving
and ever more important Arctic region.
(2) Scope.--The study required under paragraph (1) shall
address the following issues:
(A) The capability that such a port would provide.
(B) Potential and optimum locations for such a
port.
(C) Resources needed to establish such a port.
(D) The time frame needed to establish such a port.
(E) The infrastructure required to support such a
port.
(F) Any other issues the Secretary determines
necessary to complete the study.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the findings of the study conducted
under subsection (a).
SEC. 10. TRANSFER OF FUNDS FOR ICEBREAKING SERVICES.
Notwithstanding any other provision of law, the Director of the
National Science Foundation shall transfer all amounts provided
pursuant to any Act for the procurement of polar icebreaking services
to the United States Coast Guard Appropriation Accounts, and such
amounts shall remain available until expended for operating expenses,
renovation, and improvement.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Homeland Security--
(1) $40,000,000 in fiscal year 2011 for the design of a new
polar class icebreaker;
(2) $800,000,000 for each of fiscal years 2011 and 2012 for
the construction of 2 polar capable icebreakers;
(3) $5,000,000 for each of fiscal years 2011 through 2015
for seasonal operations in the Arctic;
(4) $10,000,000 for each of fiscal years 2012 through 2015
to carry out any agreements referred to in section 5;
(5) $4,000,000, to remain available until expended, for a
vessel traffic risk assessments to be conducted pursuant to
section 7; and
(6) $100,000,000 in each of the fiscal years 2011 through
2013 for the construction of forward operating bases, including
aircraft hangar, bunk and mess facilities in Barrow, Nome, and
Saint Paul Island, Alaska.
(b) Hydrographic Services.--Section 306 of the Hydrographic
Services Improvement Act of 1998 (33 U.S.C. 892d) is amended by adding
at the end the following new paragraphs:
``(7) To acquire hydrographic data, provide hydrographic
services, and conduct coastal change analyses necessary to
ensure safe navigation, and to improve the management of
coastal change in the Arctic, $10,000,000 for each of fiscal
years 2011 and 2012.
``(8) To acquire hydrographic data and provide hydrographic
services in the Arctic necessary to delineate the United States
extended continental shelf, $5,000,000 for each of fiscal years
2011 and 2012.''. | Arctic Marine Shipping Assessment Implementation Act of 2009 - Expresses the sense of Congress that the Secretary of State should work to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations with respect to navigation, monitoring of conditions, and marine pollution in waters of the Arctic.
Requires the Commandant of the Coast Guard to: (1) submit the High Latitude Polar Ice-Breaking Mission Analysis Report to Congress, along with any recommendations related to it; (2) contract with an independent entity to analyze future mission requirements of the Coast Guard in the Arctic and Antarctic; and (3) prepare vessel traffic risk assessments for the Bering Strait, Alaska, and for the Arctic Ocean waters adjacent to Alaska's North Slope.
Directs the Commandant to consult with the Secretary of the Army to determine the viability of making the harbor at St. George Island, Alaska, a fully functional harbor of refuge throughout the year to enhance safety of life at sea and protection from oil pollution in the Central Bering Sea. Directs the Secretary of the Army to complete the harbor at St. George Island, including such improvements and any engineering design needed for safe navigation.
Requires a study on the feasibility and potential of establishing a deep water sea port in the Arctic to protect and advance U.S. strategic interests within the Arctic region.
Requires the Director of the National Science Foundation to transfer all amounts provided pursuant to any Act for procurement of polar icebreaking services to the United States Coast Guard Appropriation Accounts, to remain available until expended for operating expenses, renovation, and improvement.
Authorizes appropriations to: (1) the Department of Homeland Security for icebreaking operations, Arctic seasonal operations, vessel traffic risk assessments, and construction of bases in Barrow, Nome, and Saint Paul Island, Alaska; and (2) the National Oceanic and Atmospheric Administration (NOAA) for hydrographic data acquisition and services and coastal change analysis in the Arctic. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Animal Disease Risk Assessment,
Prevention, and Control Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) it is in the interest of the United States to maintain
healthy livestock herds;
(2) managing the risks of foot and mouth disease, bovine
spongiform encephalopathy, and related diseases in the United
States may require billions of dollars for remedial activities
by consumers, producers, and distributors of meat and blood
products;
(3) the potential introduction of those diseases into the
United States would cause devastating financial losses to--
(A) the agriculture industry and other economic
sectors; and
(B) United States trade in the affected animals and
animal products;
(4) foot and mouth disease is a severe and highly
contagious viral infection affecting cattle, deer, goats,
sheep, swine, and other animals;
(5) the most effective means of eradicating foot and mouth
disease is by the slaughter of affected animals;
(6) while foot and mouth disease was eradicated in the
United States in 1929, the virus could be reintroduced by--
(A) a single infected animal, an animal product, or
a person carrying the virus;
(B) an act of terrorism; or
(C) other means;
(7) once introduced, foot and mouth disease can spread
quickly through--
(A) exposure to aerosols from infected animals;
(B) direct contact with infected animals; and
(C) contact with contaminated feed, equipment, or
humans harboring the virus or carrying the virus on
their clothing;
(8) foot and mouth disease is endemic to more than \2/3\ of
the world and is considered to be widespread in parts of
Africa, Asia, Europe, and South America;
(9) foot and mouth disease occurs in over 7 different
serotypes and 60 subtypes;
(10) as foot and mouth disease outbreaks have occurred, the
United States has banned the importation of live ruminants and
swine and many animal products from countries affected by foot
and mouth disease;
(11) recently, the United States has implemented bans in
response to outbreaks in Argentina, the European Union, and
Taiwan;
(12) although United States exclusion programs have been
successful at keeping foot and mouth disease out of the United
States since 1929, recent outbreaks in Argentina, the European
Union, and Taiwan are placing an unprecedented strain on our
animal health system;
(13) bovine spongiform encephalopathy is a transmissible,
neuro-degenerative disease found in cattle;
(14) in cattle with bovine spongiform encephalopathy, the
active agent is found primarily in the brain and spinal cord
and has not been found in commonly consumed beef products;
(15) bovine spongiform encephalopathy is thought to have an
incubation period of several years but is ultimately fatal to
cattle within weeks of onset of the active disease;
(16) bovine spongiform encephalopathy was first widely
found in 1986 in cattle in the United Kingdom;
(17) bovine spongiform encephalopathy-carrying cattle have
been found in cattle in Belgium, Denmark, France, Germany,
Ireland, Italy, Liechtenstein, Luxembourg, the Netherlands,
Portugal, Spain, and Switzerland;
(18) cattle infected with bovine spongiform encephalopathy
originating from the United Kingdom have been found and
intercepted in Canada;
(19) since 1989, the Secretary of Agriculture has
prohibited the importation of live grazing animals from
countries where bovine spongiform encephalopathy has been found
in cattle;
(20) other products derived from grazing animals, such as
blood meal, bonemeal, fat, fetal bovine serum, glands, meat-
and-bone meal, and offal, are prohibited from entry, except
under special conditions or under permits issued by the
Secretary of Agriculture for scientific or research purposes;
(21) on December 12, 1997, the Secretary of Agriculture
extended those restrictions to include all countries in Europe
because of concerns about widespread risk factors and
inadequate surveillance for bovine spongiform encephalopathy;
(22) on December 7, 2000, the Secretary of Agriculture
prohibited all imports of rendered animal protein products from
Europe;
(23) Creutzfeldt-Jacob disease is a human spongiform
encephalopathy;
(24) on March 20, 1996, the Spongiform Encephalopathy
Advisory Committee of the United Kingdom announced the
identification of 10 cases of a new variant of Creutzfeldt-
Jacob disease;
(25) all 10 patients developed onsets of the disease in
1994 or 1995;
(26) scientific experts (including scientists at the
Department of Agriculture, the Department of Health and Human
Services, and the World Health Organization) are studying the
possible link (including potential routes of transmission)
between bovine spongiform encephalopathy and variant
Creutzfeldt-Jacob disease;
(27) from October 1996 to December 2000, 87 cases of
variant Creutzfeldt-Jacob disease have been reported in the
United Kingdom, 3 cases in France, and 1 case in Ireland; and
(28) to reduce the risk of human spongiform
encephalopathies in the United States, the Commissioner of Food
and Drugs has--
(A) banned individuals who lived in Great Britain
for at least 180 days since 1980 from donating blood in
the United States; and
(B) established regulations that prohibit the
feeding of most animal-derived proteins to grazing
animals.
(b) Purpose.--The purpose of this Act is to provide the people of
the United States and Congress with information concerning--
(1) actions by Federal agencies to prevent foot and mouth
disease, bovine spongiform encephalopathy, and related
diseases;
(2) the sufficiency of legislative authority to prevent or
control foot and mouth disease, bovine spongiform
encephalopathy, and related diseases in the United States;
(3) the economic impacts associated with the potential
introduction of foot and mouth disease, bovine spongiform
encephalopathy, and related diseases into the United States;
and
(4) the risks to public health from possible links between
bovine spongiform encephalopathy and other spongiform
encephalopathies to human illnesses.
SEC. 3. REPORT TO CONGRESS.
(a) Preliminary Report.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to the Committees and Subcommittees described in
paragraph (2) a preliminary report concerning--
(A) coordinated interagency activities to assess,
prevent, and control the spread of foot and mouth
disease and bovine spongiform encephalopathy in the
United States;
(B) sources of information from the Federal
Government available to the public on foot and mouth
disease and bovine spongiform encephalopathy; and
(C) any immediate needs for additional legislative
authority, appropriations, or product bans to prevent
the introduction of foot and mouth disease or bovine
spongiform encephalopathy into the United States.
(2) Submission of report to congress.--The Secretary shall
submit the preliminary report to--
(A) the Committee on Agriculture of the House of
Representatives;
(B) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
(C) the Subcommittee on Agriculture, Rural
Development, and Related Agencies of the Committee on
Appropriations of the Senate; and
(D) the Subcommittee on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies of the Committee on Appropriations of the
House of Representatives.
(b) Final Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to the Committees and Subcommittees described in
subsection (a)(2) a final report that--
(A) discusses the economic impacts associated with
the potential introduction of foot and mouth disease,
bovine spongiform encephalopathy, and related diseases
into the United States;
(B) discusses the potential risks to public and
animal health from foot and mouth disease, bovine
spongiform encephalopathy, and related diseases; and
(C) provides recommendations to protect the health
of animal herds and citizens of the United States from
those risks including, if necessary, recommendations
for additional legislation, appropriations, or product
bans.
(2) Contents.--The report shall contain--
(A) an assessment of the risks to the public
presented by the potential presence of foot and mouth
disease, bovine spongiform encephalopathy, and related
diseases in domestic and imported livestock, livestock
and animal products, wildlife, and blood products;
(B) recommendations to reduce and manage the risks
of foot and mouth disease, bovine spongiform
encephalopathy, and related diseases;
(C) any plans of the Secretary to identify,
prevent, and control foot and mouth disease, bovine
spongiform encephalopathy, and related diseases in
domestic and imported livestock, livestock products,
wildlife, and blood products;
(D) a description of the incidence and prevalence
of foot and mouth disease, bovine spongiform
encephalopathy, variant Creutzfeldt-Jacob disease, and related diseases
in other countries;
(E) a description and an analysis of the
effectiveness of the measures taken to assess, prevent,
and control the risks of foot and mouth disease, bovine
spongiform encephalopathy, variant Creutzfeldt-Jacob
disease, and related diseases in other countries;
(F) a description and an analysis of the
effectiveness of the measures that the public, private,
and nonprofit sectors have taken to assess, prevent,
and control the risk of foot and mouth disease, bovine
spongiform encephalopathy, and related diseases in the
United States, including controls of ports of entry and
other conveyances;
(G) a description of the measures taken to prevent
and control the risk of bovine spongiform
encephalopathy and variant Creutzfeldt-Jacob disease
transmission through blood collection and transfusion;
(H) a description of any measures (including any
planning or managerial initiatives such as interagency,
intergovernmental, international, and public-private
sector partnerships) that any Federal agency plans to
initiate or continue to assess, prevent, and control
the spread of foot and mouth disease, bovine spongiform
encephalopathy, variant Creutzfeldt-Jacob disease, and
related diseases in the United States and other
countries;
(I) plans by Federal agencies (including the
Centers for Disease Control and Prevention)--
(i) to monitor the incidence and prevalence
of the transmission of foot and mouth disease,
bovine spongiform encephalopathy, variant
Creutzfeldt-Jacob disease, and related diseases
in the United States; and
(ii) to assess the effectiveness of efforts
to prevent and control the spread of foot and
mouth disease, bovine spongiform
encephalopathy, variant Creutzfeldt-Jacob
disease, and related diseases in the United
States;
(J) plans by Federal agencies (including the
Agricultural Research Service, the Cooperative State
Research, Education, and Extension Service, and the
National Institutes of Health) to carry out, in
partnership with the private sector--
(i) research programs into the causes and
mechanism of transmission of foot and mouth
disease and bovine spongiform encephalopathy;
and
(ii) diagnostic tools and preventive and
therapeutic agents for foot and mouth disease,
bovine spongiform encephalopathy, variant
Creutzfeldt-Jacob disease, and related
diseases;
(K) plans for providing appropriate compensation
for affected animals in the event of the introduction
of foot and mouth disease, bovine spongiform
encephalopathy, or related diseases into the United
States; and
(L) recommendations to Congress for legislation
that will improve efforts to assess, prevent, or
control the transmission of foot and mouth disease,
bovine spongiform encephalopathy, variant Creutzfeldt-
Jacob disease, and related diseases in the United
States and in other countries.
(c) Consultation.--
(1) Preliminary report.--In preparing the preliminary
report under subsection (a), the Secretary shall consult with--
(A) the Secretary of the Treasury
(B) the Secretary of Commerce;
(C) the Secretary of State;
(D) the Secretary of Health and Human Services;
(E) the Secretary of Defense;
(F) the United States Trade Representative;
(G) the Director of the Federal Emergency
Management Agency; and
(H) representatives of other appropriate Federal
agencies;
(2) Final report.--In preparing the final report under
subsection (b), the Secretary shall consult with--
(A) the individuals listed in paragraph (1);
(B) private and nonprofit sector experts in
infectious disease, research, prevention, and control;
(C) international, State, and local governmental
animal health officials;
(D) private, nonprofit, and public sector livestock
experts;
(E) representatives of blood collection and
distribution entities; and
(F) representatives of consumer and patient
organizations and other interested members of the
public. | Animal Disease Risk Assessment, Prevention, and Control Act of 2001 - Directs the Secretary of Agriculture to submit a preliminary report to specified congressional committees concerning: (1) interagency measures to assess, prevent, and control the spread of foot and mouth disease and bovine spongiform encephalopathy ("mad cow disease") in the United States; (2) related Federal information sources available to the public; and (3) the need for any additional legislative authority or product bans.Directs the Secretary to submit a final report to such committees that discusses such diseases' economic impacts, public and animal health risks, and related legislative authority or product bans. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Impaired Waters Improvement Act''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered tmdl.--The term ``covered TMDL'' means a total
maximum daily load for nitrogen, phosphorus, or sediment
established under section 303(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1313(d)).
(3) Covered tmdl jurisdiction.--
(A) In general.--The term ``covered TMDL
jurisdiction'' means a geographic area that is subject
to a covered TMDL.
(B) Inclusion of chesapeake bay.--The term
``covered TMDL jurisdiction'' includes the geographic
area subject to total maximum daily load for pollutants
for the Chesapeake Bay and its tidal tributaries
established by the Administrator on December 29, 2010,
and noticed at 76 Fed. Reg. 549 (January 5, 2011).
(4) Publicly owned stormwater management practices.--The
term ``publicly owned stormwater management practices'' means
techniques for managing and treating rainwater runoff that are
the responsibility of the public sector, including, and by
order of preference, practices which--
(A) utilize or mimic natural infiltration of
rainwater into the ground;
(B) hold and treat runoff by allowing plant
materials to take up pollutants; and
(C) capture runoff and hold it for a period of time
sufficient to allow pollutants to settle out or
evaporate, and which substantially reduce the volume of
runoff in local waters during peak runoff periods.
(5) Treatment works.--The term ``treatment works'' has the
meaning given the term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
SEC. 3. GRANTS TO ASSIST COVERED TMDL JURISDICTIONS.
(a) In General.--The Administrator of the Environmental Protection
Agency may make grants to the owner or operator of--
(1) a publicly owned treatment works serving a covered TMDL
jurisdiction;
(2) publicly owned storm water management practices serving
a covered TMDL jurisdiction; or
(3) a privately owned farm implementing methods to reduce
discharges of nitrogen, phosphorus, or sediment in a covered
TMDL jurisdiction.
(b) Applications.--
(1) In general.--To be eligible for a grant under this
section, an owner or operator referred to in subsection (a)
shall submit to the Administrator an application at such time,
in such form, and containing such information as the
Administrator may require.
(2) Required information.--The application, at a minimum,
shall contain a description of how the amounts of the grant
will be used to assist the applicant in meeting a covered TMDL.
(c) Award of Grants.--
(1) In general.--Subject to paragraph (2), the
Administrator shall award grants to applicants under this
section on a competitive basis.
(2) Considerations.--In awarding grants to applicants under
this section, the Administrator shall consider--
(A) the demonstrated need of the applicant for the
grant; and
(B) with respect to the project to be funded using
the grant--
(i) the effectiveness of any technologies
that will be used;
(ii) the ecological sensitivity of the
geographic area involved; and
(iii) whether the use of existing
facilities, if any, will be maximized.
(d) Use of Grants.--
(1) In general.--A recipient of a grant under this section
shall use the amounts of the grant to implement methods to
reduce discharges of nitrogen, phosphorus, and sediment--
(A) using proven technology and practices; or
(B) using an innovative practice, subject to a
determination by the Administrator that the innovative
practice is reasonably expected to reduce the
discharges.
(2) Grants to farms.--
(A) Engineering or consultation work for water
storage projects.--In the case of a grant made to an
owner or operator referred to in subsection (a)(3),
amounts of the grant may be used for engineering or
consultation work in designing a water storage project
if--
(i) the project complies with the
limitation in paragraph (3); and
(ii) the project is completed within 5
years of the date of receipt of the grant.
(B) Repayment of certain grant amounts.--The
Administrator shall require repayment of a grant made
to carry out a project described in subparagraph (A) if
the project is not completed within 5 years of the date
of receipt of the grant.
(3) Limitation.--A recipient of a grant under this section
may not use the amounts of the grant--
(A) to pay the salary of any individual who is
employed by the recipient as of the date of receipt of
the grant; or
(B) to pay the salary of any individual hired by
the recipient after that date unless--
(i) the individual is an expert in the
field of reducing discharges from treatment
works; and
(ii) the recipient can demonstrate, to the
satisfaction of the Administrator, that the
individual will assist in meeting a covered
TMDL.
(e) Grant Amount.--The Administrator may not make grants under this
section to a grant recipient in an amount that exceeds $2,000,000 in a
fiscal year.
(f) Federal Share.--The Federal share of the cost of a program or
activity carried out using amounts from a grant received under this
section may not exceed two-thirds of the cost of the program or
activity.
SEC. 4. IMPAIRED WATERS IMPROVEMENT FUND.
(a) Increase in Civil Penalties.--
(1) In general.--The Administrator shall prescribe by
regulation an increase in the amount of a civil penalty
assessed for a violation of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.).
(2) Amount of increase.--The amount of the increase shall
be 5 percent of the civil penalty amount determined under that
Act for the violation.
(3) Applicability.--The regulations shall apply the
increased civil penalty amount only to violations occurring
after the date of enactment of this Act.
(b) Establishment of Impaired Waters Improvement Fund.--
(1) In general.--There is established in the Treasury of
the United States a trust fund to be known as the Impaired
Waters Improvement Fund.
(2) Transfer to fund.--There are hereby appropriated to the
Impaired Waters Improvement Fund for each of fiscal years 2015
through 2019 amounts equivalent to amounts received in the
Treasury that are attributable to increases in civil penalty
amounts assessed pursuant to subsection (a) or $100,000,000,
whichever is less.
(3) Expenditures.--Amounts in the Impaired Waters
Improvement Fund shall be available, as provided in
appropriations Acts, for making expenditures to carry out
section 3. | Impaired Waters Improvement Act - Authorizes the Administrator of the Environmental Protection Agency (EPA) to make grants to reduce the discharges of nitrogen, phosphorus, or sediment (pollutants) in an area that is subject to a total maximum daily load (TMDL) for those pollutants under the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Makes eligible for grants the owners and operators of: (1) publicly owned treatment works or storm water management practices serving areas subject to the TMDLs, or (2) privately owned farms implementing methods to reduce discharges of those pollutants in those areas. Directs the Administrator to increase by 5% the civil penalty for violations of the Clean Water Act. Establishes the Impaired Waters Improvement Fund for making expenditures to carry out the grant program. Transfers for each of FY2015-FY2019 the amount attributable to the penalty increase or $100 million, whichever is less, to the Fund. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consultation and Coordination With
Indian Tribal Governments Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Accountable consultation process.--The term
``accountable consultation process'' means a process of
government-to-government dialogue between the agency and Indian
tribes to ensure meaningful and timely input by tribal
officials in the formulating, amending, implementing, or
recinding one or more policies that have tribal implications.
The process shall ensure, at a minimum, the following:
(A) That tribal officials have ample opportunity to
provide input and recommendations to the agencies
regarding formulating, amending, implementing, or
recinding policies that have tribal implications.
(B) That tribal input and recommendations are fully
considered by the agency before policies that have
tribal implications are formulated, amended,
implemented, or recinded.
(C) That, upon the formulation, amendment,
implementation, or recision of policies that have
tribal implications, tribal officials shall be provided
with written notification of the formulation,
amendment, implementation, or recision of such policies
and given a copy of those policies.
(D) That any policies that have tribal implications
shall not become effective until at least 60 days after
written notification to tribal officials pursuant to
subparagraph (D).
(2) Agency.--The term ``agency'' means the Department of
the Interior, the Indian Health Service, and the National
Indian Gaming Commission.
(3) Indian tribe.--The term ``Indian tribe'' means an
Indian or Alaska Native tribe, band, nation, pueblo, village,
or community that the Secretary of the Interior acknowledges to
exist as an Indian tribe pursuant to the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(4) Policies that have tribal implications.--The term
``policies that have tribal implications'' means any measure by
the agency that has or is likely to have a direct effect on one
or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian
tribes, such as regulations, legislative comments or proposed
legislation, and other policy statements or actions, guidance,
clarification, standards, or sets of principles.
(5) Tribal officials.--The term ``tribal officials'' means
elected or duly appointed officials of Indian tribal
governments, or their designees.
SEC. 3. FUNDAMENTAL PRINCIPLES.
When formulating, amending, implementing, or recinding one or more
policies that have tribal implications, an agency shall be guided by
the following fundamental principles:
(1) The United States has a unique legal and political
relationship with Indian tribal governments as set forth in the
Constitution of the United States, treaties, statutes,
Executive orders, and court decisions. The Federal Government
has enacted numerous statutes and promulgated numerous
regulations that establish and define a trust relationship with
Indian tribes.
(2) Our Nation, under the law of the United States, in
accordance with treaties, statutes, Executive orders, and
judicial decisions, has recognized the right of Indian tribes
to self-government. Indian tribes exercise inherent sovereign
powers over their members and territory. The United States
continues to work with Indian tribes on a government-to-
government basis to address issues concerning Indian tribal
self-government, tribal trust resources, and Indian tribal
treaty and other rights.
(3) The United States recognizes the right of Indian tribes
to self-government and supports tribal sovereignty and self-
determination.
SEC. 4. POLICYMAKING CRITERIA.
In addition to adhering to the fundamental principles set forth in
section 3, when formulating, amending, implementing, or recinding one
or more policies that have tribal implications each agency shall adhere
to the following criteria:
(1) Each agency shall respect Indian tribal self-government
and sovereignty, honor tribal treaty and other rights, and
strive to meet the responsibilities that arise from the unique
legal and political relationship between the Federal Government
and Indian tribal governments.
(2) With respect to Federal statutes and regulations
administered by Indian tribal governments, each agency shall
ensure Indian tribal governments the maximum administrative
discretion possible.
(3) Each agency shall--
(A) encourage Indian tribes to develop their own
policies to achieve program objectives;
(B) to the extent they do not violate other
applicable laws, defer to Indian tribes to establish
standards; and
(C) in determining whether to establish Federal
standards, consult with tribal officials as to the need
for Federal standards and any alternatives that would
limit the scope of Federal standards or otherwise
preserve the prerogatives and authority of Indian
tribes.
SEC. 5. CONSULTATION.
Each agency shall have an accountable consultation process. Not
later than 30 days after the date of the enactment of this Act, the
head of each agency shall designate an official with principal
responsibility for the agency's implementation of this Act. Not later
than 60 days after the date of the enactment of this Act, the
designated official shall submit a description of the agency's
accountable consultation process to the Committee on Natural Resources
of the House of Representative and the Committee on Indian Affairs of
the Senate.
SEC. 6. UNFUNDED MANDATES.
To the extent practicable and permitted by law, no agency shall
formulate, amend, or implement any policy that has tribal implications
that imposes substantial direct compliance costs on Indian tribal
governments and is not required by Federal law unless--
(1) funds necessary to pay the substantial direct costs
incurred by the Indian tribal government or the Indian tribe in
complying with the policy are provided by the Federal
Government; or
(2) the agency, before the implementation of the policy--
(A) consulted through the accountable consultation
process with tribal officials early in the process of
developing the proposed policy; and
(B) in a separately identified portion of the
preamble to the policy, provided to the Committee on
Natural Resources of the House of Representative, the
Committee on Indian Affairs of the Senate, and affected
Indian tribes a tribal summary impact statement
containing--
(i) a description of the extent of the
agency's prior consultation with tribal
officials;
(ii) a summary of the nature of the
concerns of the tribal officials and the
agency's position supporting the need to issue
the regulation; and
(iii) a statement of the extent to which
the concerns of tribal officials have been met.
SEC. 7. TRIBAL SELF-GOVERNMENT, TRIBAL TRUST RESOURCES, OR INDIAN
TRIBAL TREATY AND OTHER RIGHTS.
On issues relating to tribal self-government, tribal trust
resources, or Indian tribal treaty and other rights, each agency shall
explore and, where appropriate, use consensual mechanisms for
developing policies, including consideration of negotiated rulemaking.
SEC. 8. PREEMPTION OF TRIBAL LAW.
To the extent practicable and permitted by law, no agency shall
establish or implement any policy that has tribal implications and that
preempts tribal law unless the agency, before the implementation of the
policy--
(1) consulted through the accountable consultation process
with tribal officials in development of the proposed policy;
and
(2) in a separately identified portion of the preamble to
the policy, provided to the Committee on Natural Resources of
the House of Representative, the Committee on Indian Affairs of
the Senate, and affected Indian tribes a tribal summary impact
statement containing--
(A) a description of the extent of the agency's
prior consultation with tribal officials;
(B) a summary of the nature of the concerns of the
tribal officials and the agency's position supporting
the need to issue the regulation; and
(C) a statement of the extent to which the concerns
of tribal officials have been met.
SEC. 9. INCREASING FLEXIBILITY FOR INDIAN TRIBAL WAIVERS.
(a) Review; Streamlining of Waiver Process.--Each agency shall
review the processes under which Indian tribes apply for waivers of
statutory and regulatory requirements and take appropriate steps to
streamline those processes.
(b) Flexible Policy Approaches.--Each agency shall, to the extent
practicable and not in violation with other Federal laws, consider any
application by an Indian tribe for a waiver of statutory or regulatory
requirements in connection with any program administered by the agency
with a general view toward increasing opportunities for using flexible
policy approaches at the Indian tribal level in cases in which the
proposed waiver is consistent with the applicable Federal policy
objectives and is otherwise appropriate.
(c) Decision on Application for Waiver.--Each agency shall, to the
extent practicable and not in violation with other Federal laws, render
a decision upon a complete application for a waiver not later than 120
days of receipt of such application by the agency, or as otherwise
provided by Federal law or regulation. If the application for waiver is
not granted, the agency shall provide the applicant with timely written
notice of the decision and the reasons therefor.
(d) Applicability of Section.--This section applies only to
statutory or regulatory requirements that are discretionary and subject
to waiver by the agency. | Consultation and Coordination with Indian Tribal Governments Act - Requires the Department of the Interior, the Indian Health Service, and the National Indian Gaming Commission, when formulating, amending, implementing, or rescinding policies that have tribal implications, to adhere to certain fundamental principles and policymaking criteria, including that the United States: (1) has a unique legal and political relationship with Indian tribal governments; (2) recognizes the right of Indian tribes to self government; and (3) shall encourage Indian tribes to develop their own policies to meet program objectives.
Prohibits such entities from formulating, amending, or implementing policies that impose substantial direct compliance costs on Indian tribal governments and are not required by federal law, unless: (1) funds necessary to pay such costs are provided by the federal government; or (2) the entities consulted with tribal officials early in the process of developing the proposed policy and provided a tribal summary impact statement to specified congressional committees and affected tribes.
Requires such entities to have accountable consultation processes and to explore and use consensual mechanisms for developing policies on issues relating to tribal self-government, tribal trust resources, or Indian tribal treaty and other rights. Prohibits such entities from implementing policies that have tribal implications and that preempt tribal law unless the entities: (1) consulted with tribal officials in the policy's development; and (2) provided to specified congressional committees and affected Indian tribes a tribal summary impact statement.
Sets forth provisions concerning the process for Indian tribes applying for waivers from requirements. | [
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SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Expanding
International Education for All Act''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 2. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE
PROGRAMS.
(a) Incentives for Program Creation.--Section 604(a) (20 U.S.C.
1124(a)) is amended to read as follows:
``(a) Incentives for the Creation of Undergraduate International
Studies and Foreign Language Programs.--
``(1) Authority.--The Secretary is authorized to make
grants to baccalaureate degree granting institutions, community
and junior colleges of higher education, or consortia of such
institutions (which may include graduate schools as part of a
consortia that serves undergraduates), to pay the Federal share
of the cost of planning and establishing a foreign language
program, an international studies program, or a business and
international education program at the undergraduate level.
``(2) Use of funds.--Funds appropriated for the purpose of
carrying out this part may be used in conjunction with
institutional resources and private sector funds, as required
by paragraph (3), for--
``(A) planning for the development and expansion of
undergraduate programs in international studies;
``(B) teaching, research, curriculum planning and
development, and other related activities;
``(C) training of faculty members in foreign
countries;
``(D) acquisition of research and instructional
materials;
``(E) establishing and maintaining a network with
other institutions of higher education and resource
centers focused on strengthening foreign language study
and international studies programs;
``(F) expansion of existing and development of new
opportunities for learning foreign languages, including
the less commonly taught languages;
``(G) international education programs designed to
develop or enhance linkages between 2- to 4-year
institutions of higher education, or baccalaureate and
postbaccalaureate programs or institutions;
``(H) the development or expansion of undergraduate
study abroad in which study abroad opportunities are
not otherwise available or which serve students for
whom such opportunities are not otherwise available and
which provide courses that are closely related to on-
campus foreign language and international studies
curricula;
``(I) in-service and faculty development activities
designed to strengthen instruction and research
capacity of the institution;
``(J) faculty travel in foreign areas, regions, and
countries; and
``(K) the integration of new study abroad
opportunities for undergraduate students into curricula
of specific degree programs.
``(3) Non-federal share.--The non-Federal share of the cost
of the programs assisted under this subsection may be provided
in cash in an amount equal to one-third of the total requested
grant amount, or may be provided as an in-cash or in-kind
contribution equal in value to one-half of the total requested
grant amount. Such contribution may be composed of both
institutional and noninstitutional funds, including State and
private sector corporation or foundation contributions.
``(4) Grant conditions.--Grants under this subsection shall
be made on such conditions as the Secretary determines are
necessary to carry out the objectives of this part. The
conditions shall include--
``(A) evidence that the institution of higher
education, or consortium of such institutions, has
conducted extensive planning prior to submitting its
application for a grant under this subsection
concerning the steps taken by each institution with
respect to planning for the establishment of a foreign
language, international studies program or
international business program, and with respect to the
design of its program in accordance with paragraph (2);
``(B) assurance that the faculty and staff of all
relevant departments and programs within the
institution are involved in ongoing collaboration with
regard to achieving the stated objectives of the
application, including business and management, related
foreign language, international studies, international
affairs careers, and other professional schools or
departments as appropriate;
``(C) assurance that students at the applicant
institution, and all consortium institutions, as
appropriate, will have access to the programs of and
derive benefits from the planned program as it is
developed; and
``(D) assurance that each institution of higher
education will use the Federal assistance provided
under this subsection to supplement and not supplant
institutional funds and activities provided by the
institution prior to the receipt of Federal funds.''.
(b) Support for International Education.--Section 609 (20 U.S.C.
1126) is amended by striking subsection (c) and inserting the
following:
``(c) Support for Undergraduate Education.--Notwithstanding any
other provision of this title, the Secretary is authorized in each
fiscal year to reserve for section 604 not more than 10 percent of the
total amount appropriated for this title in that fiscal year.''.
(c) Technology Innovation.--Section 607 (20 U.S.C. 1125a) is
amended to read as follows:
``SEC. 607. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN
INFORMATION ACCESS.
``(a) Authority.--The Secretary is authorized to make grants to
institutions of higher education, public or nonprofit private library
institutions, or consortia of such institutions, to develop innovative
techniques or programs using new electronic technologies to collect,
organize, preserve, and widely disseminate information on world regions
and countries other than the United States that address the Nation's
teaching and research needs in international education and foreign
languages.
``(b) Authorized Activities.--Grants under this section may be used
to--
``(1) facilitate access to preserve foreign information
resources in print or electronic forms;
``(2) develop new means of immediate, full text document
delivery for information and scholarships from abroad;
``(3) develop new means of shared electronic access to
international data;
``(4) support collaborative projects of indexing,
cataloging, and other means of bibliographic access for
scholars to important research materials published or
distributed outside the United States;
``(5) develop methods for the wide dissemination of
resources written in non-Roman language alphabets;
``(6) assist teachers of less commonly taught languages in
acquiring, via electronic and other means, materials suitable
for classroom use; and
``(7) promote collaborative technology-based projects in
foreign languages, area and international studies among grant
recipients under this title.
``(c) Application.--Each institution or consortium desiring a grant
under this section shall submit an application to the Secretary at such
time, in such matter, and accompanied by such information and
assurances as the Secretary may reasonably require.
``(d) Match Required.--The Federal share of the total cost of
carrying out a program supported by a grant under this section shall
not be more than 66\2/3\ percent. The non-Federal share of such a cost
may be provided in either in-kind or in cash, and may include
contributions from private sector corporations or foundations.''.
SEC. 3. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT.
(a) Non-Federal Share and Source of Funds.--Section 621(e) is
amended--
(1) by striking ``one-fourth'' and inserting ``one-half'';
and
(2) by adding at the end the following new sentence: ``The
non-Federal contribution must be made by private sector
contributions.''.
(b) Institutional Development.--Part C of title VI is amended--
(1) by redesignating sections 622 through 627 as sections
623 through 628, respectively; and
(2) by inserting after section 621 the following new
section:
``SEC. 622. INSTITUTIONAL DEVELOPMENT.
``(a) In General.--The Institute shall make grants, from amounts
available to it in each fiscal year, to Historically Black Colleges and
Universities, Hispanic-serving institutions, Tribally Controlled Indian
Community Colleges, and minority institutions, to enable such colleges,
universities, and institutions to strengthen international affairs
programs.
``(b) Application.--No grant may be made by the Institute unless an
application is made by the college, university, or institution at such
time, in such manner, and accompanied by such information as the
Institute may require.
``(c) Definitions.--As used in this section:
``(1) Historically black colleges and universities.--The
term `Historically Black Colleges and Universities' has the
meaning given the term `part B institution' by section 322(2)
of this Act.
``(2) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the same meaning given the term by
section 316(b)(1) of this Act.
``(3) Tribally controlled indian community college.--The
term `Tribally Controlled Indian Community College' has the
same meaning given that term by the Tribally Controlled
Community College Assistance Act of 1978.
``(4) Minority institution.--The term `minority
institution' has the same meaning given that term in section
101(14) of this Act.''.
SEC. 4. JUNIOR YEAR AND SUMMER ABROAD PROGRAM.
(a) Institute Share of Cost.--Section 623(c)(2) (as redesignated by
section 3(b) of this Act) is amended by striking ``one-half'' and
inserting ``one-third''.
(b) Summer Abroad.--Section 623 (as redesignated) is amended by
adding at the end the following new subsection:
``(d) Summer Abroad Program.--The Institute is authorized to carry
out, by grant or contract, a summer abroad program. The summer abroad
program shall be open to the eligible students described in subsections
(a) and (b) of this section. An institution of higher education
desiring to participate in the summer abroad program shall enter into a
memorandum of understanding with the Institute, containing provisions
which are consistent with subsection (c) of this section.''.
(c) Technical Amendment.--The heading of section 623 (as so
redesignated) is amended by inserting before the period in the heading:
``and summer abroad program''.
SEC. 5. POSTBACCALAUREATE INTERNSHIPS.
Section 625 (as redesignated by section 3(b) of this Act) is
amended--
(1) by inserting before the first sentence the following
new subsection heading: ``(a) In General.--''; and
(2) by adding at the end the following new subsection:
``(b) Washington Internship Program.--The Institute shall enter
into agreements with institutions of higher education described in the
first sentence of subsection (a) to conduct internships in Washington,
District of Columbia, for students who have completed study for the
baccalaureate degree. The Internship program authorized by this
subsection shall--
``(1) be designated to assist the students to prepare for a
Master's degree program;
``(2) be carried out with the assistance of the Woodrow
Wilson Fellowship Program;
``(3) contain work experience for the students designated
to contribute to the objectives set forth in paragraph (1); and
``(4) contain such other elements as the Institute
determines will carry out the objectives of this subsection.''.
SEC. 6. INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL
AFFAIRS.
Part C of title VI is further amended--
(1) by redesignating section 628 (as redesignated by
section 3(b) of this Act) as section 629; and
(2) by inserting after section 627 the following new
section:
``SEC. 628. INTERAGENCY COMMITTEE ON MINORITY CAREERS IN INTERNATIONAL
AFFAIRS.
``(a) Establishment.--There is established in the executive branch
of the Federal Government an Interagency Committee on Minority Careers
in International Affairs composed of 7 members. The members are--
``(1) the Under Secretary for International Affairs and
Commodity Programs of the Department of Agriculture, appointed
by the Secretary of Agriculture;
``(2) the Assistant Secretary and Director General, the
Commercial Service of the Department of Commerce, appointed by
the Secretary of Commerce;
``(3) the Under Secretary of Defense for Personnel and
Readiness of the Department of Defense, appointed by the
Secretary of Defense;
``(4) the Assistant Secretary for Postsecondary Education
in the Department of Education, appointed by the Secretary of
Education;
``(5) the Director General of the Foreign Service of the
Department of State, appointed by the Secretary of State;
``(6) the General Counsel of the Agency for International
Development, appointed by the Administrator; and
``(7) the Associate Director for Educational and Cultural
Affairs of the United States Information Agency, appointed by
the Director.
``(b) Functions.--The Interagency Committee established by this
section shall--
``(1) advise the Secretary and the Institute with respect
to programs authorized by this part; and
``(2) promote policies in each department and agency
participating on the committee that are designed to carry out
the objectives of this part.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
The text of section 629 (as redesignated by section 6 of this Act)
is amended to read as follows:
``There is authorized to be appropriated $5,000,000, for fiscal
year 1999, and such sums as may be necessary for the fiscal years 2000,
2001, 2002, and 2003 to carry out this part.''. | Expanding International Education for All Act - Amends the Higher Education Act of 1965 to revise title VI (International Education).
(Sec. 2) Revises part A (International and Foreign Language Studies) with respect to incentive grants for the creation of undergraduate international studies and foreign language programs. Allows graduate schools, along with baccalaureate degree granting institutions and community and junior colleges of higher education, to be included as part of a consortium that serves undergraduates and is eligible for a grant. Revises the Federal and non-Federal shares of the cost of planning and establishing at the undergraduate level: (1) a foreign language program; (2) an international studies program; or (3) (new in this Act) a business and international education program. Revises allowable uses of grant funds to include: (1) acquisition of research and instructional materials; (2) establishment of a network with other institutions of higher education and resource centers focused on strengthening foreign language study and international studies programs; (3) development of new opportunities for learning foreign languages, including the less commonly taught languages; (4) international education programs designed to develop or enhance linkages between two- to four-year institutions of higher education, or baccalaureate and postbaccalaureate programs or institutions; (5) in-service and faculty development activities designed to strengthen instruction and research capacity of the institution; and (6) faculty travel in foreign areas, regions, and countries. Establishes certain grant conditions.
Establishes, under part A, a program of discretionary grants for technological innovation and cooperation for foreign information access. (Replaces the current discretionary grants program for acquisition of and access to periodicals and other research materials published outside the United States.)
(Sec. 3) Revises part C (Institute for International Public Policy) with respect to the non-Federal share and source of funds for minority foreign service professional development.
Directs the Institute to make institutional development grants to strengthen international affairs programs at Historically Black Colleges and Universities, Hispanic-serving institutions, Tribally Controlled Indian Community Colleges, and minority institutions.
(Sec. 4) Revises the Institute's share of the cost of the junior year program.
Authorizes the Institute to carry out a summer abroad program.
(Sec. 5) Directs the Institute to enter into agreements with specified types of institutions of higher education to conduct postbaccalaureate internships in Washington, D.C., with work experience to assist the students to prepare for a Master's degree program. Requires such internship program to be carried out with the assistance of the Woodrow Wilson Fellowship Program.
(Sec. 6) Establishes in the executive branch an Interagency Committee on Minority Careers in International Affairs to: (1) advise the Secretary and the Institute on part C programs; and (2) promote policies in furtherance of part C objectives in each participating department and agency.
(Sec. 7) Extends through FY 2003 the authorization of appropriations for part C. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Jamming Prevention Act of
2006''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The most fundamental right accorded to United States
citizens by the Constitution is the right to vote, and
unimpeded exercise of the right to vote is essential to the
functioning of our democracy.
(2) Historically, significant efforts have been undertaken
to prevent qualified individuals from exercising this right.
(3) Poll taxes, property requirements, and literacy tests
were once used to restrict voters' access to the polls. Now,
efforts like deceptive practices, intimidation, and dirty
tricks are used to impede qualified voters' exercise of their
right to vote, to prevent voters from making informed decisions
as to how to cast that vote, and to prevent candidates,
parties, and organizations from engaging in constitutionally
protected political speech.
(4) In recent elections, there have been allegations of
political campaigns and committees using telephone jamming
techniques to shut down the communication operations of groups
supporting their political opponents.
(5) In November 2002, according to the Department of
Justice, groups working on behalf of the Republican candidates
in New Hampshire conspired to shut down Democratic get-out-the-
vote efforts by placing hang-up calls to the phones of the
Manchester Democratic Party and the Manchester Professional
Firefighters Association, which were providing qualified voters
rides to the election polling places. Several people have pled
guilty or been convicted in connection with the incident.
(6) As a result of the hang-up call effort, the phone lines
of the Manchester Democratic Party and the Manchester
Professional Firefighters Association were jammed on election
day 2002 and qualified voters were unable to access information
that would have facilitated their access to polling places.
(7) The use of telephones or other communication devices to
jam election-related communications should be prohibited in
order to protect qualified voters' right to vote.
SEC. 3. PROHIBITION ON PREVENTING OR OBSTRUCTING THE BROADCAST OR
EXCHANGE OF INFORMATION THROUGH TELECOMMUNICATIONS
DEVICES.
(a) Prohibition.--
(1) In general.--Subparagraph (C) of section 223(a)(1) of
the Communications Act of 1934 (47 U.S.C. 223(a)(1)(C)) is
amended by striking ``with the intent to annoy, abuse,
threaten, or harass any person at the called number or who
receives the communications;'' and inserting ``with the intent
to--
``(i) annoy, abuse, threaten, or harass any
person at the called number or who receives the
communications;
``(ii) prevent or obstruct the broadcast or
exchange of election-related information; or
``(iii) impair or obstruct any other
telecommunications device from being used to
engage in communications containing election-
related information;''.
(2) Election-related information.--Subsection (h) of
section 223 of the Communications Act of 1934 (47 U.S.C.
223(h)) is amended by adding at the end the following new
paragraph:
``(5) The term `election-related information' means
information related to--
``(A) the endorsement, support, promotion of, or
opposition to any clearly identified candidate or slate
of candidates for the office of President, Vice
President, presidential elector, Member of the Senate,
Member of the House of Representatives, or Delegate or
Commissioner from a territory or possession;
``(B) the time, place, or manner for the election
of such offices; or
``(C) the facilitation of transport to or from
polling places for any such election.''.
(b) Private Right of Action.--Section 223 of the Communications Act
of 1934 (47 U.S.C. 223) is amended by adding at the end the following
new subsection:
``(i) Private Right of Action for Injunctive or Declarative Relief
Against Certain Actions.--Any person aggrieved by a violation of
subsection (a)(1)(C) may bring a civil action or other proper
proceeding for injunctive or declarative relief in any court of
competent jurisdiction, including an application in a United States
district court.''. | Election Jamming Prevention Act of 2006 - Amends the Communications Act of 1934 to prohibit the use of telecommunications devices to: (1) prevent or obstruct the broadcast or exchange of election-related information; or (2) impair or obstruct any other telecommunications device from being used to engage in communications containing election-related information.
Defines "election-related information."
Provides a private right of action for injunctive or declarative relief against such violations (including a violation of the existing prohibition on annoying, abusing, threatening, or harassing any person at the called number or who receives the communications). | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ballistic Missile Defense Act of
1996''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Short-range theater ballistic missiles threaten United
States Armed Forces wherever engaged abroad. Therefore, the
expeditious deployment of theater missile defenses to intercept
ballistic missiles at greater ranges and higher altitudes is
the highest priority among all ballistic missile defense
programs.
(2) The United States is developing defensive systems to
protect the United States against the threat of limited
ballistic missile attacks. Ground-based defensive systems are
attainable, compliant with the ABM Treaty, more affordable than
spaced-based interceptors or space-based lasers, and can
protect all of the United States from limited ballistic missile
attack.
(3) Defending against ballistic missile attacks upon our
national territory requires not only missile defenses but arms
control agreements and nonproliferation measures that lower the
threat and curb the spread of ballistic missile technology.
(4) The massive retaliatory capability of the United States
deterred the Soviet Union, and any other nation, from launching
an attack by intercontinental ballistic missiles throughout the
Cold War. The Nuclear Posture Review conducted by the
Department of Defense affirms the effectiveness of deterrence
now and into the future. While the threat of intentional attack
upon the United States has receded, the risk of an accidental
or unauthorized attack by Russia or China remains but is
remote.
(5) United States arms control agreements (notably the
START I Treaty and the START II Treaty, once implemented) will
lower the threat to the United States from large-scale nuclear
attack. The START I Treaty, when fully implemented, will reduce
deployed warheads by over 40 percent below 1990 levels. By the
end of 1996, only Russia, among the states of the former Soviet
Union, will deploy nuclear weapons. The START II Treaty, if
implemented, will reduce warheads deployed in Russia by 66
percent below their levels before the Start I Treaty.
(6) As strategic offensive weapons are reduced, the
efficacy and affordability of defensive systems increases,
raising the possibility of deterrence based upon effective
defenses rather than deterrence based solely upon threat of
massive retaliation.
(7) Countries hostile to the United States (such as Iraq,
Iran, North Korea, and Libya) have manifested an interest in
developing ballistic missiles capable of reaching the United
States. These countries may accelerate the development of long-
range missiles if they receive external support, but in the absence of
outside assistance, newly emerging threats may take as long as 15 years
to mature, according to recent intelligence estimates.
(8) The Nuclear Non-Proliferation Treaty, the Missile
Technology Control Regime, the Biological and Chemical Weapons
Convention, and continuing United States efforts to enforce
export controls will prevent or delay external assistance
needed by those countries to develop intercontinental ballistic
missiles and weapons of mass destruction.
(9) The ABM Treaty has added to strategic stability by
restraining the requirement on both sides for strategic
weapons. At the summit in May 1995, the President of the United
States and the President of Russia each reaffirmed his
country's commitment to the ABM Treaty.
(10) Abrogating the ABM Treaty to deploy a noncompliant
system will not add to strategic stability if it impedes
implementation of the START I or START II Treaty. Without the
removal of strategic weapons scheduled by both treaties, the
consequences and risks of unauthorized or accidental launches
will remain undiminished, as will the potential threat of a
large-scale attack capable of overwhelming any defenses
deployed.
(11) If the nuclear arsenal of the United States must be
maintained at START I levels, significant unbudgeted costs will
be incurred, encroaching on funds for ballistic missile
defenses and other defense requirements.
(12) Should arms control, nonproliferation efforts, and
deterrence fail, the United States must be able to defend
itself against limited ballistic missile attack.
(13) Missile defense systems consistent with the ABM Treaty
are capable of defending against limited ballistic missile
attack. Should a national missile defense system require
modification of the ABM Treaty, the treaty establishes the
means for the parties to amend the treaty, which the parties
have used in the past.
SEC. 3. NATIONAL MISSILE DEFENSE POLICY.
(a) In General.--It is the policy of the United States to develop
by the year 2000 a National Missile Defense System that can be deployed
in 2003.
(b) Capability of System.--The National Missile Defense System to
be developed pursuant to subsection (a) shall be capable, when
deployed, of providing a highly effective defense of the United States
against limited ballistic missile attacks.
(c) Testing Before Deployment.--The system developed pursuant to
subsection (a) shall be rigorously tested during development.
(d) Improvements.--If a decision to deploy the system developed
pursuant to subsection (a) is not made by the end of the year 2000, the
Secretary of Defense shall ensure that the system is improved by
incorporation of evolving technology to increase effectiveness and
reduce costs of a subsequent deployment, and that rigorous testing
continues.
SEC. 4. BALLISTIC MISSILE DEFENSE PRIORITIES.
The following, in the order listed, shall be the policy of the
United States with respect to the priority for development and
deployment of ballistic missile defense programs:
(1) First, maintaining the operational readiness of the
Armed Forces, including a good quality of life for
servicemembers and their families, and modernization of weapons
systems to ensure mission effectiveness in the future.
(2) Second, as part of such modernization, completing the
development and deployment of essential theater missile defense
(TMD) systems as soon as practicable.
(3) Third, developing by the year 2000 for deployment in
the year 2003 the system referred to in section 3 and section
5(b) and developing for deployment as soon as practicable the
space-based sensors described in section 5(c).
SEC. 5. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE.
(a) Requirement for National Missile Defense Program.--To implement
the policy established in section 3, the Secretary of Defense shall
initiate a National Missile Defense Program, which shall position the
United States, by the end of the year 2000, to be capable of deploying
a National Missile Defense system, as described in section 3(b), within
three years.
(b) Elements of the NMD Program.--The National Missile Defense
Program shall include the following elements:
(1) A ground-based interceptor system that provides
coverage of the continental United States (including Alaska)
and Hawaii.
(2) Fixed ground-based radars.
(3) Space-based sensors.
(4) Battle management, command, control and communications
(BM/C<SUP>3).
SEC. 6. IMPLEMENTATION OF NMD PROGRAM.
The Secretary of Defense shall--
(1) initiate plans and actions necessary to meet the
deployment readiness goals specified in section 5(a);
(2) conduct rigorous integrated system testing using
elements representative of the National Missile Defense
architecture referred to in section 5(b);
(3) prescribe and use streamlined acquisition policies and
procedures, in accordance with existing law, to reduce the cost
and increase the efficiency of developing the system referred
to in section 5(b); and
(4) develop technologies that have the potential of
improving the National Missile Defense system prescribed in
section 5(b).
SEC. 7. REPORTING REQUIREMENT.
Not later than March 15, 1997, the Secretary of Defense shall
submit to Congress a report on the Secretary's plan for the National
Missile Defense Program required by this Act. The report shall include
the following matters:
(1) The Secretary's plan for carrying out this Act,
including--
(A) a detailed description of the system
architecture selected for development under section
5(b); and
(B) a justification of the architecture selected
and reasons for the rejection of the other candidate
architectures.
(2) The Secretary's estimate of the amount of
appropriations required for research, development, test,
evaluation, and for procurement, for each of fiscal years 1997
through 2003 in order to achieve an initial operational
capability in 2003.
(3) A description of promising technologies to be pursued
in accordance with the requirements of section 6(4).
(4) A determination of the point at which any activity that
is required to be carried out under this Act would conflict
with the terms of the ABM Treaty, together with a description
of any such activity, the legal basis for the Secretary's
determination, and an estimate of the time at which such point
would be reached in order to meet an initial operating
capability in the year 2003.
SEC. 8. POLICY REGARDING REDUCTION OF THE THREAT TO THE UNITED STATES
FROM WEAPONS OF MASS DESTRUCTION.
(a) Measures To Address Threats From Weapons of Mass Destruction.--
In order to defend against weapons of mass destruction by preventing
the spread of fissile materials and other components of weapons of mass
destruction, the President shall--
(1) enhance efforts, both unilaterally and in cooperation
with other nations, to prevent terrorist organizations from
obtaining and using weapons of mass destruction;
(2) expedite United States efforts to assist the
Governments of the Russian Federation, Ukraine, Belarus, and
Kazakhstan, as appropriate, in improving the safety, security,
and accountability of fissile materials and nuclear warheads;
(3) undertake additional steps to prevent weapons of mass
destruction and their components from being smuggled into the
United States, through the use of improved security devices at
United States ports of entry, increased numbers of Border
Patrol agents, increased monitoring of international borders,
and other appropriate measures;
(4) seek the widest possible international adherence to the
Missile Technology Control Regime and pursue to the fullest
other export control measures intended to deter and counter the
spread of weapons of mass destruction and their components; and
(5) enhance conventional weapons systems to ensure that the
United States possesses effective deterrent and counterforce
capabilities against weapons of mass destruction and their
delivery systems.
(b) Measures To Address Threats From ICBMs.--In order to reduce the
threat to the United States from weapons of mass destruction delivered
by intercontinental ballistic missiles, including accidental or
unauthorized launches, the President shall--
(1) urge the Government and Parliament of the Russian
Federation to ratify the START II Treaty as soon as possible,
permitting its expeditious entry into force;
(2) pursue with the Government of the Russian Federation,
after START II entry-into-force, a symmetrical program of early
deactivation of strategic forces to be eliminated under START
II; and
(3) work jointly with countries possessing intercontinental
ballistic missiles to improve command and control technology
and operations to the maximum extent practicable.
(c) Department of Defense Program.--Consistent with, and in order
to compelement, the steps to be taken by the President under subsection
(a)(3), the Secretary of Defense shall carry out a program to enhance
the capabilities of the United States relating to the threat to the
United States of a chemical or biological weapons attack inside the
United States by unconventional means. In carrying out such program,
the Secretary shall take into consideration the assessments and
recommendations of the task force established under subsection (d). The
activities to be carried out by the Secretary under the program shall
include the following:
(1) Research, development, test, and evaluation of
technologies relating to any of the following:
(A) Detection of chemical or biological weapons.
(B) Interception of such weapons.
(C) Protection against such weapons.
(D) Response to an attack inside the United States
using such weapons.
(E) Decontamination of areas affected by an attack
using such weapons.
(2) Training of personnel for the activities specified in
subparagraphs (A) through (E) of paragraph (1).
(3) Identification of Federal equipment and technologies
that can be transferred from one Federal agency to another
agency or to State and local agencies consistent with the
purposes of the program under this subsection.
(d) Interagency Task Force.--(1) There is hereby established in the
executive branch an interagency task force to assess, and make
recommendations concerning, the capabilities of the United States
relating to the threat of a chemical or biological weapons attack
inside the United States by unconventional means.
(2) The task force shall on an ongoing basis assess the current
state of the United States with respect to each of the following and
shall identify and recommend potential improvements:
(A) The nature of the threat to the United States of a
chemical or biological weapons attack inside the United States
by unconventional means.
(B) Capabilities related to detection and interception of
such weapons or the possibility of such an attack.
(C) Capabilities related to protection against the effects
of such an attack.
(D) Capabilities related to preparedness for, and response
to, such an attack.
(E) Capabilities related to decontamination following such
an attack.
(F) Public education concerning the dangers of such an
attack and the appropriate response to such an attack.
(3) Membership of the task force shall include representatives of
the following departments and agencies:
(A) The Department of Defense.
(B) The Central Intelligence Agency, but only with respect
to assessment of the nature of the threat.
(C) The Department of Justice, including the Federal Bureau
of Investigation and the Immigration and Naturalization
Service.
(D) The Federal Emergency Management Agency.
(E) The Department of the Treasury, including the Customs
Service and the Bureau of Alcohol, Tobacco, and Firearms.
(F) The Department of Health and Human Services, including
the Centers for Disease Control.
(4) In carrying out its activities, the task force shall consult
regularly with, and shall seek the views of, representatives of--
(A) State and local government law enforcement authorities;
and
(B) State and local government emergency planning
authorities.
(5) Administrative support for the task force shall be provided by
the Secretary of Defense.
(e) Annual Report.--The President shall submit to Congress an
annual report on actions by the United States to comply with the
provisions of this section. The first such report shall be submitted
not later than 180 days after the date of the enactment of this Act.
SEC. 9. POLICY REGARDING THE ABM TREATY.
(a) In General.--The President shall--
(1) carry out the policies, programs, and requirements of
this Act in a manner consistent with the ABM Treaty or through
processes specified within the ABM Treaty;
(2) at an appropriate time, seek amendments to the ABM
Treaty, as provided in Articles XIII and XIV of the Treaty, if
such amendments are required to deploy the National Missile
Defense system prescribed in section 5; and
(3) treat any negotiated amendment to the ABM Treaty as
having entered into force only if such amendment is made in the
same manner as a treaty (including the requirement that
ratification by the United States is subject to the advice and
consent of the Senate).
(b) Modifications Restricting TMD Systems.--The United States shall
not be bound by any amendment or other substantive modification to the
ABM treaty that restricts theater ballistic missile defense systems
unless--
(1) that system is actually flight-tested against a
ballistic missile that exceeds (A) a range of 3,500 kilometers,
or (B) a velocity of 5 kilometers per second; or
(2) the agreement for such modification is made pursuant to
the requirements of section 235 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 231).
SEC. 10. ABM TREATY DEFINED.
For purposes of this Act, the term ``ABM Treaty'' means the Treaty
between the United States and the Union of Soviet Socialist Republics
on the Limitation of Anti-Ballistic Missile Systems, signed at Moscow
on May 26, 1972, and includes Protocols to that Treaty signed at Moscow
on July 3, 1974, and all Agreed Statements and amendments to such
Treaty in effect. | Ballistic Missile Defense Act of 1996 - Declares that it is U.S. policy to develop by the year 2000 a National Missile Defense System (System) that: (1) can be deployed in 2003; (2) shall be capable of providing a highly effective defense of the United States against limited ballistic missile attacks; and (3) shall be rigorously tested during development.
Sets forth, in the following order, U.S. policy regarding the priority for the development and deployment of ballistic missile defense programs: (1) maintaining the operational readiness of the armed forces and modernization of weapon systems to ensure mission effectiveness in the future; (2) completing the development and deployment of essential theater missile defense systems; and (3) developing the System by the year 2000 for deployment in the year 2003 and developing space-based sensors.
Directs the Secretary, in order to implement that policy, to initiate a National Missile Defense Program which shall include: (1) a ground-based interceptor system that provides coverage of the continental United States (including Alaska) and Hawaii; (2) fixed ground-based radars; (3) space-based sensors; and (4) battle management, command, control, and communications. Specifies Program implementing and reporting requirements.
Requires the President to take specified actions to: (1) defend against weapons of mass destruction by preventing the spread of fissile materials and other components; (2) reduce the threat to the United States from such weapons delivered by intercontinental ballistic missiles (including by urging Russia to ratify the START II Treaty); and (3) carry out a program to enhance U.S. capabilities relating to the threat to the United States of a chemical or biological weapons attack inside the United States by unconventional means (establishes in the executive branch an interagency task force to assess and make recommendations concerning such capabilities).
Requires the President to: (1) carry out requirements of this Act in a manner consistent with the ABM Treaty; (2) seek Treaty amendments necessary to deploy the System; and (3) treat any negotiated Treaty amendment as having entered into force only if it is made in the same manner as a treaty. Specifies conditions to be satisfied in order for Treaty modifications restricting theater ballistic missile defense systems to be binding on the United States. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antitrust Modernization Commission
Act of 2001''.
SEC. 2. ESTABLISHMENT.
There is established the Antitrust Modernization Commission (in
this Act referred to as the ``Commission'').
SEC. 3. DUTIES OF THE COMMISSION.
The duties of the Commission are--
(1) to investigate and to study issues and problems
relating to the modernization of the antitrust laws,
(2) to solicit divergent views of all parties concerned
with the operation of the antitrust laws,
(3) to evaluate the advisability of proposals and current
arrangements with respect to such issues and such problems, and
(4) to prepare and to submit to the Congress and the
President a report in accordance with section 8.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 12
members appointed as follows:
(1) Four members, no more than 2 of whom shall be of the
same political party, shall be appointed by the President. One
of such members shall be designated by the President as
chairperson of the Commission.
(2) Two members shall be appointed by the majority leader
of the Senate.
(3) Two members shall be appointed by the minority leader
of the Senate.
(4) Two members shall be appointed by the Speaker of the
House of Representatives.
(5) Two members shall be appointed by the minority leader
of the House of Representatives.
(b) Ineligibility for Appointment.--Members of Congress shall be
ineligible for appointment to the Commission.
(c) Term of Appointment.--
(1) In general.--Subject to paragraph (2), members of the
Commission shall be appointed for the life of the Commission.
(2) Early termination of appointment.--If a member of the
Commission who is appointed to the Commission as--
(A) an officer or employee of a government ceases
to be an officer or employee of such government; or
(B) an individual who is not an officer or employee
of a government becomes an officer or employee of a
government;
then such member shall cease to be a member of the Commission
on the expiration of the 90-day period beginning on the date
such member ceases to be such officer or employee of such
government, or becomes an officer or employee of a government,
as the case may be.
(d) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may conduct meetings.
(e) Appointment Deadline.--Initial appointments under subsection
(a) shall be made not later than 60 days after the date of enactment of
this Act.
(f) Meetings.--The Commission shall meet at the call of the
chairperson. The first meeting of the Commission shall be held not
later than 30 days after the date on which all members of the
Commission are first appointed under subsection (a) or funds are
appropriated to carry out this Act, whichever occurs later.
(g) Vacancy.--A vacancy on the Commission shall be filled in the
same manner as the initial appointment is made.
(h) Consultation Before Appointment.--Before appointing members of
the Commission, the President, the majority and minority leaders of the
Senate, the Speaker of the House of Representatives, and the minority
leader of the House of Representatives shall consult with each other to
ensure fair and equitable representation of various points of view in
the Commission.
SEC. 5. COMPENSATION OF THE COMMISSION.
(a) Pay.--
(1) Nongovernment employees.--Each member of the Commission
who is not otherwise employed by a government shall be entitled
to receive the daily equivalent of the annual rate of basic pay
payable for level IV of the Executive Schedule under section
5315 of title 5 United States Code, as in effect from time to
time, for each day (including travel time) during which such
member is engaged in the actual performance of duties of the
Commission.
(2) Government employees.--A member of the Commission who
is an officer or employee of a government shall serve without
additional pay (or benefits in the nature of compensation) for
service as a member of the Commission.
(b) Travel Expenses.--Members of the Commission shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5, United States
Code.
SEC. 6. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Staff.--
(1) Appointment.--The chairperson of the Commission may,
without regard to the provisions of chapter 51 of title 5 of
the United States Code (relating to appointments in the
competitive service), appoint and terminate an executive
director and such other staff as are necessary to enable the
Commission to perform its duties. The appointment of an
executive director shall be subject to approval by the
Commission.
(2) Compensation.--The chairperson of the Commission may
fix the compensation of the executive director and other staff
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5 of the United States Code
(relating to classification of positions and General Schedule
pay rates), except that the rate of pay for the executive
director and other staff may not exceed the rate of basic pay
payable for level V of the Executive Schedule under section
5315 of title 5 United States Code, as in effect from time to
time.
(b) Experts and Consultants.--The Commission may procure temporary
and intermittent services of experts and consultants in accordance with
section 3109(b) of title 5, United States Code.
SEC. 7. POWERS OF THE COMMISSION.
(a) Hearings and Meetings.--The Commission, or a member of the
Commission if authorized by the Commission, may hold such hearings, sit
and act at such time and places, take such testimony, and receive such
evidence, as the Commission considers to be appropriate. The Commission
or a member of the Commission may administer oaths or affirmations to
witnesses appearing before the Commission or such member.
(b) Official Data.--The Commission may obtain directly from any
executive agency (as defined in section 105 of title 5 of the United
States Code) or court information necessary to enable it to carry out
its duties under this Act. On the request of the chairperson of the
Commission, and consistent with any other law, the head of an executive
agency or of a Federal court shall provide such information to the
Commission.
(c) Facilities and Support Services.--The Administrator of General
Services shall provide to the Commission on a reimbursable basis such
facilities and support services as the Commission may request. On
request of the Commission, the head of an executive agency may make any
of the facilities or services of such agency available to the
Commission, on a reimbursable or nonreimbursable basis, to assist the
Commission in carrying out its duties under this Act.
(d) Expenditures and Contracts.--The Commission or, on
authorization of the Commission, a member of the Commission may make
expenditures and enter into contracts for the procurement of such
supplies, services, and property as the Commission or such member
considers to be appropriate for the purpose of carrying out the duties
of the Commission. Such expenditures and contracts may be made only to
such extent or in such amounts as are provided in advance in
appropriation Acts.
(e) 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.
(f) Gifts, Bequests, and Devises.--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. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
SEC. 8. REPORT.
Not later than 3 years after the first meeting of the Commission,
the Commission shall submit to the Congress and the President a report
containing a detailed statement of the findings and conclusions of the
Commission, together with recommendations for legislative or
administrative action the Commission considers to be appropriate.
SEC. 9. TERMINATION OF COMMISSION.
The Commission shall cease to exist 30 days after the date on which
the report required by section 8 is submitted.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $4,000,000 to carry out this
Act. | Antitrust Modernization Commission Act of 2001 - Establishes the Antitrust Modernization Commission to study and report to Congress and the President on issues and problems relating to the modernization of the antitrust laws. Directs the Commission to: (1) solicit divergent views of all parties concerned with the operation of such laws; and (2) evaluate the advisability of proposals and current arrangements with respect to such issues and problems. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Enforcement Review
Commission Act''.
SEC. 2. CREATION OF IMMIGRATION ENFORCEMENT REVIEW COMMISSION.
There is established the Immigration Enforcement Review Commission
(hereinafter referred to as the ``Review Commission''). The Review
Commission shall be comprised of a Board of Commissioners, an
Investigations Office, and a Community Outreach Office. In the
execution of its duties, the Review Commission shall comply with the
requirements established in this Act. The Immigration and
Naturalization Service and the Customs Service (hereinafter referred to
as ``the Services'') shall cooperate fully with the Review Commission
and its employees in carrying out the duties of the Review Commission
under this Act, and shall provide to the Commission such records as the
Commission considers appropriate.
SEC. 3. DUTIES OF REVIEW COMMISSION.
The Review Commission shall be responsible for investigating
complaints of civil rights abuses against the Services, employees of
the Services, their divisions, or any facilities where detainees are
held in Service custody. Based upon its findings, the Review Commission
shall make recommendations to the Services to discipline Service
employees responsible for committing abuses. The Review Commission
shall also make policy recommendations to the Services as appropriate.
SEC. 4. REVIEW COMMISSION.
(a) Composition of the Board of Commissioners.--The Board of
Commissioners (hereinafter referred to as the ``Board'') shall be
composed of 7 members who shall be appointed by the President by and
with the advice and consent of the Senate. The President shall
designate one member to serve as Director of the Board of
Commissioners. Not more than 4 members may be of the same political
party. The members of the Board shall be full-time employees.
(b) Appointments and Terms of Office.--
(1) Except as provided in paragraph (2), the term of each
Commissioner shall be 6 years.
(2) Of the members first appointed, 4 shall be appointed to
terms of 3 years. Not more than 2 members appointed under this
paragraph may be of the same political party.
(3) A member appointed to fill a vacancy occurring before
the expiration of the term for which that member's predecessor
was appointed shall be appointed only for the remainder of that
term.
(4) No person shall serve as a member of the Board for more
than 2 terms.
(c) Compensation.--Each member of the Board shall receive
compensation at the annual rate of basic pay in effect for level V of
the Executive Schedule.
(d) Eligibility.--A member of the Board may not have been employed
by the Services within the period beginning 5 years before appointment,
or employed by any law enforcement agency within the period beginning 1
year before appointment.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Investigations Office.--The Review Commission shall employ such
investigative personnel as the Board considers advisable, in accordance
with the civil service and classification laws. Investigators shall be
charged with the responsibility of investigating all complaints brought
to the Review Commission's attention.
(b) Community Outreach Office.--The Board shall appoint a Director
of Community Outreach. The Director of Community Outreach shall
establish local community task forces to improve the working
relationship between the Services and local community groups and
organizations.
(c) Review Commission Facilities.--The Review Commission shall
establish a headquarters and 3 regional offices. The Review Commission
may not maintain offices in a facility under the control or operation
of the Services, or any facility in which either of the Services
occupies space.
(d) Personnel Limitation.--An employee of the Review Commission may
not have been employed by the Services within the period beginning 5
years before appointment or employed by any law enforcement agency
within the period beginning 1 year before appointment.
(e) Regulations.--The Review Commission is authorized to promulgate
such rules and regulations as may be necessary to carry out this Act
including procedures for the filing, investigation, and resolution of
complaints.
SEC. 6. OPERATIONS OF REVIEW COMMISSION.
(a) Complaint Forms.--
(1) Complaint forms shall be made available at all Service
facilities and shall be available upon request from the Review
Commission.
(2) The complaint forms shall be written in languages
reflecting the languages of the immigrant population.
(b) Filing of Complaints.--
(1) Complaints may be filed in person, by mail, by
telephone, by facsimile, or by any other reasonable means.
Complaints may be filed by any person, including anonymously,
and may be filed on behalf of third parties. Complaints need
not be filed on the official complaint forms.
(2) The Review Commission shall establish and operate a
multilingual, 24-hour, toll-free hotline to receive complaints.
(3) Whenever possible, upon receipt of a complaint, the
Review Commission shall provide to the complainant information
which describes the review procedures of the Review Commission.
Such information shall be available in languages reflecting the
languages of the immigrant population.
(c) Public Outreach.--
(1) The Review Commission shall educate members of the
public about its functions and shall receive and actively seek
out suggestions from the public to improve the functioning of
the Review Commission.
(2) The Review Commission shall develop outreach materials,
which shall include, a description of the Review Commission,
its duties, and complaint procedures. Such materials shall be
made available to the public in languages reflecting the
languages of the immigrant population.
(3) The Review Commission shall oversee the display and
dissemination of outreach materials at all Service facilities.
(d) Service Employees' Duty To Inform Commission.--
(1) When a complaint of agent misconduct is brought to the
attention of any Service employee, the employee shall promptly
inform the complainant of proper procedures for filing a
complaint.
(2) A Service employee who witnesses or otherwise obtains
actual knowledge of the use of force, that is unreasonable in
light of the facts and circumstances and involves another
Service employee, shall report such incident to the Review
Commission within 24 hours of the acquisition of knowledge of
such incident.
(3) The Review Commission may promulgate regulations
requiring Service employees to report to the Commission other
violations of the Services' operating procedures.
(e) Investigation of Complaints.--Each complaint shall be
investigated by an investigator who shall complete and submit a written
report to the Board of Commissioners within 60 days of the assignment,
unless the Board authorizes an extension. The Services shall grant
investigators access to information, documents, or other items relevant
to the matter under investigation. The Board may issue subpoenas.
Service employees shall cooperate fully with Review Commission
investigations, subject to the protections afforded by the
Constitution. Service employees shall be advised of their
constitutional rights and the procedural rights afforded under this
Act.
(f) Disposition of Complaints.--
(1) When the Board receives a written report on a complaint
from an investigator, the Board shall designate a panel of 3 of
its members (hereinafter referred to as the ``Panel'') to
review the report.
(2) The Panel shall conduct hearings on the complaint if--
(A) the alleged abuse is of a serious nature, as
defined by the regulations prescribed under authority
of this Act; or
(B) the Panel, by majority vote, decides to hold a
hearing.
(3) The Panel shall issue a written finding on the
complaint based on the report alone or on the report and a
hearing, if one is held.
(4) The Panel shall forward its finding to both the
complainant and the Service employee. The complainant and the
Service employee shall have 30 days in which to review the
Panel's official finding. During the 30-day period, either the
complainant or the Service employee may take one of the
following actions:
(A) If no hearing was held, request that the Panel
conduct a hearing. A hearing shall be held if one
member of the Panel votes to hold a hearing.
(B) Regardless of whether a hearing was held,
request an en banc review of the Panel's decision. An
en banc review will be granted if a majority of the
Board votes to conduct such review.
(5) If neither party makes a request pursuant to
subparagraphs (A) or (B) of paragraph (4), or if such a request
is denied, then the Board, promptly, shall report its finding
to the appropriate Service.
(6) All findings made by the Board of Commissioners sitting
en banc shall be reported directly to the appropriate Service
with copies to the complainant and the Service employee.
(g) Hearings.--
(1) Both the complainant and the subject Service employee
shall have the right to be represented by counsel or other
representative at Board hearings, to present witnesses, and to
cross-examine witnesses.
(2) Any finding of a violation on the part of a Service
employee by the Board must be established by a preponderance of
the evidence.
(3)(A) Except as provided in subparagraph (B), hearings
shall be open to the public and transcripts of hearings shall
be available to the public.
(B) For good cause the Board of Commissioners may close to
the public all or any part of a hearing and may seal all or any
part of the transcript of a hearing.
(4) Unless mandated by unusual circumstances, a hearing
shall be conducted in one location within the United States
that is generally convenient to the complainant and any
potential witnesses.
(h) Disciplinary Recommendations.--
(1) When a finding of a violation may constitute a criminal
offense, the Board of Commissioners shall inform the
appropriate Federal or State authorities so that appropriate
prosecutorial action may be considered. Prosecutorial action
shall not relieve the Board of its duties under this Act.
(2) When a complaint has been substantiated, the Board
shall recommend disciplinary action against the subject Service
employee. The Board's recommendations shall be based on a
schedule of sanctions determined by the Commission. If the
Services do not adopt the recommendations of the Board, they
shall provide a written explanation of the grounds for refusal
to do so within 30 days of the Board's recommendation. The
Commission's recommendations and the Service's explanation
shall be made public.
(3) Nothing in this Act shall affect the Services'
authority to discipline their employees.
(i) Early Warning Program.--The Review Commission shall conduct a
periodic review of all complaints in order to determine whether
particular Service employees have been the subject of repeated
complaints or have otherwise demonstrated they may be having difficulty
dealing appropriately with members of the public. The results of this
review shall be presented to the Services. The Review Commission shall
make recommendations to the Services with respect to so identified
Service employees including, but not limited to, recommendations of
training or counseling.
(j) Records of Complaints and Statistical Summaries.--The Review
Commission shall maintain records of complaints, including a summary of
reports made pursuant to the Early Warning Program under subsection
(i). The Review Commission shall compile and publish, at least
annually, a statistical summary of all complaints received and the
dispositions of such complaints.
SEC. 7. RETALIATION.
(a) Retaliation Prohibited.--Retaliation is prohibited and shall
constitute the basis for a complaint to the Commission.
(b) Definition.--For the purposes of this Act, the term
``retaliation'' means any action or threat of action against a person,
including a Service employee, because such person filed a complaint,
testified, assisted, or participated in any manner in an investigation
or hearing related to the complaint procedures established by this Act.
SEC. 8. LIMITATION ON USE OF TESTIMONY.
No testimony or other information gathered as part of a complaint,
investigation, or hearing under this Act may be used in any proceeding
under the Immigration and Nationality Act.
SEC. 9. FUNDING.
Funds authorized to be appropriated for the Offices of Inspector
General of the Department of Justice and the Department of the Treasury
are authorized to be available to carry out this Act. | Immigration Enforcement Review Commission Act - Establishes the Immigration Enforcement Review Commission, composed of a Board of Commissioners, an Investigations Office, and a Community Outreach Office.
States that the Commission shall: (1) investigate civil rights abuse complaints against the Immigration and Naturalization Service and the Customs Service or their employees; and (2) make policy recommendations as appropriate. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``NATO Expansion Act of 1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) On January 10, 1994, the leaders of the NATO member
nations meeting in Brussels, Belgium, issued an invitation to
European countries that do not belong to NATO to participate in
a program of expanded cooperation with NATO called the
Partnership for Peace.
(2) In that invitation, the leaders of the NATO member
nations stated: ``We reaffirm that the Alliance, as provided in
Article 10 of the Washington Treaty, remains open to the
membership of other European states in a position to further
the principles of the Treaty and to contribute to the security
of the North Atlantic area. We expect and would welcome NATO
expansion that would reach to democratic states to our East, as
part of an evolutionary process, taking into account political
and security developments in the whole of Europe.''.
(3) The political and economic transformation of the
formerly communist-ruled countries of Europe has been under way
since 1989. In establishing a new Strategic Concept for NATO in
November 1991, the leaders of the NATO member nations observed:
``All the countries that were formerly adversaries of NATO have
dismantled the Warsaw Pact and rejected ideological hostility
to the West. They have in varying degrees, embraced and begun
to implement policies aimed at achieving pluralistic democracy,
the rule of law, respect for human rights and a market
economy.''.
(4) In particular, Poland, Hungary, the Czech Republic, and
Slovakia have made significant progress toward establishing
democratic institutions, free market economies, civilian
control of their armed forces, and the rule of law since the
fall of their previous communist governments.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the leaders of the NATO member nations are to be
commended for reaffirming that NATO membership remains open to
European countries emerging from communist domination and for
welcoming eventual expansion of NATO to include such countries;
(2) Poland, Hungary, the Czech Republic, and Slovakia
should be in a position to further the principles of the North
Atlantic Treaty and to contribute to the security of the North
Atlantic area not later than January 10, 1999, 5 years from the
date of the establishment of the Partnership for Peace, and, in
accordance with Article 10 of such Treaty, should be invited to
become full NATO members not later than that date, provided
these countries--
(A) maintain their progress toward establishing
democratic institutions, free market economies,
civilian control of their armed forces, and the rule of
law; and
(B) remain committed to protecting the rights of
all their citizens and respecting the territorial
integrity of their neighbors;
(3) the United States, other NATO member nations, and NATO
itself should furnish appropriate assistance to facilitate the
transition of Poland, Hungary, the Czech Republic, and Slovakia
to full NATO membership not later than January 10, 1999; and
(4) other European countries emerging from communist
domination may be in a position at a future date to further the
principles of the North Atlantic Treaty and to contribute to
the security of the North Atlantic area, and at the appropriate
time they should receive assistance to facilitate their
transition to full NATO membership and should be invited to
become full NATO members.
SEC. 4. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO
MEMBERSHIP.
(a) In General.--The President may establish a program to assist
the transition to full NATO membership of Poland, Hungary, the Czech
Republic, Slovakia, and other European countries emerging from
communist domination designated by the President pursuant to subsection
(e).
(b) Conduct of Program.--The program established under subsection
(a) shall facilitate the transition to full NATO membership of the
countries described in such subsection by supporting and encouraging,
inter alia--
(1) joint planning, training, and military exercises with
NATO forces;
(2) greater interoperability of military equipment, air
defense systems, and command, control, and communications
systems; and
(3) conformity of military doctrine.
(c) Type of Assistance.--In carrying out the program established
under subsection (a), the President may provide to the countries
described in such subsection the following types of security
assistance:
(1) The transfer of excess defense articles under section
516 of Foreign Assistance Act of 1961, without regard to the
restrictions in paragraphs (1) through (3) of subsection (a) of
such section (relating to the eligibility of countries for such
articles under such section).
(2) The transfer of nonlethal excess defense articles under
section 519 of the Foreign Assistance Act of 1961, without
regard to the restriction in subsection (a) of such section
(relating to the justification of the foreign military
financing program for the fiscal year in which a transfer is
authorized).
(3) Assistance under chapter 4 of part II of the Foreign
Assistance Act of 1961 (relating to the Economic Support Fund).
(4) Assistance under chapter 5 of part II of that Act
(relating to international military education and training).
(5) Assistance under section 23 of the Arms Export Control
Act (relating to the ``Foreign Military Financing Program'').
(d) Additional assistance.--In addition to the security assistance
provided under subsection (c), the President may, in carrying out the
program established under subsection (a), provide assistance from funds
appropriated after the date of the enactment of this Act under the
following accounts:
(1) The ``Nonproliferation and Disarmament Fund'' account.
(2) The ``Countries in Transition'' account.
(e) Designation of Other European Countries Emerging From Communist
Domination.--The President may designate other European countries
emerging from communist domination to receive assistance under the
program established under subsection (a) if the President determines
and reports to the appropriate congressional committees that such
countries--
(1) have made significant progress toward establishing
democratic institutions, a free market economy, civilian
control of their armed forces, and the rule of law; and
(2) are likely, within 5 years of such determination, to be
in a position to further the principles of the North Atlantic
Treaty and to contribute to the security of the North Atlantic
area.
SEC. 5. AUTHORIZATION OF STATUS OF FORCES AGREEMENTS.
The President is authorized to confer, pursuant to agreement with
any country eligible to participate in the Partnership for Peace,
rights in respect of the military and related civilian personnel
(including dependents of any such personnel) and activities of that
country in the United States comparable to the rights conferred by that
country in respect of the military and related civilian personnel
(including dependents of any such personnel) and activities of the
United States in that country.
SEC. 6. REPORTING REQUIREMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and at least once every year thereafter, the President
shall submit to the appropriate congressional committees a report on
the implementation of this Act.
(b) Contents.--Each such report shall include--
(1) an assessment of the progress made by Poland, Hungary,
the Czech Republic, Slovakia, and other European countries
emerging from communist domination designated by the President
pursuant to section 4(e) toward meeting the standards for NATO
membership set forth in Article 10 of the North Atlantic
Treaty, including--
(A) an assessment of the progress of such countries
toward establishing democratic institutions, free
market economies, civilian control of their armed
forces, and the rule of law; and
(B) the commitment of such countries in protecting
the rights of all their citizens and respecting the
territorial integrity of their neighbors;
(2) a description of all assistance provided under the
program established under section 4, or otherwise provided by
the United States Government to facilitate the transition to
full NATO membership of Poland, Hungary, the Czech Republic,
Slovakia, and other European countries emerging from communist
domination designated by the President pursuant to section
4(e);
(3) a description of all assistance provided by other NATO
member nations or NATO itself to facilitate the transition to
full NATO membership of Poland, Hungary, the Czech Republic,
Slovakia, and other European countries emerging from communist
domination designated by the President pursuant to section
4(e); and
(4) a description of any agreement entered into pursuant to
section 5.
SEC. 7. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs, the Committee on Armed Services, and the
Committee on Appropriations of the House of Representatives and
the Committee on Foreign Relations, the Committee on Armed
Services, and the Committee on Appropriations of the Senate.
(2) NATO.--The term ``NATO'' means the North Atlantic
Treaty Organization.
(3) Other european countries emerging from communist
domination.--The term ``other European countries emerging from
communist domination'' means--
(A) any member of the Conference on Security and
Cooperation in Europe located--
(i) in the territory of the former Union of
Soviet Socialist Republics; or
(ii) in the territory of the former
Socialist Federal Republic of Yugoslavia; or
(B) Estonia, Latvia, Lithuania, Romania, Bulgaria,
or Albania. | NATO Expansion Act of 1994 - Expresses the sense of the Congress with respect to NATO membership of Poland, Hungary, the Czech Republic, and Slovakia.
Authorizes the President to establish a program to assist the transition to full NATO membership for Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated pursuant to this Act.
Permits the President to provide specified security assistance to such countries, including excess defense articles, economic support fund assistance, international military education and training, and foreign military financing. Authorizes the President to provide additional assistance from the Nonproliferation and Disarmament Fund and Countries in Transition accounts. Permits the President to designate other European countries emerging from communist domination to receive assistance under this Act if he reports to the appropriate congressional committees that such countries: (1) have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (2) are likely to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area.
Authorizes the President to confer, pursuant to agreement with any country eligible to participate in the Partnership for Peace, rights with respect to the military and related civilian personnel and activities of that country in the United States comparable to those conferred by that country with respect to the United States. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``SMA Treatment Acceleration Act of
2009''.
SEC. 2. CLINICAL TRIALS NETWORK FOR SPINAL MUSCULAR ATROPHY.
Part B of title IV of the Public Health Service Act is amended by
adding at the end the following new section:
``SEC. 409J. CLINICAL TRIALS NETWORK FOR SPINAL MUSCULAR ATROPHY.
``(a) Clinical Trials Network.--The Director of NIH, in
coordination with the Directors of the National Institute of
Neurological Disorders and Stroke, the National Institute of Child
Health and Human Development, and such other Institutes and Centers as
specified by the Director shall provide for the upgrading and
unification of spinal muscular atrophy clinical trial sites and the
recruitment of new investigators and sites to establish a national
clinical trials network for spinal muscular atrophy. The Director of
NIH shall ensure that such network--
``(1) conducts coordinated, multisite, clinical trials of
therapies and clinical approaches to the treatment of spinal
muscular atrophy; and
``(2) rapidly and efficiently disseminates scientific
findings to the field.
``(b) Data Coordinating Center.--The Director of NIH, in
coordination with the Commissioner of Food and Drugs and the Directors
of the National Institute of Neurological Disorders and Stroke, the
National Institute of Child Health and Human Development, and such
other Institutes and Centers as specified by the Director, shall
establish a data coordinating center with respect to spinal muscular
atrophy to--
``(1) provide expert assistance in the design, conduct,
data analysis, data management, and data warehousing of
collaborative clinical and descriptive research projects;
``(2) organize and conduct multi-site monitoring
activities;
``(3) provide regular reports to the National Institute of
Neurological Disorders and Stroke, the National Institute of
Child Health and Human Development, such other Institutes and
Centers as specified by the Director, and the Food and Drug
Administration on enrollment and the allocation of resources;
and
``(4) conduct such other activities as are deemed necessary
by the Secretary.
``(c) Pre-Clinical Activities.--The Director of NIH, in
coordination with the Directors of the National Institute of
Neurological Disorders and Stroke and the National Institute of Child
Health and Human Development, shall expand and intensify programs of
such Institutes with respect to pre-clinical translation research
related to spinal muscular atrophy.''.
SEC. 3. NATIONAL PATIENT REGISTRY.
Part P of title III of the Public Health Service Act is amended by
adding at the end the following new section:
``SEC. 399S. NATIONAL SPINAL MUSCULAR ATROPHY PATIENT REGISTRY.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention and in coordination with
the Director of the NIH, shall enhance and provide ongoing support to a
spinal muscular atrophy patient registry to provide for expanded
epidemiological research towards improving awareness, management,
treatment, and prevention of spinal muscular atrophy.
``(b) Longitudinal Data.--In carrying out subsection (a), the
Secretary shall ensure the collection and analysis of longitudinal data
related to individuals of all ages with spinal muscular atrophy,
including infants, young children, adolescents, and adults of all
ages.''.
SEC. 4. INTERAGENCY SPINAL MUSCULAR ATROPHY RESEARCH COORDINATING
COMMITTEE.
Part B of title IV of the Public Health Service Act, as amended by
section 2, is further amended by adding at the end the following new
section:
``SEC. 409K. INTERAGENCY SPINAL MUSCULAR ATROPHY RESEARCH COORDINATING
COMMITTEE.
``(a) Establishment.--Not later than 6 months after the date of the
enactment of this section, the Secretary shall establish a committee,
to be known as the Interagency Spinal Muscular Atrophy Research
Coordinating Committee (in this section referred to as the
`Committee').
``(b) Duties.--The Committee shall--
``(1) share and coordinate information on existing research
activities, and make recommendations to the National Institutes
of Health and other Federal agencies regarding how to improve
existing research programs, that are related to spinal muscular
atrophy research and other related neurological diseases and
disorders;
``(2) develop a comprehensive strategy related to spinal
muscular atrophy research and other related neurological
diseases and disorders and advise the National Institutes of
Health and other Federal agencies, expanding proposals for
collaborative, multidisciplinary research, including proposals
for Common Fund research described in section 402(b)(7) and
other proposals that involve collaboration between 2 or more
national research institutes or national centers;
``(3) provide annual reports to the Secretary regarding the
National Institutes of Health and other Federal agencies'
collaborative multidisciplinary research efforts to support
spinal muscular atrophy, including the Spinal Muscular Atrophy
Project at the National Institute of Neurological Disorders and
Stroke, the ongoing and future research needs to advance
therapies for spinal muscular atrophy, and recommendations on
how to strengthen the collaboration of research activities by
the institutes and agencies to improve the results;
``(4) develop a summary of advances in research related to
spinal muscular atrophy research and other related neurological
diseases and disorders research supported or conducted by
Federal agencies; and
``(5) not later than 1 year after the date of the
establishment of the Committee, make recommendations to the
Secretary--
``(A) regarding any appropriate changes to research
activities, including recommendations to improve the
research portfolio of the National Institutes of Health
to ensure that scientifically-based strategic planning
is implemented in support of research priorities that
impact research activities related to spinal muscular
atrophy and other related neurological diseases and
disorders;
``(B) identifying barriers to the development of
new treatments and cures for spinal muscular atrophy
and other related neurological diseases and disorders;
``(C) regarding public participation in decisions
relating to spinal muscular atrophy research and other
related neurological diseases and disorders to increase
the involvement of patient advocacy and community
organizations representing a broad geographical area;
``(D) on how best to disseminate information on
spinal muscular atrophy progress; and
``(E) on how to expand partnerships between public
entities, including Federal agencies, and private
entities to expand collaborative, cross-cutting
research.
``(c) Rule of Construction.--In carrying out the duties described
in subsection (b) with respect to research on spinal muscular atrophy,
nothing in this section shall be construed to restrict the Secretary
from including other neurological or genetic disorders, as appropriate,
in such research if doing so may advance research in spinal muscular
atrophy or other related neurological diseases and disorders.
``(d) Membership.--
``(1) In general.--The Committee shall be composed of the
following voting members:
``(A) Not more than 11 voting Federal
representatives as follows:
``(i) The Director of the Centers for
Disease Control and Prevention.
``(ii) The Director of the National
Institutes of Health and the directors of such
national research institutes and national
centers (which shall include the National
Institute of Neurological Disorders and Stroke,
the National Institute of Child Health and
Human Development, and the National Center for
Research Resources) as the Secretary determines
appropriate.
``(iii) The Commissioner of Food and Drugs.
``(iv) The heads of such other agencies and
advisory committees as the Secretary determines
appropriate, including the Health Resources and
Services Administration, the Agency for
Healthcare Research and Quality, and the
Advisory Committee on Heritable Disorders and
Genetic Diseases in Newborns and Children.
``(v) Representatives of other Federal
agencies that conduct or support neurological
research, or provide support services and
resources for individuals with spinal muscular
atrophy, such as the Department of Education
and the Social Security Administration.
``(B) 9 additional voting members appointed under
paragraph (2).
``(2) Additional members.--The Committee shall include
additional voting members appointed by the Secretary as
follows:
``(A) 6 members shall be appointed from among
scientists, physicians, and other health professionals,
who--
``(i) are not officers or employees of the
United States;
``(ii) represent multiple disciplines,
including clinical, basic, and public health
sciences;
``(iii) represent different geographical
regions of the United States;
``(iv) are from practice settings,
academia, or other research settings; and
``(v) are experienced in scientific peer
review process.
