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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Territorial Economic Growth and
Recovery Act of 2016''.
SEC. 2. REPEAL OF LIMITATION ON COVER OVER OF DISTILLED SPIRITS TAXES.
(a) In General.--Section 7652(f) of the Internal Revenue Code of
1986 is repealed.
(b) Effective Date.--The amendment made by this section shall apply
to distilled spirits brought into the United States after December 31,
2015.
SEC. 3. PAYMENTS TO UNITED STATES TERRITORIES AND POSSESSIONS.
(a) Earned Income Credit.--Section 32 of the Internal Revenue Code
of 1986 is amended by adding at the end the following:
``(n) Treatment of Possessions.--
``(1) Payments to possessions.--
``(A) Mirror code possession.--The Secretary of the
Treasury shall periodically (but not less frequently
than annually) pay to each possession of the United
States with a mirror code tax system amounts equal to
the loss to that possession by reason of the
application of this section (determined without regard
to paragraph (2)) with respect to taxable years
beginning after December 31, 2015. Such amounts shall
be determined by the Secretary of the Treasury based on
information provided by the government of the
respective possession.
``(B) Other possessions.--The Secretary of the
Treasury shall periodically (but no less frequently
than annually) pay to each possession of the United
States which does not have a mirror code tax system
amounts estimated by the Secretary of the Treasury as
being equal to the aggregate benefits that would have
been provided to residents of such possession by reason
of the application of this section for taxable years
beginning after December 31, 2015, if a mirror code tax
system had been in effect in such possession. The
preceding sentence shall not apply with respect to any
possession of the United States unless such possession
has a plan, which has been approved by the Secretary of
the Treasury, under which such possession will promptly
distribute such payments to the residents of such
possession.
``(2) Coordination with credit allowed against united
states income taxes.--No credit shall be allowed under this
section for any taxable year to any person--
``(A) to whom a credit is allowed against taxes
imposed by the possession by reason of this section
(determined without regard to this paragraph) for such
taxable year, or
``(B) who is eligible for a payment under a plan
described in paragraph (1)(B) with respect to such
taxable year.
``(3) Definitions and special rules.--
``(A) Possession of the united states.--For
purposes of this subsection, the term `possession of
the United States' includes the Commonwealth of Puerto
Rico and the Commonwealth of the Northern Mariana
Islands.
``(B) Mirror code tax system.--For purposes of this
subsection, the term `mirror code tax system' means,
with respect to any possession of the United States,
the income tax system of such possession if the income
tax liability of the residents of such possession under
such system is determined by reference to the income
tax laws of the United States as if such possession
were the United States, and such system includes a tax
credit substantially identical to the credit allowed
under this section.
``(C) Treatment of payments.--For purposes of
section 1324(b)(2) of title 31, United States Code, or
any similar rule of law, any payment made under this
subsection shall be treated in the same manner as a
refund due from the credit allowed under this
section.''.
(b) Child Tax Credit.--Section 24 of such Code is amended by adding
at the end the following:
``(h) Payments to Virgin Islands and Guam for Lost Revenue.--The
Secretary shall make annual payments to the Virgin Islands and to Guam
in amounts equal to the aggregate loss to the Virgin Islands or Guam,
as the case may be, by reason of the application of this section with
respect to taxable years beginning after 2015. Such amounts shall be
determined by the Secretary based on information provided by the Virgin
Islands and Guam. For purposes of section 1324(b)(2) of title 31,
United States Code, the payments under this subsection shall be treated
in the same manner as a refund due from the credit allowed under this
section.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after December 31, 2015.
SEC. 4. STUDY AND REPORT REGARDING VIRGIN ISLANDS PUBLIC PENSION PLANS.
Not later than 6 months after the date of the enactment of this
Act, the Joint Board for the Enrollment of Actuaries established under
section 3041 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1241) shall report to the Office of Domestic Finance of the
Department of the Treasury on recommendations on actions that would be
necessary to ensure that the public pension plans of the Virgin Islands
can be sustainably maintained and funded by the government of the
Virgin Islands for the next 20 years. | Territorial Economic Growth and Recovery Act of 2016 This bill amends the Internal Revenue Code to repeal the limitation on the amount of distilled spirits excise taxes covered over (paid into) to the treasuries of the Virgin Islands and Puerto Rico. If Puerto Rico or the Northern Mariana Islands has a tax system that mirrors federal tax law (mirror code tax system), the Department of the Treasury must pay each possession amounts equal to the loss to the possession due to the application of the Earned Income Tax Credit (EITC). If the possession does not have a mirror code tax system, Treasury must pay to the possession an amount equal to the aggregate benefits that would have been provided to residents of the possession by applying the EITC if a mirror code tax system had been in effect. Treasury must pay to the Virgin Islands and Guam amounts equal to the aggregate loss to the Virgin Islands or Guam due to the Child Tax Credit. The Joint Board for the Enrollment of Actuaries must submit to Treasury's Office of Domestic Finance recommendations for actions that would be necessary to ensure that the public pension plans of the Virgin Islands can be sustainably maintained and funded by the government of the Virgin Islands for the next 20 years. | [
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<greek-th> x
SECTION 1. SHORT TITLE. <greek-th> x
This Act may be cited as the ``Child Modeling Exploitation
Prevention Act''.<greek-th> x
SEC. 2. FINDINGS. <greek-th> x
The Congress finds the following:<greek-th> x
(1) The use of children in the production of exploitive
child modeling, including on Internet websites, in photographs,
films, videos, and other visual depictions, is a form of child
abuse that can result in physical and psychological harm to the
children involved. <greek-th> x
(2) Exploitive child modeling is different from other,
legitimate, child modeling because exploitive child modeling
involves marketing the child himself or herself in lascivious
positions and acts, rather than actually marketing products to
average American consumers. <greek-th> x
(3) The purpose of exploitive child modeling is to satisfy
the demand of pedophiles. <greek-th> x
(4) Unlike legitimate child modeling, exploitive child
modeling may involve a direct and personal interaction between
the child model and the pedophile. The pedophile often knows
the child's name and has a way of communicating with the child.
<greek-th> x
(5) The interaction between the exploited child model and
the pedophile can lead the child to trust pedophiles and to
believe that it is acceptable and safe to meet with pedophiles
in private. <greek-th> x
(6) Over 70 percent of convicted pedophiles have used child
pornography or exploitive child modeling depictions to whet
their sexual appetites. Because children are used in its
production, exploitive child modeling can place the child in
danger of being abducted, abused, or murdered by the pedophiles
who view such depictions. <greek-th> x
(7) These exploitive exhibitions of children are
unacceptable by social standards and lead to a direct harm to
the children involved. <greek-th> x
SEC. 3. EMPLOYMENT IN EXPLOITIVE CHILD MODELING. <greek-th> x
(a) Prohibition on Employment.--Section 12 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end
the following:<greek-th> x
``(e)(1) No employer may employ a child model in exploitive child
modeling.<greek-th> x
``(2) Notwithstanding section 16(a), whoever violates paragraph (1)
shall be fined under title 18 or imprisoned not more than 10 years, or
both.<greek-th> x
``(3)(A) In this subsection, the term `exploitive child modeling'
means modeling involving the use of a child under 17 years old for
financial gain without the purpose of marketing a product or service
other than the image of the child.<greek-th> x
``(B) Such term applies to any such use, regardless of whether the
employment relationship of the child is direct or indirect, or
contractual or noncontractual, or is termed that of an independent
contractor.<greek-th> x
``(C) Such term does not apply to an image which, taken as a whole,
has serious literary, artistic, political, or scientific
value.''.<greek-th> x
(b) Oppressive Child Labor.--Section 3(l) of such Act (29 U.S.C.
203(l)) is amended--<greek-th> x
(1) by striking ``(1) any'' and inserting ``(A)
any'';<greek-th> x
(2) by striking ``(2) any'' and inserting ``(B)
any'';<greek-th> x
(3) by inserting ``(1)'' after ``(l)''; and<greek-th> x
(4) by adding at the end the following new
paragraph:<greek-th> x
``(2) Such term includes employment of a minor in violation of
section 12(e)(1).''.<greek-th> x
SEC. 4. EXPLOITIVE CHILD MODELING OFFENSE. <greek-th> x
(a) In General.--110 of title 18, United States Code, is amended by
inserting after section 2252A the following:<greek-th> x
``2252B. Exploitive child modeling<greek-th> x
``(a) In General.--Except as provided in subsection (b), whoever,
in or affecting interstate or foreign commerce, with the intent to make
a financial gain thereby--displays or offers to provide the image of an
individual engaged in exploitive child modeling (as defined in section
12(e) of the Fair Labor Standards Act of 1938) shall be fined under
this title or imprisoned not more than 10 years, or both.<greek-th> x
``(b) Exception.--This section does not apply to an image which,
taken as a whole, has serious literary, artistic, political, or
scientific value.''.<greek-th> x
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 110 of title 18, United States Code, is amended by inserting
after the item relating to section 2252A the following:<greek-th> x
<greek-th> x <greek-th><greek-e>``2252B. Exploitive child
modeling.''.<greek-th><greek-e> | Child Modeling Exploitation Prevention Act - Amends the Fair Labor Standards Act of 1938 to prohibit an employer from employing a child model in exploitive child modeling. Defines "exploitive child modeling" as modeling involving the use of a child under 17 years old for financial gain without the purpose of marketing a product or service other than the child's image, regardless of whether the employment relationship of the child is direct or indirect, contractual or non-contractual, or is termed that of an independent contractor. Provides that such term does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value.Sets penalties for violations. Includes employment of a minor in violation of such provision within the definition of "oppressive child labor."Amends the Federal criminal code to prohibit displaying or offering to provide the image of an individual engaged in exploitive child modeling, in or affecting interstate or foreign commerce, with the intent to make a financial gain, except with respect to an image which has serious literary, artistic, political, or scientific value. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outer Continental Shelf Enhanced
Exploration and Deep Water Incentives Act''.
SEC. 2. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT.
(a) Incentives.--Section 8(a)(3) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(a)(3)) is amended to read as follows:
``(3)(A) The Secretary, at his own discretion or on petition of a
lessee, in order--
``(i) to promote development and new production on
producing or nonproducing leases, through primary, secondary,
or tertiary recovery means; or
``(ii) to encourage production of marginal or uneconomic
resources on producing or nonproducing leases, which may
include the use of primary, secondary, or tertiary recovery
means,
may reduce, suspend, or eliminate any royalty or net profit share set
forth in the leases. In the case of a petition of a lessee, the
Secretary shall make a final determination under this subparagraph
within 6 months after the submittal of such petition.
``(B)(i) Notwithstanding any other provision of this Act, except as
provided in clauses (ii) and (iii) of this subparagraph, no royalty
payment shall be due on new production from any lease located in water
depths of 200 meters or greater until the capital costs directly
related to such new production have been recovered by the lessee out of
the proceeds from such new production.
``(ii) Notwithstanding clause (i), in any month during which the
arithmetic average of the closing prices for the earliest delivery
month on the New York Mercantile Exchange for Light Sweet crude oil
exceeds $28.00 per barrel, any production of oil described in clause
(i) shall be subject to royalties at the lease stipulated rate.
``(iii) Notwithstanding clause (i), in any month during which the
arithmetic average of the closing prices for the earliest delivery
month on the New York Mercantile Exchange for natural gas exceeds $3.50
per million British thermal units, any production of natural gas
described in clause (i) shall be subject to royalties at the lease
stipulated rate.
``(iv) The prices referred to in clauses (ii) and (iii) of this
subparagraph shall be changed during any calendar year after 1993 by
the percentage if any by which the consumer price index changed during
the preceding calendar year, as defined in section 111(f)(4) of the
Internal Revenue Code of 1986.
``(v) Nothing in this subparagraph shall be construed to affect any
requirement under this section to pay bonus bids.
``(vi) For purposes of this subparagraph--
``(I) the term `capital costs' shall be defined by the
Secretary, shall include exploration costs incurred after the
acquisition of the lease and development and capital production
costs directly related to new production, shall not include any
amounts paid as bonus bids or paid as royalties pursuant to
clause (ii) or (iii), and shall be adjusted to reflect changes
in the consumer price index, as defined in section 111(f)(4) of
the Internal Revenue Code of 1986; and
``(II) the term `new production' means any production from
a lease from which no royalties have been due on production,
other than test production, prior to the date of the enactment
of the Outer Continental Shelf Enhanced Exploration and Deep
Water Incentives Act, or any production resulting from lease
development activities under a development and production plan
approved by the Secretary under section 25 after the date of
the enactment of the Outer Continental Shelf Enhanced
Exploration and Deep Water Incentives Act.''.
(b) Frontier Areas.--Section 18 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1344) is amended by adding at the end the
following new subsection:
``(i) The Secretary shall, in each leasing program prepared under
this section, designate as frontier areas portions of the outer
Continental Shelf, if any, with respect to which the Secretary will
exercise authority under section 8(a)(3)(A) to reduce, suspend, or
eliminate the requirement to pay royalties. Any such designation shall
include a full description of the terms of such reduction, suspension,
or elimination. In designating frontier areas under this subsection,
the Secretary shall take into consideration the increased capital costs
associated with exploration and development in coastal or marine
environments, including arctic environments, with special environmental
protection requirements.''.
SEC. 3. REGULATIONS.
(a) Incentives.--The Secretary shall, within 180 days after the
date of the enactment of this Act, issue such rules and regulations as
are necessary to implement the amendment made by section 2(a).
(b) Frontier Areas.--The Secretary shall, within 1 year after the
date of the enactment of this Act, issue regulations defining the term
``frontier area'' for purposes of carrying out section 18(i) of the
Outer Continental Shelf Lands Act. | Outer Continental Shelf Enhanced Exloration and Deep Water Incentives Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to suspend any royalty or net profit share set forth in Outer Continental Shelf (OCS) oil or gas leases.
Declares that no royalty payment shall be due on new production from leases located in depths of 200 meters or more until the capital costs directly related to such production have been recovered out of the resulting proceeds.
Requires the Secretary to designate as frontier areas those portions of the OCS with respect to which the Secretary will exercise authority to modify royalty payment requirements. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Security Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Council.--The term ``Council'' means the National
Energy Security Council established by section 4.
(3) National energy security program.--The term ``national
energy security program'' means the national energy security
program established by section 3.
(4) National oil independence goal.--The term ``national
oil independence goal'' means the national oil independence
goal established under section 3(c).
(5) National oil independence plan.--The term ``national
oil independence plan'' means the national oil independence
plan established under section 3(d).
SEC. 3. NATIONAL ENERGY SECURITY PROGRAM.
(a) Establishment.--There is established in the Executive Office of
the President the national energy security program.
(b) Mission.--The mission of the national energy security program
shall be to coordinate the activities and policies of the Federal
Government to ensure, to the maximum extent practicable, that the
United States meets--
(1) goals for reducing oil dependence, oil imports, and oil
consumption; and
(2) other energy policy goals, including goals for--
(A) enhancing the competitiveness of the United
States in clean energy technology;
(B) strengthening clean energy technology
manufacturing in the United States;
(C) reducing greenhouse gas emissions; and
(D) reducing hazardous pollutants.
(c) National Oil Independence Goal.--
(1) In general.--Subject to paragraph (2), it is the goal
of the United States to reduce oil consumption by the quantity
that is equal to or greater than the quantity of oil imported
by the United States from outside of North America by calendar
year 2030 (as compared to the rate of oil consumption projected
for calendar year 2030 as of the date of enactment of this
Act).
(2) Adjustments.--The President, in consultation with the
Council--
(A) may adjust the numeric goal for calendar year
2030 established under paragraph (1);
(B) shall ensure that any new goal established
under subparagraph (A) represents the maximum
practicable oil savings achievable, taking into account
other benefits of reducing oil consumption (including
economic, security, and environmental benefits) and
costs or other economic effects; and
(C) if any new goal established under subparagraph
(A) is lower than the goal established under paragraph
(1), shall establish an additional goal for reducing
oil consumption in the United Sates by a quantity that
is equal to or greater than the quantity of oil
imported by the United States from outside of North
America on the fastest timeline practicable, taking
into account other benefits of reducing oil consumption
(including economic, security, and environmental
benefits) and costs or other economic effects.
(d) National Oil Independence Plan.--
(1) In general.--The President, in coordination with the
Council and the Director of the Office of Management and
Budget, shall--
(A) develop a national oil independence plan that
describes programs and activities that will be
implemented to meet or exceed the national oil
independence goal and other goals established pursuant
to subsection (c);
(B) submit the national oil independence plan to
Congress not later than 180 days after the date of
enactment of this Act; and
(C) submit an updated national oil independence
plan to Congress every 2 years thereafter.
(2) Review of federal policies, programs, and
authorities.--Not later than 120 days after the date of
enactment of this Act, the President, in coordination with the
Council and the Director of the Office of Management and
Budget, shall review existing programs and authorities of the
Federal Government and other applicable policies (including tax
policies) to determine--
(A)(i) which programs, authorities, or policies
could be used to accelerate reductions in oil
dependence; and
(ii) any means by which the programs, authorities,
or policies--
(I) could be used to maximize reductions in
oil dependence; or
(II) would require modification in order to
be used to maximize reductions in oil
dependence; and
(B)(i) which programs, authorities, or policies
have the effect of increasing oil consumption and oil
dependence or otherwise create barriers to reducing oil
consumption and oil dependence; and
(ii) the manner by which the programs, authorities,
or policies--
(I) have the effect of encouraging oil
consumption or oil dependence or otherwise
create barriers to reducing oil consumption and
oil dependence; and
(II) could be modified or eliminated to
help meet the goal of reducing oil consumption
and oil dependence.
(3) Contents.--At a minimum, the national oil independence
plan shall--
(A) describe the results and conclusions of the
review conducted under paragraph (2);
(B) as appropriate, include--
(i) the use of programs, authorities, or
policies described in paragraph (2)(A); and
(ii) if existing authority allows,
proposals to modify or eliminate programs,
authorities, or policies described in paragraph
(2)(B);
(C) include recommendations to Congress for
legislation that would further--
(i) promote reductions in oil consumption
and oil dependence;
(ii) reduce barriers to reducing oil
consumption and oil dependence; and
(iii) help meet the energy policy goals of
the United States;
(D) include a timetable for achieving the national
oil independence goal, including interim targets on not
less than a biennial basis;
(E) a plan for coordinating actions across the
Federal Government to ensure, to the maximum extent
practicable, that the national oil independence goal is
met; and
(F) a timeline for issuing rules, Executive orders,
or other policy instruments that will implement the
recommendations contained the national oil independence
plan.
(e) Annual Requests to Congress.--When submitting annual budget
requests to Congress, the President shall include--
(1)(A) requests for sufficient funding for such programs
the President considers appropriate to implement the national
oil independence plan; and
(B) if the amount of funding is not sufficient to meet the
national oil independence goal, a description of the amount of
funding that would be necessary to meet the goal;
(2)(A) requests for such additional authorities or changes
to existing laws or authorities as the President considers
appropriate in order to implement the national oil independence
plan; and
(B) if the amount of funding is not sufficient to meet the
national oil independence goal, a description of such
additional authority or changes to existing laws or authorities
as would be necessary to meet the goal; and
(3) a report on the oil consumption and imports of the
United States relative to the national oil independence goal
and the interim targets and timelines established in the
national oil independence plan.
SEC. 4. NATIONAL ENERGY SECURITY COUNCIL.
(a) Establishment.--There is established in the Executive Office of
the President a National Energy Security Council.
(b) Mission.--The mission of the Council shall be to assist and
advise the President in--
(1) establishing the national oil independence goal in
numeric terms of barrels per day of oil consumption, based on
the most recent consumption estimates by the Energy Information
Administration;
(2) meeting the national oil independence goal;
(3) developing the national oil independence plan and the
requests described in section 3(e);
(4) coordinating the policies, programs, and activities of
the national energy security program in order to implement the
national oil independence plan and meet the national oil
independence goal; and
(5) ensuring that policy decisions and programs are
consistent with the energy policy goals of the United States.
(c) Membership.--The membership of the Council shall consist of--
(1) the Secretary of Energy;
(2) the Assistant to the President for National Security
Affairs;
(3) the Secretary of Transportation;
(4) the Administrator;
(5) the Secretary of the Treasury;
(6) the Director of the National Economic Council;
(7) the Secretary of Agriculture;
(8) the Chair of the Council on Environmental Quality;
(9) the Secretary of State; and
(10) the Director of the Office of Science and Technology
Policy.
(d) Chair.--The President shall act as Chair of the Council.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary. | Energy Security Act of 2011 - Establishes in the Executive Office of the President the national energy security program to coordinate federal government activities and policies to ensure that the United States meets goals for reducing oil dependence, oil imports, and oil consumption as well as other energy policy goals.
Declares it is the goal of the United States to reduce oil consumption by 2030 by an amount equal to or greater than the quantity of oil imported from outside of North America.
Directs the President, in coordination with the National Energy Security Council (established by this Act) and the Director of the Office of Management and Budget (OMB), to develop a national oil independence plan, which shall be updated biennially.
Directs the President to review existing federal programs and authorities (including tax policies) to determine: (1) which of them could be used to accelerate reductions in oil dependence, and (2) the means to maximize such reductions.
Establishes in the Executive Office of the President the National Energy Security Council. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Commission on
International Religious Freedom Reform and Reauthorization Act of
2011''.
SEC. 2. ESTABLISHMENT AND COMPOSITION.
(a) Terms.--Section 201(c) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6431(c)) is amended--
(1) in paragraph (1), by striking the last sentence and
inserting the following: ``An individual is not eligible to
serve more than two consecutive terms as a member of the
Commission. Each member serving on the Commission on the date
of enactment of the United States Commission on International
Religious Freedom Reform and Reauthorization Act of 2011 may be
reappointed to not more than one additional consecutive
term.'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``May 15,
2003, through May 14, 2005'' and inserting ``May 15,
2012, through May 14, 2014''; and
(B) in subparagraph (E), by striking ``May 15,
2003, and shall end on May 14, 2004'' and inserting
``May 15, 2012, and shall end on May 14, 2013''; and
(3) by adding at the end the following new paragraph:
``(3) Ineligibility for reappointment.--If a member of the
Commission attends, by being physically present or by
conference call, less than 75 percent of the meetings of the
Commission during one of that member's terms on the Commission,
the member shall not be eligible for reappointment to the
Commission.''.
(b) Election of Chair.--Section 201(d) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6431(d)) is amended by
inserting at the end the following: ``No member of the Commission is
eligible to be elected as Chair of the Commission for a second,
consecutive term.''.
(c) Applicability.--A member of the United States Commission on
International Religious Freedom who is serving on the Commission on the
date of enactment of this Act shall continue to serve on the Commission
until the expiration of the current term of the member under the terms
and conditions for membership on the Commission as in effect on the day
before the date of the enactment of this Act.
SEC. 3. APPLICATION OF ANTIDISCRIMINATION LAWS.
Section 204 of the International Religious Freedom Act of 1998 (22
U.S.C. 6432b) is amended by inserting after subsection (f) the
following new subsection:
``(g) Application of Antidiscrimination Laws.--For purposes of
providing remedies and procedures to address alleged violations of
rights and protections that pertain to employment discrimination,
family and medical leave, fair labor standards, employee polygraph
protection, worker adjustment and retraining, veterans' employment and
reemployment, intimidation or reprisal, protections under the Americans
with Disabilities Act of 1990, occupational safety and health, labor-
management relations, and rights and protections that apply to
employees whose pay is disbursed by the Secretary of the Senate or the
Chief Administrative Officer of the House of Representatives, all
employees of the Commission shall be treated as employees whose pay is
disbursed by the Secretary of the Senate or the Chief Administrative
Officer of the House of Representatives and the Commission shall be
treated as an employing office of the Senate or the House of
Representatives.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 207(a) of the International Religious Freedom Act of 1998
(22 U.S.C. 6435(a)) is amended by striking ``for the fiscal year 2003''
and inserting ``for each of the fiscal years 2012 and 2013''.
SEC. 5. STANDARDS OF CONDUCT AND DISCLOSURE.
Section 208 of the International Religious Freedom Act of 1998 (22
U.S.C. 6435a) is amended--
(1) in subsection (c)(1), by striking ``$100,000'' and
inserting ``$250,000''; and
(2) in subsection (e), by striking ``International
Relations'' and inserting ``Foreign Affairs''.
SEC. 6. TERMINATION.
Section 209 of the International Religious Freedom Act of 1998 (22
U.S.C. 6436) is amended by striking ``September 30, 2011'' and
inserting ``September 30, 2013''.
SEC. 7. REPORT ON EFFECTIVENESS OF PROGRAMS TO PROMOTE RELIGIOUS
FREEDOM.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report on
the implementation of this Act and the amendments made by this Act.
(b) Consultation.--The Comptroller General shall consult with the
appropriate congressional committees and nongovernmental organizations
for purposes of preparing the report.
(c) Matters To Be Included.--The report shall include the
following:
(1) A review of the effectiveness of all United States
Government programs to promote international religious freedom,
including their goals and objectives.
(2) An assessment of the roles and functions of the Office
on International Religious Freedom established in section
101(a) of the International Religious Freedom Act of 1998 (22
U.S.C. 6411(a)) and the relationship of the Office to other
offices in the Department of State.
(3) A review of the role of the Ambassador at Large for
International Religious Freedom appointed under section 101(b)
of the International Religious Freedom Act of 1998 (22 U.S.C.
6411(b)) and the placement of such position within the
Department of State.
(4) A review and assessment of the goals and objectives of
the United States Commission on International Religious Freedom
established under section 201(a) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6431(a)).
(5) A comparative analysis of the structure of the United
States Commission on International Religious Freedom as an
independent non-partisan entity in relation to other United
States advisory commissions, whether or not such commissions
are under the direct authority of Congress.
(6) A review of the relationship between the Ambassador at
Large for International Religious Freedom and the United States
Commission on International Religious Freedom, and possible
reforms that would improve the ability of both to reach their
goals and objectives.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' has the meaning given the term in section 3
of the International Religious Freedom Act of 1998 (22 U.S.C. 6402). | United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011 - Amends the International Religious Freedom Act of 1998 to prohibit: (1) an individual from serving more than two consecutive terms as a member of the U.S. Commission on International Religious Freedom, (2) each member serving on the date of enactment of this Act from being reappointed to more than one additional consecutive term, (3) a member attending less than 75% of the meetings during one of such member's terms from being eligible for reappointment, and (4) a member from being eligible to be elected as Chair of the Commission for a second, consecutive term.
Establishes staggered office terms by modifying certain terms of office conditions for members appointed to serve from May 15, 2012, through May 14, 2014.
Requires, for purposes of providing remedies and procedures to address alleged violations of rights and protections that pertain to various specified antidiscrimination laws, that all employees of the Commission be treated as employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives and that the Commission be treated as an employing office of the Senate or House.
Increases to $250,000 the maximum amount the Commission may expend in any fiscal year to procure temporary or intermittent services contracts for the conduct of certain activities necessary to Commission functions.
Extends the Commission's termination date to September 30, 2013. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Errors in Credit Use and
Reporting Act'' or the ``SECURE Act''.
SEC. 2. LEGAL RECOURSE FOR CONSUMERS.
(a) Injunctive Relief.--The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended--
(1) in section 616--
(A) in subsection (a), by striking ``(a) In
General.--'' and inserting ``(a) Damages.--'';
(B) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(C) by inserting after subsection (b) the
following:
``(c) Injunctive Relief.--In addition to any other remedy set forth
in this section, a court may award injunctive relief to require
compliance with the requirements imposed under this title with respect
to any consumer. In the event of any successful action for injunctive
relief under this subsection, the court may award to the prevailing
party costs and reasonable attorney fees (as determined by the court)
incurred during the action by such party.''; and
(2) in section 617--
(A) in subsection (a), by striking ``(a) In
General.--'' and inserting ``(a) Damages.--'';
(B) by redesignating subsection (b) as subsection
(c); and
(C) by inserting after subsection (a) the
following:
``(b) Injunctive Relief.--In addition to any other remedy set forth
in this section, a court may award injunctive relief to require
compliance with the requirements imposed under this title with respect
to any consumer. In the event of any successful action for injunctive
relief under this subsection, the court may award to the prevailing
party costs and reasonable attorney fees (as determined by the court)
incurred during the action by such party.''.
(b) Enforcement by Federal Trade Commission.--Section 621(a)(2)(A)
of the Fair Credit Reporting Act (15 U.S.C. 1681s(a)(2)(A)) is
amended--
(1) by striking ``(A) Knowing violations.--'' and inserting
``(A) Negligent, willful, or knowing violations.--''; and
(2) by inserting ``negligent, willful, or'' before
``knowing''.
SEC. 3. INCREASED REQUIREMENTS FOR CONSUMER REPORTING AGENCIES AND
FURNISHERS OF INFORMATION.
(a) Provision and Consideration of Documentation Provided by
Consumers.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is
amended--
(1) in section 611--
(A) in subsection (a)--
(i) in paragraph (2)--
(I) in subparagraph (A), by
inserting ``, including all
documentation provided by the
consumer'' after ``received from the
consumer or reseller''; and
(II) in subparagraph (B), by
inserting ``, including all
documentation provided by the
consumer,'' after ``from the consumer
or reseller''; and
(ii) in paragraph (4), by inserting ``,
including all documentation,'' after ``relevant
information''; and
(B) in subsection (f)(2)(B)(ii), by inserting ``,
including all documentation,'' after ``relevant
information''; and
(2) in section 623--
(A) in subsection (a)(8)(E), by striking clause
(ii) and inserting the following:
``(ii) review and consider all relevant
information, including all documentation,
provided by the consumer with the notice;'';
and
(B) in subsection (b)(1), by striking subparagraph
(B) and inserting the following:
``(B) review and consider all relevant information,
including all documentation, provided by the consumer
reporting agency pursuant to section 611(a)(2);''.
(b) Gathering and Reporting of Information Relating to Consumer
Disputes.--Section 611 of the Fair Credit Reporting Act (15 U.S.C. 1681
et seq.) is amended by adding at the end the following:
``(g) Gathering and Reporting of Information Relating to Consumer
Disputes.--
``(1) Reports required.--The Bureau shall provide reports
regarding the disputes described in subsection (a)(1) received
by consumer reporting agencies in such intervals and to such
parties as the Bureau deems appropriate.
``(2) Gathering of information.--The Bureau shall prescribe
rules for the gathering of information relating to disputes
described in subsection (a)(1) received by consumer reporting
agencies to be used in generating the reports under paragraph
(1), including rules establishing--
``(A) the type and format of information that shall
be received by the Bureau from each consumer reporting
agency; and
``(B) the frequency of receipt of the information
from consumer reporting agencies.''.
(c) Accuracy Compliance Procedures.--Section 607 of the Fair Credit
Reporting Act (15 U.S.C. 1681e) is amended by striking subsection (b)
and inserting the following:
``(b) Accuracy of Report.--
``(1) In general.--A consumer reporting agency shall follow
reasonable procedures when preparing a consumer report to
assure maximum possible accuracy of the information concerning
the individual to whom the consumer report relates.
``(2) Bureau rule to assure maximum possible accuracy.--
``(A) Proposed rule.--Not later than 1 year after
the date of enactment of the Stop Errors in Credit Use
and Reporting Act, the Bureau shall issue a proposed
rule establishing the procedures that a consumer
reporting agency must follow to assure maximum possible
accuracy of all consumer reports furnished by the
agency in compliance with this subsection.
``(B) Considerations.--When formulating the rule
required under subparagraph (A), the Bureau shall
consider if requiring the matching of the following
information would improve the accuracy of consumer
reports:
``(i) The first name and last name of a
consumer.
``(ii) The date of birth of a consumer.
``(iii) All 9 digits of the social security
number of a consumer.
``(iv) Any other information that the
Bureau determines would aid in assuring maximum
possible accuracy of all consumer reports
furnished by consumer reporting agencies in
compliance with this subsection.''.
(d) Responsibilities of Furnishers of Information to Consumer
Reporting Agencies.--Section 623(a)(8)(F)(i)(II) of the Fair Credit
Reporting Act (15 U.S.C. 1681s-2(a)(8)(F)(i)(II)) is amended by
inserting ,`` and does not include any new or additional information
that would be relevant to a reinvestigation'' before the period.
(e) Disclosures to Consumers.--Section 609 of the Fair Credit
Reporting Act (15 U.S.C. 1681g) is amended--
(1) in subsection (a)(3)(B), by striking ``; and'' and all
that follows through the end of subparagraph (B) and inserting
the following:
``(ii) the address and telephone number of
the person; and
``(iii) the permissible purpose of the
person for obtaining the consumer report,
including the specific type of credit product
that is extended, reviewed, or collected as
described in section 604(a)(3)(A).'';
(2) in subsection (f)--
(A) by amending paragraph (7)(A) to read as
follows:
``(A) supply the consumer with a credit score
that--
``(i) is derived from a credit scoring
model that is widely distributed to users by
the consumer reporting agency for the purpose
of any extension of credit or other transaction
designated by the consumer who is requesting
the credit score; or
``(ii) is widely distributed to lenders of
common consumer loan products and predicts the
future credit behavior of the consumer; and'';
and
(B) in paragraph (8), by inserting ``, except that
a credit score shall be provided free of charge to the
consumer if requested in connection with a free annual
consumer report described in section 612(a)'' before
the period; and
(3) in subsection (g)(1)--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraphs (D) though (G)
as subparagraphs (C) through (F), respectively.
(f) Notification Requirements.--
(1) Adverse information notification.--The Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.) is amended--
(A) in section 612, by striking subsection (b) and
inserting the following:
``(b) Free Disclosure After Notice of Adverse Action or Offer of
Credit on Materially Less Favorable Terms.--
``(1) In general.--Not later than 14 days after the date on
which a consumer reporting agency receives a notification under
subsection (a)(2) or (h)(6) of section 615, or from a debt
collection agency affiliated with the consumer reporting
agency, the consumer reporting agency shall make, without
charge to the consumer, all disclosures required in accordance
with the rules prescribed by the Bureau under section 609(h).
``(2) Transition period.--After the effective date of the
provisions of the Stop Errors in Credit Use and Reporting Act
and before the Bureau has finalized the rule required under
section 609(h), a consumer reporting agency that is required to
make disclosures under this subsection shall provide to the
consumer a copy of the current credit report on the consumer
and any other disclosures required under this Act or the Stop
Errors in Credit Use and Reporting Act, without charge to the
consumer.''; and
(B) in section 615(a)--
(i) by redesignating paragraphs (2), (3)
and (4) as paragraphs (3), (4), and (5)
respectively;
(ii) by inserting after paragraph (1) the
following:
``(2) direct the consumer reporting agency that provided
the consumer report used in the decision to take the adverse
action to provide the consumer with the disclosures described
in section 612(b);''; and
(iii) in paragraph (5), as redesignated by
this paragraph--
(I) in the matter preceding
subparagraph (A), by striking ``of the
consumer's right'';
(II) by striking subparagraph (A)
and inserting the following:
``(A) that the consumer will receive a copy of the
consumer report on the consumer, free of charge, from
the consumer reporting agency that furnished the
consumer report; and''; and
(III) in subparagraph (B), by
inserting ``of the right of the
consumer'' before ``to dispute''.
(2) Notification in cases of less favorable terms.--Section
615(h) of the Fair Credit Reporting Act (15 U.S.C. 1681m(h)) is
amended--
(A) in paragraph (1), by striking ``paragraph (6)''
and inserting ``paragraph (7)'';
(B) in paragraph (2), by striking ``paragraph (6)''
and inserting ``paragraph (7)'';
(C) in subparagraph (5)(C), by striking ``may
obtain'' and inserting ``will receive''
(D) by redesignating paragraphs (6), (7), and (8)
as paragraphs (7), (8), and (9), respectively; and
(E) by inserting after paragraph (5) the following:
``(6) Reports provided to consumers.--A person who uses a
consumer report as described in paragraph (1) shall notify and
direct the consumer reporting agency that provided the consumer
report to provide the consumer with the disclosures described
in section 612(b).''.
(3) Notification of subsequent submissions of negative
information.--Section 623(a)(7)(A)(ii) of the Fair Credit
Reporting Act (15 U.S.C. 1681s-2(a)(7)(A)(ii)) by striking ``or
customer'' and inserting ``or'' before ``account''.
(4) Bureau rule defining certain disclosure requirements.--
Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g)
is amended by adding at the end the following:
``(h) Bureau Rule Defining Certain Disclosure Requirements.--
``(1) Proposed rule.--Not later than 1 year after the date
of enactment of the Stop Errors in Credit Use and Reporting
Act, the Bureau shall publish a proposed rule to implement the
disclosure requirements described in section 612(b).
``(2) Considerations.--In formulating the rule required
under paragraph (1), the Bureau shall consider--
``(A) what information would enable consumers to
determine the reasons for which a person took adverse
action or offered credit on materially less favorable
terms and to verify the accuracy of such information;
and
``(B) how to provide the information described in
subparagraph (A) while protecting consumer privacy,
including procedures to ensure that such information is
provided to the consumer at the appropriate address.''.
SEC. 4. REGULATORY REFORM.
Section 621 of the Federal Credit Reporting Act (15 U.S.C. 1681s)
is amended by adding at the end the following:
``(h) Consumer Reporting Agency Registry.--
``(1) Establishment of registry.--Not later than 180 days
after the date of enactment of the Stop Errors in Credit Use
and Reporting Act, the Bureau shall establish 3 publicly
available registries of consumer reporting agencies,
including--
``(A) a registry of nationwide consumer reporting
agencies as described in section 603(p);
``(B) a registry of nationwide specialty consumer
reporting agencies as defined in section 603(x); and
``(C) a registry of all other consumer reporting
agencies included under subsection 603(f) that are not
included under section 603(p) or 603(x).
``(2) Registration requirement.--All consumer reporting
agencies as defined in section 603(f) must register with one of
the registries established by the Bureau under this subsection
in a timeframe established by the Bureau.''.
SEC. 5. STUDY OF A PUBLIC CREDIT REPORTING SYSTEM.
(a) Study.--Not later than 6 months after the date of enactment of
this Act, the Comptroller General of the United States shall undertake
a study--
(1) of credit systems in the international credit system
with government-administered consumer credit reporting systems;
(2) of available information regarding the accuracy of
existing government-administered consumer credit reporting
systems;
(3) to evaluate the feasibility of a national, government-
administered consumer credit reporting system;
(4) of any consumer benefits that might reasonably be
expected to result from a government-administered consumer
credit report; and
(5) of any costs that might result from a government-
administered consumer credit reporting system in the United
States.
(b) Publication of Findings.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General of the United
States shall publish the findings under subsection (a).
SEC. 6. EFFECTIVE DATE.
Except as otherwise provided in this Act and the amendments made by
this Act, the provisions of this Act and the amendments made by this
Act shall take effect 6 months after the date of enactment of this Act. | Stop Errors in Credit Use and Reporting Act or the SECURE Act - Amends the Fair Credit Reporting Act, with respect to civil liability for either willful or negligent noncompliance by a consumer reporting agency with respect to consumer credit protection requirements, to authorize a court to award: (1) injunctive relief to require compliance with such Act, and (2) costs and reasonable attorney fees to the prevailing party in any successful action for injunctive relief. Requires a consumer reporting agency to include, in its mandatory notification to a furnisher of disputed information in a consumer's file, all documentation provided by the consumer. Requires the furnisher of disputed information, upon notification of a dispute, to review and consider all documentation provided by the consumer. Directs the Consumer Financial Protection Bureau (CFPB) to: (1) prepare, and deliver to appropriate parties, reports concerning disputed information received by consumer reporting agencies; and (2) prescribe rules for the gathering of information relating to such disputes. Directs the CFPB to establish mandatory procedures for a consumer reporting agency to follow to assure maximum possible accuracy of all consumer reports. Requires a consumer reporting agency to give a consumer a credit score free of charge if one is requested in connection with a free annual consumer report. Requires a consumer reporting agency to provide free disclosures, even without consumer request, to any consumer who has received either a notice of adverse action or an offer of credit on materially less favorable terms. (Present law requires such disclosure only if the consumer so requests). Directs the CFPB to establish three publicly available registries of consumer reporting agencies, including registries of: (1) nationwide consumer reporting agencies; and (2) nationwide specialty consumer reporting agencies. Directs the Comptroller General (GAO) to study: (1) credit systems in the international credit system with government-administered consumer credit reporting systems; and (2) the feasibility of a national, U.S. government-administered consumer credit reporting system. | [
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SECTION 1. NOTICE OF HIGH CONCENTRATION OF PENSION ASSETS IN EMPLOYER
SECURITIES.
(a) In General.--Section 105 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1025) in amended by adding at the end
of the following new subsection:
``(e) Notice of High Concentration of Plan Assets In Employer
Securities.--
``(1) In general.--In the case of an individual account
plan to which this subsection applies, if the percentage of
assets in the individual account that consists of employer
securities and employer real property exceeds 50 percent of the
total account, the plan administrator shall include with the
account statement a notice that the account may be overinvested
in employer securities and employer real property. Any
determination under this paragraph shall be made as of the most
recent valuation date under the plan.
``(2) Exclusion of assets held through pooled investment
vehicles.--Employer securities and employer real property held
through an investment option of the plan which is not designed
to invest primarily in employer securities or employer real
property shall not be taken under paragraph (1) is determining
the percentage of assets that consist of employer securities
and employer real property.