``(B) 3 members shall be appointed from members of
the general public, who represent individuals with
spinal muscular atrophy.
``(3) Nonvoting members.--The Committee shall include such
nonvoting members as the Secretary determines to be
appropriate.
``(e) Chairperson.--The voting members of the Committee shall
select a chairperson from among the Federal members of the Committee
described in subsection (d)(1)(A). The selection of a chairperson may
be subject to the approval of the Secretary. The chairperson shall
serve for a term of not to exceed 2 years, but may be re-elected as
provided for in the first sentence.
``(f) Meetings.--The Committee shall meet at the call of the
chairperson of the Committee or upon the request of the Secretary, but
in no case less often than once each year.
``(g) Review.--In 2012, and biennially thereafter, the Secretary
shall review the necessity of the Committee.''.
SEC. 5. EDUCATION AND AWARENESS ON SMA FOR HEALTH CARE PROFESSIONALS.
Part P of title III of the Public Health Service Act, as amended by
section 3, is further amended by adding at the end the following new
section:
``SEC. 399T. INFORMATION AND EDUCATION ON SMA.
``The Secretary shall establish and implement a program to provide
information and education on spinal muscular atrophy to health
professionals and the general public, including information and
education on advances in the screening, diagnosis, and treatment of
spinal muscular atrophy and training and continuing education through
programs for scientists, physicians, medical students, and other health
professionals who provide care for patients with spinal muscular
atrophy.''. | SMA Treatment Acceleration Act of 2009 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to establish a national clinical trials network for spinal muscular atrophy by upgrading and unifying spinal muscular atrophy clinical trial sites and recruiting new investigators and sites. Requires the Director to ensure that such network: (1) conducts coordinated, multisite, clinical trials of therapies and clinical approaches to the treatment of spinal muscular atrophy; and (2) rapidly and efficiently disseminates scientific findings to the field.
Requires the Director to: (1) establish a data coordinating center with respect to spinal muscular atrophy; and (2) expand and intensify NIH programs with respect to preclinical translation research related to spinal muscular atrophy.
Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance and support a spinal muscular atrophy patient registry to provide for expanded epidemiological research towards improving awareness, management, treatment, and prevention of spinal muscular atrophy. Requires the Secretary to ensure the collection and analysis of longitudinal data related to individuals of all ages.
Directs the Secretary to establish the Interagency Spinal Muscular Atrophy Research Coordinating Committee. Sets forth the duties of the Committee, including to develop a comprehensive strategy related to spinal muscular atrophy research and other related neurological diseases and disorders.
Requires the Secretary to establish a program to provide information and education on spinal muscular atrophy to health professionals and the general public. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beginning Farmers and Ranchers Tax
Incentive Act of 2003''.
SEC. 2. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND.
(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 adding after section 121 the following
new section:
``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF QUALIFIED FARM PROPERTY.
``(a) Exclusion.--In the case of a natural person, gross income
shall not include--
``(1) 100 percent of the gain from the sale or exchange of
qualified farm property to a first-time farmer (as defined in
section 147(c)(2)(C) (determined without regard to clause
(i)(II) thereof)) who certifies that the use of such property
shall be as a farm for farming purposes for not less than 10
years after such sale or exchange,
``(2) 50 percent of the gain from the sale or exchange of
qualified farm property to any other person who certifies that
the use of such property shall be as a farm for farming
purposes for not less than 10 years after such sale or
exchange, and
``(3) 25 percent of the gain from the sale or exchange of
qualified farm property to any other person for any other use.
``(b) Limitation on Amount of Exclusion.--
``(1) In general.--The amount of gain excluded from gross
income under subsection (a) with respect to any taxable year
shall not exceed $500,000 ($250,000 in the case of a married
individual filing a separate return), reduced by the aggregate
amount of gain excluded under subsection (a) for all preceding
taxable years.
``(2) Special rule for joint returns.--The amount of the
exclusion under subsection (a) on a joint return for any
taxable year shall be allocated equally between the spouses for
purposes of applying the limitation under paragraph (1) for any
succeeding taxable year.
``(c) Qualified Farm Property.--
``(1) Qualified farm property.--For purposes of this
section, the term `qualified farm property' means real property
located in the United States if, during periods aggregating 3
years or more of the 5-year period ending on the date of the
sale or exchange of such real property--
``(A) such real property was used as a farm for
farming purposes by the taxpayer or a member of the
family of the taxpayer, and
``(B) there was material participation by the
taxpayer (or such a member) in the operation of the
farm.
``(2) Definitions.--For purposes of this subsection, the
terms `member of the family', `farm', and `farming purposes'
have the respective meanings given such terms by paragraphs
(2), (4), and (5) of section 2032A(e).
``(3) Special rules.--For purposes of this section, rules
similar to the rules of paragraphs (4) and (5) of section
2032A(b) and paragraphs (3) and (6) of section 2032A(e) shall
apply.
``(d) Other Rules.--For purposes of this section, rules similar to
the rules of subsection (e) and subsection (f) of section 121 shall
apply.
``(e) Treatment of Disposition or Change in Use of Property.--
``(1) In general.--If, as of the close of any taxable year,
there is a recapture event with respect to any qualified farm
property transferred to the taxpayer in a sale or exchange
described in paragraph (1) or (2) of subsection (a), then the
tax of the taxpayer under this chapter for such taxable year
shall be increased by an amount equal to the product of--
``(A) the applicable recapture percentage, and
``(B) 10 percent of the taxpayer's adjusted basis
in the property on the date such property was
transferred to the taxpayer.
``(2) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection,
the applicable recapture percentage shall be determined
from the following table:
``If the recapture event occurs in: The applicable recapture percentage
is:
Years 1 through 5.................... 100
Year 6............................... 80
Year 7............................... 60
Year 8............................... 40
Year 9............................... 20
Years 10 and thereafter.............. 0.
``(B) Years.--For purposes of subparagraph (A),
year 1 shall begin on the date of the sale or exchange
described in paragraph (1) or (2) of subsection (a).
``(3) Recapture event defined.--For purposes of this
subsection, the term `recapture event' means--
``(A) Cessation of operation.--The cessation of the
operation of any property the sale or exchange of which
to the taxpayer is described in paragraph (1) or (2) of
subsection (a) as a farm for farming purposes.
``(B) Change in ownership.--
``(i) In general.--Except as provided in
clause (ii), the disposition of a taxpayer's
interest in any property the sale or exchange
of which to the taxpayer is described in
paragraph (1) or (2) of subsection (a).
``(ii) Agreement to assume recapture
liability.--Clause (i) shall not apply if the
person acquiring such interest in the property
agrees in writing to assume the recapture
liability of the person disposing of such
interest in effect immediately before such
disposition. In the event of such an
assumption, the person acquiring the interest
in the property shall be treated as the
taxpayer for purposes of assessing any
recapture liability (computed as if there had
been no change in ownership).
``(4) Special rules.--
``(A) No credits against tax.--Any increase in tax
under this subsection shall not be treated as a tax
imposed by this chapter for purposes of determining the
amount of any credit under subpart A, B, or D of this
part.
``(B) No recapture by reason of hardship.--The
increase in tax under this subsection shall not apply
to any disposition of property or cessation of the
operation of any property as a farm for farming
purposes by reason of any hardship as determined by the
Secretary.''.
(b) Conforming Amendment.--The table of sections for part III of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by adding after the item relating to section 121 the following
new item:
``Sec. 121A. Exclusion of gain from sale of qualified farm property.''.
(c) Effective Date.--The amendment made by this section shall apply
to any sale or exchange on or after the date of the enactment of this
Act, in taxable years ending after such date. | Beginning Farmers and Ranchers Tax Incentive Act of 2003 - Amends the Internal Revenue Code to exclude from gross income: (1) 100 percent of the gain from the sale or exchange of qualified farm property to a first-time farmer who certifies that the use of such property shall be as a farm for farming purposes for not less than 10 years after such sale or exchange; (2) 50 percent of the gain from the sale or exchange of qualified farm property to any other person who certifies that the use of such property shall be as a farm for farming purposes for not less than 10 years after such sale or exchange; and (3) 25 percent of the gain from the sale or exchange of qualified farm property to any other person for any other use. Limits the amount of any of the above exclusions with respect to any taxable year to $500,000 on a joint return. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Resources Conservation and
Shortage Relief Amendments Act of 1993''.
SEC. 2. RESTRICTION ON EXPORTS OF UNPROCESSED TIMBER FROM STATE AND
OTHER PUBLIC LANDS.
Section 491 of the Forest Resources Conservation and Shortage Relief
Act of 1990 (16 U.S.C. 620c) is amended--
(1) in subsection (a)--
(A) by striking ``(e)'' and inserting ``(g)''; and
(B) by striking ``in the amounts specified'' and inserting
``as provided'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``, notwithstanding any other provision
of law,'' after ``prohibit''; and
(ii) by striking ``not later than 21 days after the date
of the enactment of this Act'' and inserting ``, effective
June 1, 1993'';
(B) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) The Secretary of Commerce shall issue an order
referred to in subsection (a) to prohibit, notwithstanding any
other provision of law, the export of unprocessed timber
originating from public lands, effective during the period
beginning on June 1, 1993, and ending on December 31, 1995.'';
(ii) by striking subparagraphs (B) and (C); and
(iii) in subparagraph (D)--
(I) by redesignating such subparagraph as
subparagraph (B); and
(II) by striking ``total annual sales volume'' and
inserting ``annual sales volume in that State of
unprocessed timber originating from public lands'';
(C) in paragraph (3)--
(i) by redesignating such paragraph as paragraph (4);
and
(ii) by striking ``States pursuant to this title'' and
inserting ``the Secretary of Commerce pursuant to this title
and the effectiveness of State programs authorized under
subsection (d)''; and
(D) by inserting after paragraph (2) the following new
paragraph:
``(3) Prohibition on substitution.--
``(A) Prohibition.--Subject to subparagraph (B), each order
of the Secretary of Commerce under paragraph (1) or (2) shall
also prohibit, notwithstanding any other provision of law, any
person from purchasing, directly or indirectly, unprocessed
timber originating from public lands in a State if--
``(i) such unprocessed timber would be used in
substitution for exported unprocessed timber originating
from private lands in that State; or
``(ii) such person has, during the preceding 24-month
period, exported unprocessed timber originating from private
lands in that State.
``(B) Exemption.--The prohibitions referred to in
subparagraph (A) shall not apply in a State on or after the date
on which--
``(i) the Governor of that State provides the Secretary
of Commerce with notification of a prior program under
subparagraph (C) of subsection (d)(2),
``(ii) the Secretary of Commerce approves a program of
that State under subparagraph (A) of subsection (d)(2), or
``(iii) regulations of the Secretary of Commerce issued
under subsection (c) to carry out this section take effect,
whichever occurs first.'';
(3) by redesignating subsections (e) through (j) as subsections
(g) through (l), respectively; and
(4) by striking subsections (c) and (d) and inserting the
following:
``(c) Federal Program.--
``(1) Administration by the secretary of commerce.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Commerce shall, as soon as possible after the date
of the enactment of the Forest Resources Conservation and
Shortage Relief Amendments Act of 1993--
``(i) determine the species, grades, and geographic
origin of unprocessed timber to be prohibited from export in
each State that is subject to an order issued under
subsection (a);
``(ii) administer the prohibitions consistent with this
title;
``(iii) ensure that the species, grades, and geographic
origin of unprocessed timber prohibited from export within
each State is representative of the species, grades, and
geographic origin of timber comprising the total timber
sales program of the State; and
``(iv) issue such regulations as are necessary to carry
out this section.
``(B) Exemption.--The actions and regulations of the
Secretary under subparagraph (A) shall not apply with respect to
a State that is administering and enforcing a program under
subsection (d).
``(2) Cooperation with other agencies.--The Secretary of
Commerce is authorized to enter into agreements with Federal and
State agencies with appropriate jurisdiction to assist the Secretary
in carrying out this title.
``(d) Authorized State Programs.--
``(1) Authorization of new state programs.--Notwithstanding
subsection (c), the Governor of any State may submit a program to
the Secretary of Commerce for approval that--
``(A) implements, with respect to unprocessed timber
originating from public lands in that State, the prohibition on
exports set forth in the Secretary's order under subsection (a);
and
``(B) ensures that the species, grades, and geographic
origin of unprocessed timber prohibited from export within the
State is representative of the species, grades, and geographic
origin of timber comprising the total timber sales program of
the State.
``(2) Approval of state programs.--
``(A) Program approval.--Not later than 30 days after the
submission of a program under paragraph (1), the Secretary of
Commerce shall approve the program unless the Secretary finds
that the program will result in the export of unprocessed timber
from public lands in violation of this title and publishes that
finding in the Federal Register.
``(B) State program in lieu of federal program.--If the
Secretary of Commerce approves a program submitted under
paragraph (1), the Governor of the State for which the program
was submitted, or such other official of that State as the
Governor may designate, may administer and enforce the program,
which shall apply in that State in lieu of the regulations
issued under subsection (c).
``(C) Prior state programs.--Not later than 30 days after
the date of the enactment of the Forest Resources Conservation
and Shortage Relief Amendments Act of 1993, the Governor of any
State that had, before May 4, 1993, issued regulations under
this subsection as in effect before May 4, 1993, may provide the
Secretary of Commerce with written notification that the State
has a program that was in effect on May 3, 1993, and that meets
the requirements of paragraph (1). Upon such notification, that
State may administer and enforce that program in that State
until the end of the 9-month period beginning on the date on
which the Secretary of Commerce issues regulations under
subsection (c), and that program shall, during the period in
which it is so administered and enforced, apply in that State in
lieu of the regulations issued under subsection (c). Such
Governor may submit, with such notification, the program for
approval by the Secretary under paragraph (1).
``(e) Prior Contracts.--Nothing in this section shall apply to--
``(1) any contract for the purchase of unprocessed timber
originating from public lands that was entered into before--
``(A) September 10, 1990, with respect to States with annual
sales volumes of 400,000,000 board feet or less; or
``(B) January 1, 1991, with respect to States with annual
sales volumes greater than 400,000,000 board feet; or
``(2) any contract under which exports of unprocessed timber
were permitted pursuant to an order of the Secretary of Commerce in
effect under this section before October 23, 1992.
``(f) Western Red Cedar.--Nothing in this section shall be construed
to supersede section 7(i) of the Export Administration Act of 1979 (50
U.S.C. App. 2406(i)).''.
SEC. 3. MONITORING AND ENFORCEMENT.
(a) Monitoring.--Section 492(a) of the Forest Resources Conservation
and Shortage Relief Act of 1990 (16 U.S.C. 620d(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end of the
paragraph;
(2) in paragraph (2), by striking the period at the end of the
paragraph and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) each person who acquires, either directly or indirectly,
unprocessed timber originating from public lands in a State that is
subject to an order issued by the Secretary of Commerce under
section 491(a), other than a State that is administering and
enforcing a program under section 491(d), shall report the receipt
and disposition of the timber to the Secretary of Commerce, in such
form as the Secretary may by rule prescribe, except that nothing in
this paragraph shall be construed to hold any person responsible for
reporting the disposition of any timber held by subsequent persons;
and
``(4) each person who transfers to another person unprocessed
timber originating from public lands in a State that is subject to
an order issued by the Secretary of Commerce under section 491(a),
other than a State that is administering and enforcing a program
under section 491(d), shall, before completing the transfer--
``(A) provide to such other person a written notice, in such
form as the Secretary of Commerce may prescribe, that shall
identify the public lands from which the timber originated; and
``(B) receive from such other person--
``(i) a written acknowledgment of the notice, and
``(ii) a written agreement that the recipient of the
timber will comply with the requirements of this title,
in such form as the Secretary of Commerce may prescribe; and
``(C) provide to the Secretary of Commerce copies of all
notices, acknowledgments, and agreements referred to in
subparagraphs (A) and (B).''.
(b) Civil Penalties.--Section 492(c) of the Forest Resources
Conservation and Shortage Relief Act of 1990 is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' before ``If the Secretary''; and
(B) by adding at the end the following:
``(B)(i) Subject to clause (ii), if the Secretary of Commerce
finds, on the record and after an opportunity for a hearing, that a
person, with willful disregard for the restrictions contained in an
order of the Secretary under section 491(a) on exports of
unprocessed timber from public lands, exported or caused to be
exported unprocessed timber originating from public lands in
violation of such order, the Secretary may assess against such
person a civil penalty of not more than $500,000 for each violation,
or 3 times the gross value of the unprocessed timber involved in the
violation, whichever amount is greater.
``(ii) Clause (i) shall not apply with respect to exports of
unprocessed timber originating from public lands in a State that is
administering and enforcing a program under section 491(d).''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively;
(B) by inserting ``(A)'' before ``If the Secretary''; and
(C) by adding at the end the following:
``(B)(i) Subject to clause (ii), if the Secretary of Commerce
finds, on the record and after an opportunity for a hearing, that a
person has violated, on or after June 1, 1993, any provision of this
title or any regulation issued under this title relating to the
export of unprocessed timber originating from public lands (whether
or not the violation caused the export of unprocessed timber from
public lands in violation of this title), the Secretary may assess
against such person a civil penalty to the same extent as the
Secretary concerned may impose a penalty under clause (i), (ii), or
(iii) of subparagraph (A).
``(ii) Clause (i) shall not apply with respect to unprocessed
timber originating from public lands in a State that is
administering and enforcing a program under section 491(d).''.
SEC. 4. SEVERABILITY.
If any provision of this Act or the amendments made by this Act, or
the application thereof to any person or circumstance is held invalid,
the remainder of this Act and such amendments and the application of
such provision to other persons not similarly situated or to other
circumstances shall not be affected by such invalidation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Forest Resources Conservation and Shortage Relief Amendments Act of 1993 - Amends the Forest Resources Conservation and Shortage Relief Act of 1990 to direct the Secretary of Commerce to: (1) prohibit through 1995 the export of unprocessed timber from State and other public lands, or the purchase of such timber as a substitute for exported private land timber; and (2) administer such prohibitions.
Authorizes a State, upon approval of the Secretary, to implement a program in lieu of the Federal one.
Establishes civil penalties for violations of this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pyramid Lake Paiute Tribe Fish
Springs Ranch Settlement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
entitled ``Fish Springs Ranch Water Rights Settlement
Agreement'' and dated May 20, 2007 (including any amendments
and exhibits to that agreement).
(2) Environmental impact statement.--The term
``environmental impact statement'' means the final
environmental impact statement for the North Valleys Rights-of-
Way Projects prepared by the Bureau of Land Management (70 Fed.
Reg. 68473).
(3) Final payment date.--The term ``final payment date''
means the date on which Fish Springs pays to the Tribe the
final installment amount, as provided in the Agreement.
(4) Fish springs.--The term ``Fish Springs'' means the Fish
Springs Ranch, LLC, a Nevada limited liability company (or a
successor in interest).
(5) Project.--
(A) In general.--The term ``Project'' means the
project for pumping and transfer by Fish Springs of not
more than 8,000 acre-feet of groundwater per year, as
described in the environmental impact statement and the
record of decision.
(B) Inclusion.--The term ``Project'' includes the
pumping and transfer of not more than 5,000 acre-feet
of groundwater per year (in addition to the acre-feet
referred to in subparagraph (A)) in accordance with the
Agreement, including the acquisition by Fish Springs of
the rights and approval to pump that groundwater in
accordance with Federal and State law.
(C) Exclusions.--The term ``Project'' does not
include--
(i) the project proposed by Intermountain
Water Supply, Ltd., and described in the
environmental impact statement; or
(ii) any other project or activity not
otherwise specified in this Act.
(6) Record of decision.--The term ``record of decision''
means the public record of the decision of the District Manager
of the Bureau of Land Management for the State of Nevada issued
on May 31, 2006, regarding the environmental impact statement
and the Project.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Tribe.--The term ``Tribe'' means the Pyramid Lake
Paiute Tribe of Indians organized under section 16 of the Act
of June 18, 1934 (commonly known as the ``Indian Reorganization
Act'') (25 U.S.C. 476).
SEC. 3. RATIFICATION OF AGREEMENT.
(a) In General.--Except as provided in subsection (c), and except
to the extent that a provision of the Agreement conflicts with this
Act, notwithstanding any other provision of Federal or tribal law, the
Agreement is ratified.
(b) Execution of Agreement.--The Secretary shall execute the
obligations of the Secretary under the Agreement (including any exhibit
to the Agreement requiring the signature of the Secretary) in
accordance with this Act.
(c) Exceptions.--
(1) Choice of law.--Notwithstanding any provision of the
Agreement, the Agreement and this Act shall be governed by
applicable Federal law and Nevada State law.
(2) Waiver and retention of claims.--Notwithstanding any
provision of the Agreement, any waiver or retention of a claim
by the Tribe or the United States on behalf of the Tribe
relating to the Agreement shall be carried out in accordance
with section 4.
(d) Environmental Compliance.--
(1) No major federal action.--The execution of the
Agreement by the Secretary pursuant to this Act shall not be
considered to be a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) Compliance activities.--The Secretary shall carry out
all required Federal environmental compliance activities in
executing the Agreement.
(e) Compliance With Applicable Law.--This section and the Agreement
shall be considered to be in accordance with all applicable
requirements of section 2116 of the Revised Statutes (25 U.S.C. 177).
SEC. 4. WAIVER AND RELEASES OF CLAIMS.
(a) Release of Claims Against Fish Springs.--In executing the
Agreement pursuant to this Act, the Tribe and the Secretary, acting on
behalf of the Tribe, shall waive and release all claims against Fish
Springs--
(1) for damage, loss, or injury to water rights or claims
of interference with or diversion or taking of water rights
(including claims for injury to land resulting from such a
damage, loss, injury, interference, diversion, or taking under
the Agreement) relating to the use of water by Fish Springs
under the Agreement for the Project; or
(2) relating in any manner to the negotiation or adoption
of the Agreement.
(b) Release of Claims Against United States.--In carrying out the
Agreement, the Tribe shall waive and release any claim of the Tribe
against the United States (including all employees and agents of the
United States) relating in any manner to--
(1) damage, loss, or injury to water, water rights, land,
or any other resource due to loss of water or water rights
(including damage, loss, or injury to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with or diversion or
taking of water or water rights, and claims relating to a
failure to protect, acquire, replace, or develop water, water
rights, or water infrastructure) due to use of water by Fish
Springs under the Agreement for the Project;
(2) the record of decision, the environmental impact
statement, or the Agreement; or
(3) the negotiation, execution, or adoption of the
Agreement or this Act, including--
(A) the use by the Tribe of funds paid to the Tribe
under the Agreement; and
(B) the acquisition and use by the Tribe of land
under the Agreement.
(c) Effectiveness of Waivers and Releases.--
(1) Claims against fish springs.--The waivers and releases
under subsection (a) shall take effect on the final payment
date.
(2) Claims against united states.--A waiver or release
under subsection (b) shall take effect on the date on which the
Tribe executes the waiver or release.
(d) Retention of Claims by United States and Tribe.--The Tribe and
the Secretary, acting on behalf of the Tribe, shall retain--
(1) all claims for enforcement of the Agreement or this Act
through such legal and equitable remedies as are available in
the appropriate United States court;
(2) subject to the right of Fish Springs to carry out the
Project, the right to assert and protect any right of the Tribe
to surface or groundwater or any other trust resource;
(3) all rights to claim or acquire a water right in
accordance with applicable law, and to use and protect any
water right acquired after the date of enactment of this Act,
that is not in conflict with the Agreement and this Act;
(4) all claims relating to activities affecting the quality
of water, including any claim of the Tribes under--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) (including claims for damages to natural
resources);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); or
(D) a regulation implementing an Act referred to in
subparagraphs (A) through (C); and
(5) all rights, remedies, privileges, immunities, and
authorities not specifically waived and released pursuant to
this Act.
SEC. 5. SATISFACTION OF CLAIMS.
The benefits provided to the Tribe under the Agreement and this Act
shall be considered to be full satisfaction of all claims of the Tribe
and the United States waived and released pursuant to section 4.
SEC. 6. BENEFICIARIES TO AGREEMENT.
(a) Requirement.--The parties to the Agreement shall be the only
beneficiaries of the Agreement.
(b) Prohibition.--Nothing in the Agreement or this Act provides to
any individual or entity third-party beneficiary status relating to the
Agreement.
SEC. 7. JURISDICTION.
A civil action relating to the enforcement of the Agreement shall
be filed in the United States District Court for the District of
Nevada.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) Truckee-Carson-Pyramid Lake Water Rights Settlement Act.--
Nothing in this Act affects any right or interest recognized or
established in the Truckee-Carson-Pyramid Lake Water Rights Settlement
Act (Public Law 101-618; 104 Stat. 3294).
(b) No Establishment of Standard.--Nothing in this Act establishes
a standard for the quantification of a Federal reserved water right or
any other claim of an Indian tribe other than the Tribe in any other
judicial or administrative proceeding.
(c) Other Claims.--Nothing in the Agreement or this Act quantifies
or otherwise adversely affects any water right, claim or entitlement to
water, or any other right of any Indian tribe, band, or community other
than the Tribe.
SEC. 9. NULLIFICATION DATE.
If the Tribe fails to execute any waiver or release described in
section 4(b) by the date that is 90 days after the date of enactment of
this Act, the Agreement shall be null and void. | Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Act - Ratifies the Fish Springs Ranch Water Rights Settlement Agreement dated May 20, 2007.
Sets forth provisions governing the waiver and retention of claims by the Pyramid Lake Paiute Tribe of Indians and the Secretary of the Interior. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Neighbor Social Security Office
and Community Protection Act of 2012''.
SEC. 2. FINDINGS.
Congress finds that:
(1) As of March 2012, more than 61,000,000 Americans
received benefits from the Social Security Administration.
(2) Americans depend upon convenient access to Social
Security Administration field offices.
(3) The Social Security Administration faces growing
financial constraints consistent with the fiscal emergency
faced by the Nation.
(4) Americans rightly expect the Social Security
Administration to meet its financial objectives through methods
that preserve service standards to the highest degree possible.
(5) The Social Security Administration is in the process of
closing large numbers of field offices in an effort that is
expected to last several years.
(6) The Social Security Administration is closing field
offices without adequate community input and process
transparency.
(7) The shortcomings in the Social Security
Administration's process for closing field offices are due in
part to an absence of a statutorily defined field office
closure procedures that protect the interests of all interested
parties.
(8) Social Security beneficiaries and the communities
surrounding Social Security field offices deserve notice of
office closures, an opportunity to offer comment and have those
comments given due consideration, and a clear plan to minimize
service disruption from an office closure.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Social Security Administration.
(2) Closure.--The term ``closure'' includes any
realignment, consolidation, or merger of an Administration
field office.
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of Social Security.
(4) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northen Mariana Islands.
SEC. 4. GUIDELINES AND STANDARDIZED PROCEDURES FOR CLOSURE OF SOCIAL
SECURITY ADMINISTRATION FIELD OFFICES.
(a) Guidelines for Identification of Offices for Possible
Closure.--Not later than 180 days after the date of enactment of this
Act, the Commissioner shall develop and publish--
(1) financial guidelines that may be used to identify
Administration field offices for possible closure; and
(2) standardized closure procedures that meet the
requirements of section 5.
(b) Non-Binding.--The financial guidelines and standardized closure
procedures developed under subsection (a) shall provide that
identification of an Administration field office for possible closure
shall not require the Commissioner to begin closure procedures for any
field office identified as a result of the application of such
guidelines or the initiation of such procedures.
SEC. 5. REQUIREMENTS FOR CLOSURE OF SOCIAL SECURITY ADMINISTRATION
FIELD OFFICES.
(a) Office Closure and Service Continuity Proposal.--In any case
where the Commissioner has identified an Administration field office
for possible closure as a result of the application of the financial
guidelines developed under section 4 and decides to initiate procedures
to close that field office, the Commissioner shall develop an office
closure and service continuity proposal for the office that contains
the following information:
(1) The financial justification for the proposed office
closure, with estimated savings in costs relating to real
estate, labor, and miscellaneous expenses.
(2) The estimated cost of the office closure.
(3) Data for monthly customer traffic at the office.
(4) The location of the two nearest Administration field
offices that would remain open after the office closure.
(5) The estimated travel time, by private vehicle and
public transit, from the Administration field office proposed
for closure and the two nearest Administration field offices
that would remain open after the office closure.
(6) The steps the Administration plans to take to mitigate
any hardship created by the office closure.
(7) The names and addresses of governmental agencies and
community organizations to be notified in accordance with
subsection (b).
(8) The postal and electronic addresses for which public
comments may be sent in accordance with subsection (c).
(b) Notices Required Prior to Final Closure Decision.--
(1) In general.--Not less than 90 days prior to the
proposed closure date for an Administration field office, the
Commissioner shall--
(A) provide copies of the office closure and
service continuity proposal developed for the
Administration field office to--
(i) the chief executive office of the State
in which field office proposed for closure is
located;
(ii) the chief executive officers for the
county and city government jurisdictions in
which the field office proposed for closure is
located; and
(iii) the head of the social services
agencies that receive Federal funds that are
located within a 10-mile radius of the field
office proposed for closure;
(B) publish the proposal in newspapers whose
circulation area includes areas served by the field
office proposed for closure; and
(C) broadcast the proposal over Federally licensed
radio stations whose broadcast area includes areas
served by the field office proposed for closure.
(2) Records.--The Commissioner shall maintain records of
the dates on which the notices, publications, and broadcasts
required under paragraph (1) are made.
(c) Public Comment Required Prior to Final Closure Decision.--
(1) In general.--The Commissioner shall hold at least 1
hearing at which public comments may be made prior making any
final decision to close an Administration field office. The
Commissioner also shall provide postal and electronic addresses
for which written comments regarding the proposed closure may
be submitted.
(2) Notice.--The date and time for the public comment
hearing on the proposed closure of an Administration field
office shall be included in the notices, publications, and
broadcasts required under subsection (b).
(3) Timing.--The public comment hearing shall be held at
least 21 days after notice of the date and time for the hearing
is made in accordance with paragraph (2) and at least 60 days
prior to the proposed closure date for the Administration field
office.
(4) Attendance.--The Regional Commissioner for the region
in which the Administration field office proposed for closure
is located shall attend the public comment hearing. Only in
cases where Regional Commissioner is, in good faith, unable to
attend the hearing, may a designated representative attend the
public comment hearing in lieu of the Regional Commissioner.
(5) Format.--The public comment hearing shall be conducted
as follows:
(A) The hearing shall begin with a presentation by
the Commissioner of the case for closure of the field
office.
(B) The hearing shall then provide at least 1 hour
following the conclusion of the presentation of the
case for closure for comments from elected officials.
(C) Following the conclusion of the period for
comment from elected officials, the hearing shall then
provide at least 1 hour for comments from the public.
(6) Records.--The Commissioner shall maintain a record of
the comments provided at the hearing and shall include in the
record any written comments received regarding the proposed
closure of the field office. The Commissioner shall publish the
record on the Administration Web site within 5 days after the
conclusion of the public comment hearing.
(d) Final Closure Decision.--
(1) In general.--The Commissioner shall issue a final
closure decision regarding an Administration field office only
after review of the comments received regarding the closure and
evaluation of any alternatives to closing the office that are
made at the public comment hearing or through written
submission.
(2) Notice.--Notice of the Commissioner's final closure
decision with respect to an Administration field office shall
be published on the Administration Web site and shall be
distributed, published, and broadcast in the same manner as
notice of the office closure and service continuity proposal is
made under subsection (b).
(3) Decision to close.--If the Commissioner's final closure
decision is to close a field office, the Commissioner shall
amend the office closure and service continuity proposal for
the field office to incorporate additional information obtained
during the public comment period.
(4) Timing.--Notice of the Commissioner's final closing
decision shall be provided at least 45 days prior to a closing
date for a field office.
(e) Additional Requirements.--The Commissioner shall continue to
operate an Administration field office proposed for closure in good
faith and with the assumption of continued service, until notice of the
Commissioner's final closure decision is made. The Commissioner shall
not take any action to close an Administration field office prior to
providing notice of the Commissioner's final closure decision,
including--
(1) terminating or providing notice to terminate any real
estate lease, rental, or similar arrangement;
(2) concluding agreements with collective bargaining units
related to the office closure;
(3) making expenditures related to the proposed office
closure, except those necessary to fulfill the requirements of
this Act; and
(4) entering into contracts related to the proposed office
closure, except those necessary to fulfill the process
requirements of this Act.
(f) Extensions of Time for Closure.--The Commissioner may--
(1) toll any time periods for action established by this
Act, provided that an equivalent delay in the proposed closing
date is made; and
(2) delay the proposed closing date for an Administration
field office at any time in the closing process, including, if
the final closure decision is to close the office, after making
that decision.
SEC. 6. NON-APPLICABILITY TO DISPOSAL OF REAL PROPERTY RELATED TO
CLOSED OFFICES.
Nothing in this Act shall be construed to prevent or delay the
speedy disposal of surplus Government real property, including any
Administration field offices closed in accordance with the requirements
of this Act. | Good Neighbor Social Security Office and Community Protection Act of 2012 - Directs the Commissioner of Social Security to develop and publish: (1) financial guidelines that may be used to identify Social Security Administration field offices for possible closure, and (2) standardized closure procedures that meet certain requirements.
Requires such guidelines and procedures to provide that identification of an Administration field office for possible closure shall not require the Commissioner to begin closure procedures for it.
Requires the Commissioner to: (1) develop an office closure and service continuity proposal for any office so identified which the Commissioner decides to close that contains, among other specified items, the estimated cost of the closure; (2) notify state and local chief executive offices and the public before closure; (3) require the Commissioner to hold at least one hearing to take public comments before making a final decision to close a field office; (5) issue a final closure decision only after review of such comments and evaluation of any alternatives to closing the office; and (6) continue to operate an office proposed for closure in good faith and with the assumption of continued service until the notice of the Commisioner's final closure decision is made. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Transportation Safety Fund
Act''.
TITLE I--ESTABLISHMENT AND FUNDING
SEC. 101. MODIFICATION AND PERMANENT EXTENSION OF THE INCENTIVES TO
REINVEST FOREIGN EARNINGS IN THE UNITED STATES.
(a) Repatriation Subject to 5 Percent Tax Rate.--Subsection (a)(1)
of section 965 of the Internal Revenue Code of 1986 is amended by
striking ``85 percent'' and inserting ``85.7 percent''.
(b) Permanent Extension To Elect Repatriation.--Subsection (f) of
section 965 of the Internal Revenue Code of 1986 is amended to read as
follows:
``(f) Election.--The taxpayer may elect to apply this section to
any taxable year only if made on or before the due date (including
extensions) for filing the return of tax for such taxable year.''.
(c) Repatriation Includes Current and Accumulated Foreign
Earnings.--
(1) In general.--Paragraph (1) of section 965(b) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) In general.--The amount of dividends taken into
account under subsection (a) shall not exceed the sum of the
current and accumulated earnings and profits described in
section 959(c)(3) for the year a deduction is claimed under
subsection (a), without diminution by reason of any
distributions made during the election year, for all controlled
foreign corporations of the United States shareholder.''.
(2) Conforming amendments.--
(A) Section 965(b) of such Code is amended by
striking paragraphs (2) and (4) and by redesignating
paragraph (3) as paragraph (2).
(B) Section 965(c) of such Code is amended by
striking paragraphs (1) and (2) and by redesignating
paragraphs (3), (4), and (5) as paragraphs (1), (2),
and (3), respectively.
(C) Paragraph (3) of section 965(c) of such Code,
as redesignated by subparagraph (B), is amended to read
as follows:
``(3) Controlled groups.--All United States shareholders
which are members of an affiliated group filing a consolidated
return under section 1501 shall be treated as one United States
shareholder.''.
(d) Clerical Amendments.--
(1) The heading for section 965 of the Internal Revenue
Code of 1986 is amended by striking ``temporary''.
(2) The table of sections for subpart F of part III of
subchapter N of chapter 1 of such Code is amended by striking
``Temporary dividends'' and inserting ``Dividends''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 102. ESTABLISHMENT OF EMERGENCY TRANSPORTATION SAFETY FUND.
(a) In General.--There is established in the Treasury of the United
States a trust fund to be known as the ``Emergency Transportation
Safety Fund''.
(b) Transfers to Emergency Transportation Safety Fund.--
(1) In general.--There are hereby appropriated to the
Emergency Transportation Safety Fund amounts equivalent to 50
percent of the excess of--
(A) the taxes received in the United States
Treasury which are attributable to eligible 965
dividends received by corporations which are United
States shareholders, over
(B) the amount of the foreign tax credit allowed
under section 901 of the Internal Revenue Code of 1986
which is attributable to the non-deductible portion of
such eligible 965 dividends.
(2) Definitions.--For purposes of this subsection--
(A) Eligible 965 dividend.--The term ``eligible 965
dividend'' means any amount received from a controlled
foreign corporation for which a deduction is allowed
under section 965 of the Internal Revenue Code of 1986,
as determined based on estimates made by the Secretary
of the Treasury, or the Secretary's delegate.
(B) Non-deductible portion.--The term ``non-
deductible portion'' means the excess of the amount of
any eligible 965 dividend over the deductible portion
(as defined in section 965(d)(3) of the Internal
Revenue Code of 1986) of such amount.
(c) Emergency Relief Expenditures.--Section 125(c) of title 23,
United States Code, is amended by adding at the end the following:
``(3) Emergency transportation safety fund.--Amounts
deposited into the Emergency Transportation Safety Fund
established under section 102(a) of the Emergency
Transportation Safety Fund Act are authorized to be obligated
to carry out, in priority order, the projects on the current
list compiled by the Secretary under section 201(b)(1) of such
Act that meet the eligibility requirements set forth in
subsection (a).''.
TITLE II--EMERGENCY TRANSPORTATION SAFETY PRIORITY LIST
SEC. 201. EMERGENCY TRANSPORTATION PRIORITIES.
(a) List.--The Secretary of Transportation, in consultation with a
representative sample of State and local government transportation
officials, shall compile a prioritized list of emergency transportation
projects, which will guide the allocation of funding to the States from
the Emergency Transportation Safety Fund.
(b) Criteria.--In compiling the list under subsection (a), the
Secretary of Transportation, in addition to other criteria established
by the Secretary, shall rank priorities in descending order, beginning
with--
(1) whether the project is part of the interstate highway
system;
(2) whether the project is a road or bridge that is closed
for safety reasons;
(3) the impact of the project on interstate commerce;
(4) the volume of traffic affected by the project; and
(5) the overall value of the project or entity.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Transportation shall submit a
report to Congress that includes--
(1) a prioritized list of emergency transportation projects
to be funded through the Emergency Transportation Safety Fund;
and
(2) a description of the criteria used to establish the
list referred to in paragraph (1).
(d) Quarterly Updates.--Not less frequently than 4 times per year,
the Secretary of Transportation shall--
(1) update the report submitted pursuant to subsection (c);
(2) send a copy of the report to Congress; and
(3) make a copy of the report available to the public
through the Department of Transportation's website. | Emergency Transportation Safety Fund Act - Amends the Internal Revenue Code to reduce the tax rate on current and accumulated foreign earnings of U.S. corporations reinvested in the United States and make such lower rate permanent. Establishes the Emergency Transportation Safety Fund and makes appropriations to it. Directs the Secretary of Transportation (DOT) to compile a prioritized list of emergency transportation projects, which will guide the allocation of Fund amounts to the states. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Affordability and
Equity Act of 2001''.
SEC. 2. CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED
INDIVIDUALS.
(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 25A the
following new section:
``SEC. 25B. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the amount paid during the taxable year
for coverage for the taxpayer, his spouse, and dependents under
qualified health insurance.
``(b) Limitations.--
``(1) In general.--The amount allowed as a credit under
subsection (a) to the taxpayer for the taxable year shall not
exceed the sum of the monthly limitations for eligible coverage
months during such taxable year for each individual referred to
in subsection (a).
``(2) Monthly limitation.--
``(A) In general.--The monthly limitation for an
individual for each eligible coverage month of such
individual during the taxable year is the amount equal
to \1/12\ of $1,500.
``(B) Limitation to 2 individuals.--Not more than 2
individuals may be taken into account by the taxpayer
under this subsection.
``(C) Special rule for married individuals.--In the
case of an individual--
``(i) who is married (within the meaning of
section 7703) as of the close of the taxable
year but does not file a joint return for such
year, and
``(ii) who does not live apart from such
individual's spouse at all times during the
taxable year,
only such individual may be taken into account under
this subsection.
``(3) Eligible coverage month.--For purposes of this
subsection, the term `eligible coverage month' means, with
respect to an individual, any month if--
``(A) as of the first day of such month such
individual is covered by qualified health insurance the
premium for which was paid by the taxpayer, and
``(B) there was at least a 12-month period
beginning after December 31, 2001, and ending before
such month throughout which the individual--
``(i) was not covered by qualified health
insurance, and
``(ii) was not eligible to participate in
any employer-provided group health plan.
``(c) Limitation Based on Adjusted Gross Income.--
``(1) In general.--The aggregate amount which would (but
for this subsection) be allowed as a credit under this section
shall be reduced (but not below zero) by the amount determined
under paragraph (2).
``(2) Amount of reduction.--
``(A) In general.--The amount determined under this
paragraph shall be the amount which bears the same
ratio to such aggregate amount as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) the applicable dollar
amount, bears to
``(ii) $10,000.
``(B) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' means adjusted gross income increased by any
amount excluded from gross income under section 911,
931, or 933.
``(C) Rounding.--Any amount determined under
subparagraph (A) which is not a multiple of $10 shall
be rounded to the next lowest $10.
``(3) Applicable dollar amount.--For purposes of paragraph
(2), the term `applicable dollar amount' means--
``(A) $60,000 in the case of a taxpayer whose
qualified health insurance coverage covers more than 1
individual referred to in subsection (a), and
``(B) $30,000--
``(i) in any case not described in
subparagraph (A), and
``(ii) in the case of a married individual
filing a separate return.
For purposes of this paragraph, marital status shall be
determined under section 7703.
``(d) Qualified Health Insurance.--For purposes of this section--
``(1) In general.--The term `qualified health insurance'
means insurance which constitutes medical care; except that
such term shall not include any insurance if substantially all
of its coverage is of excepted benefits described in section
9832(c).
``(2) Credit not allowable for certain subsidized
coverage.--Except for purposes of subsection (b)(3)(B), the
term `qualified health insurance' shall not include any
coverage less than 50 percent of the cost of which is borne by
the taxpayer.
``(e) Denial of Credit for Amounts Paid Under Certain Government-
Provided Programs.--
``(1) In general.--No credit shall be allowed under this
section for amounts paid under--
``(A) title XVIII, XIX, or XXI of the Social
Security Act,
``(B) chapter 55 of title 10, United States Code,
``(C) chapter 17 of title 38, United States Code,
or
``(D) the Indian Health Care Improvement Act.
``(2) Coverage under program included in determining
eligibility.--Coverage under any of the provisions referred to
in paragraph (1) shall be treated as coverage under qualified
health insurance for purposes of subsection (b)(3)(B).
``(g) Special Rules.--
``(1) Coordination with other deductions.--No credit shall
be allowed under this section for the taxable year if any
amount paid for qualified health insurance is taken into
account in determining any deduction allowed for such year
under sections 162(l), 213, or 222.
``(2) Denial of credit to dependents.--No credit shall be
allowed under this section to any individual with respect to
whom a deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar year in
which such individual's taxable year begins.
``(3) Inflation adjustment.--
``(A) In general.--In the case of a taxable year
beginning after 2002, the dollar amount in subsection
(b)(2)(A) and each dollar amount in subsection (c)(3)
shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2001'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $100, such amount
shall be rounded to the next lowest multiple of $100.''
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the following new
item:
``Sec. 25B. Health insurance costs of
previously uninsured
individuals.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 3. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF EMPLOYEES AND
SELF-EMPLOYED INDIVIDUALS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions) is amended by redesignating section 222 as section 223 and
by inserting after section 221 the following new section:
``SEC. 222. COSTS OF QUALIFIED HEALTH INSURANCE.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the amount paid during the
taxable year for coverage for the taxpayer, his spouse, and dependents
under qualified health insurance (as defined in section 25B(d)).
``(b) Special Rules.--
``(1) Coordination with medical deduction, etc.--Any amount
paid by a taxpayer for insurance 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).
``(2) Deduction not allowed for self-employment tax
purposes.--The deduction allowable by reason of this section
shall not be taken into account in determining an individual's
net earnings from self-employment (within the meaning of
section 1402(a)) for purposes of chapter 2.''
(b) Conforming Amendments.--
(1) Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (17) the following new item:
``(18) Costs of qualified health insurance.--The deduction
allowed by section 222.''
(3) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the last item and
inserting the following new items:
``Sec. 222. Costs of qualified health
insurance.
``Sec. 223. Cross reference.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Health Insurance Affordability and Equity Act of 2001 - Amends the Internal Revenue Code to allow a limited credit for qualified health insurance costs paid for by an individual during a period when the individual was not covered by qualified health insurance and was not eligible to participate in any employer provided group health plan.Provides for the deduction of the qualified health insurance costs of employees and the self-employed. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Water Protection Act''.
SEC. 2. PROHIBITION ON SEWAGE DUMPING INTO THE GREAT LAKES.
Section 402 of the Federal Water Pollution Control Act (22 U.S.C.
1342) is amended by adding at the end the following:
``(r) Prohibition on Sewage Dumping Into the Great Lakes.--
``(1) In general.--A publicly owned treatment works is
prohibited from intentionally diverting waste streams to bypass
any portion of a treatment facility at the treatment works if
the diversion results in a discharge into the Great Lakes
unless--
``(A)(i) the bypass is unavoidable to prevent loss
of life, personal injury, or severe property damage;
``(ii) there is not a feasible alternative to the
bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes, or
maintenance during normal periods of equipment
downtime; and
``(iii) the treatment works provides notice of the
bypass in accordance with the requirements of this
subsection; or
``(B) the bypass does not cause effluent
limitations to be exceeded, and the bypass is for
essential maintenance to ensure efficient operation of
the treatment facility.
``(2) Limitation.--The requirement of paragraph (1)(A)(ii)
is not satisfied if adequate back-up equipment should have been
installed in the exercise of reasonable engineering judgment to
prevent the bypass and the bypass occurred during normal
periods of equipment downtime or preventive maintenance.
``(3) Notice requirements.--A publicly owned treatment
works shall provide to the Administrator (or to the State in
the case of a State that has a permit program approved under
this section)--
``(A) prior notice of an anticipated bypass; and
``(B) notice of an unanticipated bypass within 24
hours following the time the treatment works first
becomes aware of the bypass.
``(4) Follow-up notice requirements.--In the case of an
unanticipated bypass for which a publicly owned treatment works
provides notice under paragraph (3)(B), the treatment works
shall provide to the Administrator (or to the State in the case
of a State that has a permit program approved under this
section), not later than 5 days following the date on which the
treatment works first becomes aware of the bypass, a follow-up
notice containing a description of--
``(A) the cause of the bypass;
``(B) the reason for the bypass
``(C) the period of bypass, including the exact
dates and times;
``(D) if the bypass has not been corrected, the
anticipated time the bypass is expected to continue;
``(E) the volume of the discharge resulting from
the bypass;
``(F) any public access areas that may be impacted
by the bypass; and
``(G) steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the bypass.
``(5) Public availability of notices.--A publicly owned
treatment works providing a notice under this subsection, and
the Administrator (or the State in the case of a State that has
a permit program approved under this section) receiving such a
notice, shall each post all such notices provided or received
in a searchable database accessible on the Internet.
``(6) Sewage blending.--Bypasses prohibited by this section
include bypasses resulting in discharges from a publicly owned
treatment works that consist of effluent routed around
treatment units and thereafter blended together with effluent
from treatment units prior to discharge.
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Bypass.--The term `bypass' means an
intentional diversion of waste streams to bypass any
portion of a treatment facility which results in a
discharge into the Great Lakes.
``(B) Great lakes.--The term `Great Lakes' has the
meaning given such term by section 118(a)(3).
``(C) Treatment facility.--The term `treatment
facility' includes all wastewater treatment units used
by a publicly owned treatment works to meet secondary
treatment standards or higher, as required to attain
water quality standards, under any operating
conditions.
``(D) Treatment works.--The term `treatment works'
has the meaning given that term in section 212.
``(8) Implementation.--The Administrator shall establish
procedures to ensure that permits issued under this section (or
under a State permit program approved under this section) to a
publicly owned treatment works include requirements to
implement this subsection.
``(9) Maximum civil penalty.--Notwithstanding any provision
of section 309, the maximum civil penalty which shall be
assessed for a violation of this subsection, or any permit
limitation or condition implementing this subsection, shall be
$100,000 per day for each day the violation occurs.
``(10) Effective date.--
``(A) In general.--Except as provided by
subparagraph (B), the requirements of this subsection
shall become effective beginning January 1, 2026.
``(B) Notice requirements.--The requirements of
paragraphs (3), (4), and (5) shall become effective one
year after the date of enactment of this subsection.''.
SEC. 3. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.
(a) In General.--Title V of the Federal Water Pollution Control Act
(33 U.S.C. 1361 et seq.) is amended by redesignating section 519 as
section 520 and inserting after section 518 the following:
``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND.
``(a) Creation of Fund.--There is established in the Treasury of
the United States a trust fund to be known as the `Great Lakes Cleanup
Fund' (in this section referred to as the `Fund').
``(b) Transfers to Fund.--Effective January 1, 2026, there are
authorized to be appropriated to the Fund amounts equivalent to the
penalties collected for violations of section 402(r).
``(c) Administration of Fund.--The Administrator shall administer
the Fund.
``(d) Use of Funds.--The Administrator shall make the amounts in
the Fund available to the Great Lakes States for programs and
activities for improving wastewater discharges into the Great Lakes,
including habitat protection and wetland restoration. The Administrator
shall allocate such amounts among the Great Lakes States based on the
proportional amount attributable to each Great Lakes State for
penalties collected for violations of section 402(r).
``(e) Priority.--In selecting programs and activities to be funded
using amounts made available under this section, a Great Lakes State
shall give priority consideration to programs and activities that
address violations of section 402(r) resulting in the collection of
penalties.
``(f) Definitions.--In this section, the terms `Great Lakes' and
`Great Lakes States' have the meanings given such terms in section
118(a)(3).''.
(b) Conforming Amendment to State Revolving Fund Program.--Section
607 of such Act (33 U.S.C. 1387) is amended--
(1) by inserting ``(a) In General.--'' before ``There is'';
and
(2) by adding at the end the following:
``(b) Treatment of Great Lakes Cleanup Fund.--For purposes of this
title, amounts made available from the Great Lakes Cleanup Fund under
section 519 shall be treated as funds authorized to be appropriated to
carry out this title and as funds made available under this title,
except that such funds shall be made available to the Great Lakes
States as provided in section 519.''. | Great Lakes Water Protection Act - Amends the Federal Water Pollution Control Act (popularly known as the Clean Water Act) to prohibit publicly owned treatment works (POTWs) from intentionally diverting waste streams to bypass any portion of the treatment facility if the diversion results in a discharge into the Great Lakes unless: (1) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; (2) there is no feasible alternative; and (3) the treatment works provides notice; or (4) the bypass does not cause effluent limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility.
Requires: (1) such notice to be provided to the Administrator of the Environmental Protection Agency (EPA) (or to a state with an approved permit program) prior to an anticipated bypass or within 24 hours of becoming aware of an unanticipated bypass; and (2) follow-up notice regarding the cause and duration of, volume of discharge resulting from, and public access areas affected by an unanticipated bypass.
Includes among prohibited bypasses those resulting in discharges from a POTW that consist of effluent routed around treatment units and blended with effluent from treatment units prior to discharge.
Directs the Administrator to establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to implement this Act.
Provides a maximum civil penalty for violations.
Establishes the Great Lakes Cleanup Fund from which amounts shall be provided for improving wastewater discharges. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cuba Sanctions Reform Act of 2004''.
SEC. 2. DURATION OF SANCTIONS RELATED TO CUBA.
(a) Continuation of Sanctions.--
(1) Expiration.--Notwithstanding any other provision of
law, the restrictions described in section 3(a) shall, with
respect to Cuba, expire 1 year from the date of enactment of
this Act unless renewed pursuant to paragraph (2) and
subsection (b).
(2) Resolution by congress.--The restrictions contained in
section 3(a) may be renewed annually for a 1-year period if,
prior to the anniversary of the date of enactment of this Act,
and each year thereafter, a renewal resolution is enacted into
law in accordance with subsection (b).
(b) Renewal Resolutions.--
(1) In general.--For purposes of this section, the term
``renewal resolution'' means a joint resolution of the two
Houses of Congress, the sole matter after the resolving clause
of which is as follows: ``That Congress approves the renewal of
the restrictions contained in section 3(a) of the Cuba
Sanctions Reform Act of 2004.''.
(2) Procedures.--
(A) In general.--A renewal resolution--
(i) may be introduced in either House of
Congress by any member of such House at any
time within the 90-day period before the
expiration of the restrictions described in
section 3(a); and
(ii) the provisions of subparagraph (B)
shall apply.
(B) Expedited consideration.--The provisions of
section 152 (b), (c), (d), (e), and (f) of the Trade
Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and
(f)) apply to a renewal resolution under this Act as if
such resolution were a resolution described in section
152(a) of the Trade Act of 1974.
SEC. 3. PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA.
(a) Provisions Subject to Renewal.--The restrictions described in
this subsection that are subject to renewal as described in section 2
are as follows:
(1) The prohibition or termination of assistance contained
in section 620(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(a)).
(2) The authorities conferred upon the President by section
5(b) of the Trading with the enemy Act (50 U.S.C. App. 5(b)),
which were being exercised with respect to Cuba on July 1,
1977, as a result of a national emergency declared by the
President before that date, and are being exercised on the day
before the date of enactment of this Act.
(3) Any prohibition on exports to Cuba that is in effect on
the day before the date of enactment of this Act under the
Export Administration Act of 1979 (50 U.S.C. App. 2401 et
seq.).
(4) The sanctions contained in section 1704 and section
1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003 and
6005).
(5) The sanctions contained in the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et
seq.).
(6) The prohibitions relating to Cuba contained in sections
908, 909, and 910 of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of Public Law 106-387; 22
U.S.C. 7207, 7208, and 7209).
(7) Subparagraph (A) of section 901(j)(2) of the Internal
Revenue Code of 1986 (relating to denial of foreign tax credit,
etc., with respect to certain foreign countries).
(8) The prohibition relating to sugar imports established
under section 902(c) of the Food Security Act of 1985 (7 U.S.C.
1446g note; Public Law 99-198).
(9) The restrictions on common carriers, as defined in
section 3(10) of the Communications Act of 1934 (47 U.S.C.
153(10)), related to Cuba, including restrictions regarding the
installation, maintenance, repair, and upgrading of
telecommunications equipment and facilities, and the provision
of telecommunications services between the United States and
Cuba.
(b) Authority for New Restrictions.--The President may, on or after
the date of enactment of this Act--
(1) impose export controls with respect to Cuba under
section 5, 6(j), 6(l), or 6(m) of the Export Administration Act
of 1979; and
(2) exercise the authority of the President under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) with respect to Cuba pursuant to a declaration of
national emergency required by that Act that is made on account
of an unusual and extraordinary threat to the national
security, foreign policy, or economy of the United States, that
did not exist before the date of enactment of this Act.
SEC. 4. TRAVEL.
(a) In General.--Restrictions related to travel to and from Cuba by
individuals who are citizens or residents of the United States, and any
transactions ordinarily incident to such travel, that may be regulated
or prohibited shall be subject to expiration, and renewal by joint
resolution of the two Houses of Congress, as described in section 2.
(b) Transactions Incident to Travel.--For purposes of subsection
(a), the term ``any transactions ordinarily incident to travel''
includes--
(1) transactions ordinarily incident to travel or
maintenance in Cuba; and
(2) normal banking transactions involving foreign currency
drafts, traveler's checks, or other negotiable instruments
incident to such travel.
SEC. 5. ANNUAL REMITTANCES.
(a) In General.--Except as provided in subsection (b), any limit
the Secretary of the Treasury may place on the amount of remittances to
Cuba made by any person who is subject to the jurisdiction of the
United States, shall be subject to expiration, and renewal by joint
resolution of the two Houses of Congress, as described in section 2.
(b) Statutory Construction.--Nothing in subsection (a) may be
construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments) or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity). | Cuba Sanctions Reform Act of 2004 - Provides for the expiration of certain trade and travel restrictions with respect to Cuba unless such restrictions are renewed annually by a specified renewal resolution of the two Houses of Congress.
Authorizes the President with respect to Cuba to: (1) impose certain export controls; and (2) exercise certain emergency economic powers. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Hurricane Research
Initiative Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Oceans and Atmosphere of the Department
of Commerce.
SEC. 3. NATIONAL HURRICANE RESEARCH INITIATIVE.
(a) Requirement to Establish.--The Under Secretary and the Director
shall establish an initiative known as the National Hurricane Research
Initiative for the purposes described in subsection (b).
(b) Purposes.--The purposes of the National Hurricane Research
Initiative shall be to set research objectives based on the findings of
the September 29, 2006, National Science Board report entitled
``Hurricane Warning: The Critical Need for National Hurricane
Initiative''--
(1) to make recommendations to the National Science Board
based on such research;
(2) to assemble the expertise of the science and
engineering capabilities of the United States through a multi-
agency effort that is focused on--
(A) improving a better understanding of hurricane
prediction, intensity, and mitigation on coastal
populations;
(B) infrastructure; and
(C) the natural environment; and
(3) to make grants to eligible entities to carry out
research in the following areas:
(A) Predicting hurricane intensification.--Research
to improve understanding of--
(i) rapid intensity change in storms,
relationships among storm size, motion and
intensity;
(ii) the internal dynamics of hurricanes;
and
(iii) the manner in which hurricanes
interact with the environment.
(B) Understanding air-sea interactions.--Research
to improve understanding of theories of air-sea
interaction that are common to the strong wind and high
wave conditions associated with hurricanes, and cases
in which the air-sea interface beneath hurricanes
vanishes and is replaced by an emulsion, including
theoretical theories, observational theories, and
modeling.
(C) Predicting storm surge, rainfall, and inland
flooding from hurricanes and tropical storms.--Research
to understand and model rainfall and flooding from
hurricanes, including probabilistic modeling and
mapping of storm surge risk.
(D) Hurricane modification.--Basic research for
modifying hurricanes to reduce the intensity or alter
the movement of hurricanes by human intervention,
including research to improve understanding of the
potential effects of hurricane modification on
precipitation and fresh water supply, as well as on
climate.
(E) Improved observation of hurricanes and tropical
storms.--Research to improve hurricane and tropical
storm observation through mobile radars, Global
Positioning System technology, unmanned aerial
vehicles, and ground-based and aerial wireless sensors
to improve understanding of the complex nature of
storms.
(F) Assessing vulnerable infrastructure.--Research
to develop a national engineering assessment of coastal
infrastructure, including infrastructure related to
levees, seawalls, drainage systems, bridges, water and
sewage utilities, power, and communications, to
determine the level of vulnerability of such
infrastructure to damage from a hurricane.
(G) Interaction of hurricanes with engineered
structures.--Research to improve understanding of the
impacts of hurricanes and tropical storms on buildings,
structures, and housing combined with modeling
essential for guiding the creation of improved building
designs and construction codes in locations
particularly vulnerable to hurricanes.
(H) Relationship between hurricanes, climate, and
natural ecosystems.--Research to improve the
understanding of the complex relationships between
hurricanes and climate, including research to determine
the most effective methods to use observational
information to examine the impacts on ecosystems over
long- and short-periods of time.
(I) Technologies for disaster response and
recovery.--Research to improve emergency communication
networks for government agencies and non-government
entities and to improve communications between such
networks during disaster response and recovery,
including cyber-security during disaster situations and
the ability to improve damage assessments during
storms.
(J) Evacuation planning.--Research to improve the
manner in which hurricane-related information is
provided to, and utilized by, the public and government
officials, including research to assist officials of
State or local government in determining the
circumstances in which evacuations are required and in
carrying out such evacuations.
(K) Computational capability.--Research to improve
understanding of the efficient utility of multiple
models requiring sharing and inter-operability of
databases, computing environments, networks,
visualization tools, and analytic systems beyond what
is currently available for transitioning hurricane
research assets into operational practice and to
provide access to robust computational facilities
beyond the facilities normally accessible by the
civilian research community for the hurricane research
enterprise, including data acquisition and modeling
capability during hurricane events.
(c) Cooperation With Other Agencies.--The Under Secretary and the
Director shall cooperate with the head of each appropriate Federal
agency or department, research institute, university, and disaster-
response or nongovernmental organization to utilize the expertise and
capabilities of such entity to carry out the purposes of the National
Hurricane Research Initiative, including cooperation with the heads of
the following entities:
(1) The National Aeronautics and Space Administration.
(2) The National Institute of Standards and Technology.
(3) The Department of Homeland Security, including the
Federal Emergency Management Agency.
(4) The Department of Energy.
(5) The Defense Advanced Research Project Agency.
(6) The Environmental Protection Agency.
(7) The United States Geological Survey.
(8) The U.S. Army Corps of Engineers.
(d) Coordination.--The White House Office of Science and Technology
Policy, through the National Science and Technology Council, shall
coordinate the activities carried out by the United States related to
the National Hurricane Research Initiative as a formal program with a
well defined organizational structure and execution plan.
(e) Grants.--
(1) Authority.--The Under Secretary and the Director may
award grants to appropriate government agencies or departments
or nongovernmental entities to carry out the purposes described
in subsection (b).
(2) Best practices.--The Under Secretary and the Director
shall develop and make available to the public a description of
best practices to be used to carry out a project with a grant
awarded under this subsection.
(f) Research Seminars and Forums.--The Under Secretary and the
Director shall carry out a series of national seminars and forums that
assemble a broad collection of scientific disciplines to direct
researchers to work collaboratively to carry out the purposes described
in subsection (b).
(g) Authorization of Appropriations.--There is authorized to be
appropriated $285,000,000 for each of the fiscal years 2008 through
2018 to carry out this section.
SEC. 4. NATIONAL INFRASTRUCTURE DATABASE.
(a) Requirement to Establish.--The Under Secretary and the Director
shall establish a National Infrastructure Database for the purposes
of--
(1) cataloging and characterizing the physical, social, and
natural infrastructure in order to provide a baseline for
developing standards, measuring modification, and determining
loss;
(2) providing information to Federal, State, and local
government officials to improve information public policy
related to hurricanes and tropical storms; and
(3) providing data to researchers to improve their ability
to measure hurricane impacts, separate such impacts from other
effects, both natural and anthropogenic, make effective
recommendations for improved building codes and urban planning
practices, and develop effective procedures for responding to
infrastructure disruption.
(b) Database Requirements.--The National Infrastructure Database
shall be a virtual, cyber environment that uses existing capabilities
and facilities, and establishes new capabilities and facilities, as
appropriate, to provide an interoperable environment and the necessary
metadata and other resources needed by users of that Database.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 for each of the fiscal years 2008 through 2018
to carry out this section.
SEC. 5. NATIONAL HURRICANE RESEARCH MODEL.
(a) Requirement to Establish.--The Under Secretary and the Director
shall develop a National Hurricane Research Model to conduct
integrative research and to facilitate the transfer of research
knowledge to operational applications, including linking relevant
theoretical, physical, and computational models from atmospheric,
oceanic, economic, sociological, engineered infrastructure, and
ecologic fields, conducting experimental research to understand the
extensive complexities of hurricanes, and obtaining measurable results
in a comprehensive framework suitable for testing end-to-end
integrative systems.
(b) System Requirements.--The National Hurricane Research Model
shall be a physically distributed and highly coordinated working
environment in which research from the National Hurricane Research can
be experimentally substantiated using suitable quantitative metrics,
and where a culture of interaction and collaboration can further be
promoted, including in the areas of--
(1) facilities and cyberinfrastructure;
(2) software integration; and
(3) fixed mobile data collection platforms and data
provisioning systems.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $130,000,000 for each of the fiscal years 2008 through
2018 to carry out this section. | National Hurricane Research Initiative Act of 2006 - Requires the Under Secretary for Oceans and Atmosphere of the Department of Commerce and the Director of the National Science Foundation (NSF) to establish a National Hurricane Research Initiative and to cooperate with other specified federal agencies to carry it out.
Requires such Initiative to set research objectives (based on a National Science Board report on the need for such Initiative) to: (1) make recommendations to the Board; (2) assemble the expertise of U.S. science and engineering capabilities through a multi-agency effort focused on infrastructure, the natural environment, and improving understanding of hurricane prediction, intensity, and mitigation on coastal populations; and (3) make grants for hurricane research, including regarding hurricane dynamics, modification, and observation, air-sea interaction, relationships between hurricanes and climate, predicting flooding and storm surge, coastal infrastructure, building construction, emergency communication networks, information utilization by public officials, and sharing computational capability.
Directs the White House Office of Science and Technology Policy, through the National Science and Technology Council, to coordinate U.S. activities related to the Initiative as a formal program with a well-defined organizational structure and execution plan.
Directs the Under Secretary and the Director to: (1) establish a National Infrastructure Database to catalog infrastructure, provide information to improve information public policy related to hurricanes, and provide data to improve researchers' abilities to measure hurricane impacts in order to improve building codes and urban planning; and (2) develop a National Hurricane Research Model to conduct integrative research and facilitate the transfer of research knowledge to operational applications. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maggie's Law: National Drowsy
Driving Act of 2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A 1995 Federal study conservatively estimated that each
year--
(A) 100,000 police-reported motor vehicle crashes
are caused by the drowsiness or fatigue of the
operator;
(B) 1,550 deaths and 71,000 injuries are the direct
result of a driver falling asleep at the wheel of a
motor vehicle; and
(C) these crashes represent at least
$12,500,000,000 in diminished productivity and property
loss.
(2) Scientific research further demonstrates that--
(A) 1,000,000 crashes are caused by driver
inattention each year; and
(B) sleep deprivation and fatigue make such
attention lapses more likely to occur.
(3) An insufficient amount of statistical data and
documentation concerning fatigue-related motor vehicle crashes
is available. Federal statistics significantly under-report the
problem of driver fatigue because the statistics are derived
primarily from police accident reports, and studies indicate
that less than one-half of all crashes are reported to the
police.
(4) Further complicating the collection of accurate data
are the following facts:
(A) Most police officers are not trained to detect
sleep-related crashes.
(B) There is no test to determine sleepiness as
there is for drunk drivers.
(C) There are still States that do not have proper
codes for sleepiness on their crash report forms.
(D) Based on clinical studies, many people are
unable to accurately recognize when they have nodded-
off for a short period of time (microsleep), thus
raising questions about the reliability of self-
reporting.
(5) In 1999, a scientifically conducted national survey of
Americans found that 23 percent of respondents reported that
they personally know someone who crashed in the past year due
to falling asleep at the wheel.
(6) In 2001, a scientifically conducted national survey of
Americans found that in the past year--
(A) 53 percent of all adults reported driving while
drowsy;
(B) 19 percent reported that they had actually
dozed off while driving; and
(C) one percent reported that they had crashed
because they dozed off.
(7) Studies confirm that while anyone can be at risk for
drowsy driving, there are several population groups that are
significantly at higher risk--
(A) young people under the age of 26, who tend to
stay up late, sleep too little, and drive at night,
represent about 55 percent of all fall asleep crashes;
(B) there are over 20,000,000 shift workers in
America and studies suggest that 20 percent to 30
percent of individuals with nontraditional work
schedules have had a fatigue-related driving mishap in
the last year;
(C) commercial drivers are susceptible to fatigue-
related crashes due to their driving schedules and the
amount of miles they drive during the year;
(D) commercial drivers have a high prevalence of a
sleep and breathing disorder called sleep apnea; and
(E) 40,000,000 Americans suffer from sleep
disorders; left untreated, disorders such as sleep
apnea can increase crash risk 3 to 7 times.
(8) In 1995, a study found that some roads, such as high-
speed, long, boring, rural highways, are more dangerous than
others for sleep-deprived motorists. The New York State Police
estimated that 40 percent of all fatal crashes along the New
York Thruway were the result of a driver falling asleep at the
wheel.
(9) Studies, such as the following, indicate that
continuous shoulder rumble strips are effective countermeasures
to drift-off-the-road crashes, which are characteristic of
drowsy driving, and fall-asleep crashes--
(A) New York State reports that accidents caused by
drivers falling asleep at 13 sites on the New York
Thruway were reduced by 84 percent following the
installation of continuous shoulder rumble strips.
(B) Pennsylvania reports a reduction of guard rail
or embankment accidents at 5 sites on the Pennsylvania
Turnpike following rumble strip installation.
(C) In 1995, an expert panel consisting of
university and federal researchers convened to assess
the current research regarding the effectiveness of
continuous shoulder rumble strips and to make
recommendations about their use. The panel concluded
that rumble strips reduce drift-off-the-road crashes
anywhere from 15 to 70 percent depending on road type
and rumble strip design being used.
SEC. 3. DROWSY DRIVING EDUCATION PROGRAMS.
Chapter 4 of title 23, United States Code, is amended by adding at
the end the following:
``SEC. 412. DROWSY DRIVING EDUCATION PROGRAMS.
``(a) Awards.--The Secretary may enter into contracts or
cooperative agreements with, and may make grants to, State highway
offices and other experienced drowsy driving safety organizations to
obtain and distribute national, State, and local drowsy driving
education programs and supporting educational materials.
``(b) Use of Funds.--Funds provided under a contract, cooperative
agreement, or grant under subsection (a) shall be used--
``(1) to implement drowsy driving programs which are
designed to prevent deaths and injuries due to drivers who are
impaired by fatigue and sleep deprivation and which--
``(A) educate the public in all aspects of the
dangers of driving while impaired by fatigue or
drowsiness as a result of sleep deprivation, untreated
sleep disorders, sedating medications, and alcohol use;
``(B) educate the public to recognize the signs of
fatigue while driving and how to take appropriate
countermeasures to avoid fall-asleep crashes;
``(C) train and retrain traffic safety
professionals, police officers, fire and emergency
medical personnel, and other educators in all aspects
of drowsy driving prevention; and
``(D) train police officers and accident
reconstructionists to identify fatigue impairment among
drivers and as a factor in motor vehicle crashes;
``(2) to develop a standardized, scientifically accurate
curriculum on the risks and prevention of drowsy driving and
fall-asleep motor vehicle crashes and take steps to--
``(A) develop and integrate a drowsy driving
curriculum component into all driver's education
courses under the purview of a State's transportation
department;
``(B) ensure that State departments of
transportation, health and education work together to
include a drowsy driving component in all driver's
education and health education curricula; and
``(C) the State departments of transportation shall
develop a curriculum on drowsy driving for training the
instructors who teach any course covering driver
education or traffic safety.
``(3) to consult and collaborate with existing national
drowsy driving campaigns to foster the distribution of
scientifically-based information and educational messages
regarding drowsy driving and fall-asleep crashes and to review
existing State model programs for experience and guidance;
``(4) to adopt formal policy statements and work plans for
the installation and expansion of continuous shoulder rumble
strips during highway resurfacing and new construction programs
for interstate highways and submit a report to the Secretary
each fiscal year describing the number of highway miles and
locations where continuous shoulder rumble strips have been
installed on their state highway system;
``(5) to adopt formal codes on motor vehicle accident
report forms to report fatigue-related or fall-asleep crashes;
``(6) to provide enforcement personnel training in the
detection and reporting of drowsy driving as a factor in motor
vehicle crashes; and
``(7) provide education programs to the police and the
courts regarding the sanctions available for drowsy driving
accidents.
``(c) Applications.--An entity desiring a contract, cooperative
agreement, or grant under subsection (a) shall submit an application to
the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(d) Reports to Secretary.--An entity which receives a contract,
cooperative agreement, or grant under subsection (a) shall prepare and
submit to the Secretary an annual report during the period in which it
receives funds under such contract, cooperative agreement, or grant.
Such a report shall contain such information as the Secretary may
require and shall, at a minimum, describe the program activities
undertaken with such funds, including--
``(1) any drowsy driving education program that has been
developed directly or indirectly by such entity and the target
population of such program;
``(2) support materials of such a program that have been
obtained by such entity and the method by which the entity
distributed such materials; and
``(3) any initiatives undertaken by such entity to develop
public-private partnerships to secure non-Federal support for
the development and distribution of drowsy driving education
programs and materials.
``(e) Report to Congress.--The Secretary shall prepare and submit
to the appropriate committees of Congress an annual report on the
implementation of this section, which includes a description of the
programs undertaken and materials developed and distributed by entities
receiving funds under subsection (a).
``(f) In this section, the following definitions apply:
``(1) Drowsy driver education programs.--The term `drowsy
driving education programs' includes publications, audiovisual,
presentations, and demonstrations.
``(2) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, and any other territory or
possession of the United States.
``(3) State model programs.--The term `State model
programs' means the State of New York's Break for Safety
program and New York Task Force on Drowsy Driving efforts.
``(4) National programs.--The term `national programs'
means the DRIVE ALERT . . . ARRIVE ALIVE, the National Sleep
Foundation's Campaign on Drowsy Driving and other programs
operated by non-profit organizations.
``(5) Continuous Shoulder Rumble Strip.--The term
`continuous shoulder rumble strip' means raised or grooved
patterns inserted on the shoulder of a highway to alert drivers
drifting off the road that they are doing so.
``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated to the
Secretary $5,000,000 for the National Highway Traffic Safety
Administration for each of fiscal years 2003 through 2008, of which not
more than $350,000 may be spent in any fiscal year for administrative
costs.''.
SEC. 4. FEDERAL RESEARCH ON THE SCOPE OF THE PROBLEM.
(a) Study.--The Secretary of Transportation shall conduct a study
on the scope of the problem of fatigue-related automobile crashes
amongst the general driving public.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report
containing the results of the study. | Maggie's Law: National Drowsy Driving Act of 2002 - Authorizes the Secretary of Transportation to enter into agreements with, and make grants to, State highway offices and other driving safety organizations to obtain and distribute national, State, and local drowsy driving education programs and supporting materials.Directs that grant funds be used to: (1) implement programs designed to prevent deaths and injuries due to drivers who are impaired by fatigue and sleep deprivation; (2) develop a standardized curriculum on the risks and prevention of drowsy driving and fall-asleep motor vehicle crashes; (3) collaborate with national drowsy driving campaigns to distribute information and educational messages and to review existing State model programs; (4) adopt policy statements and work plans for the installation and expansion of continuous shoulder rumble strips for interstate highways; (5) adopt codes on accident report forms to report fatigue-related or fall-asleep crashes; (6) provide training in the detection and reporting of drowsy driving as a factor in motor vehicle crashes; and (7) provide education programs to the police and the courts regarding the sanctions available for drowsy driving accidents.Directs the Secretary to study the scope of the problem of fatigue-related automobile crashes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Health Improvement
Councils Act of 2010''.
SEC. 2. COMMUNITY HEALTH IMPROVEMENT COUNCILS AND STATE HEALTH
IMPROVEMENT TECHNICAL ASSISTANCE CENTER GRANTS.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399V-5. COMMUNITY HEALTH IMPROVEMENT COUNCILS AND STATE HEALTH
IMPROVEMENT TECHNICAL ASSISTANCE CENTER GRANTS.
``(a) In General.--The Secretary shall establish a program for the
creation of State Health Improvement Technical Assistance Centers and
Community Health Improvement Councils.
``(b) State Health Improvement Technical Assistance Center Grant
Program.--
``(1) In general.--The Secretary shall award grants, on a
competitive basis, to 5 eligible entities for the purpose of
establishing State Health Improvement Technical Assistance
Centers designed to--
``(A) improve individual and community health
status, especially in communities and regions with poor
health status performance;
``(B) slow annual growth in health care utilization
and medical spending;
``(C) coordinate best practices among networks of
local coalitions that result in accelerated locally
driven issue identification and creative ways to align
improvement efforts with payment reforms;
``(D) partner with the Agency for Healthcare
Research and Quality to design and produce the annual
report of such agency on health care quality;
``(E) serve as a resource to communities to provide
assistance in identifying reliable national resources
and research tools to promote health, improve health
literacy, and accelerate the diffusion of innovations
to improve health outcomes;
``(F) partner with organizations to design and
implement locally driven payment innovations to improve
quality and productivity; and
``(G) educate State policymakers on the benefits of
locally driven community health improvement councils
that engage community stakeholders, including small
businesses, local governments, faith leaders, civic
leaders, and consumer advocacy representatives.
``(2) Eligibility.--
``(A) In general.--To be eligible to receive a
grant under this subsection, an entity shall be--
``(i) a private nonprofit entity with a
governing board comprised of \1/4\ consumer,
faith, minority, nonprofit and charitable
organization, philanthropic, and civic leaders;
\1/4\ purchasers of care, including employers,
unions, and insurers; \1/4\ local government
officials, including mayors, county
commissioners, State legislators, and public
health officials; and \1/4\ private health care
leaders and experts; or
``(ii) a consortium of 2 or more of the
nonprofit entities described in clause (i).
``(B) Preferences.--In awarding grants under this
section, the Secretary shall give preference to
entities that--
``(i) demonstrate the capacity to attract
private sector or local government funding to
ensure fiscal sustainability;
``(ii) address significant health
disparities, including those identified by the
Secretary through other Federal programs;
``(iii) demonstrate coordination or
collaboration across governmental and
nongovernmental sectors;
``(iv) are committed to promoting full
transparency of all deliberations of the
Technical Assistance Centers and Community
Health Improvement Councils; and
``(v) are independent from government and
the financial self-interest of healthcare and
purchasers stakeholders.
``(3) Activities.--Each Technical Assistance Center
established through a grant awarded under this subsection
shall--
``(A) establish up to 4 Community Health
Improvement Councils, as described in subsection (c);
``(B) provide technical assistance to such
councils, including community organizing, public
relations, communications, and public education
services, computer networking, grants development,
system performance monitoring, opinion surveys, data
management, community meeting facilitation, and
strategic planning;
``(C) partner with Federal, State, and local health
agencies, such as area health education centers, the
Agency for Healthcare Research and Quality, public
health departments, and insurance exchanges; and
``(D) deliver an annual performance report to the
Secretary and the nonprofit entity receiving the grant,
containing data regarding improvements in local and
State health status, clinical outcomes, reductions in
medical spending growth, and health care disparities.
``(4) Funding.--
``(A) In general.--Each Technical Assistance Center
established under a grant awarded under this subsection
shall receive an award in an amount determined by the
Secretary, but not to exceed $1,500,000 per year for 3
years.
``(B) Use of funds.--Each such Technical Assistance
Center shall allocate 80 percent of the total amount
awarded each year to the Community Health Improvement
Councils established by such recipient under paragraph
(3)(B).
``(c) Community Health Improvement Councils.--In this section,
`Community Health Improvement Council' means a locally driven, private
nonprofit entity that serves as the neutral convener for engaging
providers and insurers, that fully engages patients and citizens in
coordinating and improving the health care delivery system through
community-wide education programs to promote healthier lifestyles,
improve local or regional health status, clinical outcomes, and
reductions in the growth in medical spending and health disparities
through any of the following approaches:
``(1) Promotion of wellness, prevention and expanded public
health and consumer education efforts.
``(2) Enhancement of the care delivery experience through
local health system infrastructure and care redesign changes
such as the primary care medical home, accelerated information
exchange implementation, community-wide chronic disease
management programs, and all-payer evidence-based clinical
protocols.
``(3) Alignment of provider and consumer financial
incentives through accelerated payer experiments with non-fee-
for-service payment arrangements and innovative consumer
incentives built into the benefits design of health plans.
``(4) Restructuring of local health care governance, such
as--
``(A) formation of accountable care teams across
medical practices and institutions;
``(B) integration of primary care and public
health; and
``(C) integration of doctors and hospitals.
``(5) Track, document, and make publicly available, in a
transparent manner, system performance and improvement.
``(d) Report.--The Secretary shall submit to Congress an annual
report on the grant program under this section, including both local
and State progress toward improvement of health status, clinical
outcomes, and reductions in the growth of medical spending.''. | Community Health Improvement Councils Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a program for the creation of State Health Improvement Technical Assistance Centers and Community Health Improvement Councils to improve community health through local innovation. Defines "Community Health Improvement Council" to mean a locally driven, private, nonprofit entity that serves as the neutral convener for engaging providers and insurers and that fully engages patients and citizens in coordinating and improving the health care delivery system through community-wide education programs to promote healthier lifestyles, improve local or regional health status, clinical outcomes, and reductions in the growth in medical spending and health disparities through various approaches.
Requires the Secretary to award competitive grants to five eligible entities to establish State Health Improvement Technical Assistance Centers, each of which shall: (1) establish up to four Community Health Improvement Councils; (2) provide technical assistance to such Councils; and (3) report on improvements in local and state health status, clinical outcomes, reductions in medical spending growth, and health care disparities.
Requires the Secretary, in awarding grants, to give preference to entities that: (1) demonstrate the capacity to attract private sector or local government funding to ensure fiscal sustainability; (2) address significant health disparities; (3) demonstrate coordination or collaboration across governmental and nongovernmental sectors; (4) are committed to promoting full transparency of all deliberations of the Technical Assistance Centers and Community Health Improvement Councils; and (5) are independent from government and the financial self-interest of health care and purchasers stakeholders. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Administration
Authorization Act for Fiscal Years 2000 and 2001''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 2000 AND 2001.
Funds are hereby authorized to be appropriated, as Appropriations
Acts may provide, for the use of the Department of Transportation for
the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, not to exceed $72,164,000 for the fiscal year
ending September 30, 2000.
(2) For the costs, as defined in section 502 of the Federal
Credit Reform Act of 1990, of guaranteed loans authorized by
title XI of the Merchant Marine Act, 1936, as amended (46 App.
U.S.C. 1271 et seq.), $6,000,000, to be available until
expended. In addition, for administrative expenses related to
loan guarantee commitments under title XI of the Merchant
Marine Act, 1936, as amended (46 App. U.S.C. 1271 et seq.),
$3,893,000.
(3) For the fiscal year ending September 30, 2001, such
sums as may be necessary.
SEC. 3. AMENDMENTS TO TITLE XI OF THE MERCHANT MARINE ACT, 1936.
(a) Section 1108(a) of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1279a(a)) is amended by striking the language preceding the
proviso and inserting in its place the following:
``(a) Creation.--If the proceeds of an obligation guaranteed under
this title are to be used to finance the construction, reconstruction,
or reconditioning of a vessel or vessels which will serve as security
for the guarantee of the Secretary, the Secretary is authorized to
accept and hold, in escrow under an escrow agreement with the obligor,
proceeds of that obligation (together with such interest as may be
earned thereon and, if required by the Secretary, an amount equal to 6
month's interest on the obligation). The Secretary may not release
funds from the escrow until the Secretary first determines that the
obligor has paid its portion of the actual cost of constructing,
reconstructing, or reconditioning the vessel or vessels and, second,
determines that the funds to be released are needed to pay, or make
reimbursements in connection with payments previously made to the
shipyard or other contractors for work performed, or to pay for other
approved costs, with respect to the vessel or vessels.''.
(b) Title XI of the Merchant Marine Act, 1936, is amended by
inserting immediately after section 1108, the following new section:
``SEC. 1109. RESERVE FUNDS AND COLLATERAL ACCOUNTS.
``(a) Creation of Funds and Accounts.--There is hereby established
in the Treasury a deposit fund into which the Secretary is authorized
to deposit cash belonging to an obligor so long as the Secretary has a
security interest in such cash. The account shall be governed by the
terms of an agreement, as described hereunder, to be entered into by
the Secretary and an obligor.
``(b) Terms of Agreement.--The Secretary and an obligor shall enter
into a reserve fund or other collateral account agreement to govern the
making of deposits and withdrawals and the retention, use, and
reinvestment of the cash deposited under subsection (a) above. The
agreement shall contain such terms and conditions as are further
required hereunder and as are considered by the Secretary to be
necessary to protect fully the interests of the United States.
``(c) Investment.--The Secretary is authorized to invest and
reinvest any part of the cash of a reserve fund or collateral account
in obligations of the United States with such maturities that these
funds and accounts will be available as required for purposes of the
agreement. Cash balances of the deposit fund in excess of current
requirements shall be maintained in a form of uninvested funds and the
Secretary of the Treasury shall pay interest on these funds.
``(d) Income.--The cash deposited in a reserve fund or collateral
account may not be withdrawn without the consent of the Secretary. The
Secretary may retain and offset any or all of the cash on deposit in a
reserve fund or collateral account, and any income realized thereon, as
part of the Secretary's recovery against an obligor that has defaulted
on an obligation. In the absence of a default on an obligation, the
Secretary may pay any income realized on a reserve fund or collateral
account in accordance with the terms of the agreement.''.
SEC. 4. AMENDMENTS TO TITLE IX OF THE MERCHANT MARINE ACT, 1936.
(a) Title IX of the Merchant Marine Act, 1936, as amended (46 App.
U.S.C. 101 et seq.) is amended by adding immediately after section 902
the following new section:
``SEC. 903. DOCUMENTATION OF CERTAIN DRY CARGO VESSELS.
``The restrictions of section 901(b)(1) of this Act concerning the
building, rebuilding, or documentation of a vessel in a foreign country
shall not apply to dry bulk vessels and breakbulk vessels over 5,000
deadweight tons and constructed, reconstructed, or acquired in a
foreign shipyard within one year of the date of enactment of this
section and prior to enactment of the OECD Shipbuilding Trade Agreement
Act, whichever occurs earlier, and have transferred to United States
flag registry under section 12105 of title 46, United States Code,
except that (1) such vessels have nonemergency shipyard repairs, and
other shipyard work necessary to conform the vessel to United States
flag standards, performed in a shipyard of the United States, (2) such
vessels comply with the standards set forth in section 1137 of the
Coast Guard Authorization Act of 1996 (46 App. U.S.C. 1187 note), (3)
such vessels shall not be granted approval under section 9(e) of the
Shipping Act, 1916, as amended on October 19, 1996, and (4) the
provisions of section 607 of this Act shall not apply to vessels
constructed, reconstructed, modified, or acquired pursuant to this
section.''.
(b) Section 901b(c)(2) of the Merchant Marine Act, 1936, as amended
(46 U.S.C. App. 1241f(c)(2)) is amended by striking ``1986.'' and
inserting ``1986, the 18-month period commencing April 1, 1999, and the
12-month period beginning on the first day of October in the year 2000
and each year thereafter.''.
SEC. 5. EXTENSION OF WAR RISK INSURANCE AUTHORITY.
Section 1214 of the Merchant Marine Act, 1936, as amended (46 App.
U.S.C. 1294) is amended by striking ``June 30, 2000'' and inserting
``June 30, 2005''.
SEC. 6. TRANSPORTATION REPORT ON MARITIME ACTIVITIES.
Section 208 of the Merchant Marine Act, 1936, as amended (46 App.
U.S.C. 1118) is amended by--
(1) striking ``and the Secretary of Transportation shall'';
and
(2) inserting ``and the Secretary of Transportation, by
April 1 of each odd-numbered year, shall'' before ``make''.
SEC. 7. OWNERSHIP OF THE JEREMIAH O'BRIEN.
Section 3302 of title 46, United States Code, is amended by
striking ``owned by the United States Maritime Administration'' and
inserting in lieu thereof ``owned by the National Liberty Ship
Memorial, Inc.''. | (Sec. 3) Amends the Merchant Marine Act, 1936 to revise loan guarantee escrow fund provisions. Establishes a Treasury fund to hold related collateral, and provides for Secretary-obligor reserve funds.
(Sec. 4) Exempts certain foreign-origin dry bulk and breakbulk cargo vessels that have transferred to United States flag registry from the three-year restriction on carrying U.S.- procured, furnished, or financially supported cargo (including agricultural cargo)
(Sec. 5) Extends war risk insurance authority.
(Sec. 6) Reduces specified United States Maritime Administration reporting requirements.
(Sec. 7) Amends Federal law to state that ownership the vessel "Jeremiah O'Brien" shall belong to the National Liberty Ship Memorial, Inc., rather than the United States Maritime Administration. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mining Claim Maintenance Act of
2001''.
SEC. 2. REFERENCES.
Any reference in this Act to the ``general mining laws'' is a
reference to those Acts which generally comprise chapters 2, 12A, 16,
161 and 162 of title 30 of the United States Code.
TITLE I--MINING CLAIM FEES
SEC. 101. MAINTENANCE FEE.
(a) Claim Maintenance Fee.--Except as provided in subsections (c),
(d), and (e), the holder of each unpatented mining claim, mill or
tunnel site located pursuant to the general mining laws, whether
located before or after the enactment of this Act, shall pay to the
Secretary of the Interior, on or before August 31 of each year, a claim
maintenance fee of $100 per claim. Such claim maintenance fee shall be
in lieu of the assessment work requirement contained in the general
mining laws and the related filing requirements contained in section
314 (a) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1744 (a) and (c)).
(b) Time of Payment.--The claim maintenance fee payable pursuant to
subsection (a) for any assessment year (as defined under the general
mining laws) shall be paid before the commencement of the assessment
year. The location fee imposed under section 102 shall be payable not
later than 90 days after the date of location.
(c) Oil Shale Claims Subject to Claim Maintenance Fees Under Energy
Policy Act of 1992.--This section shall not apply to any oil shale
claims for which a fee is required to be paid under section 2511(e)(2)
of the Energy Policy Act of 1992 (106 Stat. 3111; 30 U.S.C. 242).
(d) Waiver for Patent Applicants.--(1) The Secretary may waive the
claim maintenance fee required under this section for a claimant who
certifies in writing to the Secretary that on the date the payment was
due, the claimant and all related parties--
(A) had filed a patent application with the Secretary on or
before September 30, 1994; and
(B) had fully complied with all requirements established
under sections 2325 and 2326 of the Revised Statutes (30 U.S.C.
29 and 30) for vein or lode claims and sections 2329, 2330,
2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and
37) for placer claims, and section 2337 of the Revised Statutes
(30 U.S.C. 42) for mill site claims, by that date.
(e) Exceptions for Claimants Holding 10 or Fewer Mining Claims.--
(1) In general.--A claimant may elect to perform the
assessment work required under the general mining laws in lieu
of paying the maintenance fee required under this section if
the claimant who certifies in writing to the Secretary that on
the date the payment was due, the claimant and all related
parties--
(A) are producing hard rock minerals under a valid
notice or plan of operation which production results in
not less than $1,500 and not more than $800,000 in
gross revenues per year from a total of 10 or fewer
claims, as certified by the claimant;
(B) are performing exploration work to disclose,
expose, or otherwise make known possible valuable
mineralization on a total of 10 or fewer claims under a
valid notice or plan of operation; and
(C) have less than 10 acres of unreclaimed surface
disturbance from such mining activity or such
exploration work.
(2) Claimants electing to do assessment work.--A claimant
holding 10 or fewer mining claims, who elects to do the
assessment work required by the general mining laws in lieu of
paying the claim maintenance fee required under this section
shall be required to meet the filing requirements of section
314(a) and (c) of the Federal Land Policy and Management Act
(43 U.S.C. 1744 (a) and (c)) on such 10 or fewer claims and
shall certify the performance of such assessment work to the
Secretary of the Interior by August 31 of each year.
(3) Definitions.--For purposes of this section:
(1) With respect to any claimant, the term
``related party'' means--
(A) the spouse and dependent children (as
defined in section 152 of the Internal Revenue
Code of 1986), of the claimant; and
(B) a person who controls, is controlled
by, or is under common control with the
claimant.
(2) The term ``control'' includes actual control,
legal control, and the power to exercise control,
through or by common directors, officers, stockholders,
a voting trust, or a holding company or investment
company, or any other means.
SEC. 102. LOCATION FEE.
Notwithstanding any other provision of law, for every unpatented
mining claim, mill or tunnel site located after the date of enactment
of this title, pursuant to the general mining laws, the locator shall,
at the time the location notice is recorded with the Bureau of Land
Management, pay to the Secretary of the Interior a location fee, in
addition to the claim maintenance fee required by section 101, of
$25.00 per claim.
SEC. 103. CO-OWNERSHIP.
The co-ownership provisions of the general mining laws shall remain
in effect, except that in applying such provisions, the annual claim
maintenance fee required under this title shall, where applicable,
replace applicable assessment requirements and expenditures.
SEC. 104. FAILURE TO PAY.
Failure to pay the claim maintenance fee or the location fee on the
date due as required by this title shall conclusively constitute a
forfeiture of the unpatented mining claim, mill or tunnel site by the
claimant and the claim shall be deemed null and void by operation of
law.
SEC. 105. OTHER REQUIREMENTS.
(a) Federal Land Policy and Management Act Requirements.--Nothing
in this title shall change or modify the requirements of section 314(b)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1744(b)), of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1744(c)) related to filings required by section 314(b), and such
requirements shall remain in effect with respect to claims, and mill or
tunnel sites for which fees are required to be paid under this section.
(b) Revised Statutes Section 2324.--The third sentence of section
2324 of the Revised Statutes (30 U.S.C. 28) is amended by inserting
after ``On each claim located after the tenth day of May, eighteen
hundred and seventy-two,'' the following: ``that is granted a waiver
under section 101 (d) or (e) of the Mining Claim Maintenance Act of
2001''.
(c) Fee Adjustments.--(1) The Secretary of the Interior shall
adjust the fees required by this title to reflect changes in the
Consumer Price Index published by the Bureau of Labor Statistics of the
Department of Labor every 5 years after the date of the enactment of
this Act, or more frequently if the Secretary determines an adjustment
to be reasonable.
(2) The Secretary shall provide claimants notice of any adjustment
made under this subsection not later than July 1 of any year in which
the adjustment is made.
(3) A fee adjustment under this subsection shall begin to apply the
first assessment year (as defined under the general mining laws) which
begins at noon on the first day of September after the adjustment is
made.
SEC. 106. REGULATIONS.
The Secretary of the Interior shall promulgate rules and
regulations to carry out the terms and conditions of this title as soon
as practicable after the date of the enactment of this title.
TITLE II--LIMITATION ON PATENTS
SEC. 201. MINING CLAIMS
After the date of enactment of this Act, no patent shall be issued
by the United States for any mining claim located under the general
mining laws or under this Act unless the Secretary determines that, for
the claim concerned--
(1) a patent application was filed with the Secretary on or
before September 30, 1994; and
(2) all requirements established under sections 2325 and
2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims
were fully complied with by that date.
If the Secretary makes the determinations referred to in paragraphs (1)
and (2) for any mining claim, the holder of the claim shall be entitled
to the issuance of a patent in the same manner and degree to which such
claim holder would have been entitled to prior to the enactment of this
Act, unless and until such determinations are withdrawn or invalidated
by the Secretary or by a court of the United States.
SEC. 202. MILL SITES.
After the date of enactment of this Act, no patent shall be issued
by the United States for any mill site claim located under the general
mining laws unless the Secretary determines that for the mill site
concerned--
(1) a patent application for such land was filed with the
Secretary on or before September 30, 1994; and
(2) all requirements applicable to such patent application
were fully complied with by that date.
If the Secretary makes the determinations referred to in paragraphs
(1) and (2) for any mill site claim, the holder of the claim shall be
entitled to the issuance of a patent in the same manner and degree to
which such claim holder would have been entitled to prior to the
enactment of this Act, unless and until such determinations are
withdrawn or invalidated by the Secretary or by a court of the United
States. | Mining Claim Maintenance Act of 2001 - Requires: (1) the holder of each unpatented mining claim, mill, or tunnel site (except for certain patent applicants and claimants holding ten or fewer mining claims) to pay to the Secretary of the Interior an annual claim maintenance fee of $100 per claim in lieu of specified statutory assessment work requirements; and (2) the locator of every unpatented mining claim, mill, or tunnel site to pay a location fee of $25 per claim in addition to the claim maintenance fee.Prohibits the issuance of any Federal mining patent or mill site claim, unless: (1) the patent application was filed on or before September 30, 1994; and (2) specified requirements for vein or lode claims and placer claims were fully complied with. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Device Recycling Research
and Development Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The volume of electronic devices in the United States
is substantial and will continue to grow. The Environmental
Protection Agency estimates that over 2 billion computers,
televisions, wireless devices, printers, gaming systems, and
other devices have been sold since 1980, generating 2 million
tons of unwanted electronic devices in 2005 alone.
(2) Electronic devices can be recycled or refurbished to
recover and conserve valuable materials, such as gold, copper,
and platinum. However, according to the Environmental
Protection Agency, only 15 to 20 percent of electronic devices
discarded from households reach recyclers.
(3) The electronic device recycling industry in the United
States is growing; however, challenges remain for the recycling
of electronic devices by households and other small generators.
Collection of such electronic devices is expensive, and
separation and proper recycling of some of the materials
recovered, like lead from cathode-ray tube televisions, is
costly.
(4) The export of unwanted electronic devices to developing
countries also presents a serious challenge. The crude methods
of many of the recycling operations in these countries can
expose workers to harmful chemicals, jeopardizing their health
and polluting the environment.
(5) Some of the challenges to increasing the recyclability
of electronic devices can be addressed by improving the
logistics and technology of the collection and recycling
process, designing electronic devices to avoid the use of
hazardous materials and to be more easily recycled, and
encouraging the use of recycled materials in more applications.
(6) The public currently does not take full advantage of
existing electronic device recycling opportunities. Studying
factors that influence behavior and educating consumers about
responsible electronic device recycling could help communities
and private industry develop recycling programs that draw more
participation.
(7) The development of tools and technologies to increase
the lifespan of electronic devices and to promote their safe
reuse would decrease the impact of the production of electronic
devices on the environment and likely increase the
recyclability of such devices.
(8) Accurately assessing the environmental impacts of the
production of electronic devices and the recycling of such
devices is a complex task. Data, tools, and methods to better
quantify these impacts would help policymakers and others
determine the best end-of-life management options for
electronic devices.
SEC. 3. ELECTRONIC DEVICE ENGINEERING RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROJECTS.
(a) In General.--The Administrator shall award multiyear grants to
consortia to conduct research to create innovative and practical
approaches to manage the environmental impacts of electronic devices
and, through the conduct of this research, to contribute to the
professional development of scientists, engineers, and technicians in
the fields of electronic device manufacturing, design, refurbishing,
and recycling. The grants awarded under this section shall support
research to--
(1) increase the efficiency of and improve electronic
device collection and recycling;
(2) expand the uses and applications for materials
recovered from electronic devices;
(3) develop and demonstrate environmentally friendly
alternatives to the use of hazardous and potentially hazardous
materials in electronic devices and the production of such
devices;
(4) develop methods to identify, separate, and remove
hazardous and potentially hazardous materials from electronic
devices and to reuse, recycle, or dispose of such materials in
a safe manner;
(5) reconsider product design and assembly to facilitate
and improve refurbishment, reuse, and recycling of electronic
devices, including an emphasis on design for recycling;
(6) conduct lifecycle analyses of electronic devices,
including developing tools and methods to assess the
environmental impacts of the production, use, and end-of-life
management of electronic devices and electronic device
components;
(7) develop product design, tools, and techniques to extend
the lifecycle of electronic devices, including methods to
promote their upgrade and safe reuse; and
(8) identify the social, behavioral, and economic barriers
to recycling and reuse for electronic devices and develop
strategies to increase awareness, consumer acceptance, and the
practice of responsible recycling and reuse for such devices.
(b) Merit Review; Competition.--Grants shall be awarded under this
section on a merit-reviewed, competitive basis.
(c) Applications.--A consortium shall submit an application for a
grant under this section to the Administrator at such time, in such
manner, and containing such information and assurances as the
Administrator may require. The application shall include a description
of--
(1) the research project that will be undertaken by the
consortium and the contributions of each of the participating
entities, including the for-profit entity;
(2) the applicability of the project to reduce impediments
to electronic device recycling in the electronic device design,
manufacturing, refurbishing, or recycling industries;
(3) the potential for and feasibility of incorporating the
research results into industry practice; and
(4) how the project will promote collaboration among
scientists and engineers from different disciplines, such as
electrical engineering, materials science, and social science.
(d) Dissemination of Research Results.--Research results shall be
made publicly available through--
(1) development of best practices or training materials for
use in the electronic device manufacturing, design,
refurbishing, or recycling industries;
(2) dissemination at conferences affiliated with such
industries;
(3) publication on the Environmental Protection Agency's
Web site;
(4) demonstration projects; or
(5) educational materials for the public produced in
conjunction with State governments, local governments, or
nonprofit organizations on problems and solutions related to
electronic device recycling and reuse.
(e) Funding Contribution From For-Profit Member of Consortium.--The
for-profit entity participating in the consortium shall contribute at
least 10 percent of the total research project cost, either directly or
with in-kind contributions.
(f) Protection of Proprietary Information.--The Administrator--
(1) shall not disclose any proprietary information or trade
secrets provided by any person or entity pursuant to this
section;
(2) shall ensure that, as a condition of receipt of a grant
under this section, each member of the consortium has in place
proper protections to maintain proprietary information or trade
secrets contributed by other members of the consortium; and
(3) if any member of the consortium breaches the conditions
under paragraph (2) or discloses proprietary information or
trade secrets, may require the return of any funds received
under this section by such member.
(g) Biennial Report.--Within 2 years after the date of enactment of
this Act, and every 2 years thereafter, the Administrator shall
transmit a report to Congress that provides--
(1) a list of the grants awarded under this section;
(2) the entities participating in each consortium receiving
a grant;
(3) a description of the research projects carried out in
whole or in part with funds made available under such a grant;
(4) the results of such research projects; and
(5) a description of the rate and success of the adoption
or integration of such research results into the manufacturing
processes, management practices, and products of the
electronics industry.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section:
(1) $18,000,000 for fiscal year 2010.
(2) $20,000,000 for fiscal year 2011.
(3) $22,000,000 for fiscal year 2012.
SEC. 4. NATIONAL ACADEMY OF SCIENCES REPORT ON ELECTRONIC DEVICE
RECYCLING.
(a) In General.--In order to better recognize gaps and
opportunities in the research and training programs established in this
Act, the Administrator shall enter into an arrangement with the
National Academy of Sciences for a report, to be transmitted to
Congress not later than 1 year after the date of enactment of this Act,
on--
(1) opportunities for and barriers to--
(A) increasing the recyclability of electronic
devices, specifically addressing--
(i) recycling or safe disposal of
electronic devices and low value materials
recovered from such devices;
(ii) designing electronic devices to
facilitate reuse and recycling; and
(iii) the reuse of electronic devices; and
(B) making electronic devices safer and more
environmentally friendly, specifically addressing
reducing the use of hazardous materials and potentially
hazardous materials in electronic devices;
(2) the environmental and human health risks posed by the
storage, transport, recycling, and disposal of unwanted
electronic devices;
(3) the current status of research and training programs to
promote the environmental design of electronic devices to
increase the recyclability of such devices; and
(4) any regulatory or statutory barriers that may prevent
the adoption or implementation of best management practices or
technological innovations that may arise from the research and
training programs established in this Act.
(b) Recommendations.--The report under subsection (a) shall
identify gaps in the current research and training programs in
addressing the opportunities, barriers, and risks relating to
electronic device recycling, and the report shall recommend areas where
additional research and development resources are needed to reduce the
impact of unwanted electronic devices on the environment.
SEC. 5. ENGINEERING CURRICULUM DEVELOPMENT GRANTS.
(a) Grant Program.--The Administrator, in consultation with the
Director of the National Science Foundation, shall award grants to
institutions of higher education to develop curricula that incorporates
the principles of environmental design into the development of
electronic devices--
(1) for the training of electrical, mechanical, industrial,
manufacturing, materials, and software engineers and other
students at the undergraduate and graduate level; and
(2) to support the continuing education of professionals in
the electronic device manufacturing, design, refurbishing, or
recycling industries.
(b) Eligible Entities.--The term ``institution of higher
education'', as such term is used with respect to eligibility to
receive a grant under subsection (a)(2), includes any institution of
higher education under section 101(b) of the Higher Education Act of
1965 (20 U.S.C. 1001(b)).
(c) Outreach to Minority Serving Institutions.--The Administrator
shall conduct outreach to minority serving institutions for the
purposes of providing information on the grants available under this
section and how to apply for such grants.
(d) Merit Review; Competition.--Grants shall be awarded under this
section on a merit-reviewed, competitive basis.
(e) Use of Funds.--Grants awarded under this section shall be used
for activities that enhance the ability of an institution of higher
education to broaden the undergraduate and graduate-level engineering
curriculum or professional continuing education curriculum to include
environmental engineering design principles and consideration of
product lifecycles related to electronic devices and increasing the
recyclability of such devices. Activities may include--
(1) developing and revising curriculum to include
multidisciplinary elements;
(2) creating research and internship opportunities for
students through partnerships with industry, nonprofit
organizations, or government agencies;
(3) creating and establishing certificate programs; and
(4) developing curricula for short courses and continuing
education for professionals in the environmental design of
electronic devices to increase the recyclability of such
devices.
(f) Application.--An institution of higher education seeking a
grant under this section shall submit an application to the
Administrator at such time, in such manner, and with such information
and assurances as the Administrator may require.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section:
(1) $5,000,000 for fiscal year 2010.
(2) $5,150,000 for fiscal year 2011.
(3) $5,304,000 for fiscal year 2012.
SEC. 6. ENVIRONMENTALLY FRIENDLY ALTERNATIVE MATERIALS PHYSICAL
PROPERTY DATABASE.
(a) In General.--The Director shall establish an initiative to
develop a comprehensive physical property database for environmentally
friendly alternative materials for use in electronic devices.
(b) Priorities.--The Director, working with the electronic device
design, manufacturing, or recycling industries, shall develop a
strategic plan to establish priorities and the physical property
characterization requirements for the database described in subsection
(a).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator to carry out this section:
(1) $3,000,000 for fiscal year 2010.
(2) $3,000,000 for fiscal year 2011.
(3) $3,000,000 for fiscal year 2012.
SEC. 7. DEFINITIONS.
For the purposes of this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Consortium.--The term ``consortium'' means a grant
applicant or recipient under section 3(a) that includes--
(A) at least one institution of higher education,
nonprofit research institution, or government
laboratory; and
(B) at least one for-profit entity, including a
manufacturer, designer, refurbisher, or recycler of
electronic devices or the components of such devices.
(3) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
(4) Electronic device.--The term ``electronic device'' may
include computers, computer monitors, televisions, laptops,
printers, wireless devices, copiers, fax machines, stereos,
video gaming systems, and the components of such devices.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(6) Minority serving institution.--The term ``minority
serving institution'' means an institution that is an eligible
institution under section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
Passed the House of Representatives April 22, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Electronic Device Recycling Research and Development Act - (Sec. 3) Requires the Administrator of the Environmental Protection Agency (EPA) to award multiyear grants through a competitive, merit-based process to consortia: (1) to conduct research to create innovative and practical approaches to manage the environmental impacts of electronic devices through recycling, reuse, reduction of the use of hazardous materials, and life-cycle extension; and (2) through such research, to contribute to the professional development of scientists, engineers, and technicians in the fields of electronic device manufacturing, design, refurbishing, and recycling.
Sets forth the ways in which research results shall be disseminated to the public.
Provides for the protection of proprietary information of trade secrets provided by any person or entity pursuant to this Act.
Requires the Administrator to report to Congress biennially on the grants awarded and the results of research projects carried out under such grants.
(Sec. 4) Requires the Administrator to enter into an arrangement for the National Academy of Sciences to report to Congress on: (1) opportunities for, and barriers to, increasing the recyclability of electronic devices and making electronic devises safer and more environmentally friendly; (2) the risks posed by the storage, transport, recycling, and disposal of unwanted electronic devices; (3) the current status of research and training programs to promote the environmental design of electronic devices to increase the recyclability of such devices; and (4) regulatory or statutory barriers that may prevent the adoption or implementation of best management practices or technological innovations that may arise from the research and training programs established in this Act. Requires such reports to: (1) identify gaps in the current research and training programs in addressing the opportunities, barriers, and risks relating to electronic device recycling; and (2) recommend areas where additional research and development resources are needed to reduce the impact of unwanted electronic devices on the environment.
(Sec. 5) Requires the Administrator to award grants through a competitive, merit-based process to institutions of higher education to develop curricula that incorporates the principles of environmental design into the development of electronic devices: (1) for the training of engineers and other students; and (2) to support the continuing education of professionals in the electronic device manufacturing, design, refurbishing, or recycling industries. Requires: (1) the Administrator to conduct outreach to minority serving institutions to provide information about the grants; and (2) such grants to be used for activities that enhance the ability of an institution to broaden the engineering or professional continuing education curriculum to include environmental engineering design principles and consideration of product lifecycles related to electronic devices and increasing the recyclability of such devices.
(Sec. 6) Requires the Director of the National Institute of Standards and Technology (NIST) to: (1) establish an initiative to develop a comprehensive physical property database for environmentally friendly alternative materials for use in electronic devices; and (2) develop a strategic plan to establish priorities and physical property characterization requirements for the database.
Authorizes appropriations. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coordinated Recovery Initiative for
Babies Act of 2014'' or the ``CRIB Act of 2014''.
SEC. 2. IDENTIFICATION, TREATMENT, AND SURVEILLANCE OF NEONATAL
ABSTINENCE SYNDROME.
(a) Study.--The Secretary of Health and Human Services (in this Act
referred to as the ``Secretary'') shall conduct a study to identify--
(1) the most effective and beneficial methods that are
currently available to identify the need for treating and best
treatment methods for, infants diagnosed with neonatal
abstinence syndrome;
(2) barriers, including associated costs and limitations or
disparities in the availability or scope of health insurance
coverage, that may hinder the clinical use of best practices by
medical professionals and other health care providers for the
identification and treatment of neonatal abstinence syndrome;
(3) circumstances, such as populations with unique needs
and health care settings with limited resources, that may
require particularized best practices for medical professionals
and other health care providers for the identification and
treatment of neonatal abstinence syndrome;
(4) existing surveillance measures within the Department of
Health and Human Services (in this Act referred to as the
``Department'') and in State health agencies relating to
neonatal abstinence syndrome; and
(5) areas in which information on neonatal abstinence
syndrome and its surrounding circumstances is insufficient,
incomplete, or requires further study or analysis.
(b) Advisory Panel.--
(1) Establishment.--The Secretary shall convene an advisory
panel (in this section referred to as the ``Panel'') to
identify and compile the best practices under subsection (c).
The Secretary shall reconvene the Panel for such purpose
whenever the Secretary, with the advice of the Panel,
determines updates are needed to the list of best practices
under subsection (e), but no less than every 2 years.
(2) Members.--The Panel shall be composed of 19 members,
all of whom shall be medical professionals or health care
providers with expertise in neonatal abstinence syndrome.
Members shall represent the broad range of such professionals
and providers necessary to identify and compile the best
practices for identification and treatment of neonatal
abstinence syndrome, including representatives of--
(A) The American Academy of Family Physicians.
(B) The American Academy of Pediatrics.
(C) The American Academy of Physician Assistants.
(D) The American College of Nurse-Midwives.
(E) The American College of Obstetricians and
Gynecologists.
(F) The American Hospital Association.
(G) The American Medical Association.
(H) The American Nurses Association.
(I) The American Pharmacists Association.
(J) The American Public Health Association.
(K) The American Society for Addiction Medicine.
(L) The American Society of Anesthesiologists.
(M) The Association of State and Territorial Health
Professionals.
(N) The Association of Women's Health, Obstetric,
and Neonatal Nurses.
(O) The Children's Hospital Association.
(P) The National Association of Medicaid Directors.
(Q) The National Association of Nurse Practitioners
in Women's Health.
(R) The National Association of Pediatric Nurse
Practitioners.
(S) The National Association of Social Workers.
(3) Administrative support.--The Secretary shall provide
appropriate administrative support, including technical
assistance, to the Panel.
(c) Best Practices; Plan; Report.--Not later than 12 months after
the date of enactment of this Act, the Secretary shall--
(1)(A) identify and compile the best practices for medical
professionals and other health care providers for identifying
and treating neonatal abstinence syndrome; and
(B) identify any gaps in best practices for medical
professionals and other health care providers that may require
additional research or analysis;
(2) develop and implement a plan for the coordination and,
if necessary, expansion and enhancement of public health
surveillance of neonatal abstinence syndrome that--
(A) identifies the data necessary for a public
health response to neonatal abstinence syndrome;
(B) identifies any gaps in current surveillance or
coordination that results in the lack of collection of
such data, including a lack of timeliness or
standardization of data reporting;
(C) makes recommendations and provides assistance
to the States to implement effective measures to
collect such necessary data by State health agencies;
and
(D) designates an appropriate agency in the
Department to coordinate such data; and
(3) not later than 18 months after the date of enactment of
this Act, submit to the Congress a report containing the
Secretary's findings and identifying issues that--
(A) relate to neonatal abstinence syndrome,
including its causes, identification, treatment,
prevalence, and effects; and
(B) public health issues related to neonatal
abstinence syndrome that would benefit from further
study.
(d) Dissemination of Best Practices.--The Secretary--
(1) shall disseminate the best practices identified and
compiled under subsection (c), including any updates under
subsection (e), directly or through arrangements with nonprofit
organizations, government agencies, or the media;
(2) shall post such best practices on the public Internet
site of the Department; and
(3) may include in such dissemination any supplemental
information which the Secretary determines to be relevant and
appropriate, in consultation with the Panel.
(e) Updates to Best Practices.--The Secretary shall periodically,
but no less often than every 2 years, review the best practices
identified under subsection (c) to ensure that such best practices are
up-to-date and reflect the views of the medical community, including
organizations listed in subsection (b)(2).
(f) Appropriate Agency.--In designating an appropriate agency
within the Department under subsection (c), the Secretary shall
consider, among other factors, agency resources, purpose, expertise,
and capability to conduct public health programs and research. | Coordinated Recovery Initiative for Babies Act of 2014 or the CRIB Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to study the treatment and surveillance of, and available information concerning, neonatal abstinence syndrome (a group of problems occurring in a newborn who was exposed to addictive drugs while in the mother's womb). Requires the Secretary to establish an advisory panel to identify and compile best practices and to disseminate the practices, including through the public HHS website. Requires a review of the best practices at least every two years. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Primary Care Workforce Access
Improvement Act of 2011''.
SEC. 2. MEDICARE PRIMARY CARE GRADUATE MEDICAL EDUCATION PILOT PROJECT.
(a) Establishment.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall conduct a pilot
project under the Medicare program under title XVIII of the Social
Security Act, in accordance with the provisions of this section, to
test models for providing payment under such title for direct graduate
medical education and indirect medical education to medical education
entities, which entities are not otherwise eligible to receive such
payments under the Medicare program, for the costs of training primary
care residents.
(b) Duration.--The Secretary shall conduct the pilot project under
this section over a 5-year period, which shall begin not later than 180
days after the date of the enactment of this Act.
(c) Models.--
(1) Required models.--Under the pilot project, the
Secretary shall test two of each of the following models:
(A) A model in which the medical education entity
receiving funds under the pilot project is a community-
based independent corporate entity collaborating with
two or more hospitals to operate one or more primary
care graduate medical residency training programs.
(B) A model in which--
(i) the medical education entity receiving
funds under the pilot project is established by
two or more hospitals to operate one or more
primary care graduate medical residency
training programs; and
(ii) such hospitals may be the sole
corporate members of the entity but the
governing board of the entity shall include at
least one community representative.
(C) A model in which the medical education entity
receiving funds under the pilot project is a hospital
subsidiary or independent corporation that operates one
or more primary care graduate medical residency
training programs for a hospital with community
participation in the governance of the subsidiary or
corporation.
(D) A model in which--
(i) the medical education entity receiving
funds under the pilot project is independent of
any hospital but collaborates with a hospital
in operating one or more primary care graduate
medical residency training programs; and
(ii) the medical education entity may
include a university or school of medicine.
(2) Additional models.--Under the pilot project, the
Secretary may test models of medical education entities in
addition to those described in paragraph (1).
(d) Prioritization.--Under the pilot project, the Secretary of
Health and Human Services may give priority to testing models that
demonstrate the capability of improving the quality, quantity, and
distribution of primary care physicians, including the ability to
enhance primary care delivery in rural and underserved areas.
(e) Payments.--
(1) Payments to medical education entities.--Under the
pilot project, the Secretary shall establish a process under
which payments are made to each medical education entity
participating under such project for direct graduate medical
education and indirect medical education costs with respect to
primary care residents enrolled under a primary care graduate
medical residency training program operated pursuant to a model
of such entity under subsection (c) instead of any payment or
adjustment that would otherwise be made to a participant
hospital (as defined in subsection (m)) of such entity for
indirect and direct graduate medical education costs under
subsections (d)(5)(B) and (h) of section 1886 of the Social
Security Act (42 U.S.C. 1395ww) during the period of
participation of such entity in such project.
(2) Calculation of payments.--Payments to a medical
education entity under the pilot project, with respect to a
primary care graduate medical education residency program, for
a cost reporting period during which the entity is
participating in such pilot shall be, based on the most
recently available data with respect to a previous cost
reporting period, equal to the sum of the following:
(A) Direct gme.--The amount that, out of all of the
payment amounts (determined on a per resident basis)
received by hospitals under section 1886(h) of the
Social Security Act (42 U.S.C. 1395ww(h)) for such
previous cost reporting period, is equal to the 95th
percentile of such payment amounts.
(B) Indirect gme.--The amount that, out of all of
the additional payment amounts (determined on a per
resident basis) received by hospitals under section
1886(d)(5)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(5)(B)) for such previous cost reporting
period, is equal to the 95th percentile of such payment
amounts.
(3) Additional payments for programs serving underserved
areas.--Payments in addition to the payments described in
paragraph (2) may be made under the pilot project for primary
care graduate medical residency training programs that--
(A) operate in sites and areas that are underserved
by primary care physicians; or
(B) change their training sites to include those
areas.
(4) Payments from medicare trust funds.--In providing for
such payments under this subsection to medical education
entities, the Secretary shall provide for an allocation of such
payments between part A and part B (and the Federal Hospital
Insurance Trust Fund under section 1817 of the Social Security
Act (42 U.S.C. 1395i) and the Federal Supplementary Medical
Insurance Trust Fund under section 1841 of such Act (42 U.S.C.
1395t)) in the same manner as the Secretary provides for an
allocation of payments under subsections (d)(5)(B) and (h),
respectively, of section 1886 of such Act (42 U.S.C. 1395ww).
(f) Uses of Payments.--
(1) In general.--A medical education entity receiving
payments under the pilot project shall use such payments for
the training of primary care residents, including training
activities in appropriate inpatient and outpatient settings in
primary care graduate medical residency training programs
accredited by the Accreditation Council for Graduate Medical
Education or the American Osteopathic Association and for all
relevant topics including patient care, care management,
working in teams, supervision, and quality improvement.
(2) Limitations.--Payments shall only be made for training
primary care residents up to the initial board certification of
such residents, except that with respect to training in
geriatric medicine, payments may also be made for a fellowship
after initial board certification.
(g) Expansion During Pilot Project.--A medical education entity
receiving funds under the pilot project, with respect to a primary care
graduate medical residency training program, shall be allowed to
increase by up to 50 percent the number of full-time equivalent primary
care residents enrolled in the such program (determined in accordance
with the process under subsection (d)(2)(A)(ii)) during the duration of
the participation of such entity in such project.
(h) Treatment After Project.--
(1) In general.--Subject to paragraphs (2) and (3), after
the last day of the pilot project, which may be extended at the
discretion of the Secretary, any participant hospital of a
medical education entity under the pilot project, shall receive
payments under subsection (d)(5)(B) and (h) of section 1886 of
the Social Security Act (42 U.S.C. 1395ww) in the same manner
and to the same extent such hospital would receive such
payments without application of this Act and such payments
shall be calculated based on the number of full-time equivalent
residents enrolled in such program without regard to any
increase made pursuant to subsection (g).
(2) Exception to ensure residents enrolled during pilot are
able to complete training.--Subject to paragraph (3), a medical
education entity receiving funds under the pilot project, with
respect to a primary care graduate medical residency training
program, shall continue to receive funding under this section
(even after the last day of the project), with respect to each
primary care resident who is enrolled under such program while
the entity is participating in such project, to the extent and
in such amounts necessary to allow for the full duration of
training, subject to subsection (f)(2), of such primary care
resident. Any such payments made pursuant to this subparagraph
shall be deemed to be a payment made under the pilot project.
(3) Limitation.--In no case may the total duration of the
pilot project exceed seven years and in no case may payments be
made under this section to a medical education entity for a
period exceeding seven years.
(i) Budget Neutrality.--For each year that the pilot project under
this section is being conducted (and for any subsequent year to the
extent subsection (h)(2) applies), the Secretary shall reduce payments
under subsections (d)(5)(B) and (h) of section 1886 of the Social
Security Act (42 U.S.C. 1395ww) by such amount as the Secretary
determines to be necessary to ensure that carrying out the pilot
project under this section during such year does not result in
expenditures under title XVIII of the Social Security Act for such year
that exceed the amount of such expenditures that would have been made
for such year without application of this section.
(j) Waiver Authority.--The Secretary may waive such requirements of
titles XI and XVIII of the Social Security Act as may be necessary to
carry out the purpose of the pilot project under this section.
(k) Report to Congress.--The Secretary is authorized to enter into
an agreement with the Institute of Medicine to conduct a study on the
results of the pilot project. Such agreement shall provide for the
Institute of Medicine to submit, not later than 1 year after the
completion of the pilot project under this section (or, if sooner,
January 1, 2019), to Congress a report on the results of such study,
including--
(1) a detailed analysis of the effects of the pilot,
including the quality, quantity, and distribution of primary
care physicians during and after the pilot project compared to
the quality, quantity, and distribution of such physicians
before the pilot project; and the governance, administration
and financial strength of the medical educational entities that
participated in the pilot project;
(2) recommendations on the extent to which the pilot
project should be expanded to all primary care residents; and
(3) recommendations for such legislation and administrative
actions as needed.
(l) Expansion.--If the Secretary determines that any of the models
tested under the pilot project under this section enhance the quality,
quantity, and distribution of primary care physicians for Medicare
beneficiaries, the Secretary may initiate comparable primary care
training projects.
(m) Definitions.--For purposes of this section:
(1) Direct graduate medical education costs; indirect
graduate medical education costs.--The terms ``direct graduate
medical education costs'' and ``indirect graduate medical
education'' have the meanings given such terms for purposes of
subsections (h) and (d)(5)(B), respectively, of section 1886 of
the Social Security Act (42 U.S.C. 1395ww).
(2) Medical education entity.--The term ``medical education
entity'' means a corporate, nonprofit, or academic entity that
has as its principal mission the education and training of
primary care residents.
(3) Medicare beneficiary.--The term ``Medicare
beneficiary'' means an individual entitled to benefits under
part A of title XVIII of the Social Security Act or enrolled
under part B of such title.
(4) Participant hospital.--The term ``participant
hospital'' means, with respect to a medical education entity,
any hospital that establishes, is collaborating with, a
component of, or otherwise associated with, such entity to
operate a primary care graduate medical residency training
program under a model described in subsection (c).
(5) Primary care graduate medical residency training
program.--The term ``primary care graduate medical residency
training program'' means an approved medical residency training
program (as defined in section 1886(h)(5)(A) of the Social
Security Act (42 U.S.C. 1395ww(h)(5)(A))) for training primary
care residents.
(6) Primary care resident.--The term ``primary care
resident'' means a resident enrolled in an approved medical
residency training program in family medicine, general internal
medicine, general pediatrics, or geriatric medicine. | Primary Care Workforce Access Improvement Act of 2011 - Directs the Secretary of Health and Human Services (HHS) to conduct a pilot project under title XVIII (Medicare) of the Social Security Act to test models for providing payment for direct graduate medical education (GME) and indirect medical education (IME) to medical education entities (MEEs), not otherwise eligible to receive such payments, for the costs of training primary care residents.
Requires testing of two of the following model MEEs: (1) a community-based independent corporate entity collaborating with two or more hospitals to operate one or more primary care graduate medical residency training programs (training hospitals); (2) a MEE, with at least one community representative on its board, which is established by two or more training hospitals which may be the sole corporate members of the MEE; (3) a hospital subsidiary or independent corporation, with community participation in its governance, that operates one or more training programs for a hospital; or (4) a MEE (including a university or school of medicine) independent of any hospital but collaborating with one in operating one or more primary care graduate medical residency training programs. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inspector General Act Amendments of
2001''.
SEC. 2. PROHIBITION OF CASH BONUS OR AWARDS.
Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(e) An Inspector General (as defined under section 8G(a)(6) or
11(3)) may not receive any cash award or cash bonus, including any cash
award under chapter 45 of title 5, United States Code.''.
SEC. 3. EXTERNAL REVIEWS.
(a) In General.--Section 4 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
``(e)(1)(A) Not less than every 3 years an external review shall be
conducted of each Office (as defined under section 8G(a)(5) or 11(4)).
``(B) The Inspector General of each Office as defined under section
8G(a)(5) or 11(4) shall arrange with the General Accounting Office or
an appropriate private entity for the conduct of the review.
``(C) If an Inspector General contracts with a private entity for a
review under this subsection, the private entity shall be contracted in
accordance with section 303 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253).
``(2) At a minimum, an external review under this subsection shall
evaluate whether the Office properly manages and controls--
``(A) contracts awarded by the Office, including a
determination of whether--
``(i) procedures used to procure contracts are in
accordance with applicable laws and regulations; and
``(ii) costs incurred are reasonable and allowable
under the terms of each contract;
``(B) appropriated funds, including a determination of
whether training and travel funds are expended in accordance
with applicable laws and regulations; and
``(C) personnel actions, including a determination of
whether hiring and promotion practices used and performance
awards issued are in accordance with applicable laws and
regulations.
``(3) Not later than 30 calendar days after the completion of an
external review, a report of the results shall be submitted to the head
of the establishment and simultaneously to the appropriate committees
or subcommittees of the Congress.''.
(b) Technical and Conforming Amendment.--The section heading for
section 4 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended to read as follows:
``duties and responsibilities; report of criminal violations to
attorney general; external reviews''.
SEC. 4. ANNUAL REPORTS.
(a) In General.--Section 5(a) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended--
(1) by striking the first sentence and inserting ``Each
Inspector General shall, not later than October 31 of each
year, prepare an annual report summarizing the activities and
accomplishments of the Office during the immediately preceding
12-month period ending September 30.'';
(2) by striking paragraphs (1) through (12) and inserting
the following:
``(1) a summary of the program areas within the
establishment identified by the Inspector General as high risk
because of vulnerabilities to waste, fraud, abuse, and
mismanagement;
``(2) a description of the most significant audits,
investigations (administrative, civil, and criminal), and
evaluations and inspections completed during the reporting
period;
``(3) a summary of each report made to the head of the
establishment under section 6(b)(2) during the reporting
period;
``(4) a table showing--
``(A)(i) the total number of final audit reports
issued by the Office of Inspector General; and
``(ii) the financial benefits associated with the
reports segregated by category, such as budget
reductions, costs avoided, questioned costs, and
revenue enhancements; and
``(B) corrective actions taken and program
improvements made during the reporting period in
response to either an Office of Inspector General audit
finding or recommendation (excluding any recommendation
included under subparagraph (A) with respect to such
corrective actions);
``(5) a table showing--
``(A) the judicial and administrative actions
associated with investigations conducted by the Office
of Inspector General;
``(B) the number of--
``(i) cases referred for criminal
prosecution, civil remedies, or administrative
actions;
``(ii) cases presented but declined for
prosecution, segregated by criminal and civil;
``(iii) cases accepted for prosecution
(both Federal and State), segregated by
criminal and civil;
``(iv) defendants indicted;
``(v) defendants convicted;
``(vi) defendants acquitted or charges
dismissed after indictment;
``(vii) defendants sentenced to terms of
imprisonment;
``(viii) defendants sentenced to terms of
probation; and
``(ix) suspensions, disbarments,
exclusions, sanctions, or some other similar
administrative action; and
``(C) the total amount of fines, restitutions, and
recoveries;
``(6) a description of the organization and management
structure of the Office of Inspector General, including--
``(A) an organization chart showing the major
components of the Office;
``(B) a statistical table showing the number of
authorized full-time equivalent positions segregated by
component and by headquarters and field office; and
``(C) the amount of funding received in prior and
current fiscal years;
``(7) a table showing--
``(A) the number of contracts, and associated
dollar value, awarded on a noncompetitive basis by the
Office of Inspector General; and
``(B) with respect to any individual contract
valued over $100,000, awarded on a noncompetitive
basis--
``(i) the name of the contractor;
``(ii) statement of work;
``(iii) the time period of the contract;
and
``(iv) the dollar amount of the contract;
``(8)(A) a summary of each audit report issued in previous
reporting periods for which no management decision has been
made by the end of the reporting period (including the date and
title of each such report);
``(B) an explanation of the reasons such management
decision has not been made; and
``(C) a statement concerning the desired timetable for
achieving a management decision on each such report;'';
(3) by redesignating paragraph (13) as paragraph (9);
(4) in paragraph (9) (as redesignated by paragraph (3) of
this subsection)--
(A) by striking ``section 05(b)'' and inserting
``section 804(b)''; and
(B) by striking the period and inserting ``; and'';
and
(5) by adding at the end the following new paragraph:
``(10) any other information that the Inspector General
determines appropriate to include in the annual report.''.
(b) Semiannual Reports.--Section 5 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f)(1) Subject to paragraph (4), in addition to any annual report
required to be furnished and transmitted under subsection (b), an
Inspector General shall prepare and submit a report described under
paragraph (2) to--
``(A) the applicable congressional committee, if the
chairman or ranking member of a congressional committee with
appropriate jurisdiction submits a written request to such
Inspector General; or
``(B) to the Comptroller General of the United States if
the Comptroller General submits a written request to such
Inspector General.
``(2) A report referred to under paragraph (1) shall--
``(A) contain the information required for an annual report
under subsection (a); and
``(B) summarize the activities of the Office during the 6-
month period ending on March 31 of the calendar year following
the date on which the request is made.
``(3) A report under this subsection shall be submitted on April 30
of the calendar year following the date on which the request is made.
``(4) An Inspector General shall not be required to submit a report
under this subsection if the written request for such report is
submitted to the Inspector General after November 30 of the calendar
year preceding the date on which the report is otherwise required to be
submitted to a congressional committee or the Comptroller General.''.
(c) Submission of Other Reports.--Nothing in the amendments made by
this section shall be construed to limit an Inspector General from
submitting any report containing in whole or part information required
in an annual or semiannual report furnished and transmitted under
section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) to the
Congress more frequently than on an annual or semiannual basis.
(d) Technical and Conforming Amendments.--
(1) Section 4(a)(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by striking ``semiannual'' and
inserting ``annual''.
(2) Section 5 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(A) in subsection (b)--
(i) by striking ``Semiannual'' and
inserting ``Annual''; and
(ii) by striking ``April 30 and''; and
(B) in subsection (c)--
(i) in the first sentence by striking
``semiannual'' and inserting ``annual''; and
(ii) in the second sentence by striking
``semiannual'' and inserting ``annual''.
(3) Section 8(f) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by striking ``semiannual'' and
inserting ``annual''.
SEC. 5. INSPECTORS GENERAL AT LEVEL III OF EXECUTIVE SCHEDULE.
(a) Level IV Positions.--Section 5315 of title 5, United States
Code, is amended by striking each item relating to the following
positions:
(1) Inspector General, Department of Education.
(2) Inspector General, Department of Energy.
(3) Inspector General, Department of Health and Human
Services.
(4) Inspector General, Department of Agriculture.
(5) Inspector General, Department of Housing and Urban
Development.
(6) Inspector General, Department of Labor.
(7) Inspector General, Department of Transportation.
(8) Inspector General, Department of Veterans Affairs.
(9) Inspector General, Department of Defense.
(10) Inspector General, United States Information Agency.
(11) Inspector General, Department of State.
(12) Inspector General, Department of Commerce.
(13) Inspector General, Department of the Interior.
(14) Inspector General, Department of Justice.
(15) Inspector General, Department of the Treasury.
(16) Inspector General, Agency for International
Development.
(17) Inspector General, Environmental Protection Agency.
(18) Inspector General, Federal Emergency Management
Agency.
(19) Inspector General, General Services Administration.
(20) Inspector General, National Aeronautics and Space
Administration.
(21) Inspector General, Nuclear Regulatory Commission.
(22) Inspector General, Office of Personnel Management.
(23) Inspector General, Railroad Retirement Board.
(24) Inspector General, Small Business Administration.
(25) Inspector General, Federal Deposit Insurance
Corporation.
(26) Inspector General, Resolution Trust Corporation.
(27) Inspector General, Central Intelligence Agency.
(28) Inspector General, Social Security Administration.
(29) Inspector General, United States Postal Service.
(b) Level III Positions.--Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
``Inspector General, Department of Education.
``Inspector General, Department of Energy.
``Inspector General, Department of Health and Human
Services.
``Inspector General, Department of Agriculture.
``Inspector General, Department of Housing and Urban
Development.
``Inspector General, Department of Labor.
``Inspector General, Department of Transportation.
``Inspector General, Department of Veterans Affairs.
``Inspector General, Department of Defense.
``Inspector General, Department of State.
``Inspector General, Department of Commerce.
``Inspector General, Department of the Interior.
``Inspector General, Department of Justice.
``Inspector General, Department of the Treasury.
``Inspector General, Agency for International Development.
``Inspector General, Corporation for Community and National
Service.
``Inspector General, Environmental Protection Agency.
``Inspector General, Federal Emergency Management Agency.
``Inspector General, General Services Administration.
``Inspector General, National Aeronautics and Space
Administration.
``Inspector General, Nuclear Regulatory Commission.
``Inspector General, Office of Personnel Management.
``Inspector General, Railroad Retirement Board.
``Inspector General, Small Business Administration.
``Inspector General, Federal Deposit Insurance Corporation.
``Inspector General, Central Intelligence Agency.
``Inspector General, Social Security Administration.
``Inspector General, United States Postal Service.''.
(c) Savings Provision.--Nothing in this section shall have the
effect of reducing the rate of pay of any individual serving as an
Inspector General on the effective date of this section.
SEC. 6. STUDY AND REPORT ON CONSOLIDATION OF INSPECTOR GENERAL OFFICES.
(a) Study.--The Comptroller General of the United States shall--
(1) develop criteria for determining whether the
consolidation of Federal Inspector General offices would be
cost-efficient and in the public interest; and
(2) conduct a study of Federal Inspector General offices
using the criteria developed under paragraph (1) to determine
whether any such offices should be consolidated.
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit a report to
the Congress containing recommendations for any legislative action,
based on the study conducted under subsection (a). | Inspector General Act Amendments of 2001 - Amends the Inspector General Act of 1978 to prohibit the receipt of any cash award or cash bonus by an Inspector General.Provides for an external review of the Office of Inspector General (Office) for specified Federal agencies at least every three years by the General Accounting Office or a private entity.Changes the semiannual Office activities report to an annual report. Revises required elements of such reports.Sets forth new semiannual Office activities reporting requirements.Changes the rate of pay of specified Inspectors General from Level IV to Level III of the Executive Schedule.Requires the Comptroller General to: (1) develop criteria for determining whether the consolidation of Federal Inspector General offices would be cost-efficient and in the public interest; (2) study the offices using such criteria to determine whether any should be consolidated; and (3) report to Congress recommendations for legislative action based on the study. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Anti-Semitism Awareness Act
of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Acts of anti-Semitism in countries throughout the
world, including in some of the world's strongest democracies,
have increased significantly in frequency and scope over the
last several years.
(2) During the last three months of 2003 and the first
three months of 2004, there were numerous instances of anti-
Semitic violence around the world, including the following
incidents:
(A) In Putrajaya, Malaysia, on October 16, 2003,
Prime Minister Mahathir Mohamad of Malaysia told the 57
national leaders assembled for the Organization of the
Islamic Conference that Jews ``rule the world by
proxy'', and called for a ``final victory'' by the
world's 1.3 billion Muslims, who, he said, ``cannot be
defeated by a few million Jews''.
(B) In Istanbul, Turkey, on November 15, 2003,
simultaneous car bombs exploded outside two synagogues
filled with worshippers, killing 24 people and wounding
more than 250.
(C) In Hobart, Australia, on January 5, 2004,
poison was used to ignite and burn anti-Semitic slogans
into the lawns of the Parliament House of the state of
Tasmania.
(D) In St. Petersburg, Russia, on February 15,
2004, vandals desecrated approximately 50 gravestones
in a Jewish cemetery, painting the stones with
swastikas and anti-Semitic graffiti.
(E) In Toronto, Canada, from March 19 to March 21,
2004, vandals attacked a Jewish school, a Jewish
cemetery, and area synagogues, painting swastikas and
anti-Semitic slogans on the walls of a synagogue and on
residential property in a nearby, predominantly Jewish,
neighborhood.
(F) In Toulon, France, on March 23, 2004, a Jewish
synagogue and community center were set on fire.
(3) Anti-Semitism has at times taken the form of
vilification of Zionism, the Jewish national movement, and
incitement against Israel.
(4) Anti-Semitism is also increasingly emanating from the
Arab and Muslim world on a sustained basis, including through
books distributed by government-owned publishing houses in
Egypt and other Arab countries.
(5) In November 2002, state-run television in Egypt
broadcast the anti-Semitic series entitled ``Horseman Without a
Horse'', which is based upon the fictitious conspiracy theory
known as the Protocols of the Elders of Zion. The Protocols
have been used throughout the last century by despots such as
Adolf Hitler to justify violence against Jews.
(6) In November 2003, Arab television featured an anti-
Semitic series entitled ``Ash-Shatat'' (``The Diaspora''),
which depicts Jewish people conspiring to gain control of the
world.
(7) The sharp rise in anti-Semitic violence has caused
international organizations such as the Organization for
Security and Cooperation in Europe (OSCE) to elevate and bring
renewed focus to this issue, including the convening by the
OSCE in June 2003 of a conference in Vienna dedicated solely to
the issue of anti-Semitism.
(8) On April 28-29, 2004, in Berlin, Germany, the OSCE will
again convene a conference dedicated to addressing the problem
of anti-Semitism, with the United States delegation to be led
by former Mayor of New York City Ed Koch.
(9) The United States has vigorously supported efforts to
address anti-Semitism through bilateral relationships and
interaction with international organizations such as the OSCE,
the European Union, and the United Nations.
(10) Congress has consistently supported efforts to address
the rise in anti-Semitic violence. During the 107th Congress,
both the Senate and the House of Representatives passed
resolutions expressing strong concern about the sharp
escalation of anti-Semitic violence in Europe and calling on
the Department of State to thoroughly document the phenomenon.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should continue to vigorously support
efforts to combat anti-Semitism worldwide through bilateral
relationships and interaction with international organizations
such as the Organization of Security and Cooperation in Europe
(OSCE);
(2) the United States delegation to the OSCE conference in
Berlin should advocate for the appointment of a High
Commissioner on anti-Semitism;
(3) the President should direct the United States
Ambassador to the United Nations to introduce in the most
appropriate forum in the United Nations a measure condemning
anti-Semitism;
(4) the Secretary of State should establish a permanent
office in the Department of State to monitor and combat anti-
Semitism; and
(5) the Department of State should thoroughly document acts
of anti-Semitism and anti-Semitic incitement that occur around
the world.
SEC. 4. AUTHORIZATION FOR ESTABLISHMENT OF OFFICE TO MONITOR AND COMBAT
ANTI-SEMITISM.
The State Department Basic Authorities Act of 1956 is amended by
adding after section 58 (22 U.S.C. 2730) the following new section:
``SEC. 59. MONITORING AND COMBATING ANTI-SEMITISM.
``(a) Office to Monitor and Combat Anti-Semitism.--
``(1) Establishment of office.--The Secretary is authorized
and encouraged to establish within the Department of State an
Office to Monitor and Combat anti-Semitism (in this section
referred to as the `Office') .
``(2) Head of office.--If the Secretary establishes the
Office pursuant to paragraph (1), the head of the Office shall
be the Director for Monitoring and Combatting anti-Semitism.
The Secretary shall appoint the Director of the Office.
``(b) Purpose of Office.--Upon establishment, the Office shall
assume the primary responsibility for--
``(1) monitoring and combatting acts of anti-Semitism and
anti-Semitic incitement that occur in foreign countries;
``(2) coordinating and assisting in the preparation of that
portion of the report required by sections 116(d)(7) and
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d)(7) and 2304(b)) relating to a summary of acts of anti-
Semitism and anti-Semitic incitement around the world for
inclusion in the annual country reports on human rights
practices; and
``(3) coordinating and assisting in the preparation of that
portion of the report required by section 102(b)(1)(C) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6412(b)(1)(C)) relating to an assessment and description of the
nature and extent of acts of anti-Semitism and anti-Semitic
incitement that occur in foreign countries for inclusion in the
annual international religious freedom report.
``(c) Consultations.--The Director of the Office shall consult with
domestic and international nongovernmental organizations and
multilateral organizations and institutions as the Director considers
appropriate to fulfill the purposes of this section.
``(d) Public Hearings and Evidence.--The Director of the Office may
hold public hearings take testimony, and receive evidence as the
Director considers appropriate.''.
SEC. 5. INCLUSION IN DEPARTMENT OF STATE ANNUAL REPORTS OF INFORMATION
CONCERNING ACTS OF ANTI-SEMITISM IN FOREIGN COUNTRIES.
(a) Inclusion in Country Reports on Human Rights Practices.--The
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--
(1) in section 116(d)(7) (22 U.S.C. 2151n(d)(7)), by
striking the semicolon and inserting ``and a summary of acts of
anti-Semitism and anti-Semitic incitement that occur in foreign
countries, including descriptions of--
``(A) acts of physical violence against, or harassment of,
Jewish people, and acts of violence against, or vandalism of,
Jewish community institutions, including schools, synagogues,
and cemeteries that occurred in foreign countries during the
preceding year;
``(B) instances of propaganda in government and non-
government media and other sources in foreign countries that
attempt to justify or promote racial hatred or incite acts of
violence against Jewish people;
``(C) the actions, if any, taken by the governments of such
countries to respond to such violence and attacks or to
eliminate such propaganda or incitement;
``(D) the actions taken by such governments to enact and
enforce laws relating to the protection of the right to
religious freedom of Jewish people; and
``(E) the efforts of such governments to promote anti-bias
and tolerance education;''; and
(2) in the fourth sentence of section 502B(b) (22 U.S.C.
2304(b)), by inserting before the period the following: ``and a
summary of acts of anti-Semitism and anti-Semitic incitement
that occur in foreign countries, including the descriptions of
such acts required under section 116(d)(7)''.
(b) Inclusion in International Religious Freedom Report.--Section
102(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C.
6412(b)(1)) is amended--
(1) by redesignating subparagraphs (C), (D), (E), and (F)
as subparagraphs (D), (E), (F), and (G), respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Acts of anti-semitism.--An assessment and
description of the nature and extent of acts of anti-
Semitism and anti-Semitic incitement that occur in
foreign countries, including descriptions of--
``(i) acts of physical violence against, or
harassment of, Jewish people, and acts of
violence against, or vandalism of, Jewish
community institutions, including schools,
synagogues, and cemeteries that occurred in
foreign countries during the preceding year;
``(ii) instances of propaganda in
government and non-government media and other
sources in foreign countries that attempt to
justify or promote racial hatred or incite acts
of violence against Jewish people;
``(iii) the actions, if any, taken by the
governments of such countries to respond to
such violence and attacks or to eliminate such
propaganda or incitement;
``(iv) the actions taken by such
governments to enact and enforce laws relating
to the protection of the right to religious
freedom of Jewish people; and
``(v) the efforts of such governments to
promote anti-bias and tolerance education.''.
(c) Effective Date of Inclusions.--The amendments made by
subsections (a) and (b) shall apply beginning with the first report
under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151n(d) and 2304(b)) and section 102(b) of the
International Religious Freedom Act of 1998 (22 U.S.C. 6312(b))
submitted more than one year after the date of the enactment of this
Act. | Global Anti-Semitism Awareness Act of 2004 - Expresses the sense of Congress that: (1) the United States should continue to support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations such as the Organization of Security and Cooperation in Europe (OSCE); (2) the U.S. delegation to the OSCE conference in Berlin should advocate for the appointment of a High Commissioner on anti-Semitism; and (3) the President should direct the United States Ambassador to the United Nations to introduce in the United Nations a measure condemning anti-Semitism.
Amends the State Department Basic Authorities Act of 1956 to authorize and encourage the Secretary of State to establish within the Department of State an Office to Monitor and Combat anti-Semitism.
Amends the Foreign Assistance Act of 1961 to include in the Department of State annual reports information on: (1) acts of anti-Semitism in foreign countries; and (2) governmental responses to such acts, including efforts to promote anti-bias education. Makes similar amendments to the International Religious Freedom Act of 1998. | [
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] |
SECTION 1. GOLDEN GATE NATIONAL RECREATION AREA AND SAN FRANCISCO
MARITIME NATIONAL HISTORICAL PARK TECHNICAL CORRECTIONS.
(a) Golden Gate National Recreation Area.--Section 4(f) of the Act
titled ``An Act to establish the Golden Gate National Recreation Area
in the State of California, and for other purposes'' (Public Law 92-
589; 16 U.S.C. 460bb-3(f)) is amended to read as follows:
``(f) The Secretary may enter into a concession contract pursuant
to title IV of the National Parks Omnibus Management Act of 1998 (16
U.S.C. 5951 et seq.) or a lease pursuant to section 802 of that Act (16
U.S.C. 1a-2) for the parcels of property known as Cliff House
Properties and Louis' Restaurant. Notwithstanding any other provision
of law, any proceeds from the use of such property shall be available
until expended, without further appropriation, for the administration,
maintenance, repair, and related expenses of those properties and for
major renovation and park rehabilitation of those buildings included in
the Fort Mason Foundation Agreement.''.
(b) San Francisco Maritime National Historical Park.--
(1) Leasing.--Section 3(c) of the San Francisco Maritime
National Historical Park Act of 1988 (Public Law 100-348; 16
U.S.C. 410nn-1(c)) is amended--
(A) in the first sentence, by striking ``any real
or personal property, including'' and inserting ``any
real or personal property, including the Haslett
Warehouse and''; and
(B) by striking the second sentence and inserting
``Notwithstanding any other provision of law, any
proceeds from the lease of such property shall be
available until expended, without further
appropriation, for the administration, maintenance,
repair, and related expenses of the leased property and
the vessels, equipment, piers, and other assets within
the park.''.
(2) Fees.--Section 3(d) of the San Francisco Maritime
National Historical Park Act of 1988 (Public Law 100-348; 16
U.S.C. 410nn-1(d)) is amended by striking the second sentence
``credited in accordance with'' and all that follows through
the period and inserting ``available until expended, without
further appropriation, for purposes at the park for which fee
revenue is permitted to be used under section 808(a)(3) of the
Consolidated Appropriations Act, 2005 (Public Law 108-447; 16
U.S.C. 6807).''.
(c) Conforming Amendments.--
(1) Map; boundary.--Section 2(b) of the San Francisco
Maritime Historical Park Act of 1988 (Public Law 100-348; 16
U.S.C. 410nn(b)) is amended--
(A) by striking ``numbered 641/80,053 and dated
April 7, 1987'' and inserting ``numbered 350/80,012 and
dated June 2004''; and
(B) by striking the third and fourth sentences and
inserting the following: ``The Secretary of the
Interior (hereafter in this Act referred to as the
`Secretary') may make minor revisions of the boundary
of the park in accordance with section 7(c) of the Land
and Water Conservation Act of 1965 (16 U.S.C. 460l-
9(c)).''.
(2) Fees or admission charges.--Section 4(e) of the Act
titled ``An Act to establish the Golden Gate National
Recreation Area in the State of California, and for other
purposes'' (Public Law 92-589; 16 U.S.C. 460bb-3(e)) is amended
by striking ``and for admission to the sailing vessel Balclutha
and other historical vessels of the National Maritime Museum''.
SEC. 2. GOLDEN GATE NATIONAL PARKS.
(a) Name Change.--
(1) In general.--The Golden Gate National Recreation Area
is hereby renamed the ``Golden Gate National Parks''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Golden Gate National Recreation Area is deemed to be a
reference to the Golden Gate National Parks.
(3) Conforming amendments.--The Act titled ``An Act to
establish the Golden Gate National Recreation Area in the State
of California, and for other purposes'' (Public Law 92-589,
approved October 27, 1972) is amended--
(A) in sections 1 and 2 by striking ``National
Recreation Area'' each place it appears and inserting
``National Parks''; and
(B) by striking ``recreation area'' each place it
appears and inserting ``national parks''.
(b) Change of Unit From Recreation Area to National Park.--
(1) In general.--The Golden Gate National Parks, as so
renamed by subsection (a), is hereby designated as a national
park and shall be administered as such by the Secretary of the
Interior.
(2) Clarification.--This section designates the recreation
area known as Golden Gate National Recreation Area as a
national park and renames that unit Golden Gate National Parks.
Nothing in this section shall be construed as creating a new
``national parks'' category of designation with the National
Park System.
SEC. 3. PRESIDIO TRUST TECHNICAL CORRECTIONS.
(a) Public Information and Interpretation.--Section 102(b) of
division I of the Omnibus Parks and Public Lands Management Act of 1996
is amended to read as follows:
``(b) Public Information and Interpretation.--The Secretary and the
Presidio Trust shall provide public interpretive services, visitor
orientation and educational programs within the Presidio.''.
(b) Transfer; Board of Directors.--Section 103 of division I of the
Omnibus Parks and Public Lands Management Act of 1996 is amended as
follows:
(1) In subsection (b)(1), by striking ``The Secretary shall
retain jurisdiction over those portions of the building
identified as number 102 as the Secretary deems essential for
use as a visitor center. The building shall be named the
`William Penn Mott Visitor Center''' and inserting ``The Trust
shall designate a prominently placed building to be the site of
a visitor center to be operated jointly by the Trust and the
National Park Service. In selecting the site for the visitor
center, the Trust shall obtain the concurrence of the
Superintendent of the Golden Gate National Recreation Area. The
visitor center shall be named the `William Penn Mott Visitor
Center' and may be relocated by mutual consent of the Trust and
the Superintendent of the Golden Gate National Recreation
Area.''.
(2) In subsection (c)(1)(B), by inserting ``education,
program development,'' after ``real estate development,''.
(c) Duties and Authorities of the Trust.--Section 104 of division I
of the Omnibus Parks and Public Lands Management Act of 1996 is amended
as follows:
(1) In subsection (i)--
(A) by striking ``conduct'' and inserting
``provision''; and
(B) by adding at the end the following:
``Notwithstanding section 105(b), there are authorized
to be appropriated such sums as may be necessary to
carry out this paragraph.''.
(2) In subsection (n)--
(A) by striking ``general objectives of the General
Management Plan for the Presidio'' and inserting
``Presidio Trust Management Plan''; and
(B) by inserting ``, and tenants that provide high
quality public programming'' before the final period.
(3) By striking subsection (o).
(d) Limitations on Funding.--Section 105(a)(2) of division I of the
Omnibus Parks and Public Lands Management Act of 1996 is amended by
striking the following: ``Of such sums, funds shall be available
through the Trust for law enforcement activities and services to be
provided by the United States Park Police at the Presidio in accordance
with section 104(i) of this title.''.
(e) Government Accountability Office Study.--Division I of the
Omnibus Parks and Public Lands Management Act of 1996 is amended--
(1) in section 106--
(A) by striking subsection (b);
(B) by striking ``General Accounting'' each place
it appears and inserting ``Government Accountability'';
and
(C) in subsection (c)--
(i) by striking ``Seven'' and inserting
``Twelve'';
(ii) by striking ``comprehensive study''
and inserting ``study'';
(iii) by striking ``the implementation of
plan and schedule required in subsection (b)'';
and
(iv) by striking ``on Resources'' and
inserting ``on Natural Resources''; and
(2) in the table of contents, in the item for section 106,
by striking ``General Accounting'' and inserting ``Government
Accountability''.
(f) Fort Scott Advisory Task Force.--Title I of division I of the
Omnibus Parks and Public Lands Management Act of 1996 is amended by
adding at the end the following:
``SEC. 108. FORT SCOTT ADVISORY TASK FORCE.
``(a) Establishment.--There is hereby established the Fort Scott,
Presidio of San Francisco Advisory Task Force (referred to in this
section as the `Task Force').
``(b) Membership; Appointment.--The Task Force shall be composed of
up to 12 members nominated by Chairman of the Board and appointed by a
majority vote of the Board of Directors of the Presidio Trust.
``(c) Vacancy.--A vacancy on the Task Force shall be filled in the
same manner in which the original appointment was made.
``(d) Purpose; Consultation With Presidio Trust Board of
Directors.--The Task Force shall provide expertise and advice to the
Board of Directors regarding the preservation and reuse of Fort Scott.
The Task Force shall meet with the Presidio Trust Board of Directors
not less than 3 times during its term to provide such expertise and
advice on matters related to the reuse of Fort Scott as a center for
education, research, policy development, and related activities, taking
into account the Presidio Trust's statutory mandates.
``(e) Compensation and Expenses.--Members of the Task Force shall
serve without compensation, but may be reimbursed for actual and
necessary travel and subsistence expenses incurred by them in the
performance of the duties of the Task Force.
``(f) Voting.--The Task Force shall act and advise by affirmative
vote of a majority of the members thereof.
``(g) Termination Date.--The Task Force shall cease to exist 24
months after the date of its first meeting.''. | Makes technical and conforming amendments to public lands provisions relating to the Golden Gate National Recreation Area and the San Francisco Maritime National Historical Park.
Renames the Golden Gate National Recreation Area as the Golden Gate National Parks. Designates the Golden Gate National Parks as a national park to be administered by the Secretary of the Interior.
Amends the Omnibus Parks and Public Lands Management Act of 1996 to make technical amendments to provisions concerning the Presidio of San Francisco and to eliminate the requirement for reversion of lands held by the Presidio Trust to the General Services Administration (GSA).
Establishes the Fort Scott, Presidio of San Francisco Advisory Task Force to advise the Presidio Board of Directors on the preservation and reuse of Fort Scott. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Stanton and Rio Bonito Corridor
Vegetation Management Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the lands under the jurisdiction of the Secretary
surrounding Fort Stanton, New Mexico, contain historic and
natural resources that warrant special management
considerations by the Bureau of Land Management;
(2) the adjudication process for establishing grazing
preferences under the Act of June 28, 1934 (commonly known as
the ``Taylor Grazing Act'') (43 U.S.C. 315 et seq.) and other
applicable laws has not been conducted on lands acquired by the
Secretary at and near Fort Stanton, New Mexico, including lands
along the Rio Bonito in Lincoln County, New Mexico;
(3) in the management of renewable forage resources on
lands surrounding Fort Stanton, New Mexico, vegetation sales
contracts would be a beneficial tool for the Bureau of Land
Management to use to maintain and enhance the condition of the
forage and other natural resources of the area;
(4) the management of grazing animals under vegetation
sales contracts requires fiscal resources and personnel that
exceed that of the grazing preference system in place on other
public domain lands; and
(5) disputes over the legal description of lands acquired
by the Secretary along the Rio Bonito in Lincoln County, New
Mexico, make it necessary for the Bureau of Land Management to
pursue reasonable legal remedies under existing authorities to
resolve such disputes with adjacent landowners.
SEC. 3. DEFINITIONS.
(a) Fort Stanton.--The term ``Fort Stanton'' means land under the
administrative jurisdiction of the Secretary at Fort Stanton, New
Mexico, as depicted on the map entitled ``Fort Stanton and Rio Bonito
Corridor, NM'', dated May 13, 1997.
(b) Rio Bonito Corridor.--The term ``Rio Bonito Corridor'' means
land under the administrative jurisdiction of the Secretary near Fort
Stanton, New Mexico, within the area identified as the ``Rio Bonito
Corridor'', as depicted on the map entitled ``Fort Stanton and Rio
Bonito Corridor, NM'', dated May 13, 1997, which--
(1) was acquired by the Secretary before May 13, 1997; or
(2) is acquired by the Secretary (by purchase or exchange)
from willing landowners after May 13, 1997.
(c) Secretary.--The term ``Secretary'' means the Secretary of the
Interior, acting through the Director of the Bureau of Land Management.
SEC. 4. MAPS.
The maps referred to in section 3 shall be made available for
public inspection by the Bureau of Land Management at the Roswell
District Office in Roswell, New Mexico, and at the New Mexico State
Office in Santa Fe, New Mexico.
SEC. 5. MANAGEMENT OF FORT STANTON AND RIO BONITO LAND.
(a) In General.--Notwithstanding any provision of the Act of June
28, 1934 (43 U.S.C. 315 et seq.), or any other law relating to the
establishment, leasing, or permitting of grazing under a grazing
preference, the Secretary, in managing land within Fort Stanton and the
Rio Bonito Corridor that is under the jurisdiction of the Secretary,
may solicit competitive bids for and enter into vegetation sales
contracts for the purpose of using livestock grazing as a vegetation
management tool. Any such contracts entered into with respect to the
land before the date of enactment of this Act are ratified.
(b) Consistency With Land and Resource Management Plans.--
Management of Fort Stanton and the Rio Bonito Corridor shall be
consistent with any applicable land and resource management plan under
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.).
(c) Distribution and Use of Proceeds.--Of the proceeds of
vegetation sales contracts entered into under subsection (a)--
(1) 12\1/2\ percent shall be paid to the State of New
Mexico for distribution to Lincoln County, New Mexico, to be
used for purposes authorized by section 10 of the Act of June
28, 1934 (43 U.S.C. 315i);
(2) 12\1/2\ percent shall be deposited in the general fund
of the Treasury of the United States; and
(3) 75 percent shall be deposited in a special account in
the Treasury of the United States and shall be available to the
Secretary, without further Act of appropriation, for use in
managing Fort Stanton and the Rio Bonito Corridor and to
achieve the management goals and prescriptions identified in
applicable resource management plans for the Rio Bonito
acquired lands and the Fort Stanton area of critical
environmental concern, but none of the proceeds provided to the
Secretary under this paragraph shall be available for land
acquisition. | Fort Stanton and Rio Bonito Corridor Vegetation Management Act - Authorizes the Secretary of the Interior, in managing land within Fort Stanton and the Rio Bonito Corridor that is under the Secretary's jurisdiction, to solicit competitive bids for and enter into vegetation sales contracts for the purpose of using livestock grazing as a vegetation management tool. Ratifies any such contracts entered into with respect to the land before the date of this Act's enactment.
Requires management of Fort Stanton and the Rio Bonito Corridor to be consistent with any applicable land and resource management plan under the Federal Land Policy and Management Act of 1976.
Directs that, of the proceeds of such vegetation sales contracts: (1) 12.5 percent be paid to the State of New Mexico for distribution to Lincoln County, New Mexico, for purposes authorized by the Act of June 28, 1934 (Taylor Grazing Act); (2) 12.5 percent be deposited in the general fund of the Treasury; and (3) 75 percent be deposited in a special Treasury account for use in managing Fort Stanton and the Rio Bonito Corridor and to achieve the management goals and prescriptions identified in applicable resource management plans for the Rio Bonito acquired lands and the Fort Stanton area of critical environmental concern, but not for land acquisition. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Know Before You Owe Private
Education Loan Act of 2016''.
SEC. 2. AMENDMENTS TO THE TRUTH IN LENDING ACT.
(a) In General.--Section 128(e) of the Truth in Lending Act (15
U.S.C. 1638(e)) is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) Institutional certification required.--
``(A) In general.--Except as provided in
subparagraph (B), before a creditor may issue any funds
with respect to an extension of credit described in
this subsection, the creditor shall obtain from the
relevant institution of higher education where such
loan is to be used for a student, such institution's
certification of--
``(i) the enrollment status of the student;
``(ii) the student's cost of attendance at
the institution as determined by the
institution under part F of title IV of the
Higher Education Act of 1965; and
``(iii) the difference between--
``(I) such cost of attendance; and
``(II) the student's estimated
financial assistance, including such
assistance received under title IV of
the Higher Education Act of 1965 and
other financial assistance known to the
institution, as applicable.
``(B) Exception.--Notwithstanding subparagraph (A),
a creditor may issue funds with respect to an extension
of credit described in this subsection without
obtaining from the relevant institution of higher
education such institution's certification if such
institution fails to provide within 15 business days of
the creditor's request for such certification--
``(i) the requested certification; or
``(ii) notification that the institution
has received the request for certification and
will need additional time to comply with the
certification request.
``(C) Loans disbursed without certification.--If a
creditor issues funds without obtaining a
certification, as described in subparagraph (B), such
creditor shall report the issuance of such funds in a
manner determined by the Director of the Bureau of
Consumer Financial Protection.'';
(2) by redesignating paragraphs (9), (10), and (11) as
paragraphs (10), (11), and (12), respectively; and
(3) by inserting after paragraph (8) the following:
``(9) Provision of information.--
``(A) Provision of information to students.--
``(i) Loan statement.--A creditor that
issues any funds with respect to an extension
of credit described in this subsection shall
send loan statements, where such loan is to be
used for a student, to borrowers of such funds
not less than once every 3 months during the
time that such student is enrolled at an
institution of higher education.
``(ii) Contents of loan statement.--Each
statement described in clause (i) shall--
``(I) report the borrower's total
remaining debt to the creditor,
including accrued but unpaid interest
and capitalized interest;
``(II) report any debt increases
since the last statement; and
``(III) list the current interest
rate for each loan.
``(B) Notification of loans disbursed without
certification.--On or before the date a creditor issues
any funds with respect to an extension of credit
described in this subsection, the creditor shall notify
the relevant institution of higher education, in
writing, of the amount of the extension of credit and
the student on whose behalf credit is extended. The
form of such written notification shall be subject to
the regulations of the Bureau.
``(C) Annual report.--A creditor that issues funds
with respect to an extension of credit described in
this subsection shall prepare and submit an annual
report to the Bureau containing the required
information about private student loans to be
determined by the Bureau, in consultation with the
Secretary of Education.''.
(b) Definition of Private Education Loan.--Section 140(a)(7)(A) of
the Truth in Lending Act (15 U.S.C. 1650(a)(7)(A)) is amended--
(1) by redesignating clause (ii) as clause (iii);
(2) in clause (i), by striking ``and'' after the semicolon;
and
(3) by adding after clause (i) the following:
``(ii) is not made, insured, or guaranteed
under title VII or title VIII of the Public
Health Service Act (42 U.S.C. 292 et seq. and
296 et seq.); and''.
(c) Regulations.--Not later than 365 days after the date of
enactment of this Act, the Bureau of Consumer Financial Protection
shall issue regulations in final form to implement paragraphs (3) and
(9) of section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)),
as amended by subsection (a). Such regulations shall become effective
not later than 6 months after their date of issuance.
SEC. 3. AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965.
(a) Amendment to the Higher Education Act of 1965.--Section 487(a)
of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by
striking paragraph (28) and inserting the following:
``(28)(A) The institution shall--
``(i) upon the request of a private educational
lender, acting in connection with an application
initiated by a borrower for a private education loan in
accordance with section 128(e)(3) of the Truth in
Lending Act, provide certification to such private
educational lender--
``(I) that the student who initiated the
application for the private education loan, or
on whose behalf the application was initiated,
is enrolled or is scheduled to enroll at the
institution;
``(II) of such student's cost of attendance
at the institution as determined under part F
of this title; and
``(III) of the difference between--
``(aa) the cost of attendance at
the institution; and
``(bb) the student's estimated
financial assistance received under
this title and other assistance known
to the institution, as applicable; and
``(ii) provide the certification described in
clause (i), or notify the creditor that the institution
has received the request for certification and will
need additional time to comply with the certification
request--
``(I) within 15 business days of receipt of
such certification request; and
``(II) only after the institution has
completed the activities described in
subparagraph (B).
``(B) The institution shall, upon receipt of a
certification request described in subparagraph (A)(i), and
prior to providing such certification--
``(i) determine whether the student who initiated
the application for the private education loan, or on
whose behalf the application was initiated, has applied
for and exhausted the Federal financial assistance
available to such student under this title and inform
the student accordingly; and
``(ii) provide the borrower whose loan application
has prompted the certification request by a private
education lender, as described in subparagraph (A)(i),
with the following information and disclosures:
``(I) The amount of additional Federal
student assistance for which the borrower is
eligible and the potential advantages of
Federal loans under this title, including
disclosure of the fixed interest rates,
deferments, flexible repayment options, loan
forgiveness programs, and additional
protections, and the higher student loan limits
for dependent students whose parents are not
eligible for a Federal Direct PLUS Loan.
``(II) The borrower's ability to select a
private educational lender of the borrower's
choice.
``(III) The impact of a proposed private
education loan on the borrower's potential
eligibility for other financial assistance,
including Federal financial assistance under
this title.
``(IV) The borrower's right to accept or
reject a private education loan within the 30-
day period following a private educational
lender's approval of a borrower's application
and about a borrower's 3-day right to cancel
period.
``(C) For purposes of this paragraph, the terms `private
educational lender' and `private education loan' have the
meanings given such terms in section 140 of the Truth in
Lending Act (15 U.S.C. 1650).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the effective date of the regulations described in
section 2(c).
SEC. 4. REPORT.
Not later than 24 months after the issuance of regulations under
section 2(c), the Director of the Bureau of Consumer Financial
Protection and the Secretary of Education shall jointly submit to
Congress a report on the compliance of institutions of higher education
and private educational lenders with section 128(e)(3) of the Truth in
Lending Act (15 U.S.C. 1638(e)), as amended by section 2, and section
487(a)(28) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)), as
amended by section 3. Such report shall include information about the
degree to which specific institutions utilize certifications in
effectively encouraging the exhaustion of Federal student loan
eligibility and lowering student private education loan debt. | Know Before You Owe Private Student Loan Act of 2016 This bill amends the Truth in Lending Act to revise requirements for disclosures in private education loan applications. Before issuing a private education loan for a student attending an institution of higher education (IHE), lenders must obtain the IHE's certification of the student's enrollment status, the student's cost of attendance, and the difference between that cost and the student's estimated financial assistance. Lenders must: (1) send loan statements to borrowers at least once every three months a student is enrolled at an IHE, (2) notify the relevant IHE of the loan amount and the student to whom it applies no later than the date funds are issued, and (3) submit an annual report to the Consumer Financial Protection Bureau (CFPB) containing information the CFPB requires concerning private student loans. This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 by requiring IHEs, before providing lenders with certifications, to determine whether students have exhausted their options for title IV assistance and notify borrowers of: (1) the availability of federal financial aid assistance, (2) their ability to choose their own private educational lender, (3) the impact of the proposed private education loan on their eligibility for other financial assistance, and (4) their right to accept or reject a private education loan within 30 days of the lender's approval of their application and to cancel the loan within 3 business days of its consummation. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited CARD Reform for Consumers
Act of 2009''.
SEC. 2. EARLIER EFFECTIVE DATE FOR CREDIT CARD PROVISIONS OF THE CREDIT
CARD ACT OF 2009.
Section 3 of the Credit Card Accountability Responsibility and
Disclosure Act of 2009 (15 U.S.C. 1602 note) is amended--
(1) by striking ``This Act'' and inserting ``(a) In
General.--This Act''; and
(2) by adding at the end the following new subsections:
``(b) Certain Credit Card Provisions.--Except as otherwise
specifically provided in this Act, titles I, II, and III, and the
amendments made by such titles, shall take effect on the date of the
enactment of the Expedited CARD Reform for Consumers Act of 2009.
``(c) Certain Credit Card Issuers.--Except as otherwise
specifically provided in this Act and notwithstanding subsection (b),
the effective date established under subsection (a) shall apply with
respect to the application of titles I, II, and III, and the amendments
made by such titles, to any credit card issuer which is a depository
institution (as defined in section 19(b)(1)(A) of the Federal Reserve
Act) with fewer than 2,000,000 credit cards in circulation as of the
date of the enactment of this Act.''.
SEC. 3. EARLIER EFFECTIVE DATES FOR SPECIFIC PROVISIONS TO PREVENT
FURTHER ABUSES.
(a) Review of Past Consumer Interest Rate Increases.--Section
148(d) of the Truth in Lending Act (15 U.S.C. 1665c(d)) (as added by
section 101(c) of the Credit Card Accountability Responsibility and
Disclosure Act of 2009) is amended--
(1) by striking ``9 months after the date of enactment of
this section'' and inserting ``the date of the enactment of the
Expedited CARD Reform for Consumers Act of 2009, except that
for a depository institution, as defined in section 19(b)(1)(A)
of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer
than 2 million credit cards in circulation on the date of the
enactment of the Expedited CARD Reform for Consumers Act of
2009, the effective date shall be February 22, 2010,''; and
(2) by striking ``become effective 15 months after that
date of enactment'' and inserting ``take effect on the date of
the enactment of the Expedited CARD Reform for Consumers Act of
2009, except that for a depository institution, as defined in
section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C.
461(b)(1)(A)), with fewer than 2 million credit cards in
circulation on the date of the enactment of the Expedited CARD
Reform for Consumers Act of 2009, the effective date shall be
August 22, 2010''.
(b) Requirement That Penalty Fees Be Reasonable and Proportional to
the Violation.--Section 149(b) of the Truth in Lending Act (15 U.S.C.
1665d(b)) (as added by section 102(b) of the Credit Card Accountability
Responsibility and Disclosure Act of 2009) is amended--
(1) by striking ``9 months after the date of enactment of
this section,'' and inserting ``the date of the enactment of
the Expedited CARD Reform for Consumers Act of 2009, except
that for a depository institution, as defined in section
19(b)(1)(A) of the Federal Reserve Act (12 U.S.C.
461(b)(1)(A)), with fewer than 2 million credit cards in
circulation on the date of the enactment of the Expedited CARD
Reform for Consumers Act of 2009, the effective date shall be
February 22, 2010,''; and
(2) by striking ``become effective 15 months after the date
of enactment of the section'' and inserting ``take effect on
the date of the enactment of the Expedited CARD Reform for
Consumers Act of 2009, except that for a depository
institution, as defined in section 19(b)(1)(A) of the Federal
Reserve Act (12 U.S.C. 461(b)(1)(A)), with fewer than 2 million
credit cards in circulation on the date of the enactment of the
Expedited CARD Reform for Consumers Act of 2009, the effective
date shall be August 22, 2010''.
SEC. 4. CLARIFICATION THAT 45-DAY DELAY DOES NOT APPLY TO REDUCTIONS IN
INTEREST RATES AND FEES.
Subsection (i) of section 127 of the Truth in Lending Act (15
U.S.C. 1637) (as added by section 101(a)(1) of the Credit CARD Act of
2009) is amended by adding at the end the following new paragraph:
``(5) Clarification.--No provision of this subsection shall
be construed as preventing any creditor from putting any
reduction in an annual percentage rate, any decrease or
elimination of any fee imposed on any consumer, or any
significant change in terms solely or primarily for the benefit
of the consumer into effect immediately.''.
SEC. 5. MORATORIUM ON INCREASES IN RATES AND FEES AND CHANGES IN TERMS
TO THE DETRIMENT OF THE CONSUMER.
Notwithstanding any other provision of this Act or any amendment
made by this Act, subsection (b) of section 164 of the Truth in Lending
Act (as added by section 104(4) of the Credit Card Accountability
Responsibility and Disclosure Act of 2009 (Public Law 111-24)) shall
not take effect until February 22, 2010, for any creditor with respect
to an existing credit card account under an open end credit plan, or
such a plan issued on or after the date of enactment, as long as the
creditor does not--
(1) increase any annual percentage rate, fee, or finance
charge applicable to any existing or future balance, except as
permitted under subsection 171(b) of the Truth in Lending Act
(as added by Public Law 111-24); or
(2) change the terms to the detriment of a consumer,
including terms governing the repayment of any outstanding
balance, except as provided in section 171(c) of the Truth in
Lending Act (as added by Public Law 111-24).
SEC. 6. ADDITIONAL LIMITATIONS ESTABLISHED.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting after subsection (r) (as added by the Credit CARD Act of
2009) the following new subsection:
``(s) Cancellation of Account Without Detrimental Effect.--If, in
the case of a credit card account under an open end consumer credit
plan, the consumer receives notice of the imposition of a new fee, and
within the 45-day period beginning on receipt of such notice, pays off
any outstanding balance on the account, no creditor and no consumer
reporting agency (as defined in section 603) may use such pay off or
closure of the consumer credit account to negatively impact the
consumer's credit score or consumer report (as such terms are defined
in sections 609 and 603, respectively).''.
SEC. 7. MORATORIUM ON RATE INCREASES.
(a) In General.--During the period beginning on the date of the
enactment of this Act and ending 9 months after the date of the
enactment of the Credit Card Accountability Responsibility and
Disclosure Act of 2009, in the case of any credit card account under an
open end consumer credit plan--
(1) no creditor may increase any annual percentage rate,
fee, or finance charge applicable to any outstanding balance,
except as permitted under subsection 171(b) of the Truth in
Lending Act (as added by Public Law 111-24); and
(2) no creditor may change the terms governing the
repayment of any outstanding balance, except as set forth in
section 171(c) of the Truth in Lending Act (as added by Public
Law 111-24).
(b) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Annual percentage rate.--The term ``annual percentage
rate'' means an annual percentage rate, as determined under
section 107 of the Truth in Lending Act (15 U.S.C. 1606).
(2) Finance charge.--The term ``finance charge'' means a
finance charge, as determined under section 106 of the Truth in
Lending Act (15 U.S.C. 1605).
(3) Outstanding balance.--The term ``outstanding balance''
has the same meaning as in section 171(d) of the Truth in
Lending Act (as added by Public Law 111-24).
(4) Other terms.--Any term used in this section that is
defined in section 103 of the Truth in Lending Act (15 U.S.C.
1602) and is not otherwise defined in this section shall have
the same meanings as in section 103 of the Truth in Lending
Act.
(c) Regulatory Authority.--
(1) In general.--The Board of Governors of the Federal
Reserve System may prescribe such regulations as may be
necessary to carry out this section.
(2) Effective date.--The provisions of this section shall
take effect upon the date of the enactment of this title,
regardless of whether rules are issued under subsection (a).
Passed the House of Representatives November 4, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Expedited CARD Reform for Consumers Act of 2009 - (Sec. 2) Amends the Credit Card Accountability Responsibility and Disclosure Act of 2009 (Credit CARD Act of 2009) to: (1) make Title I: Consumer Protection, Title II: Enhanced Consumer Disclosures, and Title III: Protection of Young Consumers effective as of the date of enactment of this Act; and (2) make February 22, 2010, the effective date of such titles for a depository institution with fewer than two million credit cards in circulation on the date of the enactment of the Credit CARD Act of 2009.
(Sec. 3) Amends the Truth in Lending Act (TILA) to make conforming amendments with respect to review of past consumer interest rate increases.
Amends TILA to move to the date of enactment of this Act: (1) the deadline by which the Board of Governors of the Federal Reserve System (Board) must issue final implementing rules for required creditor reviews of changes in factors considered in past consumer annual percentage interest rate (APR) increases when determining whether to reduce the APR; and (2) the effective date of the creditor review requirement. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the creditor review requirement governing a depository institution that has fewer than two million credit cards in circulation on the date of the enactment of this Act.
Declares the date of enactment of this Act: (1) the effective date of the requirement that any penalty fee or charge that a credit card issuer may impose, including a late payment fee, over-the-limit fee, or any other penalty fee or charge, be reasonable and proportional to the omission or violation to which it relates; and (2) the deadline for the Board to issue final implementing rules establishing standards for assessing whether any such penalty fee or charge is reasonable and proportional. But makes February 22, 2010, the rules deadline, and August 22, 2010, the effective date of the reasonable and proportional requirement itself, with respect to a depository institution with fewer than two million credit cards in circulation on the date of the enactment of this Act.
(Sec. 4) States that TILA does not prevent a creditor from putting into effect immediately: (1) any reduction in APR; (2) elimination or reduction of any fee imposed on a consumer; or (3) any significant change in terms for the benefit of the consumer.
(Sec. 5) Defers until February 22, 2010, the effective date of the new requirement under the Act that a credit card issuer must apply amounts in excess of the minimum payment amount first to the card balance bearing the highest rate of interest. Conditions this moratorium, however, on the creditor's refraining from: (1) increasing any APR, or fees or finance charges applicable to any existing or future balance (other than as provided in TILA); or (2) changing the account terms to the detriment of a consumer, including repayment of any outstanding balance (other than as provided in TILA).
(Sec. 6) Amends TILA to prohibit either a creditor or a consumer reporting agency from using the pay off or closure of a consumer credit card account under an open end consumer credit plan to negatively impact the consumer's credit score or consumer report when the consumer pays off an outstanding account balance within 45 days after receiving notice of the imposition of a new fee.
(Sec. 7) Imposes a limited moratorium on APR, fee, and finance charge increases, beginning on the date of enactment of this Act. Prohibits a creditor, during the moratorium period, from: (1) increasing any APR, fee, or finance charge applicable to any outstanding balance of a credit card account under an open end consumer credit plan; or (2) changing the repayment terms of an outstanding balance (except as permitted under TILA). Ends such moratorium nine months (February 22, 2010) after the date of enactment of the Credit Card Accountability Responsibility and Disclosure Act of 2009 (May 22, 2009). | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revised Statutes 2477 Rights-of-Way
Settlement Act''.
SEC. 2. NOTICE OF RIGHTS-OF-WAY ACROSS PUBLIC LANDS GRANTED UNDER
REVISED STATUES SECTION 2477.
(a) Notice of RS 2477 Right-of-Way.--Any State, political
subdivision thereof, or other holder of a right-of-way across public
lands which was granted under section 2477 of the Revised Statutes
before the enactment of the Federal Land Policy and Management Act of
1976, or any person who uses or could use the right-of-way for passage
across such lands to access property in which such person has an
interest, may file with the appropriate Secretary of the Department
concerned (hereafter in this Act referred to as the ``Secretary'') a
notice of the right-of-way. The notice shall be filed within 10 years
after the date of the enactment of this Act, shall identify the State
or political subdivision thereof through which the right-of-way passes,
and shall contain a map and a general description of the route,
termini, and scope of the right-of-way.
(b) Recognition of or Objection to Right-of-Way by the Secretary.--
(1) In general.--Not later than two years after the date on
which notice is filed with the Secretary under subsection (a),
the Secretary shall notify the holder, or other party giving
notice, of the recognition or objections of the Secretary of
the right-of-way or any portion thereof. In considering any
right-of-way notice filed under subsection (a), the Secretary
shall recognize any right-of-way which was accepted or
established in accordance with the laws of the State where the
right-of-way is located or by an affirmative act of a State or
political subdivision thereof indicating acceptance of the
grant.
(2) Recognition.--To the extent the Secretary accepts the
right-of-way, the provisions of section 4 shall apply.
(3) Objections.--If the Secretary objects to the right-of-
way as presented under subsection (a), the Secretary shall
specifically state the Secretary's objections to the existence,
identity of the holder, route, or scope of the right-of-way, or
portion thereof, and shall provide the factual and legal basis
for each objection.
(4) Effect of failure to object.--If the Secretary does not
object within the two-year period required by this subsection,
the right-of-way shall be deemed to be valid as it was
presented to the Secretary under subsection (a).
SEC. 3. JUDICIAL REVIEW.
(a) Quiet Title Action Relating to Objections.--Not later than two
years after the date on which
the Secretary notifies a holder under section 2(b) of objections to a
right-of-way, or portion thereof, the Secretary may bring an action
based on those objections in a United States district court in which
the right-of-way or a portion thereof is located to challenge the
validity of the right-of-way or portion thereof.
(b) Burden of Proof.--In any action brought pursuant to subsection
(a), the United States shall bear the burden of proof on all issues,
including (but not limited to) proving that--
(1) the right-of-way was not a public right-of-way;
(2) the right-of-way was not accepted or established in
accordance with the laws of the State where the right-of-way is
located or by an affirmative act of a State or political
subdivision thereof indicating acceptance of the grant;
(3) the land on which the right-of-way is located was
reserved for public use at the time of acceptance of the right-
of-way; and
(4) the scope of the right-of-way identified in the notice
of right-of-way exceeds that permitted under State law.
(c) Failure To Bring Action.--If the Secretary does not bring such
an action within the two-year period required by this subsection, the
right-of-way shall be deemed to be valid in the form presented under
section 2(a).
(d) Standing.--Standing to challenge an action of the Secretary
under this Act relating to the existence, description, route, or scope
of a right-of-way shall be limited to a party with a claim of a
property interest in or to the right-of-way or in lands served thereby.
SEC. 4. MANAGEMENT OF LANDS.
A right-of-way accepted or deemed to be accepted under this Act is
valid. The Secretary shall record the right-of-way in the land records
and on maps of the Secretary and shall manage the lands subject to the
right-of-way accordingly.
SEC. 5. MISCELLANEOUS PROVISIONS.
(a) Quiet Title Action.--Nothing in this Act shall be construed to
prevent the holder of a right-of-way described in section 2 from
bringing an action at any time to quiet title with respect to such
right-of-way under section 2409a of title 28, United States Code, nor
shall any proceedings taken pursuant to this Act be deemed a
prerequisite to filing any such action. Such action may be brought
within the later of--
(1) 12 years from the date of notice of objection from the
Secretary under section 2(b)(1); or
(2) the termination of the limitations period under section
2409a of title 28, United States Code.
(b) Relinquishment Not Required.--Nothing in this Act shall be
construed to require a relinquishment of a right-of-way granted under
section 2477 of the Revised Statutes. A failure to file the notice
provided for under section 2(a) does not constitute a relinquishment of
any such right-of-way.
(c) Application of State Law.--Nothing in this Act shall be
construed to limit the application of State law in determining the
validity of rights-of-way granted under section 2477 of the Revised
Statutes. In every proceeding the law of the State where the right-of-
way is located shall determine the scope of the right-of-way. The
published regulations of the Department of the Interior pertaining to
section 2477 of the Revised Statutes which were in effect until the
date of enactment of the Federal Land Policy and Management Act of 1976
shall be binding on the Secretary in all such proceedings.
(d) NEPA.--The National Environmental Policy Act of 1969 shall not
apply with respect to actions taken to carry out this Act.
(e) Road Closures.--The Secretary shall not close any right-of-way
granted under section 2477 of the Revised Statutes which was in use
prior to October 21, 1976, until one year after providing notice to the
State and any political subdivision thereof with jurisdiction over
highways in that location which describes the right-of-way and the
purpose of the intended closure. In no event shall the Secretary close
any such right-of-way if closure would leave any non-Federal lands
adjoining the right-of-way without an established public or private
access. | Revised Statutes 2477 Rights-of-Way Settlement Act - Authorizes any State, political subdivision thereof, or other holder of a right-of-way across public lands that was granted under section 2477 of the Revised Statutes before the enactment of the Federal Land Policy and Management Act of 1976, or any person who uses or could use the right-of-way for passage across such lands to access property in which such person has an interest, to file with the appropriate Secretary of the Department concerned a notice of the right-of-way.
Directs the Secretary to notify the holder (or other party giving notice) of the recognition or objections of the Secretary to the right-of-way or any portion thereof within two years or the right-of-way shall be deemed to be valid. Allows the Secretary to bring an action to challenge the validity of the right-of-way in a U.S. district court within two years after notifying a holder of objections or the right-of-way shall be deemed to be valid. Permits a holder to bring an action to quiet title with respect to such a right-of-way within the later of: (1) 12 years from the date of notice of objection from the Secretary; or (2) the termination of the limitations period applicable under the Federal judicial code.