``(3) Application.--
``(A) In general.--This subsection shall apply to
any individual account plan which--
``(i) holds employer securities which are
readily tradable on an established securities
market, and
``(ii) permits a participant or beneficiary
to exercise control over assets in the
individual's account.
``(B) Exception for esops.--This subsection shall
not apply to an employee stock ownership plan (as
defined in section 4795(e)(7)) of the Internal Revenue
Code of 1986) if the plan has no contributions which
are subject to section 401 (k) or (m) of such Code.
``(4) Employer securities and real property.--For purposes
of this subsection, the terms `employer securities' and
`employer real property' have the meanings given such terms by
paragraphs (1) and (2) of section 407(d), respectively.''
(b) Penalty.--Section 502 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132) is amended--
(1) in subsection (a)(6), by striking ``(6), or (7)'' and
inserting ``(6), (7), or (8)'',
(2) by redesignating paragraph (8) of subsection (c) as
paragraph (9), and
(3) by inserting after paragraph (7) the following new
paragraph:
``(8) The Secretary may assess a civil penalty against a
plan administrator of up to $100 a day from the date of the
plan administrator's failure or refusal to provide notice to
participants and beneficiaries in accordance with section
105(e). For purposes of this paragraph, each violation with
respect to any single participant or beneficiary shall be
treated as a separate violation.''
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2002.
SEC. 2. TREATMENT OF QUALIFIED RETIREMENT PLANNING SERVICES.
(a) In General.--Subsection (m) of section 132 of the Internal
Revenue Code of 1986 (defining qualified retirement services) is
amended by redesignating paragraphs (2) and (3) as paragraphs (5) and
(6), respectively, and by inserting after paragraph (1) the following:
``(2) Limitations.--
``(A) Dollar limitation.--The aggregate amount
which may be excluded with respect to qualified
retirement planning services provided to any individual
during a taxable year shall not exceed $1,500.
``(B) Adjusted gross income.--No amount may be
excluded with respect to qualified retirement planning
services provided during a taxable year if the modified
adjusted gross income of the taxpayer for such taxable
year exceeds $100,000 ($200,000 in the case of married
individuals filing a joint return). For purposes of
this subparagraph, the term `modified adjusted gross
income' means adjusted gross income, determined without
regard to this section and sections 911, 931, and 933.
``(3) Cash reimbursements.--For purposes of this subsection
the term `qualified retirement planning services' includes a
cash reimbursement by an employer to an employee for a benefit
described in paragraph (1).
``(4) No constructive receipt.--No amount shall be included
in the gross income of any employee solely because the employee
may choose between any qualified retirement planning services
provided by a qualified investment advisor and compensation
which would otherwise be includible in the gross income of such
employee. The preceding sentence shall apply to highly
compensated employees only if the choice described in such
sentence is available on substantially the same terms to each
member of the group of employees normally provided education
and information regarding the employer's qualified employer
plan.''
(b) Conforming Amendments.--
(1) Section 403(b)(3)(B) of such Code is amended by
inserting ``132(m)(4),'' after ``132(f)(4),''.
(2) Section 414(s)(2) of such Code is amended by inserting
``132(m)(4),'' after ``132(f)(4),''.
(3) Section 415(c)(3)(D)(ii) of such Code is amended by
inserting ``132(m)(4),'' after ``132(f)(4),''.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2002. | Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for information and advice to assist pension plan participants in making decisions regarding the investment of their pension plan assets under defined contribution plans that are individual account plans (IAPs) (401(k) and similar plans) which hold regularly tradable employment securities and permit participants or beneficiaries to exercise control over assets in the account.Requires the plan administrator to include in the account statement a notice that the account may be overinvested in employer securities and real property, whenever assets consisting of employer securities and real property exceed 50 percent of total IAP assets. Excludes from such notice requirement: (1) assets held through pooled investment vehicles; and (2) employee stock ownership plans (ESOPs) that have no contributions subject to section 401 (k) or (m) of the Internal Revenue Code (IRC).Amends IRC to limit to$1,500 the aggregate amount which may be excluded from gross income with respect to qualified retirement planning services (QRPS) provided to any individual during a taxable year. Prohibits exclusion of any such amount if the modified adjusted gross income of the taxpayer exceeds $100,000 ($200,000 for married individuals filing a joint return). Provides that no amount (constructive receipt) shall be included in the gross income of any employee solely because the employee may choose between any QRPS provided by a qualified investment advisor, and compensation which would otherwise be includible in the employee's gross income. Applies such provision to highly compensated employees only if such choice is available on substantially the same terms to each member of the group of employees normally provided education and information regarding the employer's qualified employer plan. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Knife Owners' Protection Act of
2017''.
SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES.
(a) In General.--Notwithstanding any provision of any law or any
rule or regulation of the United States, or of a State or any political
subdivision of a State, any person who is not otherwise prohibited by
Federal law from possessing, transporting, shipping, or receiving a
knife or knives shall be entitled to transport a knife or knives from
any place where such person may lawfully possess, carry or transport
such a knife or knives to any other place where such person may
lawfully possess, carry or transport such a knife or knives if--
(1) in the case of transportation by motor vehicle, the
knife or knives are not directly accessible from the passenger
compartment of such transporting vehicle, or, in the case of a
motor vehicle without a compartment separate from the passenger
compartment, the knife or knives shall be contained in a locked
container, glove compartment, or console; or
(2) in the case of transportation by other means (including
any conveyance over land, on or through water, or through the
air), the knife or knives are contained in a locked container.
(b) Emergency Knives.--Any knife or tool designed for enabling
escape in an emergency incorporating a blunt tipped safety blade, a
guarded blade, or both, for cutting safety belts may be carried in the
passenger compartment and need not be secured in a locked container,
glove compartment, or console. This subsection shall not apply to the
transport of any such knife or tool in the passenger cabin of aircraft
whose passengers are subject to airport screening procedures of the
Transportation Security Administration.
(c) No Arrest or Detention.--A person who is transporting a knife
or knives in compliance with this section may not be arrested or
otherwise detained for violation of any law or any rule or regulation
of a State or any political subdivision of a State related to the
possession, transportation, or carrying of knives, unless there is
probable cause to believe that the person is not in compliance with at
least one of the requirements of subsection (a).
(d) Claim or Defense.--A person may assert this section as a claim
or defense in any action or proceeding, civil or criminal. When a
person asserts this section as a claim or defense in a criminal
proceeding, the State or political subdivision shall bear the burden of
proving, beyond a reasonable doubt, that the person was not in
compliance with subsection (a).
(e) Right of Action.--Any person who, under color of any statute,
ordinance, regulation, custom, or usage, of any State or political
subdivision of a State, subjects, or causes to be subjected, any person
to the deprivation of the rights, privileges, or immunities set forth
in this section, shall be liable to the person so deprived in an action
at law, suit in equity, or other proper proceeding for redress. When a
person asserts this section as a claim or defense, the court shall
award the prevailing party (including any party who receives a
favorable resolution through a decision by a court, settlement of a
claim, withdrawal of criminal charges, or change of a statute or
regulation), other than a State or any political subdivision of a State
or its employees or representatives, a reasonable attorneys' fee.
(f) Definition.--As used in this section, the term ``transport''
includes staying in temporary lodging overnight, common carrier
misrouting or delays, stops for food, fuel, vehicle maintenance,
emergencies, medical treatment, and all other activity related to the
person's overall journey. The term shall not include any transportation
of a knife or knives with the intent to commit any offense punishable
by imprisonment for a term exceeding one year involving the use or
threatened use of force against another, or with knowledge, or
reasonable cause to believe, that such an offense is to be committed in
the course of, or arising from, such journey. Within any form of
temporary lodging, a knife or knives may be accessible.
(g) Rule of Construction.--Nothing in this section shall be
construed in any way to limit any right to possess, carry, or transport
a knife or knives under applicable State law.
SEC. 3. REPEAL OF FEDERAL PROVISIONS RELATED TO SWITCHBLADE KNIVES.
(a) Repeals.--
(1) Chapter 29 of title 15, United States Code, is
repealed.
(2) Subsections (g) and (i) of section 1716, title 18,
United States Code, are repealed.
(b) Conforming Amendments.--
(1) The table of chapters at the beginning of title 15,
United States Code, is amended by striking the item relating to
chapter 29, and inserting in lieu thereof, ``[Chapter 29.
Repealed]''.
(2) Section 1716 of title 18, United States Code, is
amended by redesignating--
(A) subsection (h) as subsection (g);
(B) subsection (j) as subsection (h); and
(C) subsection (k) as subsection (i).
(c) Effective Date.--The repeals made by subsection (a)--
(1) shall take effect on the date of enactment of this Act;
and
(2) do not apply with respect to any indictment,
convictions, sentencing, appeals, civil or criminal fines or
penalties obtained, forfeitures obtained, terms of imprisonment
or any other enforcement actions or proceedings occurring or
commenced, on or before the date of enactment of this Act. | Knife Owners' Protection Act of 2017 This bill permits an individual to transport a knife between two places (i.e., states) where knife possession, carry, or transport is legal. A knife must be securely stored during transport, unless it is an emergency knife designed to cut seat belts. This bill prohibits the arrest or detention of an individual for a knife violation unless there is probable cause to believe the individual failed to securely store the knife during transport. An individual may assert compliance with this bill as a claim or defense in any civil or criminal proceeding. This bill repeals provisions, commonly known as the Federal Switchblade Act, that prohibit the introduction of switchblade knives into interstate commerce. It also repeals the Ballistic Knife Prohibition Act of 1986, which prohibits the possession, manufacture, sale, or importation of a ballistic knife. Finally, it amends the federal criminal code to eliminate two provisions—one that restricts the mailability of switchblade knives, and one that restricts the mailability of ballistic knives. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Idaho Land Enhancement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
executed in 2005, entitled ``Agreement to Initiate, Boise
Foothills--Northern Idaho Land Exchange'', and entered into
by--
(A) the Bureau of Land Management;
(B) the Forest Service;
(C) the State; and
(D) the City.
(2) Bureau of land management land.--The term ``Bureau of
Land Management land'' means the approximately 605 acres of
land administered by the Bureau of Land Management (including
all appurtenances to the land) that is proposed to be acquired
by the State, as depicted in exhibit A2 of the Agreement.
(3) Board.--The term ``Board'' means the Idaho State Board
of Land Commissioners.
(4) City.--The term ``city'' means the city of Boise,
Idaho.
(5) Federal land.--The term ``Federal land'' means the
Bureau of Land Management land and the National Forest System
land.
(6) National forest system land.--The term ``National
Forest System land'' means the approximately 7,220 acres of
land (including all appurtenances to the land) that is--
(A) administered by the Secretary of Agriculture in
the Idaho Panhandle National Forests and the Clearwater
National Forest;
(B) proposed to be acquired by the State; and
(C) depicted in exhibit A2 of the Agreement.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of Idaho,
Department of Lands.
(9) State land.--The term ``State land'' means the
approximately 11,085 acres of land (including all appurtenances
to the land) administered by the State that are proposed to be
acquired by the United States, as depicted in exhibit A1 of the
Agreement.
SEC. 3. LAND EXCHANGE.
(a) In General.--In accordance with the Agreement and this Act, if
the State offers to convey the State land to the United States, the
Secretary and the Secretary of Agriculture shall--
(1) accept the offer; and
(2) on receipt of title to the State land, simultaneously
convey to the State the Federal land.
(b) Additional Agreements.--The Secretary and the Secretary of
Agriculture may enter into any additional agreements that the Secretary
and the Secretary of Agriculture determine to be necessary or
appropriate to supplement the Agreement, including agreements that--
(1) provide legal descriptions of the Federal land and
State land (including any interests in the Federal land and
State land) to be exchanged under this Act;
(2) identify all reserved and outstanding interests in the
Federal land and State land;
(3) stipulate any cash equalization payments required; and
(4) specify any other terms and conditions that are
necessary to complete the land exchange.
(c) Valid Existing Rights.--The conveyance of the Federal land and
State land shall be subject to--
(1) all valid existing rights; and
(2) any other reservations, terms, and conditions agreed to
by the Secretary, the Secretary of Agriculture, and the Board.
(d) Equal Value Exchange.--
(1) In general.--The value of the Federal land and State
land to be exchanged under this Act--
(A) shall be equal; or
(B) shall be made equal in accordance with
subsection (e).
(2) Appraisals.--
(A) In general.--The value of the Federal land and
State land shall be determined in accordance with
appraisals conducted in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) any appraisal instructions of the
Secretary and the Secretary of Agriculture,
(B) Approval.--Any appraisal conducted under
subparagraph (A) shall be reviewed and approved by--
(i) the Secretary and the Secretary of
Agriculture; or
(ii) an interdepartmental appraisal review
team established jointly by the Secretary and
the Secretary of Agriculture.
(e) Cash Equalization.--
(1) In general.--If the value of the Federal land and State
land is not equal, the value may be equalized by the payment of
cash to the United States or to the State, as appropriate, in
accordance with section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)).
(2) Disposition and use of proceeds.--
(A) Disposition of proceeds.--Any cash equalization
payments received by the United States under paragraph
(1) shall be deposited in the fund established under
Public Law 90-171 (commonly known as the ``Sisk Act'')
(16 U.S.C. 484a).
(B) Use of proceeds.--Amounts deposited under
paragraph (2) shall be available to the Secretary of
Agriculture, without further appropriation and until
expended, for the acquisition of land and interests in
land for addition to the National Forest System in the
State.
(f) Rights-of-Way.--As specified in the Agreement--
(1) the Secretary of Agriculture, under the authority of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), shall convey to the State any easements or other
rights-of-way to National Forest System land that are
appropriate to provide access to the Federal land acquired by
the State under this Act; and
(2) the State shall convey to the United States any
easements or other rights-of-way to land owned by the State
that are agreed to by the Secretary of Agriculture and the
State.
(g) Costs.--The City, either directly or through a collection
agreement with the Secretary and the Secretary of Agriculture, shall
pay the administrative costs associated with the conveyance of the
Federal land and State land, including the costs of any field
inspections, environmental analyses, appraisals, title examinations,
and deed and patent preparations.
SEC. 4. MANAGEMENT OF FEDERAL LAND.
(a) Transfer of Administrative Jurisdiction.--
(1) In general.--There is transferred from the Secretary to
the Secretary of Agriculture administrative jurisdiction over
the land described in paragraph (2).
(2) Description of land.--The land referred to in paragraph
(1) is the approximately 2,111 acres of Bureau of Land
Management land located in Shoshone County, Idaho, as generally
depicted in exhibit A3 of the Agreement.
(3) Management.--
(A) In general.--On transfer of administrative
jurisdiction over the land to the Secretary of
Agriculture under paragraph (1), the land shall be
managed by the Secretary of Agriculture in accordance
with the laws (including regulations) applicable to the
National Forest System.
(B) Wilderness study areas.--Any land designated as
a Wilderness Study Area that is transferred to the
Secretary of Agriculture under paragraph (1) shall be
managed in a manner that preserves the suitability of
land for designation as wilderness until Congress
determines otherwise.
(b) Additions to the National Forest System.--The Secretary of
Agriculture shall administer any State land conveyed to the United
States under this Act for administration by the Secretary of
Agriculture in accordance with--
(1) the Act of March 1, 1911 (commonly known as the ``Weeks
Act'') (16 U.S.C. 480 et seq.); and
(2) any laws (including regulations) applicable to the
National Forest System.
(c) Land to Be Managed by the Secretary.--The Secretary shall
administer any State land conveyed to the United States under this Act
for administration by the Secretary as acquired land in accordance
with--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(2) other applicable laws.
(d) Land and Resource Management Plans.--
(1) In general.--Acquisition by the United States of the
State land under this Act shall not require a revision or
amendment to the applicable land and resource management plan
of the Forest Service or the Bureau of Land Management.
(2) Renewal.--When a land and resource management plan of
the Forest Service or the Bureau of Land Management, as
appropriate, is renewed, the plan shall take into account the
State land acquired under this Act.
(3) Management.--Pending completion of the land and
resource management plan renewal process under paragraph (2),
the Secretary and the Secretary of Agriculture shall manage the
acquired State land in accordance with the standards and
guidelines in the applicable land and resource management plans
for adjacent land managed by the Secretary and the Secretary of
Agriculture.
(e) National Forest Boundaries.--For purposes of section 7 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Idaho Panhandle National Forest and Clearwater
National Forest, as modified by the exchange authorized by this Act,
shall be considered to be the boundaries of the Idaho Panhandle
National Forest and Clearwater National Forest as of January 1, 1965.
SEC. 5. MISCELLANEOUS PROVISIONS.
(a) Legal Descriptions.--The Secretary, the Secretary of
Agriculture, and the Board may modify the descriptions of land
specified in the Agreement to--
(1) correct errors;
(2) make minor adjustments to the parcels based on a survey
or other means; or
(3) reconfigure the parcels to facilitate the land
exchange.
(b) Maps.--If there is a discrepancy between a map, acreage
estimate, and written legal description of the Federal land or State
land, the written legal description shall prevail.
(c) Revocation of Orders.--Subject to valid existing rights, any
public land orders withdrawing any of the Federal land from
appropriation or disposal under the public land laws are revoked to the
extent necessary to permit disposal of the Federal land.
(d) Withdrawals.--
(1) Federal land.--Subject to valid existing rights,
pending completion of the land exchange, the Federal land is
withdrawn from--
(A) all forms of location, entry, and patent under
the mining and public land laws; and
(B) disposition under the mineral leasing laws and
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.).
(2) State land.--Subject to valid existing rights, the land
transferred to the Secretary of Agriculture under section 4(a)
and, on acquisition by the United States, the State land, are
withdrawn from--
(A) all forms of location, entry, and patent under
the mining and public land laws; and
(B) disposition under the mineral leasing laws and
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.).
(3) Effect.--Nothing in this section precludes the
Secretary or the Secretary of Agriculture from using common
varieties of mineral materials for construction and maintenance
of Federal roads and facilities on the State land acquired
under this Act and any adjacent Federal land.
(e) Congressional Finding on Need for Additional Analysis.--
Congress finds that--
(1) the Forest Service and the Bureau of Land Management
have conducted adequate analyses and reviews of the
environmental impacts of the exchange authorized under section
3(a); and
(2) no further administrative or environmental analyses or
examination shall be required to carry out any activities
authorized under this Act. | Idaho Land Enhancement Act - Directs the Secretaries of Agriculture and the Interior, if the State of Idaho offers to convey specified State land to the United States, to accept the offer, and on receipt of title to such land, simultaneously convey to the State specified Bureau of Land Management (BLM) and National Forest System land (the Federal land).
Requires the value of the exchanged Federal and State lands to be: (1) equal; or (2) made equal by cash payment to the United States or the State.
Sets forth requirements for the disposition and use of proceeds from cash equalization payments received by the United States.
Requires the conveyance of certain easements or other rights-of-way.
Directs the city of Boise, Idaho, to pay the administrative costs associated with such land exchange.
Transfers administrative jurisdiction over specified BLM land in Shoshone County, Idaho, from the Secretary of the Interior to the Secretary of Agriculture.
Considers the boundaries of the Idaho Panhandle National Forest and Clearwater National Forest, as modified by the exchange authorized by this Act, to be the boundaries of such Forests as of January 1, 1965.
Revokes any public land orders withdrawing any of the Federal land from appropriation or disposal under the public land laws necessary to permit disposal of such land.
Withdraws the Federal and State land from: (1) location, entry, and patent under the mining and public land laws; and (2) disposition under the mineral leasing laws and the Geothermal Steam Act of 1970. | [
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SECTION 1. FINDINGS.
Congress finds that--
(1) the Cape Fox Corporation (referred to in this Act as
``Cape Fox'') is a Village Corporation for the Native Village
of Saxman, Alaska, organized pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.);
(2) similar to other Village Corporations in southeast
Alaska, under section 16 of that Act (43 U.S.C. 1615), Cape Fox
could select only 23,040 acres from land withdrawn for the
purpose of that selection;
(3) under section 22(l) of that Act (43 U.S.C. 1621(l))--
(A) the Village Corporations in southeast Alaska,
other than Cape Fox, were restricted with respect to
the selection of land within 2 miles of a home rule
city (as that term is used in that Act); and
(B) to protect the watersheds in the vicinity, Cape
Fox was restricted with respect to the selection of
land within 6 miles of the boundary of the home rule
city of Ketchikan, Alaska;
(4) the 6-mile restriction described in paragraph (3)(B)
precluded Cape Fox from selecting valuable timber land,
industrial sites, and other commercial property located--
(A) within the townships in which the Native
Village of Saxman is located, more particularly
described as T.75 S., T.76 S., R.91 E., Copper River
Meridian; and
(B) on surrounding land that is far removed from
Ketchikan, Alaska, and its watersheds;
(5) as a result of that 6-mile restriction, only the
remote, mountainous, northeast corner of the property described
in paragraph (4)(A), which is nonproductive and has no known
economic value, was available for selection by Cape Fox, as
required under section 16(b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1615(b));
(6) land selections by Cape Fox under that Act were further
limited by the fact that--
(A) the Annette Island Indian Reservation is
located within the applicable selection area; and
(B) land of that reservation is unavailable for
selection by Cape Fox;
(7) Cape Fox is the only Village Corporation affected by
the restrictions described in paragraphs (3)(B) and (6);
(8) the Secretary of the Interior (referred to in this Act
as the ``Secretary'') has advised Congress that the predicament
of Cape Fox is sufficiently unique to warrant the legislative
remedy provided by this Act; and
(9) the adjustment of the selections available and
conveyances of land to Cape Fox under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), and the related
adjustment of selections available and conveyances of land to
the Regional Corporation for Sealaska established pursuant to
that Act, are in accordance with--
(A) the purposes of that Act; and
(B) the public interest.
SEC. 2. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND.
Notwithstanding section 16(b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1615(b)), Cape Fox shall not be required to
select or receive conveyance of the approximately 160 acres of
unconveyed Federal land located within sec. 1, T.75 S., R.91 E., Copper
River Meridian.
SEC. 3. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY.
(a) Selection and Conveyance of Surface Estate.--Not later than 90
days after the date of enactment of this Act, in addition to land made
available for selection under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), Cape Fox may select, and, on receiving
written notice of the selection, the Secretary shall convey, the
approximately 99 acres of the surface estate of Tongass National Forest
land located outside the exterior selection boundary of Cape Fox (as in
existence on the day before the date of enactment of this Act) and more
particularly described as follows:
(1) T.73 S., R.90 E., Copper River Meridian.
(2) Of land located in sec. 33--
(A) the 38 acres located within the SW\1/4\SE\1/4\;
(B) the 13 acres located within the NW\1/4\SE\1/4\;
(C) the 40 acres located within the SE\1/4\SE\1/4\;
and
(D) the 8 acres located within the SE\1/4\SW\1/4\.
(b) Conveyance of Subsurface Estate.--On conveyance to Cape Fox of
the surface estate to the land identified in subsection (a), the
Secretary shall convey to Sealaska Corporation the subsurface estate to
the land.
(c) Timing.--The Secretary shall complete the conveyances to Cape
Fox and Sealaska Corporation under this section as soon as practicable
after the date on which the Secretary receives a notice of the
selection of Cape Fox under subsection (a).
(d) Entitlement Fulfilled.--
(1) Definition of approved conveyance.--The term ``approved
conveyance'' means the conveyance of the 40 acres described as
the SW\1/4\NE\1/4\ of sec. 10, T.74 S., R.90 E., Copper River
Meridian, selected and approved for conveyance by the decision
of the Bureau of Land Management dated May 3, 2000.
(2) Treatment as full entitlement.--The conveyance of land
to Cape Fox and Sealaska Corporation pursuant to subsection (a)
and the approved conveyance shall be considered to fulfill the
entitlement of--
(A) Cape Fox under section 16 of the Alaska Native
Claims Settlement Act (43 U.S.C. 1615); and
(B) Sealaska Corporation to any subsurface interest
in the land under section 14(f) of that Act (43 U.S.C.
1613(f)). | Declares that the Cape Fox Corporation (Cape Fox) of Saxman, Alaska, shall not be required to select or receive conveyance of specified unconveyed federal land.
Allows Cape Fox to select, and requires the Secretary of the Interior to convey, on receiving written notice of the selection, the approximately 99 acres of the surface estate of Tongass National Forest land located outside the exterior selection boundary of Cape Fox.
Requires the Secretary, on conveyance to Cape Fox of the surface estate to such land, to convey its subsurface estate to Sealaska Corporation. | [
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] |
TITLE I--MOTOR VEHICLE SAFETY
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 30104 of title 49, United States Code, is amended to read
as follows:
``Sec. 30104. Authorization of Appropriations
``There is authorized to be appropriated to the Secretary of
Transportation $125,221,000 for the National Highway Traffic Safety
Administration to carry out this part for fiscal year 2005, and such
sums as may be necessary for fiscal years 2006 and 2007.''.
SEC. 102. INTERNATIONAL COOPERATION.
(a) In General.--Subchapter I of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30106. International Cooperation
``The Secretary of Transportation may participate and cooperate in
international activities to enhance motor vehicle and traffic safety
through such means as exchanging information, conducting safety
research, examining safety needs, best practices, new technology, and
improvements in motor vehicle safety standards, and participating in
the implementation of existing international agreements concerning
motor vehicle safety to which the United States is a contracting
partner.''.
(b) Clerical Amendment.--The table of sections for subchapter I of
chapter 301 of title 49, United States Code is amended by adding at the
end the following new item:
``30106. International cooperation.''.
SEC. 103. CERTIFICATION LABELS.
Section 30115(a) of title 49, United States Code, is amended by
inserting at the end the following: ``A person shall not affix a
certification label to a motor vehicle or item of motor vehicle
equipment unless the person has either performed tests or otherwise
documented the basis for certifying compliance with all applicable
safety standards prescribed under this chapter, except that, in
affixing the certification label or tag, a manufacturer that completes
a vehicle after receiving compliance documentation from the
manufacturer of the earlier stage of the vehicle may rely on such
documentation in accordance with the regulations issued by the
Secretary.''.
SEC. 104. NOTIFICATION OF NONCOMPLIANCE.
Section 30118 of title 49, United States Code is amended in
subsections (a), (b), and (c) by striking ``motor vehicle or
replacement equipment'' each place it appears and inserting ``motor
vehicle, original equipment, or replacement equipment''.
SEC. 105. NOTIFICATION OF AND REMEDIES FOR NONCOMPLIANCE.
Section 30120 of title 49, United States Code, is amended by adding
at the end the following:
``(k) Limitation on Sale or Lease of Used Motor Vehicles.--
``(1) A dealer may not sell a used motor vehicle for
purposes other than resale or lease a used motor vehicle until
the dealer informs the purchaser or lessee of any notification
of a defect or noncompliance pursuant to section 30118(b) or
(c) of this title with respect to a vehicle that has not been
remedied, and either--
``(A) offers to have the defects or noncompliances
remedied; or
``(B) gives the purchaser or lessee a written
description of the defects or noncompliances, including
all relevant information from any notification pursuant
to section 30118(b) or (c) of this title, and
reviews a written acknowledgment of the offer or description
from the purchaser or lessee.
``(2) The requirements of paragraph (1) of this subsection
shall apply after a period of time following issuance of
notifications that the Secretary shall specify. The Secretary
may extend this period with respect to particular
notifications.
``(3) In this subsection, notwithstanding section
30102(a)(1) of this title--
``(A) `dealer' means a person who sold at least 10
motor vehicles during the prior 12 months to purchasers
that in good faith purchased the vehicles other than
for resale; and
``(B) `used motor vehicle' means a motor vehicle
that has previously been purchased other than for
resale.
``(4) Subject to regulations issued by the Secretary, a
manufacturer of a motor vehicle shall establish and maintain an
Internet-accessible record system that dealers of used motor
vehicles and members of the public may access, without charge,
to determine whether a particular vehicle manufactured by the
manufacturer has been subject to any notification of a defect
or noncompliance pursuant to section 30118(b) or (c) of this
title that has not been remedied. If the Secretary determines
that establishing and maintaining such an Internet-accessible
record system is not practicable for certain classes of
manufacturers, the Secretary may exempt such manufacturers from
the requirements of this paragraph.
``(l) Limitation on Operation by Owners and Lessors of School Buses
and Vehicles Used to Transport Passengers for Compensation.--
``(1) Subject to paragraphs (2) and (3), a person who owns
or leases a school bus or a motor vehicle used to transport
passengers for compensation and who receives a notice of a
defect or noncompliance pursuant to section 30118(b) or (c) of
this title may not operate the vehicle to which the notice
applies as a school bus or for compensation until the defect or
noncompliance is remedied as required by this section.
``(2) The requirements of paragraph (1) shall apply after a
period of time following issuance of such notifications that
the Secretary shall specify. The Secretary may extend this
period with respect to particular notifications.
``(3) This subsection shall not apply to taxicabs, or to
motor vehicles owned or operated by State or local
governments.''.
SEC. 106. NONUSE OF SAFETY BELT INTERLOCKS.
(a) In General.--Section 30124 of title 49 United States Code, is
amended to read as follows:
``Sec. 30124. Nonuse of safety belt interlocks
``A motor vehicle safety standard prescribed under this chapter may
not require or allow a manufacturer to comply with the standard by
using a safety belt interlock designed to prevent starting or operating
a motor vehicle if an occupant is not using a safety belt.''.
(b) Clerical Amendment.--The table of sections for subchapter II of
chapter 301 of title 49, United States Code is amended by amending the
item related to section 30124 to read as follows:
``30124. Nonuse of safety belt interlocks.''.
SEC. 107. RESEARCH, TESTING, DEVELOPMENT, AND TRAINING.
Section 30168 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Safety Initiative for Alternate Fuel Vehicles.--In addition
to the authority provided under this section, the Secretary is
authorized to expend $5,000,000 per year to conduct a safety research
initiative for alternate fuel vehicles that includes risk assessment
studies of hydrogen-fueled and other alternative-fuel vehicles, the
development of test and evaluation procedures and performance criteria
to assess the likelihood of potential failures that could indicate
unsafe conditions, and the development of suitable countermeasures. In
particular, such research initiative shall investigate the safety of
the power train, the vehicle fuel container and delivery system, the
onboard refueling system, and the full vehicle system performance of
alternate fuel vehicles.
``(g) Safety Initiative for Driver Assistance Technologies.--In
addition to the authority provided under this section, the Secretary is
authorized to expend $10,000,000 per year to conduct research into
vehicle-based driver assistance technologies, and to develop
appropriate performance standards and consumer education programs, to
ensure that appropriate safety benefits are derived from these
technologies. Such research shall include evaluations of crash
avoidance technologies, such as electronic stability control,
telematics, radar braking and other similar vehicle advances.''.
TITLE II--MOTOR VEHICLE INFORMATION AND COST SAVINGS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Section 32102 of title 49, United States Code, is amended to read
as follows:
``Sec. 32102. Authorization of appropriations
``There is authorized to be appropriated to the Secretary of
Transportation $14,080,000 for the National Highway Traffic Safety
Administration to carry out this part in fiscal year 2005, and such
sums as may be necessary in fiscal years 2006 and 2007.''.
SEC. 202. PENALTIES AND ENFORCEMENT.
Section 32709(a)(1) of title 49, United States Code, is amended--
(1) by striking ``$2,000'' and inserting ``$5,000''; and
(2) by striking ``$100,000'' and inserting ``$1,000,000''.
SEC. 203. CIVIL ACTIONS BY PRIVATE PERSON.
Section 32710(a) of title 49, United States Code, is amended by
striking ``$1,500'' and inserting ``$10,000''.
SEC. 204. DEFINITIONS.
(a) Crash Avoidance.--Section 32301 of title 49, United States
Code, is amended by adding at the end the following:
``(3) `crash avoidance' means preventing a motor vehicle
accident.''.
(b) Passenger Motor Vehicle Information.--Section 32302 of title
49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``and crash
avoidance'' after ``crashworthiness''; and
(B) by striking paragraph (4); and
(2) by striking subsection (c).
SEC. 205. REPEALS.
(a) In General.--Sections 32303 and 33112 of title 49, United
States Code, are repealed.
(b) Clerical Amendments.--
(1) The table of sections for chapter 323 of title 49,
United States Code is amended by striking the item related to
section 32303.
(2) The table of sections for chapter 331 of title 49,
United States Code is amended by striking the item related to
section 33112. | Amends Federal transportation law to authorize appropriations for the National Highway Traffic Safety Administration (NHTSA).
Authorizes the Secretary of Transportation to participate and cooperate through various means in international activities to enhance motor vehicle and traffic safety.
Prohibits a person from affixing a certification label to a motor vehicle or motor vehicle equipment item unless the person has either performed tests or documented the basis for certifying compliance with applicable safety standards.
Applies certain defect and motor vehicle safety noncompliance notification requirements to original motor vehicle equipment.
Prohibits a dealer from selling a used motor vehicle for other than resale or leasing a used motor vehicle until the dealer informs the purchaser or lessee of any notification of a vehicle defect or noncompliance that has not been remedied and certain other requirements are met.
Requires a motor vehicle manufacturer to establish an Internet-accessible record system that used motor vehicle dealers and the public may access, without charge, to determine whether a manufacturer's vehicle has been subject to any notification of a defect or noncompliance that has not been remedied.
Requires a person who owns or leases a school bus or motor vehicle used to transport passengers for compensation, and who receives notice of a defect or noncompliance, from operating the vehicle until the defect or noncompliance is remedied.
Prohibits a Federal motor vehicle standard from requiring or allowing a manufacturer to comply with it by using a safety belt interlock designed to prevent starting or operating a motor vehicle if the occupant is not using a safety belt.
Authorizes the Secretary to expend a specified amount per year to conduct a safety research initiative for alternative fuel vehicles and research into vehicle-based driver assistance technologies.
Authorizes appropriations for the NHTSA to carry out certain motor vehicle information and cost savings requirements.
Increases civil penalties for persons who violate the prohibition against tampering with motor vehicle odometers. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Global Health
Technology Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Applied research and development is a critical
component of United States leadership in global health.
Research and innovation can help to break the cycle of aid
dependency by providing sustainable solutions to long-term
problems. Research and development for global health is crucial
for meeting new and emerging challenges, creating efficiencies,
strengthening health systems, shifting tasks and strengthening
workforces, and increasing access to health services for the
most vulnerable. Research suggests that advances in health and
medical technologies have been the major drivers behind massive
improvements in health worldwide over the past century,
resulting in an average increase in life expectancies of 21
years in low- and middle-income countries between 1960 and
2002.
(2) Because of its presence in the field, the United States
Agency for International Development (USAID) is uniquely placed
to assess local health conditions, then partner with public and
private stakeholders to ensure the development and timely
introduction and scale-up of tools that are culturally
acceptable, address serious and all-too-common health problems,
and contribute to the strengthening of health systems. In a
recent report to Congress, USAID calls health research
``integral'' to its ``ability to achieve its health and
development objectives worldwide'' and states that innovation
through research allows the agency ``to develop and introduce
affordable health products and practices and contribute to
policies appropriate for addressing health-related concerns in
the developing world''. In 2006, USAID outlined a five-year
health research strategy: ``Report to Congress: Health-Related
Research and Development Activities at USAID (HRRD), May
2006'', with a timeline through 2010.
(3) Congress notes the interrelated initiatives that USAID
has taken to advance science, technology, and innovation for
development, including the Grand Development Challenges, the
Innovation Fund, Development Innovation Ventures, the
Development Lab, and the Innovation Fellowship.
(4) Applied research and development at USAID--
(A) facilitates public-private collaboration in the
development of global health technologies;
(B) leverages public and private sector support for
early stage research and development of health
technologies to encourage private sector investment in
late-stage technology development and product
introduction in developing countries;
(C) benefits the United States economy by investing
in the growing United States global health technology
sector, which--
(i) provides skilled jobs for American
workers;
(ii) creates opportunities for United
States businesses in the development and
production of new technologies; and
(iii) enhances United States
competitiveness in the increasingly
technological and knowledge-based global
economy; and
(D) enhances United States national security by--
(i) reducing the risk of pandemic disease;
and
(ii) contributing to economic development
and stability in developing countries.
(5) Investments by the United States in affordable,
appropriate health technologies, such as medical devices for
maternal, newborn, and child care; new vaccines; new vaccine
technologies and delivery tools; safe injection devices;
diagnostic tests for infectious diseases; new tools for water,
sanitation, and nutrition; multipurpose prevention
technologies; information systems and mobile health and
information systems; and innovative disease prevention
strategies--
(A) reduce the risk of disease transmission;
(B) accelerate access to life-saving global health
interventions for the world's poor;
(C) reduce the burden on local health systems; and
(D) have been found by the United States Government
and the World Health Organization to result in
significant cost savings for development assistance
funds.
(6) Product development partnerships (PDPs) are one model
that is successfully accelerating research to benefit the
developing world. PDPs are non-profit, nongovernmental entities
that work to accelerate the development of new tools to fight
diseases in resource-poor settings. Typically, PDPs manage
resources and partnerships from across public, private, and
philanthropic sectors to drive the development of a full
pipeline of potential new products that could save and improve
lives in the developing world. USAID has played a significant
role in advancing the PDP model through its financial support.
Over the past decade, the achievements of PDPs have become
increasingly successful at advancing new products through the
development pipeline towards registration, product
introduction, and use.
(7) Through a cooperative agreement, known as the Health
Technologies program, USAID supports the development of
technologies that--
(A) maximize the limited resources available for
global health; and
(B) ensure that products and medicines developed
for use in low-resource settings reach the people that
need such products and medicines.
Through the Health Technologies program, 85 technologies have
been invented, designed, developed, or co-developed, with many
of these technologies moved to global use and billions of units
used worldwide. Over its 25-year history, more than 95 private-
sector collaborators have been involved in the Health
Technologies program, matching USAID dollars two to one.
(8) USAID's translational research is complementary to the
work of other agencies:
(A) The Quadrennial Development and Diplomacy
Review (QDDR) proposes to transition leadership of the
Global Health Initiative (GHI) to USAID with a target
date of the end of 2012. A core principle of the GHI is
``Research and innovation''.
(B) The Presidential Policy Directive on Global
Development identifies innovation as contributing to
the resolution of ``long-standing development
challenges''.
(C) The QDDR affirms that ``US leadership in
science and innovation is often linked to our ability
to contribute to a safer, healthier, and more stable
world.''.
SEC. 3. PURPOSES.
The purpose of this Act is to codify the cooperative agreement,
known as the Health Technologies program, in effect as of the date of
the enactment of this Act, under which the United States Agency for
International Development supports the development of technologies for
global health to--
(1) improve global health;
(2) reduce maternal, newborn, and child mortality rates;
(3) reverse the incidence of HIV/AIDS, malaria,
tuberculosis, and other infectious diseases;
(4) reduce the burden of chronic diseases; and
(5) support research and development that is consistent
with a global development strategy and other related strategies
developed by USAID.
SEC. 4. CODIFICATION OF HEALTH TECHNOLOGIES PROGRAM.
Section 107 the Foreign Assistance Act of 1961 (22 U.S.C. 2151e) is
amended by adding at the end the following:
``(c) Health Technologies Program.--(1) There is established in the
United States Agency for International Development (USAID) a health
technologies program (referred to in this subsection as the `program').
``(2) The program shall develop, advance, and introduce affordable,
available, and appropriate and primarily late-stage technologies
specifically designed to--
``(A) improve the health and nutrition of populations in
developing countries;
``(B) reduce maternal, newborn, and child mortality in such
countries; and
``(C) improve the diagnosis, prevention, and reduction of
disease, especially HIV/AIDS, malaria, tuberculosis, and other
infectious diseases, in such countries.
``(3) The program shall be carried out under a cooperative
agreement between USAID and one or more institutions with a successful
record of--
``(A) advancing the technologies described in paragraph
(2); and
``(B) integrating practical field experience into the
research and development process in order to introduce the most
appropriate technologies.
``(4) The provisions of this subsection codify the cooperative
agreement, known as the Health Technologies program, in effect as of
the date of the enactment of this subsection, under which USAID
supports the development of technologies for global health. The
provisions of this subsection do not establish a new cooperative
agreement or program for such purposes.''.
SEC. 5. REPORT ON RESEARCH AND DEVELOPMENT ACTIVITIES AT USAID.
(a) In General.--The Administrator of the United States Agency for
International Development (referred to in this subsection as ``USAID'')
shall submit to Congress an annual report on research and development
activities at USAID.
(b) Matters To Be Included.--The report required by subsection (b)
shall describe--
(1) updates on its strategy for using research funds to
stimulate the development and introduction of key products;
(2) USAID's collaborations and coordination with other
Federal departments and agencies in support of translational
and applied global health research and development;
(3) its investments for the fiscal year in science,
technology, and innovation;
(4) how these technologies and research products complement
the work being done by other Federal departments and agencies,
if applicable; and
(5) technologies and research products that have been
introduced into field trials or use. | 21st Century Global Health Technology Act - Amends the Foreign Assistance Act of 1961 to establish in the United States Agency for International Development (USAID) the Health Technology Program which shall: (1) develop and introduce technologies designed to improve health and nutrition in developing countries, reduce maternal, newborn, and child mortality, and improve disease diagnosis and prevention, especially HIV/AIDS, malaria, tuberculosis, and other infectious diseases; and (2) be carried out under a cooperative agreement between USAID and one or more institutions with a successful record of advancing such technologies and integrating practical field experience into the research and development process.
Codifies the Program. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthen And Fortify Existing
Bridges Act of 2013'' or the ``SAFE Bridges Act of 2013''.
SEC. 2. ASSISTANCE TO STATES TO REHABILITATE OR REPLACE CERTAIN
BRIDGES.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a program to assist States to rehabilitate or replace eligible bridges.
(b) Apportionment of Funds.--
(1) In general.--Amounts made available to carry out the
program established under subsection (a) for a fiscal year
shall be apportioned to each State according to the ratio
that--
(A) the total cost to rehabilitate or replace
structurally deficient and functionally obsolete
bridges in that State; bears to
(B) the total cost to rehabilitate or replace
structurally deficient and functionally obsolete
bridges in all States.
(2) Calculation of total cost.--
(A) Categories of bridges.--The Secretary shall
place each structurally deficient or functionally
obsolete bridge into one of the following categories:
(i) Federal-aid highway bridges eligible
for rehabilitation.
(ii) Federal-aid highway bridges eligible
for replacement.
(iii) Bridges not on Federal-aid highways
eligible for rehabilitation.
(iv) Bridges not on Federal-aid highways
eligible for replacement.
(B) Calculation.--For purposes of the calculation
required under paragraph (1), the Secretary shall
multiply the deck area of structurally deficient and
functionally obsolete bridges in each category
described in subparagraph (A) by the respective unit
price on a State-by-State basis, as determined by the
Secretary, to determine the total cost to rehabilitate
or replace bridges in each State.
(C) Data used in making determinations.--The
Secretary shall make determinations under this
subsection based on the latest available data, which
shall be updated not less than annually.
(D) Use of existing inventories.--To the extent
practicable, the Secretary shall make determinations
under this subsection using inventories prepared under
section 144 of title 23, United States Code.
(c) Use of Funds.--Funds apportioned to a State under the program
established under subsection (a) shall--
(1) be used by that State for the rehabilitation and
replacement of eligible bridges;
(2) except as otherwise specified in this section, be
administered as if apportioned under chapter 1 of title 23,
United States Code, except that such funds shall not be
transferable;
(3) be subject to the requirements described in section
1101(b) of MAP-21 in the same manner as amounts made available
for programs under divisions A and B of that Act; and
(4) not be subject to any limitation on obligations for
Federal-aid highways or highway safety construction programs
set forth in any Act.
(d) Condition at Project Completion.--A bridge that is
rehabilitated or replaced under the program established under
subsection (a) may not be structurally deficient, functionally
obsolete, or fracture critical upon the completion of such
rehabilitation or replacement.
(e) Federal Share.--The Federal share of the cost of a project
carried out with funds apportioned to a State under the program
established under subsection (a) shall be 100 percent.
(f) Reapportionment of Unobligated Funds.--Any funds apportioned to
a State under the program established under subsection (a) and not
obligated by that State at the end of the third fiscal year beginning
after the fiscal year during which the funds were apportioned shall be
withdrawn from that State and reapportioned by the Secretary to States
that have not had funds withdrawn under this subsection in accordance
with the formula specified in subsection (b).
(g) Nonsubstitution.--In carrying out the program established under
subsection (a), the Secretary shall ensure that funding made available
to a State under the program supplements, and does not supplant--
(1) other Federal funding made available for the
rehabilitation or replacement of eligible bridges; and
(2) the planned obligations of that State with respect to
eligible bridges.
(h) Report.--Not later than 1 year after the date of enactment of
this Act, and each year thereafter if States obligated funds
apportioned under the program established under subsection (a) during
that year, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
that describes the amounts obligated by each State for projects under
such program.
(i) Definitions.--In this section, the following definitions apply:
(1) Bridge.--The term ``bridge'' means a bridge on a public
road, without regard to whether the bridge is on a Federal-aid
highway.
(2) Eligible bridge.--The term ``eligible bridge'' means a
bridge that is structurally deficient, functionally obsolete,
or fracture critical.
(3) Federal-aid highway.--The term ``Federal-aid highway''
has the meaning given that term in section 101(a) of title 23,
United States Code.
(4) Fracture critical.--The term ``fracture critical''
means, with respect to a bridge, a bridge with a steel member
in tension, or with a tension element, the failure of which
would likely cause a portion of the bridge or the entire bridge
to collapse.
(5) Functionally obsolete.--The term ``functionally
obsolete'' means, with respect to a bridge, a bridge that, as
determined by the Secretary, no longer meets current design
standards for the traffic demands on the bridge.
(6) Public road.--The term ``public road'' has the meaning
given that term in section 101(a) of title 23, United States
Code.
(7) Rehabilitation.--The term ``rehabilitation'' means,
with respect to a bridge, the carrying out of major work
necessary, as determined by the Secretary--
(A) to restore the structural integrity of the
bridge; or
(B) to correct a major safety defect of the bridge.
(8) Replacement.--The term ``replacement'' means, with
respect to a bridge, the construction of a new facility that,
as determined by the Secretary, is in the same general traffic
corridor as the replaced bridge.
(9) State.--The term ``State'' means any of the 50 States
and the District of Columbia.
(10) Structurally deficient.--The term ``structurally
deficient'' means, with respect to a bridge, a bridge that, as
determined by the Secretary--
(A) has significant load-carrying elements that are
in poor or worse condition due to deterioration,
damage, or both;
(B) has a load capacity that is significantly below
current truckloads and that requires replacement; or
(C) has a waterway opening causing frequent
flooding of the bridge deck and approaches resulting in
significant traffic interruptions.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,750,000,000
for each of fiscal years 2013 and 2014. Such sums shall remain
available until expended. | Strengthen And Fortify Existing Bridges Act of 2013 or SAFE Bridges Act of 2013 - Directs the Secretary of Transportation (DOT) to establish a program to assist states to rehabilitate or replace bridges found to be structurally deficient, functionally obsolete, or fracture critical. Requires states to use apportioned program funds for projects to rehabilitate and replace such bridges. Sets the federal share of project costs at 100%. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Faith-Based Drug Treatment
Enhancement Act''.
SEC. 2. PREVENTION AND TREATMENT OF SUBSTANCE ABUSE; SERVICES PROVIDED
THROUGH RELIGIOUS ORGANIZATIONS.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended by adding at the end the following:
``Part G--Services Provided Through Religious Organizations
``SEC. 581. APPLICABILITY TO DESIGNATED PROGRAMS.
``(a) Designated Programs.--Subject to subsection (b), this part
applies to each program under this Act that makes awards of Federal
financial assistance to public or private entities for the purpose of
carrying out activities to prevent or treat substance abuse (in this
part referred to as a `designated program'). Designated programs
include the program under subpart II of part B of title XIX (relating
to formula grants to the States).
``(b) Limitation.--This part does not apply to any award of Federal
financial assistance under a designated program for a purpose other
than the purpose specified in subsection (a).
``(c) Definitions.--For purposes of this part (and subject to
subsection (b)):
``(1) Designated award recipient.--The term `designated
award recipient' means a public or private entity that has
received an award under a designated program (whether the award
is a designated direct award or a designated subaward).
``(2) Designated direct award.--The term `designated direct
award' means an award under a designated program that is
received directly from the Federal Government.
``(3) Designated subaward.--The term `designated subaward'
means an award of financial assistance made by a non-Federal
entity, which award consists in whole or in part of Federal
financial assistance provided through an award under a
designated program.
``(4) Designated program.--The term `designated program'
has the meaning given such term in subsection (a).
``(5) Financial assistance.--The term `financial
assistance' means a grant, cooperative agreement, contract, or
voucherized assistance.
``(6) Program beneficiary.--The term `program beneficiary'
means an individual who receives program services.
``(7) Program participant.--The term `program participant'
has the meaning given such term in section 582(a)(2).
``(8) Program services.--The term `program services' means
treatment for substance abuse, or preventive services regarding
such abuse, provided pursuant to an award under a designated
program.
``(9) Religious organization.--The term `religious
organization' means a nonprofit religious organization.
``(10) Voucherized assistance.--The term `voucherized
assistance' means--
``(A) a system of selecting and reimbursing program
services in which--
``(i) the beneficiary is given a document
or other authorization that may be used to pay
for program services;
``(ii) the beneficiary chooses the
organization that will provide services to him
or her according to rules specified by the
designated award recipient; and
``(iii) the organization selected by the
beneficiary is reimbursed by the designated
award recipient for program services provided;
or
``(B) any other mode of financial assistance to pay
for program services in which the program beneficiary
determines the allocation of program funds through his
or her selection of one service provider from among
alternatives.
``SEC. 582. RELIGIOUS ORGANIZATIONS AS PROGRAM PARTICIPANTS.
``(a) In General.--
``(1) Scope of authority.--Notwithstanding any other
provision of law, a religious organization--
``(A) may be a designated award recipient;
``(B) may make designated subawards to other public
or nonprofit private entities (including other
religious organizations);
``(C) may provide for the provision of program
services to program beneficiaries through the use of
voucherized assistance; and
``(D) may be a provider of services under a
designated program, including a provider that accepts
voucherized assistance.
``(2) Definition of program participant.--For purposes of
this part, the term `program participant' means a public or
private entity that has received a designated direct award, or
a designated subaward, regardless of whether the entity
provides program services. Such term includes an entity whose
only participation in a designated program is to provide
program services pursuant to the acceptance of voucherized assistance.
``(b) Religious Organizations.--The purpose of this section is to
allow religious organizations to be program participants on the same
basis as any other nonprofit private provider without impairing the
religious character of such organizations, and without diminishing the
religious freedom of program beneficiaries.
``(c) Nondiscrimination Against Religious Organizations.--
``(1) Findings.--The Congress finds that the establishment
clause of the first amendment to the Constitution of the United
States does not require that--
``(A) social-welfare programs discriminate against
faith-based providers of services; or
``(B) faith-based providers of services, as a
prerequisite to participation in Federal programs,
abandon their religious character and censor their
religious expression.
``(2) Nondiscrimination.--Religious organizations are
eligible to be program participants on the same basis as any
other nonprofit private organization. Neither the Federal
Government nor a State receiving funds under such programs
shall discriminate against an organization that is or applies
to be a program participant on the basis that the organization
has a religious character.
``(d) Religious Character and Freedom.--
``(1) Religious organizations.--Except as provided in this
section, any religious organization that is a program
participant shall retain its independence from Federal, State,
and local government, including such organization's control
over the definition, development, practice, and expression of
its religious beliefs.
``(2) Additional safeguards.--Neither the Federal
Government nor a State shall require a religious organization
to--
``(A) alter its form of internal governance; or
``(B) remove religious art, icons, scripture, or
other symbols;
in order to be a program participant.
``(e) Nondiscrimination in Employment.--
``(1) In general.--Except as provided in paragraph (2),
nothing in this section shall be construed to modify or affect
the provisions of any other Federal or State law or regulation
that relates to discrimination in employment on the basis of
religion.
``(2) Exception.--A religious organization that is a
program participant may require that an employee rendering
program services adhere to--
``(A) the religious beliefs and practices of such
organization; and
``(B) any rules of the organization regarding the
use of drugs or alcohol.
``(f) Rights of Program Beneficiaries.--
``(1) Objections regarding religious organizations.--With
respect to an individual who is a program beneficiary or a
prospective program beneficiary, if the individual objects to a
program participant on the basis that the participant is a
religious organization, the following applies:
``(A) If the organization received a designated
direct award, the organization shall arrange for the
individual to receive program services through an
alternative entity.
``(B) If the organization received a designated
subaward, the non-Federal entity that made the subaward
shall arrange for the individual to receive the program
services through an alternative program participant.
``(C) If the organization is providing services
pursuant to voucherized assistance, the designated
award recipient that operates the voucherized
assistance program shall arrange for the individual to
receive the program services through an alternative
provider.
``(D) Arrangements under any of subparagraphs (A)
through (C) with an alternative entity shall provide
for program services the monetary value of which is not
less than the monetary value of the program services
that the individual would have received from the
religious organization involved.
``(2) Nondiscrimination.--
``(A) In general.--Except as provided in
subparagraph (B) or as otherwise provided in law, a
religious organization that is a program participant
shall not in providing program services discriminate
against a program beneficiary on the basis of religion
or religious belief.
``(B) Limitation.--A religious organization that is
a program participant may require a program beneficiary
who has elected in accordance with paragraph (1) to
receive program services from such organization--
``(i) to actively participate in religious
practice, worship, and instruction; and
``(ii) to follow rules of behavior devised
by the organizations that are religious in
content or origin.
``(g) Fiscal Accountability.--
``(1) In general.--Except as provided in paragraph (2), any
religious organization that is a program participant shall be
subject to the same regulations as other recipients of awards
of Federal financial assistance to account, in accordance with
generally accepted auditing principles, for the use of the
funds provided under such awards.
``(2) Limited audit.--With respect to the award involved,
if a religious organization that is a program participant
maintains the Federal funds in a separate account from non-
Federal funds, then only the Federal funds shall be subject to
audit.
``(h) Compliance.--With respect to compliance with this section by
an agency, a religious organization may obtain judicial review of
agency action in accordance with chapter 7 of title 5, United States
Code.
``SEC. 583. LIMITATIONS ON USE OF FUNDS FOR CERTAIN PURPOSES.
``(a) In General.--Except as provided in subsection (b), no funds
provided directly to an entity under a designated program shall be
expended for sectarian worship or instruction.
``(b) Exception.--Subsection (a) shall not apply to assistance
provided to or on behalf of a program beneficiary if the beneficiary
may choose where such assistance is redeemed or allocated.
``SEC. 584. ADMINISTRATION OF PROGRAM AND TREATMENT OF FUNDS.
``(a) Funds Not Aid to Institutions.--Financial assistance under a
designated program provided to or on behalf of program beneficiaries is
aid to the beneficiary, not to the organization providing program
services. The receipt by a program beneficiary of program services at
the facilities of the organization shall not constitute Federal
financial assistance to the organization involved.
``(b) Prohibition on State Discrimination in Use of Funds.--No
provision in any State constitution or State law shall be construed to
prohibit the expenditure of Federal funds under a designated program in
a religious facility or by a religious organization that is a program
participant. If a State law or constitution would prevent the
expenditure of State or local public funds in such a facility or by
such an organization, then the State or local government shall
segregate the Federal funds from State or other public funds for
purposes of carrying out the designated program.
``SEC. 585. EDUCATIONAL REQUIREMENTS FOR PERSONNEL IN DRUG TREATMENT
PROGRAMS.
``(a) Findings.--The Congress finds that--
``(1) establishing formal educational qualification for
counselors and other personnel in drug treatment programs may
undermine the effectiveness of such programs; and
``(2) such formal educational requirements for counselors
and other personnel may hinder or prevent the provision of
needed drug treatment services.
``(b) Limitation on Educational Requirements of Personnel.--
``(1) Treatment of religious education.--If any State or
local government that is a program participant imposes formal
educational qualifications on providers of program services,
including religious organizations, such State or local
government shall treat religious education and training of
personnel as having a critical and positive role in the
delivery of program services. In applying educational
qualifications for personnel in religious organizations, such
State or local government shall give credit for religious
education and training equivalent to credit given for secular
course work in drug treatment or any other secular subject that
is of similar grade level and duration.
``(2) Restriction of discrimination requirements.--
``(A) In general.--Subject to paragraph (1), a
State or local government that is a program participant
may establish formal educational qualifications for
personnel in organizations providing program services
that contribute to success in reducing drug use among
program beneficiaries.
``(B) Exception.--The Secretary shall waive the
application of any educational qualification imposed
under subparagraph (A) for an individual religious
organization, if the Secretary determines that--
``(i) the religious organization has a
record of prior successful drug treatment for
at least the preceding 3 years;
``(ii) the educational qualifications have
effectively barred such religious organization
from becoming a program provider;
``(iii) the organization has applied to the
Secretary to waive the qualifications; and
``(iv) the State or local government has
failed to demonstrate empirically that the
educational qualifications in question are
necessary to the successful operation of a drug
treatment program.''. | Faith-Based Drug Treatment Enhancement Act - Amends the Public Health Service Act to declare that the amendments made by this Act apply to each program that makes awards of Federal financial assistance to prevent or treat substance abuse.
Allows, notwithstanding any other provision of law, a religious organization to be an award recipient, make subawards, provide services through vouchers, or accept vouchers for providing services. Makes religious organizations eligible on the same basis as any other nonprofit private organization. Prohibits Federal or State: (1) discrimination against an organization on the basis that the organization has a religious character; and (2) requirements that a religious organization, in order to be a program participant, remove religious art, icons, scripture, or other symbols.
Requires a religious organization to arrange for services through an alternative entity if an individual objects to the religious organization. Allows a religious organization to require a beneficiary who has elected to receive services from the organization to actively participate in religious practice, worship, and instruction.
Prohibits using funds for sectarian worship or instruction, unless the beneficiary may choose where the assistance is redeemed or allocated.
Declares that assistance to or on behalf of a beneficiary is aid to the beneficiary and not to the organization. Requires, if a State law or constitution would prevent the expenditure of State or local funds by religious organizations, that the Federal funds shall be segregated from State or other public funds.
Requires, for personnel working in religious organization drug treatment programs, giving credit for religious education and training equivalent to credit given for secular course work. Mandates waiver of educational requirements if the religious organization has a record of successful drug treatment and the State or local government fails to demonstrate empirically that the educational qualifications are necessary. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abraham Lincoln Bicentennial 1-Cent
Coin Redesign Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Abraham Lincoln, the 16th President, was one of the
Nation's greatest leaders, demonstrating true courage during
the Civil War, one of the greatest crises in the Nation's
history.
(2) Born of humble roots in Hardin County, Kentucky, on
February 12, 1809, Abraham Lincoln rose to the Presidency
through a combination of honesty, integrity, intelligence, and
commitment to the United States.
(3) With the belief that all men are created equal, Abraham
Lincoln led the effort to free all slaves in the United States.
(4) Abraham Lincoln had a generous heart, with malice
toward none and with charity for all.
(5) Abraham Lincoln gave the ultimate sacrifice for the
country he loved, dying from an assassin's bullet on April 15,
1865.
(6) All Americans could benefit from studying the life of
Abraham Lincoln, for Lincoln's life is a model for
accomplishing the ``American dream'' through honesty,
integrity, loyalty, and a lifetime of education.
(7) The year 2009 will be the bicentennial anniversary of
the birth of Abraham Lincoln.
(8) Abraham Lincoln was born in Kentucky, grew to adulthood
in Indiana, achieved fame in Illinois, and led the nation in
Washington, D.C.
(9) The so-called ``Lincoln cent'' was introduced in 1909
on the 100th anniversary of Lincoln's birth, making the obverse
design the most enduring on the nation's coinage.
(10) President Theodore Roosevelt was so impressed by the
talent of Victor David Brenner that the sculptor was chosen to
design the likeness of President Lincoln for the coin, adapting
a design from a plaque Brenner had prepared earlier.
(11) In the nearly 100 years of production of the ``Lincoln
cent'', there have been only 2 designs on the reverse: the
original, featuring 2 wheat-heads in memorial style enclosing
mottoes, and the current representation of the Lincoln Memorial
in Washington, D.C.
(12) On the occasion of the bicentennial of President
Lincoln's birth and the 100th anniversary of the production of
the Lincoln cent, it is entirely fitting to issue a series of
1-cent coins with designs on the reverse that are emblematic of
the 4 major periods of President Lincoln's life.
SEC. 3. REDESIGN OF LINCOLN CENT FOR 2009.
(a) In General.--During the year 2009, the Secretary of the
Treasury shall issue 1-cent coins in accordance with the following
design specifications:
(1) Obverse.--The obverse of the 1-cent coin shall continue
to bear the Victor David Brenner likeness of President Abraham
Lincoln.
(2) Reverse.--The reverse of the coins shall bear 4
different designs each representing a different aspect of the
life of Abraham Lincoln, such as--
(A) his birth and early childhood in Kentucky;
(B) his formative years in Indiana;
(C) his professional life in Illinois; and
(D) his presidency, in Washington, D.C.
(b) Issuance of Redesigned Lincoln Cents in 2009.--
(1) Order.--The 1-cent coins to which this section applies
shall be issued with 1 of the 4 designs referred to in
subsection (a)(2) beginning at the start of each calendar
quarter of 2009.
(2) Number.--The Secretary shall prescribe, on the basis of
such factors as the Secretary determines to be appropriate, the
number of 1-cent coins that shall be issued with each of the
designs selected for each calendar quarter of 2009.
(c) Design Selection.--The designs for the coins specified in this
section shall be chosen by the Secretary--
(1) after consultation with the Abraham Lincoln
Bicentennial Commission and the Commission of Fine Arts; and
(2) after review by the Citizens Coinage Advisory
Committee.
SEC. 4. REDESIGN OF REVERSE OF 1-CENT COINS AFTER 2009.
The design on the reverse of the 1-cent coins issued after December
31, 2009, shall bear an image emblematic of President Lincoln's
preservation of the United States of America as a single and united
country.
SEC. 5. NUMISMATIC PENNIES WITH THE SAME METALLIC CONTENT AS THE 1909
PENNY.
The Secretary of the Treasury shall issue 1-cent coins in 2009 with
the exact metallic content as the 1-cent coin contained in 1909 in such
number as the Secretary determines to be appropriate for numismatic
purposes.
SEC. 6. SENSE OF THE CONGRESS.
It is the sense of the Congress that the original Victor David
Brenner design for the 1-cent coin was a dramatic departure from
previous American coinage that should be reproduced, using the original
form and relief of the likeness of Abraham Lincoln, on the 1-cent coins
issued in 2009. | Abraham Lincoln Bicentennial 1-Cent Coin Redesign Act - Directs the Secretary of the Treasury, during 2009, to issue one-cent coins with the reverse side bearing four different designs representing different aspects of the life of Abraham Lincoln.
Requires the design of the reverse side, after 2009, to bear an image emblematic of President Lincoln's preservation of the United States of America as a single and united country. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intergovernmental Law Enforcement
Information Sharing Act of 2001''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) Governors and mayors are responsible for the protection
of their constituents, and State and local agencies are
typically the first responders to emergencies. Therefore, State
and local officials and agencies must be able to receive
information regarding potential threats within their
jurisdictions.
(2) Most State and local law enforcement authorities
currently have mechanisms in place to receive and protect
classified information provided by Federal officials. These
mechanisms must be supplemented to include elected officials
and additional senior law enforcement officials in every State.
(3) Expanding the issuance of security clearances,
consistent with all applicable Federal standards and
investigative requirements, is an important means of improving
information sharing among Federal, State, and local officials.
(4) There is a need for a comprehensive review of
procedures within Federal law enforcement agencies in order to
identify and remedy unnecessary barriers to information sharing
among Federal, State, and local law enforcement agencies.
SEC. 3. SECURITY CLEARANCES AND ENHANCED INFORMATION SHARING.
Chapter 65 of title 31, United States Code, is amended by adding at
the end the following new section:
``Sec. 6509. Intergovernmental cooperation to enhance the sharing of
law enforcement information
``(a) The Attorney General shall expeditiously carry out security
clearance investigations for the persons identified in subsection (b),
and shall grant appropriate security clearances to all such persons who
qualify for clearances under the standards set forth in applicable laws
and Executive orders.
``(b) The persons referred to in subsection (a) are:
``(1) Every Governor of a State or territory who applies
for a security clearance.
``(2) Every chief elected official of a political
subdivision of a State or territory with a population exceeding
30,000 who applies for a security clearance.
``(3) At least one senior law enforcement official for each
State or territory, as designated by the Governor of such State
or territory.
``(4) At least one senior law enforcement official for each
political subdivision described in paragraph (2), as designated
by the chief elected official of such subdivision.
``(5) Law enforcement officers from State, territorial, and
local agencies that participate in Federal counter-terrorism
working groups, joint or regional terrorism task forces, and
other activities involving the combined efforts of Federal and
non-Federal law enforcement agencies.
``(6) The chiefs, commissioners, sheriffs, or comparable
officials who head each State, territorial, and local agency
that participates in a working group, task force, or similar
activity described in paragraph (5).
``(c)(1) The Attorney General may charge State, territorial, and
local governments, in whole or in part, for the costs of carrying out
security clearance investigations and granting security clearances
under this section. Such charges may not exceed the amounts charged for
carrying out such investigations and granting such clearances for
Federal employees.
``(2) The Attorney General may waive any charges that would
otherwise apply under paragraph (1) to a State, territorial, or local
government if such government agrees to promptly provide Federal
officials, without charge, access to the criminal databases of such
government for the purpose of conducting personnel security background
investigations for military, civilian, and contract employees.
``(d) To the maximum extent practicable, the Attorney General shall
ensure that information systems, including databases, are configured to
allow efficient and effective sharing of information among appropriate
Federal, State, territorial, and local officials and agencies.''.
SEC. 4. STUDY BY THE ATTORNEY GENERAL.
(a) Study Required.--The Attorney General shall conduct a study of
methods to enhance the sharing of sensitive Federal law enforcement
information with State, territorial, and local law enforcement
officials. The study shall review--
(1) appropriate safeguards to protect confidential sources
and methods;
(2) mechanisms for determining the credibility of
information relating to potential threats;
(3) restrictions on access to Federal databases by State,
territorial, and local elected officials and law enforcement
personnel; and
(4) any other matter that the Attorney General considers
appropriate.
(b) Participation.--The Attorney General shall ensure that
officials from State, territorial, and local law enforcement agencies
participate in the study.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Attorney General shall submit a report
containing the findings and recommendations of the study to the
Committee on Government Reform and the Committee on the Judiciary of
the House of Representatives and the Committee on Governmental Affairs
and the Committee on the Judiciary of the Senate.
SEC. 5. DISCLAIMER.
Nothing in this Act shall be construed to limit the authority of
the head of a Federal agency to classify information or to continue the
classification of information previously classified by an agency. | Intergovernmental Law Enforcement Information Sharing Act of 2001 - Directs the Attorney General to expeditiously carry out security clearance investigations for, and to grant appropriate security clearances to, specified persons, including: (1) every Governor who applies for a security clearance; (2) at least one senior law enforcement official for each State or territory; (3) law enforcement officers from State, territorial, and local agencies that participate in Federal counter-terrorism working groups or joint or regional terrorism task forces; and (4) the chiefs, commissioners, sheriffs, or comparable officials who head State, territorial, and local agencies that participate in such working groups or task forces.Authorizes the Attorney General to: (1) charge State, territorial, and local governments for the costs of carrying out security clearance investigations and granting security clearances, not to exceed the amounts charged for Federal employees; and (2) waive any charges that would otherwise apply to a State, territorial, or local government if such government agrees to promptly provide Federal officials, without charge, with access to criminal databases for the purpose of conducting personnel security background investigations for military, civilian, and contract employees.Directs the Attorney General to: (1) ensure that information systems, including databases, are configured to allow efficient and effective sharing of information among appropriate Federal, State, territorial, and local officials and agencies; and (2) conduct a study of methods to enhance the sharing of sensitive Federal law enforcement information with State, territorial, and local law enforcement officials. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Employee Ownership
Bank Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Over the past 2 years, the United States has lost more
than 2,000,000 decent-paying manufacturing jobs.
(2) With 14,731,000 total manufacturing jobs, the United
States now has the lowest number of factory jobs since October,
1958.
(3) According to Forrester Research, ``Over the next 15
years, 3,300,000 United States service industry jobs and
$136,000,000,000 in wages will move offshore to countries like
India, Russia, China and the Philippines. The IT industry will
lead the initial overseas exodus.''.
(4) At the end of 2002, the United States had a record-
breaking trade deficit of $435,200,000,000, including a
$103,100,000,000 trade deficit with China.
(5) Preserving and increasing decent-paying jobs must be a
top priority of the United States Congress.
(6) Providing loan guarantees, direct loans, and technical
assistance to employees to buy their own companies will
preserve and increase employment in the United States.
(7) Just like the United States Export-Import Bank was
created in 1934 during the midst of the Great Depression as a
way to increase United States jobs through exports, the time
has come to establish the United States Employee Ownership Bank
within the Department of the Treasury to preserve and expand
jobs in the United States.
SEC. 3. ESTABLISHMENT OF UNITED STATES EMPLOYEE OWNERSHIP BANK WITHIN
THE DEPARTMENT OF THE TREASURY.
(a) Establishment Required.--Before the end of the 30-day period
beginning on the date of the enactment of this Act, the Secretary of
the Treasury (hereinafter in this Act referred to as the ``Secretary'')
shall establish the United States Employee Ownership Bank (hereinafter
referred to as the ``Bank'') to foster increased employee ownership and
greater employee participation in company decision-making throughout
the United States.
(b) Duties of Bank.--The Secretary shall establish such Bank to
provide the following:
(1) Loans subordinated to the interests of all other
creditors, loan guarantees, and technical assistance, on such
terms and subject to such conditions as the Secretary
determines to be appropriate, to employees to purchase a
business through an employee stock ownership plan or eligible
worker-owned cooperative that are at least 51 percent employee
owned.
(2) Grants to States and nonprofit and cooperative
organizations with experience in developing employee-owned
businesses and worker-owned cooperatives to provide education
and outreach to inform people about the possibilities and
benefits of employee ownership of companies, gain sharing, and
participation in company decision-making, including some
financial education.
(3) Grants to States and nonprofit and cooperative
organizations with experience in developing employee-owned
businesses and worker-owned cooperatives to provide technical
assistance to assist employee efforts to become business
owners.
(4) Grants to States and nonprofit and cooperative
organizations with experience in developing employee-owned
businesses and worker-owned cooperatives to provide
participation training to teach employees and employers methods
of employee participation in company decision-making.
(5) Grants to States and nonprofit and cooperative
organizations with experience in developing employee-owned
businesses and worker-owned cooperatives to conduct objective
third party pre-feasibility and feasibility studies to
determine if employees who would like to start-up employee stock
ownership plans or worker cooperatives would be able to make a profit.
(c) Preconditions.--Before the Bank makes any subordinated loan or
loan guarantee under subsection (b)(1), the employees shall submit to
the Bank the following:
(1) A business plan that shows that--
(A) at least 51 percent of all interests in the
employee stock ownership plan or eligible worker-owned
cooperative is owned or controlled by employees;
(B) the Board of Directors of the employee stock
ownership plan or eligible worker-owned cooperative is
elected by all of the employees; and
(C) all employees receive basic information about
company progress and have the opportunity to
participate in day-to-day operations.
(2) A feasibility study from an objective third party with
a positive determination that the employee stock ownership plan
or eligible worker owned cooperative will be profitable enough
to pay back any loan, subordinated loan or loan guarantee that
was made possible through the United States Employee Ownership
Bank.
(d) Insurance of Subordinated Loans and Loan Guarantees.--
(1) In general.--The Bank shall, with respect to any
subordinated loan or loan guarantee provided under this Act,
insure such loan or loan guarantee against the nonrepayment of
the outstanding balance of the loan.
(2) Annual premiums.--The Bank shall fix the annual premium
for the insurance of each subordinated loan or loan guarantee
under this subsection to be paid by the borrower in such manner
and in such amount as the Secretary determines to be
appropriate.
(3) Premiums and guarantee fees available to cover
losses.--The premiums collected by the Bank from insurance
issued under this subsection and the fees collected by the Bank
for loan guarantees issued under subsection (b) shall be
deposited in a fund in the Treasury and shall be available to
the Bank to cover any losses incurred by the Bank in connection
with any such loan or loan guarantee.
(e) Technical Assistance in the Discretion of the Secretary.--In
the case of activities under subsection (b)(3), the Secretary may
require the Bank to take the following actions:
(1) Provide for the targeting of key groups such as
retiring business owners, unions, managers, trade associations,
and community organizations.
(2) Encourage cooperation in organizing workshops and
conferences.
(3) Provide for the preparation and distribution of
materials concerning employee ownership and participation.
(f) Participation Training in the Discretion of the Secretary.--In
the case of activities under subsection (b)(4), the Secretary may
require the Bank to take the following actions:
(1) Provide for courses on employee participation.
(2) Provide for the development and fostering of networks
of employee owned companies to spread the use of successful
participation techniques.
SEC. 4. REGULATIONS TO ENSURE THE SAFETY AND SOUNDNESS OF THE UNITED
STATES EMPLOYEE OWNERSHIP BANK.
Before the end of the 30-day period beginning the date of the
enactment of this Act, the Secretary of the Treasury shall prescribe
regulations to ensure the safety and soundness of the United States
Employee Ownership Bank.
SEC. 5. REGULATIONS TO ENSURE THE UNITED STATES EMPLOYEE OWNERSHIP BANK
WILL NOT COMPETE WITH COMMERCIAL FINANCIAL INSTITUTIONS.
Before the end of the 30-day period beginning the date of the
enactment of this Act, the Secretary of the Treasury shall prescribe
regulations to ensure that the United States Employee Ownership Bank
will not compete with commercial financial institutions.
SEC. 6. COMMUNITY REINVESTMENT CREDIT.
Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C.
2903) is amended by adding at the end the following new subsection:
``(d) Establishment of ESOPs and EWOCs.--In assessing and taking
into account, under subsection (a), the record of a financial
institution, the appropriate Federal financial supervisory agency may
consider as a factor capital investments, loans, loan participation,
technical assistance, financial advice, grants, and other ventures
undertaken by the institution to support or enable manufacturing
employees to establish employee stock ownership plans or eligible
worker owned cooperatives that are at least 51 percent employee-owned
plans or cooperatives.''.
SEC. 7. ORGANIZATION OF BANK.
(a) Management.--There shall be at the head of the Bank, a Director
of the United States Employee Ownership Bank (hereinafter in this Act
referred to as the ``Director''), who shall be appointed by and serve
at the pleasure of the Secretary.
(b) Staff.--The Director may select, appoint, employ, and fix the
compensation of such employees as shall be necessary to carry out the
functions of the Bank.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of the
Treasury $100,000,000 for each of fiscal years 2004, 2005, 2006, 2007,
and 2008 to carry out the purposes of this Act. | United States Employee Ownership Bank Act - Directs the Secretary of the Treasury to establish the United States Employee Ownership Bank in order to foster increased employee ownership and participation in company decision-making throughout the United States.
Lists among the Bank's duties providing loans to enable employees to purchase a business through an employee stock ownership plan or eligible worker-owned cooperative that is at least 51 percent employee-owned.
States that such loans are subordinated to the interests of all other creditors, loan guarantees, and technical assistance programs.
Amends the Community Reinvestment Act of 1977 to provide that in assessing and taking into account the record of a financial institution, the appropriate Federal financial supervisory agency may consider as a factor capital investments, loans, loan participation, technical assistance, financial advice, grants, and other ventures undertaken by the institution to support or enable manufacturing employees to establish employee stock ownership plans or eligible worker owned cooperatives that are at least 51 percent employee-owned plans or cooperatives. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Land Use
Notification Act of 1993''.
SEC. 2. REQUIRING CERTAIN FEDERAL AGENCIES TO PROVIDE NOTICE TO
DISTRICT OF COLUMBIA BEFORE CARRYING OUT ACTIVITIES
AFFECTING PROPERTY LOCATED IN DISTRICT.
(a) Requirements for General Services Administration.--
(1) In general.--Title II of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) is
amended by adding at the end the following new section:
``notice to district of columbia of activities affecting property
located in the district
``Sec. 213. (a) Except as provided in subsection (b), the
Administrator may not carry out any activity under this title that
affects real property located in the District of Columbia (including
transferring excess property or disposing of surplus property) unless--
``(1) not later than 60 days before carrying out such
activity, the Administrator provides a notice describing such
activity and the property affected to the Mayor of the District
of Columbia, the Chair of the Council of the District of
Columbia, and the Chair of the Advisory Neighborhood Commission
(as established pursuant to section 738 of the District of
Columbia Self-Government and Governmental Reorganization Act)
in whose neighborhood such property is located; and
``(2) the Administrator provides the individuals described
in paragraph (1) with the opportunity to present oral or
written comments on the activity to the Administrator (or the
Administrator's designee) before the Administrator carries out
the activity.
``(b) The Administrator may waive the requirements described in
subsection (a) if the Administrator finds that compliance with the
requirements would jeopardize the public safety or the national
security interests of the United States, but only if the
Administrator--
``(1) certifies such finding and the reasons for such
finding to the individuals described in paragraph (1) of such
subsection and to Congress; and
``(2) at the earliest time practicable, provides such
individuals with the notice described in paragraph (1) of such
subsection and the opportunity to present comments described in
paragraph (2) of such subsection.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section 212
the following new item:
``Sec. 213. Notice to District of Columbia of activities
affecting property located in the
District.''.
(b) Notice Requirements for Other Covered Agencies.--
(1) In general.--Except as provided in paragraph (2), a
covered agency (as defined in paragraph (3)) may not carry out
any activity that affects real property located in the District
of Columbia unless--
(A) not later than 60 days before carrying out such
activity, such agency provides a notice describing such
activity and the property affected to the Mayor of the
District of Columbia, the Chair of the Council of the
District of Columbia, and the Chair of the Advisory
Neighborhood Commission (as established pursuant to
section 738 of the District of Columbia Self-Government
and Governmental Reorganization Act) in whose
neighborhood such property is located; and
(B) the agency provides the individuals described
in subparagraph (A) with the opportunity to present
oral or written comments on the activity to a
representative of the agency before the agency carries
out the activity.
(2) Exception for emergencies.--A covered agency may waive
the requirements of paragraph (1) if the agency finds that
compliance with the requirements would jeopardize the public
safety or the national security interests of the United States,
but only if the agency--
(A) certifies such finding and the reasons for such
finding to the individuals described in subparagraph
(A) of such paragraph and to Congress; and
(B) at the earliest time practicable, provides such
individuals with the notice described in subparagraph
(A) of such paragraph and the opportunity to present
comments described in subparagraph (B) of such
paragraph.
(3) Covered agency defined.--In this subsection, the term
``covered agency'' means any of the following:
(A) The Architect of the Capitol.
(B) The National Park Service.
(C) The Smithsonian Institution.
(c) Prior Approval for Events at Tennis Stadium at Rock Creek
Park.--No event may be held at the William H. G. Fitzgerald Tennis
Center at Rock Creek Park without the prior approval of the Director of
the National Park Service and the Mayor of the District of Columbia.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2(a) shall apply to activities
carried out after the expiration of the 60-day period that begins on
the date of the enactment of this Act, and sections 2 (b) and (c) shall
apply to activities carried out and events held after the expiration of
such period. | District of Columbia Land Use Notification Act of 1993 - Amends the Federal Property and Administrative Services Act of 1949 to prohibit the Administrator of General Services, the Architect of the Capitol, the National Park Service, and the Smithsonian Institution from carrying out any activity that affects real property located in the District of Columbia (including transferring excess property or disposing of surplus property) unless the following individuals are notified with an opportunity to comment: (1) the Mayor of the District of Columbia; (2) the Chair of the Council of the District; and (3) the Chair of the Advisory Neighborhood Commission in whose neighborhood such property is located.
Prohibits an event from being held at the William H.G. Fitzgerald Tennis Center at Rock Creek Park without the prior approval of the Director of the National Park Service and the Mayor of the District of Columbia.
Authorizes the Administrator to waive the requirements of this Act if compliance would jeopardize public safety or national security interests: (1) upon certifying such finding to such individuals; and (2) providing the individuals with a notice and an opportunity to comment. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandate Prevention Act of 2010''.
SEC. 2. LEGISLATION SUBJECT TO POINT OF ORDER.
(a) In General.--Section 425(a) of the Congressional Budget Act of
1974 is amended by striking ``and'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and by inserting ``;
and'', and by adding at the end the following new paragraph:
``(3) Any bill, joint resolution, amendment, motion, or
conference report that would increase the direct costs of
Federal private sector mandates by an amount that causes the
thresholds specified in section 424(b)(1) to be exceeded,
unless--
``(A) the bill, joint resolution, amendment,
motion, or conference report provides new budget
authority or new entitlement authority in the House of
Representatives or direct spending authority in the
Senate for each fiscal year for such mandates included
in the bill, joint resolution, amendment, motion, or
conference report in an amount equal to or exceeding
the direct costs of such mandate; or
``(B) the bill, joint resolution, amendment,
motion, or conference report includes an authorization
for appropriations in an amount equal to or exceeding
the direct costs of such mandate, and--
``(i) identifies a specific dollar amount
of the direct costs of such mandate for each
year up to 10 years during which such mandate
shall be in effect under the bill, joint
resolution, amendment, motion or conference
report, and such estimate is consistent with
the estimate determined under subsection (e)
for each fiscal year;
``(ii) identifies any appropriation bill
that is expected to provide for Federal funding
of the direct cost referred to under clause
(i); and
``(iii)(I) provides that for any fiscal
year the responsible Federal agency shall
determine whether there are insufficient
appropriations for that fiscal year to provide
for the direct costs under clause (i) of such
mandate, and shall (no later than 30 days after
the beginning of the fiscal year) notify the
appropriate authorizing committees of Congress
of the determination and submit either--
``(aa) a statement that the agency
has determined, based on a re-estimate
of the direct costs of such mandate,
after consultation with State, local,
and tribal governments, that the amount
appropriated is sufficient to pay for
the direct costs of such mandate; or
``(bb) legislative recommendations
for either implementing a less costly
mandate or making such mandate
ineffective for the fiscal year;
``(II) provides for expedited procedures
for the consideration of the statement or
legislative recommendations referred to in
subclause (I) by Congress no later than 30 days
after the statement or recommendations are
submitted to Congress; and
``(III) provides that such mandate shall--
``(aa) in the case of a statement
referred to in subclause (I)(aa), cease
to be effective 60 days after the
statement is submitted unless Congress
has approved the agency's determination
by joint resolution during the 60-day
period;
``(bb) cease to be effective 60
days after the date the legislative
recommendations of the responsible
Federal agency are submitted to
Congress under subclause (I)(bb) unless
Congress provides otherwise by law; or
``(cc) in the case that such
mandate that has not yet taken effect,
continue not to be effective unless
Congress provides otherwise by law.''.