Prohibits the Secretary from closing any right-of-way in use before October 21, 1976: (1) until one year after providing notice to the appropriate State or subdivision; or (2) if closure would leave any adjoining non-Federal lands without an established public or private access. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing America's Facilities,
Equipment and Rail: Taking Responsibility for American National
Security in Transit Act'' or the ``SAFER TRANSIT Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Nationwide, Americans rely on 6,800 public
transportation systems for their daily commute. Every weekday,
public transportation riders take 35,000,000 trips. Public
transportation significantly improves quality of life, saving
Americans who live in areas served by public transportation
systems nearly 865,000,000 hours in travel time annually.
(2) Increasingly, public transportation is becoming a
target of terrorist activity.
(3) In 2004, terrorists simultaneously detonated explosives
concealed inside backpacks on Madrid's commuter train system,
killing 191 and injuring nearly 2,000.
(4) In 2005, four suicide bombers attacked London's public
transportation system, killing 52.
(5) In 2011, authorities discovered an improvised
explosives device near Amtrak and commuter train tracks. The
same year, German police found multiple firebombs alongside
high speed rail tracks and in tunnels leading into train
stations.
(6) On March 22, 2016, a coordinated terrorist attack
targeted both the Brussels Airport and a metro station in the
city killing 32 and injuring nearly 300 travelers.
(7) According to the Global Terrorism Database, there were
57 terror attacks on transportation from 2006 to 2014.
(8) To ensure the continued effectiveness of public
transportation, the Federal Government must balance transit
system security and accessibility.
(9) The Implementing Recommendations of the 9/11 Commission
Act of 2007 (Public Law 110-53), conferred to the Department of
Homeland Security the responsibility for assuring public
transportation security.
(10) A May 2016 report by the Inspector General of the
Department of Homeland Security found that the Transportation
Security Administration has limited regulatory oversight of
Amtrak's passenger security.
(11) A May 2016 report by the Government Accountability
Office recommended that the Federal Air Marshal Service
undertake a number of measures to ensure resources are
allocated according to risk assessments.
(12) Congress must provide the agencies and municipalities
with the necessary resources to combat terrorism, and continue
to conduct oversight of their effective use.
SEC. 3. RAIL SECURITY.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Homeland Security, in coordination with the Office of
Management and Budget, shall submit to Congress a report on the plan of
the Secretary to expedite the implementation of the requirements of
subtitle B of title XV of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1161 et seq.) to--
(1) assign rail carriers to high-risk tiers; and
(2) establish a rail security training program.
SEC. 4. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS.
(a) Authorization of Appropriations.--Section 1303(b) of the
Implementing Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1112) is
amended by striking ``fiscal years 2007 through 2011'' and inserting
``fiscal years 2016 through 2020''.
(b) Surface Transportation Security Inspectors.--Section 1304(j) of
the Implementing Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1113) is amended by striking ``this
section'' and all that follows and inserting ``this section such sums
as may be necessary for each of fiscal years 2016 through 2020.''.
SEC. 5. PUBLIC TRANSPORTATION SECURITY RESEARCH AND DEVELOPMENT.
Section 1409(h) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1138) is amended by
striking ``to make grants'' and all that follows and inserting ``to
carry out this section such sums as may be necessary for each of fiscal
years 2016 through 2020.''.
SEC. 6. RAILROAD SECURITY.
Section 1513(i)(1) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1163) is amended by
striking ``Out of funds'' and all that follows and inserting: ``There
are authorized to be appropriated to the Secretary to carry out this
section such sums as necessary for fiscal years 2016 through 2020.''.
SEC. 7. OVER-THE-ROAD BUS SECURITY ASSISTANCE.
Section 1532(k)(1) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1182) is amended by
striking ``From amounts'' and all that follows and inserting ``There
are authorized to be appropriated to the Secretary to carry out this
section such sums as necessary for fiscal years 2016 through 2020.''.
SEC. 8. PUBLIC TRANSIT SECURITY POLICE TRAINING PROGRAM.
(a) In General.--The Secretary of Homeland Security shall develop a
program, to be known as the ``Local Transit Security Instructor
Training Program'', which shall be carried out at the Federal Law
Enforcement Training Centers.
(b) Contents.--The program developed under subsection (a) shall be
an intensive training program designed to--
(1) cover the comprehensive tactical subject matters
pertaining to the unique nature of public transit operational
environments and threats;
(2) provide high-quality training and instill the
knowledge, skills, and aptitudes needed for the highest
proficiency in transit security; and
(3) leverage the existing skills of trainee officers by
emphasizing leadership, teach backs, and adult learning as well
as the traditional technical skills needed by field training
officers.
(c) Availability.--The Secretary shall make such program available
to law enforcement agencies that are eligible for the Homeland Security
Grant Program under section 2002 of the Homeland Security Act of 2002
(6 U.S.C. 603) and have jurisdiction over a geographic area where a
public transit system operates rail or bus service.
SEC. 9. EFFECTIVENESS OF FEDERAL AIR MARSHAL PROGRAM.
The Secretary of Homeland Security shall take such steps as may be
necessary to ensure that the Federal Air Marshal Service (hereinafter
in this section referred to as the ``FAMS'') uses its resources to
cover the highest-risk flights. In carrying out this section, the
Secretary shall--
(1) consider risk when determining how to divide the
international flight coverage resources of the FAMS among
international destinations, incorporate risk into the method of
the FAMS for initially setting its annual target numbers of
average daily international and domestic flights;
(2) conduct and document a risk assessment to further
support the domestic resource allocation decisions of the FAMS,
including the identification of high-priority geographic areas;
(3) in conducting such risk assessment, evaluate the threat
environment with regard to each of the different modes of
transportation supported by the FAMS to inform resource
allocation decisions, including the identification of high-
priority modes of transportation;
(4) document the rationale for the selection of
international destinations by FAMS for air marshal deployment
and the proportion of flights to cover at each destination;
(5) adopt a consistent name and definition for the
performance measure referred to as the TSA coverage score that
accurately reflects its calculation method and composite
nature; and
(6) report the performance results for each of the
subcategories that comprise the TSA coverage score to FAMS and
TSA leadership. | Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security in Transit Act or the SAFER TRANSIT Act This bill amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to reauthorize through FY2020 the Visible Intermodal Prevention and Response (VIPR) program and other specified activities related to public transportation security. (Authorization for the VIPR program expired after FY2011.) The Department of Homeland Security must: (1) develop a Local Transit Security Instructor Training Program, and (2) take steps necessary to ensure that the Federal Air Marshal Service uses its resources to cover the highest-risk flights. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biennial Appropriations Act''.
SEC. 2. REVISION OF TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631)
is amended to read as follows:
``timetable
``Sec. 300. (a) Timetable.--
``(1) In general.--The timetable with respect to the
congressional budget process for any fiscal year is as follows:
``On or before: Action to be completed:
First Monday in February................ President submits his or her budget.
February 15............................. Congressional Budget Office submits report to Budget Committees.
Not later than 6 weeks after President Committees submit views and estimates to Budget Committees.
submits budget.
April 1................................. Budget Committees report concurrent resolution on the budget.
April 15................................ Congress completes action on concurrent resolution on the budget.
May 15.................................. Biennial appropriation bills and the defense appropriation bill may be
considered in the House as provided in subsection (b).
June 10................................. House Appropriations Committee reports last appropriation bill to be
considered that year as provided in subsection (b).
June 15................................. Congress completes action on reconciliation legislation.
June 30................................. House completes action on biennial appropriation bills to be
considered that year, as provided in subsection (b), and the defense
appropriation bill.
August 1................................ Congress completes action on biennial appropriation bills to be
considered that year, as provided in subsection (b), and the defense
appropriation bill.
October 1............................... Fiscal year begins.
``(2) Special rule.--In the case of any first session of
Congress that begins in any year immediately following a leap
year and during which the term of a President (except a
President who succeeds himself or herself) begins, the
following dates shall supersede those set forth in paragraph
(1):
``On or before: Action to be completed:
First Monday in April................... President submits his or her budget.
April 15................................ Congressional Budget Office submits report to Budget Committees.
April 20................................ Committees submit views and estimates to Budget Committees.
May 15.................................. Budget Committees report concurrent resolution on the budget.
June 1.................................. Congress completes action on concurrent resolution on the budget.
July 1.................................. Biennial appropriation bills and the defense appropriation bill may be
considered in the House as provided in subsection (b).
July 20................................. House completes action on biennial appropriation bills to be
considered that year, as provided in subsection (b), and the defense
appropriation bill.
August 1................................ Congress completes action on biennial appropriation bills to be
considered that year, as provided in subsection (b), the defense
appropriation bill, and reconciliation legislation.
October 1............................... Fiscal year begins.
``(b) Biennial Appropriation Bills and Defense Appropriation
Bill.--Appropriation bills shall be enacted as follows:
``(1) Odd-numbered years.--In odd-numbered years Congress
shall consider pursuant to the budget process under this title
and enact--
``(A) an annual defense appropriation bill; and
``(B) biennial appropriation bills for--
``(i) Financial Services;
``(ii) Transportation, Housing and Urban
Development;
``(iii) Interior, Environment;
``(iv) Labor, Health and Human Services,
Education; and
``(v) Military Construction, Veterans
Affairs.
``(2) Even-numbered years.--In even-numbered years Congress
shall consider pursuant to the budget process in this title and
enact--
``(A) an annual defense appropriation bill; and
``(B) biennial appropriation bills for--
``(i) Agriculture;
``(ii) Commerce, Justice, Science;
``(iii) Energy and Water;
``(iv) Homeland Security;
``(v) Legislative Branch; and
``(vi) State-Foreign Operations.''.
SEC. 3. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL
ACT OF 1974.
(a) Definitions.--Section 3 of the Congressional Budget Act of 1974
(2 U.S.C. 622) is amended by adding at the end the following:
``(12) The term `biennium' means the period of 2
consecutive fiscal years beginning on October 1.''.
(b) Committee Allocations.--Section 302 of the Congressional Budget
Act of 1974 (2 U.S.C. 633) is amended--
(1) in subsection (a)(1), in the matter preceding
subparagraph (A)--
(A) by inserting ``and for appropriations for each
fiscal year in the biennium and for the first fiscal
year of the resolution for defense,'' after ``for the
first fiscal year of the resolution,'';
(B) by striking ``for that period of fiscal years''
and inserting ``for all fiscal years covered by the
resolution''; and
(C) by inserting ``for defense and for each fiscal
year in the biennium'' after ``for the fiscal year of
that resolution'';
(2) in subsection (b), by inserting ``for defense and the
biennium'' after ``budget year''; and
(3) in subsection (f)(2)(A)--
(A) by striking ``the first fiscal year'' and
inserting ``each fiscal year of the biennium''; and
(B) by striking ``the total of fiscal years'' and
inserting ``the total of all fiscal years covered by
the resolution''.
SEC. 4. AMENDMENTS TO TITLE 31, UNITED STATES CODE.
(a) Definition.--Section 1101 of title 31, United States Code, is
amended by adding at the end thereof the following:
``(3) `biennium' has the meaning given to such term in
section 3(12) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 622(12)).''.
(b) Budget Contents and Submission to the Congress.--
(1) Expenditures.--Section 1105(a)(5) of title 31, United
States Code, is amended by striking ``the fiscal year for which
the budget is submitted and the 4 fiscal years after that
year'' and inserting ``each fiscal year in the biennium for
which the budget is submitted and in the succeeding 4 fiscal
years''.
(2) Receipts.--Section 1105(a)(6) of title 31, United
States Code, is amended by striking ``the fiscal year for which
the budget is submitted and the 4 fiscal years after that
year'' and inserting ``each fiscal year in the biennium for
which the budget is submitted and in the succeeding 4 years''.
(3) Balance statements.--Section 1105(a)(9)(C) of title 31,
United States Code, is amended by striking ``the fiscal year''
and inserting ``each fiscal year in the biennium''.
(4) Functions and activities.--Section 1105(a)(12)(A) of
title 31, United States Code, is amended by striking ``the
fiscal year'' and inserting ``each fiscal year in the
biennium''.
(5) Allowances.--Section 1105(a)(13) of title 31, United
States Code, is amended by striking ``the fiscal year'' and
inserting ``each fiscal year in the biennium''.
(6) Allowances for uncontrolled expenditures.--Section
1105(a)(14) of title 31, United States Code, is amended by
striking ``that year'' and inserting ``each fiscal year in the
biennium for which the budget is submitted''.
(7) Tax expenditures.--Section 1105(a)(16) of title 31,
United States Code, is amended by striking ``the fiscal year''
and inserting ``each fiscal year in the biennium''.
(8) Future years.--Section 1105(a)(17) of title 31, United
States Code, is amended--
(A) by striking ``the fiscal year following the
fiscal year'' and inserting ``each fiscal year in the
biennium following the biennium'';
(B) by striking ``that following fiscal year'' and
inserting ``each such fiscal year''; and
(C) by striking ``fiscal year before the fiscal
year'' and inserting ``biennium before the biennium''.
(9) Prior year outlays.--Section 1105(a)(18) of title 31,
United States Code, is amended--
(A) by striking ``the prior fiscal year'' and
inserting ``each of the 2 most recently completed
fiscal years,'';
(B) by striking ``for that year'' and inserting
``with respect to those fiscal years''; and
(C) by striking ``in that year'' and inserting ``in
those fiscal years''.
(10) Prior year receipts.--Section 1105(a)(19) of title 31,
United States Code, is amended--
(A) by striking ``the prior fiscal year'' and
inserting ``each of the 2 most recently completed
fiscal years'';
(B) by striking ``for that year'' and inserting
``with respect to those fiscal years''; and
(C) by striking ``in that year'' each place it
appears and inserting ``in those fiscal years''.
(c) Estimated Expenditures of Legislative and Judicial Branches.--
Section 1105(b) of title 31, United States Code, is amended by striking
``each year'' and inserting ``each even-numbered year''.
(d) Recommendations To Meet Estimated Deficiencies.--Section
1105(c) of title 31, United States Code, is amended--
(1) by striking ``the fiscal year for'' the first place it
appears and inserting ``each fiscal year in the biennium for'';
(2) by striking ``the fiscal year for'' the second place it
appears and inserting ``each fiscal year of the biennium, as
the case may be, for''; and
(3) by striking ``for that year'' and inserting ``for each
fiscal year of the biennium''.
(e) Capital Investment Analysis.--Section 1105(e)(1) of title 31,
United States Code, is amended by striking ``ensuing fiscal year'' and
inserting ``biennium to which such budget relates''.
SEC. 5. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF APPROPRIATIONS
ACTS.
(a) In General.--Section 105 of title 1, United States Code, is
amended to read as follows:
``Sec. 105. Title and style of appropriations Acts
``(a) In General.--
``(1) Nondefense.--Except as provided in paragraph (2), the
style and title of all Acts making appropriations for the
support of the Government shall be as follows: `An Act making
appropriations (here insert the object) for each fiscal year in
the biennium of fiscal years (here insert the fiscal years of
the biennium).'.
``(2) Defense.--The style and title of Acts making
appropriations for the support of defense shall be as follows:
`An Act making appropriations for defense for fiscal year (here
insert the fiscal year).'.
``(3) Amounts.--All Acts making regular appropriations for
the support of the Government shall specify the amount of
appropriations provided for each fiscal year in such period.
``(b) Definitions.--In this section--
``(1) the term `biennium' has the same meaning as in
section 3(12) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 622(12)); and
``(2) Acts described in subsection (a)(1) shall be
considered as provided in section 300(b) of the Congressional
Budget Act of 1974 (2 U.S.C. 631(b)).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 2 of title 1, United States Code, is amended by striking the
item relating to section 105 and inserting the following:
``105. Title and style of appropriations Acts.''.
SEC. 6. MULTIYEAR AUTHORIZATIONS.
(a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following:
``authorizations of appropriations
``Sec. 316. (a) Point of Order.--It shall not be in order in the
House of Representatives or the Senate to consider--
``(1) any bill, joint resolution, amendment, motion, or
conference report that authorizes appropriations for a period
of less than 2 fiscal years, unless the program, project, or
activity for which the appropriations are authorized will
require no further appropriations and will be completed or
terminated after the appropriations have been expended; and
``(2) for any year, any authorization or revenue bill or
joint resolution until Congress completes action on the budget
resolution, all appropriations bills to be considered during
the year under section 300(b), and all reconciliation bills.
``(b) Applicability.--In the Senate, subsection (a) shall not apply
to--
``(1) defense;
``(2) any measure that is privileged for consideration
pursuant to a rule or statute;
``(3) any matter considered in Executive Session; or
``(4) an appropriations measure or reconciliation bill.''.
(b) Amendment to Table of Contents.--The table of contents set
forth in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by adding after the item relating to
section 315 the following:
``Sec. 316. Authorizations of appropriations.''.
SEC. 7. CONGRESSIONAL OVERSIGHT.
(a) In General.--In each year that the activities of an agency are
not required to be funded pursuant to section 300(b) of the
Congressional Budget Act of 1974, the committee of the House and the
Senate with legislative jurisdiction over that agency shall hold a
joint oversight hearing with the corresponding subcommittee of the
Committee on Appropriations of their respective House with jurisdiction
over the agency.
(b) Hearing.--A hearing required by subsection (a) shall review--
(1) the mission of the agency;
(2) the impact of biennial budgeting on agency efficiency;
(3) the cost savings associated with biennial budgeting;
(4) new programs created in the off year of the agency
budget; and
(5) programs that were terminated in the off year of the
agency budget.
SEC. 8. REPORT ON TWO-YEAR FISCAL PERIOD.
Not later than 180 days after the date of enactment of this Act,
the Director of the Office of Management and Budget shall--
(1) determine the impact and feasibility of changing the
definition of a fiscal year and the budget process based on
that definition to a 2-year fiscal period with a biennial
budget process based on the 2-year period; and
(2) submit to the Committee on the Budget of the Senate and
the Committee on the Budget of the House of Representatives a
report on the findings of the study.
SEC. 9. EFFECTIVE DATE.
Except as provided in section 8, this Act and the amendments made
by this Act shall take effect on January 1, 2016, and shall apply to
budget resolutions and appropriations for the biennium beginning with
fiscal year 2017. | Biennial Appropriations Act This bill amends the Congressional Budget Act of 1974 to change the annual appropriations process to a biennial process for nondefense spending. Congress must consider the defense appropriations bill annually and the remaining appropriations bills in either odd-numbered or even-numbered years. In each year that the appropriations bill for an agency is not considered, Congress must conduct oversight hearings. The bill requires the congressional budget resolution to be accompanied by committee allocations for biennial appropriations and the President's budget to include details that reflect the biennial process. It also creates a point of order against considering: (1) legislation authorizing appropriations for less than two years unless the program requires no further appropriations and will be completed after appropriations are expended, and (2) authorization or revenue legislation until Congress completes action on the budget resolution, appropriations bills, and reconciliation bills. The Office of Management and Budget must report to Congress on the impact and feasibility of a biennial budget process. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Manufacturing and
Rebuilding Transit Act of 2010'' or the ``SMART Act''.
SEC. 2. PREFERENCE IN AWARDING COMPETITIVE TRANSPORTATION
INFRASTRUCTURE GRANTS.
(a) Preference.--In awarding grants for projects that include the
purchase of transit vehicle rolling stock, rail, and supporting
equipment, the Secretary of Transportation shall give preference to a
project if the manufactured goods to be purchased have a domestic
content percentage that--
(1) exceeds otherwise applicable Federal requirements; and
(2) in the case of rolling stock, is consistent with
industry-recognized standards, if available.
(b) Covered Grants.--The grants referred to in subsection (a) are
discretionary or competitive grants, loans, loan guarantees, and lines
of credit--
(1) authorized under title 23 or 49, United States Code;
(2) used to fund in full or in part projects eligible for
Federal assistance under such titles; or
(3) for transportation infrastructure projects funded under
any Act that appropriates amounts for the Department of
Transportation.
SEC. 3. INCREASING THE TRANSPARENCY OF DOMESTIC CONTENT WAIVERS.
(a) Clarity in Domestic Content Regulations.--The Secretary of
Transportation shall establish a centralized website that provides
rules and guidance, waiver notices, and departmental and agency actions
applicable to the domestic content standards of the Federal-aid
programs within the jurisdiction of the Department of Transportation.
(b) Transparency in Waivers.--
(1) Buy america.--Section 313 of title 23, United States
Code, is amended by adding at the end the following:
``(g) Other Limitations on Waivers.--
``(1) Requests for waivers.--Not later than 7 days after a
Federal agency receives a written request for a waiver of any
requirement under this section, the head of such agency shall--
``(A) publish the request on a publicly available
agency website in an easily identifiable location; and
``(B) provide the public with a minimum of 30 days
for notice and comment before issuing the requested
waiver.
``(2) Waivers granted.--Not later than 30 days after a
Federal agency decides to waive any requirement under this
section, the head of the agency shall publish the decision and
the justification for such decision in the Federal Register and
on the publicly available website described in paragraph (1).
``(3) Notification of the office of management and
budget.--Each Federal agency that grants a waiver of any
requirement under this section shall submit to the Director of
the Office of Management and Budget--
``(A) a notification of the application of the
exception; and
``(B) a statement describing the procurement and
the exception being applied.''.
(2) Public transportation assistance.--Section 5323(j) of
title 49, United States Code, is amended by adding at the end
the following:
``(7) Limitations on waivers.--
``(A) Requests for waivers.--Not later than 7 days
after a Federal agency receives a written request for a
waiver of any requirement under this subsection or
section 5307(d)(1)(E)(iii), the head of such agency
shall--
``(i) publish the request on a publicly
available agency website in an easily
identifiable location; and
``(ii) provide the public with a minimum of
30 days for notice and comment before issuing
the requested waiver.
``(B) Waivers granted.--Not later than 30 days
after a Federal agency decides to waive any requirement
under this subsection or section 5307(d)(1)(E)(iii),
the head of the agency shall publish the decision and
the justification for such decision in the Federal
Register and on the publicly available website
described in subparagraph (A).
``(C) Notification of the office of management and
budget.--Each Federal agency that grants a waiver of
any requirement under this subsection or section
5307(d)(1)(E)(iii) shall submit to the Director of the
Office of Management and Budget--
``(i) a notification of the application of
the exception; and
``(ii) a statement describing the
procurement and the exception being applied.''.
(3) Amtrak.--Section 24305(f) of title 49, United States
Code, is amended by adding at the end the following:
``(5) Limitations on waivers.--
``(A) Requests for waivers.--Not later than 7 days
after a Federal agency receives a written request for a
waiver of any requirement under this subsection, the
head of such agency shall--
``(i) publish the request on a publicly
available agency website in an easily
identifiable location; and
``(ii) provide the public with a minimum of
30 days for notice and comment before issuing
the requested waiver.
``(B) Waivers granted.--Not later than 30 days
after a Federal agency decides to waive any requirement
under this subsection, the head of the agency shall
publish the decision and the justification for such
decision in the Federal Register and on the publicly
available website described in subparagraph (A).
``(C) Notification of the office of management and
budget.--Each Federal agency that grants a waiver of
any requirement under this subsection shall submit to
the Director of the Office of Management and Budget--
``(i) a notification of the application of
the exception; and
``(ii) a statement describing the
procurement and the exception being applied.''.
(4) Intercity passenger rail service.--Section 24405(a) of
title 49, United States Code, is amended by adding at the end
the following:
``(12) Limitations on waivers.--
``(A) Requests for waivers.--Not later than 7 days
after a Federal agency receives a written request for a
waiver of any requirement under this subsection, the
head of such agency shall--
``(i) publish the request on a publicly
available agency website in an easily
identifiable location; and
``(ii) provide the public with a minimum of
30 days for notice and comment before issuing
the requested waiver.
``(B) Waivers granted.--Not later than 30 days
after a Federal agency decides to waive any requirement
under this subsection, the head of the agency shall
publish the decision and the justification for such
decision in the Federal Register and on the publicly
available website described in subparagraph (A).
``(C) Notification of the office of management and
budget.--Each Federal agency that grants a waiver of
any requirement under this subsection shall submit to
the Director of the Office of Management and Budget--
``(i) a notification of the application of
the exception; and
``(ii) a statement describing the
procurement and the exception being applied.''.
(c) Requirement for Annual Reporting on Exceptions to Domestic
Source Requirements for Transportation Investments.--
(1) Report requirement.--
(A) In general.--Not later than 60 days after the
end of a fiscal year, the Inspector General of the
Department of Transportation shall submit a report to
Congress on the acquisitions supported by Federal
transportation infrastructure investments which did not
satisfy applicable domestic content standards.
(B) Contents of report.--The report submitted under
subparagraph (A) shall include, for the fiscal year
covered by such report--
(i) the number of all domestic content
waivers issued for transportation
infrastructure, rolling stock, and supporting
equipment purchases;
(ii) the countries and specifications of
the products for which waivers were granted;
(iii) an itemized list of all waivers
granted with respect to articles, materials,
and supplies;
(iv) any law that requires procurement of
goods from a domestic source;
(v) a citation to the treaty, international
agreement, or other law under which each waiver
was granted, if applicable;
(vi) the specific exception under the
applicable domestic content standards that was
used to purchase such articles, materials, or
supplies, if any articles, materials, or
supplies were acquired from entities that
manufacture articles, materials, or supplies
outside of the United States; and
(vii) a summary of--
(I) the total procurement funds
expended on articles, materials, and
supplies manufactured inside the United
States; and
(II) the total procurement funds
expended on articles, materials, and
supplies manufactured outside of the
United States.
SEC. 4. LINK DOMESTIC MANUFACTURERS TO TRANSPORTATION INFRASTRUCTURE
AND ROLLING STOCK OPPORTUNITIES.
The Secretary of Transportation is authorized to work with the
Hollings Manufacturing Partnership Program and other manufacturing-
related local intermediaries designated by the Secretary to develop a
multi-agency comprehensive plan to expand domestic rail and transit
vehicle supply chains with involvement from other applicable Federal
agencies or industry consortiums--
(1) to identify United States manufacturers currently
producing, or capable of producing, transit and rail vehicles,
supporting equipment, component parts, or similarly performing
products;
(2) to work with partners to identify and address gaps in
domestic supply chains; and
(3) to establish and carry out a program to award grants to
eligible entities in accordance with this Act. | Strengthening Manufacturing and Rebuilding Transit Act of 2010 or SMART Act - Requires the Secretary of Transportation (DOT) to give preference to the award of discretionary or competitive grants, loans, loan guarantees, and lines of credit to transportation infrastructure projects, including the purchase of transit vehicle rolling stock, rail, and supporting equipment, in which manufactured goods to be purchased have a domestic content percentage that: (1) exceeds applicable federal requirements; and (2) in the case of rolling stock, is consistent with industry-recognized standards, if available.
Directs the Secretary to establish a centralized website that provides rules and guidance, waiver notices, and agency actions of the domestic content standards (Buy America) for DOT federal-aid programs.
Requires a federal agency head to subject to public notice and comment any request for waiver, and to publication in the Federal Register and notification to Director of the Office of Management and Budget (OMB) of any waiver, of Buy America requirements involving: (1) federal-aid highway and public transportation projects, (2) AMTRAK acquisition and maintenance of equipment and facilities, and (3) intercity passenger rail service corridor capital assistance projects.
Directs the DOT Inspector General to report annually to Congress on acquisitions funded by federal transportation infrastructure investments that do not comply with Buy American requirements.
Authorizes the Secretary to work with the Hollings Manufacturing Partnership Program and other manufacturing-related local intermediaries to develop a multi-agency comprehensive plan to expand domestic manufacturer rail and transit vehicle supply chains. | [
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2
] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Over-Classification Act of
2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A key conclusion in the Final Report of the National
Commission on Terrorist Attacks Upon the United States
(commonly known as the ``9/11 Commission'') was the need to
prevent over-classification by the Federal Government.
(2) The 9/11 Commission and others have observed that the
over-classification of homeland security information interferes
with accurate, actionable, and timely homeland security
information sharing, increases the cost of information
security, and needlessly limits public access to information.
(3) The over-classification problem, which has worsened
since the 9/11 attacks, causes considerable confusion about
what information can be shared with whom both internally at the
Department of Homeland Security and with its external partners.
This problem negatively impacts the dissemination of homeland
security information to the Department's State, local, tribal,
and territorial homeland security and law enforcement partners,
private sector customers, and the public.
(4) Excessive government secrecy stands in the way of a
safer and more secure homeland. This trend is antithetical to
the creation and operation of the information sharing
environment established under section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), and
must be halted and reversed.
(5) To do so, the Department should start with the
understanding that all departmental information that is not
properly classified, or marked as controlled unclassified
information and otherwise exempt from disclosure, should be
made available to members of the public pursuant to section 552
of title 5, United States Code (commonly referred to as the
``Freedom of Information Act'').
(6) The Department should also develop and administer
policies, procedures, and programs that promote compliance with
applicable laws, executive orders, and other authorities
pertaining to the proper use of classification markings and the
United States National Archives and Records Administration
policies implementing them.
SEC. 3. OVER-CLASSIFICATION PREVENTION WITHIN THE DEPARTMENT OF
HOMELAND SECURITY.
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 new
section:
``SEC. 210F. OVER-CLASSIFICATION PREVENTION PROGRAM.
``(a) In General.--The Secretary shall develop and administer
policies, procedures, and programs within the Department to prevent the
over-classification of homeland security information, terrorism
information, weapons of mass destruction information, and other
information within the scope of the information sharing environment
established under section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485) that must be disseminated to
prevent and to collectively respond to acts of terrorism. The Secretary
shall coordinate with the Archivist of the United States and consult
with representatives of State, local, tribal, and territorial
government and law enforcement, organizations with expertise in civil
rights, civil liberties, and government oversight, and the private
sector, as appropriate, to develop such policies, procedures, and
programs.
``(b) Requirements.--Not later than one year after the date of the
enactment of the Reducing Over-Classification Act of 2008, the
Secretary, in administering the policies, procedures, and programs
required under subsection (a), shall--
``(1) create, in consultation with the Archivist of the
United States, standard classified and unclassified formats for
finished intelligence products created by the Department,
consistent with any government-wide standards, practices or
procedures for similar products;
``(2) require that all finished intelligence products
created by the Department be simultaneously prepared in the
standard unclassified format, provided that such an
unclassified product would reasonably be expected to be of any
benefit to a State, local, tribal or territorial government,
law enforcement agency or other emergency response provider, or
the private sector, based on input provided by the Interagency
Threat Assessment and Coordination Group Detail established
under section 210D;
``(3) ensure that such policies, procedures, and programs
protect the national security as well as the information
privacy rights and legal rights of United States persons
pursuant to all applicable law and policy, including the
privacy guidelines for the information sharing environment
established pursuant to section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 485), as
appropriate;
``(4) establish an ongoing auditing mechanism administered
by the Inspector General of the Department or other appropriate
senior Department official that randomly selects, on a periodic
basis, classified information from each component of the
Department that generates finished intelligence products to--
``(A) assess whether applicable classification
policies, procedures, rules, and regulations have been
followed;
``(B) describe any problems with the administration
of the applicable classification policies, procedures,
rules, and regulations, including specific non-
compliance issues;
``(C) recommend improvements in awareness and
training to address any problems identified in
subparagraph (B); and
``(D) report at least annually to the Committee on
Homeland Security of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs
of the Senate, and the public, in an appropriate
format, on the findings of the Inspector General's
audits under this section;
``(5) establish a process whereby employees may challenge
original classification decisions made by Department employees
or contractors and be rewarded with specific incentives for
successful challenges resulting in the removal of
classification markings or the downgrading of them;
``(6) inform employees and contractors that failure to
comply with the policies, procedures, and programs established
under this section could subject them to a series of penalties;
and
``(7) institute a series of penalties for employees and
contractors who repeatedly fail to comply with the policies,
procedures, and programs established under this section after
having received both notice of their noncompliance and
appropriate training or re-training to address such
noncompliance.
``(c) Finished Intelligence Product Defined.--The term `finished
intelligence product' means a document in which an intelligence analyst
has evaluated, interpreted, integrated, or placed into context raw
intelligence or information.''.
SEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION WITHIN THE
DEPARTMENT OF HOMELAND SECURITY.
Subtitle A of title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.) is further amended by adding at the end the
following new section:
``SEC. 210G. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION PROGRAMS.
``(a) Personal Identifiers.--The Secretary shall--
``(1) assess the technologies available or in use at the
Department by which an electronic personal identification
number or other electronic identifying marker can be assigned
to each Department employee and contractor with original
classification authority in order to--
``(A) track which documents have been classified by
a particular employee or contractor;
``(B) determine the circumstances when such
documents have been shared;
``(C) identify and address over-classification
problems, including the misapplication of
classification markings to documents that do not merit
such markings; and
``(D) assess the information sharing impact of any
such problems or misuse;
``(2) develop an implementation plan for a Department
standard for such technology with appropriate benchmarks, a
timetable for its completion, and cost estimate for the
creation and implementation of a system of electronic personal
identification numbers or other electronic identifying markers
for all relevant Department employees and contractors; and
``(3) upon completion of the implementation plan described
in paragraph (2), or not later than 180 days after the date of
the enactment of the Reducing Over-Classification Act of 2008,
whichever is earlier, the Secretary shall provide a copy of the
plan to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(b) Training.--The Secretary, in coordination with the Archivist
of the United States, shall--
``(1) require annual training for each Department employee
and contractor with classification authority or those
responsible for analysis, dissemination, preparation,
production, receiving, publishing, or otherwise communicating
written classified information, including training to--
``(A) educate each employee and contractor about--
``(i) the Department's requirement that all
classified finished intelligence products that
they create be simultaneously prepared in
unclassified form in a standard format
prescribed by the Department, provided that the
unclassified product would reasonably be
expected to be of any benefit to a State,
local, tribal, or territorial government, law
enforcement agency, or other emergency response
provider, or the private sector, based on input
provided by the Interagency Threat Assessment
and Coordination Group Detail established under
section 210D;
``(ii) the proper use of classification
markings, including portion markings; and
``(iii) the consequences of over-
classification and other improper uses of
classification markings, including the
misapplication of classification markings to
documents that do not merit such markings, and
of failing to comply with the Department's
policies and procedures established under or
pursuant to this section, including the
negative consequences for the individual's
personnel evaluation, homeland security,
information sharing, and the overall success of
the Department's missions;
``(B) serve as a prerequisite, once completed
successfully, as evidenced by an appropriate
certificate, for--
``(i) obtaining classification authority;
and
``(ii) renewing such authority annually;
and
``(C) count as a positive factor, once completed
successfully, in the Department's employment,
evaluation, and promotion decisions; and
``(2) ensure that such program is conducted efficiently, in
conjunction with any other security, intelligence, or other
training programs required by the Department to reduce the
costs and administrative burdens associated with the additional
training required by this section.
``(c) Detailee Program.--The Secretary shall--
``(1) implement a Departmental detailee program to detail
Departmental personnel to the National Archives and Records
Administration for one year, for the purpose of--
``(A) training and educational benefit for the
Department personnel assigned so that they may better
understand the policies, procedures and laws governing
original classification authorities;
``(B) bolstering the ability of the National
Archives and Records Administration to conduct its
oversight authorities over the Department and other
Departments and agencies; and
``(C) ensuring that the policies and procedures
established by the Secretary remain consistent with
those established by the Archivist of the United
States;
``(2) ensure that the program established under paragraph
(1) includes at least one individual for each Department office
with delegated original classification authority; and
``(3) in coordination with the Archivist of the United
States, report to Congress not later than 90 days after the
conclusion of the first year of the program established under
paragraph (1), on--
``(A) the advisability of expanding the program on
a government-wide basis, whereby other departments and
agencies would send detailees to the National Archives
and Records Administration; and
``(B) the administrative and monetary costs of full
compliance with this section.
``(d) Sunset of Detailee Program.--Except as otherwise provided by
law, subsection (c) shall cease to have effect on December 31, 2012.
``(e) Finished Intelligence Product Defined.--The term `finished
intelligence product' has the meaning given the term in section
210F(c).''.
SEC. 5. TECHNICAL AMENDMENT.
The table of contents in section 1(b) of the Homeland Security Act
of 2002 (6 U.S.C. 101(b)) is amended by adding after the item relating
to section 210E the following new items:
``Sec. 210F. Over-classification prevention program.
``Sec. 210G. Enforcement of over-classification prevention programs.''.
Passed the House of Representatives July 30, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Reducing Over-Classification Act of 2008 - (Sec. 3) Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to develop and administer policies, procedures, and programs (policies) within the Department of Homeland Security (DHS) to prevent the over-classification of homeland security, terrorism, weapons of mass destruction, and other information within the scope of the information sharing environment established under the Intelligence Reform and Terrorism Prevention Act of 2004 that must be disseminated to prevent and collectively respond to acts of terrorism.
Requires the Secretary to coordinate with the Archivist of the United States and consult with representatives of state, local, tribal, and territorial government and law enforcement, organizations with expertise in civil rights, civil liberties, and government oversight, and the private sector to develop such policies.
Directs the Secretary to: (1) create standard classified and unclassified formats for finished DHS intelligence products; (2) require that all such products be simultaneously prepared in the standard unclassified format, provided that such unclassified product would reasonably be expected to be of benefit to a state, local, tribal or territorial government, law enforcement agency or other emergency response provider, or the private sector, based on input provided by the Interagency Threat Assessment and Coordination Group Detail; (3) ensure that such policies protect the national security as well as the information privacy and legal rights of U.S. persons; (4) establish an ongoing auditing mechanism that randomly selects classified information from each DHS component to assess whether applicable classification regulations have been followed, describe any problems with their administration, and recommend improvements in awareness and training to address the problems identified; (5) establish a process whereby employees may challenge original classification decisions and be rewarded for successful challenges resulting in the removal or downgrading of classification markings; (6) inform employees and contractors that failure to comply could subject them to a series of penalties; and (7) institute such penalties.
(Sec. 4) Requires the Secretary to: (1) assess technologies by which an electronic identifying marker can be assigned to each DHS employee and contractor with original classification authority to track which documents have been classified by a particular employee or contractor, determine the circumstances when such documents have been shared, identify and address over-classification problems, and assess the information sharing impact of any such problems or misuse; (2) develop an implementation plan for a DHS standard for such technology; and (3) provide a copy of the implementation plan to the House and Senate homeland security committees.
Directs the Secretary, in coordination with the Archivist, to: (1) require annual training for each DHS employee and contractor with classification authority or those responsible for analyzing, producing, or communicating written classified information; and (2) ensure that such program is conducted efficiently in conjunction with any other security, intelligence, or other training programs required by DHS to reduce the costs and administrative burdens associated with the additional training required.
Requires the Secretary to: (1) implement a program to detail DHS personnel to the National Archives and Records Administration (NARA) for one year for purposes of training and educating DHS personnel to better understand classification authorities, bolstering NARA's ability to conduct oversight, and ensuring that the policies and procedures established by the Secretary remain consistent with those established by the Archivist; (2) ensure that the program includes at least one individual for each DHS office with delegated original classification authority; and (3) report to Congress, in coordination with the Archivist, on the advisability of expanding the program on a government-wide basis and on the administrative and monetary costs of full compliance. Terminates the program on December 31, 2012. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Drought Policy Act of
1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States often suffers serious economic and
environmental losses from severe regional droughts and there is
no coordinated Federal strategy to respond to such emergencies;
(2) at the Federal level, even though historically there
have been frequent, significant droughts of national
consequences, drought is addressed mainly through special
legislation and ad hoc action rather than through a systematic
and permanent process as occurs with other natural disasters;
(3) several Federal agencies have a role in drought from
predicting, forecasting, and monitoring of drought conditions
to the provision of planning, technical, and financial
assistance;
(4) there has never been one single Federal agency in a
lead or coordinating role with regard to drought;
(5) the State, local, and tribal governments have had to
deal individually and separately with each Federal agency
involved in drought assistance; and
(6) the President should appoint an advisory commission to
provide advice and recommendations on the creation of an
integrated, coordinated Federal policy designed to prepare for
and respond to serious drought emergencies.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Drought Policy Commission (hereafter in this Act
referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 14
members. The members of the Commission shall include--
(A) the Secretary of Agriculture, or the designee
of the Secretary, who shall serve as Chairperson of the
Commission;
(B) the Secretary of the Interior, or the designee
of the Secretary;
(C) the Secretary of the Army, or the designee of
the Secretary;
(D) the Secretary of Commerce, or the designee of
the Secretary;
(E) the Director of the Federal Emergency
Management Agency, or the designee of the Director;
(F) the Administrator of the Small Business
Administration, or the designee of the Administrator;
(G) two persons nominated by the National
Governors' Association and appointed by the President,
of whom--
(i) one shall be the governor of a State
east of the Mississippi River; and
(ii) one shall be a governor of a State
west of the Mississippi River;
(H) a person nominated by the National Association
of Counties and appointed by the President;
(I) a person nominated by the United States
Conference of Mayors and appointed by the President;
and
(J) four persons appointed by the Secretary of
Agriculture who shall be representative of groups
acutely affected by drought emergencies, such as the
agricultural production community, the credit
community, rural water associations, and Native
Americans.
(2) Date.--The appointments of the members of the
Commission shall be made no later than 60 days after the date
of enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--No later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Vice Chairperson.--The Commission shall select a Vice
Chairperson from among the members who are not Federal officers or
employees.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study and Report.--The Commission shall conduct a thorough
study and submit a report on national drought policy, as provided under
subsection (c).
(b) Content of Study and Report.--In conducting the study and
report, the Commission shall--
(1) determine, in consultation with the National Drought
Mitigation Center in Lincoln, Nebraska, what needs exist on the
Federal, State, local, and tribal levels to prepare for and
respond to drought emergencies;
(2) review all existing Federal laws and programs relating
to drought;
(3) review those State, local, and tribal laws and programs
relating to drought the Commission finds pertinent;
(4) determine what differences exist between the needs of
those affected by drought and the Federal laws and programs
designed to mitigate the impacts of and respond to drought;
(5) collaborate with the Western Drought Coordination
Council in order to consider regional drought initiatives and
the application of such initiatives at the national level;
(6) make recommendations on how Federal drought laws and
programs can be better integrated with ongoing State, local,
and tribal programs into a comprehensive national policy to
mitigate the impacts of and respond to drought emergencies
without diminishing the rights of States to control water
through State law; and
(7) include a recommendation on whether all Federal drought
preparation and response programs should be consolidated under
one existing Federal agency and, if so, identify such agency.
(c) Submission of Report.--
(1) In general.--No later than 18 months after the date of
enactment of this Act, the Commission shall submit a report to
the President and the Committee on Governmental Affairs of the
Senate and the Committee on Government Reform and Oversight of
the House of Representatives which shall contain a detailed
statement of the findings and conclusions of the Commission,
together with its recommendations for such legislation and
administrative actions as it considers appropriate.
(2) Approval of report.--Before submission of the report,
the contents of the report shall be approved by unanimous
consent or majority vote. If the report is approved by majority
vote, members voting not to approve the contents shall be given
the opportunity to submit dissenting views with the report.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers necessary to carry out the
purposes of this Act.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall not be
compensated for service on the Commission, except as provided under
subsection (b). All members of the Commission who are officers or
employees of the United States shall serve without compensation in
addition to that received for their services as officers or employees
of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(d) Administrative Support.--The Secretary of Agriculture shall
provide all financial, administrative, and staff support services for
the Commission.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report under section 4.
Passed the Senate November 10, 1997.
Attest:
GARY SISCO,
Secretary. | National Drought Policy Act of 1997 - Establishes the National Drought Policy Commission to conduct a thorough study and submit a specified report on national drought policy to the President and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House together with its recommendations for such legislation and administrative actions as it considers appropriate. Terminates the Commission 90 days after the submission of such report. | [
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SECTION 1. NATIONAL GUARD COUNTERDRUG SCHOOLS.
(a) Authority To Operate.--Under such regulations as the Secretary
of Defense may prescribe, the Chief of the National Guard Bureau may
establish and operate not more than five schools (to be known generally
as ``National Guard counterdrug schools'') for the provision by the
National Guard of training in drug interdiction and counter-drug
activities, and drug demand reduction activities, to the personnel of
the following:
(1) Federal agencies.
(2) State and local law enforcement agencies.
(3) Community-based organizations engaged in such
activities.
(4) Other non-Federal governmental and private entities and
organizations engaged in such activities.
(b) Counterdrug Schools Specified.--The National Guard counterdrug
schools operated under the authority in subsection (a) are as follows:
(1) The National Interagency Civil-Military Institute
(NICI), San Luis Obispo, California.
(2) The Multi-Jurisdictional Counterdrug Task Force
Training (MCTFT), St. Petersburg, Florida.
(3) The Midwest Counterdrug Training Center (MCTC), to be
established in Johnston, Iowa.
(4) The Regional Counterdrug Training Academy (RCTA),
Meridian, Mississippi.
(5) The Northeast Regional Counterdrug Training Center
(NCTC), Fort Indiantown Gap, Pennsylvania.
(c) Use of National Guard Personnel.--(1) To the extent provided
for in the State drug interdiction and counter-drug activities plan of
a State in which a National Guard counterdrug school is located,
personnel of the National Guard of that State who are ordered to
perform full-time National Guard duty authorized under section 112(b)
of that title 32, United States Code, may provide training referred to
in subsection (a) at that school.
(2) In this subsection, the term ``State drug interdiction and
counter-drug activities plan'', in the case of a State, means the
current plan submitted by the Governor of the State to the Secretary of
Defense under section 112 of title 32, United States Code.
(d) Annual Reports on Activities.--(1) Not later than February 1,
2002, and annually thereafter, the Secretary of Defense shall submit to
Congress a report on the activities of the National Guard counterdrug
schools.
(2) Each report under paragraph (1) shall set forth the following:
(A) The amount made available for each National Guard
counterdrug school during the fiscal year ending in the year
preceding the year in which such report is submitted.
(B) A description of the activities of each National Guard
counterdrug school during the year preceding the year in which
such report is submitted.
(3) The report under paragraph (1) in 2002 shall set forth, in
addition to the matters described in paragraph (2), a description of
the activities relating to the establishment of the Midwest Counterdrug
Training Center in Johnston, Iowa.
(e) Authorization of Appropriations.--(1) There is hereby
authorized to be appropriated for the Department of Defense for the
National Guard for fiscal year 2002, $25,000,000 for purposes of the
National Guard counterdrug schools in that fiscal year.
(2) The amount authorized to be appropriated by paragraph (1) is in
addition to any other amount authorized to be appropriated for the
Department of Defense for the National Guard for fiscal year 2002.
(f) Availability of Funds.--(1) Of the amount authorized to be
appropriated by subsection (e)(1)--
(A) $4,000,000 shall be available for the National
Interagency Civil-Military Institute, San Luis Obispo,
California;
(B) $8,000,000 shall be available for the Multi-
Jurisdictional Counterdrug Task Force Training, St. Petersburg,
Florida;
(C) $3,000,000 shall be available for the Midwest
Counterdrug Training Center, Johnston, Iowa;
(D) $5,000,000 shall be available for the Regional
Counterdrug Training Academy, Meridian, Mississippi; and
(E) $5,000,000 shall be available for the Northeast
Regional Counterdrug Training Center, Fort Indiantown Gap,
Pennsylvania.
(2) Amounts available under paragraph (1) shall remain available
until expended.
(g) Funding for Fiscal Years After Fiscal Year 2002.--(1) The
budget of the President that is submitted to Congress under section
1105 of title 31, United States Code, for any fiscal year after fiscal
year 2002 shall set forth as a separate budget item the amount
requested for such fiscal year for the National Guard counterdrug
schools.
(2) It is the sense of Congress that--
(A) the amount authorized to appropriated for the National
Guard counterdrug schools for any fiscal year after fiscal year
2002 should not be less than the amount authorized to be
appropriated for those schools for fiscal year 2002 by
subsection (e)(1), in constant fiscal year 2002 dollars; and
(B) the amount made available to each National Guard
counterdrug school for any fiscal year after fiscal year 2002
should not be less than the amount made available for such
school for fiscal year 2002 by subsection (f)(1), in constant
fiscal year 2002 dollars, except that the amount made available
for the Midwest Counterdrug Training School should not be less
than $5,000,000, in constant fiscal year 2002 dollars. | Authorizes the Chief of the National Guard Bureau to establish and operate the following five schools (counterdrug schools) for the provision by the National Guard of training in drug interdiction, counter-drug activities, and drug demand reduction activities to personnel of Federal agencies, State and local law enforcement agencies, and community-based organizations and other non-Federal governmental and private entities and organizations engaged in such activities: (1) the National Interagency Civil-Military Institute, San Luis Obispo, California; (2) the Multi-Jurisdictional Counterdrug Task Force Training, St. Petersburg, Florida; (3) the Midwest Counterdrug Training Center to be established in Johnston, Iowa; (4) the Regional Counterdrug Training Academy, Meridian, Mississippi; and (5) the Northeast Regional Counterdrug Training Center, Fort Gap, Pennsylvania.. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infertility Research Centers Act of
2002''.
SEC. 2. GRANTS AND CONTRACTS FOR RESEARCH CENTERS WITH RESPECT TO
INFERTILITY PREVENTION.
Subpart 7 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285g et seq.) is amended by adding at the end the following
new section:
``SEC. 452H. RESEARCH CENTERS WITH RESPECT TO INFERTILITY PREVENTION.
``(a) In General.--The Director of the Institute, after
consultation with the advisory council for the Institute, shall make
grants to, or enter into contracts with, public or nonprofit private
entities for the development and operation of centers to conduct
activities for the purpose of improving methods of preventing
infertility.
``(b) Number of Centers.--In carrying out subsection (a), the
Director of the Institute shall, subject to the extent of amounts made
available in appropriations Acts, provide for the establishment of two
centers with respect to infertility prevention.
``(c) Use of Funds.--
``(1) In general.--Each center assisted under this section
shall, in carrying out the purpose of the center involved--
``(A) conduct clinical and other applied research,
including clinical trials of new or improved drugs and
devices for the diagnosis and treatment of infertility
in males and females;
``(B) develop protocols for training physicians,
scientists, nurses, and other health and allied health
professionals;
``(C) conduct training programs for such
individuals;
``(D) develop model continuing education programs
for such professionals; and
``(E) disseminate information to such professionals
and the public.
``(2) Stipends.--A center may use funds provided under
subsection (a) to provide stipends for health and allied health
professionals enrolled in programs described in subparagraph
(C) of paragraph (1), and to provide fees to individuals
serving as subjects in clinical trials conducted under such
paragraph.
``(d) Coordination.--The Director of the Institute shall, as
appropriate, provide for the coordination of information among the
centers assisted under this section.
``(e) Facilities.--Each center assisted under subsection (a) shall
use the facilities of a single institution, or be formed from a
consortium of cooperating institutions, meeting such requirements as
may be prescribed by the Director of the Institute.
``(f) Period of Support.--Support of a center under subsection (a)
may be for a period not exceeding 5 years. Such period may be extended
for one or more additional periods not exceeding 5 years if the
operations of such center have been reviewed by an appropriate
technical and scientific peer review group established by the Director
and if such group has recommended to the Director that such period
should be extended.
``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $30,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 and 2005.''.
SEC. 3. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO INFERTILITY
PREVENTION.
Part F of title IV of the Public Health Service Act (42 U.S.C. 287d
et seq.) is amended--
(1) by redesignating the second section 487F (relating to
the pediatric research loan repayment program) as section 487G;
and
(2) by inserting after section 487G (as so redesignated)
the following section:
``SEC. 487H. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO
INFERTILITY PREVENTION.
``(a) Establishment.--The Secretary, in consultation with the
Director of the National Institute of Child Health and Human
Development, shall establish a program of entering into agreements with
qualified health professionals (including graduate students) under
which such health professionals agree to conduct research with respect
to infertility prevention, in consideration of the Federal Government
agreeing to repay, for each year of such service, not more than $20,000
of the principal and interest of the educational loans of such health
professionals.
``(b) Application of Provisions.--The provisions of sections 338B,
338C, and 338E shall apply to the program established in subsection (a)
to the same extent and in the same manner as such provisions apply to
the National Health Service Corps Loan Repayment Program established in
subpart III of part D of title III.
``(c) Funding.--Amounts appropriated for carrying out this section
shall remain available until the expiration of the second fiscal year
beginning after the fiscal year for which the amounts were
appropriated.''. | Infertility Research Centers Act of 2002 - Amends the Public Health Service Act to mandate grants or contracts for two centers for improving methods of preventing infertility. Requires each center to: (1) conduct clinical and other applied research; (2) develop training protocols and conduct training; (3) develop model continuing education programs; and (4) disseminate information to professionals.Allows funds to be used for: (1) stipends for training program enrollees; and (2) fees to clinical trial subjects.Establishes a program of agreements with health professionals to conduct infertility prevention research in return for the Government repaying the professionals' educational loans. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caribbean National Forest Wild and
Scenic Rivers Act of 2002''.
SEC. 2. WILD AND SCENIC RIVER DESIGNATIONS, CARIBBEAN NATIONAL FOREST,
PUERTO RICO.
(a) Findings.--The Congress finds the following:
(1) In the revised land and resource management plan for the
Caribbean National Forest/Luquillo Experimental Forest, approved
April 17, 1997, and the environmental impact statement prepared as
part of the plan, the Secretary of Agriculture examined the
suitability of rivers within the Caribbean National Forest/Luquillo
Experimental Forest for inclusion in the National Wild and Scenic
Rivers System.
(2) Based on such examination, the Rio Icacos, Rio Mameyes, and
Rio de La Mina were found to be free flowing waterways and to
possess outstandingly remarkable scenic, recreational, geological,
hydrological, biological, historical, and cultural values, and,
therefore, to qualify for addition to the National Wild and Scenic
Rivers System.
(b) Designations.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following new
paragraph:
``(____) Rivers of Caribbean National Forest, Puerto Rico.--
``(A) Rio mameyes.--The segment of approximately 4.5 miles from
its headwaters in the Bano de Oro Research Natural Area to the
boundary of the Caribbean National Forest, to be administered by
the Secretary of Agriculture as follows:
``(i) As a wild river from its headwaters in the Bano de
Oro Research Natural Area to the crossing point of Trail No.
24/11 (approximately 500 feet upstream from the confluence with
the Rio de La Mina), a total of approximately 2.1 miles.
``(ii) As a scenic river from the crossing point of Trail
No. 24/11 to the access point of Trail No. 7, a total of
approximately 1.4 miles.
``(iii) As a recreational river from the access point of
Trail No. 7 to the national forest boundary, a total of
approximately 1.0 miles.
``(B) Rio de la mina.--The segment of approximately 2.1 miles
from its headwaters to its confluence with the Rio Mameyes, to be
administered by the Secretary of Agriculture as follows:
``(i) As a recreational river from its headwaters in the El
Yunque Recreation Area downstream to La Mina Falls, a total of
approximately 0.9 miles.
``(ii) As a scenic river from La Mina falls downstream to
its confluence with the Rio Mameyes, a total of approximately
1.2 miles.
``(C) Rio icacos.--The segment of approximately 2.3 miles from
its headwaters to the boundary of the Caribbean National Forest, to
be administered by the Secretary of Agriculture as a scenic
river.''.
(c) Special Management Considerations.--
(1) Certain permitted activities.--Subject to paragraph (2),
the amendment made by the subsection (b) and the applicability of
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to the
river segments added to the National Wild and Scenic Rivers System
by the amendment shall not be construed to prevent any of the
following activities within the boundaries of the river segments:
(A) Installation and maintenance of hydrologic,
meteorological, climatological, or atmospheric data collection
and transmission facilities, or any combination of such
facilities, when the Secretary of Agriculture determines that
such facilities are essential to the scientific research
purposes of the Luquillo Experimental Forest.
(B) Construction and maintenance of nesting structures,
observation blinds, and population monitoring platforms for
threatened and endangered species.
(C) Construction and maintenance of trails to such
facilities as necessary for research purposes and for the
recovery of threatened and endangered species.
(2) Conditions.--The activities authorized by paragraph (1)
shall be subject to such conditions as the Secretary considers
desirable. The Secretary shall ensure that the scale and scope of
such activities within the boundaries of a river segment added to
the National Wild and Scenic Rivers System by the amendment made by
the subsection (b) are not detrimental to the characteristics of
the river segment that merited its designation as a wild, scenic,
or recreational river.
(d) Preservation of Commonwealth Authority.--Nothing in this
section or the amendment made by this section shall be construed to
limit the authority of the Commonwealth of Puerto Rico over waters and
natural channels of public domain pursuant to the laws of the
Commonwealth of Puerto Rico.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Caribbean National Forest Wild and Scenic Rivers Act of 2002 - Amends the Wild and Scenic Rivers Act to designate Rio Mameyes, Rio de la Mina, and Rio Icacos of the Caribbean National Forest of the Commonwealth of Puerto Rico as components of the National Wild and Scenic Rivers System.Provides that such designation shall not be construed to limit the authority of Puerto Rico over waters and natural channels of its public domain or to prevent any of the following activities within such segments: (1) installation and maintenance of hydrologic, meteorological, climatological, or atmospheric data collection and transmission facilities when they are essential to the scientific research purposes of the Luquillo Experimental Forest; (2) construction and maintenance of nesting structures, observation blinds, and population monitoring platforms for threatened and endangered species; or (3) construction and maintenance of trails to such facilities as necessary for research purposes and the recovery of such species. Provides that all such activities shall be subject to such conditions as the Secretary of Agriculture considers desirable. Requires the Secretary to ensure that the scale and scope of such activities are not detrimental to a river segment's characteristics that merited its designation as a wild, scenic, or recreational river. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency and Accountability of
Failed Exchanges Act''.
SEC. 2. STATES AWARDED EXCHANGE ESTABLISHMENT GRANTS THAT TERMINATE
STATE OPERATION OF SUCH AN EXCHANGE REQUIRED TO PROVIDE
AUDITS OF THE USE OF GRANT FUNDS AND RETURN FUNDS TO THE
FEDERAL GOVERNMENT.
(a) In General.--Section 1311(a) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18031(a)) is amended by adding at the
end the following new paragraph:
``(6) Treatment in case of exchange termination.--
``(A) In general.--In the case of a State that is
awarded a grant under this section to establish an
Exchange and that terminates the operation of such
Exchange or otherwise transfers the operation of such
Exchange to an entity other than such State--
``(i) not later than 30 days after the date
of such termination or transfer (or, in the
case of such a termination or transfer that
occurred before the date of the enactment of
this paragraph, not later than 30 days after
such date of enactment), the State shall submit
to Congress and the Secretary a report
containing the results of an audit of how
amounts awarded to such State pursuant to such
grant were used; and
``(ii) not later than 30 days after the
date of such termination or transfer (or, in
the case of such a termination or transfer that
occurred before the date of the enactment of
this paragraph, not later than 30 days after
such date of enactment)--
``(I) in accordance with
subparagraph (B), there are rescinded
any unobligated amounts awarded to such
State pursuant to such grant; and
``(II) in accordance with
subparagraph (C), the State shall
provide to the Administrator of General
Services any property acquired by such
State with amounts awarded to such
State pursuant to such grant and shall
submit to Congress and the Secretary a
record of the provision of such
property to the Administrator.
``(B) Retention of funds for deficit reduction.--
Funds rescinded under subparagraph (A)(ii)(I) shall be
retained in the general fund of the Treasury for
Federal budget deficit reduction.
``(C) Treatment of property.--The Administrator of
General Services may--
``(i) dispose of any property obtained
pursuant to subparagraph (A)(ii)(II) through a
public auction for cash and for not less than
the fair market value of the property, as
determined by the Administrator;
``(ii) provide to any Federal agency such
property for official use by such agency; or
``(iii) lease or hire such property, and
may insure such property.
``(D) Exemption from certain property disposal
requirements.--Any disposal of property conducted under
subparagraph (C)(i) shall not be subject to--
``(i) subchapter IV of chapter 5 of
subtitle I of title 40, United States Code;
``(ii) sections 550 and 553 of title 40,
United States Code;
``(iii) section 501 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11411);
``(iv) any other provision of law
authorizing the no-cost conveyance of property
owned by the Federal Government; or
``(v) any congressional notification
requirement other than that in section 545 of
title 40, United States Code.
``(E) Income from property.--The Administrator
shall deposit any income from the disposition, lease,
or hire of the property obtained pursuant to
subparagraph (A)(ii)(II) in the general fund of the
Treasury for Federal budget deficit reduction.''.
(b) Application of the False Claims Act.--Section 1313(a)(6)(A) of
the Patient Protection and Affordable Care Act (42 U.S.C.
18033(a)(6)(A)) is amended by adding at the end the following:
``Further, except as otherwise provided for expressly under this Act,
the False Claims Act preempts any State enforcement action of alleged
fraud, waste, and abuse of funds issued pursuant to this Act. States
that terminate or transfer their exchange will refer all current and
future matters involving fraud, waste, and abuse of funds issued
pursuant to this Act to the United States Department of Justice. Any
current or future enforcement action shall be removed to or brought in
Federal court. All fines, penalties, damages, or awards, monetary or
otherwise, arising out of any current or future enforcement action,
represent Federal funds that shall be returned to the United States.''.
(c) Enforcement Action.--The Attorney General may bring an action
before the appropriate district court of the United States to enforce
section 1311(a)(6) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18031(a)(6)).
(d) Effective Date.--The provisions of this section, including the
amendment made by subsection (a), shall apply with respect to grants
made before, on, or after the date of the enactment of this Act and to
terminations and transfers of Exchanges occurring before, on, or after
such date. | Transparency and Accountability of Failed Exchanges Act This bill amends the Patient Protection and Affordable Care Act (PPACA) to require the Department of Health and Human Services, for certain states awarded a grant to establish a health insurance exchange, to report on how awarded amounts were used and rescind unobligated amounts. This applies to any state that terminates operation of its exchange or transfers operation to another entity. Such a state must provide to the General Services Administration any property acquired through the grant and refer matters involving fraud, waste, and abuse of funds issued pursuant to PPACA to the Department of Justice. Funds rescinded must be retained for federal budget deficit reduction. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shareholder Protection Act of
2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Corporations make significant political contributions
and expenditures that directly or indirectly influence the
election of candidates and support or oppose political causes.
Decisions to use corporate funds for political contributions
and expenditures are usually made by corporate boards and
executives, rather than shareholders.
(2) Corporations, acting through their boards and
executives, are obligated to conduct business for the best
interests of their owners, the shareholders. Corporate boards
and executives that use corporation funds to support and oppose
political candidates, parties, and causes in opposition to the
interests of their shareholders are not acting for the best
interests of the corporation.
(3) Historically, shareholders have not had a way to know,
or to influence, the political activities of corporations they
own. Shareholders and the public have a right to know how
corporations are spending their funds to make political
contributions or expenditures benefitting candidates, political
parties, and political causes.
(4) Corporations should be accountable to their
shareholders prior to making political contributions or
expenditures affecting local, State or Federal governance and
public policy. Requiring the express approval of a
corporation's shareholders prior to making political
contributions or expenditures will establish necessary
accountability.
SEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY.
The Securities Exchange Act of 1934 is amended by adding after
section 14 the following new section:
``SEC. 14A. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES.
``(a) Affirmative Authorization.--No issuer may make any
expenditure for political activities in excess of $10,000 in any fiscal
year without first obtaining the written affirmative authorization for
such expenditure by a majority of all shareholders.
``(b) Nature of Decisions.--A decision to make a contribution or
expenditure for political activities in excess of $10,000 shall not be
considered a routine matter of the corporation under rules and
guidelines established by any national securities exchange or by the
Commission.
``(c) Fiduciary Duty; Liability.--A violation of subsection (a)
shall be considered a breach of a fiduciary duty of the officers and
directors who authorized such an expenditure. The officers and
directors who authorize such an expenditure without first obtaining
such authorization of shareholders shall be jointly and severally
liable in any action brought in any court of competent jurisdiction to
any shareholder or class of shareholders for the amount of such
expenditure.
``(d) Exemption for Certain Media.--The provisions of this section
shall not apply to an issuer whose sole business is the publication or
broadcasting of news, commentary, literature, music, entertainment,
artistic expression, scientific, historical or academic works, or other
forms of information. The Commission shall issue such guidance as it
determines necessary or appropriate regarding the extent of the
exemption provided by this subsection.
``(e) Definitions.--As used in this section the following
definitions apply:
``(1) Affirmative authorization.--The term `affirmative
authorization' means the full, free, and written consent of a
shareholder, obtained without intimidation or fear of reprisal,
and shall not include votes made by a broker or any other
representative.
``(2) Issue advocacy campaign.--The term `issue advocacy
campaign' means any expenditure for any communication to the
general public intended to encourage the public to contact a
State or Federal Government official regarding pending
legislation, public policy or government rule or regulation,
but does not include contributions or expenditures for
registered lobbyists employed by the corporation to lobby State
or Federal Government officials directly.
``(3) Majority of all shareholders.--The term `majority of
all shareholders' means number of shareholders that combined
own more than 50 percent of all outstanding shares.
Shareholders not casting votes shall not count toward such a
majority.
``(4) Expenditure for political activities.--
``(A) The term `expenditure for political
activities' means--
``(i) expenditures in support of, or
opposition to, any Federal, State, or local
candidate;
``(ii) contributions to or expenditures in
support of any political party, committee,
electioneering communication, voter
registration campaign, ballot measure campaign,
or an issue advocacy campaign; and
``(iii) dues or other payments to trade
associations or other tax exempt organizations
that are, or could reasonably be anticipated to
be, used for the purposes described in
subparagraphs (A) and (B).
``(B) Such term shall not include--
``(i) direct lobbying efforts through
registered lobbyists employed or hired by the
corporation;
``(ii) communications by a corporation to
its stockholders and executive or
administrative personnel and their families;
``(iii) nonpartisan registration and get-
out-the-vote campaigns by a corporation aimed
at its stockholders and executive or
administrative personnel and their families; or
``(iv) the establishment, administration
and solicitation of contributions to a separate
segregated fund to be utilized for political
purposes by a corporation.''.
SEC. 4. REPORTING REQUIREMENTS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(m) Reporting Requirements Relating to Certain Political
Expenditures.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Commission shall modify
its reporting rules under this section to require issuers to
disclose quarterly any expenditure for political activities (as
such term is defined in section 14A(e)(4)) made during the
preceding quarter. Such a report shall be filed with the
Commission and provided to shareholders and shall include--
``(A) the date of the contributions or
expenditures;
``(B) the amount of the contributions or
expenditures;
``(C) the name or identity of the candidate,
political party, committee, electioneering
communication, voter registration campaign, ballot
measure campaign or issue advocacy campaign;
``(D) if the expenditures were made for or against
a candidate, including an electioneering communication,
the office sought by the candidate and the political
party affiliation of the candidate;
``(E) if the contributions or expenditures were
made for or against a ballot measure, the purpose of
the measure and whether the contributions or
expenditures were made in support or opposition to the
ballot measure; and
``(F) if the contributions or expenditures were
made for or against an issue advocacy campaign, the
nature of the political issue and whether the
contributions were made in support or opposition to the
political issue.
``(2) Public availability.--The Commission shall ensure
that, to the greatest extent practicable, the quarterly reports
required by this subsection are publicly available through the
Commission website in a manner that is searchable, sortable and
downloadable, consistent with the requirements of section
24.''.
SEC. 5. REPORT.
On an annual basis, the Office of Management and Budget shall
conduct an audit on the compliance or noncompliance with the
requirements of this Act by public corporations, their management and
shareholders, as well as the effectiveness of the Securities and
Exchange Commission in meeting the reporting and disclosure
requirements of this Act. Not later than April 1 of each year, the
Office of Management and Budget shall submit to the President a report
on the audit activities required under this Act. | Shareholder Protection Act of 2010 - Amends the Securities Exchange Act of 1934 to prohibit an issuer from making any expenditure for political activities in excess of $10,000 in any fiscal year without first obtaining the written affirmative authorization for such expenditure by a majority of all shareholders.
Deems a violation of this requirement to be a breach of the fiduciary duty of the officers and directors who authorized such expenditure.
Subjects to joint and several liability to any shareholder or class of shareholders for the amount of such expenditure the officers and directors who authorize it without prior shareholder authorization.
Prohibits rules and guidelines established by any national securities exchange or by the Securities and Exchange Commission (SEC) from considering as a routine corporate matter a decision to make a contribution or expenditure for political activities in excess of $10,000.
Exempts from the shareholder prior approval requirement an issuer whose sole business is the publication or broadcasting of news, commentary, literature, music, entertainment, artistic expression, scientific, historical or academic works, or other forms of information.
Directs the SEC to require issuers to disclose quarterly any expenditure for political activities made during the preceding quarter. Requires such report to be filed with the SEC, provided to shareholders, and be made publicly available through the SEC website. | [
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THROUGH ADMINISTRATIVE PROCESSES.
Subsection (a) of section 7 of the Civil Rights of
Institutionalized Persons Act (42 U.S.C. 1997e(a)) is amended to read
as follows:
``(a) Administrative Remedies.--
``(1) Presentation.--No claim with respect to prison
conditions under section 1979 of the Revised statutes (42
U.S.C. 1983), or any other Federal law, by a prisoner confined
in any jail, prison, or other correctional facility shall be
adjudicated except under section 1915A(b) of title 28, United
States Code, until the claim has been presented for
consideration to officials of the facility in which the claim
arose. Such presentation satisfies the requirement of this
paragraph if it provides prison officials of the facility in
which the claim arose with reasonable notice of the prisoner's
claim, and if it occurs within the generally applicable
limitations period for filing suit.
``(2) Stay.--If a claim included in a complaint has not
been presented as required by paragraph (1), and the court does
not dismiss the claim under section 1915A(b) of title 28,
United States Code, the court shall stay the action for a
period not to exceed 90 days and shall direct prison officials
to consider the relevant claim or claims through such
administrative process as they deem appropriate. However, the
court shall not stay the action if the court determines that
the prisoner is in danger of immediate harm.
``(3) Proceeding.--Upon the expiration of the stay under
paragraph (2), the court shall proceed with the action except
to the extent the court is notified by the parties that it has
been resolved.''.
SEC. 4. EXEMPTION OF JUVENILES FROM PRISON LITIGATION REFORM ACT.
(a) Title 18.--
(1) Juvenile proceedings.--Section 3626(g) of title 18,
United States Code, is amended--
(A) in paragraph (3) by striking ``or adjudicated
delinquent for,''; and
(B) so that paragraph (5) reads as follows:
``(5) the term `prison' means any Federal, State, or local
facility that incarcerates or detains prisoners;''.
(2) Adult convictions.--Section 3626 of title 18, United
States Code, is amended by adding at the end the following:
``(h) Exclusion of Child Prisoners.--This section does not apply
with respect to a prisoner who has not attained the age of 18 years.''.
(b) Civil Rights of Institutionalized Persons Act.--
(1) Section 7(h) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(h)), is amended by striking ``or
adjudicated delinquent for,''.
(2) Section 7 of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e) is amended by adding at the end
the following:
``(i) Exclusion of Child Prisoners.--This section does not apply
with respect to a prisoner who has not attained the age of 18 years.''.
(c) Title 28.--Title 28, United States Code, is amended--
(1) in section 1915(h)--
(A) by inserting ``who has attained the age of 18
years'' after ``means any person''; and
(B) by striking ``or adjudicated delinquent for,'';
and
(2) in section 1915A(c)--
(A) by inserting ``who has attained the age of 18
years'' after ``means any person''; and
(B) by striking ``or adjudicated delinquent for,''.
SEC. 5. MODIFICATION OF BAN ON MULTIPLE IN FORMA PAUPERIS CLAIMS.
Section 1915(g) of title 28, United States Code, is amended--
(1) by inserting ``within the preceding 5 years'' after ``3
or more occasions''; and
(2) by striking ``, malicious, or fails to state a claim
upon which relief may be granted'' and inserting ``or
malicious''.
SEC. 6. FILING FEES IN FORMA PAUPERIS.
Section 1915(b)(1) of title 28, United States Code, is amended--
(1) by striking ``or files an appeal''; and
(2) by inserting ``and the action is dismissed at initial
screening pursuant to subsection (e)(2) of this section,
section 1915A of this title, or section 7(c)(1) of the Civil
Rights of Institutionalized Persons Act (42 U.S.C.
1997e(c)(1)),'' after ``in forma pauperis,''.
SEC. 7. TECHNICAL AMENDMENT TO RESOLVE AMBIGUITY.
Section 1915(a)1) of title 28, United States Code, is amended by
striking ``that includes a statement of all assets such prisoner
possesses'' and inserting ``(including a statement of assets such
person possesses)''.
SEC. 8. ENCOURAGEMENT OF APPROPRIATE SETTLEMENT OF PRISONER LITIGATION.
Section 3626(c)(1) of title 18, United States Code, is amended, by
striking the period at the end and inserting ``, except that the
violation of a Federal right may be alleged by plaintiff rather than
proven or stipulated.''.
SEC. 9. JUDICIAL DISCRETION IN CRAFTING PRISON ABUSE REMEDIES.
Section 3626 of title 18, United States Code, is amended--
(1) in subsection (a)(2) by striking the final sentence;
(2) in subsection (b)(1)(A), by inserting ``if that party
demonstrates that it has eliminated the violation of the
Federal right that gave rise to the prospective relief and that
the violation is reasonably unlikely to recur'' after
``intervener'';
(3) in subsection (b)(1)(B), by adding at the end the
following: ``Nothing in this section shall prevent the court
from extending any of the time periods set out in subsection
(A), if the court finds, at the time of granting or approval of
the prospective relief, that correction of the violation will
take longer than those time periods.''; and
(4) in subsection (e) by striking paragraphs (2), (3), and
(4).
SEC. 10. EFFECTIVE DATE.
The amendments made by this Act shall apply to all cases currently
pending in Federal court and any such cases filed on or after the date
of enactment of this Act. | Prison Abuse Remedies Act of 2009 - Amends the Civil Rights of Institutionalized Persons Act to: (1) eliminate the requirement of a prior showing of physical injury before a prisoner may bring a claim for mental or emotional injury suffered while in custody; and (2) provide for a 90-day stay of nonfrivolous claims relating to prison conditions to allow prison officials to consider such claims through the administrative process; and (3) exclude from the application of such Act prisoners under the age of 18.
Amends the federal criminal code to: (1) exempt prisoners under the age of 18 from the restrictions imposed by the Prison Litigation Reform Act; and (2) expand the discretionary authority of judges in awarding relief in actions involving prison conditions.
Amends the federal judicial code to: (1) exempt prisoners under the age of 18 from certain restrictions on in forma pauperis proceedings; (2) expand the number of in forma pauperis actions a prisoner may bring; and (3) revise requirements for assessing filing fees and costs against prisoners in such actions. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Miles with All Resources and
Technology Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(2) High traffic areas.--The term ``high traffic areas''
has the meaning given the term in section 102(e)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996, as amended by section 102 of this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) Situational awareness.--The term ``situational
awareness'' has the meaning given the term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328).
TITLE I--INFRASTRUCTURE AND EQUIPMENT
SEC. 101. STRENGTHENING THE REQUIREMENTS FOR BORDER SECURITY TECHNOLOGY
ALONG THE SOUTHERN BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C.
1103 note) is amended--
(1) in subsection (a)--
(A) by inserting ``and border technology'' before
``in the vicinity of''; and
(B) by striking ``illegal crossings in areas of
high illegal entry into the United Sates'' and
inserting ``, impede, and detect illegal activity in
high traffic areas'';
(2) in subsection (c)(1), by inserting ``and, pursuant to
subsection (d), the installation, operation, and maintenance of
technology'' after ``barriers and roads''; and
(3) by adding at the end the following new subsections:
``(d) Installation, Operation, and Maintenance of Technology.--
``(1) In general.--Not later than January 20, 2021, the
Secretary of Homeland Security, in carrying out subsection (a),
shall deploy the most practical and effective technology
available along the United States border for achieving
situational awareness and operational control of the border.
``(2) Technology defined.--In this subparagraph, the term
`technology' includes border surveillance and detection
technology, including--
``(A) radar surveillance systems;
``(B) Vehicle and Dismount Exploitation Radars
(VADER);
``(C) 3-dimensional, seismic acoustic detection and
ranging border tunneling detection technology;
``(D) sensors;
``(E) unmanned cameras;
``(F) man-portable and mobile vehicle-mounted
unmanned aerial vehicles; and
``(G) any other devices, tools, or systems found to
be more effective or advanced than those specified in
subparagraphs (A) through (F).
``(e) Definitions.--In this section:
``(1) High traffic areas.--The term `high traffic areas'
means sectors along the northern, southern, or coastal border
that--
``(A) are within the responsibility of U.S. Customs
and Border Protection; and
``(B) have significant unlawful cross-border
activity.
``(2) Situational awareness defined.--The term `situational
awareness' has the meaning given the term in section 1092(a)(7)
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328).''.
SEC. 102. COMPREHENSIVE SOUTHERN BORDER STRATEGY.
(a) Comprehensive Strategy.--
(1) Requirement.--Not later than 12 months after the date
of the enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a comprehensive Southern border strategy.
(2) Contents.--The strategy submitted under paragraph (1)
shall include--
(A) a list of known physical barriers,
technologies, tools, and other devices that can be used
to achieve and maintain situational awareness and
operational control (as such term is defined in section
2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701
note; Public Law 109-367)) along the southern border;
(B) a projected per mile cost estimate for each
physical barrier, technology, tool, and other device
included on the list required under paragraph (1);
(C) a detailed account of which type of physical
barrier, technology, tool, or other device the
Department believes is necessary to achieve and
maintain situational awareness and operational control
for each liner mile of the southern border;
(D) an explanation for why such physical barrier,
technology, tool, or other device was chosen to achieve
and maintain situational awareness and operational
control for each linear mile of the southern border,
including--
(i) the methodology used to determine which
type of physical barrier, technology, tool, or
other device was chosen for such linear mile;
(ii) an examination of existing manmade and
natural barriers for each linear mile of the
southern border; and
(iii) the information collected and
evaluated from--
(I) the appropriate U.S. Customs
and Border Protection Sector Chief;
(II) the Joint Task Force
Commander;
(III) the appropriate State
Governor;
(IV) local law enforcement
officials;
(V) private property owners; and
(VI) other affected stakeholders;
(E) a per mile cost calculation for each linear
mile of the southern border given the type of physical
barrier, technology, tool, or other device chosen to
achieve and maintain operational control for each
linear mile; and
(F) a cost justification for each time a more
expensive physical barrier, technology, tool, or other
device is chosen over a less expensive option, as
established by the per mile cost estimates required in
subparagraph (B).
SEC. 103. ERADICATION OF CARRIZO CANE AND SALT CEDAR.
Not later than January 20, 2019, the Secretary, after coordinating
with the heads of relevant Federal, State, and local agencies, shall
begin eradicating the carrizo cane plant and any salt cedar along the
Rio Grande River.
TITLE II--GRANTS
SEC. 201. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program, which shall be known as `Operation Stonegarden', under which
the Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through the State administrative
agency, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency--
``(1) shall be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
and
``(2) shall be involved in an active, ongoing, U.S. Customs
and Border Protection operation coordinated through a sector
office.
``(c) Permitted Uses.--The recipient of a grant under this section
may use such grant for--
``(1) equipment, including maintenance and sustainment
costs;
``(2) personnel, including overtime and backfill, in
support of enhanced border law enforcement activities;
``(3) any activity permitted for Operation Stonegarden
under the Department of Homeland Security's Fiscal Year 2017
Homeland Security Grant Program Notice of Funding Opportunity;
and
``(4) any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(d) Period of Performance.--The Secretary shall award grants
under this section to grant recipients for a period of not less than 36
months.
``(e) Report.--For each of the fiscal years 2018 through 2022, the
Administrator shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report that contains
information on the expenditure of grants made under this section by
each grant recipient.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of fiscal years 2018 through 2022
for grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants under sections 2003, 2004, and 2009 to State, local,
and tribal governments, as appropriate.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2008 the following new item:
``Sec. 2009. Operation Stonegarden.''.
SEC. 202. SOUTHERN BORDER REGION EMERGENCY COMMUNICATIONS GRANT.
(a) In General.--The Secretary, in consultation with the Governors
of the States located on the southern border, shall establish a two-
year grant program to improve emergency communications in the southern
border region.
(b) Eligibility for Grants.--An individual is eligible for a grant
under this section if the individual demonstrates that the individual--
(1) regularly resides or works in a State on the southern
border; and
(2) is at greater risk of border violence due to a lack of
cellular and LTE network service at the individual's residence
or business and the individual's proximity to the southern
border.
(c) Use of Grants.--Grants awarded under this section may be used
to purchase satellite telephone communications systems and services
that--
(1) can provide access to 9-1-1 service; and
(2) are equipped with receivers for the Global Positioning
System. | Secure Miles with All Resources and Technology Act This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Department of Homeland Security (DHS) to deploy the most practical and effective technology available (such as radar, tunnel detection technology, unmanned aerial vehicles, and sensors) to achieve situational awareness and operational control along the U.S. border. DHS shall submit to Congress a comprehensive southern border strategy, which shall include: (1) a list of known physical barriers, technologies, tools, and other devices to achieve situational awareness and operational control of the border and their related cost estimates; and (2) information from federal, state, local, and private sources. DHS shall begin eradicating the carrizo cane plant and salt cedar along the Rio Grande River. The Homeland Security Act of 2002 is amended to establish Operation Stonegarden in DHS to provide border security grants to law enforcement agencies: (1) in a state bordering Canada or Mexico or a maritime border state or territory, and (2) involved in an ongoing U.S. Customs and Border Protection operation coordinated through a sector office. DHS shall establish a two-year grant program to improve emergency communications in the southern border region for individuals who: (1) reside or work in a southern border state, and (2) are at greater risk of violence due to border proximity and a lack of residential or business cellular and LTE network service. Such grants may be used to purchase satellite telephone communications systems and services that provide access to 9-1-1 service and that are equipped with Global Positioning System receivers. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maternal Motor Vehicle Crash Safety
Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Highway Traffic Safety
Administration.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Appropriations and Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Appropriations and the Committee on Energy and Commerce of the
House of Representatives.
(3) Biofidelic.--The term ``biofidelic'' means having the
property of responding to and being impacted by crash and other
external forces in a manner directly consistent with the way in
which a live human being would respond to and be impacted by
such forces.
(4) Data linkage system.--The term ``data linkage system''
means an information system that is capable of accurately
tracking adverse health effects and birth outcomes for pregnant
women who are occupants of a motor vehicle that is involved in
a crash and the unborn children of such women, through the
connection and analysis of multiple data sources.
(5) Unborn child.--The term ``unborn child'' means a member
of the species homo sapiens, at any stage of development, who
is carried in the womb.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Injuries are the leading cause of pregnancy-associated
deaths in the United States.
(2) Motor vehicle crashes are the leading cause of injury
deaths in women of reproductive age and the leading cause of
injury hospitalizations among pregnant women.
(3) Studies have indicated that motor vehicles are
estimated to account for up to 80 percent of injury related
deaths among unborn children.
(4) Transportation Research Board publications indicate
that deaths among unborn children due to motor vehicle crashes
are more frequent than several notable fatal childhood
injuries, including bicycle related deaths in children aged 0
through 15, firearm related deaths in children aged 0 through
9, and motor vehicle crash related deaths in children aged 0
through 1.
(5) Studies suggest that approximately 3 percent of all
babies born in the United States are involved in a motor
vehicle crash while in utero.
(6) Studies have shown that elevated risks of birth-related
threats and obstetric complications following crashes involving
pregnant women include--
(A) premature childbirth;
(B) low birth weight;
(C) placental injury;
(D) uterine rupture; and
(E) amniotic rupture.
(7) Despite advances in vehicle safety, pregnant women have
not received the special attention and consideration needed to
understand, reduce, and prevent the risks of adverse pregnancy
outcomes related to crashes.
(8) There is a need for more research and application using
anthropometric test devices and computerized modeling systems
that represent pregnant women during all stages of pregnancy.
(9) During pregnancy, the risks of traumatic injury to a
woman is shared by the woman's unborn child. Assessing the
magnitude and characteristics of those risks through data
linkage systems, comparing the risks to other injuries and
diseases, and reducing them, are important unmet challenges for
improving maternal and child health.
(10) A better understanding is needed about what can happen
during, and after, a pregnant woman is involved in a motor
vehicle crash. This includes the effects of a crash on the
mother, the unborn child, and the delicate physiological
balance between the mother and child that separates healthy
from unhealthy pregnancies, including the effects of maternal
physiologic adaptations to trauma, fluid loss and shock,
effects from maternal stress, effects from diagnostic regimens,
medical or surgical procedures, or the wide variety of
prescription medicines, and other medication taken by the
mother.
(11) Despite the importance of the health of mothers and
unborn children involved in motor vehicle crashes, agencies and
data linkage systems responsible for tracking motor vehicle
injuries, deaths, and other measures of adverse outcome rarely
capture pregnancy status.
(12) Existing data collection and analysis systems
generally do not count unborn children involved in motor
vehicle crashes and do not follow them after their birth to
ascertain the effects of the crash on long-term neuro-
developmental and functional outcomes.
SEC. 4. SENSE OF CONGRESS ON IMPROVEMENTS TO THE NATIONAL AUTOMOTIVE
SAMPLING SYSTEM CRASHWORTHINESS DATA SYSTEM.
It is the sense of Congress that the Administrator--
(1) should continue to include in the National Automotive
Sampling System Crashworthiness Data System maintained by the
Administrator data related to motor vehicle crashes that
involved a pregnant women; and
(2) should identify other means to advance the current
level of understanding regarding the number, nature, and impact
of motor vehicle crashes involving pregnant women and their
unborn children through data collection, data linkage systems,
and analysis systems.
SEC. 5. GRANTS FOR DATA LINKAGE SYSTEMS PROGRAMS.
(a) In General.--The Administrator shall, in consultation with
appropriate officials of State agencies or public health organizations,
carry out a program to provide grants and other incentives, including
technical assistance to eligible entities for the purpose described in
subsection (b).
(b) Purpose.--A grant or other incentive provided under this
section shall be used to promote the development of data linkage
systems described in subsection (e).
(c) Eligible Entity.--In this section, the term ``eligible entity''
means an academic, public health, or transportation safety organization
or a State or local government agency that the Administrator determines
is appropriate to receive a grant or incentive under this section.
(d) Application and Award Process.--
(1) Applications.--Each eligible entity seeking a grant
under this section shall submit an application to the
Administrator at such time and in such manner as the
Administrator may require.
(2) Awards.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall establish--
(A) the criteria for awarding a grant or incentive
under this section; and
(B) a competitive, merit-based process to select
applications to receive a grant or incentive under this
section.
(3) Publication.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall publish in
the Federal Register the criteria and process described in
paragraph (2).
(e) Program Structure.--The data linkage systems eligible to
receive assistance under this section are systems that use the
following sources:
(1) State and local vital statistics databases, including
birth, infant, and death records.
(2) State and local crash and driver's license records.
(3) Other computerized health records as available,
including emergency medical services reports and hospital and
emergency room admission and discharge records.
(f) Existing Data Systems.--To the maximum extent possible, the
Administrator shall integrate the grant and incentive program carried
out under this section with the existing State specific Crash Outcome
Data Evaluation Systems carried out by the Administrator to utilize the
capabilities, linkage expertise, and organizational relationships of
such Systems to provide a foundation for improving the tracking of
adverse health effects and birth outcomes for pregnant women who are
occupants of a motor vehicle at the time of a crash and their unborn
children.
(g) Data Security and Privacy.--In carrying out this section, the
Administrator and any eligible entity selected to receive a grant or
incentive under this section for a data linkage system shall ensure
that personal identifiers and other information utilized in that data
linkage system related to a specific individual is handled in a manner
consistent with all applicable Federal, State, and local laws and
regulations and to ensure the confidentiality of such information, and
in the manner necessary to prevent the theft, manipulation, or other
unlawful or unauthorized use of personal information contained in data
sources used for linkage studies.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$2,500,000 for each of the fiscal years 2007, 2008, 2009, and
2010 to carry out this section.
(2) Availability of funds.--Funds appropriated pursuant to
the authorization of appropriations in paragraph (1) shall
remain available until expended.
SEC. 6. SAFETY RESEARCH PROGRAM AND NATIONAL CONFERENCE.
(a) Safety Research Program.--
(1) Requirement to conduct.--The Administrator shall
conduct a research program as described in this section to
promote the health and safety of pregnant women who are
involved in motor vehicle crashes and of their unborn children.
(2) High priority research areas.--In carrying out the
research program under this section, the Administrator shall
place a high priority on conducting research to--
(A) investigate methods to maximize the injury
prevention performance of standard 3-point safety belts
for pregnant women during all stages of pregnancy;
(B) analyze the effectiveness of technologies
designed to modify or extend the safety performance of
3-point safety belts for pregnant women across a range
of pregnancy phases, including technologies currently
available in the marketplace;
(C) develop biofidelic, anthropometric test devices
that are representative of pregnant women during all
stages of pregnancy; and
(D) develop biofidelic, computer models that are
representative of pregnant women during all stages of
pregnancy to aid in understanding crash forces relevant
to the safety of pregnant women and unborn children
that may include the utilization of existing modeling
systems developed by private and academic institutions,
if appropriate.
(b) National Conference.--
(1) Requirement to convene.--Not later than 18 months after
the date of the enactment of this Act, the Administrator, in
consultation with the heads of other appropriate Federal
agencies, shall convene a national research conference for the
purpose of identifying critical scientific issues for research
on the safety of pregnant women involved in motor vehicle
crashes and their unborn children.
(2) Purpose of the conference.--The purpose of the
conference required by paragraph (1) shall be to establish and
prioritize a list of research questions to guide future
research related to the safety of pregnant women involved in
motor vehicle crashes and their unborn children.
(3) Authority to partner with other organizations.--The
Administrator is authorized to carry out the conference
required by paragraph (1) in a partnership with organizations
recognized for expertise related to the research described in
paragraph (2).
(c) Report Required.--Not later than 2 years after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate congressional committees a report that describes--
(1) the research program carried out by the Administration
pursuant to subsection (a), including any findings or
conclusions associated with such research program; and
(2) the priorities established at the national conference
required by subsection (b), plans for regulations or future
programs, or factors limiting the effectiveness of such
research.
(d) Authorization of Appropriations.--
(1) In general.--For each of the fiscal years 2007, 2008,
and 2009, there are authorized to be appropriated such sums as
necessary to carry out this section.
(2) Availability of funds.--Funds appropriated pursuant to
the authorization of appropriations in paragraph (1) shall
remain available until expended.
SEC. 7. PUBLIC OUTREACH AND EDUCATION.
(a) In General.--The Administrator shall conduct a public outreach
and education program to increase awareness of the unique safety risks
associated with motor vehicle crashes for pregnant women and the unborn
children of such women and of the methods available to reduce such
risks. Such program shall include making information regarding the
injury-prevention value of proper safety belt and airbag use available
to the public.
(b) Targeted Outreach.--The Administrator shall carry out the
program described in subsection (a) in a manner that utilizes media and
organizational partners to effectively educate pregnant women, ensure
an overall educational impact, and efficiently utilize the program's
resources.
(c) Program Initiation and Duration.--The Administrator shall
initiate the program described in subsection (a) not later than 12
months after the date of the enactment of this Act, and shall maintain
such program for not less than 24 months, subject to the availability
of funds.
SEC. 8. INCLUSION OF SAFETY DATA IN ANNUAL ASSESSMENT.
(a) In General.--Subject to subsection (b), the Administrator shall
include a discussion of data regarding the safety of pregnant women who
are involved in motor vehicle crashes and of their unborn children,
including any relevant trends in such data, in each of the Annual
Assessment of Motor Vehicle Crashes published by the National Center
for Statistics and Analysis of the National Highway Traffic Safety
Administration or an equivalent publication of such Center.
(b) Report to Congress.--If the Administrator determines that
including the information described in subsection (a) in the Annual
Assessment of Motor Vehicle Crashes or an equivalent publication is not
feasible, the Administrator shall submit a report to the appropriate
congressional committees not later than 60 days after the date of the
release of such Annual Assessment or equivalent publication that states
the reasons that it was not feasible to include such information and an
analysis of the steps necessary to make such information available in
the future. | Maternal Motor Vehicle Crash Safety Act of 2006 - Expresses the sense of Congress with respect to the National Automotive Sampling System Crashworthiness Data System.
Directs the Administrator of the National Highway Traffic Safety Administration (NHTSA) to: (1) provide grants and other incentives to eligible entities to promote the development of data linkage systems that improve the tracking of adverse health effects and birth outcomes for pregnant women involved in motor vehicle crashes; (2) conduct a research program to promote the health and safety of such women and their unborn children; and (3) conduct a public outreach and education program to increase awareness of safety risks associated with motor vehicle crashes for such women and children and methods to reduce such risks.
Directs the Administrator to include data regarding the safety of pregnant women and their unborn children who are involved in motor vehicle crashes in the NHTSA's Annual Assessment of Motor Vehicle Crashes. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Migratory Bird Hunting and
Conservation Stamp Promotion Act of 1998''.
SEC. 2. PROMOTION OF STAMP SALES.
(a) In General.--Section 4 of the Act of March 16, 1934 (commonly
known as the ``Migratory Bird Hunting and Conservation Stamp Act'') (16
U.S.C. 718d), is amended--
(1) in subsection (b), by striking ``subsection (c) of this
section'' and inserting ``subsections (c) and (d)''; and
(2) by adding at the end the following:
``(d) Promotion of Stamp Sales.--
``(1) In general.--Subject to approval of an annual
marketing plan by the Migratory Bird Conservation Commission
established by section 2 of the Migratory Bird Conservation Act
(16 U.S.C. 715a), the Secretary of the Interior may use from
receipts from the sale of migratory bird hunting and
conservation stamps an amount not to exceed $1,000,000 for each
of fiscal years 1999 through 2003 for the promotion of
additional stamp sales.
``(2) Annual report.--The Secretary of the Interior shall--
``(A) include in each report under section 3 of the
Migratory Bird Conservation Act (16 U.S.C. 715b) a
statement of all expenditures under paragraph (1); and
``(B) provide a copy to the Migratory Bird
Conservation Commission, the Committee on Environment
and Public Works of the Senate, and the Committee on
Resources of the House of Representatives.''.
(b) Technical Amendments.--
(1) Short title.--
(A) The Act of March 16, 1934 (16 U.S.C. 718 et
seq.), is amended by adding at the end the following:
``SEC. 11. SHORT TITLE.
``This Act may be cited as the `Migratory Bird Hunting and
Conservation Stamp Act'.''.
(B) Section 4(d)(2) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C.
668dd(d)(2)) is amended in the last sentence by
striking ``Migratory Bird Hunting Stamp Act'' and
inserting ``Migratory Bird Hunting and Conservation
Stamp Act''.
(C) Section 102 of the Sikes Act (16 U.S.C. 670b)
is amended by striking ``Migratory Bird Hunting Stamp
Act as amended'' and inserting ``Migratory Bird Hunting
and Conservation Stamp Act (16 U.S.C. 718 et seq.)''.
(D) Section 203(b)(4)(A) of the Sikes Act (16
U.S.C. 670i(b)(4)(A)) is amended by striking ``Act of
March 16, 1934, commonly referred to as the Migratory
Bird Hunting Stamp Act'' and inserting ``Migratory Bird
Hunting and Conservation Stamp Act''.
(E) Section 2 of Public Law 87-383 (16 U.S.C. 715k-
4) is amended by striking ``Migratory Bird Hunting
Stamp Act of March 16, 1934, as amended'' and inserting
``Migratory Bird Hunting and Conservation Stamp Act''.
(F) Section 201 of the Emergency Wetlands Resources
Act of 1986 (16 U.S.C. 3911) is amended--
(i) in subsection (b)(1)(A), by striking
``Act of March 16, 1934 (16 U.S.C. 718b)
(commonly known as the Duck Stamp Act)'' and
inserting ``Migratory Bird Hunting and
Conservation Stamp Act (16 U.S.C. 718b)''; and
(ii) in subsection (c)(B), by striking
``Act of March 16, 1934'' and inserting
``Migratory Bird Hunting and Conservation Stamp
Act''.
(G) Section 203 of the Emergency Wetlands Resources
Act of 1986 (16 U.S.C. 3912) is amended by striking
``Act of March 16, 1934'' and inserting ``Migratory
Bird Hunting and Conservation Stamp Act''.
(H) Clause (ii) of section 504(1) of title 18,
United States Code, is amended by striking ``Migratory
Bird Hunting Stamp Act of 1934'' and inserting
``Migratory Bird Hunting and Conservation Stamp Act (16
U.S.C. 718 et seq.)''.
(I) Section 28(f) of the Act of August 13, 1954 (25
U.S.C. 564w-1(f) is amended--
(i) in the second sentence, by striking
``Migratory Bird Hunting Stamp Act of March 16,
1934, as amended (16 U.S.C. 718)'' and
inserting ``Migratory Bird Hunting and
Conservation Stamp Act (16 U.S.C. 718 et
seq.)''; and
(ii) in the third sentence, by striking
``section 4 of the Act of March 16, 1934 (48
Stat. 451), as amended or supplemented'' and
inserting ``section 4 of the Migratory Bird
Hunting and Conservation Stamp Act (16 U.S.C.
718d)''.
(2) Migratory bird hunting and conservation stamp.--
(A) The first section and section 10 of the Act of
March 16, 1934 (16 U.S.C. 718a, 718j), are amended by
striking ``migratory-bird hunting and conservation
stamp'' each place it appears and inserting ``migratory
bird hunting and conservation stamp''.
(B) Section 2(a) of the Act of March 16, 1934 (16
U.S.C. 718b(a)), is amended in the fifth sentence by
striking ``migratory-bird hunting stamps'' and
inserting ``migratory bird hunting and conservation
stamps''.
(C) Sections 4(a) and 5(c) of the Act of March 16,
1934 (16 U.S.C. 718d(a), 718e(c)), are amended by
striking ``migratory bird hunting stamps'' each place
it appears and inserting ``migratory bird hunting and
conservation stamps''.
(D) Section 5(a) of the Act of March 16, 1934 (16
U.S.C. 718e(a)), is amended by striking ``migratory-
bird hunting stamp'' and inserting ``migratory bird
hunting and conservation stamp''.
(E) Section 2(4) of the Act of September 28, 1962
(16 U.S.C. 460k-1(4)), is amended by striking
``migratory bird hunting stamps'' and inserting
``migratory bird hunting and conservation stamps''.
(F) Section 203(b)(4)(A) of the Sikes Act (16
U.S.C. 670i(b)(4)(A)) is amended by striking
``migratory bird hunting stamp'' and inserting
``migratory bird hunting and conservation stamp''.
(G) Section 3(a) of the Act of July 30, 1956 (16
U.S.C. 718b-1), is amended by striking ``migratory-bird
hunting stamps'' and inserting ``migratory bird hunting
and conservation stamps''. | Migratory Bird Hunting and Conservation Stamp Promotion Act of 1998 - Amends the Act commonly referred to as the Migratory Bird Hunting and Conservation Stamp Act to: (1) make such title the legislated short title; and (2) allow the Secretary of the Interior, subject to approval of an annual marketing plan by the Migratory Bird Conservation Commission, to use from receipts from the sale of migratory bird hunting and conservation stamps an amount not to exceed $1 million for each FY from 1999 through 2003 for the promotion of additional stamp sales.
Requires the Secretary to: (1) include in each report under the Migratory Bird Conservation Act a statement of all expenditures; and (2) provide a copy to the Commission and specified congressional committees. | [
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SECTION 1. CLEAN-FUEL VEHICLES USED BY ENTERPRISE ZONE BUSINESSES AND
RENEWAL COMMUNITY BUSINESSES.
(a) Empowerment Zones.--Part III of subchapter U of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional incentives
for empowerment zones) is amended--
(1) by redesignating subpart D as subpart E,
(2) by redesignating sections 1397C, 1397D, 1397E, and
1397F as sections 1397D, 1397E, 1397F, and 1397G, respectively,
and
(3) by inserting after subpart C the following new subpart:
``Subpart D--Incentives for Clean-Fuel Vehicles
``Sec. 1397C. Incentives for clean-fuel
vehicles.
``SEC. 1397C. INCENTIVES FOR CLEAN-FUEL VEHICLES.
``(a) Zone Clean Fuels Credit.--For purposes of section 38, in the
case of an eligible enterprise zone business, the amount of the zone
clean fuels credit determined under this section for the taxable year
is the sum of--
``(1) the zone clean-fuel property credit, and
``(2) the zone clean-burning fuel use credit.
``(b) Zone Clean-Fuel Property Credit.--
``(1) In general.--The zone clean-fuel property credit is
the cost of--
``(A) qualified clean-fuel vehicle property, plus
``(B) qualified clean-fuel vehicle refueling
property.
The credit under this section with respect to any property
shall be allowed for the taxable year in which such property is
placed in service by the eligible enterprise zone business.
``(2) Limitations.--
``(A) Qualified clean-fuel vehicle property.--The
cost which may be taken into account under paragraph
(1)(A) with respect to any motor vehicle shall not
exceed--
``(i) $2,000 in the case of a motor vehicle
not described in clause (ii) or (iii),
``(ii) $5,000 in the case of any truck or
van with a gross vehicle weight rating greater
than 10,000 pounds but not greater than 26,000
pounds, or
``(iii) $50,000 in the case of--
``(I) a truck or van with a gross
vehicle weight rating greater than
26,000 pounds, or
``(II) any bus which has a seating
capacity of at least 20 adults (not
including the driver).
``(B) Qualified clean-fuel vehicle refueling
property.--
``(i) In general.--The aggregate cost which
may be taken into account under paragraph
(1)(B) with respect to qualified clean-fuel
vehicle refueling property placed in service by
the eligible enterprise zone business during
the taxable year at a location shall not exceed
the lesser of--
``(I) $100,000, or
``(II) the cost of such property
reduced by the amount described in
clause (ii).
``(ii) Reduction for amounts previously
taken into account.--For purposes of clause
(i)(II), the amount described in this clause is
the sum of--
``(I) the aggregate amount taken
into account under paragraph (1)(B) for
all preceding taxable years, and
``(II) the aggregate amount taken
into account under section
179A(a)(1)(B) by the taxpayer (or any
related person or predecessor) with
respect to property placed in service
at such location for all preceding
taxable years.
``(iii) Special rules.--For purposes of
this subparagraph, the provisions of
subparagraphs (B) and (C) of section 179A(b)(2)
shall apply.
``(c) Zone Clean-Burning Fuel Use Credit.--The zone clean-burning
fuel use credit is the amount equal to 50 cents for each gasoline
gallon equivalent of clean-burning fuel used by an eligible enterprise
zone business during the taxable year to propel qualified clean-fuel
vehicle property.
``(d) Definitions.--For purposes of this section--
``(1) Eligible enterprise zone business.--The term
`eligible enterprise zone business' means--
``(A) an enterprise zone business (as defined in
section 1397D) located within an area that is an
empowerment zone or enterprise community and that is
within a nonattainment area (within the meaning of
section 171 of the Clean Air Act (42 U.S.C. 7501)), and
``(B) a trade or business located outside of an
empowerment zone or enterprise community, but only with
respect to qualified clean-fuel vehicle property used
substantially within an area that is an empowerment
zone or enterprise community and that is within a
nonattainment area (within the meaning of section 171
of the Clean Air Act (42 U.S.C. 7501)).
For purposes of this paragraph, section 1397D shall be applied
by substituting `empowerment zone or enterprise community' for
`empowerment zone' each place it appears.
``(2) Clean-burning fuel.--The term `clean-burning fuel'
has the meaning given to such term by section 179A, except that
such term includes compressed natural gas.
``(3) Qualified clean-fuel vehicle property.--The term
`qualified clean-fuel vehicle property' has the meaning given
to such term by section 179A(c) without regard to paragraph (3)
thereof, except that such term does not include property that
is a motor vehicle propelled by a fuel that is not a clean-
burning fuel.
``(4) Qualified clean-fuel vehicle refueling property.--The
term `qualified clean-fuel vehicle refueling property' has the
meaning given to such term by section 179A(d).
``(5) Gasoline gallon equivalent.--The term `gasoline
gallon equivalent' means, with respect to any clean burning
fuel, the amount (determined by the Secretary) of such fuel
having a Btu content of 114,000.
``(e) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or credit is
allowed under any other provision of this chapter.''.
(b) Renewal Communities.--Part III of subchapter X of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional incentives
for renewal communities) is amended by adding at the end the following
new section:
``SEC. 1400K. RENEWAL COMMUNITY CLEAN FUELS CREDIT.
``(a) In General.--For purposes of section 1397C--
``(1) a renewal community shall be treated as an
empowerment zone,
``(2) a renewal community business shall be treated as an
enterprise zone business, and
``(3) qualified renewal property shall be treated as
qualified zone property.''.
(c) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (11), by striking
the period at the end of paragraph (12) and inserting ``, plus'', and
by adding at the end thereof the following new paragraph:
``(13) the zone clean fuels credit determined under section
1397C.''.
(d) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end thereof the following new subsection:
``(d) Zone Clean Fuels Expenses.--No deduction shall be allowed for
that portion of expenses for clean-burning fuel otherwise allowable as
a deduction for the taxable year which is equal to the amount of the
credit determined for such taxable year under section 1397C.''.
(e) Credit Allowed Against Regular and Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of such Code
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (3) as paragraph (4) and by inserting
after paragraph (2) the following new paragraph:
``(3) Special rules for zone clean fuels credit.--
``(A) In general.--In the case of the zone clean
fuels credit--
``(i) this section and section 39 shall be
applied separately with respect to the credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) subparagraph (A) thereof
shall not apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the zone clean
fuels credit).
``(B) Zone clean fuels credit.--For purposes of
this subsection, the term `zone clean fuels credit'
means the credit allowable under subsection (a) by
reason of section 1397B.''.
(2) Conforming amendment.--Subclause (II) of section
38(c)(2)(A)(ii) of such Code is amended by inserting ``or the
zone clean fuels credit'' after ``employment credit''.
(f) Limitation on Carryback.--Subsection (d) of section 39 of such
Code is amended by adding at the end the following new paragraph:
``(9) No carryback of zone clean fuels credit before
effective date.--No portion of the unused business credit for
any taxable year which is attributable to the credit determined
under section 1397C may be carried back to any taxable year
ending before the date of the enactment of section 1397C.''.
(g) Deduction for Certain Unused Business Credits.--Subsection (c)
of section 196 of such Code is amended by striking ``and'' at the end
of paragraph (7), by striking the period at the end of paragraph (8)
and inserting ``, and'', and by adding after paragraph (8) the
following new paragraph:
``(9) the empowerment zone clean fuels credit determined
under section 1397C.''.
(h) Conforming Amendments.--
(1) Paragraph (2) of section 1394(b) of such Code is
amended--
(A) by striking ``section 1397D'' and inserting
``section 1397E'', and
(B) by striking ``section 1397D(a)(2)'' and
inserting ``section 1397E(a)(2)''.
(2) Paragraph (3) of section 1394(b) of such Code is
amended--
(A) by striking ``section 1397C'' each place it
appears and inserting ``section 1397D'', and
(B) by striking ``section 1397C(d)'' and inserting
``section 1397D(d)''.
(3) Paragraph (3) of section 1394(f) of such Code is
amended by striking ``sections 1397C and 1397D'' both places it
appears and inserting ``sections 1397D and 1397E''.
(4) Section 1397B(b)(1)(A)(ii) of such Code is amended by
striking ``section 1397C'' and inserting ``section 1397D''.
(5) Sections 1400(e), 1400B(c), and 1400G of such Code are
each amended by striking ``section 1397C'' each place it
appears and inserting ``section 1397D''.
(6) Section 1400J(b) of such Code is amended by striking
``section 1397D'' each place it appears and inserting ``section
1397E''.
(7) Section 45D(d) of such Code is amended--
(A) in paragraph (2)(A)(v) by striking ``section
1397C(e)'' and inserting ``section 1397D(e)'', and
(B) in paragraph (3) by striking ``section
1397C(d)'' and inserting ``section 1397D(d)''.
(8) Section 1202(a)(2) of such Code is amended by striking
``section 1397C(b)'' and inserting ``section 1397D(b)''.
(9) The table of subparts for part III of subchapter U of
chapter 1 of such Code is amended by striking the last item and
inserting the following new items:
``Subpart D. Incentives for Clean-Fuel
Vehicles.
``Subpart E. General provisions.''.
(10) The table of sections for subpart E of such part III
is amended to read as follows:
``Sec. 1397E. Enterprise zone business
defined.
``Sec. 1397E. Qualified zone property
defined.''.
(11) The table of sections for part III of subchapter X of
chapter 1 of such Code is amended by adding at the end the
following new item:
``Sec. 1400K. Renewal community clean
fuels credit.''.
(i) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2000. | Amends the Internal Revenue Code to establish credits for the use of clean-fuel vehicles by businesses within empowerment zones, enterprise communities, and renewal communities. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hide No Harm Act of 2015''.
SEC. 2. CRIMINAL PENALTIES.
(a) In General.--Part I of title 18, United States Code, is amended
by inserting after chapter 101 the following:
``CHAPTER 101A--REPORTING STANDARDS
``Sec.
``2081. Definitions.
``2082. Failure to inform and warn.
``2083. Relationship to existing law.
``Sec. 2081. Definitions
``In this chapter--
``(1) the term `appropriate Federal agency' means an agency
with jurisdiction over a covered product, covered service, or
business practice;
``(2) the term `business entity' means a corporation,
company, association, firm, partnership, sole proprietor, or
other business entity;
``(3) the term `business practice' means a method or
practice of--
``(A) manufacturing, assembling, designing,
researching, importing, or distributing a covered
product;
``(B) conducting, providing, or preparing to
provide a covered service; or
``(C) otherwise carrying out business operations
relating to covered products or covered services;
``(4) the term `covered product' means a product
manufactured, assembled, designed, researched, imported, or
distributed by a business entity that enters interstate
commerce;
``(5) the term `covered service' means a service conducted
or provided by a business entity that enters interstate
commerce;
``(6) the term `responsible corporate officer' means a
person who--
``(A) is an employer, director, or officer of a
business entity;
``(B) has the responsibility and authority, by
reason of his or her position in the business entity
and in accordance with the rules or practice of the
business entity, to acquire knowledge of any serious
danger associated with a covered product (or component
of a covered product), covered service, or business
practice of the business entity; and
``(C) has the responsibility, by reason of his or
her position in the business entity, to communicate
information about the serious danger to--
``(i) an appropriate Federal agency;
``(ii) employees of the business entity; or
``(iii) individuals, other than employees
of the business entity, who may be exposed to
the serious danger;
``(7) the term `serious bodily injury' means an impairment
of the physical condition of an individual, including as a
result of trauma, repetitive motion, or disease, that--
``(A) creates a substantial risk of death; or
``(B) causes--
``(i) serious permanent disfigurement;
``(ii) unconsciousness;
``(iii) extreme pain; or
``(iv) permanent or protracted loss or
impairment of the function of any bodily
member, organ, bodily system, or mental
faculty;
``(8) the term `serious danger' means a danger, not readily
apparent to a reasonable person, that the normal or reasonably
foreseeable use of, or the exposure of an individual to, a
covered product, covered service, or business practice has an
imminent risk of causing death or serious bodily injury to an
individual; and
``(9) the term `warn affected employees' means take
reasonable steps to give, to each individual who is exposed or
may be exposed to a serious danger in the course of work for a
business entity, a description of the serious danger that is
sufficient to make the individual aware of the serious danger.
``Sec. 2082. Failure to inform and warn
``(a) Requirement.--After acquiring actual knowledge of a serious
danger associated with a covered product (or component of a covered
product), covered service, or business practice of a business entity, a
business entity and any responsible corporate officer with respect to
the covered product, covered service, or business practice, shall--
``(1) as soon as practicable and not later than 24 hours
after acquiring such knowledge, verbally inform an appropriate
Federal agency of the serious danger, unless the business
entity or responsible corporate officer has actual knowledge
that an appropriate Federal agency has been so informed;
``(2) not later than 15 days after acquiring such
knowledge, inform an appropriate Federal agency in writing of
the serious danger, unless the business entity or responsible
corporate officer has actual knowledge than an appropriate
Federal agency has been so informed;
``(3) as soon as practicable, warn affected employees in
writing, unless the business entity or responsible corporate
officer has actual knowledge that affected employees have been
so warned; and
``(4) as soon as practicable, inform individuals, other
than affected employees, who may be exposed to the serious
danger of the serious danger if such individuals can reasonably
be identified, unless the business entity or responsible
corporate officer has actual knowledge that such individuals
have been warned.
``(b) Penalty.--
``(1) In general.--Whoever knowingly violates subsection
(a) shall be fined under this title, imprisoned for not more
than 5 years, or both.
``(2) Prohibition of payment by business entities.--If a
final judgment is rendered and a fine is imposed on an
individual under this subsection, the fine may not be paid,
directly or indirectly, out of the assets of any business
entity on behalf of the individual.
``(c) Civil Action To Protect Against Retaliation.--
``(1) Prohibition.--It shall be unlawful to knowingly
discriminate against any person in the terms or conditions of
employment, in retention in employment, or in hiring because
the person informed a Federal agency, warned employees, or
informed other individuals of a serious danger associated with
a covered product, covered service, or business practice, as
required under this section.
``(2) Enforcement action.--
``(A) In general.--A person who alleges discharge
or other discrimination by any person in violation of
paragraph (1) may seek relief under paragraph (3), by--
``(i) filing a complaint with the Secretary
of Labor; or
``(ii) if the Secretary has not issued a
final decision within 180 days of the filing of
the complaint and there is no showing that such
delay is due to the bad faith of the claimant,
bringing an action at law or equity for de novo
review in the appropriate district court of the
United States, which shall have jurisdiction
over such an action without regard to the
amount in controversy.
``(B) Procedure.--
``(i) In general.--An action under
subparagraph (A)(i) shall be governed under the
rules and procedures set forth in section
42121(b) of title 49.
``(ii) Exception.--Notification made under
section 42121(b)(1) of title 49 shall be made
to the person named in the complaint and to the
employer.
``(iii) Burdens of proof.--An action
brought under subparagraph (A)(ii) shall be
governed by the legal burdens of proof set
forth in section 42121(b) of title 49.
``(iv) Statute of limitations.--An action
under subparagraph (A) shall be commenced not
later than 180 days after the date on which the
violation occurs, or after the date on which
the employee became aware of the violation.
``(v) Jury trial.--A party to an action
brought under subparagraph (A)(ii) shall be
entitled to trial by jury.
``(3) Remedies.--
``(A) In general.--An employee prevailing in any
action under paragraph (2)(A) shall be entitled to all
relief necessary to make the employee whole.
``(B) Compensatory damages.--Relief for any action
under subparagraph (A) shall include--
``(i) reinstatement with the same seniority
status that the employee would have had, but
for the discrimination;
``(ii) the amount of back pay, with
interest; and
``(iii) compensation for any special
damages sustained as a result of the
discrimination, including litigation costs,
expert witness fees, and reasonable attorney
fees.
``(4) Rights retained by employee.--Nothing in this
subsection shall be deemed to diminish the rights, privileges,
or remedies of any employee under any Federal or State law, or
under any collective bargaining agreement.
``(5) Nonenforceability of certain provisions waiving
rights and remedies or requiring arbitration of disputes.--
``(A) Waiver of rights and remedies.--The rights
and remedies provided for in this subsection may not be
waived by any agreement, policy form, or condition of
employment, including by a predispute arbitration
agreement.
``(B) Predispute arbitration agreements.--No
predispute arbitration agreement shall be valid or
enforceable, if the agreement requires arbitration of a
dispute arising under this subsection.
``Sec. 2083. Relationship to existing law
``(a) Rights To Intervene.--Nothing in this chapter shall be
construed to limit the right of any individual or group of individuals
to initiate, intervene in, or otherwise participate in any proceeding
before a regulatory agency or court, nor to relieve any regulatory
agency, court, or other public body of any obligation, or affect its
discretion to permit intervention or participation by an individual or
a group or class of consumers, employees, or citizens in any proceeding
or activity.
``(b) Rule of Construction.--Nothing in this chapter shall be
construed to--
``(1) increase the time period for informing of a serious
danger or other harm under any other provision of law; or
``(2) limit or otherwise reduce the penalties for any
violation of Federal or State law under any other provision of
law.''.
(b) Technical and Conforming Amendment.--The table of chapters for
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 101 the following:
``101A. Reporting standards................................ 2081''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date that is 1 year after the date of
enactment of this Act. | Hide No Harm Act of 2015 This bill amends the federal criminal code to make it a crime for a business entity or business executive to knowingly conceal information about its business practices or products that pose an imminent risk of death or serious physical injury to consumers and workplace danger. Specific requirements are set forth for what a business entity or business executive must do after acquiring knowledge of a serious danger associated with its business practices or products. If such an entity or executive fails to warn affected employees and other individuals of a serious danger, they are subject to a fine and/or prison term of five years. The bill makes it unlawful to knowingly discriminate or retaliate against an employee (i.e., a whistleblower) who warns other agencies or individuals of a serious danger associated with a product or service. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Television Violence Reduction
Through Parental Empowerment Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) To the fullest extent possible, parents should be
empowered with the technology to choose to block the display on
their televisions of programs they consider too violent for
their children.
(2) Violence now touches the lives of American children
more than adults. From 1982 through 1984, teenagers were the
victims of 1,800,000 violent crimes, twice the annual rate of
the adult population over age 20. According to the American
Academy of Pediatrics, one of every 8 deaths among children age
10-14 years old in 1990 was caused by a shooting. Among
teenagers and young adults, that figure rose to one of every
four deaths.
(3) Children watch an extensive amount of television. It is
estimated that a child watches approximately 22,000 hours of
television before finishing high school, almost twice the
amount of time spent in the classroom.
(4) The amount of violence on television has reached
epidemic levels. The American Psychological Association
estimates that the average child witnesses 8,000 murders and
100,000 acts of violence before finishing elementary school.
(5) Three Surgeon Generals, the National Institute of
Mental Health, the Centers for Disease Control, the American
Medical Association, the American Academy of Pediatrics, and
the American Psychological Association have concurred for
nearly 20 years as to the deleterious effects of television
violence on children.
(6) Despite periodic television industry efforts to reduce
the amount of television violence, reductions in the level of
televised violence have never been long lasting.
(7) Parents who are working are unable to constantly
monitor the television viewing habits of their children.
Advanced television technologies such as channel compression
and digitization will allow the expansion of channel capacity
to levels even more unmanageable for parents who want to
protect their children from televised violence.
(8) The major broadcast networks and a large number of
cable channels have agreed to place parental advisories on
programs they consider to be too violent for children. These
parental advisories are of limited use to parents if they are
not watching television with their children.
(9) The technology currently exists to equip television
sets at a nominal cost to permit parents to block the display
of television programs they consider too violent for children.
However, this technology will only be effective (A) if all
television programmers send any adopted rating or warning
system electronically with the program signal, and (B) parents
are able to block the display not only of individual programs
but to block out automatically and simultaneously all programs
with such rating.
(10) Congress calls upon the broadcast networks,
independent television stations, cable programmers, and
satellite programmers to protect the parental right to guide
the television viewing habits of children by sending any
adopted rating or warning system electronically with the
program signal.
SEC. 3. EQUIP TELEVISIONS TO BLOCK PROGRAMS.
Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is
amended by adding at the end thereof the following:
``(v) Require that (1) apparatus designed to receive television
signals be equipped with circuitry designed to enable viewers to block
the display of channels, programs, and time slots; and (2) such
apparatus enable viewers to block display of all programs with a common
rating. The requirements of this subsection shall apply when such
apparatus is manufactured in the United States or imported for use in
the United States, and its television picture screen is 13 inches or
greater in size, measured diagonally.''.
SEC. 4. SHIPPING OR IMPORTING.
(a) Regulations.--Section 330 of the Communications Act of 1934 (47
U.S.C. 330) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by adding after subsection (b) the following new
section:
``(c) No person shall ship in interstate commerce, manufacture,
assemble, or import from any foreign country into the United States,
any apparatus described in section 303(v) of this Act except in
accordance with rules prescribed by the Commission pursuant to the
authority granted by that section. Such rules shall provide performance
standards for such blocking technology. Such rules shall further
require that all such apparatus be able to receive the rating signals
which have been transmitted by way of line 21 of the vertical blanking
interval and which conform to the signal and blocking specifications
established by the Commission. As new video technology is developed,
the Commission shall take such action as the Commission determines
appropriate to ensure that blocking service continues to be available
to consumers. This subsection shall not apply to carriers transporting
such apparatus without trading it.''.
(b) Conforming Amendment.--Section 330(d) of such Act, as
redesignated by this Act, is amended by striking ``section 303(s), and
section 303(u)'' and inserting in lieu thereof ``and sections 303(s),
303(u), and 303(v)''.
SEC. 5. EFFECTIVE DATE.
The amendments made by sections 3 and 4 of this Act shall take
effect one year after enactment of this Act.
SEC. 6. RULES.
The Federal Communications Commission shall promulgate rules to
implement the amendments made by this Act within 180 days after the
date of its enactment. | Television Violence Reduction Through Parental Empowerment Act of 1993 - Amends the Communications Act of 1934 to require that any television with a screen of at least 13 inches which is manufactured, or imported for use, in the United States be equipped with circuitry designed to enable viewers to block the display of channels, programs, time slots, and all programs with a common rating.
Prohibits shipping in interstate commerce, manufacturing, assembling, or importing any such television except pursuant to rules prescribed by the Federal Communications Commission (FCC). Requires such rules to provide performance and display standards for such blocking technology.
Directs the FCC, as new video technology is developed, to ensure that blocking service continues to be available to consumers. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayers Right to Know Act''.
SEC. 2. REQUIREMENTS RELATING TO ANNUAL REPORT ON COST OF, PERFORMANCE
BY, AND AREAS FOR IMPROVEMENTS FOR GOVERNMENT PROGRAMS.
(a) Requirement To Identify and Describe Programs.--Each fiscal
year, for purposes of the report required by subsection (b), the head
of each agency shall--
(1) identify and describe every program administered by the
agency;
(2) for each such program--
(A) determine the total administrative expenses of
the program;
(B) determine the expenditures for services for the
program;
(C) estimate the number of clients served by the
program and beneficiaries who received assistance under
the program (if applicable); and
(D) estimate--
(i) the number of full-time employees who
administer the program; and
(ii) the number of full-time equivalents
(whose salary is paid in part or full by the
Federal Government through a grant or contract,
a subaward of a grant or contract, a
cooperative agreement, or another form of
financial award or assistance) who assist in
administering the program; and
(3) identify programs within the Federal Government
(whether inside or outside the agency) with duplicative or
overlapping missions, services, and allowable uses of funds.
(b) Relationship to Catalog of Domestic Assistance.--With respect
to the requirements of subsections (a)(1) and (a)(2)(B), the head of an
agency may use the same information provided in the catalog of domestic
and international assistance programs in the case of any program that
is a domestic or international assistance program.
(c) Report.--Not later than February 1 of each fiscal year, the
head of each agency shall publish on the official public website of the
agency a report containing the following:
(1) The information required under subsection (a) with
respect to the preceding fiscal year.
(2) The latest performance reviews (including the program
performance reports required under section 1116 of title 31,
United States Code) of each program of the agency identified
under subsection (a)(1), including performance indicators,
performance goals, output measures, and other specific metrics
used to review the program and how the program performed on
each.
(3) For each program that makes payments, the latest
improper payment rate of the program and the total estimated
amount of improper payments, including fraudulent payments and
overpayments.
(4) The total amount of unspent and unobligated program
funds held by the agency and grant recipients (not including
individuals) stated as an amount--
(A) held as of the beginning of the fiscal year in
which the report is submitted; and
(B) held for five fiscal years or more.
(5) Such recommendations as the head of the agency
considers appropriate--
(A) to consolidate programs that are duplicative or
overlapping;
(B) to eliminate waste and inefficiency; and
(C) to terminate lower priority, outdated, and
unnecessary programs and initiatives.
(d) Definitions.--In this Act:
(1) Administrative expenses.--The term ``administrative
costs'' has the meaning as determined by the Director of the
Office of Management and Budget under section 504(b)(2) of
Public Law 111-85 (31 U.S.C. 1105 note), except the term shall
also include, for purposes of that section and this section,
with respect to an agency--
(A) costs incurred by the agency as well as costs
incurred by grantees, subgrantees, and other recipients
of funds from a grant program or other program
administered by the agency; and
(B) expenses related to personnel salaries and
benefits, property management, travel, program
management, promotion, reviews and audits, case
management, and communication about, promotion of, and
outreach for programs and program activities
administered by the agency.
(2) Services.--The term ``services'' has the meaning
provided by the Director of the Office of Management and Budget
and shall be limited to only activities, assistance, and aid
that provide a direct benefit to a recipient, such as the
provision of medical care, assistance for housing or tuition,
or financial support (including grants and loans).
(3) Agency.--The term ``agency'' has the same meaning given
that term in section 551(1) of title 5, United States Code,
except that the term also includes offices in the legislative
branch other than the Government Accountability Office.
(4) Performance indicator, performance goal, output
measure, program activity.--The terms ``performance
indicator'', ``performance goal'', ``output measure'', and
``program activity'' have the meanings provided by section 1115
of title 31, United States Code.
(5) Program.--The term ``program'' has the meaning provided
by the Director of the Office of Management and Budget and
shall include, with respect to an agency, any organized set of
activities directed toward a common purpose or goal undertaken
by the agency that includes services, projects, processes, or
financial or other forms of assistance, including grants,
contracts, cooperative agreements, compacts, loans, leases,
technical support, consultation, or other guidance.
SEC. 3. AMENDMENTS TO CATALOG OF FEDERAL DOMESTIC ASSISTANCE PROGRAMS.
(a) Addition of International Assistance Programs.--
(1) In general.--Section 6101 of title 31, United States
Code, is amended by adding at the end the following:
``(7) The term `international assistance' has the meaning
provided by the Director of the Office of Management and Budget
and shall include, with respect to an agency, assistance
including grants, contracts, compacts, loans, leases, and other
financial and technical support to--
``(A) foreign nations;
``(B) international organizations;
``(C) services provided by programs administered by
any agency outside of the territory of the United
States; and
``(D) services funded by any agency provided in
foreign nations or outside of the territory of the
United States by non-governmental organizations and
entities.
``(8) The term `assistance program' means each of the
following:
``(A) A domestic assistance program.
``(B) An international assistance program.''.
(2) Conforming amendments.--
(A) Section 6102 of title 31, Untied States Code,
is amended--
(i) in subsection (a), in the matter
preceding paragraph (1), by striking
``domestic'' both places it appears; and
(ii) in subsection (b), by striking
``domestic''.
(B) Section 6104 of such title is amended--
(i) in subsections (a) and (b), by
inserting ``and international assistance''
after ``domestic assistance'' each place it
appears; and
(ii) in the section heading, by inserting
``and international'' after ``domestic''.
(b) Additional Information Required To Be Included Catalog.--
Section 6104(b) of title 31, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(4) the information required in paragraphs (1) through
(4) of subsection (b) of the Taxpayers Right to Know Act;
``(5) the budget function or functions applicable to each
assistance program contained in the catalog;
``(6) with respect to each assistance program in the
catalog, an electronic link to the annual report required by
section 2(b) of the Taxpayers Right to Know Act by the agency
that carries out the assistance program; and
``(7) the authorization and appropriation amount provided
by law for each assistance program in the catalog in the
current fiscal year, and a notation if the program is not
authorized in the current year, has not been authorized in law,
or does not receive a specific line item appropriation.''.
(c) Report Related to Compliance With Catalog Requirements.--
Section 6104 of title 31, United States Code, is further amended by
adding at the end the following new subsection:
``(e) Compliance.--On the website of the catalog of Federal
domestic and international assistance information, the Administrator
shall provide the following:
``(1) Contact information.--The title and contact
information for the person in each agency responsible for the
implementation, compliance, and quality of the data in the
catalog.
``(2) Report.--An annual report compiled by the
Administrator of domestic assistance programs, international
assistance programs, and agencies with respect to which the
requirements of this chapter are not met.''.
(d) Bulk Downloads of Data.--Section 6103 of such title is amended
by adding at the end the following new subsection:
``(d) Bulk Downloads.--The information in the catalog of domestic
and international assistance under section 6104 of this title shall be
available on a regular basis through bulk downloads from the website of
the catalog.''.
(e) Revision to Agency Definition.--Section 6101(2) of such title
is amended by inserting before the period at the end the following:
``except such term also includes offices in the legislative branch
other than the Government Accountability Office''.
SEC. 4. REGULATIONS AND IMPLEMENTATION.
(a) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall prescribe regulations to implement this Act.
(b) Implementation.--This Act shall be implemented beginning with
the first full fiscal year occurring after the date of the enactment of
this Act. | Taxpayers Right to Know Act - Requires the head of each federal agency in each fiscal year to: (1) identify and describe every program administered by such agency; (2) determine the total administrative expenses and expenditures for services for each program; (3) estimate the number of clients served by each program and the beneficiaries who received assistance under each program; (4) estimate the number of full-time federal and contract employees who administer each program; and (5) identify federal programs with duplicative or overlapping missions, services, and allowable uses of funds.
Requires agency heads to publish on agency websites the information required by this Act, the latest performance reviews of each agency program, improper payment rates, the total amount of unspent and unobligated program funds held by the agency and grant recipients, and recommendations for consolidating duplicative programs, eliminating waste and inefficiency, and terminating lower priority, outdated, and unnecessary programs and initiatives.
Expands the scope of information required in the Catalog of Federal Domestic Assistance to include: (1) programs providing assistance to foreign nations, international organizations, and services provided or funded by agencies operating outside the United States; (2) information required by this Act; and (3) budget functions and authorization and appropriation amounts for each assistance program in the Catalog. | [
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] |
TITLE I--RETAILER INTEGRITY
authority to establish authorization periods
Sec. 101. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2018(a)(1)) is amended by adding at the end the following new sentence:
``The Secretary is authorized to issue regulations establishing
specific time periods during which authorization to accept and redeem
coupons under the Food Stamp Program shall be valid.''.
specific period for prohibiting participation of stores based on lack
of business integrity
Sec. 102. Section 9(a)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2018(a)(1)), as previously amended by this Act, is amended by adding at
the end thereof the following new sentences: ``The Secretary is
authorized to issue regulations establishing specific time periods
during which a retail food store or wholesale food concern that has an
application for approval to accept and redeem coupons denied or that
has such an approval withdrawn on the basis of business integrity and
reputation cannot submit a new application for approval. Such periods
shall reflect the severity of business integrity infractions that are
the basis of such denials or withdrawals.''.
information for verifying eligibility for authorization
Sec. 103. Section 9(c) of the Food Stamp Act of 1977 (7 U.S.C.
2018(c)) is amended by--
(1) inserting after ``submit information'' in the first
sentence the following: ``, which may include relevant income
and sales tax filing documents,''; and
(2) inserting after the first sentence the following new
sentence: ``The regulations may require retail food stores and
wholesale food concerns to provide written authorization for
the Secretary to verify all relevant tax filings with
appropriate agencies and to obtain corroborating documentation
from other sources in order that the accuracy of information
provided by such stores and concerns may be verified.''.
waiting period for stores that initially fail to meet authorization
criteria
Sec. 104. Section 9(d) of the Food Stamp Act of 1977 (7 U.S.C.
2018(d)) is amended by adding at the end thereof the following new
sentence: ``Regulations issued pursuant to this Act shall prohibit a
retail food store or wholesale food concern that has an application for
approval to accept and redeem coupons denied because it does not meet
criteria for approval established by the Secretary in regulations from
submitting a new application for six months from the date of such
denial.''.
bases for suspensions and disqualifications
Sec. 105. Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C.
2021(a)) is amended by adding at the end thereof the following new
sentence: ``Regulations issued pursuant to this Act shall provide
criteria for the finding of violations and the suspension or
disqualification of a retail food store or wholesale food concern on
the basis of evidence which may include, but is not limited to, facts
established through on-site investigations, inconsistent redemption
data or evidence obtained through transaction reports under electronic
benefit transfer systems.''.
authority to suspend stores violating program requirements pending
administrative and judicial review
Sec. 106. (a) Section 12(a) of the Food Stamp Act of 1977 (7 U.S.C.
2021(a)), as previously amended by this Act, is amended by adding at
the end thereof the following new sentences: ``Such regulations may
establish criteria under which the authorization of a retail food store
or wholesale food concern to accept and redeem coupons may be suspended
at the time such store or concern is initially found to have committed
violations of program requirements. Such suspension may coincide with
the period of a review as provided in section 14 of this Act. The
Secretary shall not be liable for the value of any sales lost during
any suspension or disqualification period.''.
(b) Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C. 2023(a))
is amended by--
(1) inserting in the first sentence immediately before
``disqualified or subjected'' the word ``suspended,'';
(2) inserting immediately before the period at the end of
the fifth sentence ``: Provided, That notwithstanding any other
provision of law, in the case of the suspension of a retail
food store or wholesale food concern pursuant to section 12(a)
of this Act, such suspension shall remain in effect pending any
administrative or judicial review of the proposed
disqualification action and the period of suspension shall be
deemed a part of any period of disqualification which is
imposed.''; and
(3) striking the last sentence.
disqualification of retailers who are disqualified from the wic program
Sec. 107. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021)
is amended by adding the following new subsection:
``(g) The Secretary shall issue regulations providing criteria for
the disqualification of approved retail food stores and wholesale food
concerns that are otherwise disqualified from accepting benefits under
the Special Supplemental Nutrition Program for Women, Infants and
Children (WIC) authorized under section 17 of the Child Nutrition Act
of 1966. Such disqualification (1) shall be for the same period as the
disqualification from the WIC Program, (2) may begin at a later date,
and (3) notwithstanding the provisions of section 14 of this Act, shall
not be subject to administrative or judicial review.''.
permanent debarment of retailers who intentionally submit falsified
applications
Sec. 108. Section 12 of the Food Stamp Act of 1977 (7 U.S.C. 2021)
is amended by adding the following new subsection:
``(h) The Secretary shall issue regulations providing for the
permanent disqualification of a retail food store or wholesale food
concern that is determined to have knowingly submitted an application
for approval to accept and redeem coupons which contains false
information about one or more substantive matters which were the basis
for providing approval. Any disqualification imposed under this
subsection shall be subject to administrative and judicial review
pursuant to section 14 of this Act but such disqualification shall
remain in effect pending such review.''.
expanded civil and criminal forfeiture for violations of the food stamp
act
Sec. 109. (a) Forfeiture of Items Exchanged in Food Stamp
Trafficking.--Section 15(g) of the Food Stamp Act of 1977 (7 U.S.C.
2024(g)) is amended by striking ``or intended to be furnished.''
(b) Civil and Criminal Forfeiture.--Section 15 of the Food Stamp
Act of 1977 (7 U.S.C. 2024)) is amended by adding the following new
subsection:
``(h)(1) Civil Forfeiture for Food Stamp Benefit Violations.--
``(A) Any food stamp benefits and any property, real or
personal--
``(i) constituting, derived from, or traceable to
any proceeds obtained directly or indirectly from, or
``(ii) used, or intended to be used, to commit, or
to facilitate,
the commission of a violation of subsection (b) or subsection
(c) of this section involving food stamp benefits having an
aggregate value of not less than $5,000, shall be subject to
forfeiture to the United States.
``(B) The provisions of chapter 46 of title 18, relating to
civil forfeitures shall extend to a seizure or forfeiture under
this subsection, insofar as applicable and not inconsistent
with the provisions of this subsection.
``(2) Criminal Forfeiture for Food Stamp Benefit Violations.--
``(A)(i) Any person convicted of violating subsection (b)
or subsection (c) of this section involving food stamp benefits
having an aggregate value of not less than $5,000, shall
forfeit to the United States, irrespective of any State law--
``(I) any food stamp benefits and any property
constituting, or derived from, or traceable to any
proceeds such person obtained directly or indirectly as
a result of such violation; and
``(II) any food stamp benefits and any of such
person's property used, or intended to be used, in any
manner or part, to commit, or to facilitate the
commission of such violation.
``(ii) In imposing sentence on such person, the court shall
order that the person forfeit to the United States all property
described in this subsection.
``(B) All food stamp benefits and any property subject to
forfeiture under this subsection, any seizure and disposition
thereof, and any administrative or judicial proceeding relating
thereto, shall be governed by subsections (b), (c), (e), and
(g) through (p) of section 413 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 853), insofar as
applicable and not inconsistent with the provisions of this
subsection.
``(3) This subsection shall not apply to property specified in
subsection (g) of this section.
``(4) The Secretary may prescribe such rules and regulations as may
be necessary to carry out this subsection.''.
expanded authority for sharing information provided by retailers
Sec. 110. (a) Section 205(c)(2)(C)(iii) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)(iii)) (as amended by section 316(a) of the
Social Security Administrative Reform Act of 1994 (Public Law 103-296;
108 Stat. 1464) is amended by--
(1) inserting in the first sentence of subclause (II)
immediately after ``instrumentality of the United States'' the
following: ``, or State government officers and employees with
law enforcement or investigative responsibilities, or State
agencies that have the responsibility for administering the
Special Supplemental Nutrition Program for Women, Infants and
Children (WIC)'';
(2) inserting in the last sentence of subclause (II)
immediately after ``other Federal'' the words ``or State''; and
(3) inserting ``or a State'' in subclause (III) immediately
after ``United States''.
(b) Section 6109(f)(2) of the Internal Revenue Code of 1986 (26
U.S.C. 6109(f)(2)) (as added by section 316(b) of the Social Security
Administrative Reform Act of 1994 (Public Law 103-296; 108 Stat. 1464)
is amended by--
(1) inserting in subparagraph (A) immediately after
``instrumentality of the United States'' the following: ``, or
State government officers and employees with law enforcement or
investigative responsibilities, or State agencies that have the
responsibility for administering the Special Supplemental
Nutrition Program for Women, Infants and Children (WIC)'';
(2) inserting in the last sentence of subparagraph (A)
immediately following ``other Federal'' the words ``or State'';
and
(3) inserting ``or a State'' in subparagraph (B)
immediately after ``United States''.
expanded definition of ``coupon''
Sec. 111. Section 3(d) of the Food Stamp Act of 1977 (7 U.S.C.
2012(d)) is amended by striking ``or type of certificate'' and
inserting in lieu thereof ``type of certificate, authorization cards,
cash or checks issued in lieu of coupons or access devices, including,
but not limited to, electronic benefit transfer cards and personal
identification numbers''.
TITLE II--RECIPIENT INTEGRITY
doubled penalties for violating food stamp program requirements
Sec. 201. Section 6(b)(1) of the Food Stamp Act of 1977 (7 U.S.C.
2015(b)(1)) is amended by--
(1) striking in clause (i) ``six months'' and inserting in
lieu thereof ``1 year''; and
(2) striking in clause (ii) ``1 year'' and inserting in
lieu thereof ``2 years''.
mandatory claims collection methods
Sec. 202. (a) Section 11(e)(8) of the Food Stamp Act of 1977 (7
U.S.C. 2020(e)(8)) is amended by inserting before the semi-colon at the
end thereof the following: ``or refunds of Federal taxes as authorized
pursuant to 31 U.S.C. 3720A''.
(b) Section 13(d) of the Food Stamp Act of 1977 (7 U.S.C. 2022(d))
is amended by--
(1) striking ``may'' and inserting in lieu thereof
``shall''; and
(2) inserting before the period at the end thereof the
following: ``or refunds of Federal taxes as authorized pursuant
to 31 U.S.C. 3720A''.
(c) Section 6103(1) of the Internal Revenue Code (26 U.S.C.
6103(1)) is amended by--
(1) striking ``officers and employees'' in paragraph
(10)(A) and inserting in lieu thereof ``officers, employees or
agents, including State agencies''; and
(2) striking ``officers and employees'' in paragraph
(10)(B) and inserting in lieu thereof ``officers, employees or
agents, including State agencies''.
(d) The provisions of this section shall be effective October 1,
1995.
TITLE III--IMPLEMENTATION AND EFFECTIVE DATES
Sec. 301. Except as otherwise provided in this Act, the provisions
of this Act shall become effective and be implemented on the date of
enactment. | TABLE OF CONTENTS:
Title I: Retailer Integrity
Title II: Recipient Integrity
Title III: Implementation and Effective Dates
Title I: Retailer Integrity
- Amends the Food Stamp Act of 1977 to authorize the Secretary of Agriculture (Secretary) to establish specific time periods for: (1) retail food stores and wholesale food concerns (stores) to apply for food stamp program (program) participation; and (2) prohibition of program participation based on lack of business integrity.
(Sec. 103) Includes income and sales tax information among the types of eligibility verification information which may be requested.
(Sec. 104) Establishes a six-month reapplication waiting period for a store that does not meet participation requirements.
(Sec. 106) Authorizes suspension of a store pending administrative and judicial review. (States that the Secretary shall not be liable for lost sales during such period.)
(Sec. 107) Provides for disqualification of a store that is disqualified from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
(Sec. 108) Provides for permanent disqualification of a store that knowingly submits a falsified application.
(Sec. 109) Expands civil and criminal forfeiture for specified violations of the Act.
(Sec. 110) Amends the Social Security Act as amended by the Social Security Administrative Reform Act of 1994, and the Internal Revenue Code as added to by the Social Security Administrative Reform Act of 1994, to authorize information sharing with State WIC enforcement instrumentalities.
(Sec. 111) Amends the Act to expand the definition of "coupon."
Title II: Recipient Integrity
- Amends the Act to increase ineligibility penalties for program violations.
(Sec. 202) Makes the collection of overissuance of coupons from Federal pay or Federal tax refunds (as authorized by this section) mandatory.
Title III: Implementation and Effective Dates
- Makes the provisions of this Act effective upon enactment unless otherwise provided for. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expatriate Health Coverage
Clarification Act of 2014''.
SEC. 2. TREATMENT OF EXPATRIATE HEALTH PLANS UNDER ACA.
(a) In General.--Subject to subsection (b), the provisions of
(including any amendment made by) the Patient Protection and Affordable
Care Act (Public Law 111-148) and of title I and subtitle B of title II
of the Health Care and Education Reconciliation Act of 2010 (Public Law
111-152) shall not apply with respect to--
(1) expatriate health plans;
(2) employers with respect to any such plans for which such
employers are acting as plan sponsors; or
(3) expatriate health insurance issuers with respect to
coverage offered by such issuers under such plans.
(b) Minimum Essential Coverage and Eligible Employer-Sponsored
Plan.--For purposes of section 5000A(f) of the Internal Revenue Code of
1986, and any other section of the Internal Revenue Code of 1986 that
incorporates the definition of minimum essential coverage provided
under such section 5000A(f) by reference, coverage under an expatriate
health plan shall be deemed to be minimum essential coverage under an
eligible employer-sponsored plan as defined in paragraph (2) of such
section.
(c) Qualified Expatriates and Dependents Not United States Health
Risk.--
(1) In general.--For purposes of section 9010 of the
Patient Protection and Affordable Care Act (26 U.S.C. 4001 note
prec.), for calendar years after 2014, a qualified expatriate
(and any dependent of such individual) enrolled in an
expatriate health plan shall not be considered a United States
health risk.
(2) Special rule for 2014.--The fee under section 9010 of
such Act for calendar year 2014 with respect to any expatriate
health insurance issuer shall be the amount which bears the
same ratio to the fee amount determined by the Secretary of the
Treasury with respect to such issuer under such section for
such year (determined without regard to this paragraph) as--
(A) the amount of premiums taken into account under
such section with respect to such issuer for such year,
less the amount of premiums for expatriate health plans
taken into account under such section with respect to
such issuer for such year, bears to
(B) the amount of premiums taken into account under
such section with respect to such issuer for such year.
(d) Definitions.--In this section:
(1) Expatriate health insurance issuer.--The term
``expatriate health insurance issuer'' means a health insurance
issuer that issues expatriate health plans.
(2) Expatriate health plan.--The term ``expatriate health
plan'' means a group health plan, health insurance coverage
offered in connection with a group health plan, or health
insurance coverage offered to a group of individuals described
in paragraph (3)(B) (which may include dependents of such
individuals) that meets each of the following standards:
(A) Substantially all of the primary enrollees in
such plan or coverage are qualified expatriates, with
respect to such plan or coverage. In applying the
previous sentence, an individual shall not be taken
into account as a primary enrollee if the individual is
not a national of the United States and resides in the
country of which the individual is a citizen.
(B) Substantially all of the benefits provided
under the plan or coverage are not excepted benefits
described in section 9832(c) of the Internal Revenue
Code of 1986.
(C) The plan or coverage provides benefits for
items and services, in excess of emergency care,
furnished by health care providers--
(i) in the case of individuals described in
paragraph (3)(A), in the country or countries
in which the individual is present in
connection with the individual's employment,
and such other country or countries as the
Secretary of Health and Human Services, in
consultation with the Secretary of the Treasury
and the Secretary of Labor, may designate; or
(ii) in the case of individuals described
in paragraph (3)(B), in the country or
countries as the Secretary of Health and Human
Services, in consultation with the Secretary of
the Treasury and the Secretary of Labor, may
designate.
(D) In the case of an expatriate health plan that
is a group health plan offered by a plan sponsor that--
(i) also offers a qualifying minimum value
domestic group health plan, the plan sponsor
reasonably believes that the benefits provided
by the expatriate health plan are actuarially
similar to, or better than, the benefits
provided under a qualifying minimum value
domestic group health plan offered by that plan
sponsor; or
(ii) does not also offer a qualifying
minimum value domestic group health plan, the
plan sponsor reasonably believes that the
benefits provided by the expatriate health plan
are actuarially similar to, or better than, the
benefits provided under a qualifying minimum
value domestic group health plan.
(E) If the plan or coverage provides dependent
coverage of children, the plan or coverage makes such
dependent coverage available for adult children until
the adult child turns 26 years of age, unless such
individual is the child of a child receiving dependent
coverage.
(F) The plan or coverage--
(i) is issued by an expatriate health plan
issuer, or administered by an administrator,
that maintains, with respect to such plan or
coverage--
(I) network provider agreements
with health care providers that are
outside of the United States; and
(II) call centers in more than one
country and accepts calls from
customers in multiple languages; and
(ii) offers reimbursements for items or
services under such plan or coverage in more
than two currencies.
(G) The plan or coverage, and the plan sponsor or
expatriate health insurance issuer with respect to such
plan or coverage, satisfies the provisions of title
XXVII of the Public Health Service Act (42 U.S.C. 300gg
et seq.), chapter 100 of the Internal Revenue Code of
1986, and part 7 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1181 et seq.), which would otherwise apply to
such a plan or coverage, and sponsor or issuer, if not
for the enactment of the Patient Protection and
Affordable Care Act and title I and subtitle B of title
II of the Health Care and Education Reconciliation Act
of 2010.
(3) Qualified expatriate.--The term ``qualified
expatriate'' means any of the following individuals:
(A) Workers.--An individual who is a participant in
a group health plan, who is an alien residing outside
the United States, a national of the United States,
lawful permanent resident, or nonimmigrant for whom
there is a good faith expectation by the plan sponsor
of the plan that, in connection with the individual's
employment, the individual is abroad for a total of not
less than 180 days during any period of 12 consecutive
months.
(B) Other individuals abroad.--An individual, such
as a student or religious missionary, who is abroad,
and who is a member of a group determined appropriate
by the Secretary of Health and Human Services, in
consultation with the Secretary of the Treasury and the
Secretary of Labor.
(4) Qualifying minimum value domestic group health plan.--
The term ``qualifying minimum value domestic group health
plan'' means a group health plan that is offered in the United
States that meets the following requirements:
(A) Substantially all of the primary enrollees in
the plan are not qualified expatriates, with respect to
such plan.
(B) Substantially all of the benefits provided
under the plan are not excepted benefits described in
section 9832(c) of the Internal Revenue Code of 1986.
(C) The application of section 36B(c)(2)(C)(ii) of
such Code to such plan would not prevent an employee
eligible for coverage under such plan from being
treated as eligible for minimum essential coverage for
purposes of section 36B(c)(2)(B) of such Code.
(5) Abroad.--
(A) United states nationals.--
(i) In general.--Except as provided in
clause (ii), for purposes of applying paragraph
(3) to a national of the United States, the
term ``abroad'' means outside the 50 States,
the District of Columbia, and Puerto Rico.
(ii) Special rule.--For purposes of
applying paragraph (3) to a national of the
United States who resides in the United States
Virgin Islands, the Commonwealth of the
Northern Mariana Islands, American Samoa, or
Guam, the term ``abroad'' means outside of the
50 States, the District of Columbia, Puerto
Rico, and such territory or possession.
(B) Foreign citizens.--For purposes of applying
paragraph (3) to an individual who is not a national of
the United States, the term ``abroad'' means outside of
the country of which that individual is a citizen.
(6) United states.--The term ``United States'' means the 50
States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, the Commonwealth of the Northern Mariana
Islands, American Samoa, and Guam.
(7) Miscellaneous terms.--
(A) Group health plan; health insurance coverage;
health insurance issuer; plan sponsor.--The terms
``group health plan'', ``health insurance coverage'',
``health insurance issuer'', and ``plan sponsor'' have
the meanings given those terms in section 2791 of the
Public Health Service Act (42 U.S.C. 300gg-91), except
that in applying such terms under this section the term
``health insurance issuer'' includes a foreign
corporation which is predominantly engaged in an
insurance business and which would be subject to tax
under subchapter L of chapter 1 of the Internal Revenue
Code of 1986 if it were a domestic corporation.
(B) Foreign state; national of the united states;
nonimmigrant; reside; lawful permanent resident.--The
terms ``national of the United States'', and
``nonimmigrant'' have the meaning given such terms in
section 101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)), the term ``reside'' means having a
residence (within the meaning of such term in such
section), and the term ``lawful permanent resident''
means an alien lawfully admitted for permanent
residence (as defined in such section).
Passed the House of Representatives April 29, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Expatriate Health Coverage Clarification Act of 2014 - Exempts expatriate health plans, employers acting as sponsors of such plans, and health insurance issuers providing coverage under such plans from the health care coverage requirements of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. Deems expatriate health coverage to be minimum essential coverage for purposes of meeting the individual responsibility requirements of the Internal Revenue Code. Declares that a qualified expatriate (and any dependent) enrolled in an expatriate health plan shall not be considered a U.S. health risk for purposes of assessing the annual fee on health insurance providers that provide health coverage to any U.S. health risk for any year after 2014. Establishes a special rule for calculating the amount of this fee for calendar 2014. Defines a "qualified expatriate" as: (1) a participant in a group health plan who is an alien residing outside the United States, a U.S. national, a lawful permanent resident, or a nonimmigrant about whom there is a good faith expectation of being abroad, in connection with his or her employment, for at least 180 days in a 12-month period; or (2) an individual who is abroad as a member of a group determined appropriate by the Secretary of Health and Human Services (HHS). | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bright Idea Act of 2007''.
SEC. 2. TECHNICAL STANDARDS FOR GENERAL SERVICE LAMPS.
(a) In General.--
(1) Establishment of standards.--As soon as practicable
after the date of enactment of this Act, the Secretary of
Energy shall initiate a project to establish technical
standards for general service lamps.
(2) Consultation with interested parties.--In carrying out
the project, the Secretary shall consult with representatives
of environmental organizations, labor organizations, general
service lamp manufacturers, consumer organizations, and other
interested parties.
(3) Minimum initial standards; deadline.--The initial
technical standards established shall be standards that enable
those general service lamps to provide levels of illumination
equivalent to the levels of illumination provided by general
service lamps generally available in 2007, but with--
(A) a lumens per watt rating of not less than 30 by
calendar year 2013; and
(B) a lumens per watt rating of not less than 45 by
calendar year 2018.
(b) Manufacture and Distribution in Interstate Commerce.--If the
Secretary of Energy, after consultation with the interested parties
described in subsection (a)(2), determines that general service lamps
meeting the standards established under subsection (a) are generally
available for purchase throughout the United States at costs that are
substantially equivalent (taking into account useful life, lifecycle
costs, domestic manufacturing capabilities, energy consumption, and
such other factors as the Secretary deems appropriate) to the cost of
the general service lamps they would replace, then the Secretary shall
take such action as may be necessary to require that at least 95
percent of general service lamps sold, offered for sale, or otherwise
made available in the United States meet the standards established
under subsection (a), except for those general service lamps described
in subsection (c).
(c) Exception.--The standards established by the Secretary under
subsection (a) shall not apply to general service lamps used in
applications in which compliance with those standards is not feasible,
as determined by the Secretary.
(d) Revised Standards.--After the initial standards are established
under subsection (a), the Secretary shall consult periodically with the
interested parties described in subsection (a)(2) with respect to
whether those standards should be changed. The Secretary may change the
standards, and the dates and percentage of lamps to which the changed
standards apply under subsection (b), if after such consultation the
Secretary determines that such changes are appropriate.
(e) Report.--The Secretary shall submit reports periodically to the
Senate Committee on Commerce, Science, and Technology, the Senate
Committee on Energy and Natural Resources, and the House of
Representatives Committee on Energy and Commerce with respect to the
development and promulgation of standards for lamps and lamp-related
technology, such as switches, dimmers, ballast, and non-general service
lighting, that includes the Secretary's findings and recommendations
with respect to such standards.
SEC. 3. RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--The Secretary of Energy may carry out a lighting
technology research and development program--
(1) to support the research, development, demonstration,
and commercial application of lamps and related technologies
sold, offered for sale, or otherwise made available in the
United States; and
(2) to assist manufacturers of general service lamps in the
manufacturing of general service lamps that, at a minimum,
achieve the lumens per watt ratings described in section 2(a).
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2008 through 2013.
(c) Sunset.--The program under this section shall terminate on
September 30, 2015.
SEC. 4. CONSUMER EDUCATION PROGRAM.
(a) In General.--The Secretary of Energy, in consultation with the
Commissioner of the Federal Trade Commission, shall carry out a
comprehensive national program to educate consumers about the benefits
of using light bulbs that have improved efficiency ratings.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2008 through 2014.
SEC. 5. REPORT ON MERCURY USE AND RELEASE.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Energy, in cooperation with the Administrator of the
Environmental Protection Agency, shall submit to Congress a report
describing recommendations relating to the means by which the Federal
Government may reduce or prevent the release of mercury during the
manufacture, transportation, storage, or disposal of light bulbs.
SEC. 6. REPORT ON LAMP LABELING.
Not later than 1 year after the date of enactment of this Act, the
Commissioner of the Federal Trade Commission, in cooperation with the
Administrator of the Environmental Protection Agency and the Secretary
of Energy, shall submit to Congress a report describing current lamp
labeling practices by lamp manufacturers and recommendations for a
national labeling standard. | Bright Idea Act of 2007 - Directs the Secretary of Energy to establish technical standards for general service lamps that provide levels of illumination equivalent to those provided by lamps generally available in 2007, but with a lumens per watt rating of at least: (1) 30 by calendar 2013; and (2) 45 by calendar 2018.
Authorizes the Secretary to: (1) carry out a lighting technology research and development program regarding lamps and related technologies made available in the United States; and (2) assist manufacturers in the manufacturing of general service lamps that achieve the lumens per watt ratings prescribed by this Act.
Instructs the Secretary to: (1) implement a national program consumer education program about the benefits of using light bulbs with improved efficiency ratings; and (2) report to Congress recommendations regarding the means by which the federal government may reduce or prevent the release of mercury during the manufacture, transportation, storage, or disposal of light bulbs.
Directs the Commissioner [sic] of the Federal Trade Commission (FTC) to report to Congress regarding current lamp labeling practices by lamp manufacturers, with recommendations for a national labeling standard. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buy America Update Act''.
SEC. 2. FHWA DOMESTIC CONTENT STANDARDS IMPROVEMENT.
(a) CMAQ Loophole.--Section 313(b) of title 23, United States Code,
is amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) in paragraph (2) by striking ``or''; and
(3) by inserting after paragraph (2) the following:
``(3) that when procuring rolling stock under this
chapter--
``(A) the cost of components and subcomponents
produced in the United States is more than 60 percent
of the cost of all components of the rolling stock; and
``(B) final assembly of the rolling stock has
occurred in the United States; or''.
(b) Rule Reevaluation.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall review the
regulations found in section 635.410 of title 23, Code of Federal
Regulations, or any similar successor regulations, to determine whether
manufactured products other than those containing steel and iron should
be considered for the purposes of domestic content preferences.
SEC. 3. COMPONENT REQUIREMENTS AND VERIFICATION.
(a) Auditing and Certification Modernization.--
(1) Not later than 6 months after the date of enactment of
this Act, the Secretary of Transportation shall--
(A) initiate a rulemaking to develop audit
procedures for the agency to review offeror and
recipient compliance with domestic content provisions;
and
(B) issue guidance on best practices for pre-award
and post-delivery audits by recipients under section
5323(m) of title 49, United States Code.
(2) In developing the guidance required under paragraph
(1)(B), the Secretary shall consider best practices for--
(A) proper and sufficient documentation requests
from bidders by recipients under section 5323(m) of
such title to support certification of compliance;
(B) proper and sufficient documentation requests
from bidders by recipients under section 5323(m) of
such title to support pre-award and post-delivery
audits;
(C) determining the timing and requirements for
post-delivery audit; and
(D) verifying the origin of supplier components and
subcomponents.
(b) Component Guidance.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall initiate a rulemaking to
further develop standards under section 5323(j) of title 49, United
States Code, for measuring the percentage value of a component relative
to the entire procurement.
SEC. 4. RAIL BUY AMERICA MODERNIZATION.
Section 24305(f) of title 49, United States Code, is amended by
adding at the end the following:
``(5) Before seeking a waiver request under paragraph (4), Amtrak
shall contract with the National Institute of Standards and Technology
to conduct a supplier scouting process for domestic suppliers that can
provide the compliant products for which a waiver will be sought. Upon
conclusion of the supplier scouting process for a particular component,
material, or subcomponent, Amtrak shall submit to the Secretary a
scouting report along with the waiver request. The Secretary shall
consider the results of the supplier scouting before making a decision
on Amtrak's waiver. If the Secretary decides to grant the waiver, the
Secretary shall publish in the Federal Register a summary of the
Scouting report and the reasons for the Secretary's decision.''.
SEC. 5. FAA BUY AMERICA MODERNIZATION.
Section 50101 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Supplier Scouting.--Before issuing a waiver under subsection
(b), the Secretary shall--
``(1) consult with the National Institute of Standards and
Technology; and
``(2) begin a supplier scouting process for domestic
suppliers that can provide for those compliant products for
which a waiver will be sought.
``(e) Publication Required.--Upon conclusion of the supplier
scouting process required under subsection (d)(2) for a particular
component, material, or subcomponent, the Secretary make the results of
the supplier scouting available to the public.''.
SEC. 6. APPLICATION OF BUY AMERICA REQUIREMENTS TO PROJECTS FINANCED
WITH PASSENGER FACILITY CHARGES.
(a) In General.--Section 50101(a) of title 49, United States Code,
is amended by inserting ``, and may approve a project under section
40117,'' before ``only if steel''.
(b) Applicability.--The amendment made by subsection (b) shall
apply to an application submitted pursuant to section 40177(c) of title
49, United States Code, after the date of enactment of this Act. | Buy America Update Act This bill exempts from Buy America requirements the procurement of railroad rolling stock when: the cost of components and subcomponents produced in the United States is more than 60% of the cost of all components of the rolling stock; and final assembly of such rolling stock has occurred in the United States. The Department of Transportation (DOT) shall initiate a rulemaking to develop audit procedures for an agency to review rolling stock offeror and recipient compliance with domestic content requirements, and issue guidance on best practices for pre-award and post-delivery audits by recipients. Before seeking a Buy America waiver request, Amtrak shall contract with the National Institute of Standards and Technology (NIST) to conduct a supplier scouting process for domestic suppliers that can provide the compliant products for which a waiver will be sought. DOT must consider Amtrak's scouting report before deciding on the request. Before issuing the Federal Aviation Administration a waiver of Buy America requirements, DOT shall consult with the NIST and begin a supplier scouting process for domestic suppliers that can provide for compliant aviation products for which a waiver will be sought. DOT may approve an airport improvement project financed with passenger facility charges only if steel and manufactured goods used in the project are produced in the United States. | [
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SECTION 1. SHORT TITLE.
This Act shall be cited as the ``Bring Jobs Back to America:
Strategic Manufacturing & Job Repatriation Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Repatriation.--The term ``repatriation'' means, with
respect to a firm's job or facility, as the act of returning
from a location in a foreign country to a location within the
United States of America.
(2) Comparative advantage.--The term ``comparative
advantage'' means, with respect to a country's industrial base,
an environment in which a country's private industry may
produce a good at a lower opportunity cost than a competitor.
(3) Technology-based planning.--The term ``technology-based
planning'' means the process by which the Government may
promote the acquisition and utilization of technology to excel
at satisfying a customer need to generate a national
competitive advantage.
(4) Technology spatial mapping.--The term ``technology
spatial mapping'' means identifying the full set of present and
emerging technologies whose dimensions dictate how a technology
may be acquired and utilized for a competitive advantage.
SEC. 3. NATIONAL MANUFACTURING & REPATRIATION STRATEGY.
(a) Requirement.--Not more than 180 days following enactment, the
U.S. Secretary of Commerce shall create a comprehensive national
manufacturing strategy designed to increase overall domestic
production, create private sector jobs, and identify emerging
technologies to strengthen American competitiveness and comparative
advantages. The strategy shall also include:
(1) An analysis of progress made since the release of the
Secretary's 2004 report: ``Manufacturing in America: A
Comprehensive Strategy to Address the Challenges to U.S.
Manufacturers''.
(2) Targets, established by the Secretary, for
manufacturing sector growth, including a subset of targets for
repatriated jobs to the United States, for fiscal years 2011,
2012, 2013, 2014, and 2015.
(3) A survey of all existing Federal programs supporting
manufacturing and recommendations on how the department or the
Congress may better align such programs to support the
strategy.
(b) Requirement.--Not more than 180 days following enactment, and
every second year thereafter, the Secretary shall conduct a survey of
American firms:
(1) The survey shall, at a minimum, identify--
(A) firms which maintain manufacturing, design or
support service facilities outside of the United
States; and
(B) categories of products manufactured at such
facilities and number of jobs located at such overseas
facilities.
(2) The survey shall provide that any American firms
choosing not to complete the survey will be ineligible to
receive Federal contracts or assistance.
(3) The Secretary shall create and maintain a database
based on the information provided in response to the annual
survey of American firms.
(4) The Secretary shall report to Congress on the results
of the annual survey, including longitudinal trends in American
manufacturing and the repatriation of jobs.
(c) Authorizes such sums as necessary.
SEC. 4. REPATRIATION TASK FORCES.
(a) Requirement.--The U.S. Secretary of Commerce shall establish
multiple ``Repatriation Task Forces'' to promote repatriation in
accordance with the Secretary's established targets for job
repatriation and manufacturing growth. The task forces shall:
(1) Proactively and regularly identify American firms
interested in repatriating production or services to the United
States.
(2) Identify the unique needs of the firm necessary to
facilitate the repatriation.
(3) Identify and assist State governments to facilitate a
mutually beneficial repatriation of the firm's facility and/or
jobs to the United States.
(4) Work with any other Federal agencies on a case-by-case
basis to provide technical assistance to the firm or the State
necessary to facilitate the repatriation of the facility and/or
jobs to the United States.
(5) Serve as a resource to State governments and act as an
impartial advocate for all States choosing to compete for a
firm's facility as part of its repatriation.
(6) Educate firms and States on the National Manufacturing
and Repatriation Strategy, the Repatriation Task Forces, and
all Federal assistance available to firms and State and county
economic development agencies.
(7) Develop a computer-based program to help firms
understand the total cost of ownership of locating facilities
inside the United States as compared to foreign countries.
(b) Members.--Each task force shall be comprised of, at a minimum,
representatives from the Office of the Secretary of Commerce, the
Economic Development Administration, the International Trade
Administration, the U.S. Patent and Trademark Office, National
Institute of Standards and Technology, and Bureau of Industry and
Security.
(c) Authorizes such sums as necessary.
SEC. 5. AMERICAN ECONOMIC SECURITY COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``American Economic Security Commission'' (hereinafter in this
Act referred to as the ``Commission'').
(b) Duties of Commission.--
(1) In general.--The Commission shall study and make
recommendations on policy relating to American competitiveness,
particularly in the manufacturing, information technology,
energy, and biotechnology sectors of the global economy, as
well as study ``technology-based planning'' policies to bolster
American economic competitiveness.
(2) Reports.--The Commission shall issue periodic reports
on issues surrounding ``technology-based planning'', emerging
technologies, and American economic competitiveness,
specifically with regard to a new trade agreement and the
enforcement of existing trade agreements, taxation,
cybersecurity, the U.S. patent system, intellectual property
laws and enforcement, vocational training, education, research
and development programs, and infrastructure, and produce
reports requested by Members of Congress or congressional
committees.
(3) Requirement.--The Commission shall oversee the
development and operation of a computer-based, accurate,
precise and detailed ``technology spatial mapping'' program.
This tool will be used to catalogue, monitor, and anticipate
emerging trends in technology to support the commission's
reporting on developing American comparative advantages in a
timely manner as new technology develops.
(c) Membership.--The Commission shall be composed of 12 members,
with the majority and minority leaders of the Senate, and the Speaker
and the minority leader of the House each selecting three
commissioners. The Commissioners shall serve two-year terms and may be
reappointed twice.
(d) Leadership of Commission.--The Commissioners shall elect a
chairman and a vice-chairman every other year. The chair and vice-chair
may not have been appointed by members of the same political party.
(e) Director and Staff of Commission.--
(1) Director.--
(A) In general.--Subject to paragraph (3) and to
the extent provided in advance in appropriation Acts,
the Commission shall appoint and fix the pay of a
director.
(B) Duties.--The director of the Commission shall
be responsible for the administration and coordination
of the duties of the Commission and shall perform other
such duties as the Commission may direct.
(2) Staff.--In accordance with rules agreed upon by the
Commission, subject to paragraph (3), and to the extent
provided in advance in appropriation Acts, the director may
appoint and fix the pay of additional personnel.
(3) Applicability of certain civil service laws.--The
director and staff of the Commission may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that pay
fixed under paragraph (1) may not exceed $150,000 per year and
pay fixed under paragraph (2) may not exceed a rate equal to
the daily equivalent of the annual rate of basic pay for level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(4) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of their regular employment without
interruption.
(5) Experts and consultants.--In accordance with rules
agreed upon by the Commission and to the extent provided in
advance in appropriation Acts, the director may procure the
services of experts and consultants under section 3109(b) of
title 5, United States Code, but at rates not to exceed the
daily equivalent of the annual rate of basic pay for level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(f) Powers of Commission.--
(1) Hearings and evidence.--The Commission may, for the
purpose of carrying out this Act, hold such hearings in
addition to the town hall style public hearings, sit and act at
such times and places, take such testimony, and receive such
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 under this
section.
(3) 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.
(4) 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 Act.
(5) Contract authority.--To the extent provided in advance
in appropriation Acts, the Commission may enter into contracts
to enable the Commission to discharge its duties under this
Act.
(6) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(g) Authorizes such sums as necessary.
SEC. 6. REPATRIATION TAX INCENTIVE STUDY.
(a) Requirement.--The U.S. Secretary of Commerce shall, in
conjunction with the Commissioner of the U.S. Internal Revenue Service
study the impact and feasibility of a tax incentive to encourage firms
to repatriate jobs and report back to Congress within 180 days of
enactment.
(b) The study shall:
(1) Examine the merits of a tax incentive to encourage
repatriation that would waive all Federal taxes on the return
of offshore, untaxed profits to a ratio of domestic jobs
created.
(2) Consider a ratio of $1 billion in tax relief relative
to 14,000 jobs repatriated or created in the United States, as
well as other ratios the Secretary and Commissioner may
determine.
SEC. 7. AMENDS AUTHORIZED PROGRAMS FOR REPATRIATION PURPOSES.
(a) Eligibility.--To amend title 42, United States Code, to include
a definition of ``repatriation'' for purposes of public works, economic
development planning and local government demonstration programs.
(b) Eligibility.--To amend title 15, United States Code, subsection
7506 to include a definition of ``repatriation'' for purposes.
SEC. 8. PATENT PROTECTION AND PRIORITIZATION.
(a) Pre-Publication of Abstracts Only.--Section 122 of title 35,
United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``each application
for a patent'' and inserting ``and with
respect to an application for a patent,
the abstract included with such
application''; and
(II) by striking ``an application''
and inserting ``an abstract'';
(ii) in subparagraph (B), by striking
``patent applications'' each place it appears
and inserting ``abstracts included with patent
applications''; and
(iii) in subparagraph (C), by striking
``patent application'' each place it appears
and inserting ``abstract included with a patent
application''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``An
application'' and inserting ``An abstract
included with an application'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``the application'' and inserting ``the
abstract included with the
application''; and
(II) in clause (iv), by striking
``the application'' and inserting ``the
abstract included with the
application''; and
(iii) by striking clause (v);
(2) by striking subsection (c);
(3) by redesignating subsection (d) as subsection (c); and
(4) in subsection (c), as so redesignated, by striking ``No
application'' and inserting ``No abstract included with an
application''.
(b) Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
11 of part 2 of title 35, United States Code, is amended in the
item relating to section 122 by inserting before ``patent
applications'' the following: ``abstracts included with''.
(2) Publications.--Section 10 of title 35, United States
Code, is amended by striking ``published applications'' and
inserting ``published abstracts included with applications''.
(3) Abstract definition.--Section 100 of title 35, United
States Code, is amended by adding at the end the following new
subsection: ``(f) The term `abstract' shall have the meaning
given such term, by regulation, by the Director.''.
(4) Conditions for patentability.--Section 102(e) of title
35, United States Code, is amended to read as follows:
``(e) the invention was described in--
``(1) a patent granted on an application for patent by
another in an international application filed under the treaty
defined in section 351(a); and
``(2) such application designated the United States and was
published under article 21(2) of such treaty in the English
language; or''.
(5) Interferences.--Section 135(b) of title 35, United
States Code, is amended to read as follows:
``(b) A claim which is the same as, or for the same or
substantially the same subject matter as, a claim of an issued patent
may not be made in any application unless such a claim is made prior to
one year from the date on which the patent was granted.''.
(6) Provisional rights.--Section 154(d)(1) of title 35,
United States Code, is amended--
(A) by striking ``publication of the application
for such patent under section 122(b), or in the case
of''; and
(B) by striking ``the date of publication of the
application''.
(7) Secrecy of certain inventions.--Section 181 of title
35, United States Code, is amended--
(A) by striking ``publication of an application''
each place it appears and inserting ``publication of an
abstract included with an application''; and
(B) by striking ``publication of the application''
each place it appears and inserting ``publication of
the abstract included with the application''.
(c) Prioritization for Higher Education Institutions.--Section 131
of title 35, United States Code, is amended--
(1) by striking ``The Director'' and inserting the
following: ``(a) In General.--The Director''; and
(2) by adding at the end the following new subsection:
``(b) Priority of Examination for Certain Applications.--The
Director shall give priority to the examination of an application made
by an applicant that is--
``(1) an institution of higher education, as such term is
defined under section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)); or
``(2) a patent holding company affiliated with such an
institution.''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect upon enactment of
this Act. | Bring Jobs Back to America: Strategic Manufacturing & Job Repatriation Act - Directs the Secretary of Commerce to create a comprehensive national manufacturing strategy to increase overall domestic production, create private sector jobs, and identify emerging technologies to strengthen American competitiveness and comparative advantages.
Requires the Secretary to: (1) identify U.S. firms maintaining facilities and jobs outside the United States; and (2) establish multiple Repatriation Task Forces to promote repatriation (return of a job or facility from a foreign country location to a U.S. location) in accordance with established targets for job repatriation and manufacturing growth.
Establishes the American Economic Security Commission to study and report to Congress on policy relating to American competitiveness and technology-based planning to bolster it.
Directs the Secretary, in conjunction with the Commissioner of Internal Revenue, to study and report to Congress on the impact and feasibility of a tax incentive to encourage firms to repatriate jobs back to the United States.
Amends federal patent law to revise requirements regarding the publication of patent applications. Requires abstracts (short summaries of inventions) included with patent applications (instead of the patent applications themselves, as under current law) to be published 18 months after the earliest filing date of the application.
Repeals certain requirements relating to: (1) submission of a redacted copy of an application; and (2) procedures to prevent protest and pre-issuance opposition to the grant of a patent.
Requires the Director of the U.S. Patent and Trademark Office to give priority to the examination of a patent application by an institution of higher education or a patent holding company affiliated with such an institution. | [
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] |
SECTION 1. DEMONSTRATION PROJECT TO INCLUDE CERTAIN COVERED
BENEFICIARIES WITHIN FEDERAL EMPLOYEES HEALTH BENEFITS
PROGRAM.
(a) Demonstration Project.--(1) Chapter 55 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 1107. Health care coverage through Federal Employees Health
Benefits program: demonstration project
``(a) FEHBP Option Demonstration.--(1) Subject to paragraph (2),
the Secretary of Defense, after consulting with the other administering
Secretaries, shall enter into an agreement with the Office of Personnel
Management to conduct a demonstration project under which covered
beneficiaries described in subsection (b) and residing within the area
covered by the demonstration project will be eligible to enroll in
health benefits plans offered through the Federal Employees Health
Benefits program under chapter 89 of title 5.
``(2) The authority to enter into the agreement described in
paragraph (1) and to conduct the demonstration project provided for by
the agreement shall be subject to the availability of appropriations to
carry out the demonstration project.
``(b) Eligible Covered Beneficiaries.--(1) A covered beneficiary
referred to in subsection (a) is a member or former member of the
uniformed services described in section 1074(b) of this title, or a
dependent of the member described in section 1076(b) of this title, who
is or becomes entitled to hospital insurance benefits under part A of
title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).
``(2) A covered beneficiary described in paragraph (1) shall not be
required to satisfy any eligibility criteria specified in chapter 89 of
title 5 as a condition for enrollment in health benefits plans offered
through the Federal Employee Health Benefits program under the
demonstration project. However, if the covered beneficiary is enrolled
in the supplemental medical insurance program under part B of title
XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) before the
covered beneficiary enrolls in a health benefits plan offered pursuant
to subsection (a), the covered beneficiary shall be required to remain
enrolled in such supplemental medical insurance program during the term
of the demonstration project.
``(c) Area of Demonstration Project.--The Secretary of Defense
shall carry out the demonstration project in two geographic areas as
follows:
``(1) One area shall include the catchment area of one or
more military medical treatment facilities, within which not
more than 25,000 eligible covered beneficiaries reside.
``(2) The other area shall not include the catchment area
of any military medical treatment facility and not more than
25,000 eligible covered beneficiaries may reside in the area.
``(d) Time for Demonstration Project.--The Secretary of Defense
shall conduct the demonstration project during at least two, but not
more than three, contract years under the Federal Employees Health
Benefits program.
``(e) Management of Participation.--The authority responsible for
approving retired or retainer pay or equivalent pay in the case of a
member or former member shall manage the participation of the member or
former member, or dependents of the member or former member, who enroll
in health benefits plans offered through the Federal Employee Health
Benefits program pursuant to subsection (a). Such authority shall
distribute program information to eligible covered beneficiaries,
process enrollment applications, forward all required contributions to
the Employees Health Benefits Fund established under section 8909 of
title 5 in a timely manner, assist in the reconciliation of enrollment
records with health plans, and prepare such reports as the Office of
Personnel Management may require in its administration of chapter 89 of
title 5.
``(f) Separate Risk Pools; Charges.--(1) The Office of Personnel
Management shall require health benefits plans under chapter 89 of
title 5 that participate in the demonstration project to maintain a
separate risk pool for purposes of establishing premium rates for
covered beneficiaries who enroll in such a plan in accordance with this
section.
``(2) The Office shall determine total subscription charges for
self only or for family coverage for covered beneficiaries who enroll
in a health benefits plan under chapter 89 of title 5 in accordance
with this section, which shall include premium charges paid to the plan
and amounts described in section 8906(c) of title 5 for administrative
expenses and contingency reserves.
``(g) Government Contributions.--The Secretary of Defense shall be
responsible for the Government contribution for an eligible covered
beneficiary who enrolls in a health benefits plan under chapter 89 of
title 5 in accordance with this section, except that the amount of the
contribution may not exceed the amount of the Government contribution
which would be payable if the electing individual were an employee
enrolled in the same health benefits plan and level of benefits.
``(h) Effect of Cancellation.--The cancellation by a covered
beneficiary of coverage under the Federal Employee Health Benefits
program shall be irrevocable during the term of the demonstration
project.
``(i) Reporting Requirements.--Not later than May 31 of each year
in which the demonstration project is conducted, the Secretary of
Defense and the Director of the Office of Personnel Management shall
jointly submit a report to Congress describing the provision of health
care services to covered beneficiaries under this section during the
preceding calendar year. The report shall address or contain the
following:
``(1) The number of covered beneficiaries enrolled in
health benefits plans offered through the Federal Employee
Health Benefits program pursuant to subsection (a), both in
terms of total number and as a percentage of all covered
beneficiaries receiving health care through the health care
system of the uniformed services.
``(2) Any changes in enrollment patterns and numbers
compared to previous open seasons under the demonstration
project.
``(3) The out-of-pocket cost to enrollees under such health
benefits plans and a comparison of those costs to the costs
incurred by other enrollees under the Federal Employee Health
Benefits program.
``(4) The cost to the Government (including the Department
of Defense, the Department of Transportation, and the
Department of Health and Human Services) of providing care
under such health benefits plans.
``(5) A comparison of the costs determined under paragraphs
(3) and (4) and the costs that would have otherwise been
incurred by the Government and enrollees under alternative
health care options available to the administering Secretaries.
``(6) The effect of this section on the cost, access, and
utilization rates of other health care options under the health
care system of the uniformed services.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1107. Health care coverage through Federal Employees Health Benefits
program: demonstration project.''.
(b) Chapter 89 of title 5, United States Code, is amended--
(1) in section 8905--
(A) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively; and
(B) by inserting after subsection (c) the following
new subsection:
``(d) An individual whom the Secretary of Defense determines is an
eligible covered beneficiary under subsection (b) of section 1107 of
title 10 may enroll, as part of the demonstration project under such
section, in a health benefits plan under this chapter in accordance
with the agreement under subsection (a) of such section between the
Secretary and the Office and applicable regulations under this
chapter.'';
(2) in section 8906(b)--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting in lieu thereof ``paragraphs
(2), (3), and (4)''; and
(B) by adding at the end the following new
paragraph:
``(4) In the case of individuals who enroll, as part of the
demonstration project under section 1107 of title 10, in a health
benefits plan in accordance with section 8905(d) of this title, the
Government contribution shall be determined in accordance with section
1107(g) of title 10.''; and
(3) in section 8906(g)--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting in lieu thereof ``paragraphs (2) and
(3)''; and
(B) by adding at the end the following new
paragraph:
``(3) The Government contribution described in subsection (b)(4)
for beneficiaries who enroll, as part of the demonstration project
under section 1107 of title 10, in accordance with section 8905(d) of
this title shall be paid as provided in section 1107(g) of title 10.''. | Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years.
Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reinstatement of Enrollment for
Medicaid Eligibility of Disadvantaged Youth (REMEDY) Act''.
SEC. 2. REINSTATEMENT OF ENROLLMENT FOR MEDICAID AND SCHIP BENEFITS FOR
CERTAIN YOUTH UPON RELEASE FROM PUBLIC INSTITUTIONS.
(a) Application to Medicaid.--Section 1902(a) of the Social
Security Act (42 U.S.C. 1396b) is amended--
(1) by striking ``and'' at the end of paragraph (69);
(2) by striking the period at the end of paragraph (70) and
inserting ``; and''; and
(3) by inserting after paragraph (70) the following new
paragraph:
``(71) provide that in the case of any individual who is a
youth, as determined under the State plan for purposes of
eligibility for medical assistance under such plan, as of the
date of becoming an inmate of a public institution and who is a
youth (as so determined) at the time of release from such
institution, if the individual was enrolled for medical
assistance under the State plan immediately before becoming
such an inmate the State must suspend, rather than terminate,
such enrollment for such individual during the period in which
such individual is such an inmate in a manner such that--
``(A) the enrollment of such individual shall be
reinstated upon release from such institution unless
and until there is a determination that the individual
is no longer eligible to be so enrolled; and
``(B) any period of continuous eligibility in
effect on the date the individual became such an inmate
shall be reinstated as of the date of the release and
the duration of such period shall be determined without
regard to the period in which the individual was such
an inmate.''.
(b) Application to SCHIP.--Section 2102(b)(1) of the Social
Security Act (42 U.S.C. 1397bb(b)(1)) is amended by adding at the end
the following new subparagraph:
``(C) Reinstatement of enrollment for certain youth
upon release from public institutions.--A State child
health plan shall provide that in the case of any child
who becomes an inmate of a public institution and who
is still a child at the time of release from such
institution, if the child was enrolled for child health
assistance under the State child health plan
immediately before becoming such an inmate the State
must suspend, rather than terminate, such enrollment
for such child during the period in which such child is
such an inmate in a manner such that--
``(i) the enrollment of such child shall be
reinstated upon release from such institution
unless and until there is a determination that
the child is no longer eligible to be so
enrolled; and
``(ii) any period of continuous eligibility
in effect on the date the child became such an
inmate shall be reinstated as of the date of
the release and the duration of such period
shall be determined without regard to the
period in which the child was such an
inmate.''.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall apply to individuals who become
inmates of a public institution on or after January 1, 2009.
(2) Exception if state legislation required.--In the case
of a State plan for medical assistance under title XIX of the
Social Security Act, or a State child health plan for child
health assistance under title XXI of such Act, which the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating funds)
in order for the plan to meet the additional requirement
imposed by the amendment made by subsection (a)(3) or (b),
respectively, the State plan or State child health plan,
respectively, shall not be regarded as failing to comply with
the requirements of such title solely on the basis of its
failure to meet such respective additional requirement before
the first day of the first calendar quarter beginning after the
close of the first regular session of the State legislature
that begins after the date of the enactment of this Act. For
purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of such session
shall be deemed to be a separate regular session of the State
legislature. | Reinstatement of Enrollment for Medicaid Eligibility of Disadvantaged Youth (REMEDY) Act - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to require a state plan to provide for the reinstatement to enrollment for medical assistance and child health assistance upon release from a public institution of an individual youth who was enrolled for such assistance immediately before becoming an inmate of such institution. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Credit Reporting Act Amendments
of 2000''.
SEC. 2. FREE CREDIT REPORT ANNUALLY UPON REQUEST OF CONSUMER.
Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Free Credit Report Annually Upon Request of Consumer.--Upon
the request of any consumer, each consumer reporting agency shall make
all disclosures pursuant to section 609 without charge to such consumer
at least once each calendar year.''.
(b) Technical and Conforming Amendment.--Section 612(a)(1) of the
Fair Credit Reporting Act (15 U.S.C. 1681j(a)(1)) is amended by
striking ``(c), and (d)'' and inserting ``(c), (d), and (e)''.
SEC. 3. DISCLOSURE OF WORLD WIDE WEB SITE.
Section 609(c)(9)(1)(B) of the Fair Credit Reporting Act (15 U.S.C.
1681(c)(1)(B)) is amended by inserting ``and information sufficient to
allow the consumer to contact the agency, or request a consumer report
relating to the consumer from the agency, through the Internet or the
World Wide Web'' before the period at the end.
SEC. 4. DISCLOSURE OF CREDIT SCORES AND EXPLANATION OF CREDIT SCORES.