(b) Committee on Appropriations.--Section 425(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``or a Federal
private sector mandate'' after ``Federal intergovernmental mandate''
each place it appears.
(c) Determinations of Federal Private Sector Mandate Levels.--
Section 425(e) of the Congressional Budget Act of 1974 is amended by
inserting ``and Federal private sector mandates'' after ``Federal
mandates''.
SEC. 3. UNFUNDED MANDATES POINT OF ORDER IN THE RULES OF THE HOUSE OF
REPRESENTATIVES.
Clause 11(b) of rule XVIII of the Rules of the House of
Representatives is amended by inserting before the period the
following: ``or a Federal private sector mandate the direct costs of
which exceed the threshold otherwise specified for a reported bill or
joint resolution in section 424(b)(1) of such Act''.
SEC. 4. EQUALIZATION OF THRESHOLD BETWEEN PRIVATE SECTOR AND
INTERGOVERNMENTAL MANDATES.
Section 424(b)(1) of the Congressional Budget Act of 1974 is
amended by striking ``$100,000,000'' and inserting ``$50,000,000''. | Mandate Prevention Act of 2010 - Amends the Congressional Budget Act of 1974 (CBA) to make it out of order to consider in either chamber of Congress any legislation that would increase the direct costs of federal private sector mandates by an amount that causes the applicable thresholds to be exceeded, unless the legislation: (1) provides new budget or entitlement authority in the House of Representatives or direct spending authority in the Senate for each fiscal year for such mandates in an amount equal to or exceeding the direct costs of each such mandate; or (2) includes an authorization of appropriations in an amount equal to or exceeding the direct costs of such mandates and makes other specified arrangements for up to 10 years during which each mandate shall be in effect under the legislation.
Applies such prohibition to any legislative provision increasing direct costs of a federal private sector mandate (currently, federal intergovernmental mandate only) in any legislation reported by a congressional appropriations committee.
Amends Rule XVIII (The Committee of the Whole House on the state of the Union) of the Rules of the House to state that the Committee of the Whole may be precluded from considering an amendment proposing only to strike an unfunded federal private sector mandate from the portion of the bill then open to amendment only by specific terms of a special order of the House.
Amends the CBA to equalize the threshold between private sector and intergovernmental mandates. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Export Enhancement Act of 1999''.
SEC. 2. OPIC ISSUING AUTHORITY.
Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2195(a)(3)) is amended by striking ``1999'' and inserting ``2003''.
SEC. 3. IMPACT OF OPIC PROGRAMS.
(a) Additional Requirements.--Section 231A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191a) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following new
subsection:
``(b) Environmental Impact.--The Board of Directors of the
Corporation shall not vote in favor of any action proposed to be taken
by the Corporation that is likely to have significant adverse
environmental impacts that are sensitive, diverse, or unprecedented,
unless for at least 60 days before the date of the vote--
``(1) an environmental impact assessment or initial
environmental audit, analyzing the environmental impacts of the
proposed action and of alternatives to the proposed action has been
completed by the project applicant and made available to the Board
of Directors; and
``(2) such assessment or audit has been made available to the
public of the United States, locally affected groups in the host
country, and host country nongovernmental organizations.''; and
(3) in subsection (c), as so redesignated--
(A) by inserting ``(1)'' before ``The Board''; and
(B) by adding at the end the following:
``(2) In conjunction with each meeting of its Board of Directors,
the Corporation shall hold a public hearing in order to afford an
opportunity for any person to present views regarding the activities of
the Corporation. Such views shall be made part of the record.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 90 days after the date of the enactment of this Act.
SEC. 4. BOARD OF DIRECTORS OF OPIC.
Section 233(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2193(b)) is amended--
(1) by striking the second and third sentences;
(2) in the fourth sentence by striking ``(other than the
President of the Corporation, appointed pursuant to subsection (c)
who shall serve as a Director, ex officio)'';
(3) in the second undesignated paragraph--
(A) by inserting ``the President of the Corporation, the
Administrator of the Agency for International Development, the
United States Trade Representative, and'' after ``including'';
and
(B) by adding at the end the following: ``The United States
Trade Representative may designate a Deputy United States Trade
Representative to serve on the Board in place of the United
States Trade Representative.''; and
(4) by inserting after the second undesignated paragraph the
following:
``There shall be a Chairman and a Vice Chairman of the Board, both
of whom shall be designated by the President of the United States from
among the Directors of the Board other than those appointed under the
second sentence of the first paragraph of this subsection.''.
SEC. 5. TRADE AND DEVELOPMENT AGENCY.
(a) Purpose.--Section 661(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2421(a)) is amended by inserting before the period at the
end of the second sentence the following: ``, with special emphasis on
economic sectors with significant United States export potential, such
as energy, transportation, telecommunications, and environment''.
(b) Contributions of Costs.--Section 661(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421(b)) is amended by adding at the
end the following:
``(5) Contributions to costs.--The Trade and Development Agency
shall, to the maximum extent practicable, require corporations and
other entities to--
``(A) share the costs of feasibility studies and other
project planning services funded under this section; and
``(B) reimburse the Trade and Development Agency those
funds provided under this section, if the corporation or entity
concerned succeeds in project implementation.''.
(c) Funding.--Section 661(f) of the Foreign Assistance Act of 1961
(22 U.S.C. 2421(f)) is amended--
(1) in paragraph (1)(A) by striking ``$77,000,000'' and all
that follows through ``1996'' and inserting ``$48,000,000 for
fiscal year 2000 and such sums as may be necessary for each fiscal
year thereafter''; and
(2) in paragraph (2)(A), by striking ``in fiscal years'' and
all that follows through ``provides'' and inserting ``in carrying
out its program, provide, as appropriate, funds''.
SEC. 6. IMPLEMENTATION OF PRIMARY OBJECTIVES OF TPCC.
The Trade Promotion Coordinating Committee shall--
(1) report on the actions taken or efforts currently underway
to eliminate the areas of overlap and duplication identified among
Federal export promotion activities;
(2) coordinate efforts to sponsor or promote any trade show or
trade fair;
(3) work with all relevant State and national organizations,
including the National Governors' Association, that have
established trade promotion offices;
(4) report on actions taken or efforts currently underway to
promote better coordination between State, Federal, and private
sector export promotion activities, including co-location, cost
sharing between Federal, State, and private sector export promotion
programs, and sharing of market research data; and
(5) by not later than March 30, 2000, and annually thereafter,
include the matters addressed in paragraphs (1), (2), (3), and (4)
in the annual report required to be submitted under section 2312(f)
of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)).
SEC. 7. TIMING OF TPCC REPORTS.
Section 2312(f) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(f)) is amended by striking ``September 30, 1995, and annually
thereafter,'' and inserting ``March 30 of each year,''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (Sec. 3) Revises certain OPIC requirements to prohibit the OPIC Board of Directors from voting in favor of any proposed action likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented, unless: (1) an environmental impact assessment or initial environmental audit has been completed by the project applicant and made available to the Board of Directors; and (2) such assessment or audit has been made available to the U.S. public, locally affected groups in the host country, and host country nongovernmental organizations. Requires OPIC in conjunction with each Board of Directors' meeting to hold a public hearing in order to afford an opportunity for any person to present views regarding OPIC activities.
(Sec. 4) Revises the composition of the OPIC Board of Directors.
(Sec. 5) Revises the purposes of the Trade and Development Agency to include, with respect to the promotion of U.S. private sector participation in development projects in developing and middle-income countries, special emphasis on economic sectors with significant U.S. export potential, such as energy, transportation, telecommunications, and environment. Directs the Agency to require corporations and other entities to: (1) share the costs of feasibility studies and other project planning services; and (2) reimburse the Agency those funds it has provided, if the corporation or entity concerned succeeds in project implementation. Authorizes appropriations.
(Sec. 6) Requires the Trade Promotion Coordinating Committee (TPCC) to: (1) report on actions taken to eliminate the areas of overlap and duplication identified among Federal export promotion activities; (2) coordinate efforts to sponsor or promote any trade show or trade fair; (3) work with all relevant State and national organizations, including the National Governors' Association, that have established trade promotion offices; and (4) report to Congress on actions taken to promote better coordination among State, Federal, and private sector export promotion activities.
(Sec. 7) Amends the Export Enhancement Act of 1988 to change the deadline for TPCC annual reports from September 30 to March 30. | [
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SECTION 1. SPECIAL RULES FOR EXECUTIVE PERKS AND RETIREMENT BENEFITS.
(a) In General.--Part I of subchapter D of chapter 1 of the
Internal Revenue Code of 1986 (relating to pension, profit-sharing,
stock bonus plans, etc.) is amended by adding at the end the following
new subpart:
``subpart f--special rules for executive perks and retirement benefits
``Sec. 420A. Holding period requirement
for stock acquired through
exercise of option.
``Sec. 420B. Additional tax on
nondisclosed retirement perks.
``Sec. 420C. Inclusion in gross income of
funded deferred compensation of
corporate insiders.
``Sec. 420D. Definitions and special
rule.
``SEC. 420A. HOLDING PERIOD REQUIREMENT FOR STOCK ACQUIRED THROUGH
EXERCISE OF OPTION.
``(a) In General.--In the case of a corporate insider with respect
to a corporation, the tax imposed by this chapter on a corporate
insider for any taxable year shall be increased by 50 percent of the
amount realized by such insider from the disqualified disposition
during such year of stock acquired by the corporate insider upon the
exercise of a stock option granted by the corporation with respect to
which such individual is a corporate insider.
``(b) Disqualified Disposition of Stock.--
``(1) In general.--For purposes of subsection (a), the term
`disqualified disposition of stock' means any sale, exchange,
or other disposition of stock which, if such stock were
employer securities held in a qualified cash or deferred
arrangement (as defined in section 401(k)(2)), would violate
any restriction imposed on the sale or other disposition of
such securities by the plan of which such arrangement is a
part.
``(2) Special rule for 2 or more cash or deferred
arrangements.--If a corporation has more than 1 qualified cash
or deferred arrangement (as so defined), the restrictions which
apply for purposes of paragraph (1) shall be the most
restrictive provisions relating to the disposition of employer
securities held pursuant to any such arrangements.
``SEC. 420B. ADDITIONAL TAX ON NONDISCLOSED RETIREMENT PERKS.
``(a) In General.--In the case of a publicly traded corporation,
the tax imposed by this chapter for the taxable year shall be increased
by 50 percent of the net cost to the corporation for the taxable year
of personal perks provided to a retired executive of the corporation.
``(b) Waiver If Perks Provided Pursuant to Shareholder Approval.--
Subsection (a) shall not apply with respect to any personal perks
provided pursuant to a contract if--
``(1) all of the material terms of such contract (including
a description of the benefits to be provided to the executive
and the extent of such benefits) are disclosed to shareholders,
and
``(2) such contract is approved by a majority of the vote
in a separate shareholder vote before any benefits are provided
under the contract.
``(c) Net Cost of Personal Perks.--
``(1) In general.--For purposes of subsection (a), the net
cost of personal perks provided to a retired executive is the
excess of--
``(A) the cost to the corporation of such perks,
over
``(B) the amount paid in cash during the taxable
year by the executive to reimburse the corporation for
the cost of such perks.
``(2) Personal perks.--For purposes of paragraph (1), the
term `personal perks' means--
``(A) the use of corporate-owned property,
``(B) travel expenses, including meals and lodging,
unless such expenses are directly related to the
performance of services by the executive for the
corporation and the business relationship of such
expenses is substantiated under the requirements of
section 274,
``(C) tickets to sporting or other entertainment
events,
``(D) amounts paid or incurred for membership in
any club organized for business, pleasure, recreation,
or other social purpose, and
``(E) other personal services, including services
related to maintenance or protection of any personal
residence of the executive.
``(3) Cost relating to use of corporate-owned property.--
For purposes of this subsection--
``(A) In general.--The cost taken into account with
respect to the use of corporate-owned property shall be
the allocable portion of the total cost of operating
such property.
``(B) Allocable portion.--For purposes of
subparagraph (A), the allocable portion of total cost
is--
``(i) the portion of the total cost
(including depreciation) incurred by the
corporation for operating and maintaining such
property during the corporation's taxable year
in which such use occurred,
``(ii) which is allocable to the use
(determined on the basis of the relationship of
such use to the total use of the property
during the taxable year).
``SEC. 420C. INCLUSION IN GROSS INCOME OF FUNDED DEFERRED COMPENSATION
OF CORPORATE INSIDERS.
``(a) In General.--If an employer maintains a funded deferred
compensation plan--
``(1) compensation of any corporate insider which is
deferred under such funded deferred compensation plan shall be
included in the gross income of the corporate insider or
beneficiary for the 1st taxable year in which there is no
substantial risk of forfeiture of the rights to such
compensation, and
``(2) the tax treatment of any amount made available under
the plan to a corporate insider or beneficiary shall be
determined under section 72 (relating to annuities, etc.).
``(b) Funded Deferred Compensation Plan.--For purposes of this
section--
``(1) In general.--The term `funded deferred compensation
plan' means any plan providing for the deferral of compensation
unless--
``(A) the employee's rights to the compensation
deferred under the plan are no greater than the rights
of a general creditor of the employer, and
``(B) all amounts set aside (directly or
indirectly) for purposes of paying the deferred
compensation, and all income attributable to such
amounts, remain (until made available to the
participant or other beneficiary) solely the property
of the employer (without being restricted to the
provision of benefits under the plan), and
``(C) the amounts referred to in subparagraph (B)
are available to satisfy the claims of the employer's
general creditors at all times (not merely after
bankruptcy or insolvency).
Such term shall not include a qualified employer plan.
``(2) Special rules.--
``(A) Employee's rights.--A plan shall be treated
as failing to meet the requirements of paragraph (1)(A)
unless--
``(i) the compensation deferred under the
plan is payable only upon separation from
service, death, disability, or at a specified
time (or pursuant to a fixed schedule), and
``(ii) the plan does not permit the
acceleration of the time such deferred
compensation is payable by reason of any event.
If the employer and employee agree to a modification of
the plan that accelerates the time for payment of any
deferred compensation, then all compensation previously
deferred under the plan shall be includible in gross
income for the taxable year during which such
modification takes effect and the taxpayer shall pay
interest at the underpayment rate on the underpayments
that would have occurred had the deferred compensation
been includible in gross income on the earliest date
that there is no substantial risk of forfeiture of the
rights to such compensation.
``(B) Creditor's rights.--A plan shall be treated
as failing to meet the requirements of paragraph (1)(B)
with respect to amounts set aside in a trust unless--
``(i) the employee has no beneficial
interest in the trust,
``(ii) assets in the trust are available to
satisfy claims of general creditors at all
times (not merely after bankruptcy or
insolvency), and
``(iii) there is no factor that would make
it more difficult for general creditors to
reach the assets in the trust than it would be
if the trust assets were held directly by the
employer in the United States.
Except as provided in regulations prescribed by the
Secretary, such a factor shall include the location of
the trust outside the United States.
``(c) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified employer plan.--The term `qualified
employer plan' means--
``(A) any plan, contract, pension, account, or
trust described in subparagraph (A) or (B) of section
219(g)(5), and
``(B) any other plan of an organization exempt from
tax under subtitle A.
``(2) Plan includes arrangements, etc.--The term `plan'
includes any agreement or arrangement.
``(3) Substantial risk of forfeiture.--The rights of a
person to compensation are subject to a substantial risk of
forfeiture if such person's rights to such compensation are
conditioned upon the future performance of substantial services
by any individual.
``(4) Treatment of earnings.--Except for purposes of
subsection (a)(1) and the last sentence of (b)(2)(A),
references to deferred compensation shall be treated as
including references to income attributable to such
compensation or such income.
``SEC. 420D. DEFINITIONS AND SPECIAL RULE.
``(a) Definitions.--For purposes of this subpart--
``(1) Corporate insider.--The term `corporate insider'
means, with respect to a corporation, any individual--
``(A) who is subject to the requirements of section
16(a) of the Securities Exchange Act of 1934 with
respect to such corporation, or
``(B) who would be subject to such requirements if
such corporation were an issuer of equity securities
referred to in such section.
``(2) Retired executive.--The term `retired executive'
means any corporate insider who is no longer performing
services on a substantially full time basis in the capacity
that resulted in being subject to the requirements of section
16(a) of the Securities Exchange Act of 1934.
``(3) Publicly traded corporation.--The term `publicly
traded corporation' means any corporation issuing any class of
securities required to be registered under section 12 of the
Securities Exchange Act of 1934.
``(4) Corporate-owned property.--
``(A) In general.--Except as provided in
subparagraph (B), the term `corporate-owned property'
means any of the following property owned by a
corporation--
``(i) planes,
``(ii) apartments or other residences,
``(iii) vacation, sports, and entertainment
facilities, and
``(iv) cars.
Such term includes any such property which is leased or
chartered by the corporation.
``(B) Exceptions.--Such term does not include any
property used directly by the corporation in providing
transportation, lodging, or entertainment services to
the general public.
``(b) Additions to Tax Not Treated As Tax for Certain Purposes.--
The tax imposed by sections 420A and 420B shall not be treated as a tax
imposed by this chapter for purposes of determining--
``(1) the amount of any credit allowable under this
chapter, or
``(2) the amount of the minimum tax imposed by section
55.''.
(b) Clerical Amendment.--The table of subparts for part I of
subchapter D of chapter 1 of such Code is amended by adding at the end
the following new item:
``Subpart F. Special Rules for Executive
Perks and Retirement
Benefits.''.
(c) Effective Date.--The amendments made by this section shall take
effect as follows:
(1) Section 420A of the Internal Revenue Code of 1986 (as
added by this section) shall apply to stock acquired pursuant
to the exercise of an option after the date of the enactment of
this Act.
(2)(A) Except as provided by subparagraph (B), section 420B
of such Code (as so added) shall apply to perks provided after
the date of the enactment of this Act.
(B) In the case of perks provided pursuant to a contract in
existence on the date of the enactment of this Act, such
section 420B shall apply to such perks after the date of the
first annual shareholders meeting after the date of the
enactment of this Act.
(3) Section 420C of such Code (as so added) shall apply to
amounts deferred after the date of the enactment of this Act. | Amends the Internal Revenue Code to: (1) increase, for a corporate insider, the applicable tax by 50 percent of the amount realized by such insider from the disqualified disposition of stock (a sale violating specified restrictions) acquired by such corporate insider upon the exercise of a stock option granted by the corporation; (2) increase, for a publicly traded corporation, the applicable tax by 50 percent of the net cost to the corporation of personal perks provided to a retired executive of the corporation; and (3) include in the gross income of a corporate insider funded deferred compensation. | [
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] |
SECTION 1. INCREASE IN MAXIMUM TAXABLE INCOME FOR 15 PERCENT RATE
BRACKET.
(a) In General.--Section 1(f) of the Internal Revenue Code of 1986
(relating to adjustments in tax tables so that inflation will not
result in tax increases) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D),
(B) by inserting after subparagraph (A) the
following:
``(B) for taxable years beginning in any calendar
year after 1999 and before 2010--
``(i) in the case of the table contained in
subsection (c), by increasing the maximum
dollar amount for the 15 percent rate bracket
and the minimum dollar amount for the 28
percent rate bracket otherwise determined under
subparagraph (A) by the applicable dollar
amount for such calendar year, and
``(ii) in the case of the tables contained
in subsections (a), (b), and (d), by increasing
the maximum and minimum dollar amounts for the
15 and 28 percent rate brackets, respectively,
by an amount which maintains the same
proportionate differential in such dollar
amounts among the tables in subsections (a),
(b), (c), and (d) as existed in calendar year
1999,'', and
(C) by striking ``subparagraph (A)'' in
subparagraph (C) (as so redesignated) and inserting
``subparagraphs (A) and (B)'', and
(2) by adding at the end the following:
``(8) Applicable dollar amount.--
``(A) In general.--For purposes of paragraph
(2)(B), the applicable dollar amount for any calendar
year is equal to the applicable percentage of the
excess of--
``(i) the contribution and benefit base (as
determined under section 230 of the Social
Security Act) for the calendar year, over
``(ii) the maximum dollar amount for the 15
percent rate bracket for the table contained in
subsection (c) for the calendar year otherwise
determined under paragraph (2)(A).
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage for any
calendar year shall be determined as follows:
Applicable
``Calendar year: Percentage:
2000.......................................... 10
2001.......................................... 20
2002.......................................... 30
2003.......................................... 40
2004.......................................... 50
2005.......................................... 60
2006.......................................... 70
2007.......................................... 80
2008.......................................... 90
2009.......................................... 100.''
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 2. USE OF NATIONAL AVERAGE WAGE INDEX FOR COST-OF-LIVING
ADJUSTMENTS.
(a) In General.--Section 1(f) of the Internal Revenue Code of 1986
(relating to adjustments in tax tables so that inflation will not
result in tax increases) is amended by striking paragraphs (3), (4),
and (5) and inserting the following:
``(3) Cost-of-living adjustment.--For purposes of paragraph
(2), the cost-of-living adjustment for any calendar year is the
percentage (if any) by which--
``(A) the national average wage index for the
preceding calendar year, exceeds
``(B) such index for calendar year 1998.
``(4) National average wage index for any calendar year.--
For purposes of paragraph (3), the national average wage index
for any calendar year is the average of such index as of
the close of the 12-month period ending on August 31 of such calendar
year.
``(5) National average wage index.--For purposes of this
subsection, the term `national average wage index' has the
meaning given such term by section 209(k)(1) of the Social
Security Act, as in effect on the date of the enactment of this
paragraph.''
(b) Conforming Amendments to Tax Tables To Restart Inflation
Adjustment.--Section 1 of the Internal Revenue Code of 1986 (relating
to tax imposed) is amended by striking subsections (a) through (e) and
inserting the following:
``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
``(1) every married individual (as defined in section 7703)
who makes a single return jointly with his spouse under section
6013, and
``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $43,050...............
15% of taxable income.
Over $43,050 but not over
$104,050.
$6,457.50, plus 28% of the
excess over $43,050.
Over $104,050 but not over
$158,550.
$23,537.50, plus 31% of the
excess over $104,050.
Over $158,550 but not over
$283,150.
$40,432.50, plus 36% of the
excess over $158,550.
Over $283,150..................
$85,288.50 plus 39.6% of the
excess over $283,150.
``(b) Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $34,550...............
15% of taxable income.
Over $34,550 but not over
$89,150.
$5,182.50, plus 28% of the
excess over $34,550.
Over $89,150 but not over
$144,400.
$20,470.50, plus 31% of the
excess over $89,150.
Over $144,400 but not over
$283,150.
$37,598, plus 36% of the excess
over $144,400.
Over $283,150..................
$87,548 plus 39.6% of the
excess over $283,150.
``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads
of Households).--There is hereby imposed on the taxable income of every
individual (other than a married individual (as defined in section
7703) filing a joint return or a separate return, a surviving spouse as
defined in section 2(a), or a head of household as defined in section
2(b)) a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $25,750...............
15% of taxable income.
Over $25,750 but not over
$62,450.
$3,862.50, plus 28% of the
excess over $25,450.
Over $62,450 but not over
$130,250.
$14,138.50, plus 31% of the
excess over $62,450.
Over $130,250 but not over
$283,150.
$35,156.50, plus 36% of the
excess over $130,250.
Over $283,150..................
$90,200.50 plus 39.6% of the
excess over $283,150.
``(d) Married Individuals Filing Separate Returns.--There is hereby
imposed on the taxable income of every married individual (as defined
in section 7703) who does not make a single return jointly with his
spouse under section 6013, a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $21,175...............
15% of taxable income.
Over $21,175 but not over
$52,025.
$3,228.75, plus 28% of the
excess over $21,175.
Over $52,025 but not over
$79,275.
$11,768.75, plus 31% of the
excess over $52,025.
Over $79,275 but not over
$141,575.
$20,216.20, plus 36% of the
excess over $79,275.
Over $141,575..................
$42,644.25 plus 39.6% of the
excess over $141,575.
``(e) Estates and Trusts.--There is hereby imposed on the taxable
income of--
``(1) every estate, and
``(2) every trust,
taxable under this subsection a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $1,750................
15% of taxable income.
Over $1,750 but not over $4,050
$262.50, plus 28% of the excess
over $1,750.
Over $4,050 but not over $6,200
$906.50, plus 31% of the excess
over $4,050.
Over $6,200 but not over $8,450
$1,573, plus 36% of the excess
over $6,200.
Over $8,450....................
$2,383, plus 39.6% of the
excess over $8,450.''
(c) Inflation Adjustment To Apply in Determining Rates for 2000.--
Section 1(f) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``1993'' in paragraph (1) and inserting
``1999'',
(2) by striking ``1992'' in paragraph (3)(B) and inserting
``1998'', and
(3) by striking paragraph (7).
(d) Conforming Amendments.--
(1) The following provisions of the Internal Revenue Code
of 1986 are each amended by striking ``1992'' and inserting
``1998'' each place it appears:
(A) Section 25A(h).
(B) Section 32(j)(1)(B).
(C) Section 41(e)(5)(C).
(D) Section 59(j)(2)(B).
(E) Section 63(c)(4)(B).
(F) Section 68(b)(2)(B).
(G) Section 135(b)(2)(B)(ii).
(H) Section 151(d)(4).
(I) Section 220(g)(2).
(J) Section 221(g)(1)(B).
(K) Section 512(d)(2)(B).
(L) Section 513(h)(2)(C)(ii).
(M) Section 685(c)(3)(B).
(N) Section 877(a)(2).
(O) Section 911(b)(2)(D)(ii)(II).
(P) Section 2032A(a)(3)(B).
(Q) Section 2503(b)(2)(B).
(R) Section 2631(c)(1)(B).
(S) Section 4001(e)(1)(B).
(T) Section 4261(e)(4)(A)(ii).
(U) Section 6039F(d).
(V) Section 6323(i)(4)(B).
(W) Section 6601(j)(3)(B).
(X) Section 7430(c)(1).
(2) Subclause (II) of section 42(h)(6)(G)(i) of such Code
is amended by striking ``1987'' and inserting ``1998''.
(3) Clause (ii) of section 132(f)(6)(A) of such Code, as
amended by section 9010(b)(1) of the Transportation Equity Act
for the 21st Century, is amended by striking ``, by
substituting `calendar year 1998' for `calendar year 1992'.''
and by inserting a period.
(4) Subparagraph (A) of section 132(f)(6) of such Code, as
amended by section 9010(c)(2) of the Transportation Equity Act
for the 21st Century, is amended by striking clause (ii) and
all that follows through ``paragraph (2)(A).'' and inserting:
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins.
In the case of any taxable year beginning in a
calendar year after 2002, section 1(f)(3) shall
be applied by substituting `calendar year 2001'
for `calendar year 1998' for purposes of
adjusting the dollar amount contained in
paragraph (2)(A).''.
(5) Subparagraph (B) of section 6334(g)(1) of such Code is
amended by striking ``, by substituting `calendar year 1998'
for `calendar year 1992' in subparagraph (B) thereof''.
(e) Additional Conforming Amendments.--
(1) Section 42(h)(6)(G)(ii) of the Internal Revenue Code of
1986 is amended--
(A) by striking ``the CPI'' the first and third
places it appears and inserting ``the national average
wage index'',
(B) by striking ``the CPI'' the second place it
appears and inserting ``such index'', and
(C) by striking ``section 1(f)(4)'' and inserting
``section 1(f)(5)''.
(2) Section 162(p)(2) of such Code is amended by striking
``(as defined in section 1(f)(5))''.
(3) Section 213(d)(10)(B)(ii)(I) of such Code is amended by
striking ``(as defined in section 1(f)(5))''.
(4) The last sentence of section 936(j)(4)(C) of such Code
is amended by inserting ``, as in effect for taxable years
beginning before January 1, 1999'' before the period.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 1998.
(2) Conforming amendment.--The amendment made by subsection
(d)(4) shall apply to taxable years beginning after December
31, 2001.
SEC. 3. INFLATION ADJUSTMENT FOR INDIVIDUAL ALTERNATIVE MINIMUM TAX
EXEMPTION AMOUNTS.
(a) In General.--Section 55(d) of the Internal Revenue Code of 1986
(relating to exemption amount) is amended by adding at the end the
following:
``(4) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning after 1999, each of the dollar amounts
contained in paragraph (1) and paragraph (3) (other
than subparagraph (A)(ii) thereof) 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 such
calendar year.
``(B) Rounding.--If any increase determined under
subparagraph (A) is not a multiple of $50, such
increase shall be rounded to the nearest multiple of
$50.''
(b) Conforming Amendment.--Section 55(d)(3)(A) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(A) $150,000 in the case of a taxpayer described
in--
``(i) paragraph (1)(A), or
``(ii) paragraph (2),''.
(c) Effective Dates.--
(1) In general.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1999.
(2) Conforming amendment.--The amendment made by subsection
(b) shall apply to taxable years beginning after December 31,
1998. | Amends the Internal Revenue Code to: (1) increase the maximum taxable income for the 15 percent rate bracket; (2) replace the Consumer Price Index with the national average wage index for purposes of cost-of-living adjustments; and (3) adjust for inflation the exemption amounts used in calculating the alternative minimum tax. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cigarette Fire Safety Act of 2004''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Cigarette ignited fires are the leading cause of fire
deaths in the United States.
(2) In 1999 there were 807 deaths from cigarette ignited
fires, 2,193 civilian injuries from such fires, and
$559,100,000 in property damage caused by such fires.
(3) Nearly 100 children are killed each year from cigarette
related fires.
(4) For over 20 years former Member of Congress Joseph
Moakley worked on behalf of burn victims, firefighters, and
every individual who has lost a loved one in a fire. By
securing enactment of the Cigarette Safety Act of 1984 and the
Fire Safe Cigarette Act of 1990, Joseph Moakley completed the
necessary technical work for a cigarette fire safety standard
and paved the way for a national standard.
(5) It is appropriate for the Congress to require by law
the establishment of a cigarette fire safety standard for the
manufacture and importation of cigarettes.
(6) A recent study by the Consumer Product Safety
Commission found that the cost of the loss of human life and
personal property from not having a cigarette fire safety
standard is $4,600,000,000 per year.
(7) It is appropriate that the regulatory expertise of the
Consumer Product Safety Commission be used to implement a
cigarette fire safety standard.
SEC. 3. CIGARETTE FIRE SAFETY STANDARD.
(a) In General.--
(1) Requirement for standard.--Not later than 18 months
after the date of the enactment of this Act, the Commission
shall, by rule, prescribe one or more fire safety standards for
cigarettes that, except as provided in this Act, are
substantively the same as the standards set forth by the State
of New York in Part 429 of Title 18 of the Official Compilation
of Codes, Rules and Regulations of the State of New York, as
promulgated on December 31, 2003 (in this Act referred to as
the ``New York standard''), including the Appendix to such
Part.
(2) Cigarettes with unique characteristics.--In adapting
section 4(c) of such Part 429, if the Commission determines
that a cigarette, because of its unique or nontraditional
characteristics, cannot be tested in accordance with the test
method prescribed by the Commission, the manufacturer of such
cigarette may propose a test method and performance standard
for such cigarette. If the Commission finds the proposed method
and standard to be equivalent to the test method and
performance standard otherwise established by the Commission,
the Commission may approve the method and standard and the
manufacturer of such cigarette may employ such test method and
performance standard to certify the cigarette pursuant to rules
prescribed by this Act.
(3) Commission.--In this Act, the term ``Commission'' means
the Consumer Product Safety Commission.
(b) Procedure.--
(1) In general.--The rule under subsection (a), and any
modification thereof, shall be prescribed in accordance with
section 553 of title 5, United States Code.
(2) Modifications.--
(A) Modification by sponsor.--If the sponsor of the
testing methodology used under subsection (a)(2)
modifies the testing methodology in any material
respect, the sponsor shall notify the Commission of the
modification, and the Commission may incorporate the
modification in the rule prescribed under subsection
(a) if the Commission determines that the modification
will enhance a fire safety standard established under
subsection (a)(2).
(B) Modification by commission.--The Commission may
modify the rule prescribed under subsection (a),
including the test requirements specified in subsection
(a)(2), in whole or in part, only if the Commission
determines that compliance with such modification is
technically feasible and will enhance a fire safety
standard established under that subsection. Any such
modification shall not take effect earlier than 3 years
after the date on which the rule is first issued.
(3) Inapplicability of certain laws.--
(A) In general.--No Federal law or Executive order,
including the laws listed in subparagraph (B) but not
including chapters 5, 6, 7, and 8 of title 5, United
States Code, commonly referred to as the Administrative
Procedures Act, may be construed to apply to the
promulgation of the rule required by subsection (a), or
a modification of the rule under paragraph (2) of this
subsection.
(B) Included laws.--The Federal laws referred to in
subparagraph (A) include the following:
(i) The Consumer Product Safety Act (15
U.S.C. 2051 et seq.).
(ii) Chapter 6 of title 5, United States
Code.
(iii) The National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(iv) The Small Business Regulatory
Enforcement Fairness Act of 1996 (Public Law
104-121), and the amendments made by that Act.
(c) Effective Date.--The Commission shall specify in the rule
prescribed under subsection (a) the effective date of the rule. The
effective date may not be later than 24 months after the date of the
enactment of this Act.
(d) Treatment of Standard.--
(1) In general.--The fire safety standard promulgated under
subsection (a) shall be treated as a consumer product safety
standard promulgated under the Consumer Product Safety Act (15
U.S.C. 2051 et seq.), except as provided in section 4.
(2) Treatment of cigarettes.--A cigarette shall be treated
as a consumer product under section 3(a)(1)(B) of the Consumer
Product Safety Act (15 U.S.C. 2052(a)(1)(B)) for purposes of
this Act and for purposes of sections 17 and 18 of the Consumer
Product Safety Act (15 U.S.C. 2066, 2067).
SEC. 4. PREEMPTION.
(a) In General.--This Act, and any cigarette fire safety standard
established or modified pursuant to section 3, may not be construed to
preempt or otherwise affect in any way any law or regulation that
prescribes a fire safety standard for cigarettes--
(1) set forth by the State of New York in the New York
standard; or
(2) promulgated by any State that is more stringent than
the fire safety standard for cigarettes established under this
section.
(b) Private Remedies.--The provisions of section 25 of the Consumer
Product Safety Act (15 U.S.C. 2074) shall apply with respect to the
fire safety standard promulgated under section 3(a) of this Act.
SEC. 5. SCOPE OF JURISDICTION OF CONSUMER PRODUCT SAFETY COMMISSION.
Except as otherwise provided in this Act, the Commission shall have
no jurisdiction over tobacco or tobacco products.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Consumer Product Safety Commission for fiscal year
2005, $2,000,000 for purposes of carrying out this Act.
(b) Availability.--Amounts appropriated pursuant to subsection (a)
shall remain available until expended. | Cigarette Fire Safety Act of 2004 - Requires the Consumer Product Safety Commission to prescribe fire safety standards for cigarettes that, except as provided in this Act, are substantively the same as specified standards promulgated by the State of New York.
Directs sponsors of testing methodologies employed under this Act to notify the Commission of any modifications in such methodologies. Authorizes the Commission to modify established fire safety standards to incorporate modifications that will enhance those standards.
Requires fire safety standards promulgated under this Act to be treated as consumer product safety standards, and directs that cigarettes shall be treated as consumer products, under the Consumer Product Safety Act (CPSA).
Precludes the preemption by this Act of the New York standard or more stringent fire safety standards for cigarettes promulgated by any State.
Makes the CPSA's private remedy provisions applicable to fire safety standards promulgated under this Act.
Denies the Commission any jurisdiction over tobacco or tobacco products except as provided in this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Improvements for Special
Needs Beneficiaries Act of 2002''.
SEC. 2. SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS
BENEFICIARIES.
(a) Establishment of Specialized Medicare+Choice Plans for Special
Needs Beneficiaries.--
(1) Treatment as coordinated care plan.--Section
1851(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-
21(a)(2)(A)) is amended by adding at the end the following new
sentence: ``Specialized Medicare+Choice plans for special needs
beneficiaries (as defined in section 1859(b)(4)) may be any
type of coordinated care plan.''.
(2) Specialized medicare+choice plan for special needs
beneficiaries defined.--Section 1859(b) of the Social Security
Act (42 U.S.C. 1395w-28(b)) is amended by adding at the end the
following new paragraph:
``(4) Specialized medicare+choice plans for special needs
beneficiaries.--
``(A) In general.--The term `specialized
Medicare+Choice plan for special needs beneficiaries'
means a Medicare+Choice plan that exclusively serves
special needs beneficiaries (as defined in subparagraph
(B)).
``(B) Special needs beneficiary.--The term `special
needs beneficiary' means a Medicare+Choice eligible
individual who--
``(i) is institutionalized (as defined by
the Secretary);
``(ii) is entitled to medical assistance
under a State plan under title XIX; or
``(iii) meets such other requirements as
the Secretary may establish for purposes of
identifying beneficiaries with a severe and
disabling chronic condition who would benefit
from enrollment in a Medicare+Choice plan
described in subparagraph (A).''.
(3) Restriction on enrollment permitted.--Section 1859 of
the Social Security Act (42 U.S.C. 1395w-28) is amended by
adding at the end the following new subsection:
``(f) Restriction on Enrollment for Specialized Medicare+Choice
Plans for Special Needs Beneficiaries.--In the case of a specialized
Medicare+Choice plan for special needs beneficiaries (as defined in
subsection (b)(4)), notwithstanding any other provision of this part
and in accordance with regulations of the Secretary and for periods
before January 1, 2008, the plan may restrict the enrollment of
individuals under the plan to individuals who are within 1 or more
classes of special needs beneficiaries.''.
(4) Additional requirements for specialized medicare+choice
plans for special needs beneficiaries.--Section 1857(e) of the
Social Security Act (42 U.S.C. 1395w-27(e)) is amended by
adding at the end the following new paragraph:
``(3) Additional requirements for specialized
medicare+choice plans for special needs beneficiaries.--In the
case of a specialized Medicare+Choice plan for special needs
beneficiaries (as defined in section 1859(b)(4)), the contract
shall include additional terms and conditions as follows:
``(A) Clinical delivery system.--
``(i) In general.--Under the contract, the
organization offering the specialized
Medicare+Choice plan for special needs
beneficiaries shall establish a clinical
delivery system that meets the needs of special
needs beneficiaries (as defined in section
1859(b)(4)(B)) enrolled in the plan.
``(ii) Elements.--The clinical delivery
system established under clause (i) shall
include the following:
``(I) A comprehensive patient
assessment and plan of care.
``(II) Methods to prevent, delay,
or minimize the progression of severe
and disabling chronic conditions.
``(III) Care management protocols,
including high-risk screening to
identify factors that may increase the
cost of care provided to special needs
beneficiaries.
``(IV) Appropriate specially
trained health care staff, such as
nurse practitioners, geriatric care
managers, and mental health
professionals.
``(V) Methods for promoting the
integration of care, financing, and
administrative functions across health
care settings.
``(B) Data collection; development of outcome
measures.--
``(i) Data collection.--Under the contract,
the organization offering the specialized
Medicare+Choice plan for special needs
beneficiaries shall--
``(I) collect such data as the
Secretary may specify for the purpose
of monitoring the quality of health
care items and services provided to
special needs beneficiaries enrolled in
the plan, outcomes, and costs,
including functional and diagnostic
data and information collected through
outcome measures developed under clause
(ii);
``(II) maintain, and afford the
Secretary access to, the records
relating to the plan, including
pertinent financial, medical, and
personnel records; and
``(III) make available to the
Secretary reports that the Secretary
finds necessary to monitor the
operation, cost, and effectiveness of
the plan.
``(ii) Development of outcome measures.--
Under the contract, the organization offering
the specialized Medicare+Choice plan for
special needs beneficiaries and the Secretary
shall jointly cooperate in the development and
implementation of health status and quality of
life outcome measures with respect to special
needs beneficiaries (as defined in section
1859(b)(4)(B)) enrolled in the plan.
``(C) Quality assurance; patient safeguards.--The
contract shall require the organization offering the
specialized Medicare+Choice plan for special needs
beneficiaries to have in effect, at a minimum, a
written plan of quality assurance and improvement, and
procedures implementing such plan, in accordance with
regulations.
``(D) Oversight.--The contract shall provide that
the Secretary shall conduct, in addition to any other
review conducted under this part, such review of the
operation of specialized Medicare+Choice plans for
special needs beneficiaries and organizations offering
such plans as may be appropriate in order to ensure the
compliance of the plans and organizations with the
requirements of this part and regulations to carry out
such requirements.''.
(b) Effective Dates.--
(1) In general.--The amendments made by subsection (a)
shall take effect upon the date of enactment of this Act.
(2) Deadline for issuance of requirements for special needs
beneficiaries; transition.--Not later than October 1, 2003, the
Secretary of Health and Human Services shall issue final
regulations to establish requirements for special needs
beneficiaries under section 1859(b)(4)(B)(iii) of the Social
Security Act (as added by subsection (a)(2)).