Section 609(a)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681g(a)(1)) is amended to read as follows:
``(1) All information in the consumer's file at the time of
the request, including any information concerning credit scores
or any other risk scores or predictors relating to the
consumer, together with--
``(A) a clear and concise summary of how the scores
and predictors are derived;
``(B) the factors taken into account in deriving a
score or predictor;
``(C) how such factors are applied to the consumer;
``(D) the relative weight given to each factor; and
``(E) the manner and extent to which such factors
raise or lower the score or predictor.''
SEC. 5. SHORTER PERIOD FOR INCLUSION OF SMALL DEBTS UNDER CERTAIN
CIRCUMSTANCES.
Section 605(a) of the Fair Credit Reporting Act (15 U.S.C.
1681c(a)) is amended by adding at the end the following new paragraph:
``(6) Notwithstanding paragraph (4), any account placed for
collection or charged to profit and loss in which the amount
placed to collection or charged to profit and loss did not
exceed $100 and which antedates the report by more than 3
years, if--
``(A) the consumer to whom the report relates
completed a credit and financial management class
during such 3-year period; and
``(B) the consumer has not previously had an
account excluded from paragraph (4) by virtue of this
paragraph.''.
SEC. 6. PROMPT INVESTIGATION AND CORRECTION OR DELETION OF INACCURATE,
INCOMPLETE, OR UNVERIFIABLE CONSUMER INFORMATION.
(A) Review and Monitoring Required.--The Board of Governors of the
Federal Reserve System and the Federal Trade Commission shall each
review and monitor the extent to which, and the manner in which,
consumer reporting agencies and furnishers of consumer information to
consumer reporting agencies are complying with the procedures, time
lines, and requirements under the Fair Credit Reporting Act for the
prompt investigation of the disputed accuracy of any consumer
information and the prompt correction or deletion, in accordance with
such Act, of any inaccurate or incomplete information or information
that cannot be verified.
(b) Report Required.--Before the end of the 6-month period
beginning on the date of the enactment of this Act, the Board of
Governors of the Federal Reserve System and the Federal Trade
Commission shall each submit a progress report to the Congress on the
results of the review required under subsection (a).
(c) Recommendations.--The report under subsection (b) shall include
such recommendations as the Board and the Commission determine to be
appropriate for legislative or administrative action to ensure that--
(1) consumer disputes with consumer reporting agencies over
the accuracy or completeness of information in a consumer's
file are promptly and fully investigated and any incorrect,
incomplete, or unverifiable information is immediately
corrected or deleted;
(2) furnishers of information to consumer reporting
agencies maintain full and prompt compliance with the duties
and responsibilities established under section 623 of the Fair
Credit Reporting Act; and
(3) consumer reporting agencies establish and maintain
appropriate internal controls and management review procedures
for maintaining full and continuous compliance with the
procedures, time lines, and requirements under the Fair Credit
Reporting Act for the prompt investigation of the disputed
accuracy of any consumer information and the prompt correction
or deletion, in accordance with such Act, of any inaccurate or
incomplete information or information that cannot be verified.
(d) Definitions.--For purposes of this section, the terms
``consumer'', ``consumer report'', and ``consumer reporting agency''
have the same meaning as in the Fair Credit Reporting Act.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect at the end of the
90-day period beginning on the date of the enactment of this Act. | Prohibits the inclusion of certain small debts in a consumer report under specified circumstances.
Directs the Board of Governors of the Federal Reserve System and the Federal Trade Commission to: (1) monitor and review the extent to which consumer reporting agencies and purveyors of information to such agencies comply with FCRA requirements for the prompt investigation of matters in dispute and the prompt correction of inaccurate or incomplete information, or information that cannot be verified; and (2) present a progress report to Congress. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organic Farmer and Consumer
Protection Act of 2017''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL ORGANIC PROGRAM.
Subsection (b) of section 2123 of the Organic Foods Production Act
of 1990 (7 U.S.C. 6522) is amended to read as follows:
``(b) National Organic Program.--Notwithstanding any other
provision of law, in order to carry out activities under the national
organic program established under this title, there are authorized to
be appropriated--
``(1) $15,000,000 for fiscal year 2018;
``(2) $16,500,000 for fiscal year 2019;
``(3) $18,000,000 for fiscal year 2020;
``(4) $20,000,000 for fiscal year 2021;
``(5) $22,000,000 for fiscal year 2022; and
``(6) $24,000,000 for fiscal year 2023.''.
SEC. 3. MODERNIZATION AND IMPROVEMENT OF INTERNATIONAL TRADE TECHNOLOGY
SYSTEMS AND DATA COLLECTION.
Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C.
6522) is amended by adding at the end the following new subsection:
``(d) Modernization and Improvement of International Trade
Technology Systems and Data Collection.--
``(1) In general.--The Secretary shall modernize
international trade tracking and data collection systems of the
national organic program.
``(2) Activities.--In carrying out paragraph (1), the
Secretary shall modernize trade and transaction certificates to
ensure full traceability without unduly hindering trade, such
as through an electronic trade document exchange system.
``(3) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available $5,000,000 for
fiscal year 2019 for the purposes of--
``(A) carrying out this subsection; and
``(B) maintaining the database and technology
upgrades previously carried out pursuant to subsection
(c).
``(4) Availability.--The amount made available under
paragraph (3) is in addition to any other funds made available
for the purposes specified in such paragraph and shall remain
available until expended.''.
SEC. 4. RECORDKEEPING, INVESTIGATION, AND ENFORCEMENT.
(a) In General.--Section 2120 of the Organic Foods Production Act
of 1990 (7 U.S.C. 6519) is amended by adding at the end the following:
``(d) Collaborative Investigations and Enforcement.--
``(1) Information sharing during active investigation.--In
carrying out this title, all parties to an active investigation
(including certifying agents, State organic certification
programs, and the national organic program) may share
confidential business information with Federal and State
government officers and employees and certifying agents
involved in the investigation as necessary to fully investigate
and enforce potential violations of this title and regulations
issued under this title.
``(2) Access to data documentation systems.--The Secretary
shall have access to available data from cross-border
documentation systems administered by other Federal agencies,
including--
``(A) the Automated Commercial Environment system
of the U.S. Customs and Border Patrol; and
``(B) the Phytosanitary Certificate Issuance and
Tracking system of the Animal and Plant Health
Inspection Service.
``(3) Additional documentation and verification.--The
Secretary, acting through the national organic program, has the
authority, and shall grant an accredited certifying agent the
authority, to require increased additional documentation or
verification before granting certification, in the case of a
known area of risk or when there is a specific area of concern,
as determined by the Secretary or the certifying agent.''.
(b) Modification of Regulations on Exclusions From Certification.--
Not later than 1 year after the date of the enactment of this Act, the
Secretary of Agriculture shall issue regulations to limit the type of
operations that are excluded from certification under section 205.101
of title 7, Code of Federal Regulations, and any other corresponding
sections.
SEC. 5. ADDITIONAL ACCREDITATION AUTHORITY.
Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C.
6514) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Satellite Offices and Overseas Operations.--As part of the
accreditation of certifying agents under this section, the Secretary--
``(1) has oversight and approval authority over any
certifying agent operating in a foreign country; and
``(2) shall require an annual authorization for each
certifying agent that intends to operate in any foreign
country.''.
SEC. 6. ANNUAL REPORT.
Section 2122 of the Organic Foods Production Act of 1990 (7 U.S.C.
6521) is amended by adding at the end the following:
``(c) Annual Report.--Not later than March 1, 2019, and annually
thereafter, the Secretary shall submit to Congress a report describing
national organic program activities with respect to all domestic and
overseas investigations and compliance actions taken pursuant to this
title during the preceding year.''. | Organic Farmer and Consumer Protection Act of 2017 This bill amends the Organic Foods Production Act of 1990 to reauthorize through FY2023 and modify the Department of Agriculture (USDA) National Organic Program (NOP). USDA must modernize the international trade tracking and data collection systems of the NOP, which must include ensuring that trade and transaction certificates are fully traceable without unduly hindering trade. The bill authorizes mandatory funding to be used for this purpose and for maintaining previous database and technology upgrades. The bill modifies requirements for recordkeeping, investigations, and enforcement with respect to the organic certification process to: allow parties to an active investigation to share confidential business information with government officers or employees and certifying agents involved in the investigation, require federal agencies that administer cross-border documentation systems to provide USDA with access to the data from the systems, allow the NOP to grant an accredited certifying agent the authority to require additional documentation or verification before granting certification, and require USDA to issue regulations limiting the type of operations that are excluded from certification. With respect to the accreditation process for certifying agents, the bill: (1) authorizes USDA to oversee and approve certifying agents operating in a foreign country, and (2) requires certifying agents that intend to operate in a foreign country to be annually authorized. | [
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entitled ``A Joint Resolution to approve the
`Covenant To Establish a Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America',
and for other purposes'', approved March 24, 1976 (48 U.S.C.
1806(e)), as added by section 702 of the Consolidated Natural
Resources Act of 2008 (Public Law 110-229; 122 Stat. 854)), is
amended--
(A) in subparagraph (A), by striking ``subparagraph
(B),'' and adding ``subparagraphs (B) and (C),'';
(B) by redesignating subparagraph (B) as
subparagraph (D); and
(C) by inserting after subparagraph (A) the
following:
``(B) Special rule.--
``(i) In general.--Except as provided in
subparagraph (D), no alien who is described in
clause (ii) may be removed from the United
States on the grounds that such alien's
presence in the Commonwealth of the Northern
Mariana Islands is in violation of section
212(a)(6)(A) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(6)(A)), prior to the date
that is 5 years after the transition program
effective date.
``(ii) Alien described.--An alien described
in this clause is an alien who--
``(I) on May 8, 2008, was a
resident of the Commonwealth of the
Northern Mariana Islands and was--
``(aa) a permanent resident
(as that term is defined in
part 5-40.0-201 of the Northern
Mariana Islands Administrative
Code);
``(bb) an immediate
relative of a citizen (as those
terms are defined in such part
5-40.0-201); or
``(cc) the parent of a
citizen (as that term is
defined in such part 5-40.0-
201) who was under 21 years of
age; and
``(II) on the transition program
effective date, was lawfully present in
the Commonwealth of the Northern
Mariana Islands or only temporarily
absent from the Commonwealth pursuant
to the immigration laws of the
Commonwealth.
``(C) Special nonimmigrant visa for parents.--
``(i) In general.--An alien parent
described in subparagraph (B)(ii)(cc) is
eligible for a special nonimmigrant visa issued
pursuant to this subparagraph. Such visa
shall--
``(I) grant the alien all of the
privileges granted to an alien lawfully
admitted for permanent residence,
except that the alien shall reside in
the Commonwealth of the Northern
Mariana Islands; and
``(II) be valid until the earlier
of--
``(aa) the date that the
child of the alien petitions
for an adjustment of status for
the alien to that of an alien
lawfully admitted for permanent
residence (as that term is
defined in section 101(a)(20)
of the Immigration and
Nationality Act (8 U.S.C.
1101(a)(20)));
``(bb) the date that the
alien ceases to reside in the
Commonwealth; or
``(cc) November 28, 2014.
``(ii) Petitions for adjustment of
status.--A child of an alien parent described
in subparagraph (B)(ii)(cc) may petition for an
adjustment of status for the alien parent as
described in clause (i)(II)(aa) during the
period beginning on January 1, 2014, and ending
on November 28, 2014, regardless of the age of
the child.''.
(2) Construction.--Such paragraph (1), as amended by
paragraph (1) of this subsection, is further amended by adding
at the end the following:
``(E) Construction.--This paragraph shall be
construed to permit an alien who may not be removed
212(a)(6)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(A)) under subparagraph (A) or (B) of
this paragraph to leave the Commonwealth of the
Northern Mariana Islands for a temporary absence and
return to the Commonwealth pursuant to the entrance
permit issued to the alien by the Commonwealth.''.
(3) Employment authorization.--Paragraph (2) of such
section 6(e), is amended--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and moving such
clauses two ems to the right;
(B) by striking ``An alien'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), an alien''; and
(C) by adding at the end the following:
``(B) Special rule.--An alien who is described in
paragraph (1)(B)(ii) shall be considered authorized by
the Secretary of Homeland Security to be employed in
the Commonwealth of the Northern Mariana Islands until
the date that is 5 years after the transition program
effective date.''.
(4) Registration.--Paragraph 3 of such section 6(e) is
amended to read as follows:
``(3) Registration.--
``(A) Requirement for registration.--Beginning not
later than November 28, 2009, and on an on-going basis,
the Secretary of Homeland Security shall require any
alien present in the Commonwealth of the Northern
Mariana Islands on or after the transition period
effective date to register with the Secretary.
``(B) Schedule for initial registration.--The
Secretary shall complete the initial registration of
all aliens required to register under subparagraph (A)
not later than February 1, 2010.
``(C) Inapplicability of prohibition on removal and
employment authorization.--Paragraphs (1) and (2) shall
not apply to any alien who fails to register as
required by this paragraph.
``(D) Cooperation.--Notwithstanding any other
provision of law, the Government of the Commonwealth of
the Northern Mariana Islands shall provide to the
Secretary all Commonwealth immigration records or other
information that the Secretary deems necessary to
assist in the implementation of this paragraph or other
provisions of the Consolidated Natural Resources Act of
2008 (Public Law 110-229; 122 Stat. 854) or any
amendment made by that Act.
``(E) Construction with the ina.--Nothing in this
paragraph may be construed to modify or limit the
application of section 262 of the Immigration and
Nationality Act (8 U.S.C. 1302) or any other provision
of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.) relating to the registration of aliens.''.
SEC. 2. ADJUSTMENT OF STATUS FOR PERMANENT RESIDENTS OF THE
COMMONWEALTH.
Section 6 of the Joint Resolution entitled ``A Joint Resolution to
approve the `Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of America',
and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806(e)),
as added by section 702 of the Consolidated Natural Resources Act of
2008 (Public Law 110-229; 122 Stat. 854)) 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) Adjustment of Status for Permanent Residents of the
Commonwealth.--
``(1) Special nonimmigrant visa.--An alien who was, on May
8, 2008, described in part 5-40.1-200 of the Administrative
Code of the Northern Mariana Islands (as in effect on such
date) is eligible for a special nonimmigrant visa issued
pursuant to this paragraph. Such visa shall--
``(A) grant the alien all of the privileges granted
to an alien lawfully admitted for permanent residence,
except that the alien shall reside in the Commonwealth
of the Northern Mariana Islands; and
``(B) be valid until the earlier of--
``(i) the date on which the alien adjusts
status under paragraph (2); or
``(ii) the date on which the alien ceases
to reside in the Commonwealth.
``(2) Adjustment of status.--An alien is eligible for an
adjustment of status to that of an alien lawfully admitted for
permanent residence (as that term is defined in section
101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(20))), pursuant to this paragraph, if the alien--
``(A) was, on May 8, 2008, described in part 5-
40.1-200 of the Administrative Code of the Northern
Mariana Islands (as in effect on such date); and
``(B) applies for such status during the period
beginning on January 1, 2014, and ending on November
28, 2014.''.
SEC. 3. NORTHERN MARIANA ISLANDS VISITOR ENTRY PROGRAM TRANSITION.
(a) In General.--Notwithstanding section 705(b) of the Consolidated
Natural Resources Act of 2008 (48 U.S.C. 1806(b)), the amendments made
by section 702(b) of such Act shall take effect on the date that is 180
days after the transition program effective date described in section
6(a) of Public Law 94-241 (48 U.S.C. 1806(a)) (as added by section
702(a) of the Consolidated Natural Resources Act of 2008). In a case in
which the transition program effective date has been modified under
paragraph (3) of such section 6(a) before the date of the enactment of
this Act, such amendments shall take effect on the date that is 180
days after the modified date.
(b) Treatment of CNMI Visitor Entry Program.--During the 180-day
period referred to in subsection (a), the Secretary of Homeland
Security shall administer the visitor entry program of the Commonwealth
of the Northern Mariana Islands consistent with the provisions of
Commonwealth law governing the program that were in effect on the day
before the commencement of such period.
SEC. 4. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF THE
COMMONWEALTH.
(a) In General.--The Consolidated Natural Resources Act of 2008
(Public Law 110-229; 122 Stat. 754) is amended by inserting after
section 703 the following:
``SEC. 703A. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF
THE COMMONWEALTH.
``(a) Family-Based Immigration Benefit Application and Petition
Fees.--
``(1) In general.--The Secretary of State, the Attorney
General, and the Secretary of Homeland Security shall reduce
the fees for family-based immigration benefit applications and
petitions (including associated fees, such as fees for
fingerprinting or supporting documents) collected from
residents of the Commonwealth of the Northern Mariana Islands
who had immediate relative status pursuant to the immigration
laws of the Commonwealth of the Northern Mariana Islands on May
8, 2008.
``(2) Amount of reduction.--The amount of the reduction
shall be established by the Secretary of Homeland Security. It
shall be a percentage reduction that is as least as great as
the difference (expressed as a percentage) between the average
per capita income in the Commonwealth of the Northern Mariana
Islands and the average national per capita income in the
United States as a whole (as determined according to the most
recent data available from the Bureau of the Census).
``(b) Requirements for Sponsor's Affidavit of Support.--In the case
of a resident of the Commonwealth of the Northern Mariana Islands who
had immediate relative status pursuant to the immigration laws of the
Commonwealth of the Northern Mariana Islands on May 8, 2008, section
213A(f)(1)(E) of the Immigration and Nationality Act (8 U.S.C.
1183a(f)(1)(E)) shall not apply.
``(c) Effective Date.--This section shall take effect on the date
of the enactment of this section and shall cease to be effective on
December 31, 2014.''.
(b) Clerical Amendment.--The table of contents for the Consolidated
Natural Resources Act of 2008 (16 U.S.C. 1 note) is amended by
inserting after the item relating to section 703 the following:
``703A. Family-based immigration fee reduction for residents of the
Commonwealth.''.
SEC. 5. EFFECTIVE DATES.
(a) Section 3.--Section 3 shall take effect on the date of the
enactment of this Act.
(b) Section 4.--Section 703A of the Consolidated Natural Resources
Act of 2008, as added by section 4 of this Act, shall be effective in
accordance with subsection (c) of such section 703A.
(c) Other Provisions.--Except as provided in subsection (b), the
amendments made by this Act shall take effect as if included in the
enactment of subtitle A of title VII of the Consolidated Natural
Resources Act of 2008. | Prohibits, subject to an existing provision, an alien who on May 8, 2008, was a resident of the Commonwealth of the Northern Mariana Islands (CNMI) from being removed from the United States on the grounds of illegal presence in the CNMI prior to the date that is five years after the transition program effective date if such alien is lawfully present in the CNMI on such date and is: (1) a permanent resident of the CNMI; (2) an immediate relative of a citizen; or (3) the parent of a citizen who was under 21 years old.
Makes such an alien parent eligible for a special nonimmigrant visa. Specifies conditions for such visa, including the requirement that the parent reside in the CNMI.
Makes an alien who, as of May 8, 2008, was subject to CNMI immigration regulations eligible for a special nonimmigrant visa. Provides that such visa shall: (1) grant the alien all the privileges of an alien lawfully admitted for permanent residence except that the alien must reside in the CNMI; and (2) be valid until the earlier of the date on which the alien adjusts to permanent resident status or the date on which the alien ceases to reside in the CNMI.
Makes an alien who, as of May 8, 2008, was subject to CNMI immigration regulations eligible for adjustment to permanent resident status if such alien applies for adjustment between January 1, 2014-November 28, 2014.
Extends the effective date of the CNMI visitor entry program for 180 days. Directs the Secretary of Homeland Security (DHS) to administer the program during such 180-day period consistent with CNMI provisions governing the program that were in effect prior to the commencement of such period.
Amends the Consolidated Natural Resources Act of 2008 to: (1) direct the Secretary of State, the Attorney General, and the Secretary of DHS to reduce the fees for family-based immigration benefit applications and petitions collected from CNMI residents who had immediate relative status pursuant to CNMI immigration laws as of May 8, 2008; and (2) waive related sponsor income requirements. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Repeal of Expensive
Exchanges Act'' or the ``FREE Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Patient Protection and Affordable Care Act makes
health care more expensive and less accessible, while also
driving up the Federal deficit and debt.
(2) This increase in cost is most noticeable in the health
insurance exchanges established under such Act, which would
increase the Federal deficit by $1.017 trillion over an eleven-
year timeframe, as stated in a July, 2012 Congressional Budget
Office report.
(3) The Federal mandate to establish health insurance
exchanges directly assaults the States' traditional authority
to regulate health insurance.
(4) Such Federal mandate imposes unknown insurance costs on
consumers and administrative costs on States.
(5) Such Federal mandate imposes a ``one-size-fits-all''
approach that ignores State differences.
(6) Such Federal mandate undermines choice and competition
and guarantees further consolidation of the health insurance
markets.
SEC. 3. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT
PREMIUM TAX CREDITS AND COST-SHARING SUBSIDIES.
(a) Premium Tax Credits.--The Internal Revenue Code of 1986 is
amended by striking section 36B.
(b) Advance Determination and Payment of Premium Tax Credits and
Cost-Sharing Reductions.--The Patient Protection and Affordable Care
Act is amended by striking section 1412.
(c) Cost-Sharing.--The Patient Protection and Affordable Care Act
is amended by striking section 1402.
(d) Conforming Amendments.--
(1) Internal revenue code of 1986.--
(A) Section 280C of the Internal Revenue Code of
1986 is amended by striking subsection (g).
(B) Clause (iii) of section 6055(b)(1)(B) of such
Code is amended to read as follows:
``(iii) in the case of minimum essential
coverage which consists of health insurance
coverage, information concerning whether or not
the coverage is a qualified health plan offered
through an Exchange established under section
1311 of the Patient Protection and Affordable
Care Act, and''; and
(C) Section 6103(l)(21) of such Code is amended--
(i) by striking ``any premium tax credit
under section 36B or any cost-sharing reduction
under section 1402 of the Patient Protection
and Affordable Care Act or'' in the matter
preceding subparagraph (i),
(ii) by striking ``(as defined in section
36B)'' in subparagraph (A)(iv), and
(iii) by adding at the end the following:
``(D) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' means adjusted gross income increased by--
``(i) any amount excluded from gross income
under section 911,
``(ii) any amount of interest received or
accrued by the taxpayer during the taxable year
which is exempt from tax, and
``(iii) an amount equal to the portion of
the taxpayer's social security benefits (as
defined in section 86(d)) which is not included
in gross income under section 86 for the
taxable year.''.
(D) Section 6211(b)(4)(A) of such Code is amended
by striking ``36B,''.
(E) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 36B.
(2) Fair labor standards act of 1938.--
(A) Section 18B(a) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 218b(a)) is amended--
(i) by inserting ``and'' at the end of
paragraph (1), and
(ii) by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2).
(B) Section 18C(a) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 218c(a)) is amended by striking
paragraph (1) and by redesignating paragraphs (2)
through (5) as paragraphs (1) through (4),
respectively.
(3) Public health service act.--Title XXVII of the Public
Health Service Act (42 U.S.C. 300gg et seq.) is amended--
(A) in section 2705(l)(3)(A) (42 U.S.C. 300gg-
4(l)(3)(A))--
(i) by striking the em dash before clause
(i) and inserting ``will not result in any
decrease in coverage.''; and
(ii) by striking clauses (i) and (ii); and
(B) in section 2793(c) (300gg-93(c))--
(i) by inserting ``and'' at the end of
paragraph (3);
(ii) by striking ``; and'' at the end of
paragraph (4); and
(iii) by striking paragraph (5).
(4) Patient protection and affordable care act.--The
Patient Protection and Affordable Care Act (Public Law 111-148,
as amended) is amended--
(A) in section 1303(b) by striking paragraph (2);
(B) in section 1311(c)(5)(B) (42 U.S.C.
18031(c)(5)(B)), by striking ``or eligible for a
premium tax credit or cost-sharing reduction'';
(C) in section 1311(d)(4) (42 U.S.C. 18031(d)(4))--
(i) in subparagraph (G), by striking
``after the application of any premium tax
credit'' and all that follows through ``section
1402''; and
(ii) in subparagraph (I), by striking
clause (ii);
(D) in section 1311(i)(3)(B) (42 U.S.C.
18031(i)(3)(B)), by striking ``, and the availability
of premium tax credits'' and all that follows through
``section 1402'';
(E) in section 1312(e) (42 U.S.C. 18032(e))--
(i) in paragraph (1), by striking ``; and''
and inserting a period;
(ii) by striking paragraph (2); and
(iii) by striking ``brokers--'' and all
that follows through ``to enroll'' and
inserting ``brokers to enroll'';
(F) in section 1313(a)(6)(A) (42 U.S.C.
18033(a)(6)(A)), by striking ``, including payments of
premium tax credits and cost-sharing reductions through
the Exchange'';
(G) in section 1331(d)(3)(A)(i) (42 U.S.C. 18051)
is amended by inserting ``and the Federal Repeal of
Expensive Exchanges Act had not been enacted'' before
the period at the end;
(H) in section 1332(a) (42 U.S.C. 18052(a))--
(i) in paragraph (2)--
(I) by striking subparagraph (C);
and
(II) in subparagraph (D) by
striking ``36B, 4980H,'' and inserting
``4980H''; and
(ii) in paragraph (3), by striking
``premium tax credits, cost-sharing
reductions'';
(I) in section 1334(c) (42 U.S.C. 18054(c)) by
striking paragraph (3);
(J) in section 1401(c)(1)(A), by striking clause
(i);
(K) in section 1411 (42 U.S.C. 18081)--
(i) in subsection (a)(1)--
(I) by striking ``or who is
claiming a premium tax credit or
reduced cost-sharing,''; and
(II) by striking ``sections
1312(f)(3), 1402(e), and 1412(d)'' and
inserting ``section 1312(f)(3)'';
(ii) in subsection (a), by striking
paragraph (2);
(iii) in subsection (b), by striking
paragraphs (3) and (4);
(iv) in subsection (e)--
(I) in paragraph (2), by amending
subparagraph (A) to read as follows:
``(A) Eligibility for enrollment.--If information
provided by an applicant under paragraphs (1) and (2)
of subsection (b) is verified under subsections (c) and
(d) the individual's eligibility to enroll through the
Exchange shall be satisfied.''; and
(II) in paragraph (4)(B), by
striking clauses (ii) and (iii) and
redesignating clause (iv) as clause
(ii);
(v) by striking subsection (f)(2);
(vi) in subsection (g)(1)--
(I) by striking ``or for a premium
tax credit or cost-sharing reduction'',
and
(II) by striking ``, determine
eligibility, and determine the amount
of the credit or reduction'' and
inserting ``and determine
eligibility''; and
(vii) in subsection (g)(2) by striking ``or
to claim a premium tax credit or cost-sharing
reduction or the amount of the credit or
reduction'';
(L) in section 1413(e)(1) (42 U.S.C. 18083(e)(1)),
by striking ``, including the premium tax credits under
section 36B of the Internal Revenue Code of 1986 and
cost-sharing reductions under section 1402'';
(M) by striking section 1415 (42 U.S.C. 18084); and
(N) in section 2901 (25 U.S.C. 1623), by striking
subsection (a).
(5) Social security act.--Section 1943(b) of the Social
Security Act (42 U.S.C. 1396w-3(b)) is amended--
(A) in paragraph (1)(C)--
(i) by striking ``and, if applicable,
premium assistance'' and all that follows
through ``section 1412 of the Patient
Protection and Affordable Care Act),''; and
(ii) by striking ``reduced cost-sharing for
eligible individuals under section 1402 of the
Patient Protection and Affordable Care Act, and
any other'' and inserting ``any'';
(B) in paragraph (1)(D), by striking ``, child
health assistance, or premium assistance,'' and
inserting ``or child health assistance,'';
(C) by striking paragraph (2); and
(D) in paragraph (4), by striking ``and who is
eligible to receive premium credit assistance for the
purchase of a qualified health plan under section 36B
of the Internal Revenue Code of 1986''.
SEC. 4. REPEAL OF EMPLOYER AND INDIVIDUAL MANDATES.
(a) Employer Mandate.--
(1) In general.--Chapter 43 of the Internal Revenue Code of
1986 is amended by striking section 4980H, and the table of
sections for such chapter is amended by striking the item
relating to section 4980H.
(2) Information return.--
(A) Chapter 61 of such Code is amended by striking
section 6056, and the table of sections for such
chapter is amended by striking the item relating to
section 6056.
(B) Section 6724(d) of such Code is amended--
(i) in paragraph (1)(B) by inserting ``or''
at the end of clause (xxiii), by striking
``or'' at the end of clause (xxiv) and
inserting ``and'', and by striking clause
(xxv), and
(ii) in paragraph (2) by inserting ``or''
at the end of subparagraph (FF), by striking
``or'' at the end of subparagraph (GG) and
inserting ``and'', and by striking subparagraph
(HH).
(3) Patient protection and affordable care act conforming
amendments.--
(A) Section 1332(a)(2)(D) of the Patient Protection
and Affordable Care Act (as amended by section
3(d)(4)(H) of this Act) is amended by striking
``Sections 4980H'' and inserting ``Section''.
(B) Section 1513 of the Patient Protection and
Affordable Care Act is amended by striking subsection
(c).
(b) Repeal of Individual Health Insurance Mandate.--
(1) In general.--Section 5000A of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(h) Termination.--This section shall not apply with respect to
any month beginning after December 31, 2013.''.
(2) Conforming amendment.--Section 1311(d)(4) of the
Patient Protection and Affordable Care Act (42 U.S.C.
18031(d)(4)) is amended by striking subparagraph (H).
(c) Effective Date.--The amendments made by this section shall
apply as if included in the respective sections the Patient Protection
and Affordable Care Act to which such amendments relate. | Federal Repeal of Expensive Exchanges Act or the FREE Act - Repeals provisions of the Internal Revenue Code and the Patient Protection and Affordable Care Act (PPACA) providing for: (1) a health insurance premium assistance tax credit and advance payments for credit amounts, (2) reductions in out-of-pocket health care expenses for certain low income taxpayers (cost-sharing) and advance payments of cost-sharing amounts, (3) the individual mandate to purchase health care coverage under PPACA, and (4) the employer mandate to provide health care coverage to employees under PPACA and the reporting requirements with respect to such mandate. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Removal of Terrorist Criminal Aliens
Act of 2003''.
SEC. 2. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by inserting after section 238 the
following:
``SEC. 238A. EXPEDITED REMOVAL OF TERRORIST CRIMINAL ALIENS.
``(a) In General.--The Secretary of Homeland Security, in such
Secretary's discretion, may in the case of an alien described in
subsection (b), determine whether such alien is deportable and issue a
final order of removal pursuant to the procedures set forth in this
section.
``(b) Aliens Described.--An alien is described in this subsection
if--
``(1) the alien, whether or not admitted into the United
States, was convicted of any criminal offense described in
paragraph (2), (3)(B), or (6) of section 237(a) (without regard
to the date of the commission of the offense); and
``(2) the Secretary of Homeland Security, in such
Secretary's discretion and in consultation with appropriate
heads of agencies of the executive branch, certifies that the
alien is engaged in any activity that endangers the national
security of the United States.
``(c) Execution of Order.--
``(1) In general.--The Secretary of Homeland Security, in
such Secretary's discretion, may at any time execute any order
described in subsection (a), except--
``(A) during the 14-day period commencing after the
date on which such order is issued, in order that the
alien has an opportunity to apply for judicial review
under section 242, unless this subparagraph is waived
by the alien; or
``(B) if the removal has been stayed under section
242(f)(2).
``(2) Review.--Notwithstanding any other provision of law,
including section 2241 of title 28, United States Code, no
court other than a court of appeals pursuant to its
jurisdiction under section 242 of this Act shall have
jurisdiction to review or set aside any order, action, or
decision taken or issued pursuant to this section. Review in
the court of appeals shall be limited to determining whether
the petitioner is--
``(A) an alien; and
``(B) subject to a final judgment of conviction for
an offense described in paragraph (2), (3)(B), or (6)
of section 237(a).
``(d) Regulations.--Proceedings before the Secretary of Homeland
Security under this section shall be in accordance with such
regulations as such Secretary shall prescribe. Such regulations shall
provide that--
``(1) the alien shall be given reasonable notice of the
grounds for removal alleged and of the opportunity described in
paragraph (3);
``(2) the alien shall have the privilege of being
represented (at no expense to the Government) by such counsel,
authorized to practice in such proceedings, as the alien shall
choose;
``(3) the alien shall have a reasonable opportunity to
inspect the evidence and rebut the charges that the alien is
subject to a final judgment of conviction for an offense
described in paragraph (2), (3)(B), or (6) of section 237(a);
``(4) a determination shall be made on the record that the
individual upon whom the notice for the proceeding under this
section is served (either in person or by mail) is, in fact,
the alien named in such notice;
``(5) a record shall be maintained for judicial review; and
``(6) the final order of removal may not be adjudicated by
the same person who issues the charges.
``(e) Eligibility for Certain Relief.--No alien described in
subsection (b), regardless of whether the alien is subject to
procedures under this section or to proceedings under section 240,
shall be eligible for withholding under section 241(b)(3) or for any
discretionary relief from removal under the immigration laws of the
United States.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by inserting after the item relating to
section 238 the following:
``238A. Expedited removal of terrorist criminal aliens.''.
SEC. 3. ADDITIONAL REMOVAL AUTHORITIES.
(a) In General.--Section 241(b) of the Immigration and Nationality
Act (8 U.S.C. 1231(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security'';
(B) in each of subparagraphs (A) and (B), by
striking the period at the end and inserting ``unless,
in the opinion of the Secretary of Homeland Security,
removing the alien to such country would be prejudicial
to the United States.''; and
(C) by amending subparagraph (C) to read as
follows:
``(C) Alternative countries.--If the alien is not
removed to a country designated in subparagraph (A) or
(B), the Secretary of Homeland Security may, in such
Secretary's discretion, remove the alien to--
``(i) the country of which the alien is a
citizen, subject, or national, unless the
country prevents the alien from entering the
country upon the alien's removal there; or
``(ii) any country whose government will
accept the alien into that country.''; and
(2) in paragraph (2)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security'';
(B) by amending subparagraph (D) to read as
follows:
``(D) Alternative countries.--If the alien is not
removed to a country designated under subparagraph
(A)(i), the Secretary of Homeland Security may, in such
Secretary's discretion, remove the alien to a country
of which the alien is a subject, national, or citizen,
unless--
``(i) the country prevents the alien from
entering the country upon the alien's removal
there; or
``(ii) in the opinion of the Secretary of
Homeland Security, removing the alien to the
country would be prejudicial to the United
States.''; and
(C) by amending subparagraph (E)(vii) to read as
follows:
``(vii) Any country whose government will
accept the alien into that country.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
any deportation, exclusion, or removal on or after such date pursuant
to any deportation, exclusion, or removal order, regardless of whether
such order is administratively final before, on, or after such date.
SEC. 4. REMOVAL OF ALIENS POSING A DANGER TO NATIONAL SECURITY.
Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(4)) is amended by adding at the end the following:
``(E) National security.--
``(i) Aliens other than lawful permanent
residents.--An alien, other than an alien
lawfully admitted for permanent residence,
whose presence or activities in the United
States the Attorney General or the Secretary of
Homeland Security has reason to believe poses
or pose a danger to the national security of
the United States (as defined in section
219(c)(2)), is deportable.
``(ii) Delegation.--Delegation by the
Attorney General and the Secretary of Homeland
Security of authority to make determinations
for the purpose of establishing deportability
under this subparagraph shall be limited to the
Deputy Attorney General and the Deputy
Secretary of Homeland Security, respectively.
``(iii) Best available information.--In
making determinations for the purpose of
establishing whether an alien is deportable
under this subparagraph, the Attorney General
or the Deputy Attorney General, and the
Secretary of Homeland Security or Deputy
Secretary of Homeland Security, may take into
account the best available information from the
intelligence community, including confidential
or national security information, and shall
consult with appropriate heads of agencies of
the executive branch.
``(iv) Judicial review.--A determination
made under this subparagraph shall be affirmed
if challenged in Federal court where a facially
legitimate and bona fide reason in support of
the determination is provided.
``(v) Relief and withholding.--An alien who
is deportable under this subparagraph shall not
be eligible for any discretionary relief from
removal or for withholding of removal under
section 241(b)(3). Notwithstanding any other
provision of law, including section 2241 of
title 28, United States Code, no court shall
have jurisdiction to review a denial of relief
or withholding made pursuant to this clause.''. | Removal of Terrorist Criminal Aliens Act of 2003 - Amends the Immigration and Nationality Act to establish procedures for the expedited removal of a terrorist criminal alien, and authorizes the Secretary of Homeland Security to issue a final order of removal under such provisions. Limits judicial review respecting such an order, action, or decision. Makes such an alien ineligible for certain discretionary relief from removal.
Revises provisions respecting countries to which an alien may be removed.
Includes among the classes of deportable aliens a non-permanent resident alien who poses a danger or national security threat to the United States. | [
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5,
168,
23483,
14,
5,
13058,
21,
2087,
7,
5,
507
] |
That the following sums
are hereby appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of Government for fiscal
year 2017, and for other purposes, namely:
TITLE I--CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2017
Sec. 101. (a) Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for fiscal
year 2016 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this title, that were conducted in fiscal year 2016, and for
which appropriations, funds, or other authority were made available in
the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2016
(division A of Public Law 114-113).
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2016 (division B of Public Law 114-113).
(3) The Department of Defense Appropriations Act, 2016
(division C of Public Law 114-113).
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2016 (division D of Public Law 114-113).
(5) The Financial Services and General Government
Appropriations Act, 2016 (division E of Public Law 114-113).
(6) The Department of Homeland Security Appropriations Act,
2016 (division F of Public Law 114-113).
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2016 (division G of Public
Law 114-113).
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2016
(division H of Public Law 114-113).
(9) The Legislative Branch Appropriations Act, 2016
(division I of Public Law 114-113).
(10) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2016 (division K of Public
Law 114-113), except title IX.
(11) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2016 (division L of Public
Law 114-113).
(b)(1) The rate for operations provided by subsection (a) in the
revised security category (as defined in section 250(c)(4)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985) is hereby
adjusted by the percentage necessary to achieve a rate for operations
in such category equal to the excess of $548,091,000,000 over the total
amount made available in such category pursuant to section 201.
(2) The rate for operations provided by subsection (a) in the
revised nonsecurity category (as defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985) is hereby
adjusted by the percentage necessary to achieve a rate for operations
in such category equal to the excess of $518,491,000,000 over the total
amount made available in such category pursuant to section 201.
Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for: (1) the new production of items not funded for production in
fiscal year 2016 or prior years; (2) the increase in production rates
above those sustained with fiscal year 2016 funds; or (3) the
initiation, resumption, or continuation of any project, activity,
operation, or organization (defined as any project, subproject,
activity, budget activity, program element, and subprogram within a
program element, and for any investment items defined as a P-1 line
item in a budget activity within an appropriation account and an R-1
line item that includes a program element and subprogram element within
an appropriation account) for which appropriations, funds, or other
authority were not available during fiscal year 2016.
(b) No appropriation or funds made available or authority granted
pursuant to section 101 for the Department of Defense shall be used to
initiate multi-year procurements utilizing advance procurement funding
for economic order quantity procurement unless specifically
appropriated later.
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2016.
Sec. 105. Appropriations made and authority granted pursuant to
this title shall cover all obligations or expenditures incurred for any
project or activity during the period for which funds or authority for
such project or activity are available under this title.
Sec. 106. Unless otherwise provided for in this title or in the
applicable appropriations Act for fiscal year 2017, appropriations and
funds made available and authority granted pursuant to this title shall
be available until whichever of the following first occurs: (1) the
enactment into law of an appropriation for any project or activity
provided for in this title; (2) the enactment into law of the
applicable appropriations Act for fiscal year 2017 without any
provision for such project or activity; or (3) December 9, 2016.
Sec. 107. Expenditures made pursuant to this title shall be
charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this title may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing in
this title may be construed to waive any other provision of law
governing the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this title,
except section 106, for those programs that would otherwise have high
initial rates of operation or complete distribution of appropriations
at the beginning of fiscal year 2017 because of distributions of
funding to States, foreign countries, grantees, or others, such high
initial rates of operation or complete distribution shall not be made,
and no grants shall be awarded for such programs funded by this title
that would impinge on final funding prerogatives.
Sec. 110. This title shall be implemented so that only the most
limited funding action of that permitted in the title shall be taken in
order to provide for continuation of projects and activities.
TITLE II--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2017 AND ZIKA RESPONSE AND PREPAREDNESS ACT
SEC. 201. ENACTMENT BY REFERENCE.
(a) In General.--The provisions of the Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act, 2017 and
Zika Response and Preparedness Act, as printed in the Conference Report
accompanying H.R. 2577 (H. Rept. 114-640), are hereby enacted into law.
(b) Publication.--In publishing the Act in slip form and in the
United States Statutes at Large pursuant to section 112, of title 1,
United States Code, the Archivist of the United States shall include
after the date of approval at the end appendixes setting forth the
texts of the bill referred to in subsection (a) of this section.
TITLE III--ENSURING VETTING OF REFUGEES TO KEEP AMERICANS SAFE
SEC. 301. SHORT TITLE.
This title may be cited as the ``American Security Against Foreign
Enemies Act of 2015'' or as the ``American SAFE Act of 2015''.
SEC. 302. REVIEW OF REFUGEES TO IDENTIFY SECURITY THREATS TO THE UNITED
STATES.
(a) Background Investigation.--In addition to the screening
conducted by the Secretary of Homeland Security, the Director of the
Federal Bureau of Investigation shall take all actions necessary to
ensure that each covered alien receives a thorough background
investigation prior to admission as a refugee. A covered alien may not
be admitted as a refugee until the Director of the Federal Bureau of
Investigation certifies to the Secretary of Homeland Security and the
Director of National Intelligence that each covered alien has received
a background investigation that is sufficient to determine whether the
covered alien is a threat to the security of the United States.
(b) Certification by Unanimous Concurrence.--A covered alien may
only be admitted to the United States after the Secretary of Homeland
Security, with the unanimous concurrence of the Director of the Federal
Bureau of Investigation and the Director of National Intelligence,
certifies to the appropriate Congressional Committees that the covered
alien is not a threat to the security of the United States.
(c) Inspector General Review of Certifications.--The Inspector
General of the Department of Homeland Security shall conduct a risk-
based review of all certifications made under subsection (b) each year
and shall provide an annual report detailing the findings to the
appropriate Congressional Committees.
(d) Monthly Report.--The Secretary of Homeland Security shall
submit to the appropriate Congressional Committees a monthly report on
the total number of applications for admission with regard to which a
certification under subsection (b) was made and the number of covered
aliens with regard to whom such a certification was not made for the
month preceding the date of the report. The report shall include, for
each covered alien with regard to whom a certification was not made,
the concurrence or nonconcurrence of each person whose concurrence was
required by subsection (b).
(e) Definitions.--In this Act:
(1) Covered alien.--The term ``covered alien'' means any
alien applying for admission to the United States as a refugee
who--
(A) is a national or resident of Iraq or Syria;
(B) has no nationality and whose last habitual
residence was in Iraq or Syria; or
(C) has been present in Iraq or Syria at any time
on or after March 1, 2011.
(2) Appropriate congressional committee.--The term
``appropriate Congressional Committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Foreign Relations of the
Senate;
(F) the Committee on Appropriations of the Senate;
(G) the Committee on Armed Services of the House of
Representatives;
(H) the Permanent Select Committee on Intelligence
of the House of Representatives;
(I) the Committee on the Judiciary of the House of
Representatives;
(J) the Committee on Homeland Security of the House
of Representatives;
(K) the Committee on Appropriations of the House of
Representatives; and
(L) the Committee on Foreign Affairs of the House
of Representatives.
TITLE IV--STOPPING THE INTERNET GIVEAWAY
SEC. 401. SHORT TITLE.
This title may be cited as the ``Protecting Internet Freedom Act''.
SEC. 402. FINDINGS.
Congress finds the following:
(1) The Department of Commerce and the National
Telecommunications and Information Administration (in this
section referred to as the ``NTIA'') should be responsible for
maintaining the continuity and stability of services related to
certain interdependent Internet technical management functions,
known collectively as the Internet Assigned Numbers Authority
(in this section referred to as the ``IANA''), which includes--
(A) the coordination of the assignment of technical
Internet protocol parameters;
(B) the administration of certain responsibilities
associated with the Internet domain name system root
zone management;
(C) the allocation of Internet numbering resources;
and
(D) other services related to the management of the
Advanced Research Project Agency and INT top-level
domains.
(2) The interdependent technical functions described in
paragraph (1) were performed on behalf of the Federal
Government under a contract between the Defense Advanced
Research Projects Agency and the University of Southern
California as part of a research project known as the Tera-node
Network Technology project. As the Tera-node Network Technology
project neared completion and the contract neared expiration in
1999, the Federal Government recognized the need for the
continued performance of the IANA functions as vital to the
stability and correct functioning of the Internet.
(3) The NTIA may use its contract authority to maintain the
continuity and stability of services related to the IANA
functions.
(4) If the NTIA uses its contract authority, the
contractor, in the performance of its duties, must have or
develop a close constructive working relationship with all
interested and affected parties to ensure quality and
satisfactory performance of the IANA functions. The interested
and affected parties include--
(A) the multistakeholder, private sector-led,
bottom-up policy development model for the domain name
system that the Internet Corporation for Assigned Names
and Numbers represents;
(B) the Internet Engineering Task Force and the
Internet Architecture Board;
(C) Regional Internet Registries;
(D) top-level domain operators and managers, such
as country codes and generic;
(E) governments; and
(F) the Internet user community.
(5) The IANA functions contract of the Department of
Commerce explicitly declares that ``[a]ll deliverables provided
under this contract become the property of the U.S.
Government.''. One of the deliverables is the automated root
zone.
(6) Former President Bill Clinton's Internet czar Ira
Magaziner stated that ``[t]he United States paid for the
Internet, the Net was created under its auspices, and most
importantly everything [researchers] did was pursuant to
government contracts.''.
(7) Under section 3 of article IV of the Constitution of
the United States, Congress has the exclusive power to
``dispose of and make all needful Rules and Regulations
respecting the Territory or other Property belonging to the
United States''.
(8) The .gov and .mil top-level domains are the property of
the United States Government, and as property, the United
States Government should have the exclusive control and use of
those domains in perpetuity.
SEC. 403. MAINTAINING THE IANA FUNCTIONS CONTRACT.
The Assistant Secretary of Commerce for Communications and
Information may not allow the responsibility of the National
Telecommunications and Information Administration with respect to the
Internet domain name system functions, including responsibility with
respect to the authoritative root zone file and the performance of the
Internet Assigned Numbers Authority functions, to terminate, lapse,
expire, be canceled, or otherwise cease to be in effect unless a
Federal statute enacted after the date of enactment of this title
expressly grants the Assistant Secretary such authority.
SEC. 404. EXCLUSIVE UNITED STATES GOVERNMENT OWNERSHIP AND CONTROL OF
.GOV AND .MIL DOMAINS.
Not later than 60 days after the date of enactment of this title,
the Assistant Secretary of Commerce for Communications and Information
shall provide to Congress a written certification that the United
States Government has--
(1) secured sole ownership of the .gov and .mil top-level
domains; and
(2) entered into a contract with the Internet Corporation
for Assigned Names and Numbers that provides that the United
States Government has exclusive control and use of those
domains in perpetuity. | This bill provides continuing FY2017 appropriations to most federal agencies until the earlier of December 9, 2016, or the enactment of the applicable appropriations legislation. It prevents a government shutdown that would otherwise occur when FY2017 begins on October 1, 2016, because the FY2017 appropriations bills that fund the federal government have not been enacted. The bill specifies the rates of operations for security and nonsecurity programs for the duration of the continuing appropriations. The bill enacts, by reference, the provisions of the conference report for H.R. 2577 (Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 and Zika Response and Preparedness Act). American Security Against Foreign Enemies Act of 2015 or the American SAFE Act of 2015 The Federal Bureau of Investigation, the Department of Homeland Security, and the Director of National Intelligence must take specified actions to ensure that certain aliens from Iraq or Syria receive thorough background investigations and are certified not to be a security threat prior to being admitted to the United States as refugees. Protecting Internet Freedom Act The Department of Commerce may not allow the National Telecommunications and Information Administration's responsibility for Internet domain name system functions to cease unless a federal statute enacted after enactment of this bill expressly grants Commerce the authority. Commerce must certify to Congress that the United States: (1) secured sole ownership of the .gov and .mil top-level domains, and (2) entered into a contract with the Internet Corporation for Assigned Names and Numbers that provides the U.S. government with exclusive control and use of those domains in perpetuity. | [
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] |
SECTION 1. MODIFICATIONS OF CREDIT FOR PRODUCTION FROM ADVANCED NUCLEAR
POWER FACILITIES.
(a) Treatment of Unutilized Limitation Amounts.--Section 45J(b) of
the Internal Revenue Code of 1986 is amended--
(1) in paragraph (4), by inserting ``or any amendment to''
after ``enactment of'', and
(2) by adding at the end the following new paragraph:
``(5) Allocation of unutilized limitation.--
``(A) In general.--Any unutilized national megawatt
capacity limitation shall be allocated by the Secretary
under paragraph (3) as rapidly as is practicable after
December 31, 2020--
``(i) first to facilities placed in service
on or before such date to the extent that such
facilities did not receive an allocation equal
to their full nameplate capacity, and
``(ii) then to facilities placed in service
after such date in the order in which such
facilities are placed in service.
``(B) Unutilized national megawatt capacity
limitation.--The term `unutilized national megawatt
capacity limitation' means the excess (if any) of--
``(i) 6,000 megawatts, over
``(ii) the aggregate amount of national
megawatt capacity limitation allocated by the
Secretary before January 1, 2021, reduced by
any amount of such limitation which was
allocated to a facility which was not placed in
service before such date.
``(C) Coordination with other provisions.--In the
case of any unutilized national megawatt capacity
limitation allocated by the Secretary pursuant to this
paragraph--
``(i) such allocation shall be treated for
purposes of this section in the same manner as
an allocation of national megawatt capacity
limitation, and
``(ii) subsection (d)(1)(B) shall not apply
to any facility which receives such
allocation.''.
(b) Transfer of Credit by Certain Public Entities.--
(1) In general.--Section 45J of such Code is amended--
(A) by redesignating subsection (e) as subsection
(f), and
(B) by inserting after subsection (d) the following
new subsection:
``(e) Transfer of Credit by Certain Public Entities.--
``(1) In general.--If, with respect to a credit under
subsection (a) for any taxable year--
``(A) the taxpayer would be a qualified public
entity, and
``(B) such entity elects the application of this
paragraph for such taxable year with respect to all (or
any portion specified in such election) of such credit,
the eligible project partner specified in such election (and
not the qualified public entity) shall be treated as the
taxpayer for purposes of this title with respect to such credit
(or such portion thereof).
``(2) Definitions.--For purposes of this subsection--
``(A) Qualified public entity.--The term `qualified
public entity' means--
``(i) a Federal, State, or local government
entity, or any political subdivision, agency,
or instrumentality thereof,
``(ii) a mutual or cooperative electric
company described in section 501(c)(12) or
section 1381(a)(2), or
``(iii) a not-for-profit electric utility
which has or had received a loan or loan
guarantee under the Rural Electrification Act
of 1936.
``(B) Eligible project partner.--The term `eligible
project partner' means--
``(i) any person responsible for, or
participating in, the design or construction of
the advanced nuclear power facility to which
the credit under subsection (a) relates,
``(ii) any person who participates in the
provision of the nuclear steam supply system to
the advanced nuclear power facility to which
the credit under subsection (a) relates,
``(iii) any person who participates in the
provision of nuclear fuel to the advanced
nuclear power facility to which the credit
under subsection (a) relates, or
``(iv) any person who has an ownership
interest in such facility.
``(3) Special rules.--
``(A) Application to partnerships.--In the case of
a credit under subsection (a) which is determined at
the partnership level--
``(i) for purposes of paragraph (1)(A), a
qualified public entity shall be treated as the
taxpayer with respect to such entity's
distributive share of such credit, and
``(ii) the term `eligible project partner'
shall include any partner of the partnership.
``(B) Taxable year in which credit taken into
account.--In the case of any credit (or portion
thereof) with respect to which an election is made
under paragraph (1), such credit shall be taken into
account in the first taxable year of the eligible
project partner ending with, or after, the qualified
public entity's taxable year with respect to which the
credit was determined.
``(C) Treatment of transfer under private use
rules.--For purposes of section 141(b)(1), any benefit
derived by an eligible project partner in connection
with an election under this subsection shall not be
taken into account as a private business use.''.
(2) Special rule for proceeds of transfers for mutual or
cooperative electric companies.--Section 501(c)(12) of such
Code is amended by adding at the end the following new
subparagraph:
``(I) In the case of a mutual or cooperative
electric company described in this paragraph or an
organization described in section 1381(a)(2), income
received or accrued in connection with an election
under section 45J(e)(1) shall be treated as an amount
collected from members for the sole purpose of meeting
losses and expenses.''.
(c) Effective Dates.--
(1) Treatment of unutilized limitation amounts.--The
amendment made by subsection (a) shall take effect on the date
of the enactment of this Act.
(2) Transfer of credit by certain public entities.--The
amendments made by subsection (b) shall apply to taxable years
beginning after December 31, 2016. | This bill amends the Internal Revenue Code, with respect to the tax credit for the production of electricity from advanced nuclear power facilities, to: (1) establish requirements for the allocation of unutilized portions of the national megawatt capacity limitation, and (2) allow public entities to transfer the credit to project partners. If a portion of the 6,000 national megawatt capacity limitation for the credit is unutilized after December 31, 2020, the Internal Revenue Service must allocate the unutilized capacity: (1) first to facilities that were placed in service on or before December 31, 2020, and did not receive an allocation equal to their full nameplate capacity, and (2) then to facilities placed in service after December 31, 2020, in the order in which the facilities are placed in service. The placed-in-service sunset date of January 1, 2021, does not apply to the allocations of unutilized national megawatt capacity. Qualified public entities may transfer the credit to an eligible project partner. A "qualified public entity" is: (1) a federal, state, or local government or any political subdivision, agency, or instrumentality thereof; (2) a mutual or cooperative electric company; or (3) a not-for-profit electric utility which has or had received a loan or loan guarantee under the Rural Electrification Act of 1936. An "eligible project partner" includes any person who: (1) is responsible for, or is participating in, the design or construction of the facility; (2) participates in the provision of nuclear steam or nuclear fuel to the facility, or (3) has an ownership interest in the facility. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Significant Regulation Oversight Act
of 1996''.
SEC. 2. FINDING AND PURPOSE.
(a) Finding.--The Congress finds that oversight of significant
rules will be enhanced if they are subject to congressional review and
approval after being proposed by an agency.
(b) Purpose.--The purpose of this Act is to ensure that before a
significant rule takes affect--
(1) Congress is given an adequate opportunity to review the
rule and ensure that it is in accordance with the intent of
Congress in enacting the law under which the rule is proposed;
and
(2) Congress approves the rule in accordance with the
procedures established by this Act.
SEC. 3. REVIEW OF SIGNIFICANT RULES BY CONGRESS.
(a) Congressional Approval of Significant Rules Required.--A
significant rule shall not take effect before the date of the enactment
of a joint resolution described in section 4(a) comprised solely of the
text of the significant rule.
(b) Reporting and Review of Significant Rules.--(1) Before a
proposed significant rule would take effect as a final rule, the agency
proposing the rule shall submit to each House of Congress a report
containing the following:
(A) A copy of the proposed significant rule.
(B) A concise summary of the proposed significant rule, its
purpose, and anticipated effects.
(C) A complete copy of any cost-benefit analysis report
that has been prepared by the agency with respect to the
proposed significant rule.
(D) An explanation of the specific statutory interpretation
under which a rule is proposed, including an explanation of--
(i) whether the interpretation is expressly
required by the text of the statute; or
(ii) if the interpretation is not expressly
required by the text of the statute, an explanation
that the interpretation is within the range of
permissible interpretations of the statute as
identified by the agency, and an explanation why the
interpretation selected by the agency is the agency's
preferred interpretation.
(E) Any other relevant information or requirements under
any other Act and any relevant Executive order.
(2) Upon receipt of a report under paragraph (1), each House of
Congress shall provide a copy of the report to the Chairman and ranking
minority party member of each committee with jurisdiction over the
subject matter of the report.
(c) No Inference To Be Drawn Where Congress Fails To Approve.--If
Congress fails to enact a joint resolution approving a proposed
significant rule, no court or agency may infer any intent of Congress
from any action or inaction of Congress with regard to such rule or
related statute.
SEC. 4. CONGRESSIONAL APPROVAL PROCEDURE FOR SIGNIFICANT RULES.
(a) Introduction.--Not later than 3 legislative days after the date
on which an agency submits a report under section 3(b) containing the
text of any proposed significant rule, the majority leader of each
House of the Congress shall introduce (by request) a joint resolution
comprised solely of the text of that significant rule. If the joint
resolution is not introduced in either House as provided in the
preceding sentence, then any Member of that House may introduce the
joint resolution.
(b) Referral and Consideration.--(1) The joint resolution shall be
referred to the appropriate committee of the House in which it is
introduced. The committee may report the joint resolution without
substantive revision and with or without recommendation or with an
adverse recommendation, or the committee may vote not to report the
joint resolution. If the committee votes to order the joint resolution
reported, it shall be reported not later than the end of the period
(not to exceed 45 legislative days) established for consideration of
the joint resolution by the Speaker of the House of Representatives or
the majority leader of the Senate, as the case may be. Except in the
case of a joint resolution which a committee votes not to report, a
committee failing to report a joint resolution within such period shall
be automatically discharged from consideration of the joint resolution,
and it shall be placed on the appropriate calendar.
(2) A vote on final passage of the joint resolution shall be taken
in that House on or before the close of the 90th legislative day after
the date of the introduction of the joint resolution in that House.
(3)(A) A motion in the House of Representatives to proceed to the
consideration of a joint resolution under this section shall be highly
privileged and not debatable. An amendment to the motion shall not be
in order, nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(B) Debate in the House of Representatives on a joint resolution
under this section shall be limited to not more than 4 hours, which
shall be divided equally between those favoring and those opposing the
joint resolution. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit a joint
resolution under this section or to move to reconsider the vote by
which the joint resolution is agreed to or disagreed to.
(C) All appeals from the decisions of the chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a joint resolution under this section shall be
decided without debate.
(D) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of a joint resolution
under this section shall be governed by the Rules of the House of
Representatives applicable to other joint resolutions in similar
circumstances.
(4)(A) A motion in the Senate to proceed to the consideration of a
joint resolution under this section shall be privileged and not
debatable. An amendment to the motion shall not be in order, nor shall
it be in order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(B) Debate in the Senate on a joint resolution under this section,
and all debatable motions and appeals in connection therewith, shall be
limited to not more than 10 hours. The time shall be equally divided
between, and controlled by, the majority leader and the minority leader
or their designees.
(C) Debate in the Senate on any debatable motion or appeal in
connection with a joint resolution under this section shall be limited
to not more than 1 hour, to be equally divided between, and controlled
by, the mover and the manager of the joint resolution, except that in
the event the manager of the joint resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be controlled
by the minority leader or his designee. Such leaders, or either of
them, may, from time under their control on the passage of a joint
resolution, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
(D) A motion in the Senate to further limit debate on a joint
resolution under this section is not debatable. A motion to recommit a
joint resolution under this section is not in order.
(c) Amendments Prohibited.--No amendment to a joint resolution
considered under this section shall be in order in either the House of
Representatives or the Senate. No motion to suspend the application of
this subsection shall be in order in either House, nor shall it be in
order in either House for the presiding officer to entertain a request
to suspend the application of this subsection by unanimous consent.
(d) Treatment if the Other House Has Acted.--If, before the passage
by one House of a joint resolution of that House described in
subsection (a), that House receives from the other House a joint
resolution described in subsection (a) comprised of the same text,
then:
(1) The procedure in that House shall be the same as if no
joint resolution had been received from the other House.
(2) The vote on final passage shall be on the joint
resolution of the other House.
(e) Constitutional Authority.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and the 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
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) 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.
SEC. 5. EXISTING RULES.
(a) General.--Any existing rule may be revised or revoked in
accordance with this section if a petition for review so requests.
(b) Introduction.--If a petition for review is filed with the Clerk
of the House of Representatives or the Secretary of the Senate, the
Clerk or the Secretary shall determine whether the petition meets the
requirements of subsection (d). If the Clerk or the Secretary
determines that a petition meets those requirements, he or she shall
notify the majority leader of that House. The majority leader so
notified shall, within 3 legislative days, introduce a joint resolution
(by request) that makes the revision or revocation of existing rules
proposed by the petition upon the enactment of that joint resolution.
If the joint resolution is not introduced as provided in the preceding
sentence, then any Member of that House may introduce the joint
resolution.
(c) Procedures for Consideration in the House of Representatives
and the Senate.--Any joint resolution introduced under subsection (b)
shall be considered in the House of Representatives and the Senate in
accordance with the procedures respecting a joint resolution set forth
in section 4.
(d) Petitions for Review.--A petition for review under subsection
(a) shall contain the following:
(1) Any rule affected by the petition and the contents of
that rule as it would exist if a joint resolution revising or
revoking that rule pursuant to the petition were enacted.
(2) For a petition in the Senate, the signatures of 30
Senators, or for a petition in the House of Representatives,
the signatures of 120 Members.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code (relating to
administrative procedure).
(2) Rule.--(A) The term ``rule'' has the meaning given such
term by section 551 of title 5, United States Code, except that
such term does not include--
(i) any rule of particular applicability including
a rule that approves or prescribes--
(I) future rates, wages, prices, services,
or allowances therefor,
(II) corporate or financial structures,
reorganizations, mergers, or acquisitions
thereof, or
(III) accounting practices or disclosures
bearing on any of the foregoing, or
(ii) any rule of agency organization, personnel,
procedure, practice, or any routine matter.
(B) The term ``final rule'' means any final rule or interim
final rule.
(3) Significant rule.--The term ``significant rule'' means
any rule proposed by an agency that is specified or described
as such in the Act that authorizes the rule.
SEC. 7. EXEMPTION FOR MONETARY POLICY.
Nothing in this Act applies to any rule concerning monetary policy
proposed or implemented by the Board of Governors of the Federal
Reserve System or the Federal Open Market Committee. | Significant Regulation Oversight Act of 1996 - Prohibits a significant rule (as so specified or described in the authorizing Act) from taking effect before the enactment of a joint resolution comprised solely of the text of such rule.
Provides that, before a proposed significant rule takes effect as a final rule, the agency proposing the rule shall submit to each House of Congress a report containing a copy of the rule, a concise summary of its purpose and anticipated effects, any cost-benefit analysis prepared for the rule, the specific statutory interpretation under which the rule is proposed, and any other relevant information or executive order.
Bars a court or agency from inferring any intent of the Congress with regard to such a rule or a related statute if it fails to enact a joint resolution approving a proposed significant rule.
Provides for the revision or revocation of an existing rule upon enactment of a joint resolution introduced pursuant to a petition for review signed by 30 Members in the Senate or 120 Representatives in the House and containing the rule affected and the rule as it would exist if the joint resolution were enacted. Sets forth congressional procedures for the introduction, referral, and consideration of such joint resolutions for the approval of significant proposed rules or the review of existing rules.
Exempts from this Act any rule concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telecommunications Trust Act of
1998''.
SEC. 2. PURPOSE.
It is the purpose of this Act to prevent the imposition of
additional telephone charges to support the provision of universal
telecommunications services by dedicating to such support the revenues
of telephone excise taxes already in effect on the date of enactment of
this Act.
SEC. 3. PROVISION OF UNIVERSAL SERVICES FROM APPROPRIATIONS OF EXCISE
TAXES.
(a) Amendment.--Section 254 of the Communications Act of 1934 (47
U.S.C. 254) is amended by adding at the end the following new
subsection:
``(l) Provision of Universal Services From Appropriations of Excise
Taxes.--
``(1) Termination of contributions; exclusive source of
funds.--The contributions of providers of interstate
telecommunications services pursuant to subsections (b)(4) and
(d) shall cease to be required for any period beginning on or
after the date on which funds appropriated pursuant to
paragraph (2) of this subsection are first available for
Federal universal service support. The Commission may continue
to distribute any balances of such contributions that remain
unallocated on such date, but, other than such balances, the
funds appropriated under paragraph (2) shall constitute the
exclusive source of funds for the provision of any type of
Federal universal service support, including rural, high-cost,
lifeline, programs under subsection (h), or any other program
of Federal universal service support.
``(2) Authorization of appropriations.--There are
authorized to be appropriated for fiscal year 1999 and each of
the 5 succeeding fiscal years, from the Telecommunications
Trust Fund established by section 9511 of the Internal Revenue
Code, such sums as may be necessary to provide Federal
universal service support pursuant to this section, including
support pursuant to subsection (h) of this section.
``(3) Availability on school year basis.--Appropriations
for any fiscal year that are available to carry out subsection
(h) may, in accordance with regulations of the Commission, be
made available for obligation by the recipient on the basis of
an academic or school year differing from such fiscal year.
Notwithstanding any other provision of law, unless enacted in
specific limitation of the provisions of this subsection, any
funds from such appropriations during any fiscal year which are
not obligated and expended prior to the beginning of the fiscal
year succeeding the fiscal year for which such funds were
appropriated shall remain available for obligation and
expenditure during such succeeding fiscal year.
``(4) Apportionment of funds.--Funds from any such
appropriation shall be apportioned in accordance with
regulations prescribed by the Commission to carry out the
purposes of this section.''.
(b) Conforming Amendment.--Section 254(d) of such Act is amended by
adding at the end the following: ``This subsection and subsection
(b)(4) shall cease to be effective on the date described in subsection
(l)(1).''.
SEC. 4. ADVANCED COMMUNICATIONS TRUST FUND.
(a) In General.--Chapter 98 of the Internal Revenue Code of 1986 is
amended by inserting after section 9510 the following:
``SEC. 9511. TELECOMMUNICATIONS TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the
`Telecommunications Trust Fund', consisting of such amounts as may be
appropriated or credited pursuant to this section or section 9602(b).
``(b) Transfer to Advanced Telecommunications Trust Fund Amounts
Equivalent to Certain Taxes.--There are hereby appropriated to the
Telecommunications Trust Fund amounts equivalent to 100 percent of the
taxes received in the Treasury after December 31, 1998, under section
4251 (relating to tax on communications).
``(c) Expenditures From Advanced Telecommunications Trust Fund.--
Amounts in the Telecommunications Trust Fund shall be available, as
provided in appropriations Acts, only to provide for Federal universal
service support mechanisms pursuant to section 254 of the
Communications Act of 1934.''.
SEC. 5. EFFECTIVE DATES; TRANSITION.
(a) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), this
Act and the amendments made by this Act shall be effective on
July 1, 1999.
(2) Exceptions.--Notwithstanding paragraph (1)--
(A) the authorization of appropriations in section
254(l)(2) of the Communications Act of 1934, as amended
by section 3 of this Act, is effective upon enactment;
and
(B) the Federal Communications Commission may
prescribe such regulations or take such other action as
is necessary to the implementation of the amendments
made by this Act at any time after such date of
enactment.
(b) Transition.--In order to effect a transition to the provision
of telecommunications services in accordance with the amendments made
by this Act, the Federal Communications Commission shall prescribe such
regulations and take such other actions as may be necessary to provide
for the allocation or refund of unused universal service contributions
and obligations. | Telecommunications Trust Act of 1998 - Amends the Communications Act of 1934 to state that contributions currently required of providers of interstate telecommunications services for the preservation and enhancement of universal telecommunications services shall no longer be required after the date on which appropriated funds are first available for Federal universal service support. Authorizes the Federal Communications Commission to continue to distribute balances of such contributions that remain available on such date.
Authorizes appropriations for FY 1999 through 2004 from the Telecommunications Trust Fund (established under this Act) to provide Federal universal service support, such funds to be the exclusive source of funding for such support. Allow such funds to be available on a school year basis in lieu of a fiscal year basis.
Amends the Internal Revenue Code to establish the Telecommunications Trust Fund for the deposit of amounts appropriated for universal services support. Transfers to such Fund 100 percent of amounts received in the Treasury after December 31, 1998, as certain communications excise taxes. Makes Fund amounts available only to provide for Federal universal service support mechanisms. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deter Cyber Theft Act''.
SEC. 2. ACTIONS TO ADDRESS FOREIGN ECONOMIC OR INDUSTRIAL ESPIONAGE IN
CYBERSPACE.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Director of National Intelligence shall submit to the
appropriate congressional committees a report on foreign
economic and industrial espionage in cyberspace during the 12-
month period preceding the submission of the report that--
(A) identifies--
(i) foreign countries that engage in
economic or industrial espionage in cyberspace
with respect to trade secrets or proprietary
information owned by United States persons;
(ii) foreign countries identified under
clause (i) that the Director determines engage
in the most egregious economic or industrial
espionage in cyberspace with respect to such
trade secrets or proprietary information (in
this section referred to as ``priority foreign
countries'');
(iii) technologies or proprietary
information developed by United States persons
that--
(I) are targeted for economic or
industrial espionage in cyberspace; and
(II) to the extent practicable,
have been appropriated through such
espionage;
(iv) articles manufactured or otherwise
produced using technologies or proprietary
information described in clause (iii)(II);
(v) services provided using such
technologies or proprietary information; and
(vi) foreign entities, including entities
owned or controlled by the government of a
foreign country, that request, engage in,
support, facilitate, or benefit from the
appropriation through economic or industrial
espionage in cyberspace of technologies or
proprietary information developed by United
States persons;
(B) describes the economic or industrial espionage
engaged in by the foreign countries identified under
clauses (i) and (ii) of subparagraph (A); and
(C) describes--
(i) actions taken by the Director and other
Federal agencies to decrease the prevalence of
economic or industrial espionage in cyberspace;
and
(ii) the progress made in decreasing the
prevalence of such espionage.
(2) Determination of foreign countries engaging in economic
or industrial espionage in cyberspace.--For purposes of clauses
(i) and (ii) of paragraph (1)(A), the Director shall identify a
foreign country as a foreign country that engages in economic
or industrial espionage in cyberspace with respect to trade
secrets or proprietary information owned by United States
persons if the government of the foreign country--
(A) engages in economic or industrial espionage in
cyberspace with respect to trade secrets or proprietary
information owned by United States persons; or
(B) facilitates, supports, fails to prosecute, or
otherwise permits such espionage by--
(i) individuals who are citizens or
residents of the foreign country; or
(ii) entities that are organized under the
laws of the foreign country or are otherwise
subject to the jurisdiction of the government
of the foreign country.
(3) Prioritization of collection and analysis of
information.--The President shall direct the Director to make
it a priority for the intelligence community to collect and
analyze information in order to identify articles described in
clause (iv) of paragraph (1)(A), services described in clause
(v) of that paragraph, and entities described in clause (vi) of
that paragraph.
(4) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form but may contain a
classified annex.
(b) Action by President.--
(1) In general.--Not later than 120 days after each report
required by subsection (a)(1) is submitted, the President shall
direct U.S. Customs and Border Protection to exclude from entry
into the United States an article described in paragraph (2) if
the President determines the exclusion of the article is
warranted--
(A) for the enforcement of intellectual property
rights; or
(B) to protect the integrity of the Department of
Defense supply chain.
(2) Article described.--An article described in this
paragraph is an article--
(A) identified under subsection (a)(1)(A)(iv);
(B) produced or exported by an entity that--
(i) is owned or controlled by the
government of a priority foreign country; and
(ii) produces or exports articles that are
the same as or similar to articles manufactured
or otherwise produced using technologies or
proprietary information identified under
subsection (a)(1)(A)(iii); or
(C) produced or exported by an entity identified
under subsection (a)(1)(A)(vi).
(c) Consistency With International Agreements.--This section shall
be applied in a manner that is consistent with the obligations of the
United States under international agreements.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, the
Committee on Finance, the Committee on Foreign
Relations, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Armed Services, the Committee
on Homeland Security, the Committee on Foreign Affairs,
the Committee on Ways and Means, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) Cyberspace.--The term ``cyberspace''--
(A) means the interdependent network of information
technology infrastructures; and
(B) includes the Internet, telecommunications
networks, computer systems, and embedded processors and
controllers.
(3) Economic or industrial espionage.--The term ``economic
or industrial espionage'' means--
(A) stealing a trade secret or proprietary
information or appropriating, taking, carrying away, or
concealing, or by fraud, artifice, or deception
obtaining, a trade secret or proprietary information
without the authorization of the owner of the trade
secret or proprietary information;
(B) copying, duplicating, downloading, uploading,
destroying, transmitting, delivering, sending,
communicating, or conveying a trade secret or
proprietary information without the authorization of
the owner of the trade secret or proprietary
information; or
(C) knowingly receiving, buying, or possessing a
trade secret or proprietary information that has been
stolen or appropriated, obtained, or converted without
the authorization of the owner of the trade secret or
proprietary information.
(4) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
(5) Own.--The term ``own'', with respect to a trade secret
or proprietary information, means to hold rightful legal or
equitable title to, or license in, the trade secret or
proprietary information.
(6) Person.--The term ``person'' means an individual or
entity.
(7) Proprietary information.--The term ``proprietary
information'' means competitive bid preparations, negotiating
strategies, executive emails, internal financial data,
strategic business plans, technical designs, manufacturing
processes, source code, data derived from research and
development investments, and other commercially valuable
information that a person has developed or obtained if--
(A) the person has taken reasonable measures to
keep the information confidential; and
(B) the information is not generally known or
readily ascertainable through proper means by the
public.
(8) Technology.--The term ``technology'' has the meaning
given that term in section 16 of the Export Administration Act
of 1979 (50 U.S.C. App. 2415) (as in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.)).
(9) Trade secret.--The term ``trade secret'' has the
meaning given that term in section 1839 of title 18, United
States Code.
(10) United states person.--The term ``United States
person'' means--
(A) an individual who is a citizen of the United
States or an alien lawfully admitted for permanent
residence to the United States; or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States. | Deter Cyber Theft Act - Requires the Director of National Intelligence (DNI) to annually report to specified congressional committees on foreign countries that engage in economic and industrial espionage in cyberspace with respect to U.S. trade secrets or proprietary information. Requires each report to identify countries that engage in such espionage as well as countries that engage in the most egregious forms of such espionage. Directs the President to exclude from entry into the United States any article produced or exported by an entity identified within any such report, as long as the President determines that such exclusion is warranted for the enforcement of intellectual property rights or to protect the integrity of the Department of Defense (DOD) supply chain. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assisted Living Pilot Program for
Veterans with Traumatic Brain Injury Extension Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The wars in Iraq and Afghanistan have resulted in a
generation of veterans with traumatic brain injuries.
(2) Since 2001, more than 265,000 members of the Armed
Forces have suffered traumatic brain injuries.
(3) Since 2001, more than 26,000 members of the Armed
Forces have suffered moderate or severe head wounds.
(4) Advances in medicine have kept members of the Armed
Forces alive who have suffered head wounds that might have
killed them in previous conflicts.
(5) The pilot program of the Department of Veterans Affairs
to assess the effectiveness of providing assisted living
services to eligible veterans to enhance the rehabilitation,
quality of life, and community integration of such veterans
required by section 1705(a) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 38
U.S.C. 1710C note) has provided to veterans who have moderate
to severe traumatic brain injuries, often coupled with other
significant physical and psychological challenges, a level of
comprehensive, coordinated care in residential facilities
across the United States since 2008.
(6) The model of care practiced under the pilot program
specified in paragraph (5) has yielded impressive results and
helped rehabilitate dozens of veterans from severe injuries
that are notoriously difficult to treat.
(7) The Department of Veterans Affairs does not offer to
veterans any alternatives to the pilot program specified in
paragraph (5) that replicate--
(A) the comprehensiveness of the rehabilitative
care provided under such program;
(B) the benefit of providing care under such
program in a residential setting; and
(C) the significant positive impact on veterans of
the sustained, longer-term care provided under such
program.
SEC. 3. EXTENSION AND MODIFICATION OF PILOT PROGRAM ON ASSISTED LIVING
SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY.
(a) Extension of Program.--Subsection (a) of section 1705 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 38 U.S.C. 1710C note) is amended by striking ``a five-year''
and inserting ``an eight-year''.
(b) Modification of Locations.--Subsection (b) of such section is
amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking paragraph (1) and inserting the following
new paragraphs:
``(1) In general.--The pilot program shall be carried out
at locations selected by the Secretary for purposes of the
pilot program.
``(2) Located in same region as polytrauma centers.--Of the
locations selected under paragraph (1), at least one location
shall be in each health care region of the Veterans Health
Administration of the Department of Veterans Affairs that
contains a polytrauma center of the Department of Veterans
Affairs.''.
(c) Modification of Report Requirements.--Subsection (e) of such
section is amended to read as follows:
``(e) Reports.--
``(1) Annual report.--
``(A) In general.--Not later than two years after
the date of the enactment of the Assisted Living Pilot
Program for Veterans with Traumatic Brain Injury
Extension Act, and not later than September 30 each
year thereafter until 2018, the Secretary shall submit
to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives a report on the pilot program.
``(B) Elements.--Each report submitted under
subparagraph (A) shall include the following:
``(i) The number of individuals that
participated in the pilot program during the
year preceding the submission of the report.
``(ii) The number of individuals that
successfully completed the pilot program during
the year preceding the submission of the
report.
``(iii) The degree to which pilot program
participants and family members of pilot
program participants were satisfied with the
pilot program.
``(iv) The interim findings and conclusions
of the Secretary with respect to the success of
the pilot program and recommendations for
improvement.
``(2) Final report.--
``(A) In general.--Not later than 60 days after the
completion of the pilot program, the Secretary shall
submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the
House of Representatives a final report on the pilot
program.
``(B) Elements.--The final report required by
subparagraph (A) shall include the following:
``(i) A description of the pilot program.
``(ii) An assessment of the utility of the
activities under the pilot program in enhancing
the rehabilitation, quality of life, and
community reintegration of veterans with
traumatic brain injury, including complex mild
traumatic brain injury.
``(iii) Such recommendations as the
Secretary considers appropriate regarding
improving the pilot program.''.
(d) Modification of Definitions.--
(1) Community-based brain injury residential rehabilitative
care services.--Such section is further amended--
(A) in the section heading, by striking ``assisted
living'' and inserting ``community-based brain injury
residential rehabilitative care'';
(B) in subsection (c), in the subsection heading,
by striking ``Assisted Living'' and inserting
``Community-Based Brain Injury Residential
Rehabilitative Care'';
(C) by striking ``assisted living'' each place it
appears, and inserting ``community-based brain injury
rehabilitative care''; and
(D) in subsection (f)(1), by striking ``and
personal care'' and inserting ``rehabilitation, and
personal care''.
(2) Eligible veteran.--Subsection (f)(3) of such section is
amended--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) has a traumatic brain injury that is
classified as complex-mild to severe.''.
(e) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Veterans Affairs for fiscal year
2015 $46,000,000 to carry out the pilot program under section 1705 of
the National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 38 U.S.C. 1710C note), as amended by this section. The amount
so authorized to be appropriated shall be available for obligation for
the three-year period beginning on the date that is one year after the
date of the enactment of this Act.
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 2014. | Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act - Amends the National Defense Authorization Act for Fiscal Year 2008 to extend the pilot program to assess the effectiveness of providing assistance to eligible veterans with traumatic brain injury to enhance their rehabilitation, quality of life, and community integration. Requires that at least one location of the program be in each health care region of the Veterans Health Administration that contains a polytrauma center of the Department of Veterans Affairs (VA). (Under current law, selected locations also must include any location other than one described above in an area that contains a high concentration of veterans with traumatic brain injuries.) Expands requirements for reports on the pilot program. Replaces references to "assisted living" with the term "community-based brain injury residential rehabilitative care," including rehabilitation services within the meaning of such care. Requires a veteran, in order to be eligible for such services, to have a traumatic brain injury that is classified as complex-mild to severe. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Honest Fishermen Act of
2015''.
SEC. 2. SEAFOOD SAFETY.
(a) Coordination.--
(1) National sea grant college program.--The Administrator
of the National Oceanic and Atmospheric Administration shall
ensure that the Administration's seafood inspection activities
are coordinated with the national sea grant college program to
provide outreach to the States, local health agencies,
consumers, and the seafood industry on seafood safety.
(2) Inspecting to prevent seafood fraud.--The Secretary of
Commerce and the Secretary of Health and Human Services shall,
to the maximum extent practicable, ensure that inspections and
tests for seafood safety also collect information for seafood
fraud detection and prevention.
(b) List of Offenders.--The Secretary of Health and Human Services,
in consultation with the Secretary of Commerce, shall develop,
maintain, and post on the public website of the Department of Health
and Human Services a list that--
(1) includes, by country, each exporter whose seafood is
imported or offered for import into the United States; and
(2) for each such exporter, tracks the timing, type, and
frequency of violations of Federal law relating to seafood
safety.
(c) Impact on Existing Food Safety Authority.--Nothing in this
section limits the authority of the Secretary of Health and Human
Services to execute or enforce food safety laws, including the FDA Food
Safety Modernization Act (Public Law 111-353).
SEC. 3. SEAFOOD IDENTIFICATION.
(a) Seafood Traceability Requirements.--
(1) In general.--Beginning not later than the end of
calendar year 2017, the Secretary of Commerce, in consultation
with the Secretaries of Health and Human Services and Homeland
Security, shall implement the following requirements with
respect to seafood imported into the United States or otherwise
distributed or offered for sale in interstate commerce:
(A) In addition to disclosure of the United Nations
Food and Agriculture Organization Major Fishing Area,
or a more specific location, in which the fish was
caught, and of the information required to be submitted
to the Secretary of Commerce under section 303(a)(5) of
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853(a)(5)), at a minimum the
following information shall be displayed on the
packaging of, or otherwise accompany, seafood through
processing, distribution, and final sale:
(i) The acceptable market name (as
determined by the Food and Drug Administration)
and scientific name for the seafood species.
(ii) Whether the seafood was harvested wild
or was farm-raised.
(iii) The method of harvest of the seafood
including gear type as listed in section
600.725 of title 50, Code of Federal
Regulations and defined in section 600.10 of
such title.
(iv) The date of the catch.
(v) The weight or number, as appropriate,
of product for an individual fish or lot.
(B) If seafood has been previously frozen, treated
with any substance (other than ice or water) that may
affect the true weight of the seafood, or processed in
a country other than that in which it was landed or
harvested, by any harvester, processor, distributor, or
retailer, such information shall be included in the
labeling of, or otherwise accompany, the seafood
through processing, distribution, and final sale.
(C) If the seafood was farm-raised, that
information, along with information regarding the
country of cultivation, the location of the aquaculture
production area, and the method of cultivation, shall
be included in the labeling of, or otherwise accompany,
the seafood through processing, distribution, and final
sale.
(D) No importer, processor, distributor, or
retailer may be found to be in violation of the
requirements under this subsection for unknowingly
selling a product that was already mislabeled upon
receipt, provided that the importer, processor,
distributor, or retailer can provide the required
product traceability documentation.
(2) Alternative means of disclosure for certain categories
of information.--
(A) In general.--Notwithstanding paragraph (1),
instead of including any category of information
described in subparagraph (B) in the packaging or
labeling of seafood, an importer, processor,
distributor, or retailer (including a restaurant) may,
with respect to such category, choose to satisfy the
requirements of this paragraph by making the
information available upon request to any Federal,
State, or local official authorized to conduct
inspections of--
(i) seafood; or
(ii) any facility that processes or sells
seafood.
(B) Categories.--The categories of information
described in this subparagraph are--
(i) the information required to be
submitted to the Secretary of Commerce under
section 303(a)(5) of the Magnuson-Stevens
Fishery Conservation and Management Act (16
U.S.C. 1853(a)(5));
(ii) if the seafood was farm-raised, the
location of the aquaculture production area,
and the method of cultivation;
(iii) the date of the catch; and
(iv) the weight or number, as appropriate,
of product for an individual fish or lot.
(3) Domestic fishermen.--Disclosure of data pursuant to
section 303(a)(5) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1853(a)(5)) by a person engaging
in fishing on a vessel of the United States in the exclusive
economic zone (as those terms are used in that Act) is deemed
to be in compliance by such person with the requirements
implemented under paragraph (1) of this subsection.
(b) Refusal of Admission.--
(1) In general.--Subject to paragraphs (3) and (4), all
seafood imported or offered for import originating from an
exporter shall be refused admission if--
(A) the Secretary of Commerce finds that any
shipment of such seafood appears to be in violation of
subsection (a); or
(B) the Secretary of Health and Human Services
finds that any shipment of such seafood appears to be
in violation of this Act or other applicable Federal
laws or regulations.
(2) Import certification.--For any exporter whose seafood
products are refused admission under paragraph (1) based on a
prior shipment, the Secretary of Health and Human Services
shall determine whether to require, as a condition of granting
admission into the United States to an article of seafood
originating from such exporter, that such seafood be
accompanied by a certification or other assurance under section
801(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381(q)).
(3) Allowance of individual shipments.--Paragraph (1) does
not apply with respect to an individual shipment of seafood
originating from an exporter whose products must otherwise be
refused admission under such paragraph if the exporter presents
evidence to the Secretary of Health and Human Services or the
Secretary of Commerce from a laboratory accredited under
section 422 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 350k), or other equivalent evidence, documenting that
the shipment is in compliance with the provisions of subsection
(a) and other applicable Federal laws or regulations
prohibiting seafood fraud.
(4) Termination of individual shipment screening
requirement.--Paragraph (1) shall cease to prohibit the
admission of seafood originating from an exporter based on a
prior shipment if the Secretary of Health and Human Services or
the Secretary of Commerce determines that--
(A) each prior shipment whose appearance triggered
the application of such paragraph was in fact in
compliance with the provisions of subsection (a) and
other applicable Federal laws or regulations, including
those prohibiting seafood fraud; or
(B) during the preceding 12 months, no shipment of
seafood originating from the exporter has triggered the
application of paragraph (1).
(c) Penalties.--The Secretary of Commerce shall prevent any person
from violating this Act, or any Act to which this section applies, in
the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though sections 308 through 311 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through
1861) were incorporated into and made a part of and applicable to this
Act.
(d) List of Offenders.--The Secretary of Commerce, in consultation
with the Secretary of Health and Human Services, shall develop,
maintain, and post on the public website of the Department of Commerce
a list that--
(1) includes, by country, each exporter whose seafood is
imported or offered for import into the United States; and
(2) for each such exporter, tracks the timing, type, and
frequency of violations of Federal law relating to seafood
fraud.
(e) Inspections.--The Secretary of Commerce, in consultation with
the Secretary of Health and Human Services, shall--
(1) increase, as resources allow, the number of foreign and
domestic seafood shipments that are inspected for seafood fraud
by National Oceanic and Atmospheric Administration inspectors
and authorized officers, including verification of compliance
with the traceability requirements of subsection (a);
(2) ensure that the percentage of seafood shipments
inspected during a given year is not lower than the percentage
inspected during the previous year; and
(3) to the maximum extent practicable, ensure that
inspections and tests for seafood fraud prevention also collect
information to support the Secretary of Health and Human
Services in implementing the seafood safety requirements of the
FDA Food Safety Modernization Act (Public Law 111-353).
(f) Impact on Existing Food Safety Authority.--Nothing in this
section shall be construed to limit the authority of the Secretary of
Health and Human Services to execute or enforce food safety laws or
regulations that may be adopted pursuant to the FDA Food Safety
Modernization Act (Public Law 111-353).
SEC. 4. AUTHORITY OF STATES.
Whenever the attorney general of a State, or an official or agency
designated by a State, has reason to believe that any person has
engaged or is engaging in a pattern or practice of seafood fraud in
violation of subsection (a) or (b) of section 3, the State may bring a
civil action on behalf of its residents to enjoin fraud, an action to
recover for actual monetary loss or receive $10,000 in damages for each
violation, or both such actions. If the court finds the defendant
willfully or knowingly violated this Act, the court may, in its
discretion, increase the amount of the award to an amount equal to not
more than 3 times the amount available under the preceding sentence.
Nothing in this section shall preclude an individual from bringing a
civil action.
SEC. 5. PREEMPTION.
Nothing in this Act preempts the authority of a State to establish
and enforce requirements for improving seafood safety and preventing
seafood fraud that are consistent with the requirements of this Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``other applicable Federal laws and
regulations'' means Federal statutes, regulations, and
international agreements (other than this Act) pertaining to
the importation, exportation, transportation, sale, harvest,
processing, or trade of seafood, including the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et
seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.), the FDA Food Safety Modernization Act (Public Law
111-353), the Fair Packaging and Labeling Act (15 U.S.C. 1451
et seq.), subtitle D of the Agricultural Marketing Act of 1946
(7 U.S.C. 1638 et seq.), parts 60 and 65 of title 7, Code of
Federal Regulations (or any successor regulations), and part
123 of title 21, Code of Federal Regulations (or any successor
regulations).
(2) The term ``seafood'' means finfish, mollusks,
crustaceans, and all other forms of marine animal and plant
life other than marine mammals and birds.
(3) The term ``seafood fraud'' means the mislabeling or
misrepresentation of the information required under this Act or
other applicable Federal laws and regulations. | Protecting Honest Fishermen Act of 2015 This bill requires the National Oceanic and Atmospheric Administration (NOAA) to ensure that its seafood inspection activities are coordinated with the national sea grant college program to provide outreach on seafood safety to states, local health agencies, consumers, and the seafood industry. The Department of Commerce and the Department of Health and Human Services (HHS) must ensure that seafood inspections and tests collect information for seafood fraud detection and prevention. "Seafood fraud" is defined as the mislabeling or misrepresentation of seafood information. Seafood imported into the United States or distributed or offered for sale in interstate commerce must display (on its packaging or otherwise accompanying the seafood) through processing, distribution, and final sale: (1) the market and scientific species names, (2) whether the seafood was harvested wild or was farm-raised, (3) the harvest method and date of the catch, and (4) the weight or number of product for an individual fish or lot. Additional information is required for seafood that was: (1) previously frozen, treated with substances affecting weight, or processed in a country other than that in which it was landed or harvested; or (2) farm-raised. The bill exempts importers, processors, distributors, or retailers from violations for unknowingly selling a product that was already mislabeled upon receipt, provided that such entities can produce the appropriate product traceability documentation. As an alternative to the disclosure requirements for certain categories of information, an importer, processor, distributor, or retailer (including a restaurant) may make the information available upon request to federal, state, or local officials authorized to conduct inspections of: (1) seafood, or (2) any facility that processes or sells seafood. Persons engaging in fishing on a U.S. vessel in the exclusive economic zone under the Magnuson-Stevens Fishery Conservation and Management Act are deemed to be in compliance with traceability requirements if they disclose data required for a fishery management plan. Seafood imports from an exporter shall be refused admission if any shipment of such seafood appears to be in violation of such seafood traceability requirements or other applicable federal laws or regulations. An exception is provided for individual shipments if the exporter presents evidence of compliance from an accredited laboratory. HHS and Commerce must post on their public websites a list that: (1) includes, by country, each exporter whose seafood is imported or offered for import into the United States; and (2) tracks, for each exporter, the timing, type, and frequency of violations. Commerce is required to: (1) increase the number of shipments inspected for seafood fraud by NOAA inspectors and authorized officers, (2) prevent the percentage of seafood shipments inspected from declining in a subsequent year, and (3) ensure that inspections for fraud prevention also collect seafood safety information. The bill also authorizes states to bring civil actions for seafood fraud violations. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Turkey Free Trade
Agreement Act of 1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Republic of Turkey (in this Act referred to as
``Turkey'') has played an important strategic, political, and
economic role in Europe, Asia, and the Middle East since its
founding in 1923 by Mustafa Kemal ``Ataturk'' following the
collapse of the 600-year Ottoman Empire.
(2) The friendship shared between the United States and
Turkey dates to the late 18th century and was consecrated by
the Treaty of Commerce and Navigation between the United States
and the Ottoman Empire in 1830.
(3) The United States reaffirmed its relationship with
Turkey by entering into the Treaty of Commerce and Navigation
of 1929.
(4) The United States and Turkey have subsequently entered
into over 60 treaties, memoranda of understanding, and other
agreements on a broad range of issues, including a bilateral
investment treaty (1986), a bilateral tax treaty (1998), and a
trade and investment framework agreement (1999), as evidence of
their strong friendship.
(5) Turkey is located in the strategic corridor between
Europe and Asia, bordering the Black Sea and the Mediterranean
Sea.
(6) Turkey has been a strategic partner of the United
States since it joined the allies at the end of World War II.
(7) The strategic alliance between Turkey and the United
States was cemented by--
(A) the agreement of July 12, 1947 implementing the
Truman doctrine;
(B) Turkey's membership in the North Atlantic
Treaty Organization (NATO) in 1952; and
(C) the United States-Turkey Agreement for
Cooperation on Defense and Economy of 1980.
(8) Turkey is also an important industrialized economy and
was a founding member of the Organization for Economic
Cooperation and Development (OECD) and the United Nations.
(9) Turkey has made significant progress since the 1980's
in liberalizing its economy and integrating with the global
economy.
(10) Turkey has joined other nations in advocating an open
trading system through its membership in the General Agreement
on Tariffs and Trade and the World Trade Organization.
(11) Despite the deep friendship between the United States
and Turkey, their trading relationship remains small.
(12) In 1998, United States merchandise exports to Turkey
reached $3,500,000,000.
(13) In 1998, United States imports from Turkey totaled
$2,500,000,000 or less than 0.3 percent of United States total
imports.
(14) A free trade agreement between the United States and
Turkey would greatly benefit both the United States and Turkey
by expanding their commercial ties.
SEC. 3. NEGOTIATING OBJECTIVES FOR A UNITED STATES-TURKEY FREE TRADE
AGREEMENT.
The overall trade negotiating objectives of the United States with
respect to a United States-Turkey Free Trade Agreement are to obtain--
(1) more open, equitable, and reciprocal market access
between the United States and Turkey; and
(2) the reduction or elimination of barriers and other
trade-distorting policies and practices that inhibit trade
between the United States and Turkey.
SEC. 4. NEGOTIATION OF A UNITED STATES-TURKEY FREE TRADE AGREEMENT.
(a) In General.--Subject to sections 5 and 6, the President is
authorized to enter into an agreement described in subsection (c). The
provisions of section 151(c) of the Trade Act of 1974 (19 U.S.C.
2191(c)) shall apply with respect to a bill to implement such agreement
if such agreement is entered into on or before December 31, 2005.
(b) Tariff Proclamation Authority.--
(1) In general.--The President is authorized to proclaim--
(A) such modification or continuation of any
existing duty,
(B) such continuance of existing duty-free or
excise treatment, or
(C) such additional duties
as the President determines to be required or appropriate to
carry out the trade agreement described in subsection (c).
(2) Limitations.--No proclamation may be made under
paragraph (1) that--
(A) reduces any rate of duty (other than a rate of
duty that does not exceed 5 percent ad valorem on the
date of enactment of this Act) to a rate which is less
than 50 percent of the rate of such duty that applies
on such date of enactment;
(B) provides for a reduction of duty on an article
to take effect on a date that is more than 10 years
after the first reduction that is proclaimed to carry
out a trade agreement with respect to such article; or
(C) increases any rate of duty above the rate that
applied on the date of enactment of this Act.
(3) Aggregate reduction; exemption from staging.--
(A) Aggregate reduction.--Except as provided in
subparagraph (B), the aggregate reduction in the rate
of duty on any article which is in effect on any day
pursuant to a trade agreement entered into under
paragraph (1) shall not exceed the aggregate reduction
which would have been in effect on such day if--
(i) a reduction of 3 percent ad valorem or
a reduction of one-tenth of the total
reduction, whichever is greater, had taken
effect on the effective date of the first
reduction proclaimed under paragraph (1) to
carry out such agreement with respect to such
article; and
(ii) a reduction equal to the amount
applicable under clause (i) had taken effect at
1-year intervals after the effective date of
such first reduction.
(B) Exemption from staging.--No staging under
subparagraph (A) is required with respect to a rate
reduction that is proclaimed under paragraph (1) for an
article of a kind that is not produced in the United
States. The United States International Trade
Commission shall advise the President of the identity
of articles that may be exempted from staging under
this subparagraph.
(4) Rounding.--If the President determines that such action
will simplify the computation of reductions under paragraph
(3), the President may round an annual reduction by the lesser
of--
(A) the difference between the reduction without
regard to this paragraph and the next lower whole
number; or
(B) one-half of 1 percent ad valorem.
(5) Other limitations.--A rate of duty reduction or
increase that may not be proclaimed by reason of paragraph (2)
may take effect only if a provision authorizing such reduction
or increase is included within an implementing bill provided
for under section 6(c) and that bill is enacted into law.
(c) Agreement Described.--An agreement described in this subsection
means a bilateral agreement between the United States and Turkey that
provides for the reduction and ultimate elimination of tariffs and
nontariff barriers to trade and the eventual establishment of a free
trade agreement between the United States and Turkey.
SEC. 5. CONSULTATIONS WITH CONGRESS ON NEGOTIATIONS OF A UNITED STATES-
TURKEY FREE TRADE AGREEMENT.
Before entering into any trade agreement under section 4 (including
immediately before initialing an agreement), the President shall
consult closely and on a timely basis on the nature of the agreement
and the extent to which it will achieve the purposes of this Act with--
(1) the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate;
(2) the congressional advisers for trade policy and
negotiations appointed under section 161 of the Trade Act of
1974 (19 U.S.C. 2211); and
(3) each other committee of the House of Representatives
and the Senate, and each joint committee of Congress, which has
jurisdiction over legislation involving subject matters that
would be affected by the trade agreement.
SEC. 6. IMPLEMENTATION OF UNITED STATES-TURKEY FREE TRADE AGREEMENT.
(a) Notification and Submission.--Any agreement entered into under
section 4 shall enter into force with respect to the United States if
(and only if)--
(1) the President, at least 60 calendar days before the day
on which the President enters into the trade agreement,
notifies the House of Representatives and the Senate of the
President's intention to enter into the agreement, and promptly
thereafter publishes notice of such intention in the Federal
Register;
(2) within 60 calendar days after entering into the
agreement, the President submits to Congress a description of
those changes to existing laws that the President considers
would be required in order to bring the United States into
compliance with the agreement;
(3) after entering into the agreement, the President
submits a copy of the final legal text of the agreement,
together with--
(A) a draft of an implementing bill described in
subsection (c);
(B) a statement of any administrative action
proposed to implement the trade agreement; and
(C) the supporting information described in
subsection (b); and
(4) the implementing bill is enacted into law.
(b) Supporting Information.--The supporting information required
under subsection (a)(3)(C) consists of--
(1) an explanation as to how the implementing bill and
proposed administrative action will change or affect existing
law; and
(2) a statement--
(A) asserting that the agreement makes progress in
achieving the objectives of this Act; and
(B) setting forth the reasons of the President
regarding--
(i) how and to what extent the agreement
makes progress in achieving the objectives
referred to in subparagraph (A);
(ii) whether and how the agreement changes
provisions of an agreement previously
negotiated;
(iii) how the agreement serves the
interests of United States commerce; and
(iv) any proposed administrative action.
(c) Bills Qualifying for Trade Agreement Approval Procedures.--The
provisions of section 151 of the Trade Act of 1974 apply to an
implementing bill submitted pursuant to subsection (b) that contains
only--
(1) provisions that approve a trade agreement entered into
under section 4 that achieves the negotiating objectives set
forth in section 3 and the statement of administrative action
(if any) proposed to implement such trade agreement;
(2) provisions that are--
(A) necessary to implement such agreement; or
(B) otherwise related to the implementation,
enforcement, and adjustment to the effects of such
trade agreement; and
(3) provisions necessary for purposes of complying with
section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 in implementing the applicable trade
agreement.
SEC. 7. CONSIDERATION OF IMPLEMENTING BILL.
(a) Congressional Consideration of Implementing Bill.--When the
President submits to Congress a bill to implement the trade agreement
as described in section 6(c), the bill shall be introduced and
considered pursuant to the provisions of section 151 of the Trade Act
of 1974 (19 U.S.C. 2191).
(b) Conforming Amendments.--Section 151 of the Trade Act of 1974
(19 U.S.C. 2191) is amended--
(1) in subsection (b)(1), by inserting ``section 6 of the
United States-Turkey Free Trade Agreement Act of 1999'' after
``the Omnibus Trade and Competitiveness Act of 1988,''; and
(2) in subsection (c)(1), by inserting ``or under section 6
of the United States-Turkey Free Trade Agreement Act of 1999,''
after ``the Uruguay Round Agreements Act,''. | Authorizes the President to enter into a bilateral agreement between the United States and Turkey that provides for the reduction and ultimate elimination of tariffs and nontariff barriers to trade and the eventual establishment of a free trade agreement between the two countries.
Requires the President to consult with Congress before entering into any trade agreement under this Act.
Sets forth congressional procedures for consideration of implementing legislation with respect to a United States-Turkey Free Trade Agreement. | [
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TITLE I--HOMELESS VETERANS MATTERS
SECTION 101. SHORT TITLE.
This Act may be cited as the ``Helping Homeless Heroes Act of
2011''.
SEC. 102. ENHANCEMENT OF COMPREHENSIVE SERVICE PROGRAMS.
(a) Enhancement of Grants.--Section 2011 of title 38, United States
Code, is amended--
(1) in subsection (b)(1)(A), by striking ``expansion,
remodeling, or alteration of existing facilities, or
acquisition of facilities,'' and inserting ``new construction
of facilities, expansion, remodeling, or alteration of existing
facilities, or acquisition of facilities''; and
(2) in subsection (c)--
(A) in the first sentence, by striking ``A grant''
and inserting ``(1) A grant'';
(B) in the second sentence of paragraph (1), as
designated by subparagraph (A), by striking ``The
amount'' and inserting the following:
``(2) The amount''; and
(C) by adding at the end the following new
paragraph:
``(3)(A) The Secretary may not deny an application from an
entity that seeks a grant under this section to carry out a
project described in subsection (b)(1)(A) solely on the basis
that the entity proposes to use funding from other private or
public sources, if the entity demonstrates that a private
nonprofit organization will provide oversight and site control
for the project.
``(B) In this paragraph, the term `private
nonprofit organization' means the following:
``(i) An incorporated private institution,
organization, or foundation--
``(I) that has received, or has
temporary clearance to receive, tax-
exempt status under paragraph (2), (3),
or (19) of section 501(c) of the
Internal Revenue Code of 1986;
``(II) for which no part of the net
earnings of the institution,
organization, or foundation inures to
the benefit of any member, founder, or
contributor of the institution,
organization, or foundation; and
``(III) that the Secretary
determines is financially responsible.
``(ii) A for-profit limited partnership or
limited liability company, the sole general
partner or manager of which is an organization
that is described by subclauses (I) through
(III) of clause (i).
``(iii) A corporation wholly owned and
controlled by an organization that is described
by subclauses (I) through (III) of clause
(i).''.
(b) Grant and Per Diem Payments.--
(1) Study and development of fiscal controls and payment
method.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall--
(A) complete a study of all matters relating to the
method used by the Secretary to make per diem payments
under section 2012(a) of title 38, United States Code;
and
(B) develop an improved method for adequately
reimbursing recipients of grants under section 2011 of
such title for services furnished to homeless veterans.
(2) Consideration.--In developing the method required by
paragraph (1)(B), the Secretary may consider payments and
grants received by recipients of grants described in such
paragraph from other departments and agencies of Federal and
local governments and from private entities.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on--
(A) the findings of the Secretary with respect to
the study required by subparagraph (A) of paragraph
(1);
(B) the method developed under subparagraph (B) of
such paragraph; and
(C) any recommendations of the Secretary for
revising the method described in subparagraph (A) of
such paragraph and any legislative action the Secretary
considers necessary to implement such method.
(c) Authorization of Appropriations.--Section 2013 of such title is
amended by striking ``subchapter'' and all that follows through the
period and inserting the following: ``subchapter amounts as follows:
``(1) $150,000,000 for each of fiscal years 2007 through
2009.
``(2) $175,100,000 for fiscal year 2010.
``(3) $217,700,000 for fiscal year 2011.
``(4) $250,000,000 for fiscal year 2012.
``(5) $150,000,000 for fiscal year 2013 and each fiscal
year thereafter.''.
SEC. 103. MODIFICATION OF GRANT PROGRAM FOR HOMELESS VETERANS WITH
SPECIAL NEEDS.
(a) Inclusion of Entities Eligible for Comprehensive Service
Program Grants and Per Diem Payments for Services to Homeless
Veterans.--Subsection (a) of section 2061 of such title is amended--
(1) by striking ``to grant and per diem providers'' and
inserting ``to entities eligible for grants and per diem
payments under sections 2011 and 2012 of this title''; and
(2) by striking ``by those facilities and providers'' and
inserting ``by those facilities and entities''.
(b) Inclusion of Male Homeless Veterans With Minor Dependents.--
Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``, including women who
have care of minor dependents'';
(2) in paragraph (3), by striking ``or'';
(3) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(4) by adding at the end the following new paragraph:
``(5) individuals who have care of minor dependents.''.
(c) Authorization of Provision of Services to Dependents.--Such
section is further amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Provision of Services to Dependents.--A recipient of a grant
under subsection (a) may use amounts under the grant to provide
services directly to a dependent of a homeless veteran with special
needs who is under the care of such homeless veteran while such
homeless veteran receives services from the grant recipient under this
section.''.
SEC. 104. MODIFICATION OF AUTHORITY FOR PROVISION OF TREATMENT AND
REHABILITATION TO CERTAIN VETERANS TO INCLUDE PROVISION
OF TREATMENT AND REHABILITATION TO HOMELESS VETERANS WHO
ARE NOT SERIOUSLY MENTALLY ILL.
Section 2031(a) of such title is amended in the matter before
paragraph (1) by striking ``, including'' and inserting ``and to''.
SEC. 105. PLAN TO END VETERAN HOMELESSNESS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a comprehensive plan to end homelessness among veterans.
(b) Elements.--The plan required by subsection (a) shall include
the following:
(1) An analysis of programs of the Department of Veterans
Affairs and other departments and agencies of the Federal
Government that are designed to prevent homelessness among
veterans and assist veterans who are homeless.
(2) An evaluation of whether and how coordination between
the programs described in paragraph (1) would contribute to
ending homelessness among veterans.
(3) Recommendations for improving the programs described in
paragraph (1), enhancing coordination between such programs, or
eliminating programs that are no longer effective.
(4) Recommendations for new programs to prevent and end
homelessness among veterans, including an estimate of the cost
of such programs.
(5) A timeline for implementing the plan, including
milestones to track the implementation of the plan.
(6) Benchmarks to measure the effectiveness of the plan and
the efforts of the Secretary to implement the plan.
(7) Such other matters as the Secretary considers
necessary.
(c) Consideration of Veterans Located in Rural Areas.--The
analysis, evaluation, and recommendations included in the report
required by subsection (a) shall include consideration of the
circumstances and requirements that are unique to veterans located in
rural areas.
SEC. 106. EXTENSION OF CERTAIN AUTHORITIES RELATING TO HOMELESS
VETERANS.
(a) Health Care for Homeless Veterans.--Section 2031(b) of title
38, United States Code, is amended by striking ``December 31, 2011''
and inserting ``December 31, 2012''.
(b) Centers for Provision of Comprehensive Services to Homeless
Veterans.--Section 2033(d) of such title is amended by striking
``December 31, 2011'' and inserting ``December 31, 2014''.
(c) Property Transfers for Housing Assistance for Homeless
Veterans.--Section 2041(c) of such title is amended by striking
``December 31, 2011'' and inserting ``December 31, 2014''.
(d) Advisory Committee on Homeless Veterans.--Section 2066(d) of
such title is amended by striking ``December 30, 2011'' and inserting
``December 30, 2013''.
SEC. 107. REAUTHORIZATION OF APPROPRIATIONS FOR HOMELESS VETERANS
REINTEGRATION PROGRAM.
Section 2021(e)(1) of such title is amended adding at the end the
following new subparagraph:
``(G) $50,000,000 for fiscal year 2012.''.
SEC. 108. REAUTHORIZATION OF APPROPRIATIONS FOR FINANCIAL ASSISTANCE
FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN
FAMILIES IN PERMANENT HOUSING.
(a) In General.--Section 2044(e) of such title is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(D) $100,000,000 for fiscal year 2012.''; and
(2) in paragraph (3), by striking ``2011'' and inserting
``2012''.
(b) Technical Amendment.--Paragraph (1) of such subsection is
further amended by striking ``carry out subsection (a), (b), and (c)''
and inserting ``carry out subsections (a), (b), and (c)''.
SEC. 109. REAUTHORIZATION OF APPROPRIATIONS FOR GRANT PROGRAM FOR
HOMELESS VETERANS WITH SPECIAL NEEDS.
Section 2061(c)(1) of such title is amended by striking ``2011''
and inserting ``2013''. | Helping Homeless Heroes Act of 2011 - Allows grants made by the Secretary of Veterans Affairs (VA) for homeless veterans' comprehensive services programs (outreach, rehabilitation, vocational counseling, and transitional housing assistance) to be used for the construction of new facilities. Prohibits the Secretary from denying applications for such grants solely on the basis that the grant entity proposes to use funding from other private or public sources, as long as such entity demonstrates that a private nonprofit organization will provide project oversight and site control.
Revises eligibility: (1) under the grant program for entities serving homeless veterans with special needs, and (2) for treatment and rehabilitation of homeless veterans who are not seriously mentally ill.
Includes all individuals caring for minor dependents (current law applies only to women caring for minor dependents) within the definition of "homeless veterans with special needs."
Directs the Secretary to submit to Congress a comprehensive plan to end homelessness among veterans. Requires the plan to consider circumstances and requirements unique to veterans located in rural areas.
Extends provisions concerning: (1) homeless veterans' health care to December 31, 2012; (2) centers for provision of comprehensive services and property transfers for housing assistance to December 31, 2014; and (3) the Advisory Committee on Homeless Veterans to December 30, 2013. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Tobacco Trust Fund Act of
1998''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A consensus exists within the scientific and medical
communities that tobacco products are inherently dangerous and
cause cancer, heart disease, emphysema, and other serious
illnesses.
(2) Tobacco advertising and marketing has for decades
contributed significantly to the use of tobacco products by
adolescents and young adults, and, particularly, members of the
Nation's uniformed services.
(3) Reliable studies indicate that 75 percent of World War
II veterans began smoking as young adults, and today large
numbers of veterans are smokers.
(4) Smoking related illnesses are highly prevalent among
the more than 3,000,000 veterans who use the Department of
Veterans Affairs health care system annually.
(5) The Department of Veterans Affairs estimates that it
spent $3,600,000,000 in 1997 to treat smoking-related illnesses
and that over the next five years it will spend $20,000,000,000
on such care.
(6) Congress established the Department of Veterans Affairs
in furtherance of its constitutional power to provide for the
national defense in order to provide benefits and services to
veterans of the uniformed services.
(7) There is in the Department of Veterans Affairs a health
care system which has as its primary function to provide a
complete medical and hospital service for the medical care and
treatment of such veterans as can be served through available
appropriations.
(8) The sale, distribution, marketing, advertising, and use
of tobacco products has substantially and adversely impaired
the ability of the Department of Veterans Affairs to carry out
its health care mission because of the prevalence of smoking-
related illnesses among veterans.
(9) The Federal Government, including the Department of
Veterans Affairs, has lacked the means to prevent the onset of
smoking-related illnesses among veterans and has had no
authority to deny needed treatment to any veteran on the basis
that an illness is or might be smoking-related.
(10) With some 20 percent of its health care budget
absorbed in treating smoking-related illnesses, the Department
of Veterans Affairs health care system has lacked resources to
provide needed nursing home care, home care, community-based
ambulatory care, and other services to tens of thousands of
other veterans.
(11) The network of academically affiliated medical centers
of the Department of Veterans Affairs provides a unique system
within which outstanding medical research is conducted and
which has the potential to expand significantly ongoing
research on tobacco-related illnesses.
(12) It is in the public interest for Congress to enact
legislation requiring that a portion of any amounts received
from manufacturers of tobacco products be used to meet the
costs of (A) treatment for diseases and adverse health effects
associated with the use of tobacco products by those who served
their country in uniform, and (B) medical and health services
research relating to prevention and treatment of, and
rehabilitation from, tobacco addiction and diseases associated
with tobacco use.
SEC. 3. ESTABLISHMENT OF TRUST FUND.
(a) In General.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1729A the following new section:
``Sec. 1729B. Veterans Tobacco Trust Fund
``(a) There is established in the Treasury of the United States a
trust fund to be known as the `Veterans Tobacco Trust Fund', consisting
of such amounts as may be appropriated, credited, or donated to the
trust fund.
``(b) If a law is enacted that provides for the allocation of funds
received from tobacco product manufacturers for programs to reduce use
of tobacco products by minors and for health-care research, among other
purposes, there shall be credited to the trust fund from amounts
received by the United States pursuant to that law, without further
appropriation, the amount of $3,000,000,000.
``(c) Amounts in the trust fund shall be available, without fiscal
year limitation, to the Secretary of Veterans Affairs for the following
purposes:
``(1) Furnishing medical care and services under this
chapter, to be available during any fiscal year for the same
purposes and subject to the same limitations (other than with
respect to the period of availability for obligation) as apply
to amounts appropriated from the general fund of the Treasury
for that fiscal year for medical care.
``(2) Conducting medical research, rehabilitation research,
and health systems research, with particular emphasis on
research relating to prevention and treatment of, and
rehabilitation from, tobacco addiction and diseases associated
with tobacco use.''.
(b) Clerical Amendment.-- The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1729A the following new item:
``Sec. 1729B. Veterans Tobacco Trust Fund.''. | Veterans Tobacco Trust Fund Act of 1998 - Establishes in the Treasury the Veterans Tobacco Trust Fund. Provides that if a law is enacted that provides for the allocation of funds received from tobacco product manufacturers for programs to reduce the use of tobacco products by minors and for health-care research, then there shall be credited to the Fund, without further appropriation, the amount of $3 billion.
Makes such amount available to the Secretary of Veterans Affairs for: (1) furnishing veterans' medical care and services; and (2) conducting medical, rehabilitation, and health systems research, with particular emphasis on research relating to the prevention and treatment of, and rehabilitation from, tobacco addiction and diseases associated with tobacco use. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Broadband Access Enhancement
Act''.
SEC. 2. DEFINITION OF ELIGIBLE RURAL COMMUNITY.
Section 601(b)(2) of the Rural Electrification Act of 1936 (7
U.S.C. 950bb(b)(2)) is amended to read as follows:
``(2) Eligible rural community.--The term `eligible rural
community' means any area of the United States--
``(A) which is not included within the boundaries
of any city, town, borough, or village, whether
incorporated or unincorporated, with a population of
more than 20,000 inhabitants;
``(B) which is not in the urbanized area contiguous
and adjacent to such a city, town, borough, or village;
and
``(C) the average median household income of which
is not more than 80 percent of the national average
median household income.''.
SEC. 3. IMPROVEMENTS TO APPLICATION PROCESS.
(a) Equity Requirements.--Section 601(c) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(c)) is amended by adding at
the end the following:
``(3) Equity requirements.--The Secretary shall not approve
an application submitted pursuant to this section to serve--
``(A) an area in which at least 40 percent of the
population does not have access to broadband service,
unless the value of the assets of the applicant not
pledged or hypothecated for any other purpose equals at
least 10 percent of the principal amount of the loan
which is the subject of the application; or
``(B) any other area, unless value of the assets
referred to in subparagraph (A) equals at least 15
percent of the principal amount of the loan
involved.''.
(b) Reduction in Application Paperwork.--Section 601(c) of such Act
(7 U.S.C. 950bb(c)), as amended by subsection (a) of this section, is
amended by adding at the end the following:
``(4) Paperwork reduction.--The Secretary shall take such
steps as are necessary to reduce the paperwork required of
applicants under this section.''.
(c) Outreach.--Section 601 of such Act (7 U.S.C. 950bb) is amended
by redesignating subsections (i) through (k) as subsection (j) through
(l), respectively, and inserting after subsection (h) the following:
``(i) Outreach.--The Secretary shall conduct outreach designed to
inform the population of areas in which there is no or limited
broadband service of the program carried out under this section.''.
SEC. 4. BAN ON LOAN OR LOAN GUARANTEE FOR NEW BROADBAND SERVICE IN
COMMUNITY WITH SEVERAL SERVICE PROVIDERS.
Section 601(c) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb(c)), as amended by section 3 of this Act, is amended by adding at
the end the following:
``(5) Ban on loan or loan guarantee for new broadband
service in community with 3 or more service providers.--The
Secreary shall not approve an application for a loan or loan
guarantee under this section for the provision of new broadband
service to an eligible rural community in which the service is
provided by 3 or more entities.''.
SEC. 5. ELIMINATION OF LIMITATION ON ELIGIBILITY BASED ON NUMBER OF
SUBSCRIBER LINES.
(a) In General.--Section 601(d) of the Rural Electrification Act of
1936 (7 U.S.C. 950bb(d)) is amended by striking paragraph (3).
(b) Limitations on Amounts Made Available for Entities With Various
Shares of Installed Telephone Suscriber Lines.--Section 601(k) of such
Act (7 U.S.C. 950bb(k)), as so redesignated by section 3(c) of this
Act, is amended by adding at the end the following:
``(5) Limitations on amounts made available for entities
with various shares of installed telephone suscriber lines.--
``(A) Not more than 10 percent of the amounts made
available for each fiscal year under this subsection
may be used to provide loans or loan guarantees to
entities with more than 10 percent of the telephone
subscriber lines installed in the aggregate in the
United States.
``(B) Not more than 40 percent of the amounts made
available for each fiscal year under this subsection
may be used to provide loans or loan guarantees to
entities with not less than 2 percent and not more than
10 percent of the telephone subscriber lines installed
in the aggregate in the United States.''.
SEC. 6. LIMITATION ON TERM OF LOANS AND LOAN GUARANTEES.
Section 601(g)(2) of the Rural Electrification Act of 1936 (7
U.S.C. 950bb(g)(2)) is amended by striking ``the useful life of the
assets constructed, improved, or acquired with the proceeds of the loan
or extension of credit'' and inserting ``35 years''.
SEC. 7. REPORTING REQUIREMENTS.
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb), as amended by section 3(c) of this Act, is amended by
redesignating subsections (k) and (l) as subsection (l) and (m),
respectively, and inserting after subsection (j) the following:
``(k) Annual Reports.--Not later than October 1 of each year, the
Secretary shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report on the status of the program under this
section, which shall include, with respect to the period covered by the
report--
``(1) the number of applications submitted pursuant to this
section;
``(2) the number of the applications that were approved;
``(3) the identity of the communities served by the
applicants with approved applications;
``(4) the type of services offered by applicants for, and
recipients of, loans or loan guarantees under this section;
``(5) the speed of the broadband service offered by the
applicants and recipients;
``(6) how long it took to respond to the applicants; and
``(7) the outreach efforts conducted by the Secretary under
subsection (i).''. | Rural Broadband Access Enhancement Act - Amends the Rural Electrification Act of 1936 to redefine "eligible rural community."
Permits a loan or loan guarantee applicant in an area where 40% of the residents are without broadband access to qualify with a 10% loan equity position.
Provides for: (1) paperwork reduction; and (2) program outreach to underserved areas.
Prohibits loan or loan guarantees for new broadband service in communities with three or more service providers.
Provides that for each fiscal year: (1) not more than 10% of program funds shall be available to providers with more than 10% of national subscriber lines; and (2) 40% of program funds shall be available to providers with between 2%-10% of national subscriber lines.
Revises the amortization period from the life of the asset to 35 years.
Requires an annual broadband program report to Congress. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strong Forests Grow Strong
Communities Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Annual volume requirement.--
(A) In general.--The term ``annual volume
requirement'', with respect to a unit of the National
Forest System, means a volume of national forest
materials no less than 50 percent of the sustained
yield of the unit.
(B) Exclusions.--In determining the volume of
national forest materials or the sustained yield of a
Forest Reserve Revenue Area, the Secretary may not
include non-commercial post and pole sales and personal
use firewood.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Agriculture and the Committee
on Natural Resources of the House of Representatives;
and
(B) the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Energy and Natural
Resources of the Senate.
(3) National forest materials.--The term ``national forest
materials'' has the meaning given that term in section 14(e)(1)
of the National Forest Management Act of 1976 (16 U.S.C.
472a(e)(1)).
(4) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)), except that the term does not include
the National Grasslands and land utilization projects
designated as National Grasslands administered pursuant to the
Act of July 22, 1937 (7 U.S.C. 1010-1012).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) Sustained yield.--The term ``sustained yield'' means
the maximum annual growth potential of the forest calculated on
the basis of the culmination of mean annual increment using
cubic measurement.
(7) State.--The term ``State'' includes the Commonwealth of
Puerto Rico.
SEC. 3. ANNUAL VOLUME REQUIREMENT.
(a) Publication.--Not later than 30 days after the date of the
enactment of this Act, the Secretary shall publish in the Federal
Register, make available on the website of the Forest Service, and
submit to the appropriate congressional committees the annual volume
requirement for each unit of the National Forest System.
(b) Revision.--Upon publication of the annual volume requirement
for a unit of the National Forest System under subsection (a), the
Secretary may not reduce the annual volume requirement for that unit
without the consent of Congress in a law enacted after the date of the
enactment of this Act.
SEC. 4. MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS TO SATISFY ANNUAL
VOLUME REQUIREMENTS.
(a) Requirement To Achieve Annual Volume Requirement.--The
Secretary shall manage the sale of national forest materials in each
unit of the National Forest System in the manner necessary so that the
annual volume requirement for that unit is met each calendar year.
(b) Application of Land and Resource Management Plan.--The
Secretary may modify the standards and guidelines contained in the land
and resource management plan for a unit of the National Forest System
as necessary so as to meet the annual volume requirement for that unit.
(c) Compliance With Endangered Species Act.--
(1) Non-jeopardy assessment.--If the Secretary determines
that a sale of national forest materials may affect the
continued existence of any species listed as endangered or
threatened under section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533), the Secretary shall issue a
determination explaining the view of the Secretary that the
proposed sale is not likely to jeopardize the continued
existence of the species.
(2) Submission, review, and response.--
(A) Submission.--The Secretary shall submit a
determination issued by the Secretary under paragraph
(1) to the Secretary of the Interior or the Secretary
of Commerce, as appropriate.
(B) Review and response.--Within 30 days after
receiving a determination under subparagraph (A), the
Secretary of the Interior or the Secretary of Commerce,
as appropriate, shall provide a written response to the
Secretary concurring in or rejecting the Secretary's
determination. If the Secretary of the Interior or the
Secretary of Commerce rejects the determination, the
written response shall include recommendations for
measures that--
(i) will avoid the likelihood of jeopardy
to an endangered or threatened species;
(ii) can be implemented in a manner
consistent with the intended purpose of the
sale;
(iii) can be implemented consistent with
the scope of the Secretary's legal authority
and jurisdiction; and
(iv) are economically and technologically
feasible.
(3) Formal consultation.--If the Secretary of the Interior
or the Secretary of Commerce rejects a determination issued by
the Secretary under paragraph (1), the Secretary of the
Interior or the Secretary of Commerce also is required to
engage in formal consultation with the Secretary. The
Secretaries shall complete such consultation pursuant to
section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536) within 90 days after the submission of the written
response under paragraph (2).
SEC. 5. STATE MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS WHEN ANNUAL
VOLUME REQUIREMENTS ARE NOT MET.
(a) Request by State To Manage Unit.--
(1) Submission of request; when authorized.--If the
Secretary fails to meet the annual volume requirement for a
unit of the National Forest System for five calendar years,
whether consecutively or over a longer than five-year period,
the State in which the unit is located may submit to the
Secretary a request to enter into a cooperative agreement with
the Secretary for purposes of managing the unit.
(2) Role of political subdivisions.--A State that
undertakes the management of a unit of the National Forest
System under this section may conduct such management directly,
through an agreement with a political subdivision of the State
in which National Forest System lands of that unit are located,
or through contracts with third parties.
(3) Treatment of units located in multiple states.--If a
unit of the National Forest System is located in more than one
State, a State's request under paragraph (1) shall cover only
those National Forest System lands of that unit located in that
State.
(b) Approval of Request.--Not later than 90 days after the date on
which the Secretary receives the request under subsection (a), the
Secretary shall approve the request and enter into the cooperative
agreement unless the Secretary determines that--
(1) the State has failed to demonstrate that it has
sufficient funds to manage the unit of the National Forest
System for the production of national forest materials;
(2) the request is incomplete; or
(3) the proposed cooperative agreement submitted with the
request fails to address all of the items specified in
subsection (f).
(c) Opportunity To Amend Request.--
(1) Notice of denial.--If the Secretary denies a request
received under subsection (a) on the basis of one or more of
the reasons authorized by subsection (b), the Secretary shall
provide the State with a clear and comprehensive statement of--
(A) the reasons why the request was denied; and
(B) any deficiencies in the request or the related
proposed cooperative agreement.
(2) Resubmission.--After receiving a notice from the
Secretary under paragraph (1), a State may amend and resubmit
the denied request.
(d) Request and Cooperative Agreement Deemed Approved.--If the
Secretary does not approve or deny a request submitted under subsection
(a) or (c)(2) within the 90 days after receiving the request, the
request and the proposed cooperative agreement submitted with the
request shall be deemed approved.
(e) Request Contents.--A request submitted under subsection (a)
shall include--
(1) a letter signed by the Governor of the State addressed
to the Secretary that identifies the unit of the National
Forest System that the State will manage for the production of
national forest materials;
(2) the proposed cooperative agreement for State management
of the unit;
(3) the proposed role of political subdivisions of the
State in the management of National Forest System lands of the
unit located within the political subdivisions; and
(4) documentation that demonstrates the ability of the
State to provide sufficient funds to manage the unit for the
duration of the cooperative agreement.
(f) Elements of Cooperative Agreement.--The cooperative agreement
entered into by the Secretary and the Governor of a State for the
management of a unit of the National Forest System shall address the
following:
(1) The State's management of the unit after the effective
date of the transfer of management to the State for a specified
term of years.
(2) A cost-sharing agreement under which the State will
provide a certain amount (equal to not less than 50 percent),
in cash or in-kind, of the total amount required for the
management of the unit.
(3) The amount to be contributed by the State shall be
determined by the Governor of the State and the Secretary, only
after the Secretary submits to the State a categorical
assessment of all costs, in the recent past and anticipated
during the duration of the cooperative agreement, of managing
the unit, including employee salary data.
(4) In the event of a natural disaster, as categorized by
the Federal Emergency Management Agency, the State shall assume
authority over recovery initiatives (nullifying any existing
established Federal response protocol) so that--
(A) the cost of damages to any structure on the
unit be shared by both State and Federal entities at a
ratio in accordance to the cost-sharing agreement; and
(B) the cost and administration of repair of
damages resulting from natural disasters, not including
structures referred to in subparagraph (A), shall be
assumed by the State rather than the Federal
Government.
(5) All revenue accrued from fees, royalties, and other
revenues related to the unit shall be distributed to the State
and Federal entities in accordance to the percentages dictated
by the cost-sharing agreement and shall be used so that the
percentage of funds designated to the Federal entity shall be
made available to the Secretary for use at the sole discretion
of the Secretary.
(6) The procedures to be followed for purposes of the
transition from Federal to State management of the unit,
including--
(A) a guarantee that all Federal employees managing
the unit may remain employed without infringement upon
their existing conditions of employment;
(B) a guarantee that the State may use its
percentage of the amounts required for the management
of the unit to hire additional staff whose terms of
employment shall be decided by the State; and
(C) authority over the unit shall be directed by
the State and a State-appointed manager, but the
implementation of its directives may include the
existing Federal superintendent concerned and performed
in conjunction with State employees.
(7) The transfer to the State of any special use permits
issued to the Secretary with respect to the unit.
(8) A provision stating that lands currently open to
mineral entry under the Act of May 10, 1872 (commonly referred
to as the General Mining Act of 1872; 30 U.S.C. 22 et seq.),
shall remain open to mineral entry under State law unless
subsequently changed by a State mineral closing order.
(g) Applicability of State Law on Qualifying Federal Lands Under
Cooperative Agreement.--State environmental, wildlife, and land
management laws shall supercede Federal environmental, wildlife, and
land management laws on a unit of the National Forest System managed by
a State under a cooperative agreement in place under this section.
(h) Ownership.--Notwithstanding State management of a unit of the
National Forest System under a cooperative agreement entered into under
this section, the United States shall retain all right, title, and
interest in and to the National Forest System lands within the unit.
(i) Termination of Cooperative Agreement.--A cooperative agreement
applicable under this section shall terminate, at the discretion of the
Secretary, under the following circumstances:
(1) The State defaults on a payment, thereby requiring
Federal entities to assume responsibility for the financial
liabilities.
(2) The State is in substantial breach of the cooperative
agreement as determined by a court of the United States.
(3) The cooperative agreement terminates under a term
contained in that agreement.
SEC. 6. ANNUAL REPORT.
(a) Report Required.--Not later than 60 days after the end of each
calendar year, the Secretary shall submit to the appropriate
congressional committees an annual report specifying--
(1) the annual volume requirement in effect for that
calendar year for each unit of the National Forest System;
(2) the units that did not meet the annual volume
requirement;
(3) the units under State management pursuant to section 5;
(4) the volume of board feet actually harvested for each
unit;
(5) the average cost of preparation for sales of national
forest materials; and
(6) the revenues generated from such sales.
(b) Form of Report.--In addition to submitting each report to
Congress, the Secretary shall also make the report available on the
website of the Forest Service. | Strong Forests Grow Strong Communities Act of 2014 - Directs the Secretary of Agriculture (USDA) to publish in the Federal Register and make available on the Forest Service website, the annual volume requirement for each unit of the National Forest System (NFS). Defines the "annual volume requirement" for an NFS unit as a volume of national forest materials (trees, portions of trees, or forest products from NFS lands) that is at least 50% of the unit's sustained yield. Prohibits the Secretary from reducing the annual volume requirement for a unit without the consent of a new Act of Congress. Requires the Secretary to manage the sale of national forest materials in each NFS unit in the manner necessary so that the annual volume requirement for that unit is met each calendar year. Directs the Secretary, if a sale of national forest materials may affect the continued existence of any endangered or threatened species, to issue a determination explaining the view that the proposed sale is not likely to jeopardize the continued existence of that species. Authorizes the state in which an NFS unit is located, if the Secretary fails to meet the annual volume requirement for that unit for five calendar years, whether consecutively or over a longer than five-year period, to request a cooperative agreement with the Secretary for purposes of managing the unit. Permits a state that undertakes the management of an NFS unit to conduct the management directly, through an agreement with a political subdivision of the state, or through contracts with third parties. Limits a state's request to only those NFS lands of a unit located in the state if the unit covers more than one state. Declares that state environmental, wildlife, and land management laws shall supercede federal environmental, wildlife, and management laws on an NSF unit managed by a state under a cooperative agreement in place pursuant to this Act. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Jersey Marine Ecosystem
Protection Act of 1996''.
SEC. 2. PURPOSE.
The purpose of this Act is to preserve and restore the fisheries
and other marine wildlife of the New York Bight by closing the Mud Dump
Site and ending the practice of disposal of contaminated dredged
material within that area.
SEC. 3. CLOSURE OF MUD DUMP SITE.
(a) Termination of Dumping.--On and after September 1, 1997, no
person shall transport any dredged material for the purpose of dumping
it into ocean waters at the Mud Dump Site, other than for purposes of
remediation in accordance with subsection (c).
(b) Conditions for Dumping Before Termination.--
(1) Category i and category ii dredged material only.--
After the date of the enactment of this Act, no person shall
transport any dredged material for the purpose of dumping it
into ocean waters at the Mud Dump Site, other than Category I
dredged material or Category II dredged material.
(2) Conditions for category ii dredged material.--After the
date of the enactment of this Act, no person shall transport
any Category II dredged material for the purpose of dumping it
into ocean waters at the Mud Dump Site, unless the applicant
for a permit for the transport under title I of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
1411 et seq.) has certified, and the Secretary of the Army has
published a finding of, the following:
(A) The affected States or ports were requested to
provide alternative sites for disposal of the material
and failed to provide a reasonable alternative site.
(B) Dumping of the material (including necessary
capping material) at the Mud Dump Site will not
increase the elevation of the ocean bottom at the Mud
Dump Site--
(i) such that the depth of the ocean at
that site is less than 65 feet below the
surface of the ocean; and
(ii) above an elevation designed, based on
scientific evidence, to contain the material
within the lateral limits of the Mud Dump Site.
(c) Site Remediation.--
(1) Plan.--The Administrator of the Environmental
Protection Agency, in cooperation with the Secretary of
Commerce and the Secretary of the Army, shall develop a
remediation and restoration plan in accordance with applicable
laws and regulations for the Mud Dump Site and surrounding
areas.
(2) Designation of site.--The Administrator of the
Environmental Protection Agency shall designate the Mud Dump
Site and surrounding areas that have historically been used for
disposal of contaminated material as the Historic Area
Remediation Site under part 228 of title 40, Code of Federal
Regulations, effective September 1, 1997.
(3) Management of site.--The Historic Area Remediation
Site--
(A) shall be managed to reduce impacts at that site
to acceptable levels in accordance with part 228.11(c)
of title 40, Code of Federal Regulations; and
(B) shall be remediated with uncontaminated dredged
material that--
(i) meets standards for Category I dredged
material; and
(ii) will not cause significant undesirable
effects, including such effects through
bioaccumulation.
(d) Modification of Environmental Assessment.--The Secretary of the
Army and the Administrator of the Environmental Protection Agency shall
modify environmental assessment activities at the Mud Dump Site as
appropriate to reflect the provisions of this Act.
SEC. 4. TERMINATION OF OTHER OCEAN DUMPING OF DREDGED MATERIAL OFF OF
COAST OF NEW JERSEY.
(a) In General.--On and after September 1, 1997, no person shall
transport any dredged material for the purpose of dumping it into ocean
waters in the New York Bight Apex outside of the Historic Area
Remediation Site designated under section 3(c), or into waters of the
New York-New Jersey Harbor.
(b) Prohibition on Designation of Sites and Issuance of Permits.--
The Administrator of the Environmental Protection Agency may not
designate any new site for ocean dumping of dredged material within the
New York Bight Apex, and the Secretary of the Army may not issue any
permit for transportation of dredged material for the purpose of
dumping it in the New York Bight Apex, except in accordance with this
Act.
SEC. 5. VIOLATIONS.
Any violation of section 3 (a) or (b) or section 4(a) shall be
treated as a violation of title I of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1411 et seq.).
SEC. 6. DISPOSAL ALTERNATIVES.
(a) In General.--The Secretary of the Army, in cooperation with the
Administrator of the Environmental Protection Agency, the Secretary of
Transportation, State and local governments, and environmental and port
interests, may establish, operate, and maintain a confined dredged
material disposal facility or facilities within the confines of the
Port of New York and New Jersey. Costs associated with implementation
of this section shall be paid by non-Federal interests in substantially
the same manner as costs are required to be paid by non-Federal
interests under section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $260,000,000.
SEC. 7. DEFINITIONS.
In this Act:
(1) Terms defined in marine protection, research, and
sanctuaries act of 1972.--Any term used in this Act that is
defined in section 3 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1402) has the meaning given
the term in that section.
(2) Category i and category ii dredged material.--Each of
the terms ``Category I dredged material'' and ``Category II
dredged material'', respectively, means such material as
determined under the 1992 United States Army Corps of Engineers
New York District and the Environmental Protection Agency
Region II Guidance for Performing Tests on Dredged Material
Proposed for Ocean Disposal.
(3) Mud dump site.--The term ``Mud Dump Site'' means the
area designated by the Administrator of the Environmental
Protection Agency under part 228.115(d)(6) of title 40, Code of
Federal Regulations, as the New York Bight Dredged Material
Disposal Site (Mud Dump) in the New York Bight Apex, North
Atlantic Ocean for the disposal of dredged material generated
in the Port of New York and New Jersey and nearby harbors.
(4) New york bight apex.--The term ``New York Bight Apex''
means the ocean waters of the Atlantic Ocean westward of 73
degrees 30 minutes west longitude and northward of 40 degrees
10 minutes north latitude. | New Jersey Marine Ecosystem Protection Act of 1996 - Prohibits the transport of dredged material for the purpose of dumping it into ocean waters at the New York Bight Dredged Material Disposal Site (Mud Dump Site), other than for remediation pursuant to this Act, on and after September 1, 1997.
Prohibits, after the date of this Act's enactment, the transport of: (1) dredged material for such purpose, other than Category I or II dredged material; and (2) Category II dredged material for such purpose unless the applicant for a transport permit has certified, and the Secretary of the Army has published a finding, that the affected States or ports were requested to provide alternate disposal sites and failed to provide a reasonable alternative site, and that dumping at the Mud Dump Site will not increase the elevation of the ocean bottom at such Site beyond a certain point.
Directs: (1) the Administrator of the Environmental Protection Agency to develop a remediation and restoration plan in accordance with applicable laws and regulations for the Mud Dump Site and surrounding areas and to designate such Site and areas that have been used for disposal of contaminated material as the Historic Area Remediation Site (to be managed as specified); and (2) the Secretary and Administrator to modify environmental assessment activities at the Mud Dump Site as appropriate to reflect the provisions of this Act.
Prohibits the transport of dredged material for the purpose of dumping it into ocean waters in the New York Bight Apex outside the Historic Area Remediation Site, or into waters of the New York-New Jersey Harbor on and after September 1, 1997. Prohibits the Administrator from designating any new site for ocean dumping of dredged material within the Apex, and the Secretary from issuing any permit for transportation of dredged material for the purpose of dumping it in the Apex, except in accordance with this Act.
Prescribes penalties for violations of this Act.
Directs the Secretary to establish, operate, and maintain a confined dredged material disposal facility or facilities within the confines of the Port of New York and New Jersey.
Authorizes appropriations. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Safety Dividend
Act''.
SEC. 2. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO RECIPIENTS OF
SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD
RETIREMENT BENEFITS, AND VETERANS DISABILITY COMPENSATION
OR PENSION BENEFITS.
(a) Authority To Make Payments.--
(1) Eligibility.--
(A) In general.--The Secretary of the Treasury
shall disburse, out of any funds in the Treasury of the
United States not otherwise appropriated, a cash
payment equal to $250 for each non-COLA year of a
program providing benefit payments described in clause
(i), (ii), or (iii) of subparagraph (C) or in
subparagraph (D) to each individual who, for any month
during such year, is entitled to such benefit payment.
(B) Non-COLA year.--For purposes of this section,
the term ``non-COLA year'' means, in connection with a
program referred to in subparagraph (A), a 12-month
period for which--
(i) a cost-of-living adjustment is
generally provided under such program in
relation to an index specified in section
215(i) of the Social Security Act (42 U.S.C.
415(i)); and
(ii) such an adjustment does not take
effect by reason of the performance of such
index.
(C) Benefit payment described.--For purposes of
subparagraph (A):
(i) Title ii benefit.--A benefit payment
described in this clause is a monthly insurance
benefit payable (without regard to sections
202(j)(1) and 223(b) of the Social Security Act
(42 U.S.C. 402(j)(1), 423(b)) under--
(I) section 202(a) of such Act (42
U.S.C. 402(a));
(II) section 202(b) of such Act (42
U.S.C. 402(b));
(III) section 202(c) of such Act
(42 U.S.C. 402(c));
(IV) section 202(d)(1)(B)(ii) of
such Act (42 U.S.C. 402(d)(1)(B)(ii));
(V) section 202(e) of such Act (42
U.S.C. 402(e));
(VI) section 202(f) of such Act (42
U.S.C. 402(f));
(VII) section 202(g) of such Act
(42 U.S.C. 402(g));
(VIII) section 202(h) of such Act
(42 U.S.C. 402(h));
(IX) section 223(a) of such Act (42
U.S.C. 423(a));
(X) section 227 of such Act (42
U.S.C. 427); or
(XI) section 228 of such Act (42
U.S.C. 428).
(ii) Railroad retirement benefit.--A
benefit payment described in this clause is a
monthly annuity or pension payment payable
(without regard to section 5(a)(ii) of the
Railroad Retirement Act of 1974 (45 U.S.C.
231d(a)(ii))) under--
(I) section 2(a)(1) of such Act (45
U.S.C. 231a(a)(1));
(II) section 2(c) of such Act (45
U.S.C. 231a(c));
(III) section 2(d)(1)(i) of such
Act (45 U.S.C. 231a(d)(1)(i));
(IV) section 2(d)(1)(ii) of such
Act (45 U.S.C. 231a(d)(1)(ii));
(V) section 2(d)(1)(iii)(C) of such
Act to an adult disabled child (45
U.S.C. 231a(d)(1)(iii)(C));
(VI) section 2(d)(1)(iv) of such
Act (45 U.S.C. 231a(d)(1)(iv));
(VII) section 2(d)(1)(v) of such
Act (45 U.S.C. 231a(d)(1)(v)); or
(VIII) section 7(b)(2) of such Act
(45 U.S.C. 231f(b)(2)) with respect to
any of the benefit payments described
in clause (i) of this subparagraph.
(iii) Veterans benefit.--A benefit payment
described in this clause is a compensation or
pension payment payable under--
(I) section 1110, 1117, 1121, 1131,
1141, or 1151 of title 38, United
States Code;
(II) section 1310, 1312, 1313,
1315, 1316, or 1318 of title 38, United
States Code;
(III) section 1513, 1521, 1533,
1536, 1537, 1541, 1542, or 1562 of
title 38, United States Code; or
(IV) section 1805, 1815, or 1821 of
title 38, United States Code,
to a veteran, surviving spouse, child, or
parent as described in paragraph (2), (3),
(4)(A)(ii), or (5) of section 101, title 38,
United States Code.
(D) SSI cash benefit described.--A SSI cash benefit
described in this subparagraph is a cash benefit
payable under section 1611 (other than under subsection
(e)(1)(B) of such section) or 1619(a) of the Social
Security Act (42 U.S.C. 1382, 1382h).
(2) Requirement.--A payment shall be made under paragraph
(1) only to individuals who reside in 1 of the 50 States, the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, American Samoa, or the Northern Mariana
Islands, or who are utilizing a foreign or domestic Army Post
Office, Fleet Post Office, or Diplomatic Post Office address.
For purposes of the preceding sentence, the determination of
the individual's residence shall be based on the address of
record, as of the date of certification under subsection (b)
for a payment under this section under a program specified in
paragraph (1).
(3) No double payments.--An individual shall be paid only 1
payment for any non-COLA year under this section, regardless of
whether the individual is entitled to, or eligible for, more
than 1 benefit or cash payment described in paragraph (1).
(4) Limitation.--A payment under this section shall not be
made (or, in the case of subparagraph (D), shall not be due)--
(A) in the case of an individual entitled to a
benefit specified in paragraph (1)(B)(i) or paragraph
(1)(B)(ii)(VIII) if, for any month within the 12-month
period ending with the month of payment, such
individual's benefit under such paragraph was not
payable by reason of subsection (x) or (y) of section
202 the Social Security Act (42 U.S.C. 402) or section
1129A of such Act (42 U.S.C. 1320a-8a);
(B) in the case of an individual entitled to a
benefit specified in paragraph (1)(B)(iii) if, for any
month within the 12-month period ending with the month
of payment, such individual's benefit under such
paragraph was not payable, or was reduced, by reason of
section 1505, 5313, or 5313B of title 38, United States
Code;
(C) in the case of an individual entitled to a
benefit specified in paragraph (1)(C) if, for any month
within the 12-month period ending with the month of
payment, such individual's benefit under such paragraph
was not payable by reason of subsection (e)(1)(A) or
(e)(4) of section 1611 (42 U.S.C. 1382) or section
1129A of such Act (42 U.S.C. 1320a-8a); or
(D) in the case of any individual whose date of
death occurs--
(i) before the date of the receipt of the
payment; or
(ii) in the case of a direct deposit,
before the date on which such payment is
deposited into such individual's account.
In the case of any individual whose date of death
occurs before a payment is negotiated (in the case of a
check) or deposited (in the case of a direct deposit),
such payment shall not be due and shall not be reissued
to the estate of such individual or to any other
person.
(5) Timing and manner of payments.--The Secretary of the
Treasury shall commence disbursing payments under this section
at the earliest practicable date for any non-COLA year prior to
April 1 following such year. The Secretary of the Treasury may
disburse any payment electronically to an individual in such
manner as if such payment was a benefit payment or cash benefit
to such individual under the applicable program described in
subparagraph (B) or (C) of paragraph (1).
(b) Identification of Recipients.--The Commissioner of Social
Security, the Railroad Retirement Board, and the Secretary of Veterans
Affairs shall certify the individuals entitled to receive payments
under this section for each non-COLA year and provide the Secretary of
the Treasury with the information needed to disburse such payments. A
certification of an individual shall be unaffected by any subsequent
determination or redetermination of the individual's entitlement to, or
eligibility for, a benefit specified in subparagraph (B) or (C) of
subsection (a)(1) (except that such certification shall be affected by
a determination that an individual is an individual described in
subparagraph (A), (B), (C), or (D) of subsection (a)(4) during a period
described in such subparagraphs).
(c) Treatment of Payments.--
(1) Payment to be disregarded for purposes of all federal
and federally assisted programs.--A payment under subsection
(a) shall not be regarded as income and shall not be regarded
as a resource for the month of receipt and the following 9
months, for purposes of determining the eligibility of the
recipient (or the recipient's spouse or family) for benefits or
assistance, or the amount or extent of benefits or assistance,
under any Federal program or under any State or local program
financed in whole or in part with Federal funds.
(2) Payment not considered income for purposes of
taxation.--A payment under subsection (a) shall not be
considered as gross income for purposes of the Internal Revenue
Code of 1986.
(3) Payments protected from assignment.--The provisions of
sections 207 and 1631(d)(1) of the Social Security Act (42
U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of
title 38, United States Code, shall apply to any payment made
under subsection (a) as if such payment was a benefit payment
or cash benefit to such individual under the applicable program
described in subparagraph (B) or (C) of subsection (a)(1).
(4) Payments subject to offset.--Notwithstanding paragraph
(3)--
(A) any payment made under this section shall, in
the case of a payment of a direct deposit which is made
after the date of the enactment of this Act, be subject
to the reclamation provisions under subpart B of part
210 of title 31, Code of Federal Regulations (relating
to reclamation of benefit payments); and
(B) any payment made under this section shall not,
for purposes of section 3716 of title 31, United States
Code, be considered a benefit payment or cash benefit
made under the applicable program described in
subparagraph (B) or (C) of subsection (a)(1), and all
amounts paid shall be subject to offset to collect
delinquent debts.
(d) Payment to Representative Payees and Fiduciaries.--
(1) In general.--In any case in which an individual who is
entitled to a payment under subsection (a) and whose benefit
payment or cash benefit described in paragraph (1) of that
subsection is paid to a representative payee or fiduciary, the
payment under subsection (a) shall be made to the individual's
representative payee or fiduciary and the entire payment shall
be used only for the benefit of the individual who is entitled
to the payment.
(2) Applicability.--
(A) Payment on the basis of a title ii or ssi
benefit.--Section 1129(a)(3) of the Social Security Act
(42 U.S.C. 1320a-8(a)(3)) shall apply to any payment
made on the basis of an entitlement to a benefit
specified in paragraph (1)(B)(i) or (1)(C) of
subsection (a) in the same manner as such section
applies to a payment under title II or XVI of such Act.
(B) Payment on the basis of a railroad retirement
benefit.--Section 13 of the Railroad Retirement Act (45
U.S.C. 231l) shall apply to any payment made on the
basis of an entitlement to a benefit specified in
paragraph (1)(B)(ii) of subsection (a) in the same
manner as such section applies to a payment under such
Act.
(C) Payment on the basis of a veterans benefit.--
Sections 5502, 6106, and 6108 of title 38, United
States Code, shall apply to any payment made on the
basis of an entitlement to a benefit specified in
paragraph (1)(B)(iii) of subsection (a) in the same
manner as those sections apply to a payment under that
title. | Social Security Safety Dividend Act - Directs the Secretary of the Treasury to disburse a $250 payment for a particular year to recipients of Social Security benefits, Supplemental Security Income (SSI) benefits (under title XVI of the Social Security Act), railroad retirement benefits, or veterans disability compensation or pension benefits if no cost-of-living adjustment (COLA) is payable for any month in such a year. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study the Potential
Creation of a National Museum of Asian Pacific American History and
Culture Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the
Commission to Study the Potential Creation of a National Museum
of Asian Pacific American History and Culture established by
section 3(a).
(2) Museum.--The term ``Museum'' means the National Museum
of Asian Pacific American History and Culture.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) In General.--There is established the Commission to Study the
Potential Creation of a National Museum of Asian Pacific American
History and Culture.
(b) Membership.--The Commission shall be composed of 8 members, of
whom--
(1) 2 members shall be appointed by the majority leader of
the Senate;
(2) 2 members shall be appointed by the Speaker of the
House of Representatives;
(3) 2 members shall be appointed by the minority leader of
the Senate; and
(4) 2 members shall be appointed by the minority leader of
the House of Representatives.
(c) Qualifications.--Members of the Commission shall be appointed
to the Commission from among individuals, or representatives of
institutions or entities, who possess--
(1)(A) a demonstrated commitment to the research, study, or
promotion of Asian Pacific American history, art, political or
economic status, or culture; and
(B)(i) expertise in museum administration;
(ii) expertise in fundraising for nonprofit
or cultural institutions;
(iii) experience in the study and teaching
of Asian Pacific American history;
(iv) experience in studying the issue of
the representation of Asian Pacific Americans
in art, life, history, and culture at the
Smithsonian Institution; or
(v) extensive experience in public or
elected service;
(2) experience in the administration of, or the planning
for, the establishment of, museums; or
(3) experience in the planning, design, or construction of
museum facilities.
(d) Prohibition.--No employee of the Federal Government may serve
as a member of the Commission.
(e) Deadline for Initial Appointment.--The initial members of the
Commission shall be appointed not later than the date that is 90 days
after the date of enactment of this Act.
(f) Vacancies.--A vacancy in the Commission--
(1) shall not affect the powers of the Commission; and
(2) shall be filled in the same manner as the original
appointment was made.
(g) Chairperson.--The Commission shall, by majority vote of all of
the members, select 1 member of the Commission to serve as the
Chairperson of the Commission.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Reports.--
(1) Plan of action.--The Commission shall submit to the
President and Congress a report containing the recommendations
of the Commission with respect to a plan of action for the
establishment and maintenance of a National Museum of Asian
Pacific American History and Culture in Washington, DC.
(2) Report on issues.--The Commission shall submit to the
President and Congress a report that addresses the following
issues:
(A) The availability and cost of collections to be
acquired and housed in the Museum.
(B) The impact of the Museum on regional Asian
Pacific American history-related museums.
(C) Potential locations for the Museum in
Washington, DC, and its environs.
(D) Whether the Museum should be part of the
Smithsonian Institution.
(E) The governance and organizational structure
from which the Museum should operate.
(F) Best practices for engaging Asian Pacific
Americans in the development and design of the Museum.
(G) The cost of constructing, operating, and
maintaining the Museum.
(3) Deadline.--The reports required under paragraphs (1)
and (2) shall be submitted not later than the date that is 18
months after the date of the first meeting of the Commission.
(b) Fundraising Plan.--
(1) In general.--The Commission shall develop a fundraising
plan to support the establishment, operation, and maintenance
of the Museum through contributions from the public.
(2) Considerations.--In developing the fundraising plan
under paragraph (1), the Commission shall consider issues
relating to funding the operations and maintenance of the
Museum in perpetuity without reliance on appropriations of
Federal funds.
(3) Independent review.--The Commission shall obtain an
independent review of the viability of the plan developed under
paragraph (1) and such review shall include an analysis as to
whether the plan is likely to achieve the level of resources
necessary to fund the construction of the Museum and the
operations and maintenance of the Museum in perpetuity without
reliance on appropriations of Federal funds.
(4) Submission.--The Commission shall submit the plan
developed under paragraph (1) and the review conducted under
paragraph (3) to the Committees on Transportation and
Infrastructure, House Administration, Natural Resources, and
Appropriations of the House of Representatives and the
Committees on Rules and Administration, Energy and Natural
Resources, and Appropriations of the Senate.
(c) Legislation To Carry Out Plan of Action.--Based on the
recommendations contained in the report submitted under paragraphs (1)
and (2) of subsection (a), the Commission shall submit for
consideration to the Committees on Transportation and Infrastructure,
House Administration, Natural Resources, and Appropriations of the
House of Representatives and the Committees on Rules and
Administration, Energy and Natural Resources, and Appropriations of the
Senate recommendations for a legislative plan of action to establish
and construct the Museum.
(d) National Conference.--Not later than 18 months after the date
on which the initial members of the Commission are appointed under
section 3, the Commission may, in carrying out the duties of the
Commission under this section, convene a national conference relating
to the Museum, to be comprised of individuals committed to the
advancement of the life, art, history, and culture of Asian Pacific
Americans.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION.
(a) Director and Staff.--
(1) In general.--The Commission may employ and compensate
an executive director and any other additional personnel that
are necessary to enable the Commission to perform the duties of
the Commission.
(2) Rates of pay.--Rates of pay for persons employed under
paragraph (1) shall be consistent with the rates of pay allowed
for employees of a temporary organization under section 3161 of
title 5, United States Code.
(b) Not Federal Employment.--Any individual employed under this Act
shall not be considered a Federal employee for the purpose of any law
governing Federal employment.
(c) Technical Assistance.--
(1) In general.--Subject to paragraph (2), on request of
the Commission, the head of a Federal agency may provide
technical assistance to the Commission.
(2) Prohibition.--No Federal employees may be detailed to
the Commission.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Compensation.--
(1) In general.--A member of the Commission--
(A) shall not be considered to be a Federal
employee for any purpose by reason of service on the
Commission; and
(B) shall serve without pay.
(2) Travel expenses.--A member of the Commission shall be
allowed a per diem allowance for travel expenses, at rates
consistent with those authorized under subchapter I of chapter
57 of title 5, United States Code.
(b) Gifts, Bequests, Devises.--The Commission may solicit, accept,
use, and dispose of gifts, bequests, or devises of money, services, or
real or personal property for the purpose of aiding or facilitating the
work of the Commission.
(c) Federal Advisory Committee Act.--The Commission shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 7. TERMINATION.
The Commission shall terminate on the date that is 30 days after
the date on which the final versions of the reports required under
section 4 are submitted.
SEC. 8. FUNDING.
(a) In General.--The Commission shall be solely responsible for
acceptance of contributions for, and payment of the expenses of, the
Commission.
(b) Prohibition.--No Federal funds may be obligated to carry out
this Act. | Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act This bill establishes a Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture. The Commission must: (1) report recommendations for a plan of action for the establishment and maintenance of a National Museum of Asian Pacific American History and Culture in Washington, D.C.; (2) develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through public contributions; (3) obtain an independent review of this fundraising plan, including an analysis of the resources necessary to fund the construction of the Museum and its operations and maintenance in perpetuity without reliance on federal funds; and (4) submit a legislative plan of action to establish and construct the Museum. Directs the Commission's recommendations to address issues including the impact of the Museum on regional Asian Pacific American history-related museums, whether it should be part of the Smithsonian Institution, and the cost of constructing, operating, and maintaining the Museum and acquiring its collections. The Commission may convene a national conference relating to the Museum. Prohibits federal funds from being obligated to carry out this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Empower Low-income Parents
(HELP) Scholarships Amendments of 1997''.
SEC. 2. DEFINITIONS.
Section 6003 of the Elementary and Secondary Education Act of 1965
is amended--
(1) in the section heading by striking ``definition'' and
inserting ``definitions'';
(2) by striking ``(1)'', ``(2)'', and ``(3)'';
(3) in the matter proceeding subparagraph (A), by striking
`` title the term'' and inserting the following:
``title--
``(1) the term'';
(4) by striking the period at the end; and
(5) by adding at the end the following:
``(2) the term `poverty line' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved; and
``(3) the term `voluntary public and private parental
choice program' means a program that meets the requirements of
section 6301(b)(9), is authorized by State law, and includes 1
or more private schools to allow low-income parents to choose
the appropriate school for their children.''.
SEC. 3. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
Section 6102(a) of the Elementary and Secondary Education Act of
1965 is amended to read as follows:
``(a) Distribution Rule.--
``(1) In general.--Except as provided in paragraph (2),
from the sums made available each year to carry out this title,
the State educational agency shall distribute not less than 90
percent to local educational agencies within such State
according to the relative enrollments in public and private,
nonprofit schools within the school districts of such agencies,
adjusted, in accordance with criteria approved by the
Secretary, to provide higher per pupil allocations to local
educational agencies which have the greatest numbers or
percentages of children whose education imposes a higher than
average cost per child, such as--
``(A) children living in areas with high
concentrations of low-income families;
``(B) children from low-income families; and
``(C) children living in sparsely populated areas.
``(2) Exception.--A State that has enacted or will enact a
law that establishes a voluntary public and private parental
choice program and that complies with the provisions of section
6301(b)(9) may reserve an additional 15 percent from the sums
made available each year to carry out this title if the
additional amount reserved is used exclusively for voluntary
public and private parental choice programs.''.
SEC. 4. USES OF FUNDS.
(a) State Uses of Funds.--Section 6201(a)(1) of the Elementary and
Secondary Education Act of 1965 is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) by inserting after subparagraph (C) the following:
``(D) establishing voluntary public and private
parental choice programs in accordance with section
6301(b)(9); and''.
(b) Local Uses of Funds.--Section 6301(b) of the Elementary and
Secondary Education Act of 1965 is amended--
(1) in paragraph (7), by striking ``and'' after the
semicolon;
(2) in paragraph (8), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (8) the following:
``(9) voluntary public and private parental choice programs
that--
``(A) are located in an area that has the greatest
numbers or percentages of children--
``(i) living in areas with a high
concentration of low-income families;
``(ii) from low-income families; or
``(iii) living in sparsely populated areas;
``(B) ensure that participation in such a voluntary
public and private parental choice program is limited
to families whose family income does not exceed 185
percent of the poverty line;
``(C) ensure that--
``(i) the maximum amount of a voluntary
public and private parental choice scholarship
does not exceed the per pupil expenditure of
the local educational agency in which an applicant for a voluntary
public and private parental choice scholarship resides;
``(ii) the minimum amount of a voluntary
public and private parental choice scholarship
is not less than 60 percent of the per pupil
expenditure of the local educational agency in
which an applicant for a voluntary public and
private parental choice scholarship resides or
the cost of tuition at a private school,
whichever is less;
``(D) ensure that for a private school that chooses
to participate in a voluntary public and private
parental choice program--
``(i) such a school is permitted to impose
the same academic requirements for all
students, including students selected for a
scholarship as provided under this paragraph;
``(ii) receipt of funds under this title is
not conditioned with requirements or
regulations that preclude the use of such funds
for sectarian educational purposes or require
removal of religious art, icons, scripture, or
other symbols; and
``(iii) such a school is in compliance with
all State requirements applicable to the
operation of a private school that are in
effect in the year preceding the date of the
enactment of the Helping Empower Low-income
Parents (HELP) Scholarships Amendments of 1997;
``(E) may allow State, local, and private funds to
be used for voluntary public and private parental
choice programs; and
``(F) ensure priority for students who were
enrolled in a public school in the school year
preceding the school year in which a voluntary public
and private parental choice school begins operation.''.
SEC. 5. EVALUATION.
Part D of title VI of the Elementary and Secondary Education Act of
1965 is amended--
(1) by adding at the end of section 6402 the following new
subsection:
``(j) Application.--This section shall not apply to a State or
local educational agency that uses funds to establish a voluntary
public and private parental choice program in accordance with section
6301(b)(9).''; and
(2) by adding at the end of such part the following new
sections:
``SEC. 6404. EVALUATION.
``(a) Annual Evaluation.--
``(1) Contract.--The Comptroller General of the United
States shall enter into a contract, with an evaluating agency
that has demonstrated experience in conducting evaluations, for
the conduct of an ongoing rigorous evaluation of the programs
established under section 6301(b)(9).
``(2) Annual evaluation requirement.--The contract
described in paragraph (1) shall require the evaluating agency
entering into such contract to evaluate annually each program
established under section 6301(b)(9) in accordance with the
evaluation criteria described in subsection (b).
``(3) Transmission.--The contract described in paragraph
(1) shall require the evaluating agency entering into such
contract to transmit to the Comptroller General of the United
States the findings of each annual evaluation under paragraph
(1).
``(b) Evaluation Criteria.--The Comptroller General of the United
States, in consultation with the Secretary, shall establish minimum
criteria for evaluating each program established under section
6301(b)(9). Such criteria shall provide for--
``(1) a description of the implementation of each program
established under section 6301(b)(9) and the program's effects
on all participants, schools, and communities in the program
area, with particular attention given to the effect of parent
participation in the life of the school and the level of
parental satisfaction with the program; and
``(2) a comparison of the educational achievement of all
students in the program area, including a comparison between--
``(A) students receiving a voluntary public and
private parental choice scholarships under section
6301(b)(9); and
``(B) students not receiving a voluntary public and
private parental choice scholarships under such
section.
``(c) Evaluation Funds.--Pursuant to the authority provided under
section 14701, the Secretary shall reserve not more than 0.50 percent
of the amount of funds made available under section 6002 to carry out
this section.
``SEC. 6405. APPLICABILITY.
``(a) Not School Aid.--Subject to subsection (b), funds used under
this title to establish a voluntary public and private parental choice
program shall be considered assistance to the student and shall not be
considered as assistance to any school that chooses to participate in
such program.
``(b) Not Income.--For purposes of Federal tax laws or for
determining eligibility for any other Federal program, a voluntary
public and private parental choice scholarship provided under this
title shall not be treated as income or assistance to the student or
the parents of such student.
``(c) No Federal Control.--The Secretary is not permitted to
exercise any direction, supervision, or control over curricula, program
of instruction, administration, or personnel of any school that chooses
to participate in a voluntary public and private choice program
established under 6309(b)(9).''. | Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997 - Amends title VI (Innovative Education Program Strategies) of the Elementary and Secondary Education Act of 1965 (ESEA) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title IV allotment for use exclusively for such parental choice programs. Requires State educational agencies, except in the case of such programs, to distribute 90 percent (currently 85 percent) of title VI funds to local educational agencies based on criteria which gives priority to low-income families and areas.
Includes such parental choice programs among State and local uses of title VI funds.
Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families; (2) from low-income families; or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line.
Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Requires the Secretary of Education to reserve certain funds for such evaluations.
Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program.
Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program.
Provides that, for purposes of Federal tax laws or for determining eligibility for any other Federal program, a parental choice scholarship shall not be treated as income or assistance to the student or parents. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-terrorism Information Sharing
Is Strength Act''.
SEC. 2. INFORMATION SHARING.
(a) In General.--Section 314 of the USA PATRIOT Act (31 U.S.C. 5311
note) is amended--
(1) in subsection (b)--
(A) by striking ``terrorist or money laundering
activities'' and inserting ``terrorist acts, money
laundering activities, or a specified unlawful activity
(as defined under section 1956(c)(7) of title 18,
United States Code)''; and
(B) by striking ``activities that may involve
terrorist acts or money laundering activities'' and
inserting ``activities that may involve terrorist acts,
money laundering activities, or a specified unlawful
activity''; and
(2) in subsection (c), by inserting ``or a specified
unlawful activity (as defined under section 1956(c)(7) of title
18, United States Code)'' after ``terrorist acts or money
laundering activities''.
(b) Update to Regulations.--Section 314(a) of the USA PATRIOT Act
(31 U.S.C. 5311 note) is amended by striking ``or money laundering
activities'' each place such term appears and inserting ``, money
laundering activities, or a specified unlawful activity (as defined
under section 1956(c)(7) of title 18, United States Code)''.
(c) Sense of Congress.--Section 314 of the USA PATRIOT Act (31
U.S.C. 5311 note) is amended by adding at the end the following:
``(e) Sense of Congress.--It is the sense of the Congress that, in
furtherance of efforts to stop the financing of terror and other forms
of illicit financing through increased sharing of information, and
consistent with the need to prevent inappropriate dissemination of such
information--
``(1) Federal law enforcement agencies and regulators
should share information about terrorist activities, money
laundering activities, and other specified unlawful activities
(as defined under section 1956(c)(7) of title 18, United States
Code) to the fullest extent possible and in a timely fashion;
and
``(2) financial institutions, including nonbank financial
institutions, should share information about such acts and
activities with each other to the fullest extent possible and
in a timely fashion.''.
SEC. 3. DISCLOSURE LIABILITY.
Section 5318(g)(3)(B) of title 31, United States Code, is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(iii) any duty or requirement of a
financial institution or any director, officer,
employee, or agent of such institution to
demonstrate to any person, as used in such
subparagraph, that a disclosure referenced in
such subparagraph is made in good faith.''.
SEC. 4. REPORT TO CONGRESS.
(a) In General.--Not later than the end of the 120-day period
beginning on the date of the enactment of this Act, the Secretary of
the Treasury shall report to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate regarding--
(1) the Department of the Treasury's assessment of the
risks and benefits of allowing sharing of information,
consistent with appropriate privacy protections--
(A) between United States financial institutions
and foreign financial institutions;
(B) between United States financial institutions
and their foreign subsidiaries; and
(C) between United States subsidiaries of foreign
financial institutions and their parent financial
institutions; and
(2) whether a financial institution defined under section
5312(a)(2) of title 31, United States Code, that is not
required under Treasury regulations on the date of the
enactment of this Act to maintain an anti-money laundering
program, should be authorized to appropriately share
information pursuant to subsection (b) of section 314 of the
USA PATRIOT Act, if--
(A) the financial institution voluntarily
establishes and maintains such an anti-money laundering
program;
(B) such program is subject to examination, and has
been examined, by the appropriate regulator; and
(C) the Secretary determines such program to be
adequately operating.
(b) Separate Presentation of Classified Material.--Any part of the
report described under subsection (a) that involves information which
is properly classified under criteria established by the President
shall be submitted to the committees described under subsection (a)
separately in a classified annex and, if requested by the chairman or
ranking Member of one of such committees, as a briefing at an
appropriate level of security.
SEC. 5. RULEMAKING.
Not later than the end of the 180-day period beginning on the date
of the enactment of this Act, the Secretary of the Treasury shall issue
regulations to be consistent with the amendments made by this Act. | Anti-terrorism Information Sharing Is Strength Act This bill amends the USA PATRIOT Act to allow two or more financial institutions and any association of financial institutions, upon notice provided to the Department of the Treasury, to share information with one another regarding individuals, entities, organizations, and countries suspected of the unlawful activity the proceeds of which form the basis of a money laundering offense. A financial institution or association that transmits, receives, or shares such information to identify and report this activity shall not be liable to any person for such disclosure or for any failure to provide notice of it to the subject, or any other person identified in the disclosure, except where the transmission, receipt, or sharing violates the Act or regulations promulgated under it. The bill expresses the sense of Congress concerning the need for federal law enforcement agencies and regulators, as well as financial institutions, to share information about terrorist activities, money laundering activities, and unlawful activities to the fullest extent possible and in a timely fashion. | [
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SECTION 1. AUTOMATIC ELIGIBILITY OF HEAD START PARTICIPANTS.
Section 9(b)(6) of the National School Lunch Act (42 U.S.C.
1758(b)(6)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``a member of'';
(B) in clause (i)--
(i) by inserting ``a member of'' after
``(i)''; and
(ii) by striking ``or'' at the end of the
clause;
(C) in clause (ii)--
(i) by inserting ``a member of'' after
``(ii)''; and
(ii) by striking the period at the end of
the clause and inserting ``; or''; and
(D) by adding at the end the following new clause:
``(iii) enrolled as a participant in a Head Start program
authorized under the Head Start Act (42 U.S.C. 9831 et
seq.).''; and
(2) in subparagraph (B), by striking ``food stamps or aid
to families with dependent children'' and inserting ``food
stamps, aid to families with dependent children, or enrollment
or participation in a Head Start program''.
SEC. 2. CHILD AND ADULT CARE FOOD PROGRAM.
(a) Definition of Institution.--The second sentence of section
17(a) of the National School Lunch Act (42 U.S.C. 1766(a)) is amended
by striking ``for which it receives'' and all that follows through
``whichever is less)'' and inserting ``if at least 25 percent of the
children served by the organization meet the income eligibility
criteria established under section 9(b) for free or reduced price
meals''.
(b) Additional Reimbursement for Family or Group Day Care Home
Sponsoring Organizations.--Section 17(f)(2)(B) of such Act (42 U.S.C.
1766(f)(2)(B)) is amended by striking ``in the case of an institution
(but not in the case of a family or group day care home sponsoring
organization),''.
(c) Enhanced Administrative Reimbursement Rate for Family or Group
Day Care Home Sponsoring Organizations Serving Rural or Low-Income Area
Providers.--Section 17(f)(3)(B) of such Act (42 U.S.C. 1766(f)(3)(B))
is amended by inserting after the second sentence the following new
sentences: ``The Secretary shall set enhanced reimbursement levels for
the administrative expenses of sponsors serving providers in rural
areas or areas in which poor economic conditions exist. Such levels
shall be $10 higher than the standard reimbursement for administrative
expenses described in the first sentence of this subparagraph. Such
enhanced reimbursement levels shall be adjusted July 1 of each year to
reflect changes in the Consumer Price Index for all items for the most
recent 12-month period for which such data are available.''.
(d) Expansion Funds.--Section 17(f)(3)(C) of such Act (42 U.S.C.
1766(f)(3)(C)) is amended--
(1) in the last sentence, by striking ``two months'' and
inserting ``6 months''; and
(2) by adding at the end the following new sentences:
``Expansion funds may be used to conduct outreach to unlicensed
day care homes to enable the day care homes to become licensed
and to participate in the program established under this
section. A sponsoring organization may receive expansion funds
for no more than 50 day care homes.''.
(e) Extension.--Section 17(p)(5) of such Act (42 U.S.C. 1766(p)(5))
is amended by striking ``1994'' and inserting ``1998''.
(f) Medicaid and WIC Information.--Section 17 of such Act (42
U.S.C. 1766) is amended by adding at the end the following new
subsection:
``(q)(1)(A) The Secretary shall provide materials concerning the
medical assistance program established under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) (referred to in this subsection
as the `medicaid program') to State agencies for use in carrying out
the program established under this section.
``(B) The materials shall inform State agencies about the
availability and importance of--
``(i) the medicaid program to children from low-income
families, including a basic explanation of program benefits and
national income standards; and
``(ii) the medicaid program components established for low-
income elderly and disabled persons under subparagraphs
(A)(ii)(X) and (E) of section 1902(a)(10) of the Social
Security Act (42 U.S.C. 1396a(a)(10)), including a basic
explanation of program benefits and national income standards.
``(C) The Secretary--
``(i) may request that the Secretary of Health and Human
Services assist in the preparation of the materials; and
``(ii) shall submit the materials to the Secretary of
Health and Human Services for comment prior to submitting the
materials to State agencies.
``(2) The Secretary shall also provide State agencies with basic
information concerning the importance and benefits of the special
nutrition program for women, infants, and children authorized under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
``(3) The State agency shall--
``(A) provide each child care institution participating in
the program established under this section, other than
institutions providing day care outside school hours for
schoolchildren, with materials that include--
``(i) a basic explanation of the benefits and
importance of--
``(I) health care coverage provided to
young low-income children under the medicaid
program; and
``(II) the special nutrition program for
women, infants, and children;
``(ii) the maximum income limits, according to
family size, applicable to children up to age 5 in the
State under the medicaid program and under the special
nutrition program for women, infants, and children; and
``(iii) a listing of the addresses and phone
numbers of offices at which parents may apply;
``(B) provide each adult day care center participating in
the program established under this section with materials that
include--
``(i) a basic explanation of benefits provided
under subparagraphs (A)(ii)(X) and (E) of section
1902(a)(10) of the Social Security Act;
``(ii) information on the income limits for the
benefits by household size; and
``(iii) a listing of addresses and phone numbers of
offices at which low-income elderly and disabled
persons may apply for the benefits;
``(C) annually provide the institutions with an update of
the information on income limits described in subparagraphs
(A)(ii) and (B)(ii);
``(D) ensure that, at least once a year, the institutions
to which subparagraph (A) applies provide written information
to parents that includes--
``(i) basic information on the benefits provided
under the medicaid program and the special nutrition
program for women, infants, and children;
``(ii) information on the maximum income limits,
according to family size, applicable to each program;
and
``(iii) information on where parents may apply to
participate in each program; and
``(E) ensure that, at least once a year, adult day care
centers provide written information to program participants
that provides--
``(i) basic information on the benefits provided
under subparagraphs (A)(ii)(X) and (E) of section
1902(a)(10) of the Social Security Act;
``(ii) information on the income limits, by
household size, applicable to the benefits; and
``(iii) information on where low-income and
disabled persons may apply for the benefits.''.
SEC. 3. EXPANDED ELIGIBILITY FOR MEAL SUPPLEMENTS FOR AFTERSCHOOL CARE
PROGRAM.
(a) In General.--Section 17A of the National School Lunch Act (42
U.S.C. 1766a) is amended--
(1) in subsection (a)(1), by inserting ``and youths'' after
``children''; and
(2) in subsection (b), by striking ``served to children''
and all that follows and inserting ``served to children and
youths who have not attained the age of 18, including children
of migrant workers or children with handicaps.''.
(b) Conforming Amendment.--The section heading of section 17A of
such Act (42 U.S.C. 1766a) is amended by inserting ``and youths'' after
``children''.
SEC. 4. DEMONSTRATION PROJECTS TO IMPROVE FOOD SERVICE FOR HOMELESS
CHILDREN.
Section 18(c) of the National School Lunch Act (42 U.S.C. 1769(c))
is amended--
(1) in paragraph (6)--
(A) by inserting ``(A)'' after ``(6)''; and
(B) by adding at the end the following new
subparagraph:
``(B) The Secretary shall submit a report to the appropriate
committees of Congress that includes--
``(i) an explanation of the actions the Secretary has taken
to carry out paragraph (7);
``(ii) an estimate, if practicable, of the number of
children living in homeless shelters who are not served by the
program established under this subsection; and
``(iii) a detailed plan for expanding the program so that
more eligible children may participate in the program.''; and
(2) by adding at the end the following new paragraph:
``(8)(A) Out of the funds provided to carry out this subsection,
the Secretary shall use funds, for each of fiscal years 1995 through
1998, to carry out programs operated by shelters, halfway houses, and
hospitals described in subparagraph (B) that the Secretary has approved
for participation, for the purpose of providing nutrition counseling,
nutrition assessments, and referrals to individuals participating in--
``(i) the program established under this subsection;
``(ii) the special nutrition program for women, infants,
and children established under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786);
``(iii) the medical assistance program established under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
(also known as the `medicaid program'); and
``(iv) similar programs for homeless pregnant women,
pregnant women at risk of becoming homeless, homeless mothers
with newborn infants, or the guardians of boarder babies or
other abandoned infants.
``(B) Programs administered by halfway houses, homeless shelters,
hospitals, or transitional housing organizations under subparagraph
(A), if approved by the Secretary, may receive funding under this
paragraph for purposes specified in regulations of the Secretary.
``(C) The Secretary shall impose such auditing and recordkeeping
requirements as are necessary to monitor the use of Federal funds to
carry out this paragraph.
``(D) The Secretary shall periodically report to the appropriate
committees of Congress on the referral and nutrition counseling and
assessment programs carried out under this paragraph.''.
SEC. 5. NUTRITION EDUCATION AND TRAINING ASSISTANCE FOR FAMILY DAY CARE
HOME SPONSORS AND DAY CARE CENTER STAFF.
Section 19(f) of the Child Nutrition Act of 1966 (42 U.S.C.
1788(f)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) Subject to subparagraph (B), any State that receives a
grant authorized by this section in an amount that exceeds the amount
under a grant received by such State for the preceding fiscal year
under this section shall use 20 percent of the excess amount to provide
nutrition education and training in accordance with this section to
institutions (including family or group day care home sponsoring
organizations) under section 17 of the National School Lunch Act (42
U.S.C. 1766) for the purpose of improving the delivery of services
under the child and adult care food program under such section.
``(B) The requirements contained in subparagraph (A) shall apply to
States only with respect to fiscal years for which more than
$10,000,000 is appropriated pursuant to subsection (i) to carry out
this section.''.
SEC. 6. EFFECTIVE DATES.
(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) Special Effective Dates.--The amendments made by--
(1) sections 1, 2(a), and 2(d), take effect on July 1,
1995; and
(2) section 2(e) take effect on October 1, 1995. | Amends the National School Lunch Act (NSLA) to make Head Start participants automatically eligible for free meals under the NSLA school lunch program and the school breakfast program of the Child Nutrition Act of 1966 (CNA).
Revises the child and adult care food program under NSLA. Broadens the definition of eligible institution. Provides for additional reimbursement for family or group day care home sponsoring organizations and an enhanced administrative reimbursement rate for such organizations serving rural or low-income area providers. Increases the allowable amount of startup and expansion funds. Allows expansion funds to be used for outreach to unlicensed day care homes. Extends the authorization of appropriations for such program. Adds provisions relating to information about Medicaid and the special nutrition program for women, infants, and children (WIC).
Expands eligibility for meal supplements for the afterschool care program to youths up to age 18.
Requires the Secretary of Agriculture to report on demonstration projects to improve food service for homeless children. Directs the Secretary to use certain funds for nutrition counseling, assessments, and referrals for participants in such homeless demonstration program, WIC, Medicaid, and similar programs for homeless pregnant women or those at risk of becoming so, homeless mothers with newborn infants, or the guardians of boarder babies or other abandoned infants. Requires periodic reports.
Amends the Child Nutrition Act of 1966 (CNA) to require States to use a portion of certain increased grant funds for nutrition education and training assistance for family day care home sponsors and day care center staff. | [
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SECTION 1. OWNERSHIP.
(a) Repeal of Ownership Based on Aboriginal Lands.--Paragraph (2)
of section 3(a) of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3002(a)(2)) is amended--
(1) by inserting ``or'' at the end of subparagraph (A);
(2) by striking ``; or'' at the end of subparagraph (B) and
inserting a period; and
(3) by striking subparagraph (C).
(b) Inadvertent Discovery.--Subsection (d) of section 3 of the
Native American Graves Protection and Repatriation Act (25 U.S.C. 3002)
is amended--
(1) in paragraph (1), by inserting ``those'' before
``Federal lands''; and
(2) in paragraph (2), by adding at the end the following
new sentence: ``Any person or entity that disposes of or
controls a cultural item referred to in the preceding sentence
shall comply with the applicable requirements of subsection
(c).''.
(c) Recording and Status of Items Excavated or Discovered After
November 16, 1990.--Section 3 of the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3002) is amended by adding at the end
the following new subsection:
``(f) Recording and Status of Items Excavated or Discovered After
November 16, 1990.--Cultural items excavated or discovered on Federal
lands after November 16, 1990, except those items whose ownership or
control is established under paragraph (1) or paragraph (2)(A) of
subsection (a)--
``(1) shall be reasonably recorded according to generally
accepted scientific standards;
``(2) shall remain under the control of the agency having
primary management authority for the land on which the cultural
item was excavated or discovered until 90 days after the
publication in the Federal Register of a notice setting out a
general description of the item, its estimated age, and the
general area of discovery; and
``(3) are subject to the study provisions of subsection
7(b).''.
SEC. 2. LIMITED AUTHORIZATION FOR STUDY.
The last sentence of section 5(b)(2) of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3003(b)(2)) is amended by
inserting ``, except as expressly set forth in sections 3(f) and
7(b),'' after ``mean, and''.
SEC. 3. STUDY AND RECORDING.
Subsection (b) of section 7 of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3005) is amended to read as
follows:
``(b) Study and Recording.--(1) In cases of human remains and
associated funerary objects for which no lineal descendants have been
identified and in cases of all other cultural items:
``(A) If the cultural affiliation of a cultural item has
not been established, studies may be conducted in an attempt to
establish such an affiliation or to obtain scientific,
historical, or cultural information. If the cultural
affiliation of a cultural item is determined pursuant to this
subparagraph, the Federal agency or museum having custody of
the cultural item shall, not later than 90 days after such
determination, notify any culturally affiliated Indian tribe or
Native Hawaiian organization of their affiliation. Such notice
shall be given in the manner specified in paragraphs (2) and
(3) of section 5(d).
``(B) If the cultural affiliation of a cultural item has
been established with an Indian tribe or Native Hawaiian
organization, studies of such item may be conducted if needed
for the completion of a specific scientific study, the outcome
of which is reasonably expected to provide significant new
information concerning the history or prehistory of the United
States. If the culturally affiliated tribe or organization
requests the return of the cultural item, the Federal agency or
museum shall return such item to the Indian tribe or Native
Hawaiian organization not later than 90 days after the date on
which the scientific study is completed. Study of a cultural
item under this subparagraph shall not be permitted to delay
return of the item for more than 180 days after the item is
made available for study, unless a longer period of study is
agreed upon by the culturally affiliated tribe or organization
that has requested return of the cultural item.
``(2) Not later than 180 days after a study conducted under this
subsection is completed, the Federal agency or museum with custody of
the cultural item shall provide a report of the results of the study to
any Indian tribe or Native Hawaiian organization that has an
established cultural affiliation with the cultural item studied.
``(3) If study of a cultural item pursuant to subparagraph (A) or
(B) of paragraph (1) is requested, the Federal agency or museum with
custody of such item shall make such item reasonably available for such
study unless, not later than 90 days after the request for the study is
made, the Secretary determines that the Federal agency or museum has
reasonably established that the potential scientific benefit of the
requested study is outweighed under the circumstances by curatorial,
cultural, or other reasonable considerations.
``(4) Nothing in this subsection shall be construed to require any
museum to undertake or permit any study of a cultural item that is
contrary to policies of the museum or to its prior agreements.''. | Amends the Native American Graves Protection and Repatriation Act to repeal a provision regarding the granting of ownership or control of Native American cultural items which are excavated or discovered on Federal or tribal lands after November 16, 1990, and for which a cultural affiliation is not readily ascertainable.
Directs that such items excavated or discovered on Federal lands: (1) be reasonably recorded according to generally accepted scientific standards; (2) remain under the control of the agency having primary management authority for the land on which the item was excavated or discovered until 90 days after the publication in the Federal Register of a notice setting out a general description of the item, its estimated age, and the general area of discovery; and (3) be subject to the following study provisions.
Revises study and recording provisions to provide that, in cases of human remains and associated funerary objects for which no lineal descendants have been identified and in cases of other cultural items, if the cultural affiliation of a cultural item has: (1) not been established, studies may be conducted in an attempt to establish such an affiliation or to obtain scientific, historical, or cultural information; and (2) been established with an Indian tribe or Native Hawaiian organization, studies of such item may be conducted if needed for the completion of a specific study, the outcome of which is reasonably expected to provide significant new information concerning the history or prehistory of the United States. Requires the Federal agency or museum with custody of the cultural item to: (1) return an item to the affiliated tribe or organization, upon request, within 90 days after the study is completed; and (2) provide a report of the results to such tribe or organization within 180 days after the study is completed. Provides that if a study of a specified cultural item is requested, the Federal agency or museum with custody of such item must make such item reasonably available for such study unless, within 90 days after the request for the study is made, the Secretary determines that the agency or museum has reasonably established that the potential scientific benefit of the requested study is outweighed by curatorial, cultural, or other reasonable considerations. | [
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OF CLAIMS.