SEC. 3. GAO REPORT TO CONGRESS ON SPECIALIZED MEDICARE+CHOICE PLANS FOR
SPECIAL NEEDS BENEFICIARIES.
(a) In General.--Not later than December 31, 2006, the Comptroller
General of the United States shall submit to Congress a report that
assesses the impact of specialized Medicare+Choice plans for special
needs beneficiaries (as defined in section 1859(b)(4) of the Social
Security Act (as added by section 2(a)(2))) on the cost and quality of
services provided to enrollees.
(b) Contents.--The report submitted under subsection (a) shall
contain the following elements:
(1) A general assessment of the operations of the
specialized Medicare+Choice plans for special needs
beneficiaries.
(2) Information on the demographics and health status of
beneficiaries enrolled in such plans.
(3) Information on such plans' clinical models of care.
(4) Information on the performance of such plans related to
such quality indicators as the Secretary determines to be
appropriate.
(5) An assessment of the marketing materials and practices
of the plans.
(6) An assessment of the plans' ability to integrate care,
financing, and administrative functions across health care
settings.
(7) A general assessment of the costs and any savings to
the medicare program under title XVIII of the Social Security
Act as a result of amendments made by section 2. | Medicare Improvements for Special Needs Beneficiaries Act of 2002 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to provide for specialized Medicare+Choice plans for special needs beneficiaries and the treatment of such plans as coordinated care plans under Medicare part C. Permits restriction on the enrollment of individuals in a specialized Medicare+Choice plan to special needs beneficiaries. Establishes additional requirements for specialized Medicare+choice plans for special needs beneficiaries. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lorton Correctional Complex Closure
Act''.
SEC. 2. CLOSURE OF THE LORTON CORRECTIONAL COMPLEX.
(a) In General.--Notwithstanding any other provision of law, not
later than 6 years after the date of the enactment of this Act, all
real property and improvements thereon comprising the Lorton
Correctional Complex as of the date of the enactment of this Act (other
than any such property retained by the District of Columbia under the
Implementation Plan described in section 4) shall be transferred to the
Administrator of General Services for disposal in accordance with the
Implementation Plan described in section 4.
(b) Prohibiting Placement of Future District of Columbia Prison
Facilities in Virginia.--No prison, penitentiary, jail, correctional
institution, or related facility of the District of Columbia may be
established in the Commonwealth of Virginia after the date of the
enactment of this Act without the approval of the Governor of Virginia.
SEC. 3. INCARCERATION OF DISTRICT OF COLUMBIA FELONS.
(a) Transfer to Federal Custody.--
(1) In general.--Notwithstanding any other provision of
law, any District of Columbia felon who is committed to the
custody of the Attorney General for a term of imprisonment on
or after the date of the enactment of this Act shall be
incarcerated in a facility designated by the Director of the
Bureau of Prisons, in accordance with such rules as the
Attorney General may establish to assure that the treatment of
District of Columbia felons is similar to the treatment of
other individuals under the control of the Director of the
Bureau of Prisons.
(2) Transition rule.--In the case of an individual
convicted of a felony in the Superior Court of the District of
Columbia who is under the custody and control of the Director
of the District of Columbia Department of Corrections as of the
date of the enactment of this Act, the individual shall be
transferred to the control of the Director of the Bureau of
Prisons not later than 5 years after the date of the enactment
of this Act.
(3) Conforming amendment.--Section 4042 of title 18, United
States Code, is amended--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) provide suitable quarters and provide for the
safekeeping, care and subsistence and for the protection,
instruction and discipline of all District of Columbia felons
(as defined in section 3(b) of the Lorton Correctional Complex
Closure Act) who are sentenced to death or committed to the
custody of the Attorney General for a term of imprisonment.''.
(b) District of Columbia Felon Defined.--The term ``District of
Columbia felon'' means an individual convicted in the Superior Court of
the District of Columbia of an offense punishable by death or
imprisonment for a term exceeding one year (without regard to the
sentence actually imposed), but does not include any individual
convicted in the Superior Court of the District of Columbia of a
misdemeanor offense, as a juvenile offender, or any person detained
pending trial in the Superior Court of the District of Columbia.
SEC. 4. IMPLEMENTATION PLAN.
(a) Description of Plan.--In accordance with the process described
in subsection (b), not later than 18 months after the date of the
enactment of this Act, the Administrator of General Services shall
submit to Congress an Implementation Plan for the closure of the Lorton
Correctional Complex which shall identify actions with respect to each
of the following:
(1) The future use of the land on which the Complex is
located, including (if appropriate) plans for a regional park
at the site.
(2) The need to address the impact of such future uses on
local and regional transportation resources.
(3) If appropriate, the transfer of real property and
improvements thereon to Federal agencies (including the Bureau
of Prisons) for Federal use, the Government of the District of
Columbia, or any other governmental entity.
(4) If appropriate, the disposal of real property or
improvements thereon.
(5) Changes in law or regulation necessary to effect the
purposes of this Act and the closure of the Lorton Correctional
Complex.
(6) Such other actions as considered appropriate by the
Administrator to effectively implement this Act.
(b) Process for Submission of Final Implementation Plan.--
(1) Development and submission of initial proposal by
commission.--Not later than 13 months after the date of the
enactment of the Act, the Commission shall develop and submit
to the Administrator a proposal for the Implementation Plan.
(2) Review of commission proposal.--Not later than 4 months
after receiving the proposal for the Implementation Plan from
the Commission under paragraph (1), the Administrator shall
submit a proposal for the Plan to the Commission for comment
and review.
(3) Comments of commission.--During the 1-month period
beginning on the date the Administrator submits the proposed
final Implementation Plan to the Commission under paragraph
(2), the Commission and each of its members may submit comments
on the Plan to the Administrator. Any comments made by the
Commission or any individual commissioner shall be transmitted
by the Administrator with the final Implementation Plan under
paragraph (4).
(4) Submission of final plan.--Not later than 18 months
after the date of the enactment of this Act, the Administrator
shall submit to Congress the final Implementation Plan for the
closure of the Lorton Correctional Complex.
(c) Automatic Implementation of Plan.--The Implementation Plan
submitted by the Administrator under subsection (b)(4) shall take
effect at the end of the 60-day period beginning on the day such plan
is transmitted to the Speaker of the House of Representatives and the
President of the Senate.
SEC. 5. COMMISSION ON CLOSURE OF LORTON CORRECTIONAL COMPLEX.
(a) Establishment.--There is hereby established a commission to be
known as the Commission on Closure of the Lorton Correctional Complex.
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 11 members appointed not later than 1 month after
the date of the enactment of this Act as follows:
(A) The Fairfax County Board of Supervisors shall
appoint 5 members, one of which shall be specially
qualified by training and experience in matters
relating to regional transportation problems and
issues.
(B) The Prince William County Board of Supervisors
shall appoint 3 members.
(C) The Mayor of the District of Columbia, with the
advice and consent of the District of Columbia City
Council, shall appoint 2 members.
(D) The Administrator shall serve as an ex officio
member.
(2) Continuation of membership.--
(A) General rule.--Except as provided in
subparagraph (B), if a member was appointed to the
Commission because the member was an officer or
employee of any government or if a member is appointed
to the Commission and later becomes an officer or
employee of a government, the member may continue
service on the Commission for not longer than the 30-
day period beginning on the date the member ceases to
be such an officer or employee or becomes such an
officer or employee, as the case may be.
(B) Exception.--Service as a member of the
Commission shall not be discontinued pursuant to
subparagraph (A) in the case of a member who has served
on the Commission for not less than 3 months.
(3) Terms.--Each member of the Commission shall be
appointed for the life of the Commission.
(4) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term, except that a member may serve after the
expiration of that member's term until a successor has taken office. A
vacancy in the Commission shall be filled in the manner in which the
original appointment was made.
(5) Compensation.--No member of the Commission may receive
additional pay, allowances, or benefits by reason of service on
the Commission.
(6) Quorum.--6 members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(7) Chairperson; vice chairperson.--The Chairperson and
Vice Chairperson of the Commission shall be elected by a
majority of the members of the Commission.
(c) Director and Staff; Experts and Consultants.--
(1) Director.--The Commission shall, without regard to
section 5311(b) of title 5, United States Code, have a Director
who shall be appointed by the Commission and paid at the rate
of basic pay payable for Level III of the Executive Schedule.
(2) Appointment and pay of staff.--The Commission may
appoint such personnel as it considers appropriate without
regard to the provisions of title 5, United States Code,
governing appointment to the competitive service. Such
personnel shall be paid in accordance with the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification and General Schedule
pay rates.
(3) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(4) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties.
(d) Powers.--
(1) Hearings and sessions.--
(A) In general.--The Commission may hold hearings,
sit and act at times and places, take testimony, and
receive evidence as the Commission considers
appropriate to carry out its duties under this Act. The
Commission may administer oaths or affirmations to witnesses appearing
before it.
(B) Maximization of local involvement.--The
Commission shall hold its hearings in a place and
manner which maximizes local community involvement,
input, and participation.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(3) Information.--The Commission may secure directly from
any department or agency of the United States any information
necessary to enable it to carry out its duties under this Act.
Upon request of the Chairperson or Vice Chairperson of the
Commission, the head of that department or agency shall furnish
that information to the Commission to the extent otherwise
permitted by law.
(4) Gifts and donations.--The Commission may accept, use,
and dispose of gifts or donations of services or property.
(5) 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.
(6) Administrative support services.--The Administrator
shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
(e) Termination.--The Commission shall terminate 30 days after
submitting its final comments pursuant to section 4(b)(3).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Commission for carrying out its duties under this
Act an amount not to exceed $200,000.
SEC. 6. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services or the Administrator's
designated representative.
(2) Commission.--The term ``Commission'' means the
Commission on Closure of the Lorton Correctional Complex
established under section 5(a).
(3) Lorton correctional complex.--The term ``Lorton
Correctional Complex'' means any District of Columbia
correctional, reformatory, or related facility which is located
in the Commonwealth of Virginia and which is operated under the
authority, control, supervision or management of the District
of Columbia Department of Corrections, the Mayor of the
District of Columbia, or any other agency or official of the
District of Columbia.
(4) Implementation plan.--The term ``Implementation Plan''
means the Implementation Plan described in section 4. | Lorton Correctional Complex Closure Act - Transfers the Lorton Correctional Complex to the Administrator of General Services (within six years) for disposal in accordance with an implementation plan for the closure of the Complex. Prohibits the establishment of any future District of Columbia (DC) prison facility in Virginia without the approval of the Governor of Virginia.
Directs that any DC felon (excluding any individual convicted of a misdemeanor, as a juvenile offender, or any person detained pending trial in DC Superior Court) who is committed to the custody of the Attorney General for a term of imprisonment on or after the enactment date of this Act be incarcerated in a facility designated by the Director of the Bureau of Prisons, in accordance with such rules as the Attorney General may establish to assure that the treatment of such felons is similar to that of others under the control of the Director. Sets forth transition provisions.
Requires the Administrator to submit to the Congress an implementation plan for the closure of the Complex which shall identify actions with respect to the future use of the land on which the Complex is located and other specified issues.
Establishes a Commission on Closure of the Lorton Correctional Complex. Sets forth provisions regarding: (1) a process for submission of the final implementation plan; (2) review of the Commission's proposal; (3) comments by the Commission and its members on the plan to the Administrator; (4) submission of a final plan; (5) automatic implementation of the plan; (6) membership, terms, vacancies, compensation, powers, and termination of the Commission; and (7) staff, experts, and consultants to the Commission. Authorizes appropriations. | [
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] |
SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF TOP-OF-
THE-STOVE STAINLESS STEEL COOKING WARE FROM THE REPUBLIC
OF KOREA ENTERED BETWEEN JANUARY 1, 1999 AND JANUARY 22,
2003.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law and subject to the
provisions of subsection (b), the U.S. Customs and Border Protection
shall, not later than 90 days after the receipt of the request
described in subsection (b), liquidate or reliquidate each entry
described in subsection (d) at the new rate of duty described in that
subsection, to the extent the former rate of duty described in that
subsection was applied to such merchandise on the date of entry.
(b) Requests.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (d)
only if a request therefore is filed with the U.S. Customs and Border
Protection not later than 90 days after the date of the enactment of
this Act.
(c) Payment of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of any entry under
subsection (a) shall be paid not later than 90 days after the date of
such liquidation or reliquidation.
(d) Entries Described.--The entries referred to in subsection (a)
are as follows:
(1) Entry year 1999.--The following entries shall, to the
extent an antidumping rate of duty of 8.10 percent or 7.39
percent was formerly applied, be reliquidated at an antidumping
rate of duty of 1.67 percent:
Entry number........................... Entry date
336 2596739-5........................ 2/4/1999
336 2596857-5........................ 2/9/1999
336 2596897-1........................ 2/9/1999
336 2596977-1........................ 2/11/1999
336 2597059-7........................ 2/11/1999
336 2597136-3........................ 2/17/1999
336 2597190-0........................ 2/17/1999
336 2597293-2........................ 3/1/1999
336 2597320-3........................ 3/1/1999
336 2597368-2........................ 3/9/1999
336 2597491-2........................ 3/18/1999
336 2597536-4........................ 3/18/1999
336 2597601-6........................ 3/18/1999
336 2597793-1........................ 3/19/1999
336 2597808-7........................ 3/25/1999
336 2597636-2........................ 3/25/1999
336 2597671-9........................ 3/31/1999
336 2597901-0........................ 3/31/1999
336 2597966-3........................ 4/7/1999
336 2598053-9........................ 4/7/1999
336 2598123-0........................ 4/14/1999
336 2598124-8........................ 4/23/1999
336 2598238-6........................ 4/23/1999
336 2598511-6........................ 5/3/1999
336 2598510-8........................ 5/4/1999
336 2598268-3........................ 5/11/1999
336 2598269-1........................ 5/11/1999
336 2598600-7........................ 5/12/1999
336 2598601-5........................ 5/12/1999
336 2598739-3........................ 5/18/1999
336 2598740-1........................ 5/18/1999
336 2598755-9........................ 5/25/1999
336 2598756-7........................ 5/25/1999
336 2598969-6........................ 6/4/1999
336 2598970-4........................ 6/4/1999
336 2599136-1........................ 6/4/1999
336 2599137-9........................ 6/4/1999
336 2599179-1........................ 6/11/1999
336 2599725-1........................ 6/21/1999
336 2599726-9........................ 6/21/1999
336 2599484-5........................ 6/30/1999
336 2599485-2........................ 6/30/1999
336 2599651-9........................ 7/6/1999
336 2599652-7........................ 7/6/1999
336 2599787-1........................ 7/14/1999
336 2599788-9........................ 7/14/1999
336 2599916-6........................ 7/19/1999
336 2600049-3........................ 7/30/1999
336 2600050-1........................ 7/30/1999
336 2600201-0........................ 8/5/1999
336 2600202-8........................ 8/5/1999
336 2600361-2........................ 8/12/1999
336 2600362-0........................ 8/12/1999
336 2600484-2........................ 8/18/1999
336 2600525-2........................ 8/18/1999
336 2600663-1........................ 8/31/1999
336 2600664-9........................ 8/31/1999
336 2600787-8........................ 9/3/1999
336 2600788-6........................ 9/3/1999
336 2600996-5........................ 9/23/1999
336 2600997-3........................ 9/23/1999
336 2601187-0........................ 9/29/1999
336 2601188-8........................ 9/29/1999
336 2601189-6........................ 10/1/1999
336 2601190-4........................ 10/1/1999
336 2601431-2........................ 10/5/1999
336 2601432-0........................ 10/5/1999
336 2601519-4........................ 10/8/1999
336 2601520-2........................ 10/8/1999
336 2601529-3........................ 10/12/1999
336 2601530-1........................ 10/12/1999
336 2601655-6........................ 10/19/1999
336 2601656-4........................ 10/19/1999
336 2601797-6........................ 10/22/1999
336 2601798-4........................ 10/22/1999
336 2601800-8........................ 11/3/1999
336 2601799-2........................ 11/4/1999
336 2601950-1........................ 11/10/1999
336 2601951-9........................ 11/10/1999
336 2602201-8........................ 11/16/1999
336 2602202-6........................ 11/16/1999
336 2602319-8........................ 11/22/1999
336 2602320-6........................ 11/22/1999
336 2602404-8........................ 12/1/1999
336 2602405-5........................ 12/1/1999
336 2602633-2........................ 12/6/1999
336 2602632-4........................ 12/8/1999
336 2602772-8........................ 12/15/1999
336 2602773-6........................ 12/15/1999
336 2602845-2........................ 12/22/1999
336 2602846-0........................ 12/22/1999
336 2602979-9........................ 12/29/1999
336 2602980-7........................ 12/29/1999
(2) Entry year 2000.--The following entries shall, to the
extent an antidumping rate of 7.39 percent was formerly
applied, be reliquidated at an antidumping rate of duty of 1.26
percent:
Entry number Entry date
336 2603169-6........................ 1/3/2000
336 2607879-6........................ 1/15/2000
739 6029431-9........................ 1/31/2000
739 6029704-9........................ 2/8/2000
739 6029699-1........................ 2/10/2000
739 6029930-0........................ 2/16/2000
008 0635322-3........................ 2/21/2000
739 6030272-4........................ 2/24/2000
336 2604255-2........................ 3/3/2000
739 6030562-8........................ 3/7/2000
739 6030738-4........................ 3/8/2000
336 2604432-7........................ 3/10/2000
739 6031041-2........................ 3/15/2000
739 6031221-0........................ 3/21/2000
739 6031220-2........................ 3/21/2000
739 6031198-0........................ 3/22/2000
336 2604516-7........................ 3/27/2000
008 0635935-2........................ 3/28/2000
739 6031554-4........................ 3/29/2000
739 6031329-1........................ 3/30/2000
739 6031484-4........................ 4/3/2000
336 2604723-9........................ 4/6/2000
336 2604895-5........................ 4/11/2000
336 2605088-6........................ 4/14/2000
739 6032412-4........................ 4/23/2000
008 0636281-0........................ 4/23/2000
739 6031967-8........................ 4/24/2000
739 6032414-0........................ 4/24/2000
739 6032703-6........................ 5/2/2000
739 6032745-7........................ 5/2/2000
336 2605234-6........................ 5/5/2000
739 6032999-0........................ 5/9/2000
739 6033467-7........................ 5/23/2000
739 6033484-2........................ 5/23/2000
336 2605320-3........................ 6/15/2000
336 2605636-2........................ 6/16/2000
739 6034538-4........................ 6/16/2000
336 2605656-0........................ 6/19/2000
336 2605691-7........................ 6/20/2000
336 2606008-3........................ 7/6/2000
336 2606173-5........................ 7/10/2000
739 6035525-0........................ 7/13/2000
739 6035507-8........................ 7/13/2000
336 2606449-9........................ 7/19/2000
739 6035801-5........................ 7/20/2000
739 6035707-4........................ 7/20/2000
336 2606538-9........................ 7/26/2000
336 2606646-0........................ 8/3/2000
739 6036406-2........................ 8/3/2000
739 6036408-8........................ 8/3/2000
739 6036384-1........................ 8/4/2000
336 2606921-7........................ 8/9/2000
336 2607439-9........................ 8/17/2000
336 2607447-2........................ 8/18/2000
336 2607838-2........................ 8/22/2000
739 6037536-5........................ 9/12/2000
739 6038089-4........................ 9/19/2000
739 6038497-9........................ 10/2/2000
739 6038899-6........................ 10/11/2000
739 6039461-4........................ 10/25/2000
739 6039311-1........................ 10/30/2000
336 2608716-9........................ 11/3/2000
336 2608719-3........................ 11/3/2000
739 6039841-7........................ 11/7/2000
739 6039718-7........................ 11/7/2000
336 2609709-3........................ 11/8/2000
336 2608722-7........................ 11/8/2000
336 9412013-2........................ 11/10/2000
336 2609529-5........................ 11/16/2000
739 6040100-5........................ 11/16/2000
336 9412016-5........................ 11/17/2000
336 9412019-9........................ 11/21/2000
739 6040227-6........................ 11/25/2000
739 6039607-2........................ 11/28/2000
336 9412334-2........................ 11/30/2000
336 9412337-5........................ 11/30/2000
739 6040875-2........................ 12/9/2000
739 6040981-8........................ 12/12/2000
336 9412631-1........................ 12/13/2000
739 6041062-6........................ 12/17/2000
336 9412634-5........................ 12/19/2000
739 6041145-9........................ 12/20/2000
336 9412637-8........................ 12/21/2000
336 9412899-4........................ 12/26/2000
336 9412965-3........................ 12/28/2000
739 6041516-1........................ 12/30/2000
(3) Entry year 2001.--The following entries shall, to the
extent an antidumping rate of duty of 7.39 percent or 1.67
percent was formerly applied, be reliquidated at an antidumping
rate of duty of 0.90 percent:
Entry number........................... Entry date
739 6041721-7........................ 1/3/2001
336 9412562-8........................ 1/5/2001
336 9413082-6........................ 1/5/2001
008 0641141-9........................ 1/5/2001
008 0641202-9........................ 1/11/2001
336 9413358-0........................ 1/12/2001
336 2608124-6........................ 1/15/2001
336 9413361-4........................ 1/15/2001
336 9412279-9........................ 1/16/2001
739 6042228-2........................ 1/18/2001
739 6042223-3........................ 1/18/2001
336 9413426-5........................ 1/19/2001
336 9413444-8........................ 1/19/2001
739 6042405-6........................ 1/23/2001
336 9413518-9........................ 1/25/2001
739 6042480-9........................ 1/26/2001
336 9413814-2........................ 2/5/2001
739 6042833-9........................ 2/5/2001
739 6042954-3........................ 2/7/2001
336 9413894-4........................ 2/8/2001
739 6042931-1........................ 2/10/2001
336 9414162-5........................ 2/23/2001
739 6043410-5........................ 2/24/2001
336 9414223-5........................ 3/7/2001
739 6043950-0........................ 3/7/2001
336 9414325-8........................ 3/20/2001
336 9414331-6........................ 3/28/2001
336 9414333-2........................ 3/29/2001
336 9415452-9........................ 4/2/2001
336 9415449-5........................ 4/4/2001
336 9415454-5........................ 4/25/2001
336 9415456-0........................ 4/25/2001
739 6047935-7........................ 6/12/2001
739 6047856-5........................ 6/14/2001
739 6047934-0........................ 6/14/2001
739 6048091-8........................ 6/21/2001
336 9567582-9........................ 6/25/2001
336 9415457-8........................ 7/6/2001
739 6048879-6........................ 7/9/2001
739 6048948-9........................ 7/10/2001
336 9568422-7........................ 7/13/2001
739 6049096-6........................ 7/16/2001
336 9568425-0........................ 7/19/2001
739 6049296-2........................ 7/20/2001
739 6049301-0........................ 7/20/2001
739 6049300-2........................ 7/20/2001
739 6049299-6........................ 7/21/2001
739 6049553-6........................ 7/25/2001
336 9568427-6........................ 8/1/2001
739 6049985-0........................ 8/8/2001
739 6050161-4........................ 8/14/2001
739 6050233-1........................ 8/14/2001
336 9568429-2........................ 8/16/2001
336 9568431-8........................ 8/27/2001
739 6050759-5........................ 8/29/2001
739 6050761-1........................ 8/29/2001
739 6050762-9........................ 8/29/2001
739 6050789-2........................ 8/29/2001
336 9568435-9........................ 9/5/2001
220 1012341-6........................ 9/19/2001
220 1012344-0........................ 9/19/2001
220 1012345-7........................ 9/19/2001
336 9568433-4........................ 9/20/2001
336 9568437-5........................ 9/21/2001
336 9568439-1........................ 9/21/2001
739 6051534-1........................ 9/21/2001
739 6051498-9........................ 9/24/2001
336 9568441-7........................ 10/1/2001
336 9568443-3........................ 10/2/2001
739 6052003-6........................ 10/5/2001
336 9568445-8........................ 10/8/2001
336 9568449-0........................ 10/11/2001
739 6052333-7........................ 10/11/2001
336 9568447-4........................ 10/17/2001
739 6052539-9........................ 10/17/2001
739 6052581-1........................ 10/18/2001
739 6052580-3........................ 10/19/2001
739 6052582-9........................ 10/19/2001
739 6052588-6........................ 10/20/2001
336 9568451-6........................ 11/5/2001
739 6053140-5........................ 11/7/2001
336 9568453-2........................ 11/12/2001
739 6053218-9........................ 11/12/2001
739 6053346-8........................ 11/12/2001
739 6053347-6........................ 11/12/2001
336 9568455-7........................ 11/14/2001
739 6053420-1........................ 11/14/2001
336 9568457-3........................ 11/23/2001
336 9568459-9........................ 11/30/2001
336 9568464-9........................ 12/5/2001
739 6054285-7........................ 12/7/2001
739 6054242-8........................ 12/11/2001
739 6054279-0........................ 12/11/2001
739 6054290-7........................ 12/11/2001
336 9573250-5........................ 12/17/2001
739 6054492-9........................ 12/18/2001
739 6054501-7........................ 12/18/2001
336 9573252-1........................ 12/26/2001
(4) Entry year 2002.--The following entries shall, to the
extent an antidumping rate of duty of 1.67 percent or 1.26
percent was formerly applied, be reliquidated at an antidumping
rate of duty of 0.90 percent:
Entry number........................... Entry date
739 6055104-9........................ 1/2/2002
336 9573254-7........................ 1/3/2002
336 2605850-9........................ 1/7/2002
336 9903585-5........................ 1/9/2002
336 9573496-4........................ 1/11/2002
739 6055356-5........................ 1/11/2002
739 6055488-6........................ 1/14/2002
336 9903640-8........................ 1/15/2002
739 6055586-7........................ 1/15/2002
336 9903642-4........................ 1/18/2002
336 9573258-8........................ 1/18/2002
739 6055963-8........................ 1/25/2002
739 6055954-7........................ 1/29/2002
739 6056226-9........................ 2/6/2002
739 6056338-2........................ 2/6/2002
739 6056433-1........................ 2/12/2002
739 6056623-7........................ 2/19/2002
739 6056968-6........................ 2/28/2002
739 6056967-8........................ 3/2/2002
739 6057410-8........................ 3/12/2002
739 6057409-0........................ 3/15/2002
739 6057973-5........................ 3/29/2002
739 6058682-1........................ 4/18/2002
739 6058950-2........................ 4/27/2002
739 6058971-8........................ 4/27/2002
JG6 8804702-0........................ 5/9/2002
739 6059602-8........................ 5/15/2002
739 6059573-1........................ 5/15/2002
739 6059603-6........................ 5/15/2002
JG6 8804788-9........................ 5/16/2002
JG6 8804733-5........................ 5/16/2002
739 6059792-7........................ 5/22/2002
JG6 8804897-8........................ 5/25/2002
JG6 8805011-5........................ 5/30/2002
JG6 8804965-3........................ 6/3/2002
JG6 8804917-4........................ 6/3/2002
739 6060475-6........................ 6/10/2002
739 6060821-1........................ 6/14/2002
739 6060772-6........................ 6/18/2002
739 6061068-8........................ 6/22/2002
739 6061103-3........................ 6/23/2002
739 6061069-6........................ 6/23/2002
739 6061895-4........................ 7/10/2002
739 6061776-6........................ 7/12/2002
739 6062689-0........................ 7/28/2002
739 6063735-0........................ 8/20/2002
739 6063709-5........................ 8/20/2002
739 6063710-3........................ 8/20/2002
739 6064286-3........................ 9/3/2002
739 6065264-9........................ 9/22/2002
739 6065240-9........................ 9/22/2002
739 6065872-9........................ 10/6/2002
(5) Entry year 2003.--The following entries shall, to the
extent an antidumping rate of duty of 1.26 percent was formerly
applied, be reliquidated at an antidumping rate of duty of 0.90
percent:
Entry number........................... Entry date
739 6069860-0........................ 1/5/2003
739 6070029-9........................ 1/12/2003
739 6070500-9........................ 1/22/2003
739 6070760-9........................ 1/26/2003
739 6070759-1........................ 1/26/2003
739 6070914-2........................ 1/29/2003 | Directs U.S. Customs and Border Protection to liquidate or reliquidate certain entries of top-of-the-stove stainless steel cooking ware from the Republic of Korea. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outer Continental Shelf Permit
Processing Coordination Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coordination office.--The term ``coordination office''
means a regional joint outer Continental Shelf lease and permit
processing coordination office established under section 3(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. OUTER CONTINENTAL SHELF PERMIT PROCESSING COORDINATION OFFICES.
(a) Establishment.--The Secretary shall establish--
(1) a regional joint outer Continental Shelf lease and
permit processing coordination office for the Alaska region of
the outer Continental Shelf; and
(2) subject to subsection (c)--
(A) a regional joint outer Continental Shelf lease
and permit processing coordination office for the
Atlantic region of the outer Continental Shelf; and
(B) a regional joint outer Continental Shelf lease
and permit processing coordination office for the
Pacific region of the outer Continental Shelf.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for the purposes of carrying out
this section with--
(A) the Secretary of Commerce;
(B) the Chief of Engineers;
(C) the Administrator of the Environmental
Protection Agency;
(D) the head of any other Federal agency that may
have a role in permitting activities; and
(E) in the case of the coordination office
described in subsection (a)(1), the head of each
borough government that is located adjacent to any
active lease area.
(2) State participation.--The Secretary shall request that
the Governor of a State adjacent to the applicable outer
Continental Shelf region be a signatory to the memorandum of
understanding.
(c) Date of Establishment.--A coordination office described in
subparagraph (A) or (B) of subsection (a)(2) shall not be established
until the date on which a proposed lease sale is conducted for the
Atlantic or Pacific region of the outer Continental Shelf, as
applicable.
(d) Designation of Qualified Staff.--
(1) In general.--Each Federal signatory party shall, if
appropriate, assign to each of the coordination offices an
employee who has expertise in the regulatory issues
administered by the office in which the employee is employed
relating to leasing and the permitting of oil and gas
activities on the outer Continental Shelf by the date that is--
(A) in the case of the coordination office
described in subsection (a)(1), not later than 30 days
after the date of the signing of the memorandum of
understanding relating to the applicable coordination
office under subsection (b); or
(B) in the case of a coordination office
established under subsection (a)(2), not later than 30
days after the date of establishment of the applicable
coordination office under subsection (c).
(2) Duties.--An employee assigned under paragraph (1)
shall--
(A) not later than 90 days after the date of
assignment, report to the applicable coordination
office;
(B) be responsible for all issues relating to the
jurisdiction of the home office or agency of the
employee; and
(C) participate as part of the applicable team of
personnel working on proposed oil and gas leasing and
permitting, including planning and environmental
analyses.
(e) Transfer of Funds.--For the purposes of coordination and
processing of oil and gas use authorizations for the applicable outer
Continental Shelf region, the Secretary may authorize the expenditure
or transfer of such funds as are necessary to--
(1) the Secretary of Commerce;
(2) the Chief of Engineers;
(3) the Administrator of the Environmental Protection
Agency;
(4) the head of any other Federal agency having a role in
permitting activities;
(5) any State adjacent to the applicable outer Continental
Shelf region; and
(6) in the case of the coordination office described in
subsection (a)(1), the head of each borough government that is
located adjacent to any active lease area.
(f) Effect.--Nothing in this section--
(1) authorizes the establishment of a regional joint outer
Continental Shelf lease and permit processing coordination
office for the Gulf of Mexico region of the outer Continental
Shelf;
(2) affects the operation of any Federal or State law; or
(3) affects any delegation of authority made by the head of
a Federal agency for employees that are assigned to a
coordination office.
(g) Funding.--
(1) In general.--There is authorized to be appropriated
$2,000,000 for the coordination office described in subsection
(a)(1) for each of fiscal years 2011 through 2021, to remain
available until expended.
(2) Other coordination offices.--Notwithstanding any other
provision of law--
(A) of the amounts received by the Secretary from
the sale of bonus bids in the Atlantic region of the
outer Continental Shelf Continental Shelf region,
$2,000,000 shall be made available for the applicable
coordination office described in subsection (A)(2)(A)
for the fiscal year; and
(B) of the amounts received by the Secretary from
the sale of bonus bids in the Pacific region of the
outer Continental Shelf Continental Shelf region,
$2,000,000 shall be made available for the applicable
coordination office described in subsection (A)(2)(B)
for the fiscal year.
SEC. 4. JUDICIAL REVIEW.
(a) Exclusive Jurisdiction.--Except for review by the Supreme Court
on writ of certiorari, the United States Court of Appeals for the
District of Columbia Circuit shall have original and exclusive
jurisdiction to review any claim relating to an action by the
Administrator of the Environmental Protection Agency or the Secretary
of the Interior with respect to the review, approval, denial, or
issuance of an oil or natural gas lease or permit in the area of the
outer Continental Shelf described in section 3(a)(1).
(b) Deadline for Filing Claim.--A claim described in subsection (a)
may be brought not later than 60 days after the date of the action
giving rise to the claim.
(c) Expedited Consideration.--The United States Court of Appeals
for the District of Columbia Circuit shall set any action brought under
subsection (a) for expedited consideration, taking into account the
national interest of enhancing national energy security by providing
access to the significant oil and natural gas resources in the area of
the outer Continental Shelf described in section 3(a)(1) that are
needed to meet the anticipated demand for oil and natural gas. | Outer Continental Shelf Permit Processing Coordination Act - Directs the Secretary of the Interior to establish three regional joint outer Continental Shelf (OCS) lease and permit processing coordination offices, one for the Alaska region of the OCS, one for the Atlantic region, and one for the Pacific region. | [
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1,
1
] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pathogen Reduction and Testing
Reform Act of 2014''.
SEC. 2. PRODUCTS CONTAINING CERTAIN PATHOGENS OR CONTAMINANTS
ADULTERATED.
(a) Meat and Meat Food Products.--Section 1(m) of the Federal Meat
Inspection Act (21 U.S.C. 601(m)) is amended--
(1) in paragraph (1)--
(A) by inserting ``or a microbial pathogen that is
associated with serious illness or death'' after
``which may render it injurious to health''; and
(B) by inserting ``or such a microbial pathogen''
after ``added substance''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (C), (D), and (E), respectively;
(B) by inserting after subparagraph (A) the
following new subparagraph:
``(B) if it bears or contains a strain of a microbial
pathogen, such as Campylobacter or Salmonella, that is
resistant to not less than two critically important antibiotics
for human medicine (as specified in the World Health
Organization's list of Critically Important Antimicrobials);'';
and
(C) in subparagraph (E) (as redesignated by
subparagraph (A)) by striking ``clause (B), (C), or
(D)'' and inserting ``this subparagraph or subparagraph
(C) or (D)''.
(b) Poultry and Poultry Products.--Section 4(g) of the Poultry
Products Inspection Act (21 U.S.C. 453(g)) is amended--
(1) in paragraph (1)--
(A) by inserting ``or a microbial pathogen that is
associated with serious illness or death'' after
``which may render it injurious to health''; and
(B) by inserting ``or such a microbial pathogen''
after ``added substance''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (C), (D), and (E), respectively;
(B) by inserting after subparagraph (A) the
following new subparagraph:
``(B) if it bears or contains a strain of a microbial
pathogen, such as Campylobacter or Salmonella, that is
resistant to not less than two critically important antibiotics
for human medicine (as specified in the World Health
Organization's list of Critically Important Antimicrobials);'';
and
(C) in subparagraph (E) (as redesignated by
subparagraph (A)) by striking ``clause (B), (C), or
(D)'' and inserting ``this subparagraph or subparagraph
(C) or (D)''.
(c) Eggs and Egg Products.--Section 4(a) of the Egg Products
Inspection Act (21 U.S.C. 1033(a)) is amended--
(1) in paragraph (1)--
(A) by inserting ``or a microbial pathogen that is
associated with serious illness or death'' after
``which may render it injurious to health''; and
(B) by inserting ``or such a microbial pathogen''
after ``added substance''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (C), (D), and (E), respectively;
(B) by inserting after subparagraph (A) the
following new subparagraph:
``(B) if it bears or contains a strain of a microbial
pathogen, such as Campylobacter or Salmonella, that is
resistant to not less than two critically important antibiotics
for human medicine (as specified in the World Health
Organization's list of Critically Important Antimicrobials);'';
and
(C) in subparagraph (E) (as redesignated by
subparagraph (A)) by striking ``clause (B), (C), or
(D)'' and inserting ``this subparagraph or subparagraph
(C) or (D)''.
SEC. 3. TESTING FOR CERTAIN PATHOGENS OR CONTAMINANTS REQUIRED.
(a) Meat and Meat Food Products.--The Federal Meat Inspection Act
is amended by inserting after section 9 (21 U.S.C. 609) the following
new section:
``SEC. 9A. TESTING FOR CERTAIN PATHOGENS OR CONTAMINANTS REQUIRED.
``Not later than one year after the date of the enactment of this
section, the Secretary shall, for purposes of examinations or
inspections conducted under this Act, establish sampling protocols and
testing procedures using the methods and technologies the Secretary
determines are most appropriate--
``(1) to determine if meat and meat food products are
adulterated within the meaning of paragraph (1) or (2)(B) of
section 1(m); and
``(2) to prevent the use in commerce of any product that is
determined to be so adulterated.''.
(b) Poultry and Poultry Products.--The Poultry Products Inspection
Act is amended by inserting after section 8 (21 U.S.C. 457) the
following new section:
``SEC. 8A. TESTING FOR CERTAIN PATHOGENS OR CONTAMINANTS REQUIRED.
``Not later than one year after the date of the enactment of this
section, the Secretary shall, for purposes of examinations or
inspections conducted under this Act, establish sampling protocols and
testing procedures using the methods and technologies the Secretary
determines are most appropriate--
``(1) to determine if poultry and poultry products are
adulterated within the meaning of paragraph (1) or (2)(B) of
section 4(g); and
``(2) to prevent the entry into or flow or movement in
commerce of, or the burdening of commerce by, any such product
that is determined to be so adulterated.''.
(c) Egg and Egg Products.--The Egg Products Inspection Act is
amended by inserting after section 7 (21 U.S.C. 1036) the following new
section:
``SEC. 7A. TESTING FOR CERTAIN PATHOGENS OR CONTAMINANTS REQUIRED.
``Not later than one year after the date of the enactment of this
section, the Secretary shall, for purposes of examinations or
inspections conducted under this Act, establish sampling protocols and
testing procedures using the methods and technologies the Secretary
determines are most appropriate--
``(1) to determine if eggs and egg products are adulterated
within the meaning of paragraph (1) or (2)(B) of section 4(a);
and
``(2) to prevent the entry into or flow or movement in
commerce of, or the burdening of commerce by, any such product
that is determined to be so adulterated.''.
SEC. 4. REGULATIONS; EFFECTIVE DATE.
(a) Regulations.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Agriculture shall issue
regulations to carry out the amendments made by this Act.
(b) Effective Date.--The amendments made by this Act shall apply
with respect to meat and meat food products, poultry and poultry
products, and eggs and egg products entering into interstate or foreign
commerce on or after the date of the enactment of this Act. | Pathogen Reduction and Testing Reform Act of 2014 - Amends the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to revise the definition of "adulterated" to make explicit the Department of Agriculture's (USDA's) authority to issue a recall of meat, poultry, and egg products that contain microbial pathogens associated with serious illness or death or are resistant to two or more antibiotics critically important for human medicine. Requires the USDA to establish sampling protocols and testing procedures necessary to determine if meat, poultry, and egg products are adulterated under this Act and to prevent the entry, flow, or movement of those products into commerce. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Peninsula Subsurface
Consolidation Act of 1993''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Agency.--The term agency--
(A) means--
(i) any instrumentality of the United
States; and
(ii) any Government corporation (as defined
in section 9101(1) of title 31, United States
Code); and
(B) includes any element of an agency.
(2) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the same meaning as is provided for ``Native
Corporation'' in section 3(m) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(m)).
(3) Koniag.--The term ``Koniag'' means Koniag,
Incorporated, which is a Regional Corporation.
(4) Koniag account.--The term ``Koniag Account'' means the
account established under section 4.
(5) Property.--The term ``property'' has the same meaning
as is provided in section 12(b)(7)(vii) of Public Law 94-204
(43 U.S.C. 1611 note).
(6) Regional corporation.--The term ``Regional
Corporation'' has the same meaning as is provided in section
3(g) of the Alaska Native Claims Settlement Act (43 U.S.C.
1602(g)).
(7) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the Interior.
(8) Selection rights.--The term ``selection rights'' means
those rights granted to Koniag, pursuant to subsections (a) and
(b) of section 12, and section 14(h)(8), of the Alaska Native
Claims Settlement Act (43 U.S.C. 1611 and 1613(h)(8)), to
receive title to the oil and gas rights and other interests in
the subsurface estate of the approximately 275,000 acres of
public lands in the State of Alaska identified as ``Koniag
Selections'' on the map entitled ``Koniag Interest Lands,
Alaska Peninsula'', dated May 1989.
SEC. 3. ACQUISITION OF KONIAG SELECTION RIGHTS.