(a) In General.--Except as otherwise provided for in this section,
the time for the commencement of a health care lawsuit shall be 3 years
after the date of manifestation of injury or 1 year after the claimant
discovers, or through the use of reasonable diligence should have
discovered, the injury, whichever occurs first.
(b) General Exception.--The time for the commencement of a health
care lawsuit shall not exceed 3 years after the date of manifestation
of injury unless the tolling of time was delayed as a result of--
(1) fraud;
(2) intentional concealment; or
(3) the presence of a foreign body, which has no
therapeutic or diagnostic purpose or effect, in the person of
the injured person.
(c) Minors.--An action by a minor shall be commenced within 3 years
from the date of the alleged manifestation of injury except that if
such minor is under the full age of 6 years, such action shall be
commenced within 3 years of the manifestation of injury, or prior to
the eighth birthday of the minor, whichever provides a longer period.
Such time limitation shall be tolled for minors for any period during
which a parent or guardian and a health care provider or health care
organization have committed fraud or collusion in the failure to bring
an action on behalf of the injured minor.
SEC. 5. COMPENSATING PATIENT INJURY.
(a) Unlimited Amount of Damages for Actual Economic Losses in
HEALTH Care Lawsuits.--In any health care lawsuit, nothing in this Act
shall limit the recovery by a claimant of the full amount of the
available economic damages, notwithstanding the limitation contained in
subsection (b).
(b) Additional Noneconomic Damages.--In any health care lawsuit,
the amount of noneconomic damages recovered, if otherwise available
under applicable Federal or State law, may be as much as $250,000,
regardless of the number of parties against whom the action is brought
or the number of separate claims or actions brought with respect to the
same occurrence.
(c) No Discount of Award for Noneconomic Damages.--In any health
care lawsuit--
(1) an award for future noneconomic damages shall not be
discounted to present value;
(2) the jury shall not be informed about the maximum award
for noneconomic damages under subsection (b);
(3) an award for noneconomic damages in excess of $250,000
shall be reduced either before the entry of judgment, or by
amendment of the judgment after entry of judgment, and such
reduction shall be made before accounting for any other
reduction in damages required by law; and
(4) if separate awards are rendered for past and future
noneconomic damages and the combined awards exceed $250,000,
the future noneconomic damages shall be reduced first.
(d) Fair Share Rule.--In any health care lawsuit, each party shall
be liable for that party's several share of any damages only and not
for the share of any other person. Each party shall be liable only for
the amount of damages allocated to such party in direct proportion to
such party's percentage of responsibility. A separate judgment shall be
rendered against each such party for the amount allocated to such
party. For purposes of this section, the trier of fact shall determine
the proportion of responsibility of each party for the claimant's harm.
SEC. 6. MAXIMIZING PATIENT RECOVERY.
(a) Court Supervision of Share of Damages Actually Paid to
Claimants.--
(1) In general.--In any health care lawsuit, the court
shall supervise the arrangements for payment of damages to
protect against conflicts of interest that may have the effect
of reducing the amount of damages awarded that are actually
paid to claimants.
(2) Contingency fees.--
(A) In general.--In any health care lawsuit in
which the attorney for a party claims a financial stake
in the outcome by virtue of a contingent fee, the court
shall have the power to restrict the payment of a
claimant's damage recovery to such attorney, and to
redirect such damages to the claimant based upon the
interests of justice and principles of equity.
(B) Limitation.--The total of all contingent fees
for representing all claimants in a health care lawsuit
shall not exceed the following limits:
(i) 40 percent of the first $50,000
recovered by the claimant(s).
(ii) 33\1/3\ percent of the next $50,000
recovered by the claimant(s).
(iii) 25 percent of the next $500,000
recovered by the claimant(s).
(iv) 15 percent of any amount by which the
recovery by the claimant(s) is in excess of
$600,000.
(b) Applicability.--
(1) In general.--The limitations in subsection (a) shall
apply whether the recovery is by judgment, settlement,
mediation, arbitration, or any other form of alternative
dispute resolution.
(2) Minors.--In a health care lawsuit involving a minor or
incompetent person, a court retains the authority to authorize
or approve a fee that is less than the maximum permitted under
this section.
(c) Expert Witnesses.--
(1) Requirement.--No individual shall be qualified to
testify as an expert witness concerning issues of negligence in
any health care lawsuit against a defendant unless such
individual--
(A) except as required under paragraph (2), is a
health care professional who--
(i) is appropriately credentialed or
licensed in 1 or more States to deliver health
care services; and
(ii) typically treats the diagnosis or
condition or provides the type of treatment
under review; and
(B) can demonstrate by competent evidence that, as
a result of training, education, knowledge, and
experience in the evaluation, diagnosis, and treatment
of the disease or injury which is the subject matter of
the lawsuit against the defendant, the individual was
substantially familiar with applicable standards of
care and practice as they relate to the act or omission
which is the subject of the lawsuit on the date of the
incident.
(2) Physician review.--In a health care lawsuit, if the
claim of the plaintiff involved treatment that is recommended
or provided by a physician (allopathic or osteopathic), an
individual shall not be qualified to be an expert witness under
this subsection with respect to issues of negligence concerning
such treatment unless such individual is a physician.
(3) Specialties and subspecialties.--With respect to a
lawsuit described in paragraph (1), a court shall not permit an
expert in one medical specialty or subspecialty to testify
against a defendant in another medical specialty or
subspecialty unless, in addition to a showing of substantial
familiarity in accordance with paragraph (1)(B), there is a
showing that the standards of care and practice in the two
specialty or subspecialty fields are similar.
(4) Limitation.--The limitations in this subsection shall
not apply to expert witnesses testifying as to the degree or
permanency of medical or physical impairment.
SEC. 7. ADDITIONAL HEALTH BENEFITS.
(a) In General.--The amount of any damages received by a claimant
in any health care lawsuit shall be reduced by the court by the amount
of any collateral source benefits to which the claimant is entitled,
less any insurance premiums or other payments made by the claimant (or
by the spouse, parent, child, or legal guardian of the claimant) to
obtain or secure such benefits.
(b) Preservation of Current Law.--Where a payor of collateral
source benefits has a right of recovery by reimbursement or subrogation
and such right is permitted under Federal or State law, subsection (a)
shall not apply.
(c) Application of Provision.--This section shall apply to any
health care lawsuit that is settled or resolved by a fact finder.
SEC. 8. PUNITIVE DAMAGES.
(a) Punitive Damages Permitted.--
(1) In general.--Punitive damages may, if otherwise
available under applicable State or Federal law, be awarded
against any person in a health care lawsuit only if it is
proven by clear and convincing evidence that such person acted
with malicious intent to injure the claimant, or that such
person deliberately failed to avoid unnecessary injury that
such person knew the claimant was substantially certain to
suffer.
(2) Filing of lawsuit.--No demand for punitive damages
shall be included in a health care lawsuit as initially filed.
A court may allow a claimant to file an amended pleading for
punitive damages only upon a motion by the claimant and after a
finding by the court, upon review of supporting and opposing
affidavits or after a hearing, after weighing the evidence,
that the claimant has established by a substantial probability
that the claimant will prevail on the claim for punitive
damages.
(3) Separate proceeding.--At the request of any party in a
health care lawsuit, the trier of fact shall consider in a
separate proceeding--
(A) whether punitive damages are to be awarded and
the amount of such award; and
(B) the amount of punitive damages following a
determination of punitive liability.
If a separate proceeding is requested, evidence relevant only
to the claim for punitive damages, as determined by applicable
State law, shall be inadmissible in any proceeding to determine
whether compensatory damages are to be awarded.
(4) Limitation where no compensatory damages are awarded.--
In any health care lawsuit where no judgment for compensatory
damages is rendered against a person, no punitive damages may
be awarded with respect to the claim in such lawsuit against
such person.
(b) Determining Amount of Punitive Damages.--
(1) Factors considered.--In determining the amount of
punitive damages under this section, the trier of fact shall
consider only the following:
(A) the severity of the harm caused by the conduct
of such party;
(B) the duration of the conduct or any concealment
of it by such party;
(C) the profitability of the conduct to such party;
(D) the number of products sold or medical
procedures rendered for compensation, as the case may
be, by such party, of the kind causing the harm
complained of by the claimant;
(E) any criminal penalties imposed on such party,
as a result of the conduct complained of by the
claimant; and
(F) the amount of any civil fines assessed against
such party as a result of the conduct complained of by
the claimant.
(2) Maximum award.--The amount of punitive damages awarded
in a health care lawsuit may not exceed an amount equal to two
times the amount of economic damages awarded in the lawsuit or
$250,000, whichever is greater. The jury shall not be informed
of the limitation under the preceding sentence.
(c) Liability of Health Care Providers.--A health care provider who
prescribes, or who dispenses pursuant to a prescription, a drug or
device (including blood products) approved by the Food and Drug
Administration shall not be named as a party to a product liability
lawsuit invoking such drug or device and shall not be liable to a
claimant in a class action lawsuit against the manufacturer,
distributor, or product seller of such drug or device.
SEC. 9. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS IN
HEALTH CARE LAWSUITS.
(a) In General.--In any health care lawsuit, if an award of future
damages, without reduction to present value, equaling or exceeding
$50,000 is made against a party with sufficient insurance or other
assets to fund a periodic payment of such a judgment, the court shall,
at the request of any party, enter a judgment ordering that the future
damages be paid by periodic payments in accordance with the Uniform
Periodic Payment of Judgments Act promulgated by the National
Conference of Commissioners on Uniform State Laws.
(b) Applicability.--This section applies to all actions which have
not been first set for trial or retrial before the effective date of
this Act.
SEC. 10. EFFECT ON OTHER LAWS.
(a) Vaccine Injury.--
(1) In general.--To the extent that title XXI of the Public
Health Service Act establishes a Federal rule of law applicable
to a civil action brought for a vaccine-related injury or
death--
(A) this Act shall not affect the application of
the rule of law to such an action; and
(B) any rule of law prescribed by this Act in
conflict with a rule of law of such title XXI shall not
apply to such action.
(2) Exception.--If there is an aspect of a civil action
brought for a vaccine-related injury or death to which a
Federal rule of law under title XXI of the Public Health
Service Act does not apply, then this Act or otherwise
applicable law (as determined under this Act) will apply to
such aspect of such action.
(b) Other Federal Law.--Except as provided in this section, nothing
in this Act shall be deemed to affect any defense available to a
defendant in a health care lawsuit or action under any other provision
of Federal law.
SEC. 11. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.
(a) HEALTH Care Lawsuits.--The provisions governing health care
lawsuits set forth in this Act shall preempt, subject to subsections
(b) and (c), State law to the extent that State law prevents the
application of any provisions of law established by or under this Act.
The provisions governing health care lawsuits set forth in this Act
supersede chapter 171 of title 28, United States Code, to the extent
that such chapter--
(1) provides for a greater amount of damages or contingent
fees, a longer period in which a health care lawsuit may be
commenced, or a reduced applicability or scope of periodic
payment of future damages, than provided in this Act; or
(2) prohibits the introduction of evidence regarding
collateral source benefits.
(b) Preemption of Certain State Laws.--The provisions of this Act
shall preempt any constitutional provision, statute, or rule of State
law, whether enacted prior to, on, or after the date of enactment of
this Act, that--
(1) prohibits the application of any limitation on the
amount of compensatory, punitive, or total damages in a health
care lawsuit; or
(2) provides for a greater amount of compensatory,
punitive, or total damages in a health care lawsuit than those
provided for under this Act.
(c) Protection of State's Rights and Other Laws.--
(1) In general.--Any issue that is not governed by a
provision of law established by or under this Act (including
the State standards of negligence) shall be governed by
otherwise applicable Federal or State law.
(2) Rule of construction.--Nothing in this Act shall be
construed to--
(A) preempt or supersede any Federal or State law
that imposes greater procedural or substantive
protections (such as a shorter statute of limitations)
for a health care provider, health care organization,
or the manufacturer, distributor, supplier, marketer,
promoter, or seller of a medical product from
liability, loss, or damages than those provided by this
Act;
(B) create a cause of action that is not otherwise
available under Federal or State law; or
(C) affect the scope of preemption of any other
Federal law.
SEC. 12. APPLICABILITY; EFFECTIVE DATE.
This Act shall apply to any health care lawsuit brought in a
Federal or State court, or subject to an alternative dispute resolution
system, that is initiated on or after the date of the enactment of this
Act, except that any health care lawsuit arising from an injury
occurring prior to the date of enactment of this Act shall be governed
by the applicable statute of limitations provisions in effect at the
time the injury occurred. | Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2005 or the HEALTH Act of 2005 - Sets forth provisions regulating lawsuits for health care liability claims concerning the provisions of health care goods or services or any medical product affecting interstate commerce.
Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions.
Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility.
Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded.
Prescribes qualifications for expert witnesses.
Requires the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled, unless the payor of such benefits has the right to reimbursement or subrogation under Federal or State law.
Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury such person knew the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000.
Prohibits a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing an Food and Drug Administration (FDA)-approved prescription drug or device.
Provides for periodic payments of future damage awards. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``International and Foreign Language
Studies Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In recent years, foreign language needs have
significantly increased throughout the Federal Government due
to the presence of a wider range of security threats, the
emergence of new nation states, and the globalization of the
United States economy.
(2) Likewise, American businesses increasingly need
internationally and multiculturally experienced employees to
compete in the global economy and to manage a culturally
diverse workforce.
(3) Currently, the Federal Government requires 34,000
employees with foreign language skills across more than 70
Federal agencies.
(4) Federal agency officials have stated that, over the
years, translator and interpreter shortfalls have adversely
affected agency operations and hindered United States military,
law enforcement, intelligence, counterterrorism, and diplomatic
efforts.
(5) In a 2002 General Accounting Office report, the United
States Army reported that it was experiencing serious
shortfalls of translators and interpreters in 5 of its 6
critical languages: Arabic, Korean, Mandarin Chinese, Persian-
Farsi, and Russian.
(6) The number of Foreign Language and Area Studies
Fellowships awarded in 2003 was 30 percent less than the number
awarded at its high point in 1967.
(7) In the 2000-2001 school year, the number of foreign
language degrees conferred was 1 percent of the total
undergraduate degrees conferred, less than .05 percent of the
total masters degrees conferred, and 1 percent of the total
doctoral degrees conferred.
(8) In the 2003 National Survey of Student Engagement, only
\2/5\ of undergraduates reported taking foreign language
coursework, while only 1 in 5 reported having studied abroad.
(9) Only 1 percent of all United States undergraduates
studied abroad in the 2001-2002 school year.
(10) In 2002, 79 percent of Americans agreed that students
should have a study-abroad experience sometime during college.
(11) More than 40 percent of Americans said they were more
likely to favor an increase in State funding for foreign
language education at their local college or university after
September 11, 2001.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).
SEC. 4. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND
PROGRAMS.
Section 602 (20 U.S.C. 1122) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (G), by striking ``and'' after
the semicolon;
(B) in subparagraph (H), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(I) support for instructors of the less commonly
taught languages.'';
(2) in subsection (b)--
(A) in the subsection heading, by inserting ``and
Undergraduate'' after ``Graduate''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Eligible student.--A student receiving a stipend
described in paragraph (1) shall be engaged--
``(A) in an instructional program with stated
performance goals for functional foreign language use
or in a program developing such performance goals, in
combination with area studies, international studies,
or the international aspects of a professional studies
program; and
``(B)(i) in the case of an undergraduate student,
in the intermediate or advanced study of a less
commonly taught language; or
``(ii) in the case of a graduate student, in
graduate study work in connection with a program
described in subparagraph (A), including
predissertation level study, preparation for
dissertation research, dissertation research abroad, or
dissertation writing.''; and
(3) by striking subsection (d) and inserting the
following:
``(d) Allowances.--
``(1) Graduate level recipients.--A stipend awarded to a
graduate level recipient may include allowances for dependents
and for travel for research and study in the United States and
abroad.
``(2) Undergraduate level recipients.--A stipend awarded to
an undergraduate level recipient may include an allowance for
educational programs in the United States or abroad that--
``(A) are closely linked to the overall goals of
the recipient's course of study; and
``(B) have the purpose of promoting foreign
language fluency and cultural knowledge.''.
SEC. 5. USE OF FUNDS IN UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN
LANGUAGE PROGRAMS.
Section 604 (20 U.S.C. 1124) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (I)
through (M) as subparagraphs (J) through (N),
respectively; and
(ii) by inserting after subparagraph (H)
the following:
``(I) providing subgrants to undergraduate students
for educational programs abroad that--
(i) are closely linked to the overall goals
of the program for which the grant is awarded;
and
(ii) have the purpose of promoting foreign
language fluency and cultural knowledge;''; and
(B) by adding at the end the following:
``(9) Limitation on undergraduate grants.--An institution
of higher education, a combination of such institutions, or a
partnership awarded a grant under this section shall use not
more than 10 percent of the grant funds for the use described
in paragraph (2)(I).''; and
(2) by striking subsection (c).
SEC. 6. AUTHORIZED ACTIVITIES.
Section 605(a) (20 U.S.C. 1125(a)) is amended--
(1) in paragraph (8), by striking ``and'' after the
semicolon;
(2) in paragraph (9), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(10) the systematic collection, analysis, and
dissemination of data that contribute to achieving the purposes
of this part.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 610 (20 U.S.C. 1128b) is amended by striking ``$80,000,000
for fiscal year 1999'' and inserting ``$120,000,000 for fiscal year
2005''. | International and Foreign Language Studies Act of 2004 - Amends the Higher Education Act of 1965 (HEA) to revise provisions for international and foreign language studies (part A of title VI, international education).
Includes support for instructors of less commonly taught languages among activities of national language and area centers and programs.
Makes undergraduate students eligible for fellowships for foreign language and area or international studies (in addition to graduate students under current law).
Allows a portion of funds for undergraduate international studies and foreign language programs to be used for subgrants to undergraduate students for educational programs abroad that promote foreign language literacy and cultural knowledge and are closely linked to grant program goals.
Authorizes the Secretary of Education to support data collection, analysis, and dissemination that helps achieve part A purposes.
Extends and increases the authorization of appropriations for part A. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pension Benefit Guaranty Corporation
Governance Improvement Act of 2009''.
SEC. 2. BOARD OF DIRECTORS OF THE PENSION BENEFIT GUARANTY CORPORATION.
(a) In General.--Section 4002(d) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1302(d)) is amended to read as follows:
``(d)(1) The board of directors of the corporation consists of--
``(A) the Secretary of the Treasury, the Secretary of
Labor, and the Secretary of Commerce;
``(B) a member that is a representative of employers
offering defined benefit plans;
``(C) a member that is a representative of organized labor
and employees; and
``(D) 2 other members.
``(2)(A) The members of the board of directors described under
subparagraphs (B) through (D) of paragraph (1)--
``(i) shall be appointed by the President by and
with the advice and consent of the Senate--
``(I) at the beginning of the second year
of the President's term of office, with respect
to such members described under subparagraphs
(B) and (C) of paragraph (1); and
``(II) at the beginning of the fourth year
of the President's term of office, with respect
to such members described under subparagraph
(D) of paragraph (1); and
``(ii) shall serve for a term of 4 years.
``(B) Not more than 2 members of the board of directors
described under subparagraphs (B) through (D) of paragraph (1)
shall be affiliated with the same political party.
``(C) Each member of the board of directors described under
subparagraphs (B) through (D) of paragraph (1) shall not have a
direct financial interest in the decisions of the corporation.
``(3) Each member of the board of directors described under
subparagraph (A) of paragraph (1) shall designate in writing an
official, not below the level of Assistant Secretary, to serve as the
voting representative of such member on the board. Such designation
shall be effective until revoked or until a date or event specified
therein. Any such representative may refer for board action any matter
under consideration by the designating board member.
``(4) The members of the board of directors described under--
``(A) subparagraph (A) of paragraph (1), shall serve
without compensation, but shall be reimbursed for travel,
subsistence, and other necessary expenses incurred in the
performance of their duties as members of the board; and
``(B) subparagraphs (B) through (D) of paragraph (1) shall,
for each day (including traveltime) during which they are
attending meetings or conferences of the board or otherwise
engaged in the business of the board, be compensated at a rate
fixed by the corporation which is not in excess of the daily
equivalent of the annual rate of basic pay in effect for grade
GS-18 of the General Schedule, and while away from their homes
or regular places of business they may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code.
``(5)(A) The Secretary of Labor is the chairman of the board of
directors.
``(B) The President shall designate 1 of the members appointed
under paragraph (2) as the vice-chairman of the board of directors.
``(6) The Inspector General of the corporation shall report to the
board of directors, and not less than twice a year, shall attend a
meeting of the board of directors to provide a report on the activities
and findings of the Inspector General, including with respect to
monitoring and review of the operations of the corporation.
``(7) The General Counsel of the corporation shall--
``(A) serve as the secretary to the board of directors, and
shall advise such board as needed; and
``(B) have overall responsibility for all legal matters
affecting the corporation and provide the corporation with
legal advice and opinions on all matters of law affecting the
corporation, except that the authority of the General Counsel
shall not extend to the Office of Inspector General and the
independent legal counsel of such Office.
``(8) Notwithstanding any other provision of this Act, the Office
of Inspector General and the legal counsel of such Office is
independent of the management of the corporation and the General
Counsel of the corporation.''.
(b) Number of Meetings; Public Availability.--Section 4002(e) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302(e))
is amended--
(1) by striking ``The board'' and inserting ``(1) The
board'';
(2) by striking ``the corporation.'' and inserting ``the
corporation, but in no case less than 4 times a year with a
quorum of not less than 5 members. Not less than 1 meeting of
the board of directors during each year shall be a joint
meeting with the advisory committee under subsection (h).'';
and
(3) by adding at the end the following:
``(2) The chairman of the board of directors shall make available
to the public the minutes from each meeting of the board, unless the
chairman designates a meeting or portion of a meeting as closed to the
public, based on the confidentiality of the matters to be discussed
during such meeting.''.
(c) Advisory Committee.--
(1) Issues considered by the committee.--Section 4002(h)(1)
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1302(h)(1)) is amended--
(A) by striking ``, and (D)'' and inserting ``,
(D)''; and
(B) by striking ``time to time.'' and inserting
``time to time, and (E) other issues as determined
appropriate by the advisory committee.''.
(2) Joint meeting.--Section 4002(h)(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1302(h)(3))
is amended by adding at the end the following: ``Not less than
1 meeting of the advisory committee during each year shall be a
joint meeting with the board of directors under subsection
(e).''.
SEC. 3. AVOIDING CONFLICTS OF INTEREST.
Section 4002 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1302) is amended by adding at the end the following:
``(j) The Director of the corporation, and each member of the board
of directors described under subparagraphs (B) through (D) of
subsection (d)(1), shall agree in writing to recuse him or herself from
participation in activities which present a potential conflict of
interest or appearance of such conflict, including by not serving on a
technical evaluation panel.''.
SEC. 4. SENSE OF CONGRESS.
(a) Formation of Committees.--It is the sense of Congress that the
board of directors of the Pension Benefit Guaranty Corporation
established under section 4002 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1302), as amended by this Act, should
form committees, including an audit committee and an investment
committee, to enhance the overall effectiveness of the board of
directors.
(b) Risk Management Position.--It is the sense of Congress that the
Pension Benefit Guaranty Corporation established under section 4002 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1302),
as amended by this Act, should establish a risk management position
that evaluates and mitigates the risk that the corporation might
experience. The individual in such position should coordinate the risk
management efforts of the corporation, explain risks and controls to
senior management and the board of directors of the corporation, and
make recommendations. | Pension Benefit Guaranty Corporation Governance Improvement Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise requirements regarding the composition and duties of members of the board of directors of the Pension Benefit Guaranty Corporation (PBGC).
Requires: (1) the board to meet at least four times a year with a quorum of at least five members; and (2) board minutes be made public.
Requires the advisory committee to the PBGC to meet jointly with the board at least one time each year.
Requires the Director and members of the board of the PBGC to agree in writing to recuse themselves from participation in activities which potentially could be a conflict of interest.
Expresses the sense of Congress that: (1) the board should form committees, including an audit committee and an investment committee, to enhance the PBGC board's overall effectiveness; and (2) the PBGC should establish a risk management position that evaluates and mitigates risk it might experience. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rights of the Child Act of 1997''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The United States is the only Western industrialized
nation which has neither ratified nor become a party to the
United Nations Convention on the Rights of the Child.
(2) During the 1990's, the United States had the worst
child poverty rate among Western industrialized nations: one-
quarter of America's children lived in poverty.
(3) One in 10 infants living in the United States has no
routine source of health care.
(4) Forty percent of children in the United States are at
risk of school failure.
(5) An estimated 1,800,000 teenagers were victims of
violent crimes in the United States in the early 1990's.
(6) 2,600,000 children were reported abused and neglected
in 1991.
(7) Approximately 144,000 babies will die in the United
States, over the next 4 years, before their 1st birthday.
SEC. 3. SUBMISSION OF UNITED NATIONS CONVENTION ON THE RIGHTS OF THE
CHILD.
It is the sense of the Congress that the President should submit
and seek the advice and consent of the Senate by December 31, 1998, to
ratification of the Convention on the Rights of the Child, adopted by
the United Nations with the support of the United States on November
29, 1989, and signed by Madeleine Albright acting as United States
Delegate to the United Nations and on behalf of the United States
Government on February 16, 1995.
SEC. 4. CONSULTATION WITH THE STATES.
Prior to the submission under section 3, the Attorney General of
the United States shall meet with the attorneys general of the States
and territories of the United States for the purpose of determining
their recommendations concerning any limitations in the form of
reservations, declarations, statements, and understandings that should
accompany a proposed resolution of ratification of the United Nations
Convention on the Rights of the Child.
SEC. 5. ESTABLISHMENT OF COMMISSION AND REPORT TO CONGRESS.
(a) Establishment.--There is established an advisory commission
concerning the economic, social, cultural, political, and civil rights
of children.
(b) Composition.--The commission shall be composed of 11 persons,
appointed as provided under subsection (c), with experience, expertise,
and concerns pertaining to the economic, social, cultural, political,
and civil rights of children as well as individuals who are parents or
legal guardians of children.
(c) Appointment.--Not later than March 1, 1998, the commission of
shall be appointed as follows:
(1) 5 persons appointed by the President.
(2) 1 person appointed by the Speaker of the House of
Representatives.
(3) 1 person appointed by the majority leader of the House
of Representatives.
(4) 1 person appointed by the majority leader of the
Senate.
(5) 1 person appointed by the minority leader of the
Senate.
(6) 1 person appointed by the minority leader of the House
of Representatives.
(7) The Secretary of Health and Human Services (or a
designee of the Secretary).
(d) Chairperson.--The President shall designate a chairperson of
the commission.
(e) Vacancies.--Vacancies in the commission shall be filled in the
same manner as the original appointment.
(f) Compensation.--Members of the commission shall serve without
pay or other compensation.
(g) Staff.--Such staff and administrative support as are necessary
and appropriate shall be made available to the commission on a non-
reimbursable basis by the Secretary of Health and Human Services.
(h) Report.--Not later than September 1, 1998, the commission shall
submit to the Congress a report with any recommendations agreed to by a
majority of its members stipulating any limitations to the Convention
on the Rights of the Child that are advisable to facilitate
ratification.
(i) Termination.--Ninety days after the submission of the report
under subsection (h) the commission shall cease to exist.
SEC. 6. INTERIM MEASURES IN SUPPORT OF INTERNATIONALLY-RECOGNIZED
RIGHTS OF THE CHILD.
(a) ILO.--In addition to such amounts as are otherwise authorized
to be appropriated, there are authorized to be appropriated $1,000,000
for each of the fiscal years 1998, 1999, 2000, 2001, and 2002 for a
United States contribution to the International Labor Organization for
the activities of the International Program on the Elimination of Child
Labor.
(b) UNCHR.--In addition to such amounts as are otherwise authorized
to be appropriated, there are authorized to be appropriated $100,000
for each of the fiscal years 1998, 1999, 2000, 2001, and 2002 for a
United States contribution to the United Nations Commission on Human
Rights for programs relating to bonded child labor that are carried out
by the Subcommittee and Working Group on Contemporary Forms of Slavery.
SEC. 7. PROHIBITION ON IMPORTATION OF PRODUCTS MADE BY BONDED CHILD
LABOR.
(a) Prohibition.--No product manufactured or mined, in whole or in
part, by bonded child labor shall be imported into the United States.
(b) Regulation.--The Secretary of the Treasury, in consulation with
the Secretary of Labor, shall prescribe such regulations are are
necessary and appropriate to carry out this section.
(c) Definitions.--As used in this section the following terms have
the following meanings:
(1) The term ``bonded child labor'' means work or service
exacted from a child confined against the child's will, either
in payment for the debts of a parent, relative, or guardian, or
drawn under false pretext.
(2) The term ``child'' means an individual who has not
attained the age of 18 years.
SEC. 8. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT ALLOW CHILD
PROSTITUTION AND SEXUAL EXPLOITATION OF CHILDREN.
(a) Prohibition.--United States assistance may not be provided to
the government of a foreign country for a fiscal year unless the
President certifies to the Congress for such fiscal year that such
government has enacted, and is enforcing, laws against child
prostitution and the sexual exploitation of children.
(b) Waiver.--The prohibition on foreign assistance under subsection
(a) shall not apply with respect to a foreign country if the President
determines and notifies the Congress that providing such assistance for
such country is in the national security interest of the United States.
(c) Definition.--As used in this section, the term ``United States
assistance'' means assistance under the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.).
(d) Effective Date.--The prohibition on foreign assistance under
subsection (a) shall apply with respect to fiscal year 1999 and
subsequent fiscal years. | Rights of the Child Act of 1997 - Expresses the sense of the Congress that the President should submit and seek the advice and consent of the Senate by December 31, 1998, to ratification of the Convention on the Rights of the Child.
(Sec. 4) Directs the Attorney General, before such submission, to meet with the attorneys general of the States and U.S. territories to determine their recommendations concerning any limitations that should accompany a proposed resolution of ratification of the U.N. Convention on the Rights of the Child.
(Sec. 5) Establishes an advisory commission concerning the economic, social, cultural, political, and civil rights of children. Directs the commission to report to the Congress any recommendations agreed to by a majority of its members on any limitations to the Convention on the Rights of the Child advisable to facilitate ratification.
(Sec. 6) Authorizes additional appropriations for U.S. contributions to: (1) the International Labor Organization for the activities of the International Program on the Elimination of Child Labor; and (2) the U.N. Commission on Human Rights for programs relating to bonded child labor that are carried out by the Subcommittee and Working Group on Contemporary Forms of Slavery.
(Sec. 7) Prohibits the importation into the United States of any product manufactured or mined, in whole or in part, by bonded child labor. Directs the Secretary of the Treasury to prescribe regulations to carry out this prohibition.
(Sec. 8) Prohibits U.S. assistance to the government of a foreign country for any fiscal year unless the President certifies to the Congress for such fiscal year that such government has enacted, and is enforcing, laws against child prostitution and the sexual exploitation of children. Authorizes waivers of such prohibition in the national security interest of the United States. | [
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SECTION 1. ENERGYGRANT COMPETITIVE EDUCATION PROGRAM.
(a) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Director appointed under
subsection (c).
(3) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(b) Establishment.--The Secretary shall establish and carry out a
program to awards grants, on a competitive basis, to each consortium of
institutions of higher education operating in each of the regions
established under subsection (d) to conduct research, extension, and
education programs relating to the energy needs of the regions.
(c) Director.--The Secretary shall appoint a Director to carry out
the program established under this section.
(d) Grants.--
(1) In general.--The Secretary shall use amounts made
available under this section to award grants, on a competitive
basis, to each consortium of institutions of higher education
located in each of at least 6 regions established by the
Secretary that, collectively, cover all States.
(2) Manner of distribution.--
(A) In general.--Except as provided in subparagraph
(B), in making grants for a fiscal year under this
section, the Secretary shall award grants to each
consortium of institutions of higher education in equal
amounts for each region of not less than $50,000,000
for each region.
(B) Territories and possessions.--The Secretary may
adjust the amount of grants awarded to a consortium of
institutions of higher education in a region under this
section if the region contains territories or
possessions of the United States.
(3) Plans.--As a condition of an initial grant under this
section, a consortium of institutions of higher education in a
region shall submit to the Secretary for approval a plan that--
(A) addresses the energy needs for the region; and
(B) describes the manner in which the proposed
activities of the consortium will address those needs.
(4) Failure to comply with requirements.--If the Secretary
finds on the basis of a review of the annual report required
under subsection (g) or on the basis of an audit of a
consortium of institutions of higher education conducted by the
Secretary that the consortium has not complied with the
requirements of this section, the consortium shall be
ineligible to receive further grants under this section for
such period of time as may be prescribed by the Secretary.
(e) Use of Funds.--
(1) Competitive grants.--
(A) In general.--A consortium of institutions of
higher education in a region that is awarded a grant
under this section shall use the grant to conduct
research, extension, and education programs relating to
the energy needs of the region, including--
(i) the promotion of low-carbon clean and
green energy and related jobs that are
applicable to the region;
(ii) the development of low-carbon green
fuels to reduce dependency on oil;
(iii) the development of energy storage and
energy management innovations for intermittent
renewable technologies; and
(iv) the accelerated deployment of
efficient-energy technologies in new and
existing buildings and in manufacturing
facilities.
(B) Administration.--
(i) In general.--Subject to clauses (ii)
through (vi), the Secretary shall make grants
under this paragraph in accordance with section
989 of the Energy Policy Act of 2005 (42 U.S.C.
16353).
(ii) Priority.--A consortium of
institutions of higher education in a region
shall give a higher priority to programs that
are consistent with the plan approved by the
Secretary for the region under subsection
(d)(3).
(iii) Term.--A grant awarded to a
consortium of institutions of higher education
under this section shall have a term that does
not exceed 5 years.
(iv) Cost-sharing requirement.--As a
condition of receiving a grant under this
paragraph, the Secretary shall require the
recipient of the grant to share costs relating
to the program that is the subject of the grant
in accordance with section 988 of the Energy
Policy Act of 2005 (42 U.S.C. 16352).
(v) Buildings and facilities.--Funds made
available for grants under this section shall
not be used for the construction of a new
building or facility or the acquisition,
expansion, remodeling, or alteration of an
existing building or facility (including site
grading and improvement and architect fees).
(vi) Limitation on indirect costs.--A
consortium of institutions of higher education
may not recover the indirect costs of using
grants under subparagraph (A) in excess of the
limits established under paragraph (2).
(C) Federally funded research and development
centers.--
(i) In general.--A federally funded
research and development center may be a member
of a consortium of institutions of higher
education that receives a grant under this
section.
(ii) Scope.--The Secretary shall ensure
that the scope of work performed by a single
federally funded research and development
center in the consortium is not more
significant than the scope of work performed by
any of the other academic institutions of
higher education in the consortium.
(2) Administrative expenses.--A consortium of institutions
of higher education may use up to 15 percent of the funds
described in subsection (d) to pay administrative and indirect
expenses incurred in carrying out paragraph (1), unless
otherwise approved by the Secretary.
(f) Grant Information Analysis Center.--A consortium of
institutions of higher education in a region shall maintain an Energy
Analysis Center at 1 or more of the institutions of higher education to
provide the institutions of higher education in the region with
analysis and data management support.
(g) Annual Reports.--Not later than 90 days after the end of each
fiscal year, a consortium of institutions of higher education receiving
a grant under this section shall submit to the Secretary a report that
describes the policies, priorities, and operations of the program
carried out by the consortium of institutions of higher education under
this section during the fiscal year.
(h) Administration.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish such criteria and
procedures as are necessary to carry out this section.
(i) Coordination.--The Secretary shall coordinate with the
Secretary of Agriculture and the Secretary of Commerce each activity
carried out under the program under this section--
(1) to avoid duplication of efforts; and
(2) to ensure that the program supplements and does not
supplant--
(A) the Sun Grant program established under section
7526 of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8114); and
(B) the national Sea Grant college program carried
out by the Administrator of the National Oceanic and
Atmospheric Administration.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out--
(1) this section $300,000,000 for each of fiscal years 2010
through 2014; and
(2) the activities of the Department of Energy (including
biomass and bioenergy feedstock assessment research) under the
Sun Grant program established under section 7526 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8114)
$15,000,000 for each of fiscal years 2010 through 2014. | Directs the Secretary of Energy to award competitive matching grants to consortia of institutions of higher education (IHEs) located in at least six regions covering all the states to conduct research, extension, and education programs relating to the energy needs of such regions.
Includes among such needs: (1) the promotion of low-carbon clean and green energy and related jobs; (2) the development of low-carbon green fuels to reduce dependency on oil; (3) the development of energy storage and energy management innovations for intermittent renewable technologies; and (4) the accelerated deployment of efficient-energy technologies in buildings and manufacturing facilities.
Allows federally funded research and development centers to be members of such consortia.
Requires each grantee to maintain an Energy Analysis Center to provide the IHEs in the region with analysis and data management support.
Authorizes appropriations for this Act's grant program and the Department of Energy's Sun Grant program, which supports research involving bioenergy and biofuels production. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Health Professionals Education Debt Reduction Act''.
SEC. 2. PROGRAM OF ASSISTANCE IN THE PAYMENT OF EDUCATION DEBTS
INCURRED BY CERTAIN VETERANS HEALTH ADMINISTRATION
EMPLOYEES.
(a) Program.--(1) Chapter 76 of title 38, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VI--EDUCATION DEBT REDUCTION PROGRAM
``Sec. 7661. Authority for program
``(a) The Secretary may carry out an education debt reduction
program under this subchapter. The program shall be known as the
Department of Veterans Affairs Education Debt Reduction Program
(hereafter in this subchapter referred to as the `Education Debt
Reduction Program'). The purpose of the program is to assist personnel
serving in health-care positions in the Veterans Health Administration
in reducing the amount of debt incurred by such personnel in completing
educational programs that qualify such personnel for such service.
``(b) Such assistance shall be in addition to the assistance
available to individuals under the Educational Assistance Program
established under this chapter.
``Sec. 7662. Eligibility; application
``(a) An individual eligible to participate in the Education Debt
Reduction Program is any individual (other than a physician or
dentist)--
``(1) who is serving in a position in the Veterans Health
Administration under an appointment under section 7402(b) of
this title; and
``(2) who owes--
``(A) any amount of principal or interest under a
loan the proceeds of which were used by or on behalf of
the individual to pay costs relating to a course of
education or training at a qualifying educational
institution which course led to a degree that qualified
the individual for a position referred to in paragraph
(1); or
``(B) any amount of principal or interest under a
loan the proceeds of which are being used by or on
behalf of the individual to pay costs relating to a
course of education or training at a qualifying
educational institution which course leads to a degree
that qualifies the individual for such a position.
``(b) Any eligible individual seeking to participate in the
Education Debt Reduction Program shall submit an application to the
Secretary relating to such participation.
``Sec. 7663. Preference for assistance
``In selecting individuals for assistance under the Education Debt
Reduction Program, the Secretary shall give preference to the
following:
``(1) Individuals who have completed or are engaged in, as
the case may be, a two-year or four-year course of education or
training at an undergraduate institution leading to a degree
that qualified or qualifies, as the case may be, the
individuals for a position referred to in section 7662(a)(1) of
this title.
``(2) Individuals who serve in the Veterans Health
Administration--
``(A) in areas in which the recruitment or
retention of an adequate supply of qualified health-
care personnel is difficult (as determined by the
Secretary); or
``(B) in positions for which the recruitment or
retention of such a supply of such personnel is
difficult (as so determined).
``Sec. 7664. Amount of assistance
``(a) Subject to subsection (b), the Secretary may pay to an
individual selected to receive assistance under the Education Debt
Reduction Program an amount not to exceed $4,000 (adjusted in
accordance with section 7631 of this title) for each full year served
by the individual in a position in the Veterans Health Administration
under section 7402(b) of this title (other than a position referred to
in paragraph (1) or (2) of such section) after the date of such
individual's selection.
``(b)(1) An individual may receive assistance under the Education
Debt Reduction Program only to assist the individual in paying amounts
(including principal and interest) owed by the individual under a loan
referred to in section 7662(a)(2) of this title.
``(2) An individual may receive assistance under the Education Debt
Reduction Program for a year if--
``(A) the individual serves for the full year in a position
referred to in subsection (a); and
``(B) maintains an acceptable level of performance during
such service.
``(3) The total amount of assistance received by an individual
under the Education Debt Reduction Program may not exceed $12,000
(adjusted in accordance with section 7631 of this title).''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following:
``SUBCHAPTER VI--EDUCATION DEBT REDUCTION PROGRAM
``7661. Authority for program.
``7662. Eligibility; application.
``7663. Preference for assistance.
``7664. Amount of assistance.''.
(b) Conforming Amendments.--Section 7631 of title 38, United States
Code, is amended--
(1) in subsection (a), by striking out ``and the maximum
Selected Reserve member stipend amount'' and inserting in lieu
thereof ``the maximum Selected Reserve stipend amount, and the
education debt reduction amount and limitation''; and
(2) in subsection (b)--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following
new paragraph (4):
``(4) The term `education debt reduction amount and
limitation' means the maximum amount of assistance, and the
limitation applicable to such assistance, for a person
receiving assistance under subchapter VI of this chapter, as
specified in section 7663 of this title and as previously
adjusted (if at all) in accordance with this subsection.''.
(c) Regulations.--The Secretary of Veterans Affairs shall prescribe
regulations necessary to carry out the Education Debt Reduction Program
established under subchapter VI of chapter 76 of title 38, United
States Code (as added by subsection (a)). The Secretary shall prescribe
such regulations not later than 90 days after the date of the enactment
of this Act.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the effectiveness of the Education Debt Reduction Program and the
Department of Veterans Affairs Health Professional Scholarship Program
established under subchapter II of chapter 76 of title 38, United
States Code, in assisting the Secretary in the recruitment and
retention of qualified health-care professionals for positions in the
Veterans Health Administration.
(e) Authorization of Appropriations.--(1) There is authorized to be
appropriated for the Department of Veterans Affairs $10,000,000 for
each of fiscal years 1994 through 1998 to carry out the Education Debt
Reduction Program.
(2) No funds may be used to provide assistance under the program
unless expressly provided for in an appropriation Act.
(f) Exemption from Limitation.--Section 523(b) of the Veterans
Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 7601 note) shall
not apply to the Education Debt Reduction Program. | Department of Veterans Affairs Health Professionals Education Debt Reduction Act - Authorizes the Secretary of Veterans Affairs to carry out the Department of Veterans Affairs Education Debt Reduction Program to assist Department health-care personnel serving in the Veterans Health Administration in reducing the amount of debt incurred in completing educational programs that qualify such personnel for such service. Makes eligible for such Program any individual other than a physician or dentist serving in a Department health care position and having an outstanding health education loan from a qualified educational institution. Provides certain assistance preferences. Limits the assistance to $4,000 for each full year served in a Department health-care position, up to a $12,000 maximum.
Authorizes appropriations for the Program for FY 1994 through 1998. | [
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SECTION 1. REFERENCES.
References in this Act to ``the Act'' are references to the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 2. WAIVERS AND MODIFICATIONS.
Notwithstanding any other provision of law, unless enacted with
specific reference to this section, the Secretary is authorized to
waive or modify any statutory or regulatory provision applicable to the
student financial assistance programs under title IV of the Act, or any
student or institutional eligibility provisions in the Act, as the
Secretary deems necessary in connection with a Gulf hurricane disaster
to ensure that--
(1) the calculation of expected family contribution under
section 474 of the Act used in the determination of need for
student financial assistance under title IV of the Act for any
affected student (and the determination of such need for his or
her family, if applicable), is modified to reflect any changes
in the financial condition of such affected student and his or
her family resulting from a Gulf hurricane disaster; and
(2) institutions of higher education, systems of
institutions, or consortia of institutions that are located in
an area affected by a Gulf hurricane disaster, or that are
serving affected students, are eligible, notwithstanding
section 486(d) of the Act, to apply for participation in the
distance education demonstration program under section 486 of
the Act, except that the Secretary shall include in reports
under section 486(f) of the Act an identification of those
institutions, systems, and consortia that were granted
participation in the demonstration program due to a Gulf
hurricane disaster.
SEC. 3. CANCELLATION OF INSTITUTIONAL REPAYMENT BY COLLEGES AND
UNIVERSITIES AFFECTED BY A GULF HURRICANE DISASTER.
Notwithstanding any provision of title IV of the Act or any
regulation issued thereunder, the Secretary shall cancel any obligation
of an affected institution to return or repay any funds the institution
received before the date of enactment of this Act for, or on behalf of,
its students under subpart 1 or 3 of part A or parts B, C, D, or E of
title IV of the Act for any cancelled enrollment period.
SEC. 4. CANCELLATION OF STUDENT LOANS FOR CANCELLED ENROLLMENT PERIODS.
(a) Loan Forgiveness Authorized.--Notwithstanding any provision of
title IV of the Act, the Secretary shall discharge all loan amounts
under parts B and D of title IV of the Act, and cancel any loan made
under part E of such title, disbursed to, or on behalf of, an affected
student for a cancelled enrollment period.
(b) Reimbursement.--The Secretary shall--
(1) reimburse each affected institution for any amounts
discharged under subsection (a) with respect to a loan under
part E of title IV of the Act in the same manner as is required
by section 465(b) of the Act with respect to a loan cancelled
under section 465(a) of the Act; and
(2) reimburse lenders for the purpose of discharging any
loan amounts disbursed to, or on behalf of, an affected student
under part B of title IV of the Act for a cancelled enrollment
period.
(c) Limitation on Consolidation Loans.--A loan amount for a loan
made under section 428C of the Act or a Federal Direct Consolidation
Loan may be eligible for discharge under this section only to the
extent that such loan amount was used to repay a loan to an affected
student for a cancelled enrollment period.
(d) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
SEC. 5. TEMPORARY DEFERMENT OF STUDENT LOAN REPAYMENT.
An affected individual who is a borrower of a qualified student
loan or a qualified parent loan shall be granted a deferment, not in
excess of 6 months, during which periodic installments of principal
need not be paid, and interest--
(1) shall accrue and be paid by the Secretary, in the case
of a loan made under section 428, 428B, 428C, or 428H of the
Act;
(2) shall accrue and be paid by the Secretary to the
Perkins loan fund held by the institution of higher education
that made the loan, in the case of a loan made under part E of
title IV of the Act; and
(3) shall not accrue, in the case of a Federal Direct Loan
made under part D of such title.
SEC. 6. NO AFFECT ON GRANT AND LOAN LIMITS.
Notwithstanding any provision of title IV of the Act or any
regulation issued thereunder, no grant or loan funds received by an
affected student under title IV of the Act for a cancelled enrollment
period shall be counted against such affected student's annual or
aggregate grant or loan limits for the receipt of grants or loans under
that title.
SEC. 7. TEACHER LOAN RELIEF.
The Secretary may waive the requirement of sections 428J(b)(1) and
460(b)(1)(A) of the Act that the 5 years of qualifying service be
consecutive academic years for any teacher whose employment was
interrupted if--
(1) the teacher was employed in qualifying service, at the
time of a Gulf hurricane disaster, in a school located in an
area affected by a Gulf hurricane disaster; and
(2) the teacher resumes qualifying service not later than
the beginning of academic year 2006-2007 in that school or any
other school in which employment is qualifying service under
such section.
SEC. 8. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR
PELL GRANTS.
(a) In General.--The Secretary shall make special efforts, in
conjunction with State efforts, to notify affected students and if
applicable, their parents, who qualify for means-tested Federal benefit
programs, of their potential eligibility for a maximum Pell Grant, and
shall disseminate such informational materials as the Secretary deems
appropriate.
(b) Means-Tested Federal Benefit Program.--For the purpose of this
section, the term ``means-tested Federal benefit program'' means a
mandatory spending program of the Federal Government, other than a
program under the Act, in which eligibility for the program's benefits,
or the amount of such benefits, or both, are determined on the basis of
income or resources of the individual or family seeking the benefit,
and may include such programs as the supplemental security income
program under title XVI of the Social Security Act, the food stamp
program under the Food Stamp Act of 1977, the free and reduced price
school lunch program established under the Richard B. Russell National
School Lunch Act, the temporary assistance to needy families program
established under part A of title IV of the Social Security Act, and
the women, infants, and children program established under section 17
of the Child Nutrition Act of 1966, and other programs identified by
the Secretary.
SEC. 9. PROCEDURES.
(a) Deadlines and Procedures.--Sections 482(c) and 492 of the Act
shall not apply to any waivers, modifications, or actions initiated by
the Secretary under this Act.
(b) Case-by-case Basis.--The Secretary is not required to exercise
any waiver or modification authority under this Act on a case-by-case
basis.
SEC. 10. TERMINATION OF AUTHORITY.
The authority of the Secretary to issue waivers or modifications
under this Act shall expire at the conclusion of the 2005-2006 academic
year, but the expiration of such authority shall not affect the
continuing validity of any such waivers or modifications after such
academic year.
SEC. 11. DEFINITIONS.
For purposes of this Act, except as otherwise specifically provided
in this Act, the following terms have the following meanings:
(1) Affected individual.--The term ``affected individual''
means an individual who has applied for or received student
financial assistance under title IV of the Higher Education Act
of 1965, and--
(A) who is an affected student; or
(B) whose primary place of employment or residency
was, as of August 29, 2005, in an area affected by a
Gulf hurricane disaster.
(2) Affected institution.--The term ``affected
institution'' means an institution of higher education that--
(A) is located in an area affected by a Gulf
hurricane disaster; and
(B) has temporarily ceased operations as a
consequence of a Gulf hurricane disaster, as determined
by the Secretary.
(3) Affected state.--The term ``affected State'' means the
State of Alabama, Florida, Louisiana, Mississippi, or Texas.
(4) Affected student.--The term ``affected student'' means
an individual who has applied for or received student financial
assistance under title IV of the Higher Education Act of 1965,
and who--
(A) was enrolled or accepted for enrollment, as of
August 29, 2005, at an institution of higher education
in an area affected by a Gulf hurricane disaster;
(B) was a dependent student enrolled or accepted
for enrollment at an institution of higher education
that is not in an area affected by a Gulf hurricane
disaster, but whose parents resided or were employed,
as of August 29, 2005, in an area affected by a Gulf
hurricane disaster; or
(C) was enrolled or accepted for enrollment at an
institution of higher education, as of August 29, 2005,
and whose attendance was interrupted because of a Gulf
hurricane disaster.
(5) Area affected by a gulf hurricane disaster.--The term
``area affected by a Gulf hurricane disaster'' means a county
or parish, in an affected State, that has been designated by
the Federal Emergency Management Agency for disaster assistance
for individuals and households as a result of Hurricane Katrina
or Hurricane Rita.
(6) Cancelled enrollment period.--The term ``cancelled
enrollment period'' means any period of enrollment at an
affected institution during the academic year 2005.
(7) Gulf hurricane disaster.--The term ``Gulf hurricane
disaster'' means a major disaster that the President declared
to exist, in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, and that
was caused by Hurricane Katrina or Hurricane Rita.
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965, except
that the term does not include institutions under subsection
(a)(1)(C) of that section.
(9) Qualified student loan.--The term ``qualified student
loan'' means any loan made, insured, or guaranteed under part
B, D, or E of title IV of the Higher Education Act of 1965,
other than a loan under section 428B of such title or a Federal
Direct Plus loan.
(10) Qualified parent loan.--The term ``qualified parent
loan'' means a loan made under section 428B of title IV of the
Higher Education Act of 1965 or a Federal Direct Plus loan.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Education. | Authorizes the Secretary of Education to waive or modify requirements under the Higher Education Act of 1965 for student financial assistance programs, or other student or institutional eligibility provisions, as necessary to reflect changes in the financial condition of affected students and their families resulting from Hurricane Katrina or Hurricane Rita (a Gulf hurricane disaster).
Cancels: (1) certain institutional repayments by institutions of higher education affected by a Gulf hurricane disaster; and (2) student loans for affected students during certain cancelled enrollment periods. Provides for: (1) temporary deferment of student loan repayment by affected individuals; and (2) waiver of consecutive service requirements for affected individuals under a program of student loan forgiveness for school teachers.
Directs the Secretary to make special efforts to notify affected students who qualify for a means-tested federal benefit program of their potential eligibility for a maximum Pell Grant and to disseminate informational materials regarding such eligibility. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality of Life for Women Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Women's pelvic floor disorders are a group of common
conditions that cause considerable disability and pain.
(2) Such disorders include bladder and bowel dysfunction,
including incontinence. Another such disorder is pelvic organ
prolapse, which involves a downward shift of uterine or vaginal
structures from their normal positions. Often these conditions
coexist.
(3) Women's pelvic floor disorders are extremely common and
are barriers to healthy living.
(4) Women often suffer from a broad overlap of all pelvic
floor disorders, usually experiencing several disorders
simultaneously.
(5) Thirty percent of American women will suffer from a
form of urinary incontinence.
(6) Eleven percent of women in the United States have
surgery for urinary incontinence or pelvic organ prolapse
during their lifetime, and close to one third will have a
second surgery. Many more women are treated with nonsurgical
techniques or remain untreated.
(7) Of the 3 million vaginal deliveries that occur each
year in the United States, 900,000 women will develop
symptomatic urinary incontinence and a smaller number will
develop pelvic organ prolapse and bowel incontinence.
(8) An estimated $26.3 billion is spent annually to either
treat or compensate for urinary incontinence.
(9) Many health care providers are not prepared to evaluate
urinary pelvic floor disorders, including incontinence, and are
unaware of treatment options.
(10) To address the public health threat posed by women's
pelvic floor disorders, there is a need for the establishment
of awareness and education programs directed at the public and
primary-care providers, including the authorization of research
focused on urinary incontinence and other pelvic floor
disorders. Such programs will greatly help promote better care
and treatment to those women afflicted with these disorders.
SEC. 3. EDUCATION REGARDING WOMEN'S PELVIC FLOOR DISORDERS.
(a) In General.--Part P of title III of the Public Health Service
Act (42 U.S.C. 280g et seq.) is amended by adding at the end the
following section:
``SEC. 399O. EDUCATION REGARDING WOMEN'S PELVIC FLOOR DISORDERS.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration and the Director of
the Centers for Disease Control and Prevention, shall carry out a
program to provide education regarding bladder and bowel dysfunction
(including incontinence), pelvic organ prolapse, and other pelvic floor
disorders to health professionals and the general public. Activities
under such program shall be carried out directly by the Secretary and
through awards of grants or contracts to States, political subdivisions
of States, and other public or nonprofit private entities.
``(b) Certain Information.--The Secretary shall ensure that
education under subsection (a) includes, at a minimum--
``(1) information describing the prevalence of pelvic floor
disorders in women; and
``(2) information regarding treatment options for such
disorders.
``(c) Use of Internet.--The Secretary shall ensure that the means
through which education under subsection (a) is provided includes the
posting of information on the Internet site of the Centers for Disease
Control and Prevention. The Secretary shall ensure that, in the case of
health professionals, such means includes means in addition to the
posting of information on such site.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2006 through 2010.''.
(b) Sense of Congress.--It is the sense of the Congress that the
Director of the Centers for Disease Control and Prevention should
establish a national registry for surgical treatment of pelvic floor
disorders, especially procedures using new technology.
SEC. 4. RESEARCH THROUGH NATIONAL INSTITUTES OF HEALTH.
(a) In General.--Part B of title IV of the Public Health Service
Act (42 U.S.C. 284 et seq.) is amended by adding at the end the
following:
``SEC. 409J. WOMEN'S PELVIC FLOOR DISORDERS.
``(a) In General.--The Directors of the National Institute of
Diabetes and Digestive and Kidney Diseases and the National Institute
of Child Health and Human Development shall expand and intensify the
activities of such Institutes with respect to women's pelvic floor
disorders, including proposals for research on such disorders that are
developed independently of solicitations by the National Institutes of
Health for research proposals.
``(b) Networks.--
``(1) Urinary incontinence treatment network.--The Director
of the National Institute of Diabetes and Digestive and Kidney
Diseases, in consultation with the Director of the National
Institute of Child Health and Human Development, shall provide
for the continuing operation of the Urinary Incontinence
Treatment Network. The Network was established pursuant to
financial awards from such Institutes, and includes multiple
continence treatment centers and a single biostatistical
coordinating committee. The Director shall ensure that not
fewer than eight such treatment centers are in operation and
may provide for the establishment of additional treatment
centers, subject to appropriations Acts.
``(2) Clinical trials network for female pelvic
disorders.--The Director of the National Institute of Child
Health and Human Development, in consultation with the Director
of the National Institute of Diabetes and Digestive and Kidney
Diseases, shall provide for the continuing operation of the
Clinical Trials Network for Female Pelvic Disorders. The
Network was established pursuant to financial awards from such
Institutes, and includes multiple clinical sites and a single
data coordinating committee. The Director shall ensure that not
fewer than seven such clinical sites are in operation and may
provide for the establishment of additional clinical sites,
subject to appropriations Acts.
``(c) Peer Review.--With respect to technical and scientific peer
review under section 492, the Director of NIH shall ensure that groups
that review research proposals under this section include
urogynecologists and other pelvic floor specialists.''.
(b) Sense of Congress.--
(1) In general.--The Congress commends--
(A) the National Institute of Diabetes and
Digestive and Kidney Diseases for its financial support
of the Urinary Incontinence Treatment Network;
(B) the National Institute of Child Health and
Human Development for its financial support of the
Clinical Trials Network for Female Pelvic Disorders;
(C) the successful collaboration of such Institutes
with respect to the Networks; and
(D) each of such Networks for the research it is
conducting toward improving women's pelvic health.
(2) Certain activities.--It is the sense of the Congress
that the Directors of the National Institute of Diabetes and
Digestive and Kidney Diseases and the National Institute of
Child Health and Human Development should--
(A) increase the size, scope, number, and funding
for multidisciplinary research through centers and
clinical sites of the Networks referred to in paragraph
(1);
(B) encourage industry relationships in women's
pelvic floor health related research;
(C) recruit established scientists from other
relevant areas (such as cardiac or gastrointestinal
physiology, cell signaling, biomechanical engineering,
genomics, and proteomics) to apply their work to the
urinary tract and incontinence by encouraging
collaborative efforts between basic and clinical
scientists;
(D) increase research funding for studies that use
cellular and molecular techniques to examine the basic
mechanisms of bladder and urethral interactions that
create urinary continence and incontinence;
(E) support research to develop appropriate animal
models of urinary incontinence;
(F) develop novel techniques (both invasive and
noninvasive) for measuring neural, muscular (striated
and smooth), and vascular function relating to pelvic
floor health;
(G) identify risk factors for pelvic floor
disorders and urinary incontinence related to
childbirth and aging so that prevention measures and
improved disease-specific treatment can be developed;
(H) initiate research to develop preventive and
therapeutic approaches to urinary incontinence that are
sensitive to gender, race, and culture, and develop the
means of measuring outcomes for treatments in these
varied settings;
(I) develop a national data registry and tissue
bank of people suffering from incontinence to meet the
needs of researchers for well-characterized tissue
samples; and
(J) research the relationship between the anatomic
changes of pelvic organ prolapse and the functional
derangement's commonly seen in association with them,
including voiding dysfunction and incontinence.
SEC. 5. INCLUSION OF WOMEN'S PELVIC FLOOR HEALTH IN NATIONAL CHILDREN'S
STUDY.
The Director of the National Institute of Child Health and Human
Development shall include women's pelvic floor health as one of the
matters studied in the prospective cohort study regarding child health
and human development that is being conducted under section 1004(b) of
the Children's Health Act of 2000 (Public Law 106-310; 114 Stat. 1130)
and is known as the National Children's Study.
SEC. 6. CONSULTATION.
In carrying out this Act, the Secretary of Health and Human
Services shall consult with the American Urogynecologic Society and
such other qualified professional and patient organizations as the
Secretary determines to be appropriate. | Quality of Life for Women Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA) and the Director of the Centers for Disease Control and Prevention (CDC), to educate health professionals and the public on bladder and bowel dysfunction (including incontinence), pelvic organ prolapse, and other pelvic floor disorders.
Expresses the sense of Congress that the Director should establish a national registry for surgical treatment of such disorders.
Requires the Directors of the National Institute of Diabetes and Digestive and Kidney Diseases and the National Institute of Child Health and Human Development to: (1) expand and intensify the activities of such Institutes with respect to women's pelvic floor disorders, including developing proposals for research on such disorders; and (2) provide for the continuing operation of the Urinary Incontinence Treatment Network and the Clinical Trials Network for Female Pelvic Disorders. Commends such Institutes for their support of such Networks and such Networks for their research toward improving women's pelvic health.
Expresses the sense of Congress as to efforts that such Institutes should undertake, including increasing their research, recruiting established scientists, and developing a national data registry and tissue bank of people suffering from incontinence. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Buffalo Nickel Act of
1997''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--Notwithstanding any other provision of law,
during the 3-year period beginning on January 1, 2000, the Secretary of
the Treasury (hereafter in this Act referred to as the ``Secretary'')
shall mint and issue each year not more than 1,000,000 5-cent coins,
which shall--
(1) weigh 5 grams;
(2) have a diameter of 0.835 inch; and
(3) contain an alloy of 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stockpiling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be based on the original 5-cent coin designed by
James Earle Fraser and minted from 1913 to 1938. Each coin
shall have on the obverse side a profile representation of a
Native American, and on the reverse side a representation of a
buffalo.
(2) Designations and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year; and
(C) inscriptions of the words ``United States of
America'', ``Liberty'', and ``E Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Indian Affairs of the Senate and the Commission of
Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2000.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $1.00 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) does not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) Permissible Purposes.--All surcharges received by the Secretary
from the sale of coins issued under this Act shall be paid promptly by
the Secretary to the National Museum of the American Indian for the
purposes of--
(1) commemorating the tenth anniversary of the
establishment of the Museum; and
(2) supplementing the endowment and educational outreach
funds of the Museum.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the National Museum of the American Indian as may be related to
the expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | United States Buffalo Nickel Act of 1997 - Directs the Secretary of the Treasury to mint and issue five-cent coins based on the original five-cent coin designed by James Earle Fraser and minted from 1913 to 1938.
Mandates that: (1) each coin have a profile representation of a Native American on the obverse side, and a representation of a buffalo on the reverse side; (2) coin design shall be selected by the Secretary after consultation with specified congressional committees and reviewed by the Citizens Commemorative Coin Advisory Committee; and (3) a one-dollar sales surcharge shall be imposed per coin and distributed to the National Museum of the American Indian to commemorate its tenth anniversary and to supplement its endowment and educational outreach funds. | [
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1,
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1,
1,
1,
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1,
1,
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1,
1,
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Education Tax Credit
Act''.
SEC. 2. CREDIT FOR EDUCATION EXPENSES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. EDUCATION EXPENSES.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year, the amount of the qualified education expenses paid by
the taxpayer during the taxable year for the education of the taxpayer,
the taxpayer's spouse, or any individual with respect to whom the
taxpayer is allowed a deduction under section 151(c).
``(b) Limitation.--
``(1) Amount per individual.--The amount allowed as a
credit under subsection (a) for any taxable year with respect
to the qualified education expenses of any 1 individual shall
not exceed $450.
``(2) Proration of credit where more than one taxpayer pays
expenses.--If the qualified education expenses of an individual
are paid by more than one taxpayer during any calendar year,
the dollar limitation under paragraph (1) shall be allocated
among such taxpayers in proportion to their respective shares
of the qualified education expenses of such individual paid
during such calendar year by all such taxpayers.
``(c) Definitions.--For purposes of this section--
``(1) Qualified education expenses.--
``(A) In general.--The term `qualified education
expenses' means amounts paid for--
``(i) tuition and fees required for the
enrollment or attendance of a student at an
eligible educational institution, and
``(ii) fees, books, supplies, and equipment
required for courses of instruction at an
eligible educational institution.
``(B) Meals and lodging expenses not included.--
Such term does not include any amount paid, directly or
indirectly, for meals, lodging, or similar personal,
living, or family expenses. In the event an amount paid
for tuition or fees includes an amount for meals,
lodging, or similar expenses which is not separately
stated, the portion of such amount which is
attributable to meals, lodging, or similar expenses
shall be determined under regulations prescribed by the
Secretary.
``(C) Special rule for home schooling.--In the case
of education furnished in the home (as a substitute for
public education) which meets the requirements of State
law relating to compulsory school attendance, the term
`qualified education expenses' means amounts paid for
books, computer software, and other supplies used in
furnishing such education.
``(2) Eligible educational institution.--The term `eligible
educational institution' means--
``(A) an institution of higher education,
``(B) a vocational school,
``(C) a secondary school, or
``(D) an elementary school.
``(3) Institution of higher education.--The term
`institution of higher education' means the institutions
described in section 1201(a) or 481(a) of the Higher Education
Act of 1965.
``(4) Vocational school.--The term `vocational school'
means an area vocational education school as defined in section
521(3) of the Carl D. Perkins Vocational Education Act.
``(5) Elementary and secondary schools.--The terms
`elementary school' and `secondary school' have the respective
meanings given such terms by section 14101 of the Elementary
and Secondary Education Act of 1965.
``(d) Special Rules.--
``(1) Adjustment for certain scholarships and veterans'
benefits.--The amounts otherwise taken into account under
subsection (a) as qualified education expenses of any
individual during any period shall be reduced (before the
application of subsection (b)) by the sum of the amounts
referred to in section 135(d)(1) which are received with
respect to such individual for the taxable year.
``(2) Eligible courses.--Except as provided in subsection
(c)(1)(C), amounts paid for qualified education expenses of any
individual shall be taken into account under subsection (a)
only to the extent such expenses--
``(A) are attributable to courses of instruction
offered by an elementary or secondary school, or
``(B) are attributable to courses of instruction
for which credit is allowed toward a baccalaureate or
graduate degree by an institution of higher education
or toward a certificate of required course work at a
vocational school.
``(3) Individual must be at least half-time student.--
Except as provided in subsection (c)(1)(C), no credit shall be
allowed under subsection (a) for amounts paid during the
taxable year for qualified education expenses with respect to
any individual unless that individual, during any 4 calendar
months during the calendar year in which the taxable year of
the taxpayer begins, is at least a half-time student at an
eligible education institution.
``(4) Spouse.--No credit shall be allowed under subsection
(a) for amounts paid during the taxable year for qualified
education expenses for the spouse of the taxpayer unless--
``(A) the taxpayer is entitled to an exemption for
his spouse under section 151(b) for the taxable year,
or
``(B) the taxpayer files a joint return with his
spouse for the taxable year.
``(e) Disallowance of Expenses as Deduction.--No deduction shall be
allowed under section 162 (relating to trade or business expenses) for
any qualified education expense which (after the application of
subsection (b)) is taken into account in determining the amount of any
credit allowed under subsection (a). The preceding sentence shall not
apply to the qualified education expenses of any taxpayer who, under
regulations prescribed by the Secretary, elects not to apply the
provisions of this section with respect to such expenses for the
taxable year.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''
(b) Technical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``or
from section 35 of such Code''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the last item and inserting the following new items:
``Sec. 35. Education expenses.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Children's Education Tax Credit Act - Amends the Internal Revenue Code to establish an annual tax credit (up to $450 for each qualifying student) for qualified educational expenses (tuition, attendance fees, books, supplies, equipment) paid by a taxpayer for the taxpayer, a spouse, or a dependent.
Provides for: (1) credit proration in cases of shared expenses; (2) inclusion of certain home schooling expenses; and (3) adjustments for certain scholarships and veterans' benefits.
Defines "eligible educational institution" as an institution of higher education, or a vocational, secondary, or elementary school. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Super Computing Leadership
Act''.
SEC. 2. DEFINITIONS.
Section 2 of the Department of Energy High-End Computing
Revitalization Act of 2004 (15 U.S.C. 5541) is amended by striking
paragraphs (1) through (5) and inserting the following:
``(1) Co-design.--The term `co-design' means the joint
development of application algorithms, models, and codes with
computer technology architectures and operating systems to
maximize effective use of high-end computing systems.
``(2) Department.--The term `Department' means the
Department of Energy.
``(3) Exascale.--The term `exascale' means computing system
performance at or near 10 to the 18th power floating point
operations per second.
``(4) High-end computing system.--The term `high-end
computing system' means a computing system with performance
that substantially exceeds that of systems that are commonly
available for advanced scientific and engineering applications.
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
``(6) Leadership system.--The term `leadership system'
means a high-end computing system that is among the most
advanced in the world in terms of performance in solving
scientific and engineering problems.
``(7) National laboratory.--The term `National Laboratory'
means any one of the seventeen laboratories owned by the
Department.
``(8) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(9) Software technology.--The term `software technology'
includes optimal algorithms, programming environments, tools,
languages, and operating systems for high-end computing
systems.''.
SEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND
DEVELOPMENT PROGRAM.
Section 3 of the Department of Energy High-End Computing
Revitalization Act of 2004 (15 U.S.C. 5542) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``program'' and
inserting ``coordinated program across the
Department'';
(B) by striking ``and'' at the end of paragraph
(1);
(C) by striking the period at the end of paragraph
(2) and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(3) partner with universities, National Laboratories, and
industry to ensure the broadest possible application of the
technology developed in this program to other challenges in
science, engineering, medicine, and industry.'';
(2) in subsection (b)(2), by striking ``vector'' and all
that follows through ``architectures'' and inserting ``computer
technologies that show promise of substantial reductions in
power requirements and substantial gains in parallelism of
multicore processors, concurrency, memory and storage,
bandwidth, and reliability''; and
(3) by striking subsection (d) and inserting the following:
``(d) Exascale Computing Program.--
``(1) In general.--The Secretary shall conduct a
coordinated research program to develop exascale computing
systems to advance the missions of the Department.
``(2) Execution.--The Secretary shall, through competitive
merit review, establish two or more National Laboratory-
industry-university partnerships to conduct integrated
research, development, and engineering of multiple exascale
architectures, and--
``(A) conduct mission-related co-design activities
in developing such exascale platforms;
``(B) develop those advancements in hardware and
software technology required to fully realize the
potential of an exascale production system in
addressing Department target applications and solving
scientific problems involving predictive modeling and
simulation and large-scale data analytics and
management; and
``(C) explore the use of exascale computing
technologies to advance a broad range of science and
engineering.
``(3) Administration.--In carrying out this program, the
Secretary shall--
``(A) provide, on a competitive, merit-reviewed
basis, access for researchers in United States
industry, institutions of higher education, National
Laboratories, and other Federal agencies to these
exascale systems, as appropriate; and
``(B) conduct outreach programs to increase the
readiness for the use of such platforms by domestic
industries, including manufacturers.
``(4) Reports.--
``(A) Integrated strategy and program management
plan.--The Secretary shall submit to Congress, not
later than 90 days after the date of enactment of the
American Super Computing Leadership Act, a report
outlining an integrated strategy and program management
plan, including target dates for prototypical and
production exascale platforms, interim milestones to
reaching these targets, functional requirements, roles
and responsibilities of National Laboratories and
industry, acquisition strategy, and estimated resources
required, to achieve this exascale system capability.
The report shall include the Secretary's plan for
Departmental organization to manage and execute the
Exascale Computing Program, including definition of the
roles and responsibilities within the Department to
ensure an integrated program across the Department. The
report shall also include a plan for ensuring balance
and prioritizing across ASCR subprograms in a flat or
slow-growth budget environment.
``(B) Status reports.--At the time of the budget
submission of the Department for each fiscal year, the
Secretary shall submit a report to Congress that
describes the status of milestones and costs in
achieving the objectives of the exascale computing
program.
``(C) Exascale merit report.--At least 18 months
prior to the initiation of construction or installation
of any exascale-class computing facility, the Secretary
shall transmit a plan to the Congress detailing--
``(i) the proposed facility's cost
projections and capabilities to significantly
accelerate the development of new energy
technologies;
``(ii) technical risks and challenges that
must be overcome to achieve successful
completion and operation of the facility; and
``(iii) an independent assessment of the
scientific and technological advances expected
from such a facility relative to those expected
from a comparable investment in expanded
research and applications at terascale-class
and petascale-class computing facilities,
including an evaluation of where investments
should be made in the system software and
algorithms to enable these advances.''.
Passed the House of Representatives September 8, 2014.
Attest:
KAREN L. HAAS,
Clerk. | American Super Computing Leadership Act - (Sec. 3) Amends the Department of Energy High-End Computing Revitalization Act of 2004 with respect to: (1) exascale computing (computing system performance at or near 10 to the 18th power floating point operations per second), and (2) a high-end computing system with performance substantially exceeding that of systems commonly available for advanced scientific and engineering applications. Directs the Secretary of Energy (DOE) to: (1) coordinate the development of high-end computing systems across DOE; (2) partner with universities, National Laboratories, and industry to ensure the broadest possible application of the technology developed in the program to other challenges in science, engineering, medicine, and industry; and (3) include among the multiple architectures researched, at DOE discretion, any computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability. Repeals authority for establishment of at least one High-End Software Development Center. Directs the Secretary to conduct a coordinated research program to develop exascale computing systems to advance DOE missions. Requires establishment through competitive merit review of two or more DOE National Laboratory-industry-university partnerships to conduct integrated research, development, and engineering of multiple exascale architectures. Requires the Secretary to conduct mission-related co-design activities in developing such exascale platforms. Defines "co-design" as the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. Directs the Secretary to develop any advancements in hardware and software technology required to realize fully the potential of an exascale production system in addressing DOE target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management. Requires DOE also to explore the use of exascale computing technologies to advance a broad range of science and engineering. Directs the Secretary to submit to Congress an integrated strategy and program management plan. Requires the Secretary, before initiating construction or installation of an exascale-class computing facility, to transmit to Congress a separate plan detailing: (1) the proposed facility's cost projections and capabilities to significantly accelerate the development of new energy technologies; (2) technical risks and challenges that must be overcome to achieve successful completion and operation of the facility; and (3) an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities, including an evaluation of where investments should be made in the system software and algorithms to enable these advances. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retailers and Entertainers Lacey
Implementation and Enforcement Fairness Act'' or the ``RELIEF Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Amendments to the Lacey Act Amendments of 1981 were
enacted as part of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246).
(2) The 2008 amendments were intended to level the playing
field for American businesses engaged in the responsible
harvest, shipment, manufacture, and trade of plants and plant
products whose prices had been undercut by a black market
fueled by irresponsible and illegal taking of protected plants
around the globe.
(3) The 2008 amendments were overly broad and their
enforcement as enacted could criminalize actions of a good-
faith owner, purchaser, or retailer of a plant or plant
product, subjecting them to penalties that include forfeiture,
fines, and imprisonment.
(4) Sanctions for violating the 2008 amendments should be
proportional to the act in violation. An individual who is not
in the commercial shipping business should not be held to the
same standard of compliance under that Act.
(5) Individuals fear that they risk incurring those
penalties by merely owning or traveling with a vintage musical
instrument, antique furniture, or another wood product.
(6) The Department of the Interior and Department of
Justice have stated ``people who unknowingly possess a musical
instrument or other object containing wood that was illegally
taken, possessed, transported or sold in violation of law and
who, in the exercise of due care would not have known that it
was illegal, do not have criminal exposure.''.
(7) It is necessary to clarify the 2008 amendments so that
legally harvested new plant products can enter the market
place.
(8) Declaration requirements for plant products imported or
manufactured prior to May 22, 2008, are unreasonable since the
sourcing of plant products was not previously required by law.
(9) Federal law enforcement officials should not engage in
overzealous enforcement action under the 2008 amendments.
(10) It is important to ensure that the appropriate
agencies have the necessary funding to implement the current
phases of the declaration requirement before considering any
future phases.
(11) The appropriate agencies have the responsibility of
providing a publicly accessible database so that everyone can
be notified of the foreign laws of countries as they apply to
the importation of plants.
SEC. 3. TREATMENT OF PLANTS AND PLANT PRODUCTS UNDER LACEY ACT
AMENDMENTS OF 1981.
(a) Limitation on Application of Act to Certain Plants and Plant
Products.--The Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) is
amended by redesignating section 9 as section 10, and by inserting
after section 8 the following:
``SEC. 9. LIMITATION ON APPLICATION TO CERTAIN PLANTS AND PLANT
PRODUCTS.
``This Act does not apply with respect to--
``(1) any plant that was imported into the United States
before May 22, 2008; or
``(2) any finished plant or plant product the assembly and
processing of which was completed before May 22, 2008.''.
(b) Limitations on Application of Plant Declaration Requirement.--
Section 3(f) of such Act (16 U.S.C. 3372(f)) is amended--
(1) in paragraph (1), by inserting ``that is entered for
consumption (as that term is defined in part 141.0a of title
19, Code of Federal Regulations, as in effect on the date of
enactment of the Retailers and Entertainers Lacey
Implementation and Enforcement Fairness Act)'' after ``plant'';
and
(2) in paragraph (3)--
(A) by inserting ``(A)'' before ``Paragraphs (1)'';
and
(B) by adding at the end the following:
``(B)(i) In the case of a plant product that is derived
from a tree, a declaration under paragraph (1) or (2) is not
required to include information referred to in subparagraph
(A), (B), or (C) of that paragraph unless the plant product is
solid wood.
``(ii) The Administrator of the Animal and Plant Health
Inspection Service shall issue regulations that define the term
`solid wood' for purposes of this subparagraph.''.
(c) Application of Civil Forfeiture Laws.--Section 5(d) of such Act
(16 U.S.C. 3374(d)) is amended--
(1) by inserting ``(1)'' before ``Civil'';
(2) by inserting ``, except as provided in paragraphs (2)
and (3) of this subsection'' before the period at the end; and
(3) by adding at the end the following:
``(2) Subsection (d)(4) of section 983 of such chapter, and the
second sentence of subsection (a)(1)(F) of such section, shall not
apply to plants or plant products.
``(3) This section is the sole authority for civil seizure or
forfeiture actions alleging, or predicated upon, a violation of section
3.''.
SEC. 4. LIMITATION ON APPLICATION OF FOREIGN LAWS.
(a) Prohibited Acts.--Section 3(a) of such Act (16 U.S.C. 3372(a))
is amended--
(1) in paragraph (2)(B), in clause (ii) and in clause
(iii), by striking ``foreign law'' and inserting ``foreign law
that is directed at the protection, conservation, and
management of plants''; and
(2) in paragraph (3)(B), in clause (ii) and in clause
(iii), by striking ``foreign law'' and inserting ``foreign law
that is directed at the protection, conservation, and
management of plants''.
(b) Civil Penalties.--Section 4(a)(1) of such Act (16 U.S.C.
3373(a)(1)) is amended by striking ``foreign law'' and inserting
``foreign law that is directed at the protection, conservation, and
management of plants''.
SEC. 5. REVIEW AND REPORT.
Section 3(f) of such Act (16 U.S.C. 3372(f)) is amended--
(1) in paragraph (4), by striking ``Not later than two
years after the date of enactment of this subsection,'' and
inserting ``Not later than 180 days after the date of enactment
of the Retailers and Entertainers Lacey Implementation and
Enforcement Fairness Act,''; and
(2) in paragraph (5)--
(A) by striking ``Not later than 180 days after the
date on which the Secretary completes the review under
paragraph (4), the Secretary'' and inserting ``Not
later than 180 days after the date the Secretary
completes the review under paragraph (4), the Director
of the United States Fish and Wildlife Service'';
(B) by striking ``and'' after the semicolon at the
end of subparagraph (B);
(C) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(D) by adding at the end the following:
``(D) an evaluation of the feasibility of creating
and maintaining a publicly available database of laws
of foreign countries from which plants are exported.''. | Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act or the RELIEF Act - (Sec. 3) Amends the Lacey Act Amendments of 1981 to: (1) make such Act inapplicable to any plant that was imported into the United States before May 22, 2008, or any finished plant or plant product the assembly and processing of which was completed before such date; (2) limit the application of plant importation declaration requirements to plants that are entered for consumption; and (3) exclude from declaration requirements a plant product that is derived from a tree unless the product is solid wood (requires the Administrator of the Animal and Plant Health Inspection Service to issue regulations that define the term "solid wood" for such purpose).
Provides that: (1) civil forfeiture provisions that prohibit any person from asserting an ownership interest in contraband or other property that it is illegal to possess, or that prohibit the federal government from being required to return contraband or other property that the person from whom the property was seized may not legally possess, shall not apply to plants or plant products; and (2) civil forfeiture provisions of such Act are the sole authority for civil seizure or forfeiture actions alleging, or predicated upon, a violation of such Act.
(Sec. 4) Prohibits any person from importing, exporting, transporting, selling, receiving, acquiring, or purchasing in interstate or foreign commerce, or any person within the special maritime and territorial jurisdiction of the United States from possessing, a plant taken, possessed, transported, or sold: (1) without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any state or any foreign law that is directed at the protection, conservation, and management of plants; and (2) in violation of any limitation under any law or regulation of any state, or under foreign law, governing the export or transshipment of plants and that is directed at the protection, conservation, and management of plants
Limits the application of a civil penalty under such Act for violations of foreign laws to violations of foreign laws that are directed at the protection, conservation, and management of plants.
Requires the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970, to review the implementation of plant declarations with 180 days. Requires the Director of the United States Fish and Wildlife Service (currently, the Secretary of Commerce) to report on plant declaration requirements, including an evaluation of the feasibility of creating a publicly available database of laws of foreign countries from which plants are exported. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Americans Giving care to Elders
(AGE) Act of 2007''.
SEC. 2. CREDIT FOR ELDERCARE EXPENSES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. EXPENSES FOR ELDERCARE.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual for which
there are 1 or more qualifying individuals (as defined in
subsection (b)(1)) with respect to such individual, there shall
be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the applicable
percentage of the eldercare expenses (as defined in subsection
(b)(2)) paid by such individual during the taxable year.
``(2) Applicable percentage defined.--For purposes of
paragraph (1), the term `applicable percentage' means 20
percent reduced (but not below zero) by 1 percentage point for
each $4,000 (or fraction thereof) by which the taxpayer's
adjusted gross income for the taxable year exceeds $120,000.
``(b) Definitions of Qualifying Individual and Eldercare
Expenses.--For purposes of this section--
``(1) Qualifying individual.--The term `qualifying
individual' means the father or mother of the taxpayer or an
ancestor of such father or mother, who requires assistance with
activities of daily living.
``(2) Eldercare expenses.--
``(A) In general.--The term `eldercare expenses'
means amounts paid for expenses for the care of a
qualifying individual.
``(B) Care centers.--Eldercare expenses described
in subparagraph (A) which are incurred for services
provided outside the taxpayer's household by a care
center (as defined in subparagraph (C)) shall be taken
into account only if such center complies with all
applicable laws and regulations of a State or unit of
local government.
``(C) Care center defined.--For purposes of this
paragraph, the term `care center' means any facility
which--
``(i) provides care for more than six
individuals, and
``(ii) receives a fee, payment, or grant
for providing services for any of the
individuals (regardless of whether such
facility is operated for profit).
``(c) Dollar Limit on Amount Creditable.--
``(1) In general.--The amount of the eldercare expenses
incurred during any taxable year which may be taken into
account under subsection (a) shall not exceed $6,000.
``(2) Coordination with dependent care assistance
exclusion.--The dollar amount in paragraph (1) shall be reduced
by the aggregate amount excluded from gross income under
section 129 for the taxable year.
``(d) Special Rules.--For purposes of this section--
``(1) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid to an
individual--
``(A) with respect to whom, for the taxable year, a
deduction under section 151(c) (relating to deduction
for personal exemptions for dependents) is allowable
either to the taxpayer or his spouse, or
``(B) who is a child of the taxpayer (within the
meaning of section 152(f)(1)) who has not attained the
age of 19 at the close of the taxable year.
For purposes of this paragraph, the term `taxable year' means
the taxable year of the taxpayer in which the service is
performed.
``(2) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(3) Identifying information required with respect to
qualifying individuals.--No credit shall be allowed under
subsection (a) with respect to any qualifying individual unless
the taxpayer identification number of such individual is
included on the return claiming the credit.
``(4) Married couples must file joint return.--Rules
similar to the rules of paragraphs (2) and (3) of section 21(e)
shall apply.
``(e) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any amount with respect to which a credit is allowed
under section 21.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Expenses for eldercare.''.
(c) Conforming Amendments.--
(1) Section 213(e) of the Internal Revenue Code of 1986
(relating to exclusion of amounts allowed for care of certain
dependents) is amended--
(A) by inserting ``or section 25E'' after ``section
21'', and
(B) by inserting ``and Elders'' after ``Certain
Dependents'' in the heading.
(2) Section 6213(g)(2) of such Code (relating to
mathematical or clerical error) is amended--
(A) by inserting ``, section 25E (relating to
expenses for care of elders),'' after ``(relating to
expenses for household and dependent care services
necessary for gainful employment)'' in subparagraph
(H), and
(B) by inserting ``25E,'' after ``24,'' in
subparagraph (L).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. EXTENSION AND INCREASE IN FUNDING FOR THE NATIONAL FAMILY
CAREGIVER SUPPORT PROGRAM.
Section 303(e)(2) of the Older Americans Act of 1965 (42 U.S.C.
3023(e)(2)), as amended by the Older Americans Act Amendments of 2006,
is further amended by striking ``$166,500,000 for fiscal year 2008''
and all that follows through ``for fiscal year 2011'' and inserting
``$250,000,000 for each of fiscal years 2008, 2009, 2010, and 2011.''.
SEC. 4. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING.
(a) In General.--Part A of title IV of the Older Americans Act of
1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the
following:
``SEC. 423. NATIONAL RESOURCE CENTER ON FAMILY CAREGIVING.
``(a) Definitions.--In this section:
``(1) Public or private nonprofit entity.--The term `public
or private nonprofit entity' means--
``(A) a State, a political subdivision of a State,
or an agency or instrumentality of such a State or
political subdivision; or
``(B) a nonprofit entity that is described in
section 501(c)(3) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a) of such
Code.
``(2) State.--The term `State' means 1 of the 50 States.
``(b) Establishment.--The Secretary of Health and Human Services
shall award a grant to or enter into a cooperative agreement with a
public or private nonprofit entity to establish a National Resource
Center on Family Caregiving (referred to in this section as the
`Center').
``(c) Purposes of National Resource Center.--The Center shall--
``(1) identify, develop, and disseminate information on
best practices for and evidence-based models of family
caregiver support programs;
``(2) provide timely information on policy and program
updates relating to family caregivers;
``(3) partner with related organizations to disseminate
practical strategies and tools to support families in their
caregiving roles;
``(4) convene educational programs and web-based seminars
on family caregiver issues and program development; and
``(5) provide a comprehensive Internet website with a
national searchable database on family caregiver programs and
resources in the States.
``(d) Authorization.--There is authorized to be appropriated to
carry out this section $12,000,000 for the period of fiscal years 2008
through 2011.''.
(b) Technical Amendments.--
(1) Section 431(a) of such Act (42 U.S.C. 3033(a)) is
amended by striking ``or contract'' the first place it appears
and inserting ``or contract (including a cooperative
agreement)''.
(2) Section 432(a) of such Act (42 U.S.C. 3033a(a)) is
amended by striking ``and contracts'' and inserting ``and
contracts (including cooperative agreements)''. | Americans Giving care to Elders (AGE) Act of 2007 - Amends the Internal Revenue Code to allow caregivers a tax credit for up to $6,000 of the eldercare expenses incurred for their parents (or ancestors of such parents).
Amends the Older Americans Act of 1965 to: (1) increase funding for the National Family Caregiver Support Program through FY2011; and (2) establish a National Resource Center on Family Caregiving to provide information on and support for family caregiver support programs. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Library Innovation Space
Act''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Subsection (a) of section 214 of the Museum and Library Services
Act (20 U.S.C. 9123(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) to carry out chapter 5, $10,000,000 for each of
fiscal years 2018 through 2022.''.
SEC. 3. PUBLIC LIBRARY MAKERSPACE GRANTS.
Subtitle B of title II of the Museum and Library Services Act (20
U.S.C. 9101 et seq.) is amended by adding at the end the following:
``CHAPTER 5--PUBLIC LIBRARY MAKERSPACE GRANT PROGRAM
``SEC. 265. PUBLIC LIBRARY MAKERSPACE GRANT PROGRAM.
``(a) Program Authorized.--From the amounts provided under section
214(a)(3), the Director shall carry out a program under which the
Director makes grants, on a competitive basis, to eligible partnerships
to establish makerspaces at public libraries.
``(b) Applications.--To be considered for a grant under this
section, an eligible partnership shall submit an application to the
Director at such time, in such manner, and containing such information
and assurances as the Director may require.
``(c) Selection of Grantees.--In selecting eligible partnerships to
receive grants under this section, the Director shall consider--
``(1) the viability of the partnership making the
application;
``(2) the ability of the partnership to meet the matching
requirement described in subsection (d);
``(3) the potential of the project to provide social and
economic benefits to the local community;
``(4) the support of local communities, government, and
partners for the project;
``(5) the project's potential for strengthening the
involvement of diverse and underserved communities in
entrepreneurship and economic development; and
``(6) the ability of the project to continue after the end
of the grant period.
``(d) Matching Requirement.--
``(1) In general.--Except as provided in paragraph (2), an
eligible partnership shall contribute, for the activities for
which the grant was awarded under this section, non-Federal
matching funds in an amount equal to the amount of the grant.
``(2) Waiver.--The Director may waive the requirement of
paragraph (1) for any eligible partnership that the Director
determines does not have adequate resources to meet such
requirement.
``(e) Reports.--Not less frequently than once annually, the
Director shall submit to Congress a report that includes--
``(1) a description of the activities carried out with
grants under this section; and
``(2) an assessment of the effect of the grant program on
community economic development.
``(f) Treatment of Makerspaces.--The use of a makerspace supported
by a grant under this section shall not be treated as a private
business use under section 141(b) of the Internal Revenue Code of 1986.
``(g) Prohibition on Construction Activities.--An eligible
partnership that receives a grant under this section may not use grant
funds, or matching funds contributed by the partnership under
subsection (d), for construction activities at a public library that
would provide extra square footage to house a makerspace.
``(h) Definitions.--In this section:
``(1) Eligible partnership.--The term `eligible
partnership' means a partnership that includes a public library
and--
``(A) an economic development corporation;
``(B) a local government;
``(C) a State government;
``(D) an elementary school or secondary school (as
such terms are defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801));
``(E) a museum;
``(F) an institution of higher education (as such
term is defined in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
``(G) a nonprofit organization;
``(H) a corporation;
``(I) other entities identified by the Director; or
``(J) a combination of entities described in any of
subparagraphs (A) through (I).
``(2) Makerspace.--The term `makerspace' means a facility
(which may be a facility at a fixed location or a mobile unit)
that is open to the public and provides individuals with access
to--
``(A) tools, technology, and educational resources
that are designed to enable such individuals to create
physical goods, including prototypes; and
``(B) educational opportunities, including
vocational training and assistance with early-stage
business ventures.''. | Public Library Innovation Space Act This bill requires the National Museum and Library Services Board to carry out a program for making competitive grants to eligible partnerships (composed of a public library and an economic development corporation, a local government, a state government, an elementary or secondary school, a museum, an institution of higher education, a nonprofit organization, a corporation, and/or other entities identified by the Board) to establish makerspaces at public libraries. A makerspace is a facility (which may be at a fixed location or a mobile unit) that is open to the public and provides individuals with access to: (1) tools, technology, and educational resources designed to enable such individuals to create physical goods, including prototypes; and (2) educational opportunities, including vocational training and assistance with early-stage business ventures. A partnership must contribute, for the activities for which the grant was awarded, nonfederal matching funds equal to the grant amount. Each eligible partnership that receives a grant may not use its grant funds, or the matching funds contributed by it, for construction activities at a public library that would provide extra square footage to house a makerspace. | [
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