-(-a-) -I-n -G-e-n-e-r-a-l-.--
-(-1-) -T-e-n-d-e-r -o-f -r-e-l-i-n-q-u-i-s-h-m-e-n-t
-a-n-d -a-c-c-e-p-t-a-n-c-e-.----I-f -t-h-e -S-e-c-r-e-t-a-r-y
-r-e-c-e-i-v-e-s -f-r-o-m -K-o-n-i-a-g -a -t-i-m-e-l-y
-t-e-n-d-e-r -o-f -r-e-l-i-n-q-u-i-s-h-m-e-n-t -o-f -t-h-e
-s-e-l-e-c-t-i-o-n -r-i-g-h-t-s-, -t-h-e -S-e-c-r-e-t-a-r-y
-s-h-a-l-l---
-(-A-) -a-c-c-e-p-t -t-h-e -t-e-n-d-e-r -n-o-t
-l-a-t-e-r -t-h-a-n -6-0 -d-a-y-s -a-f-t-e-r -t-h-e
-d-a-t-e -o-f -t-h-e -r-e-c-e-i-p-t -o-f -t-h-e
-t-e-n-d-e-r-; -a-n-d
-(-B-) -n-o-t-i-f-y -t-h-e -S-e-c-r-e-t-a-r-y -o-f
-t-h-e -T-r-e-a-s-u-r-y -o-f -t-h-e
-a-c-c-e-p-t-a-n-c-e -o-f -t-h-e -t-e-n-d-e-r-.
-(-2-) -T-i-m-e-l-i-n-e-s-s-.---
-(-A-) -I-n -g-e-n-e-r-a-l-.----F-o-r -t-h-e
-p-u-r-p-o-s-e -o-f -p-a-r-a-g-r-a-p-h -(-1-) -a-n-d
-s-u-b-j-e-c-t -t-o -s-u-b-p-a-r-a-g-r-a-p-h -(-B-)-,
-a -t-e-n-d-e-r -b-y -K-o-n-i-a-g -s-h-a-l-l -b-e
-t-i-m-e-l-y -i-f -t-h-e -t-e-n-d-e-r -i-s
-r-e-c-e-i-v-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -n-o-t
-l-a-t-e-r -t-h-a-n -1-8-0 -d-a-y-s -a-f-t-e-r -t-h-e
-l-a-t-e-r -o-f---
-(-i-) -t-h-e -d-a-t-e -o-f -t-h-e
-r-e-c-e-i-p-t -b-y -K-o-n-i-a-g -o-f -t-h-e
-d-e-t-e-r-m-i-n-a-t-i-o-n -b-y -t-h-e
-S-e-c-r-e-t-a-r-y -o-f -t-h-e -v-a-l-u-e -o-f
-t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s
-p-u-r-s-u-a-n-t -t-o -s-u-b-s-e-c-t-i-o-n
-(-b-)-; -o-r
-(-i-i-) -t-h-e -d-a-t-e -o-f -t-h-e
-f-i-n-a-l -r-e-s-o-l-u-t-i-o-n -o-f -a-n-y
-d-i-s-p-u-t-e -r-e-g-a-r-d-i-n-g -t-h-e
-v-a-l-u-e -o-f -t-h-e -s-e-l-e-c-t-i-o-n
-r-i-g-h-t-s -u-n-d-e-r -s-u-b-s-e-c-t-i-o-n
-(-b-)-.
-(-B-) -M-o-d-i-f-i-c-a-t-i-o-n-.----T-h-e
-S-e-c-r-e-t-a-r-y -a-n-d -K-o-n-i-a-g -m-a-y
-a-g-r-e-e -t-o -m-o-d-i-f-y -t-h-e -d-e-a-d-l-i-n-e
-e-s-t-a-b-l-i-s-h-e-d -u-n-d-e-r
-s-u-b-p-a-r-a-g-r-a-p-h -(-A-)-.
(a) The Secretary shall determine, pursuant to subsection (b)
hereof, the value of Selection Rights which Koniag possesses within the
boundaries of Aniakchak National Monument and Preserve, Alaska
Peninsula National Wildlife Refuge, and Becharof National Wildlife
Refuge.
(b) Value.--
(1) In general.--The value of the selection rights shall be
equal to the fair market value of--
(A) the oil and gas interests in the lands or
interests in lands that are the subject of the
selection rights; and
(B) in the case of the lands or interests in lands
for which Koniag is to receive the entire subsurface
estate, the subsurface estate of the lands or interests
in lands that are the subject of the selection rights.
(2) Appraisal.--
(A) Selection of appraiser.--
(i) In general.--Not later than 90 days
after the date of enactment of this Act, the
Secretary and Koniag shall meet to select a
qualified appraiser to conduct an appraisal of
the selection rights. Subject to clause (ii),
the appraiser shall be selected by the mutual
agreement of the Secretary and Koniag.
(ii) Failure to agree.--If the Secretary
and Koniag fail to agree on an appraiser by the
date that is 60 days after the date of the
initial meeting referred to in clause (i), the
Secretary and Koniag shall, by the date that is
not later than 90 days after the date of the
initial meeting, each designate an appraiser
who is qualified to perform the appraisal. The
2 appraisers so identified shall select a third
qualified appraiser who shall perform the
appraisal.
(B) Standards and methodology.--The appraisal
shall--
(i) be conducted in conformity with the
standards of the Appraisal Foundation (as
defined in section 1121(9) of the Financial
Institutions Reform, Recovery, and Enforcement
Act of 1989 (12 U.S.C. 3350(9)); and
-(-i-i-) -u-t-i-l-i-z-e -t-h-e
-m-e-t-h-o-d-o-l-o-g-y -c-u-s-t-o-m-a-r-i-l-y
-u-s-e-d -b-y -t-h-e -M-i-n-e-r-a-l-s
-M-a-n-a-g-e-m-e-n-t -S-e-r-v-i-c-e -o-f -t-h-e
-D-e-p-a-r-t-m-e-n-t -o-f -t-h-e
-I-n-t-e-r-i-o-r-.
(ii) utilize risk adjusted discounted cash
flow methodology.
(C) Submission of appraisal report.--Not later than
180 days after the selection of an appraiser pursuant
to subparagraph (A), the appraiser shall submit to the
Secretary and to Koniag a written appraisal report
specifying the value of the selection rights and the
methodology used to arrive at the value.
(3) Determination of value.--
(A) Determination by the secretary.--Not later than
60 days after the date of the receipt of the appraisal
report under paragraph (2)(C), the Secretary shall
determine the value of the selection rights and shall
notify Koniag of the determination.
(B) Alternative determination of value.--
(i) In general.--Subject to clause (ii), if
Koniag does not agree with the value determined
by the Secretary under subparagraph (A), the
procedures specified in section 206(d) of the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)) shall be used to establish
the value.
(ii) Average value limitation.--The average
value per acre of the selection rights shall
not be more than $300.
-S-E-C-. -4-. -K-O-N-I-A-G -A-C-C-O-U-N-T-.
-(-a-) -E-s-t-a-b-l-i-s-h-m-e-n-t-.--
-(-1-) -I-n -g-e-n-e-r-a-l-.----I-f -t-h-e
-S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y -i-s
-n-o-t-i-f-i-e-d -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n
-3-(-a-)-(-1-)-(-B-)-, -o-n -O-c-t-o-b-e-r -1-, -1-9-9-7-,
-t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y-, -i-n
-c-o-n-s-u-l-t-a-t-i-o-n -w-i-t-h -t-h-e -S-e-c-r-e-t-a-r-y-,
-s-h-a-l-l -e-s-t-a-b-l-i-s-h -i-n -t-h-e -T-r-e-a-s-u-r-y -o-f
-t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -a-n -a-c-c-o-u-n-t -t-o -b-e
-k-n-o-w-n -a-s -t-h-e -`-`-K-o-n-i-a-g -A-c-c-o-u-n-t-'-'-.
-(-2-) -I-n-i-t-i-a-l -b-a-l-a-n-c-e-.----T-h-e
-i-n-i-t-i-a-l -b-a-l-a-n-c-e -o-f -t-h-e -K-o-n-i-a-g
-A-c-c-o-u-n-t -s-h-a-l-l -b-e -e-q-u-a-l -t-o -t-h-e
-v-a-l-u-e -o-f -t-h-e -s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -a-s
-d-e-t-e-r-m-i-n-e-d -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n
-3-(-b-)-.
SEC. 4. KONIAG ACCOUNT.
(a) In General.--
(1) The Secretary shall enter into negotiations for an
agreement or agreements to exchange Federal lands or interests
therein which are in the State of Alaska for the Koniag
Selection Rights referred to in section 3.
(2) If the value of the Federal lands to be exchanged is
less than the value of the Koniag Selection Rights established
in section 3, then the Secretary may exchange the Federal lands
for an equivalent portion of the Koniag Selection Rights. The
remaining selection rights shall remain available for
additional exchanges.
(3) For purposes of this section, the term ``Federal
lands'' means lands or interests therein located in Alaska,
administered by the Secretary and the title to which is in the
United States but excluding all lands and interests therein
which are located within a conservation system unit as defined
in the Alaska National Interest Lands Conservation Act section
102(4).
(b) Account.--
(1) In general.--With respect to any Koniag Selection
Rights for which an exchange has not been completed by October
1, 2004 (hereafter in this section referred to as ``remaining
selection rights''), the Secretary of the Treasury, in
consultation with the Secretary, shall, notwithstanding any
other provision of law, establish in the Treasury of the United
States, an account to be known as the Koniag Account. Upon the
relinquishment of the remaining selection rights to the United
States, the Secretary shall credit the Koniag Account in the
amount of the appraised value of the remaining selection
rights.
(2) Initial balance.--The initial balance of the Koniag
Account shall be equal to the value of the selection rights as
determined pursuant to section 3(b).
(3) Use of account.--
(A) In general.--Amounts in the Koniag Account
shall--
(i) be made available by the Secretary of
the Treasury to Koniag for bidding on and
purchasing property sold at public sale,
subject to the conditions described in this
paragraph; and
(ii) remain available until expended.
(B) Assignment.--
(i) In general.--Subject to clause (ii) and
notwithstanding any other provision of law, the
right to request the Secretary of the Treasury
to withdraw funds from the Koniag Account shall
be assignable in whole or in part by Koniag.
(ii) Notice of assignment.--No assignment
shall be recognized by the Secretary of the
Treasury until Koniag files written notice of
the assignment with the Secretary of the
Treasury and the Secretary.
(C) Bidding and purchasing.--
(i) In general.--Koniag may use the Koniag
Account to--
(I) bid, in the same manner as any
other bidder, for any property at any
public sale by an agency; and
(II) purchase the property in
accordance with applicable laws,
including the regulations of the agency
offering the property for sale.
(ii) Requirements for agencies.--In
conducting a transaction described in clause
(i), an agency shall accept, in the same manner
as cash, an amount tendered from the Koniag
Account.
(iii) Adjustment of balance.--The Secretary
of the Treasury shall adjust the balance of the
Koniag Account to reflect each transaction
under clause (i).
(4) Special procedures.--The Secretary of the Treasury, in
consultation with the Secretary, shall establish procedures to
permit the Koniag Account to--
(A) receive deposits;
(B) make deposits into escrow when an escrow is
required for the sale of any property; and
(C) reinstate to the Koniag Account any unused
escrow deposits if a sale is not consummated.
-(-b-) (c) Treatment of Amounts From Account.--The Secretary of the
Treasury shall--
(1) deem as a cash payment any amount tendered from the
Koniag Account and received by an agency as a proceed from a
public sale of property; and
(2) make any transfer necessary to permit the agency to use
the proceed in the event an agency is authorized by law to use
the proceed for a specific purpose.
-(-c-) (d) Requirement for the Administration of Sales.--
(1) In general.--Subject to paragraph (2), the Secretary of
the Treasury and the heads of agencies shall administer sales
described in subsection (a)(3)(C) in the same manner as is
provided for any other Alaska Native Corporation that--
(A) is authorized by law as of the date of
enactment of this Act; and
(B) has an account similar to the Koniag Account
for bidding on and purchasing property sold for public
sale.
(2) Prohibition.--Amounts in an account established for the
benefit of a specific Alaska Native Corporation may not be used
to satisfy the property purchase obligations of any other
Alaska Native Corporation.
-(-d-) -D-i-v-i-s-i-o-n -o-f -R-e-v-e-n-u-e-s-.----T-h-e
-s-e-l-e-c-t-i-o-n -r-i-g-h-t-s -s-h-a-l-l -b-e -d-e-e-m-e-d -t-o -b-e
-a-n -i-n-t-e-r-e-s-t -i-n -t-h-e -s-u-b-s-u-r-f-a-c-e -e-s-t-a-t-e
-f-o-r -t-h-e -p-u-r-p-o-s-e -o-f -s-e-c-t-i-o-n -7-(-i-) -o-f -t-h-e
-A-l-a-s-k-a -N-a-t-i-v-e -C-l-a-i-m-s -S-e-t-t-l-e-m-e-n-t -A-c-t
-(-4-3 -U-.-S-.-C-. -1-6-0-6-(-i-)-)-.
(e) Revenues.--The Koniag Account shall be deemed to be an interest
in the subsurface for purposes of section 7(i) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.).
SEC. 5. CERTAIN CONVEYANCES.
(a) Interests in Land.--For the purpose of section 21(c) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1620(c)), the following
shall be deemed to be an interest in land:
(1) The establishment of the Koniag Account and the right
of Koniag to request the Secretary of the Treasury to withdraw
funds from the Koniag Account.
(2) The receipt by a Settlement Trust (as defined in
section 3(t) of such Act (43 U.S.C. 1602(t)) of a conveyance by
Koniag of any right in the Koniag Account.
(b) Authority to Appoint Trustees.--In establishing a Settlement
Trust under section 39 of such Act (43 U.S.C. 1629e), Koniag may
delegate the authority granted to Koniag under subsection (b)(2) of
such section to any entity that Koniag may select without affecting the
status of the Settlement Trust under this section.
S 855 RS----2 | Alaska Peninsula Subsurface Consolidation Act of 1993 - Directs the Secretary of the Interior to determine the value of rights granted to Koniag, Incorporated, purusant to the Alaska Native Claims Settlement Act to receive title to the oil and gas rights and other interests in the subsurface estate of specified public lands in Alaska (selection rights) which Koniag possesses within the boundaries of Aniakchak National Monument and Preserve, Alaska Peninsula National Wildlife Refuge, and Becharof National Wildlife Refuge.
Specifies that the value of such rights shall be equal to the fair market value of: (1) the oil and gas interests in the lands that are the subject of the selection rights; and (2) in the case of the lands for which Koniag is to receive the entire subsurface estate, the subsurface estate of the lands that are the subject of such rights.
Directs the Secretary and Koniag to meet to select a qualified appraiser to conduct an appraisal of the selection rights in conformity with the standards of the Appraisal Foundation of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, utilizing a risk adjusted discounted cash flow methodology.
Sets forth provisions regarding: (1) submission of the appraisal report; (2) determination of the value of the selection rights; and (3) an alternative determination of value if Koniag disagrees with the value determined by the Secretary.
Directs: (1) the Secretary to enter into negotiations for an agreement to exchange Federal lands in Alaska for the Koniag selection rights; and (2) the Secretary of the Treasury, regarding any such rights for which an exchange has not been completed by October 1, 2004, to establish within the Treasury the Koniag Account and, upon relinquishment of such remaining rights to the United States, to credit the Account in the amount of the appraised value of such rights. Requires the Secretary of the Treasury to make amounts in the Account available to Koniag for bidding on and purchasing property sold at public sale. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Payment Improvement Act of
2009''.
SEC. 2. VALUE INDEX UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE.
(a) In General.--Section 1848(e)(5) of the Social Security Act (42
U.S.C. 1395w-4(e)) is amended by adding at the end the following new
paragraph:
``(6) Value index.--
``(A) In general.--The Secretary shall determine a
value index for each hospital referral area (as defined
by the Secretary). The value index shall be the ratio
of the quality component under subparagraph (B) to the
cost component under subparagraph (C) for that hospital
referral area.
``(B) Quality component.--
``(i) In general.--The quality component
shall be based on a composite score that
reflects quality measures available on a State
or hospital referral area (as so defined)
basis. The measures shall reflect health
outcomes and health status for the Medicare
population, patient safety, and patient
satisfaction. The Secretary shall use the best
data available, after consultation with the
Agency for Healthcare Research and Quality and
with private entities that compile quality
data.
``(ii) Advisory group.--
``(I) In general.--Not later than
60 days after the date of enactment of
the Medicare Payment Improvement Act of
2009, the Secretary shall establish a
group of experts and stakeholders to
make consensus recommendations to the
Secretary regarding development of the
quality component. The membership of
the advisory group shall at least
reflect providers, purchasers, health
plans, researchers, relevant Federal
agencies, and individuals with
technical expertise on health care
quality.
``(II) Duties.--In the development
of recommendations with respect to the
quality component, the group
established under subclause (I) shall
consider at least the following areas:
``(aa) High variation and
high cost per capita
utilization of resources,
including rates of
hospitalizations, number of
visits and subspecialty
referrals, and number of
procedures (as determined by
data under this title).
``(bb) Health outcomes and
functional status of patients.
``(cc) The continuity,
management, and coordination of
health care and care
transitions, including episodes
of care, for patients across
the continuum of providers,
health care settings, and
health plans.
``(dd) Patient, caregiver,
and authorized representative
experience, quality and
relevance of information
provided to patients,
caregivers, and authorized
representatives, and use of
information by patients,
caregivers, and authorized
representatives to inform
decision making.
``(ee) The safety,
effectiveness, and timeliness
of care.
``(ff) The appropriate use
of health care resources and
services.
``(gg) Other items
determined appropriate by the
Secretary.
``(iii) Requirement.--In establishing the
quality component under this subparagraph, the
Secretary shall--
``(I) take into account the
recommendations of the group
established under clause (ii)(I); and
``(II) provide for an open and
transparent process for the activities
conducted pursuant to the convening of
such group with respect to the
development of the quality component.
``(iv) Establishment.--The quality
component for each hospital referral area (as
so defined) shall be the ratio of the quality
score for such area to the national average
quality score.
``(v) Quality baseline.--If the quality
component for a hospital referral area (as so
defined) does not rank in the top 25th
percentile as compared to the national average
(as determined by the Secretary) and the amount
of reimbursement for services under this
section is greater than the amount of
reimbursement for such services that would have
applied under this section if the amendments
made by section 2 of the Medicare Payment
Improvement Act of 2009 had not been enacted,
this section shall be applied as if such
amendments had not been enacted.
``(vi) Application.--In the case of a
hospital referral area (as so defined) that is
less than an entire State, if available quality
data is not sufficient to measure quality at
the sub-State level, the quality component for
a sub-State hospital referral area shall be the
quality component for the entire State.
``(C) Cost component.--
``(i) In general.--The cost component shall
be total annual per beneficiary Medicare
expenditures under part A and this part for the
hospital referral area (as so defined). The
Secretary may use total per beneficiary
expenditures under such parts in the last two
years of life as an alternative measure if the
Secretary determines that such measure better
takes into account severity differences among
hospital referral areas.
``(ii) Establishment.--The cost component
for a hospital referral area (as so defined)
shall be the ratio of the cost per beneficiary
for such area to the national average cost per
beneficiary.''.
(b) Conforming Amendments.--Section 1848 of the Social Security Act
(42 U.S.C. 1395w-4) is amended--
(1) in subsection (b)(1)(C), by striking ``geographic'' and
inserting ``geographic and value''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in the heading, by inserting ``and
value'' after ``geographic'';
(ii) in subparagraph (A), by striking
clause (iii) and inserting the following new
clause:
``(iii) a value index (as defined in
paragraph (6)) applicable to physician work.'';
(iii) in subparagraph (C), by inserting
``and value'' after ``geographic'' in the first
sentence;
(iv) in subparagraph (D), by striking
``physician work effort'' and inserting
``value'';
(v) by striking subparagraph (E); and
(vi) by striking subparagraph (G);
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Computation of geographic and value adjustment
factor.--For purposes of subsection (b)(1)(C), for all
physicians' services for each hospital referral area (as
defined by the Secretary) the Secretary shall establish a
geographic and value adjustment factor equal to the sum of the
geographic cost-of-practice adjustment factor (specified in
paragraph (3)), the geographic malpractice adjustment factor
(specified in paragraph (4)), and the value adjustment factor
(specified in paragraph (5)) for the service and the area.'';
and
(C) by striking paragraph (5) and inserting the
following new paragraph:
``(5) Physician work value adjustment factor.--For purposes
of paragraph (2), the `physician work value adjustment factor'
for a service for a hospital referral area (as defined by the
Secretary), is the product of--
``(A) the proportion of the total relative value
for the service that reflects the relative value units
for the work component; and
``(B) the value index score for the area, based on
the value index established under paragraph (6).''.
(c) Availability of Quality Component Prior to Implementation.--The
Secretary of Health and Human Services shall make the quality component
described in section 1848(c)(6)(B) of the Social Security Act, as added
by subsection (a), for each hospital referral area (as defined by the
Secretary) available to the public by not later than July 1, 2011.
(d) Effective Date.--Subject to subsection (e), the amendments made
by this section shall apply to the Medicare physician fee schedule for
2012 and each subsequent year.
(e) Transition.--Notwithstanding the amendments made by the
preceding provisions of this section, the Secretary of Health and Human
Services shall provide for an appropriate transition to the amendments
made by this section. Under such transition, in the case of payments
under such fee schedule for services furnished during--
(1) 2012, 25 percent of such payments shall be based on the
amount of payment that would have applied to the services if
such amendments had not been enacted and 75 percent of such
payment shall be based on the amount of payment that would have
applied to the services if such amendments had been fully
implemented;
(2) 2013, 50 percent of such payment shall be based on the
amount of payment that would have applied to the services if
such amendments had not been enacted and 50 percent of such
payment shall be based on the amount of payment that would have
applied to the services if such amendments had been fully
implemented; and
(3) 2014 and subsequent years, 100 percent of such payment
shall be based on the amount of payment that is applicable
under such amendments. | Medicare Payment Improvement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to determine a value index for the physician work component for each Medicare hospital referral area. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Science Education Tax
Incentive for Businesses Act of 2007''.
SEC. 2. CREDITS FOR CERTAIN CONTRIBUTIONS BENEFITING SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION AT THE
ELEMENTARY AND SECONDARY SCHOOL LEVEL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45O. CONTRIBUTIONS BENEFITING SCIENCE, TECHNOLOGY, ENGINEERING,
AND MATHEMATICS EDUCATION AT THE ELEMENTARY AND SECONDARY
SCHOOL LEVEL.
``(a) In General.--For purposes of section 38, the elementary and
secondary science, technology, engineering, and mathematics (STEM)
contributions credit determined under this section for the taxable year
is an amount equal to 100 percent of the qualified STEM contributions
of the taxpayer for such taxable year.
``(b) Qualified STEM Contributions.--For purposes of this section,
the term `qualified STEM contributions' means--
``(1) STEM school contributions,
``(2) STEM teacher externship expenses, and
``(3) STEM teacher training expenses.
``(c) STEM School Contributions.--For purposes of this section--
``(1) In general.--The term `STEM school contributions'
means--
``(A) STEM property contributions, and
``(B) STEM service contributions.
``(2) STEM property contributions.--The term `STEM property
contributions' means the amount which would (but for subsection
(f)) be allowed as a deduction under section 170 for a
charitable contribution of STEM inventory property if--
``(A) the donee is an elementary or secondary
school described in section 170(b)(1)(A)(ii),
``(B) substantially all of the use of the property
by the donee is within the United States or within the
defense dependents' education system for educational
purposes in any of the grades K-12 that are related to
the purpose or function of the donee,
``(C) the original use of the property begins with
the donee,
``(D) the property will fit productively into the
donee's education plan,
``(E) the property is not transferred by the donee
in exchange for money, other property, or services,
except for shipping, installation and transfer costs,
and
``(F) the donee's use and disposition of the
property will be in accordance with the provisions of
subparagraphs (B) and (E).
The determination of the amount of deduction under section 170
for purposes of this paragraph shall be made as if the
limitation under section 170(e)(3)(B) applied to all STEM
inventory property.
``(3) STEM service contributions.--The term `STEM service
contributions' means the amount paid or incurred during the
taxable year for STEM services provided in the United States or
in the defense dependents' education system for the exclusive
benefit of students at an elementary or secondary school
described in section 170(b)(1)(A)(ii) but only if--
``(A) the taxpayer is engaged in the trade or
business of providing such services on a commercial
basis, and
``(B) no charge is imposed for providing such
services.
``(4) STEM inventory property.--The term `STEM inventory
property' means, with respect to any contribution to a school,
any property--
``(A) which is described in paragraph (1) or (2) of
section 1221(a) with respect to the donor, and
``(B) which is determined by the school to be
needed by the school in providing education in grades
K-12 in the areas of science, technology, engineering,
or mathematics.
``(5) STEM services.--The term `STEM services' means, with
respect to any contribution to a school, any service determined
by the school to be needed by the school in providing education
in grades K-12 in the areas of science, technology,
engineering, or mathematics, including teaching courses of
instruction at such school in any such area.
``(6) Defense dependents' education system.--For purposes
of this subsection, the term `defense dependents' education
system' means the program established and operated under the
Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et
seq.).
``(d) STEM Teacher Externship Expenses.--For purposes of this
section--
``(1) In general.--The term `STEM teacher externship
expenses' means any amount paid or incurred to carry out a STEM
externship program of the taxpayer but only to the extent that
such amount is attributable to the participation in such
program of any eligible STEM teacher, including amounts paid to
such a teacher as a stipend while participating in such
program.
``(2) STEM externship program.--The term `STEM externship
program' means any program--
``(A) established by a taxpayer engaged in a trade
or business within an area of science, technology,
engineering, or mathematics, and
``(B) under which eligible STEM teachers receive
training to enhance their teaching skills in the areas
of science, technology, engineering, or mathematics or
otherwise improve their knowledge in such areas.
``(3) Eligible stem teacher.--The term `eligible STEM
teacher' means any individual--
``(A) who is a teacher in grades K-12 at an
educational organization described in section
170(b)(1)(A)(ii) which is located in the United States
or which is located on a United States military base
outside the United States, and
``(B) whose teaching responsibilities at such
school include, or are likely to include, any course in
the areas of science, technology, engineering, or
mathematics.
``(e) STEM Teacher Training Expenses.--The term `STEM teacher
training expenses' means any amount paid or incurred by a taxpayer
engaged in a trade or business within an area of science, technology,
engineering, or mathematics which is attributable to the participation
of any eligible STEM teacher in a regular training program provided to
employees of the taxpayer which is determined by such teacher's school
as enhancing such teacher's teaching skills in the areas of science,
technology, engineering, or mathematics.
``(f) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any amount allowed as a credit under this
section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (30), by striking the period
at the end of paragraph (31), and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(32) the elementary and secondary science, technology,
engineering, and mathematics (STEM) contributions credit
determined under section 45O.''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45O. Contributions benefiting science, technology, engineering,
and mathematics education at the elementary
and secondary school level.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | National Science Education Tax Incentive for Businesses Act of 2007 - Amends the Internal Revenue Code to allow a general business tax credit for contributions of property or services to elementary and secondary schools and for teacher training to promote instruction in science, technology, engineering, or mathematics (STEM contributions). | [
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SECTION 1. PROSPECTIVE PAYMENT FOR INPATIENT REHABILITATION HOSPITAL
SERVICES BASED ON DISCHARGES CLASSIFIED BY FUNCTIONAL-
RELATED GROUPS.
(a) In General.--Section 1886 of the Social Security Act (42 U.S.C.
1395ww) is amended by adding at the end the following new subsection:
``(j) Prospective Payment for Inpatient Rehabilitation Services.--
``(1) In general.--Notwithstanding section 1814(b), but
subject to the provisions of section 1813, the amount of the
payment with respect to the operating and capital costs of
inpatient hospital services of a rehabilitation hospital or a
rehabilitation unit (in this subsection referred to as a
`rehabilitation facility') for a discharge is equal to the per
discharge payment rate established under this subsection.
``(2) Functional-related groups.--
``(A) Establishment.--The Secretary shall
establish--
``(i) classes of discharges of
rehabilitation facilities by functional-related
groups (each in this subsection referred to as
a `functional-related group' or `FRG'), based
on impairment, age, and functional capability
of the discharged individual and such other
factors as the Secretary deems appropriate, and
``(ii) a method of classifying specific
discharges from rehabilitation facilities
within these groups.
``(B) Weighting factors.--For each functional-
related group the Secretary shall assign an appropriate
weighting which reflects the relative facility
resources used with respect to discharges classified
within that group compared to discharges classified
within other groups.
``(C) Adjustments.--The Secretary shall from time
to time adjust the classifications and weighting
factors established under this paragraph as appropriate
to correct for forecast errors and to reflect changes
in treatment patterns, technology, and other factors
which may affect the relative use of resources.
``(3) Payment rate.--
``(A) In general.--The Secretary shall determine a
prospective payment rate for each rehabilitation
facility discharge for which such rehabilitation
facility is entitled to receive payment under this
title. Subject to subparagraph (B), such rate for
discharges during a fiscal year shall be based on the
average payment per discharge under this title for
inpatient operating and capital costs of rehabilitation
facilities in fiscal year 1995 (as estimated by the
Secretary) adjusted--
``(i) by updating such per-discharge amount
to the fiscal year involved by the applicable
percentage increases provided under subsection
(b)(3)(B)(i) for each year after fiscal year
1995 and up to the fiscal year involved;
``(ii) by reducing such rates by a factor
equal to the proportion of payments under this
subsection (as estimated by the Secretary)
based on FRG prospective payment amounts which
are additional payments described in paragraph
(4) (relating to outlier and related payments)
or paragraph (7);
``(iii) for variations among rehabilitation
facilities by area under paragraph (6);
``(iv) by the weighting factors established
under paragraph (2)(B); and
``(v) by such other factors as the
Secretary determines are necessary to properly
reflect variations in necessary costs of
treatment among rehabilitation facilities.
``(B) Budget neutral rates.--The Secretary shall
establish the prospective payment amounts under this
subsection for discharges during each of fiscal years
1998 through 2002 at levels such that, in the
Secretary's estimation, the amount of total payments
under this subsection for each such fiscal year
(including any payment adjustments pursuant to
paragraph (7)) shall not exceed the amount of payments
that would have been made under this title during the
fiscal year for operating and capital costs of
rehabilitation facilities had this subsection not been
enacted.
``(4) Outlier and special payments.--
``(A) Outliers.--
``(i) Day outliers.--The Secretary shall
provide for an additional payment to a
rehabilitation facility for discharges in a
functional-related group, the lengths of stay
of which exceeded the mean length of stay for
discharges within that group by a fixed number
of days or exceeds such mean length of stay by
some fixed number of deviations, whichever is
the fewer number of days.
``(ii) Requesting additional payments.--For
cases not included in clause (i), a
rehabilitation facility may request additional
payments in any case in which charges, adjusted
to cost, exceed a fixed multiple of the
applicable prospective payment rate, or exceed
such other fixed dollar amount, whichever is
greater, or exceed the prospective payment rate
plus a fixed dollar amount determined by the
Secretary.
``(iii) Payment based on marginal cost of
care.--The amount of such additional payment
under clauses (i) and (ii) shall be determined
by the Secretary and shall approximate the
marginal cost of care beyond the cutoff point
applicable under clause (i) or (ii).
``(iv) Total payments.--The total amount of
the additional payments made under this
subparagraph for discharges in a fiscal year
may not be less than 5 percent nor more than 6
percent of the total payments projected or
estimated to be made based on FRG prospective
payment rates for discharges in that year.
``(B) Adjustment.--The Secretary may provide for
such adjustments to the payment amounts under this
subsection as the Secretary deems appropriate to take
into account the unique circumstances of rehabilitation
facilities located in Alaska and Hawaii.
``(5) Publication.--The Secretary shall provide for
publication in the Federal Register, on or before September 1
before each fiscal year (beginning with fiscal year 1998), of
the classification and weighting factors for FRGs under
paragraph (2) for such fiscal year and a description of the
methodology and data used in computing the prospective payment
rates under this subsection for that fiscal year.
``(6) Area wage adjustment.--The Secretary shall adjust the
proportion (as estimated by the Secretary from time to time) of
rehabilitation facilities' costs which are attributable to
wages and wage-related costs, of the prospective payment rates
computed under paragraph (3) for area differences in wage
levels by a factor (established by the Secretary) reflecting
the relative hospital wage level in the geographic area of the
rehabilitation facility compared to the national average wage
level for such facilities. Not later than October 1, 1998 (and
at least every 12 months thereafter), the Secretary shall
update the factor under the preceding sentence on the basis of
a survey conducted by the Secretary (and updated as
appropriate) of the wages and wage-related costs incurred in
furnishing rehabilitation services. Any adjustments or updates
made under this paragraph for a fiscal year shall be made in a
manner that assures that the aggregated payments under this
subsection in the fiscal year are not greater or less than
those that would have been made in the year without such
adjustment.
``(7) Additional adjustments.--The Secretary shall provide
by regulation for--
``(A) an additional payment to take into account
indirect costs of medical education and the special
circumstances of hospitals that serve a significantly
disproportionate number of low-income patients in a
manner similar to that provided under subparagraphs (B)
and (F), respectively, of subsection (d)(5); and
``(B) such other exceptions and adjustments to
payment amounts under this subsection in a manner
similar to that provided under subsection (d)(5)(I) in
relation to payments under subsection (d).
``(8) Limitation on review.--There shall be no
administrative or judicial review under section 1878 or
otherwise of--
``(A) the establishment of FRGs, of the methodology
for the classification of discharges within such
groups, and of the appropriate weighting factors
thereof under paragraph (2), and
(B) the establishment of the prospective payment
rates under paragraph (3).''.
(b) Conforming Amendments.--Section 1886(b) of such Act (42 U.S.C.
1395ww(b)) is amended--
(1) in paragraph (1), by inserting ``and other than a
rehabilitation facility described in subsection (j)(1)'' after
``subsection (d)(1)(B)'', and
(2) in paragraph (3)(B)(i), by inserting ``and subsection
(j)'' after ``For purposes of subsection (d)''.
(c) Effective Date.--The amendments made by this section shall
apply to cost reporting periods beginning on or after October 1, 1997. | Amends title XVIII (Medicare) of the Social Security Act to provide for prospective payment under Medicare for inpatient rehabilitation hospital services and units based on discharges classified by functional-related groups. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping College Students Cross the
Finish Line Act''.
SEC. 2. GRANTS TO INSTITUTIONS TO PROVIDE AWARDS TO UNDERGRADUATE AND
VOCATIONAL STUDENTS WITH FINANCIAL NEED TO ASSIST IN
COMPLETION OF DEGREE AND CERTIFICATE PROGRAMS.
Part A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) is amended by inserting after subpart 7 the following new
subpart:
``Subpart 8--Grants to Institutions To Provide Awards to Undergraduate
and Vocational Students With Financial Need To Assist in Completion of
Degree and Certificate Programs
``SEC. 420. GRANTS TO INSTITUTIONS TO PROVIDE AWARDS TO UNDERGRADUATE
AND VOCATIONAL STUDENTS WITH FINANCIAL NEED TO ASSIST IN
COMPLETION OF DEGREE AND CERTIFICATE PROGRAMS.
``(a) Grants for Establishment of Financial Assistance Program.--
The Secretary shall award grants to institutions of higher education to
establish programs of financial assistance for students in accordance
with this section.
``(b) Financial Assistance Program.--
``(1) Establishment.--An institution of higher education
receiving a grant under subsection (a) shall establish a
financial assistance program to award funds to not less than
100 eligible students per academic year in accordance with this
subsection.
``(2) Student eligibility.--A student shall be eligible for
an award under a financial assistance program established by an
institution of higher education in accordance with this
subsection if--
``(A) such student is enrolled as an undergraduate
or vocational student at such institution on a not less
than half-time basis;
``(B) such student is academically able to complete
the degree or certificate program for which such
student is enrolled within an academic year;
``(C) such student is in good academic standing at
such institution (as determined by such institution) at
the time of the distribution of the award;
``(D) in the case of a student who previously
received an award under this section, such student
maintained good academic standing during the academic
period for which the student received such previous
award under this section;
``(E) such student has an outstanding tuition
payment due to such institution and is unable to fully
pay the amount due; and
``(F) the institution determines that without
financial assistance, such student will discontinue the
degree or certificate program for which such student is
enrolled due to an inability to pay tuition.
``(3) Grant amount.--The amount of an award to a student
under a financial assistance program established by an
institution of higher education in accordance with this
subsection for a semester or equivalent shall be the lesser
of--
``(A) $1,000; or
``(B) the amount of tuition such institution
determines the student is unable to pay for such
semester or equivalent.
``(4) Limitation on number of grants.--A student may only
receive an award under a financial assistance program
established by an institution of higher education in accordance
with this subsection for a total of two semesters or the
equivalent of two semesters.
``(5) Information on other financial assistance.--
``(A) Information required.--Each institution of
higher education receiving a grant under subsection (a)
shall provide information to each covered student
attending such institution on financial assistance
available from any source other than this section.
``(B) Covered student defined.--In this paragraph,
the term `covered student' means a student receiving an
award under a financial assistance program established
by an institution of higher education in accordance
with this subsection in an amount that does not fully
pay an outstanding tuition payment due to such
institution.
``(c) Financial Literacy Survey.--The Secretary shall create, and
each student receiving an award under a financial assistance program
established by an institution of higher education in accordance with
subsection (b) shall complete, an online survey concerning financial
literacy. Such survey shall include matters relating to budgeting and
saving, student loan debt, and career planning.
``(d) Reports.--
``(1) Institutions of higher education.--Each institution
of higher education receiving a grant under subsection (a)
shall annually submit to the Secretary a report containing, for
the academic year preceding the date of the submission of such
report--
``(A) the number of students enrolled at such
institution that received an award under a financial
assistance program established by such institution in
accordance with subsection (b);
``(B) the number of such students who completed the
degree or certificate program in which such students
were enrolled during such academic year;
``(C) the number of such students who, following
completion of the degree or certificate program in
which such students were enrolled, subsequently
enrolled in a degree or certificate program at a higher
level;
``(D) the number of such students who, following
completion of the degree or certificate program in
which such students were enrolled, subsequently
obtained full-time employment and the average salary
for such students; and
``(E) any other information that the Secretary
considers necessary.
``(2) Secretary.--The Secretary shall annually submit to
Congress a report on the implementation of this section. Such
report shall include--
``(A) the aggregate data submitted by all
institutions of higher education in accordance with
paragraph (1);
``(B) an analysis of the grant program under this
section and any suggestions for improving such program;
and
``(C) any other information that the Secretary
considers necessary.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2015 through 2020.''. | Helping College Students Cross the Finish Line Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Secretary of Education to award grants to institutions of higher education (IHEs) to establish a financial assistance program that awards funds to at least 100 of the IHE's undergraduate or vocational students each academic year who: are enrolled on at least a half-time basis; are academically able to complete the degree or certificate program in which they are enrolled within an academic year; are in good academic standing; if they previously received such an award, maintained good academic standing during the academic period for which they received such award; are unable to fully pay an outstanding tuition payment that is due; and without financial assistance, will discontinue the degree or certificate program in which they are enrolled. Caps the amount of such award. Prohibits a student from receiving an award for more than two semesters or the equivalent of two semesters. Requires the IHEs to provide each student who receives an award that does not fully cover the amount due on the student's outstanding tuition with information on the financial assistance available from any other source. Directs the Secretary to create, and each student that receives an award to complete, an online financial literacy survey that includes matters relating to budgeting and saving, student loan debt, and career planning. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Documentation and
Program Improvement Act of 2015''.
SEC. 2. DEVELOPMENT OF A SINGLE FORM OR DOCUMENT TO SATISFY THE HOME
HEALTH CERTIFICATION REQUIREMENT.
(a) Part A.--Section 1814 of the Social Security Act (42 U.S.C.
1395f) is amended--
(1) in subsection (a)(2)(C), by striking ``has had a face-
to-face encounter'' and inserting ``has, subject to subsection
(m), had a face-to-face encounter''; and
(2) by adding at the end the following new subsection:
``(m) Implementation of Requirement for Certification for Home
Health Services.--
``(1) In general.--The Secretary shall develop a single
form or document to be used by a physician to satisfy the
documentation requirements necessary to fulfill the requirement
of a face-to-face encounter and other criteria for home health
eligibility under subsection (a)(2)(C) (otherwise known as the
certification for home health services).
``(2) Stakeholder input.--In developing the form or
document under paragraph (1), the Secretary shall seek input
from stakeholders, including physicians and other non-physician
providers (such as nurse practitioners or clinical nurse
specialists (as those terms are defined in section
1861(aa)(5))), home health agencies, hospitals, patients or
representatives of patients, and other entities (such as
electronic medical record vendors) the Secretary determines
appropriate. The Secretary shall provide the opportunity for
such stakeholders to offer input on the form or document during
its initial development as well as the opportunity to make
comments on a proposed version prior to its finalization. The
Secretary shall also set up a process to educate physicians and
non-physicians on how to appropriately fulfill the requirements
related to the form or document in this section prior to
implementation.
``(3) Content of form.--The Secretary shall accept the
following content as documentation of an individual's
eligibility for home health services:
``(A) With respect to the face-to-face encounter
requirement, the date of the encounter.
``(B) With respect to homebound status, a statement
that provides the clinical basis for why the individual
is determined to be confined to the home.
``(C) With respect to the need for skilled
services, a selection, via checkbox, of the types of
skilled services required by the individual and a
statement with the clinical basis for each type of
skilled service ordered.
``(4) Deemed satisfaction of requirements.--The Secretary
shall, through guidance, allow the requirement for
documentation of a face-to-face encounter and other criteria
for home health eligibility under subsection (a)(2)(C) to be
deemed satisfied with respect to an individual if a home health
agency completes the form or document under paragraph (1) and
the ordering physician signs or attests to the contents of the
form or document.
``(5) Exception to face-to-face encounter requirement.--The
Secretary shall waive the requirement for a face-to-face
encounter under subsection (a)(2)(C) related to home health
services provided to an individual if the individual has been
discharged from a hospital (including from the emergency
department) or skilled nursing facility within 14 days prior to
the initiation of such home health services.
``(6) Guidance to contractors.--
``(A) In general.--The Secretary shall provide
notification, guidance, and education regarding the
application of the form or document under paragraph (1)
as it pertains to satisfying the documentation
requirements for home health services under subsection
(a)(2)(C) to medicare administrative contractors (as
defined in section 1874A), recovery audit contractors
(as defined in section 1893(h)), and any other entity
which the Secretary determines appropriate.
``(B) National applicability.--The Secretary shall
ensure that all medicare administrative contractors,
recovery audit contractors, and any other entity which
the Secretary determines appropriate apply the guidance
under this paragraph in a nationally consistent and
uniform manner and that all audit activities, policies,
and practices regarding documentation for home health
services are likewise applied in a nationally
consistent and uniform manner.
``(C) Study.--Not later than 18 months after the
date of the enactment of this paragraph, the Secretary
shall submit to Congress a report on--
``(i) the adherence of medicare
administrative contractors, recovery audit
contractors, and any other entity which the
Secretary determines appropriate to nationally
consistent and uniform audit activities,
policies, and practices as described in
subparagraph (B); and
``(ii) the rate of appeals for denial of
payment based solely on the face-to-face
encounter requirements for home health services
under this section and the rate of such appeals
that are ultimately successful.''.
(b) Part B.--Section 1835 of the Social Security Act (42 U.S.C.
1395n) is amended--
(1) in subsection (a)(2)(A), by striking ``has had a face-
to-face encounter'' and inserting ``has, subject to subsection
(f), had a face-to-face encounter''; and
(2) by adding at the end the following new subsection:
``(f) Application of Documentation, Guidance, and Treatment of
Certain Home Health Claims Provisions Under Part A.--The provisions of
section 1814(m) shall apply with respect to the application of
documentation requirements for home health services under subsection
(a)(2)(A) in the same manner as such provisions apply with respect to
the application of the documentation requirements for home health
services under section 1814(a)(2)(C).''.
SEC. 3. EFFECTIVE DATE; TREATMENT OF CERTAIN HOME HEALTH CLAIMS.
(a) Effective Date.--The amendments made by section 2 shall apply
with respect to home health services furnished on or after October 1,
2016.
(b) Treatment of Certain Home Health Claims.--
(1) Denied claims.--
(A) In general.--Not later than 12 months after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall--
(i) through guidance, develop and implement
processes to open and review claims that were
denied on or after January 1, 2011, and before
the date of the enactment of this Act, due
solely to the face-to-face documentation
requirements under section 1814(a)(2)(C) of the
Social Security Act (42 U.S.C. 1395f(a)(2)(C))
or section 1835(a)(2)(A) of such Act (42 U.S.C.
1395f(a)(2)(A)); and
(ii) issue revised decisions of such
denials as if the narrative requirements of
section 424.22(v) of title 42, Code of Federal
Regulations, did not apply at the time such
services were furnished.
(B) Settlement agreements for denied claims.--In
addition to the processes under subparagraph (A), not
later than 60 days after the date of the enactment of
this Act, the Secretary shall establish a voluntary
process for home health agencies to enter into a
settlement agreement with the Secretary of Health and
Human Services in lieu of reprocessing claims for
payment which are required to be paid by reason of
subparagraph (A)(ii).
(2) Other claims.--In the case of a claim for home health
services furnished on or after January 1, 2011, and before
October 1, 2016, that is not described in paragraph (1)(A),
such claim shall be determined and processed as if the
narrative requirements of section 424.22(v) of title 42, Code
of Federal Regulations, did not apply at the time such services
were furnished. | Home Health Documentation and Program Improvement Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services (HHS) to: develop a single form or document to be used by a physician to satisfy the documentation requirements necessary to fulfill the requirement of a face-to-face encounter and other criteria for home health eligibility (otherwise known as the certification for home health services); and notify and provide guidance and education to Medicare administrative contractors, recovery audit contractors, and any other appropriate entity regarding application of the form or document to such documentation requirements. HHS shall also: develop and implement processes to open and review claims denied on or after January 1, 2011, and before enactment of this Act, due solely to the face-to-face documentation requirements; issue revised decisions of such denials as if the requirements of related regulations did not apply at the time such services were furnished; and establish a voluntary process for home health agencies to enter into a settlement agreement with HHS in lieu of reprocessing claims whose payment this bill now requires. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Derivatives and Hedge Fund
Regulatory Improvement Act of 2008''.
SEC. 2. COORDINATED RULEMAKING.
(a) Initiation of Proceedings.--Not later than 90 days after the
date of enactment of this Act, the appropriate Federal banking
agencies, in coordination with the Commission, after consultation with
the Secretary of the Treasury and the Commodity Futures Trading
Commission, shall initiate a coordinated rulemaking with respect to the
entities under their respective jurisdictions that engage in
transactions involving unregistered hedge funds or over-the-counter
derivatives--
(1) to extend the requirements of regulations relating to
the safety and soundness of the financial system applicable to
mutual funds under the Investment Company Act of 1940 (15
U.S.C. 80a-1 et seq.) to unregistered hedge funds, including--
(A) requiring the fund to disclose its policies on
borrowing money and requiring a shareholder vote to
change such policy, as in section 5 of that Act (15
U.S.C. 80a-5);
(B) strict record keeping and reporting rules, as
in section 30 of that Act (15 U.S.C. 80a-29); and
(C) capital structure requirements, as in section
18 of that Act (15 U.S.C. 80a-18);
(2) to provide for the regulation of over-the-counter
derivatives, including credit default swaps, interest rate
swaps, currency swaps, mortgage-backed securities, asset-backed
securities, collateralized debt obligations, and other
derivatives that are not traded on a national securities
exchange or by a registered securities association, in the
public interest and for the protection of investors, the
stability of the financial markets, and the well-being of the
economy; and
(3) to prohibit insured depository institutions from
trading derivatives for their own accounts.
(b) Coordination, Consistency, and Comparability.--Each of the
agencies and authorities referred to in subsection (a) shall consult
and coordinate with the other such agencies and authorities for the
purpose of assuring, to the extent possible, that the regulations by
each such agency and authority are consistent and comparable with those
prescribed by the other such agencies and authorities.
SEC. 3. SCOPE AND DEADLINE.
The appropriate Federal banking agencies and the Commission shall,
not later than 12 months after the date of enactment of this Act, issue
the rules required by this Act in final form that are designed--
(1) to avoid systemic risks to the financial markets;
(2) to ensure safe and sound operation of banks, including
by requiring the maintenance of sufficient capital levels and
limits on aggregate leverage and establishing appropriate
restrictions on the buying, selling, or entering into
derivatives by an insured depository institution for its own
account; and
(3) to provide means to prevent fraudulent, deceptive, or
manipulative practices.
SEC. 4. AUTHORITY TO GRANT EXCEPTIONS.
The regulations prescribed under this Act may allow an insured
depository institution to purchase, sell, or engage in traditional
hedging transactions or to purchase, sell, or engage in transactions
involving de minimus interests in derivatives for the account of that
institution, but only to the extent that such exceptions are consistent
with the safety and soundness of such institution.
SEC. 5. AGENCY AUTHORITY.
The rules issued under this Act shall be enforced by the
appropriate Federal banking agencies with respect to entities under
their respective jurisdictions, and by the Commission with respect to
any other entity that engages in transactions involving unregistered
hedge funds or over-the-counter derivatives.
SEC. 6. DEFINITIONS.
As used in this Act--
(1) the terms ``appropriate Federal banking agency'',
``Federal banking agencies'', and ``insured depository
institution'' have the same meanings as in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813);
(2) the term ``Commission'' means the Securities and
Exchange Commission; and
(3) the term ``derivative''--
(A) means any financial contract or other
instrument that derives its value from the value or
performance of any security or other financial
instrument, or of any excluded commodity (as that term
is defined in section 1a of the Commodity Exchange Act
(7 U.S.C. 1a)); and
(B) does not include--
(i) any security that is traded on a
national securities exchange or on an automated
interdealer quotation system sponsored by a
securities association registered under section
15A of the Securities Exchange Act of 1934 (15
U.S.C. 78o-3); or
(ii) any forward contract which has a
maturity at a time of issuance of not longer
than 270 days;
(4) the term ``unregistered hedge fund''--
(A) means any pooled investment vehicle, or group
or family of pooled investment vehicles, that--
(i) has total assets under management of
not less than $1,000,000,000 or such other
amount as is determined to be appropriate by
the appropriate Federal banking agency and the
Commission with respect to the entities under
their respective jurisdictions; and
(ii) is excepted from the definition of an
investment company by paragraph (1) or (7) of
section 3(c) of the Investment Company Act of
1940, or is a foreign company that would be
required to obtain an order from the Commission
under section 7(d) of that Act if it made a
public offering of its securities by use of the
mails and means or instrumentalities of
interstate commerce; and
(B) does not include a commodity pool operator or
futures commission merchant (as such terms are defined
in section 1a of the Commodity Exchange Act (7 U.S.C.
1a)). | Derivatives and Hedge Fund Regulatory Improvement Act of 2008 - Directs the appropriate federal banking agencies, with respect to the entities under their respective jurisdictions that engage in transactions involving unregistered hedge funds or over-the-counter derivatives, to initiate a coordinated rulemaking to: (1) extend to unregistered hedge funds the requirements governing the safety and soundness of the financial system applicable to mutual funds; (2) provide for the regulation of over-the-counter derivatives that are not traded on a national securities exchange or by a registered securities association (including credit default swaps, interest rate swaps, currency swaps, mortgage-backed securities, asset-backed securities, and collateralized debt obligations); and (3) prohibit insured depository institutions from trading derivatives for their own accounts.
Requires the appropriate federal banking agencies and the Securities and Exchange Commission (SEC) to promulgate rules designed to: (1) avoid systemic risks to the financial markets; (2) ensure safe and sound operation of banks, including mandatory maintenance of sufficient capital levels and limits on aggregate leverage, and restrictions on buying, selling, or entering into derivatives by an insured depository institution for its own account; and (3) provide means to prevent fraudulent, deceptive, or manipulative practices. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hibben Center for Archaeological
Research Act of 2002''.
SEC. 2. FINDINGS.
Congress finds that--
(1) when the Chaco Culture National Historical Park was
established in 1907 as the Chaco Canyon National Monument, the
University of New Mexico owned a significant portion of the
land located within the boundaries of the Park;
(2) during the period from the 1920's to 1947, the
University of New Mexico conducted archaeological research in
the Chaco Culture National Historical Park;
(3) in 1949, the University of New Mexico--
(A) conveyed to the United States all right, title,
and interest of the University in and to the land in
the Park; and
(B) entered into a memorandum of agreement with the
National Park Service establishing a research
partnership with the Park;
(4) since 1971, the Chaco Culture National Historical Park,
through memoranda of understanding and cooperative agreements
with the University of New Mexico, has maintained a research
museum collection and archive at the University;
(5) both the Park and the University have large,
significant archaeological research collections stored at the
University in multiple, inadequate, inaccessible, and cramped
repositories; and
(6) insufficient storage at the University makes research
on and management, preservation, and conservation of the
archaeological research collections difficult.
SEC. 3. DEFINITIONS.
In this Act:
(1) Hibben center.--The term ``Hibben Center'' means the
Hibben Center for Archaeological Research to be constructed at
the University under section 4(a).
(2) Park.--The term ``Park'' means the Chaco Culture
National Historical Park in the State of New Mexico.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tenant improvement.--The term ``tenant improvement''
includes--
(A) finishing the interior portion of the Hibben
Center leased by the National Park Service under
section 4(c)(1); and
(B) installing in that portion of the Hibben
Center--
(i) permanent fixtures; and
(ii) portable storage units and other
removable objects.
(5) University.--The term ``University'' means the
University of New Mexico.
SEC. 4. HIBBEN CENTER FOR ARCHAEOLOGICAL RESEARCH.
(a) Establishment.--The Secretary may, in cooperation with the
University, construct and occupy a portion of the Hibben Center for
Archaeological Research at the University.
(b) Grants.--
(1) In general.--The Secretary may provide to the
University a grant to pay the Federal share of the construction
and related costs for the Hibben Center under paragraph (2).
(2) Federal share.--The Federal share of the construction
and related costs for the Hibben Center shall be 37 percent.
(3) Limitation.--Amounts provided under paragraph (1) shall
not be used to pay any costs to design, construct, and furnish
the tenant improvements under subsection (c)(2).
(c) Lease.--
(1) In general.--Before funds made available under section
5 may be expended for construction costs under subsection
(b)(1) or for the costs for tenant improvements under paragraph
(2), the University shall offer to enter into a long-term lease
with the United States that--
(A) provides to the National Park Service space in
the Hibben Center for storage, research, and offices;
and
(B) is acceptable to the Secretary.
(2) Tenant improvements.--The Secretary may design,
construct, and furnish tenant improvements for, and pay any
moving costs relating to, the portion of the Hibben Center
leased to the National Park Service under paragraph (1).
(d) Cooperative Agreements.--To encourage collaborative management
of the Chacoan archaeological objects associated with northwestern New
Mexico, the Secretary may enter into cooperative agreements with the
University, other units of the National Park System, other Federal
agencies, and Indian tribes for--
(1) the curation of and conduct of research on artifacts in
the museum collection described in section 2(4); and
(2) the development, use, management, and operation of the
portion of the Hibben Center leased to the National Park
Service under subsection (c)(1).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated--
(1) to pay the Federal share of the construction costs
under section 4(b), $1,574,000; and
(2) to pay the costs of carrying out section 4(c)(2),
$2,198,000.
(b) Availability.--Amounts made available under subsection (a)
shall remain available until expended.
(c) Reversion.--If the lease described in section 4(c)(1) is not
executed by the date that is 2 years after the date of enactment of
this Act, any amounts made available under subsection (a) shall revert
to the Treasury of the United States. | Hibben Center for Archaeological Research Act of 2002 - Authorizes the Secretary of the Interior to: (1) construct and occupy a portion of the Hibben Center for Archaeological Research at the University of New Mexico; (2) provide a grant to the University to pay the Federal share of construction and related costs for the Center; and (3) furnish specified tenant improvements to the portion of the Center leased to the National Park Service (NPS).Requires the University, before funds available under this Act may be expended for construction or tenant improvement costs, to offer to enter into a long-term lease with the United States that: (1) provides to NPS space in the Center for storage, research, and offices; and (2) is acceptable to the Secretary.Authorizes the Secretary, in order to encourage collaborative management of the Chacoan archaeological objects associated with northwestern New Mexico, to enter into cooperative agreements with the University, other NPS units, other Federal agencies, and Indian tribes for: (1) the curation and conduct of research on artifacts in the research museum collection and archive at the University; and (2) the development, use, management, and operation of the portion of the Center leased to NPS. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Covering People With Pre-Existing
Conditions Act of 2014''.
SEC. 2. ESTABLISHING UNIVERSAL ACCESS PROGRAMS TO IMPROVE HIGH RISK
POOLS AND REINSURANCE MARKETS FOR INDIVIDUALS WITH PRE-
EXISTING CONDITIONS.
(a) State Requirement.--
(1) In general.--Not later than January 1, 2015, each State
shall--
(A) subject to paragraph (3), operate--
(i) a qualified State reinsurance program
described in subsection (b); or
(ii) qualifying State high risk pool
described in subsection (c)(1); and
(B) subject to paragraph (3), apply to the
operation of such a program from State funds an amount
equivalent to the portion of State funds derived from
State premium assessments (as defined by the Secretary)
that are not otherwise used on State health care
programs.
(2) Relation to current qualified high risk pool program.--
(A) States not operating a qualified high risk
pool.--In the case of a State that is not operating a
current section 2745 qualified high risk pool as of the
date of the enactment of this Act--
(i) the State may only meet the requirement
of paragraph (1) through the operation of a
qualified State reinsurance program described
in subsection (b); and
(ii) the State's operation of such a
reinsurance program shall be treated, for
purposes of section 2745 of the Public Health
Service Act, as the operation of a qualified
high risk pool described in such section.
(B) State operating a qualified high risk pool.--In
the case of a State that is operating a current section
2745 qualified high risk pool as of the date of the
enactment of this Act--
(i) as of January 1, 2015, such a pool
shall not be treated as a qualified high risk
pool under section 2745 of the Public Health
Service Act unless the pool is a qualifying
State high risk pool described in subsection
(c)(1); and
(ii) the State may use premium assessment
funds described in paragraph (1)(B) to
transition from operation of such a pool to
operation of a qualified State reinsurance
program described in subsection (b).
(3) Application of funds.--If the program or pool operated
under paragraph (1)(A) is in strong fiscal health, as
determined in accordance with standards established by the
National Association of Insurance Commissioners and as approved
by the State Insurance Commissioner involved, the requirement
of paragraph (1)(B) shall be deemed to be met.
(b) Qualified State Reinsurance Program.--
(1) In general.--For purposes of this section, a
``qualified State reinsurance program'' means a program
operated by a State program that provides reinsurance for
health insurance coverage offered in the small group market in
accordance with the model for such a program established (as of
the date of the enactment of this Act).
(2) Form of program.--A qualified State reinsurance program
may provide reinsurance--
(A) on a prospective or retrospective basis; and
(B) on a basis that protects health insurance
issuers against the annual aggregate spending of their
enrollees as well as purchase protection against
individual catastrophic costs.
(3) Satisfaction of hipaa requirement.--A qualified State
reinsurance program shall be deemed, for purposes of section
2745 of the Public Health Service Act, to be a qualified high
risk pool under such section.
(c) Qualifying State High Risk Pool.--
(1) In general.--A qualifying State high risk pool
described in this subsection means a current section 2745
qualified high risk pool that meets the following requirements:
(A) The pool must provide at least two coverage
options, one of which must be a high deductible health
plan coupled with a health savings account.
(B) The pool must be funded with a stable funding
source.
(C) The pool must eliminate any waiting lists so
that all eligible residents who are seeking coverage
through the pool should be allowed to receive coverage
through the pool.
(D) The pool must allow for coverage of individuals
who, but for the 24-month disability waiting period
under section 226(b) of the Social Security Act, would
be eligible for Medicare during the period of such
waiting period.
(E) The pool must limit the pool premiums to no
more than 150 percent of the average premium for
applicable standard risk rates in that State.
(F) The pool must conduct education and outreach
initiatives so that residents and brokers understand
that the pool is available to eligible residents.
(G) The pool must provide coverage for preventive
services and disease management for chronic diseases.
(2) Verification of citizenship or alien qualification.--
(A) In general.--Notwithstanding any other
provision of law, only citizens and nationals of the
United States shall be eligible to participate in a
qualifying State high risk pool that receives funds
under section 2745 of the Public Health Service Act or
this section.
(B) Condition of participation.--As a condition of
a State receiving such funds, the Secretary shall
require the State to certify, to the satisfaction of
the Secretary, that such State requires all applicants
for coverage in the qualifying State high risk pool to
provide satisfactory documentation of citizenship or
nationality in a manner consistent with section 1903(x)
of the Social Security Act.
(C) Records.--The Secretary shall keep sufficient
records such that a determination of citizenship or
nationality only has to be made once for any individual
under this paragraph.
(3) Relation to section 2745.--As of January 1, 2015, a
pool shall not qualify as qualified high risk pool under
section 2745 of the Public Health Service Act unless the pool
is a qualifying State high risk pool described in paragraph
(1).
(d) Waivers.--In order to accommodate new and innovative programs,
the Secretary may waive such requirements of this section for qualified
State reinsurance programs and for qualifying State high risk pools as
the Secretary deems appropriate.
(e) Funding.--In addition to any other amounts appropriated, there
is appropriated to carry out section 2745 of the Public Health Service
Act (including through a program or pool described in subsection
(a)(1))--
(1) $15,000,000,000 for the period of fiscal years 2015
through 2024; and
(2) an additional $10,000,000,000 for the period of fiscal
years 2020 through 2024.
(f) Definitions.--In this section:
(1) Health insurance coverage; health insurance issuer.--
The terms ``health insurance coverage'' and ``health insurance
issuer'' have the meanings given such terms in section 2791 of
the Public Health Service Act.
(2) Current section 2745 qualified high risk pool.--The
term ``current section 2745 qualified high risk pool'' has the
meaning given the term ``qualified high risk pool'' under
section 2745(g) of the Public Health Service Act as in effect
as of the date of the enactment of this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) Standard risk rate.--The term ``standard risk rate''
means a rate that--
(A) is determined under the State high risk pool by
considering the premium rates charged by other health
insurance issuers offering health insurance coverage to
individuals in the insurance market served;
(B) is established using reasonable actuarial
techniques; and
(C) reflects anticipated claims experience and
expenses for the coverage involved.
(5) State.--The term ``State'' means any of the 50 States
or the District of Columbia. | Covering People With Pre-Existing Conditions Act of 2014 - Requires each state to mitigate the health costs of high risk individuals in the state through a state reinsurance program or a state high risk pool. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Vehicles Incentive Act of
2015''.
SEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN
NONATTAINMENT AREAS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45S. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN
NONATTAINMENT AREAS.
``(a) In General.--For purposes of section 38, in the case of an
eligible business the clean-fuel credit determined under this section
for the taxable year is the sum of--
``(1) the clean-fuel property credit, plus
``(2) the clean-burning fuel use credit.
``(b) Clean-Fuel Property Credit.--
``(1) In general.--The clean-fuel property credit is the
sum of--
``(A) qualified vehicle property costs, plus
``(B) qualified refueling property costs.
``(2) Qualified vehicle property costs.--
``(A) In general.--For purposes of paragraph (1),
the term `qualified vehicle property costs' means the
amount paid or incurred by the eligible business for
qualified clean-fuel vehicle property which is placed
in service during the taxable year by the eligible
business and substantially all of the use of which is
in a nonattainment area.
``(B) Limitation.--The amount which may be taken
into account under subparagraph (A) with respect to any
motor vehicle shall not exceed--
``(i) $8,000, in the case of a motor
vehicle with a gross vehicle weight rating of
not more than 8,500 pounds,
``(ii) $20,000, in the case of a motor
vehicle with a gross vehicle weight rating of
more than 8,500 pounds but not more than 14,000
pounds,
``(iii) $40,000, in the case of a motor
vehicle with a gross vehicle weight rating of
more than 14,000 pounds but not more than
26,000 pounds, and
``(iv) $80,000, in the case of a motor
vehicle with a gross vehicle weight rating of
more than 26,000 pounds.
``(C) Qualified clean-fuel vehicle property.--The
term `qualified clean-fuel vehicle property' shall have
the meaning given to such term by section 179A(c)
(without regard to paragraphs (1)(A) and (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.
``(3) Qualified refueling property costs.--
``(A) In general.--For purposes of paragraph (1),
the term `qualified refueling property costs' means
amounts paid or incurred by the eligible business for
qualified clean-fuel vehicle refueling property (as
defined by section 179A(d)) which is placed in service
in a nonattainment area during the taxable year by the
eligible business.
``(B) Limitation.--
``(i) In general.--The aggregate cost which
may be taken into account under subparagraph
(A) with respect to qualified clean-fuel
vehicle refueling property placed in service by
the eligible business during the taxable year
at a location shall not exceed the lesser of--
``(I) $150,000, 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) Clean-Burning Fuel Use Credit.--
``(1) In general.--For purposes of subsection (a), the
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 business during the taxable year to propel
qualified clean-fuel vehicle property.
``(2) Clean-burning fuel.--For purposes of paragraph (1),
the term `clean-burning fuel' has the meaning given to such
term by section 179A, except that such term includes compressed
natural gas and biodiesel (as defined by section 40A(d)(1)).
``(3) Gasoline gallon equivalent.--For purposes of
paragraph (1), 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.
``(d) Other Definitions.--For purposes of this section--
``(1) Eligible business.--The term `eligible business'
means--
``(A) a qualified business entity or a qualified
proprietorship (as such terms are defined by section
1397C, determined by substituting `nonattainment area'
for `empowerment zone' and `enterprise zone' each place
it appears), and
``(B) a trade or business located outside of a
nonattainment area, but only with respect to qualified
clean-fuel vehicle property used substantially within a
nonattainment area.
``(2) Nonattainment area.--The term `nonattainment area'
shall have the meaning given to such term by section 171 of the
Clean Air Act (42 U.S.C. 7501).
``(e) Denial of Double Benefit.--Except as provided in section
30B(d)(4), 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.
``(f) Recapture.--The Secretary shall, by regulations, provide for
recapturing the benefit under any credit allowable under subsection (a)
with respect to any property substantially all of the use of which is
not in a nonattainment area.''.
(b) 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 (35), by striking
the period at the end of paragraph (36) and inserting ``, plus'', and
by adding at the end thereof the following new paragraph:
``(37) the clean-fuel credit determined under section
45S.''.
(c) 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:
``(i) 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 45S.''.
(d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph
(B) of section 38(c)(4) of such Code (relating to specified credits) is
amended by striking ``and'' at the end of clause (viii), by striking
the period at the end of clause (ix) and inserting ``, and'', and by
inserting after clause (ix) the following:
``(x) the credit determined under section
45S.''.
(e) Deduction for Certain Unused Business Credits.--Subsection (c)
of section 196 of such Code is amended by striking ``and'' at the end
of paragraph (13), by striking the period at the end of paragraph (14)
and inserting ``, and'', and by adding after paragraph (14) the
following new paragraph:
``(15) the clean fuels credit determined under section
45S.''.
(f) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45R the following new
item:
``Sec. 45S. Clean-fuel credit with respect to businesses located in
nonattainment areas.''.
(g) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2014.
SEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT
AREAS.
(a) In General.--Subsection (d) of section 30B of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) Vehicles placed in service in nonattainment area
after 2014.--
``(A) In general.--No amount shall be allowed as a
credit determined under this subsection for any taxable
year beginning after 2014 with respect to a new
qualified hybrid motor vehicle unless such vehicle is
placed in service by an eligible business and
substantially all of the use of which is in a
nonattainment area.
``(B) Recapture.--The Secretary shall, by
regulations, provide for recapturing the benefit under
any credit allowable under subsection (a) by reason of
subparagraph (A) with respect to any property
substantially all of the use of which is not in a
nonattainment area.
``(C) Phaseout not to apply.--For purposes of this
subsection, subsection (f) shall not apply.
``(D) Definitions.--For purposes of this
subsection, the terms `eligible business' and
`nonattainment area' have the meanings given such terms
by section 45S(d).''.
(b) Extension of Credit for Hybrid Vehicles Placed in Service in
Nonattainment Areas.--Paragraph (3) of section 30(k) of such Code is
amended to read as follows:
``(3) in the case of a new qualified hybrid motor vehicle
(as described in subsection (d)(2)(B))--
``(A) December 31, 2009, and before January 1,
2015, or
``(B) December 31, 2014, and before January 1,
2020.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2014. | Clean Vehicles Incentive Act of 2015 Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and the use of clean-burning fuel. Allows a new qualified hybrid motor vehicle tax credit for hybrid motor vehicles placed in service after December 31, 2014, by an eligible business if substantially all of the use of the vehicle is in a nonattainment area. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lupus Research and Care Amendments
of 2000''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) lupus is a serious, complex, inflammatory, autoimmune
disease of particular concern to women;
(2) lupus affects women nine times more often than men;
(3) there are three main types of lupus: systemic lupus, a
serious form of the disease that affects many parts of the
body; discoid lupus, a form of the disease that affects mainly
the skin; and drug-induced lupus caused by certain medications;
(4) lupus can be fatal if not detected and treated early;
(5) the disease can simultaneously affect various areas of
the body, such as the skin, joints, kidneys, and brain, and can
be difficult to diagnose because the symptoms of lupus are
similar to those of many other diseases;
(6) lupus disproportionately affects African-American
women, as the prevalence of the disease among such women is
three times the prevalence among white women, and an estimated
1 in 250 African-American women between the ages of 15 and 65
develops the disease;
(7) it has been estimated that between 1,400,000 and
2,000,000 Americans have been diagnosed with the disease, and
that many more have undiagnosed cases;
(8) current treatments for the disease can be effective,
but may lead to damaging side effects;
(9) many victims of the disease suffer debilitating pain
and fatigue, making it difficult to maintain employment and
lead normal lives; and
(10) in fiscal year 1996, the amount allocated by the
National Institutes of Health for research on lupus was
$33,000,000, which is less than one-half of 1 percent of the
budget for such Institutes.
TITLE I--RESEARCH ON LUPUS
SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES.
Subpart 4 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285d et seq.) is amended by inserting after section 441 the
following section:
``lupus
``Sec. 441A. (a) In General.--The Director of the Institute shall
expand and intensify research and related activities of the Institute
with respect to lupus.
``(b) Coordination With Other Institutes.--The Director of the
Institute shall coordinate the activities of the Director under
subsection (a) with similar activities conducted by the other national
research institutes and agencies of the National Institutes of Health
to the extent that such Institutes and agencies have responsibilities
that are related to lupus.
``(c) Programs for Lupus.--In carrying out subsection (a), the
Director of the Institute shall conduct or support research to expand
the understanding of the causes of, and to find a cure for, lupus.
Activities under such subsection shall include conducting and
supporting the following:
``(1) Research to determine the reasons underlying the
elevated prevalence of lupus in women, including African-
American women.
``(2) Basic research concerning the etiology and causes of
the disease.
``(3) Epidemiological studies to address the frequency and
natural history of the disease and the differences among the
sexes and among racial and ethnic groups with respect to the
disease.
``(4) The development of improved diagnostic techniques.
``(5) Clinical research for the development and evaluation
of new treatments, including new biological agents.
``(6) Information and education programs for health care
professionals and the public.
``(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 2001 through 2003.''.
TITLE II--DELIVERY OF SERVICES REGARDING LUPUS
SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS.
(a) In General.--The Secretary of Health and Human Services shall
in accordance with this title make grants to provide for projects for
the establishment, operation, and coordination of effective and cost-
efficient systems for the delivery of essential services to individuals
with lupus and their families.
(b) Recipients of Grants.--A grant under subsection (a) may be made
to an entity only if the entity is a public or nonprofit private
entity, which may include a State or local government; a public or
nonprofit private hospital, community-based organization, hospice,
ambulatory care facility, community health center, migrant health
center, or homeless health center; or other appropriate public or
nonprofit private entity.
(c) Certain Activities.--To the extent practicable and appropriate,
the Secretary shall ensure that projects under subsection (a) provide
services for the diagnosis and disease management of lupus. Activities
that the Secretary may authorize for such projects may also include the
following:
(1) Delivering or enhancing outpatient, ambulatory, and
home-based health and support services, including case
management and comprehensive treatment services, for
individuals with lupus; and delivering or enhancing support
services for their families.
(2) Delivering or enhancing inpatient care management
services that prevent unnecessary hospitalization or that
expedite discharge, as medically appropriate, from inpatient
facilities of individuals with lupus.
(3) Improving the quality, availability, and organization
of health care and support services (including transportation
services, attendant care, homemaker services, day or respite
care, and providing counseling on financial assistance and
insurance) for individuals with lupus and support services for
their families.
(d) Integration With Other Programs.--To the extent practicable and
appropriate, the Secretary shall integrate the program under this title
with other grant programs carried out by the Secretary, including the
program under section 330 of the Public Health Service Act.
SEC. 202. CERTAIN REQUIREMENTS.
A grant may be made under section 201 only if the applicant
involved makes the following agreements:
(1) Not more than 5 percent of the grant will be used for
administration, accounting, reporting, and program oversight
functions.
(2) The grant will be used to supplement and not supplant
funds from other sources related to the treatment of lupus.
(3) The applicant will abide by any limitations deemed
appropriate by the Secretary on any charges to individuals
receiving services pursuant to the grant. As deemed appropriate
by the Secretary, such limitations on charges may vary based on
the financial circumstances of the individual receiving
services.
(4) The grant will not be expended to make payment for
services authorized under section 201(a) to the extent that
payment has been made, or can reasonably be expected to be
made, with respect to such services--
(A) under any State compensation program, under an
insurance policy, or under any Federal or State health
benefits program; or
(B) by an entity that provides health services on a
prepaid basis.
(5) The applicant will, at each site at which the applicant
provides services under section 201(a), post a conspicuous
notice informing individuals who receive the services of any
Federal policies that apply to the applicant with respect to
the imposition of charges on such individuals.
SEC. 203. TECHNICAL ASSISTANCE.
The Secretary may provide technical assistance to assist entities
in complying with the requirements of this title in order to make such
entities eligible to receive grants under section 201.
SEC. 204. DEFINITIONS.
For purposes of this title:
(1) The term ``official poverty line'' means the poverty
line established by the Director of the Office of Management
and Budget and revised by the Secretary in accordance with
section 673(2) of the Omnibus Budget Reconciliation Act of
1981.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title, there are authorized to
be appropriated such sums as may be necessary for each of the fiscal
years 2001 through 2003.
Passed the House of Representatives October 10, 2000.
Attest:
Clerk. | Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women.Authorizes appropriations.Title II: Delivery of Services Regarding Lupus - Mandates grants for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. Requires the Secretary of Health and Human Services to: (1) ensure that grant projects provide services for lupus diagnosis and disease management; and (2) integrate such projects with other grant programs carried out by the Secretary. Authorizes technical assistance. Authorizes appropriations. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Disaster Inquiry
Commission Act of 2005''.
SEC. 2. DEFINITION.
For purposes of this Act, the term ``Commission'' means the
Commission established under this Act.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--The President shall establish an independent,
nonpartisan Commission within the executive branch to discover and
assess the circumstances related to the damage caused by Hurricane
Katrina on or between Friday, August 26, 2005, and Tuesday, August 30,
2005.
(b) Deadline for Establishment.--The President shall issue an
executive order establishing a Commission within 30 days after the date
of enactment of this Act.
SEC. 4. COMPOSITION OF COMMISSION.
(a) Number of Commissioners.--The Commission shall consist of 15
members.
(b) Selection.--The members of the Commission shall be chosen in
the following manner:
(1) The President of the United States Conference of Mayors
shall be a member of the Commission.
(2) The President shall appoint the remaining 14 members,
and shall designate the Chairman and Vice Chairman of the
Commission from among its members.
(3) Five of the 14 members appointed by the President shall
be selected by the President in the following manner:
(A) The majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of
Representatives, the minority leader of the House of
Representatives, and the President of the collective-
bargaining organization including the largest number of
emergency medical responders, shall each provide to the
President a list of candidates for membership on the
Commission.
(B) The President shall select one of the
candidates from each of the 5 lists for membership on
the Commission.
(4)(A) No officer or employee of the Federal Government
shall serve as a member of the Commission.
(B) No member of the Commission shall have, or have
pending, a contractual relationship with the Federal Emergency
Management Agency.
(C) The President may waive the prohibitions in
subparagraphs (A) and (B) with respect to the selection of not
more than 2 members of the Commission.
(5) The President shall not appoint any individual as a
member of the Commission who has a current or former
relationship with the Federal Emergency Management Agency that
the President determines would constitute a conflict of
interest.
(6) To the extent practicable, the President shall ensure
that the members of the Commission include some individuals
with experience relative to local government administration, as
well as some individuals with investigative experience and some
individuals with legal experience.
(7) To the extent practicable, the President shall seek
diversity in the membership of the Commission.
(c) Deadline for Appointment.--All members of the Commission shall
be appointed no later than 60 days after issuance of the executive
order establishing the Commission.
(d) Initial Meeting.--The Commission shall meet and begin
operations as soon as practicable.
(e) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the Chairman or a majority of its members.
Eight members of the Commission shall constitute a quorum. Any vacancy
in the Commission shall not affect its powers, but shall be filled in
the same manner in which the original appointment was made.
SEC. 5. TASKS OF THE COMMISSION.
The Commission shall, to the extent possible, undertake the
following tasks:
(1) Chronicle the trajectory of Hurricane Katrina,
including the timetable and locations of its path, and the
responses made by the Federal, State, and local governments.
(2) Issue a statement of an estimate as to the loss of
life, physical and structural damage, and displacement of
residents as a result of the disaster.
(3) Make recommendations for corrective actions.
(4) Provide any additional findings or recommendations
considered by the Commission to be important, whether or not
they are related to emergency disaster management.
(5) Prepare a report to Congress, the President, and the
public.
SEC. 6. POWERS OF COMMISSION.
(a) In General.--
(1) Hearings and evidence.--The Commission or, on the
authority of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out this Act--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(B) subject to paragraph (2)(A), require, by
subpoena or otherwise, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents,
as the Commission or such designated subcommittee or designated
member may determine advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the
Chairman and the Vice Chairman; or
(II) by the affirmative vote of 8
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the Chairman or
any member designated by a majority of the
Commission, and may be served by any person
designated by the Chairman or by a member
designated by a majority of the Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under
subparagraph (A), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of a failure of a witness to comply with a
subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the
matter before a grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(c) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Government, information, suggestions, estimates, and statistics
for the purposes of this Act. Each department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law, furnish
such information, suggestions, estimates, and statistics
directly to the Commission, upon request made by the Chairman,
the chairman of any subcommittee created by a majority of the
Commission, or any member designated by a majority of the
Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's tasks.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.
(a) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
this Act.
(b) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 8. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The Chairman, in
consultation with Vice Chairman, in accordance with rules
agreed upon by the Commission, may appoint and fix the
compensation of a staff director and such other personnel as
may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this paragraph may exceed the
equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States
Code. Employees of the Federal Emergency Management Agency
shall not be appointed to the staff of the Commission.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission shall be considered
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) does
not apply to members of the Commission.
(b) Detailees.--Any Federal Government employee, except for an
employee of the Federal Emergency Management Agency, may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Consultant Services.--The Commission may procure the services
of experts and consultants in accordance with section 3109 of title 5,
United States Code, but at rates not to exceed the daily rate paid a
person occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
SEC. 9. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements. No person
shall be provided with access to classified information under this Act
without the appropriate security clearances.
SEC. 11. REPORTING REQUIREMENTS AND TERMINATION.
(a) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations for corrective actions as have been agreed to by a
majority of Commission members.
(b) Final Report.--The Commission shall submit to the President and
Congress, and make concurrently available to the public, a final report
containing such findings, conclusions, and recommendations for
corrective actions as have been agreed to by a majority of Commission
members. Such report shall include any minority views or opinions not
reflected in the majority report.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act with respect to the Commission, shall terminate 60
days after the date on which the final report is submitted
under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 12. FUNDING.
Such sums as are necessary to carry out this Act are authorized to
be appropriated. Sums authorized by this Act shall remain available
until the termination of the Commission. | Hurricane Katrina Disaster Inquiry Commission Act of 2005 - Directs the President to establish an independent nonpartisan Commission within the executive branch to discover and assess the circumstances relating to the damage caused by Hurricane Katrina on or between Friday, August 26, 2005, and Tuesday, August 30, 2005.
Directs the Commission to: (1) chronicle the trajectory of Hurricane Katrina, including the timetable and locations of its path, and the responses made by the federal, state, and local governments; (2) estimate the loss of life, physical and structural damage, and displacement of residents; (3) recommend corrective actions; and (4) prepare a report to Congress, the President, and the public. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Artists' Contribution to American
Heritage Act of 1999''.
SEC. 2. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE
TAXPAYER.
(a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the end the
following new paragraph:
``(7) Special rule for certain contributions of literary,
musical, or artistic compositions.--
``(A) In general.--In the case of a qualified
artistic charitable contribution--
``(i) the amount of such contribution shall
be the fair market value of the property
contributed (determined at the time of such
contribution), and
``(ii) no reduction in the amount of such
contribution shall be made under paragraph (1).
``(B) Qualified artistic charitable contribution.--
For purposes of this paragraph, the term `qualified
artistic charitable contribution' means a charitable
contribution of any literary, musical, artistic, or
scholarly composition, or similar property, or the
copyright thereon (or both), but only if--
``(i) such property was created by the
personal efforts of the taxpayer making such
contribution no less than 18 months prior to
such contribution,
``(ii) the taxpayer--
``(I) has received a qualified
appraisal of the fair market value of
such property in accordance with the
regulations under this section, and
``(II) attaches to the taxpayer's
income tax return for the taxable year
in which such contribution was made a
copy of such appraisal,
``(iii) the donee is an organization
described in subsection (b)(1)(A),
``(iv) the use of such property by the
donee is related to the purpose or function
constituting the basis for the donee's
exemption under section 501 (or, in the case of
a governmental unit, to any purpose or function
described under subsection (c)),
``(v) the taxpayer receives from the donee
a written statement representing that the
donee's use of the property will be in
accordance with the provisions of clause (iv),
and
``(vi) the written appraisal referred to in
clause (ii) includes evidence of the extent (if
any) to which property created by the personal
efforts of the taxpayer and of the same type as
the donated property is or has been--
``(I) owned, maintained, and
displayed by organizations described in
subsection (b)(1)(A), and
``(II) sold to or exchanged by
persons other than the taxpayer, donee,
or any related person (as defined in
section 465(b)(3)(C)).
``(C) Maximum dollar limitation; no carryover of
increased deduction.--The increase in the deduction
under this section by reason of this paragraph for any
taxable year--
``(i) shall not exceed the artistic
adjusted gross income of the taxpayer for such
taxable year, and
``(ii) shall not be taken into account in
determining the amount which may be carried
from such taxable year under subsection (d).
``(D) Artistic adjusted gross income.--For purposes
of this paragraph, the term `artistic adjusted gross
income' means that portion of the adjusted gross income
of the taxpayer for the taxable year attributable to--
``(i) income from the sale or use of
property created by the personal efforts of the
taxpayer which is of the same type as the
donated property, and
``(ii) income from teaching, lecturing,
performing, or similar activity with respect to
property described in clause (i).
``(E) Paragraph not to apply to certain
contributions.--Subparagraph (A) shall not apply to any
charitable contribution of any letter, memorandum, or
similar property which was written, prepared, or
produced by or for an individual while the individual
is an officer or employee of any person (including any
government agency or instrumentality) unless such
letter, memorandum, or similar property is entirely
personal.
``(F) Copyright treated as separate property for
partial interest rule.--In the case of a qualified
artistic charitable contribution, the tangible
literary, musical, artistic, or scholarly composition,
or similar property and the copyright on such work
shall be treated as separate properties for purposes of
this paragraph and subsection (f)(3).''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made after the date of the enactment of this Act in
taxable years ending after such date. | Limits such increased deduction to the donor's artistic adjusted income (as defined by this Act).. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Swine Waste Infrastructure and
Natural Environment Act'' or the ``SWINE Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Animal agricultural production represents an important
part of our Nation's economy and a critical source of income
for hundreds of thousands of American families.
(2) Animal agricultural production facilities, including
combined animal feeding operations (CAFOs), produce millions of
tons of animal waste annually, the management and disposal of
which represents an integral part of the animal agricultural
production process.
(3) Traditional methods of animal waste disposal,
especially those associated with ``lagoon and spray-field''
systems, have been shown by federally funded research to result
in negative environmental and social externalities, including
contamination of soil, groundwater, and surface water with
nitrogen, contamination of air with ammonia, and other threats
to animal and human health.
(4) During severe weather events, the risk of negative
externalities can become particularly acute, as ``lagoons''
have the potential to overflow or breach their walls and flood
surrounding communities and waterways with unprocessed animal
waste.
(5) In the Southeastern United States, combined animal
feeding operations dedicated to the production of swine are
disproportionately located in low-income communities.
(6) In recent decades, collaborative research and
development efforts by industry, academia, and the public
sector have produced numerous superior waste management and
disposal technologies that have been shown to significantly
reduce the negative environmental and social externalities
associated with ``lagoon and spray-field'' systems and, in some
cases, produce value-added byproducts that can generate new
revenue for producers.
(7) The widespread adoption of superior waste management
and disposal technologies has been inhibited by various social
and economic factors, including the cost to producers of
installing and operating such systems.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the conversion of existing ``lagoon and spray-field''
systems into superior waste management and disposal systems
would produce significant benefits to the environment and
public health, including more sustainable agricultural
operations, improved animal health, and improved resilience
against severe weather events, and should thus be a goal of
national policy; and
(2) the approval of new animal agricultural production
facilities by Federal or State authorities should be made
contingent on the adoption of superior waste management and
disposal systems, as has already occurred in some States.
SEC. 3. ENVIRONMENTALLY SUSTAINABLE SWINE WASTE DISPOSAL TECHNOLOGIES.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Agriculture shall establish a
program for certifying environmentally sustainable swine waste disposal
technologies in accordance with this section.
(b) Standards.--
(1) Requirements.--In establishing the program under this
section, the Secretary shall establish standards requiring that
a swine waste disposal technology, in order to be certified
under this section--
(A) eliminate animal discharge into surface waters
and groundwater through direct discharge, seepage, or
runoff;
(B) substantially eliminate atmospheric emissions
of ammonia from swine waste;
(C) substantially eliminate the emission of odor
from swine waste that is detectable beyond the
boundaries of the parcel or tract of land on which the
swine farm is located;
(D) substantially eliminate the release of disease-
transmitting vectors and airborne pathogens from swine
waste;
(E) substantially eliminate nutrient and heavy
metal contamination of soil and groundwater from swine
waste; and
(F) be cost-effective.
(2) Cost-effectiveness.--In determining whether a
technology is cost-effective under this section, the
Secretary--
(A) shall consider the full range of subsidies
available under this Act and other Federal programs,
and available State and private-sector support;
(B) in considering the costs of a technology, may
include costs associated with adoption of the
technology and the estimated operation and maintenance
costs of the technology through the life of technology;
and
(C) may not require parity with the cost of
existing swine waste disposal technologies and systems.
(3) Consultation.--In establishing standards under this
paragraph, the Secretary shall consult with the Administrator
of the Environmental Protection Agency, the relevant task force
established under section 1672A of the Food, Agriculture,
Conservation, and Trade Act of 1990, and States that have a
history of widespread use of lagoon and spray technology on
swine farms.
(c) Certification.--
(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency and the
relevant task force established under section 1672A of the
Food, Agriculture, Conservation, and Trade Act of 1990, shall
certify a swine waste disposal technology as being
environmentally sustainable if it meets the standards
established under subsection (b).
(2) Eligible technologies.--Swine waste disposal
technologies that are eligible for certification under this
subsection include stand-alone waste disposal technology
platforms and multi-part systems, which may incorporate in-
ground technology, that meet or exceed, in combination, the
standards established under this section, as determined by the
Secretary.
SEC. 4. STATE PERMITTING AND CERTIFICATION REQUIREMENTS.
Beginning on the effective date of the standards established under
section 2, no State may issue a permit pursuant to any Federal law to a
swine farm that is a concentrated animal feeding operation (as defined
in section 122.23 of title 40, Code of Federal Regulations) unless the
swine farm disposes of swine waste only through use of swine waste
disposal technology certified under section 3(c).
SEC. 5. SWINE WASTE MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.
(a) In General.--Title XVI of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5801 et seq.) is amended by inserting
after section 1672 (7 U.S.C. 5925) the following new section:
``SEC. 1672A. SWINE WASTE MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.
``(a) Competitive Research and Extension Grants Authorized.--The
Secretary shall make competitive grants to support research and
extension activities specified in subsection (c). The Secretary shall
make the grants in consultation with the National Agricultural
Research, Extension, Education, and Economics Advisory Board and the
task force appointed under subsection (b)(2)(A).
``(b) Administration.--
``(1) In general.--Paragraphs (4) and (7) of subsection (b)
of the Competitive, Special, and Facilities Research Grant Act
(7 U.S.C. 450i) shall apply with respect to the making of
grants under this section.
``(2) Use of task forces.--
``(A) In general.--To facilitate the making of
research and extension grants under this section for
the purpose specified in subsection (c), the Secretary
shall appoint a task force to make recommendations to
the Secretary.
``(B) Composition.--A task force established under
subparagraph (A) shall be composed of representatives
of each of the following entities:
``(i) Colleges and universities.
``(ii) The Department of Agriculture.
``(iii) The Environmental Protection
Agency.
``(iv) The swine production industry.
``(v) A nonprofit organization focused on
the environmental effects of swine farm
operations.
``(vi) A nonprofit organization focused on
the social effects of swine farm operations.
``(c) Environmentally Superior Swine Waste Management Technologies
Research and Extension.--Research and extension grants may be made
under this section, with respect to swine waste management technologies
certified under section 3(c) of the SWINE Act, for the purpose of
identifying, evaluating, and demonstrating environmentally superior
waste management technologies for the processing of swine waste.
``(d) Priority.--Following the completion of a peer review process
for grant proposals received under this section, the Secretary shall
give priority to those grant proposals that involve one or more of the
following:
``(1) The cooperation of multiple entities.
``(2) States or regions with a high concentration of spray
field and lagoon operations.
``(3) A reduction in water usage.
``(4) The reduction of ammonia and odor emissions, disease-
transmitting vectors, airborne pathogens, and nutrient and
heavy metal contamination that exceed the standards established
for swine waste management technologies certified under section
3(c) of the SWINE Act with respect to such reduction.
``(5) Significant improvement of the health of swine.
``(6) The generation of electricity.
``(7) Significant increases in nutrient recovery and
fertilizer production.
``(8) Alternative uses of swine waste and the generation of
renewable energy using such waste, including innovative methods
and technologies to allow agricultural operators to make use of
swine waste, such as use as fertilizer, methane digestion,
composting, and other useful byproducts.
``(9) Maximizing nutrition management for swine while
limiting the risks associated with swine feeding practices
(such as mineral bypass).
``(10) Improvements to water quality and aquatic
ecosystems, including with respect to mitigating the impact of
microorganisms of the genus Pfiesteria and other microorganisms
that are a threat to human or animal health on aquatic food
webs, especially commercially important aquatic species and
their habitats.
``(11) The advancement of efforts of the Department of
Agriculture to reduce and eliminate antibiotics in livestock.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2018 through 2028.''.
(b) Confirming Availability of Pork Promotion Funding.--Section
1620(c)(3)(B)(i) of the Pork Promotion, Research, and Consumer
Information Act of 1985 (7 U.S.C. 4809(c)(3)(B)(i)) is amended by
inserting before the semicolon the following: ``, including grants
awarded under section 1672A of the Food, Agriculture, Conservation, and
Trade Act of 1990''.
SEC. 6. ELIGIBILITY OF ENVIRONMENTALLY SUSTAINABLE SWINE WASTE DISPOSAL
TECHNOLOGIES UNDER EQIP.
For purposes of section 1240A(4) of the Food Security Act of 1985
(16 U.S.C. 3839aa-1(4)), the installation and maintenance on a swine
farm of a swine waste disposal technology certified under section 3(c)
of this Act shall be considered an improvement to eligible land of a
producer that is consistent with the purposes of the environmental
quality incentives program established under chapter 4 of subtitle D of
title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa-1 et
seq.).
SEC. 7. SWINE WASTE DISPOSAL CREDITS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new sections:
``SECTION 45S. SWINE WASTE DISPOSAL TECHNOLOGY INSTALLATION CREDIT.
``(a) Allowance of Credit.--For purposes of section 38, the swine
waste disposal technology installation credit determined under this
section with respect to a taxpayer for any taxable year is an amount
equal to the sum of--
``(1) 4 percent of the qualified installation costs paid or
incurred by the taxpayer during the taxable year, and
``(2) 4 percent of such costs paid or incurred by the
taxpayer during any of the prior four taxable years.
``(b) Qualified Installation Cost.--For purposes of this section,
the term `qualified installation cost' means, with respect to a
taxpayer, amounts which are paid or incurred in the ordinary course of
the taxpayer's trade or business to install certified swine waste
disposal technology.
``(c) Certified Swine Waste Disposal Technology.--The term
`certified swine waste disposal technology' means environmentally
sustainable technology certified under section 3(c) of the Swine Waste
Infrastructure and Natural Environment Act.
``SEC. 45T. SWINE WASTE DISPOSAL CREDIT.
``(a) In General.--For purposes of section 38, the swine waste
disposal credit determined under this section with respect to taxpayer
for any taxable year is an amount equal to $100 for each 1,000 pounds
of steady state live weight of swine waste disposed of in the ordinary
course of the taxpayer's trade or business using certified swine waste
disposal technology (as such term is defined in section 45S) by the
taxpayer during the taxable year.
``(b) Maximum Credit.--
``(1) In general.--The aggregate credit determined under
subsection (a) for any taxable year with respect to any
taxpayer shall not exceed the qualified costs of the taxpayer
for such taxable year.
``(2) Qualified costs defined.--For purposes of this
section, the term `qualified costs' means costs paid or
incurred by a taxpayer to maintain or operate certified swine
waste disposal technology.''.
(b) Treatment as General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (35), by striking the period at the end of paragraph (36) and
inserting a comma, and by adding at the end the following new
paragraphs:
``(37) the swine waste disposal technology installation
credit determined under section 45S(a), plus
``(38) the swine waste disposal credit determined under
section 45T(a).''.
(c) Deduction for Unused Credit.--Subsection (c) of section 196 of
such Code is amended by striking ``and'' at the end of paragraph (13),
by striking the period at the end of paragraph (14) and inserting a
comma, and by adding at the end the following new paragraphs:
``(15) the swine waste disposal technology installation
credit determined under section 45S(a), and
``(16) the swine waste disposal credit determined under
section 45T(a).''.
(d) Deduction Against AMT.--Subparagraph (B) of section 38(c)(4) of
such Code is amended by striking ``and'' at the end of clause (viii),
by striking the period at the end of clause (ix) and inserting a comma,
and by adding at the end the following new clauses:
``(x) the credit determined under section
45S, and
``(xi) the credit determined under section
45T.''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the such Code is amended by
adding at the end the following new items:
``Sec. 45S. Swine waste disposal technology installation credit.
``Sec. 45T. Swine waste disposal credit.''.
(f) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred and swine waste disposed of after
December 31, 2017.
SEC. 8. SWINE FARM DEFINED.
In this Act, the term ``swine farm'' means a tract of land devoted
to raising 250 or more animals of the porcine species. | Swine Waste Infrastructure and Natural Environment Act or the SWINE Act This bill establishes a program to certify environmentally sustainable swine waste disposal technologies and authorizes related tax credits and grants. The Department of Agriculture (USDA) must certify technologies that: eliminate animal discharge into surface waters and groundwater through direct discharge, seepage, or runoff; substantially eliminate atmospheric emissions of ammonia from swine waste; substantially eliminate the emission of odor from swine waste that is detectable beyond the boundaries of the parcel or tract of land on which the swine farm is located; substantially eliminate the release of disease-transmitting vectors and airborne pathogens from swine waste; substantially eliminate nutrient and heavy metal contamination of soil and groundwater from swine waste; and are cost-effective. States may not issue permits, pursuant to any federal law, to a swine farm that is a concentrated animal feeding operation unless the farm disposes of swine waste using a certified technology. The bill amends several agricultural laws to: require USDA to make competitive grants for activities to identify, evaluate, and demonstrate environmentally superior swine waste management technologies; permit the Pork Promotion Board to use its funding for activities related to the grants; and make the installation and maintenance of a certified technology on a swine farm eligible for the Environmental Quality Incentives Program. The bill amends the Internal Revenue Code to allow tax credits for: (1) the installation of a certified swine waste disposal technology, and (2) the disposal of swine waste using certified technology. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pet and Women Safety Act of 2017''.
SEC. 2. PET INVOLVEMENT IN CRIMES RELATED TO DOMESTIC VIOLENCE AND
STALKING.
(a) Interstate Stalking.--Section 2261A of title 18, United States
Code, is amended--
(1) in paragraph (1)(A)--
(A) in clause (ii), by striking ``or'' at the end;
and
(B) by inserting after clause (iii) the following:
``(iv) the pet of that person; or''; and
(2) in paragraph (2)(A)--
(A) by inserting after ``to a person'' the
following: ``or a pet''; and
(B) by striking ``or (iii)'' and inserting ``(iii),
or (iv)''.
(b) Interstate Violation of Protection Order.--Section 2262 of
title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting after ``another
person'' the following: ``or the pet of that person'';
and
(B) in paragraph (2), by inserting after
``proximity to, another person'' the following ``or the
pet of that person''; and
(2) in subsection (b)(5), by inserting after ``in any other
case,'' the following: ``including any case in which the
offense is committed against a pet,''.
(c) Restitution To Include Veterinary Services.--Section 2264 of
title 18, United States Code, is amended in subsection (b)(3)--
(1) by redesignating subparagraph (F) as subparagraph (G);
(2) in subparagraph (E), by striking ``and'' at the end;
and
(3) by inserting after subparagraph (E) the following:
``(F) veterinary services relating to physical care
for the victim's pet; and''.
(d) Pet Defined.--Section 2266 of title 18, United States Code, is
amended by inserting after paragraph (10) the following:
``(11) Pet.--The term `pet' means a domesticated animal,
such as a dog, cat, bird, rodent, fish, turtle, horse, or other
animal that is kept for pleasure rather than for commercial
purposes.''.
SEC. 3. EMERGENCY AND TRANSITIONAL PET SHELTER AND HOUSING ASSISTANCE
GRANT PROGRAM.
(a) In General.--The Secretary of Agriculture (hereinafter in this
section referred to as the ``Secretary''), acting in consultation with
the Office of the Violence Against Women of the Department of Justice,
the Secretary of Housing and Urban Development, and the Secretary of
Health and Human Services, shall award grants under this section to
eligible entities to carry out programs to provide the assistance
described in subsection (c) with respect to victims of domestic
violence, dating violence, sexual assault, or stalking and the pets of
such victims.
(b) Application.--
(1) In general.--An eligible entity seeking a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require, including--
(A) a description of the activities for which a
grant under this section is sought;
(B) such assurances as the Secretary determines to
be necessary to ensure compliance by the entity with
the requirements of this section; and
(C) a certification that the entity, before
engaging with any individual domestic violence victim,
will disclose to the victim any mandatory duty of the
entity to report instances of abuse and neglect
(including instances of abuse and neglect of pets).
(2) Additional requirements.--In addition to the
requirements of paragraph (1), each application submitted by an
eligible entity under that paragraph shall--
(A) not include proposals for any activities that
may compromise the safety of a domestic violence
victim, including--
(i) background checks of domestic violence
victims; or
(ii) clinical evaluations to determine the
eligibility of such a victim for support
services;
(B) not include proposals that would require
mandatory services for victims or that a victim obtain
a protective order in order to receive proposed
services; and
(C) reflect the eligible entity's understanding of
the dynamics of domestic violence, dating violence,
sexual assault, or stalking.
(3) Rules of construction.--Nothing in this subsection
shall be construed to require--
(A) domestic violence victims to participate in the
criminal justice system in order to receive services;
or
(B) eligible entities receiving a grant under this
section to breach client confidentiality.
(c) Use of Funds.--Grants awarded under this section may only be
used for programs that provide--
(1) emergency and transitional shelter and housing
assistance for domestic violence victims with pets, including
assistance with respect to any construction or operating
expenses of newly developed or existing emergency and
transitional pet shelter and housing (regardless of whether
such shelter and housing is co-located at a victim service
provider or within the community);
(2) short-term shelter and housing assistance for domestic
violence victims with pets, including assistance with respect
to expenses incurred for the temporary shelter, housing,
boarding, or fostering of the pets of domestic violence victims
and other expenses that are incidental to securing the safety
of such a pet during the sheltering, housing, or relocation of
such victims;
(3) support services designed to enable a domestic violence
victim who is fleeing a situation of domestic violence, dating
violence, sexual assault, or stalking to--
(A) locate and secure--
(i) safe housing with the victim's pet; or
(ii) safe accommodations for the victim's
pet; or
(B) provide the victim with pet-related services,
such as pet transportation, pet care services, and
other assistance; or
(4) for the training of relevant stakeholders on--
(A) the link between domestic violence, dating
violence, sexual assault, or stalking and the abuse and
neglect of pets;
(B) the needs of domestic violence victims;
(C) best practices for providing support services
to such victims;
(D) best practices for providing such victims with
referrals to victims' services; and
(E) the importance of confidentiality.
(d) Grant Conditions.--An eligible entity that receives a grant
under this section shall, as a condition of such receipt, agree--
(1) to be bound by the nondisclosure of confidential
information requirements of section 40002(b)(2) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(b)(2)); and
(2) that the entity shall not condition the receipt of
support, housing, or other benefits provided pursuant to this
section on the participation of domestic violence victims in
any or all of the support services offered to such victims
through a program carried out by the entity using grant funds.
(e) Duration of Assistance Provided to Victims.--
(1) In general.--Subject to paragraph (2), assistance
provided with respect to a pet of a domestic violence victim
using grant funds awarded under this section shall be provided
for a period of not more than 24 months.
(2) Extension.--An eligible entity that receives a grant
under this section may extend the 24-month period referred to
in paragraph (1) for a period of not more than 6 months in the
case of a domestic violence victim who--
(A) has made a good faith effort to acquire
permanent housing for the victim's pet during that 24-
month period; and
(B) has been unable to acquire such permanent
housing within that period.
(f) Report to the Secretary.--Not later than 1 year after the date
on which an eligible entity receives a grant under this section and
each year thereafter, the entity shall submit to the Secretary a report
that contains, with respect to assistance provided by the entity to
domestic violence victims with pets using grant funds received under
this section, information on--
(1) the number of domestic violence victims with pets
provided such assistance; and
(2) the purpose, amount, type of, and duration of such
assistance.
(g) Report to Congress.--
(1) Reporting requirement.--Not later than November 1 of
each even-numbered fiscal 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 that contains a compilation of the
information contained in the reports submitted under subsection
(f).
(2) Availability of report.--The Secretary shall transmit a
copy of the report submitted under paragraph (1) to--
(A) the Office on Violence Against Women of the
Department of Justice;
(B) the Office of Community Planning and
Development of the Department of Housing and Urban
Development; and
(C) the Administration for Children and Families of
the Department of Health and Human Services.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $3,000,000 for each of fiscal years 2017
through 2021.
(2) Limitation.--Of the amount made available under
paragraph (1) in any fiscal year, not more than 5 percent may
be used for evaluation, monitoring, salaries, and
administrative expenses.
(i) Definitions.--In this section:
(1) Domestic violence victim defined.--The term ``domestic
violence victim'' means a victim of domestic violence, dating
violence, sexual assault, or stalking.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a unit of local government;
(C) an Indian tribe; or
(D) any other organization that has a documented
history of effective work concerning domestic violence,
dating violence, sexual assault, or stalking (as
determined by the Secretary), including--
(i) a domestic violence and sexual assault
victim service provider;
(ii) a domestic violence and sexual assault
coalition;
(iii) a community-based and culturally
specific organization;
(iv) any other nonprofit, nongovernmental
organization; and
(v) any organization that works directly
with pets and collaborates with any
organization referred to in clauses (i) through
(iv), including--
(I) an animal shelter; and
(II) an animal welfare
organization.
(3) Pet.--The term ``pet'' means a domesticated animal,
such as a dog, cat, bird, rodent, fish, turtle, horse, or other
animal that is kept for pleasure rather than for commercial
purposes.
(4) Other terms.--Except as otherwise provided in this
subsection, terms used in this section shall have the meaning
given such terms in section 40002(a) of the Violence Against
Women Act of 1994 (42 U.S.C. 13925(a)).
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that States should encourage the
inclusion of protections against violent or threatening acts against
the pet of a person in domestic violence protection orders. | Pet and Women Safety Act of 2017 This bill amends the federal criminal code to broaden the definition of stalking to include conduct that causes a person to experience a reasonable fear of death or serious bodily injury to his or her pet. Additionally, an interstate violation of a protection order includes interstate travel with the intent to violate a protection order against a pet that is included within the scope of the protection order. The bill specifies the applicable criminal penalty—a prison term of up to five years, a fine, or both—for a person who commits an interstate violation of a protection order against a pet. With respect to a defendant who commits a domestic violence offense or an interstate violation of a protection order, mandatory restitution in the "full amount of victim's losses" includes costs incurred for veterinary services related to the pet. The bill directs the Department of Agriculture to award grants for shelter and housing assistance and support services for domestic violence victims with pets. Finally, it expresses the sense of Congress that states should include, in domestic violence protection orders, protections against violence or threats against a person's pet. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Health Benefits
Access Act''.
SEC. 2. PROVISIONS TO MAKE FEHBP AVAILABLE TO THE GENERAL PUBLIC.
(a) In General.--Chapter 89 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 8915. Provisions to require that benefits be extended to the
general public
``(a) A contract may not be made or a plan approved unless the
carrier agrees to offer to the general public, throughout each term for
which the contract or approval remains effective, the same benefits
(subject to the same maximums, limitations, exclusions, and other
similar terms or conditions) as would be offered under such contract or
plan to employees and annuitants and their family members.
``(b)(1) Premiums for coverage under this section shall be
established in conformance with such requirements as the Office of
Personnel Management shall by regulation prescribe, including
provisions to ensure conformance with generally accepted standards and
practices associated with community rating.
``(2) In no event shall the enactment of this section result in--
``(A) any increase in the level of individual or Government
contributions required under section 8906 or any other
provision of this chapter, including copayments or deductibles;
``(B) any decrease in the types of benefits offered under
this chapter; or
``(C) any other change that would adversely affect the
coverage afforded under this chapter to employees and
annuitants and their family members.
``(c) Benefits under this section shall, with respect to an
individual who is entitled to benefits under part A of title XVIII of
the Social Security Act, be offered (for use in coordination with those
Social Security benefits) to the same extent and in the same manner as
if coverage were under the preceding provisions of this chapter, rather
than under this section.
``(d)(1) A carrier may file an application with the Office setting
forth reasons why it, or a plan provided by such carrier, should be
excluded from the requirements of this section.
``(2) In reviewing any such application, the Office may consider
such factors as--
``(A) any bona fide enrollment restrictions which would
make the application of this section inappropriate, including
those common to plans which are limited to individuals having a
past or current employment relationship with a particular
agency or other authority of the Government;
``(B) whether compliance with this section would jeopardize
the financial solvency of the plan or carrier, or otherwise
compromise its ability to offer health benefits under the
preceding provisions of this chapter; and
``(C) the anticipated duration of the requested exclusion,
and what efforts the plan or carrier proposes to take in order
to be able to comply with this section.
``(e) Except as the Office may by regulation prescribe, any
reference to this chapter (or any requirement of this chapter), made in
any provision of law, shall not be considered to include this section
(or any requirement of this section).''.
(b) Conforming Amendment.--The table of sections for chapter 89 of
title 5, United States Code, is amended by adding at the end the
following:
``8915. Provisions to require that benefits be extended to the general
public.''.
SEC. 3. STANDARDIZED CLAIMS PROCESSING.
Section 8902 of title 5, United States Code, is amended by adding
at the end the following:
``(o) A claim for payment or reimbursement under this chapter
(whether electronic or otherwise) shall be submitted on such a standard
form or in such a standard manner as may be required by the Office in
relation to health benefit plans. Each contract under this chapter
shall include appropriate provisions to carry out the preceding
sentence.''.
SEC. 4. ADVANCE DIRECTIVES.
Section 8907 of title 5, United States Code, is amended by adding
at the end the following:
``(c) The Office shall--
``(1) prepare information relating to the use of advance
directives regarding the type or intensity of care which an
individual desires in the event that such individual becomes
unable to communicate by reason of incapacity due to illness or
injury; and
``(2) require, as a condition for approval of any contract
under section 8902, that appropriate provisions be included so
that such information may be made available to enrollees of the
plan involved.''.
SEC. 5. DEMONSTRATION PROJECT TO EXAMINE THE FEASIBILITY OF OFFERING
FEHBP ENROLLEES THE OPTION OF USING ARBITRATION INSTEAD
OF LITIGATION TO RESOLVE MEDICAL MALPRACTICE CLAIMS.
(a) In General.--The Office of Personnel Management shall conduct a
demonstration project to assess the feasibility and desirability of
offering the use of arbitration, instead of litigation, to resolve
medical malpractice claims arising out of covered health care services.
(b) Definition.--For the purpose of this section, the term
``covered health care services'' means any care, treatment, or other
service for which the individual who receives such service has coverage
under chapter 89 of title 5, United States Code.
(c) Project Requirements.--
(1) In general.--The demonstration project shall be
conducted as a demonstration project under section 4703 of
title 5, United States Code.
(2) Plan design.--In developing a plan for such project
under section 4703 of title 5, United States Code, the Office
shall include (in addition to any information otherwise
required)--
(A) suggestions for incentives that may be offered
in order to obtain the voluntary participation of
enrollees, such as reductions in premiums, copayments,
or deductibles;
(B) the criteria for identifying the types of
health benefit plans which are appropriate for
inclusion, and the procedures and conditions in
accordance with which any such plan may participate;
(C) the general framework for arbitration,
including (to the extent the Office considers
appropriate) methods for the selection of arbitrators,
length of hearings, and limitations on damages; and
(D) the effect of an award resulting from the
arbitration process, and the extent to which review of
such an award may be obtained.
(d) Evaluation.--The evaluation required under section 4703(h) of
title 5, United States Code, with respect to the demonstration project
shall include data and analysis relating to matters such as--
(1) the number of claims brought for arbitration;
(2) how those claims were disposed of (whether by
settlement, hearing, or otherwise), and the percentage of the
total number of claims represented by each;
(3) the average dollar amount of those awards or
settlements;
(4) the various costs involved in connection with those
claims; and
(5) the advantages and disadvantages of arbitration,
relative to other methods of dispute resolution, and the extent
to which arbitration should continue to be used under chapter
89 of such title.
SEC. 6. APPLICABILITY.
The amendments made by this Act shall apply with respect to
contract terms beginning after the end of the 6-month period beginning
on the date of the enactment of this Act. | Federal Employees Health Benefits Access Act - Prohibits a Government health services contract from being made or a plan approved unless the carrier agrees to offer to the general public the same benefits as would be offered under such contract or plan to Federal employees and annuitants and their family members. Requires premiums for coverage to be established in conformance with such requirements as the Office of Personnel Management (OPM) shall prescribe.
Specifies that in no event shall this Act's enactment result in any: (1) increase in the level of individual or Government contributions required, including copayments or deductibles; (2) decrease in the types of benefits offered; or (3) other change that would adversely affect the coverage afforded to employees and annuitants and their family members.
Permits a carrier to file an application with OPM setting forth reasons why it, or a plan provided by such carrier, should be excluded from the requirements of this Act. Allows OPM, in reviewing any such application, to consider such factors as: (1) any bona fide enrollment restrictions which would make the application of this Act inappropriate; (2) whether compliance would jeopardize the financial solvency of the plan or carrier or otherwise compromise its ability to offer health benefits; and (3) the anticipated duration of the requested exclusion and what efforts the plan or carrier proposes to take in order to be able to comply with this Act.
Requires a claim for payment or reimbursement to be submitted on a standard form or in a standard manner as may be required by OPM in relation to health benefit plans.
Directs OPM to: (1) prepare information relating to the use of advance directives regarding the type or intensity of care which an individual desires in the event that such individual becomes unable to communicate by reason of incapacity due to illness or injury; and (2) require, as a condition for contract approval, that appropriate provisions be included so that such information may be made available to enrollees of the plan involved.
Requires OPM to conduct a demonstration project to assess the feasibility and desirability of offering the use of arbitration, instead of litigation, to resolve medical malpractice claims arising out of covered health care services.
Sets forth provisions regarding project requirements and evaluation. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cesar Chavez National Historical
Park Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress makes the following findings:
(1) The Cesar E. Chavez National Monument was established
by Presidential Proclamation 8884 on October 8, 2012, for the
purposes of protecting and interpreting the nationally
significant resources associated with the property in Keene,
California, known as Nuestra Senora Reina de la Paz.
(2) Nuestra Senora Reina de la Paz served as the national
headquarters of the United Farm Workers movement, and was the
home and workplace of Cesar Chavez, his family, union members,
and supporters.
(3) While Cesar E. Chavez National Monument marks the
extraordinary achievements and contributions to the history of
the United States by Cesar Chavez and the farm worker movement,
there are other significant sites in California and Arizona
that are important to the story of the farm worker movement.
(b) Purpose.--The purpose of this Act is to establish the Cesar
Chavez National Historical Park--
(1) to help preserve, protect, and interpret the nationally
significant resources associated with Cesar Chavez and the farm
worker movement;
(2) to interpret and provide for a broader understanding of
the extraordinary achievements and contributions to the history
of the United Sates made by Cesar Chavez and the farm worker
movement; and
(3) to support and enhance the network of sites and
resources associated with Cesar Chavez and the farm worker
movement.
SEC. 3. DEFINITIONS.
In this section:
(1) Historical park.--The term ``historical park'' means
the Cesar Chavez National Historical Park established by
section 4(a).
(2) Map.--The term ``map'' means the map entitled, ``___'',
numbered ___, and dated ___, __.
(3) Route.--The term ``route'' means the ``American Farm
Worker Movement Interpretive Route'' established by section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Interior.
(5) States.--The term ``States'' means--
(A) the State of California; and
(B) the State of Arizona.
SEC. 4. CESAR CHAVEZ NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established in the States a unit of
the National Park System to be known as the ``Cesar Chavez National
Historical Park''.
(b) Boundary.--The boundary of the historical park shall include
the following areas as generally depicted on the map:
(1) The Forty Acres and Filipino Community Hall in Delano,
California.
(2) Cesar E. Chavez National Monument, which includes La
Nuestra Senora Reina de la Paz, in Keene, California.
(3) McDonnell Hall in San Jose, California.
(4) Santa Rita Center in Phoenix, Arizona.
(c) Availability of Map.--The map shall be available for public
inspection in the appropriate offices of the National Park Service,
Department of Interior.
(d) Land Acquisition.--The Secretary may acquire land and interests
in land that are within the boundary of the historical park by
donation, purchase with donated or appropriated funds, or exchange.
(e) Abolishment of Cesar E. Chavez National Monument.--
(1) In general.--Cesar E. Chavez National Monument is
hereby abolished and the lands and interests therein are
incorporated within and made part of the historical park. Any
funds available for purposes of the monument shall be available
for purposes of the historical park.
(2) References.--Any reference in a law (other than in this
Act), regulation, document, record, map or other paper of the
United States to Cesar E. Chavez National Monument shall be
considered a reference to the historical park.
(f) Administration.--
(1) In general.--The Secretary shall administer the
historical park in accordance with this section, and the laws
generally applicable to units of the National Park System,
including--
(A) those sections of title 54, United States Code,
formerly part of the Act of August 25, 1916 (commonly
known as the National Park System Organic Act); and
(B) sections 320101 through 320106 and section
309101 of title 54, United States Code.
(2) Interpretation.--The Secretary may provide staff and
technical assistance for the purpose of interpreting historic
sites, museums, and resources on lands not administered by the
Secretary relating to the life of Cesar Chavez and the history
of the farm worker movement.
(3) Cooperative agreements.--
(A) In general.--The Secretary may enter into
cooperative agreements with the States, local
governments, public and private organizations, and
individuals--
(i) to mark, interpret, preserve, and
restore nationally significant historic or
cultural resources relating to the life of
Cesar Chavez or the history of the farm worker
movement within the boundaries of the
historical park, if the agreement provides for
reasonable public access;
(ii) to conduct research relating to the
life of Cesar Chavez or the history of the farm
worker movement; or
(iii) to design, construct, operate, or
maintain National Park Service visitor,
interpretive, or administrative facilities for
the historical park.
(B) Cost-sharing requirement.--
(i) Federal share.--The Federal share of
the total cost of an activity carried out under
this paragraph shall not exceed 50 percent.
(ii) Form of non-federal share.--The non-
Federal share of the cost of carrying out an
activity under this paragraph may be in the
form of in-kind contributions or goods or
services, fairly valued.
(g) General Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary shall prepare a general management plan for the
historical park in accordance with section 100502 of title 54,
United States Code.
(2) Additional sites.--The general management plan shall
include a determination of whether there are additional
representative sites in the States that should be added to the
historical park or sites in the rest of the United States that
relate to the farm worker movement that should be linked to and
interpreted at the historical park.
(3) Consultation.--The general management plan shall be
prepared in consultation with--
(A) owners of properties that are included within
the boundaries of the historical park; and
(B) appropriate Federal, State, public and private
organizations and individuals, including--
(i) the National Chavez Center; and
(ii) the Cesar Chavez Foundation.
SEC. 5. AMERICAN FARM WORKER MOVEMENT INTERPRETIVE ROUTE.
(a) Establishment of Route.--The Secretary, with the concurrence of
the agency having jurisdiction over the relevant roads, trails, and
properties, may designate a vehicular tour route known as the
``American Farm Worker Movement Interpretive Route'' to link properties
in the States that are historically and thematically associated with
Cesar Chavez and the farm worker movement.
(b) Elements of Route.--Subject to the consent of the owner of the
property, the Secretary may designate as an official stop on the
route--
(1) all units and programs of the historical park relating
to the life of Cesar Chavez and the history of the farm worker
movement;
(2) other Federal, State, local, and privately owned
properties that the Secretary determines have a verifiable
connection to Cesar Chavez and the farm worker movement; and
(3) other governmental and nongovernmental facilities and
programs of an educational, commemorative, research, or
interpretive nature that the Secretary determines to be related
to Cesar Chavez and the history of the farm worker movement.
(c) Administration of Route.--The route shall be administered by
the Secretary.
(d) Activities.--To facilitate the establishment of the route and
the dissemination of information regarding the route, the Secretary
may--
(1) work with interested entities and individuals to mark,
interpret and preserve sites associated with Cesar Chavez and
the farm worker movement;
(2) produce and disseminate appropriate educational
materials regarding the route, such as handbooks, maps,
exhibits, signs, interpretive guides, and electronic
information;
(3) coordinate the management, planning, and standards of
the route in partnership with participating properties, other
Federal agencies, and State and local governments;
(4) create and adopt an official uniform symbol or device
to mark the route; and
(5) issue guidelines for the use of the symbol or device
adopted under paragraph (4). | Cesar Chavez National Historical Park Act This bill establishes as a unit of the National Park System the Cesar Chavez National Historical Park in California and Arizona, replacing the Cesar E. Chavez National Monument and incorporating the Monument lands and interests within, and as part of, the Historical Park. The Department of the Interior may provide staff and technical assistance for the interpretation of historic sites, museums, and resources on lands not administered by Interior related to the life of Cesar Chavez and the history of the farm worker movement. Interior may designate a vehicular tour route, to be known as the American Farm Worker Movement Interpretive Route, to link properties in California and Arizona that are historically and thematically associated with Cesar Chavez and the farm worker movement. | [
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] |
SECTION 1. FINDINGS.
Congress finds that--
(1) the United States exercises sovereignty over Puerto
Rico pursuant to the Treaty of Paris proclaimed by President
McKinley on April 11, 1899, Article IX of which provides that
the ``civil rights and political status of the native
inhabitants'' of Puerto Rico ``shall be determined by the
Congress'';
(2) Congress continues to carry out all Federal
responsibilities with respect to Puerto Rico, including those
set forth in article IX of the treaty of cession, pursuant to
the territorial clause of the United States Constitution
(article IV, section 3, clause 2), which provides that
``Congress shall have Power to dispose of and make all needful
Rules and Regulations respecting the Territory or other
Property belonging to the United States'';
(3) in the Act of March 2, 1917 (39 stat. 951, chapter
145), Congress provided for civil administration of Puerto Rico
and declared that, by virtue of that Act, the inhabitants of
Puerto Rico shall be citizens of the United States, with such
civil rights and political status as Congress determined to be
consistent with residence in an unincorporated territory rather
than a State of the Union;
(4) in accordance with the Act of July 3, 1950 (64 Stat.
319, chapter 446), the people of Puerto Rico adopted a
constitution in 1952 that, after amendment and approval by
Congress, established the current Commonwealth structure for
self-government in respect of internal affairs and local
government administration, subject to the United States
Constitution and Federal law applicable to Puerto Rico; and
(5) the United States, consistent with its constitutional
process, is committed to respecting the principle of self-
determination as part of any procedure to resolve the political
status of Puerto Rico.
SEC. 2. REFERENDA.
(a) Policy of the United States.--(1) In general.--It is the policy
of the United States that the residents of Puerto Rico periodically
should be afforded an opportunity freely to express their wishes
regarding their political status.--
(2) Options.--The self-determination process for Puerto Rico should
be one that enables the people of Puerto Rico to preserve their current
political status if that is their preference, or to choose to seek, in
accordance with a process approved by Congress and the residents of
Puerto Rico--
(A) admission as a State of the Union on the basis
of full equality; or
(B) withdrawal of United States sovereignty in
favor of independence or free association.
(b) Requirements.--A referendum under this Act--
(1) shall be conducted among persons in Puerto Rico who
meet the residency, United States citizenship, and other
requirements of applicable law governing voter eligibility in
Puerto Rico;
(2) shall otherwise be in accordance with applicable
provisions of the elections law of Puerto Rico and other
relevant local and Federal law consistent with this Act; and
(3) shall be decided by a majority of the votes cast.
(c) Referendum by the End of 1998.--
(1) In general.--A referendum under this Act shall be
conducted not later than December 31, 1998.
(2) Format.--
(A) Part one of the ballot.--In the referendum
under paragraph (1), the option of continuing the
current Commonwealth arrangements and Puerto Rico's
current political status, or, alternatively, entering
on a process leading to permanent full self-government
through separate sovereignty or statehood, shall be
presented in Part One of the ballot as Options A and B,
as follows:
``part one
``Option A.--COMMONWEALTH: The residents of Puerto Rico
desire to continue the current Commonwealth structure for self-
government with respect to internal affairs and administration
under a local constitution, subject to the provisions of the
Constitution and laws of the United States that apply to Puerto
Rico. Puerto Rico will remain an unincorporated territory of
the United States, and application of Federal law and
provisions of the Constitution to Puerto Rico remains within
the discretion of Congress. The future status of Puerto Rico
will be determined through a process authorized by Congress
that includes self-determination by the residents of Puerto
Rico in periodic referenda.
``Option B.--PATH TO SEPARATE SOVEREIGNTY OR STATEHOOD: The
residents of Puerto Rico desire to enter on a process for
Congress and the residents of Puerto Rico to define and approve
in a later vote a transition to permanent full self-government
through either separate sovereignty or statehood as set forth
in Part Two of this ballot.''.
(B) Part two of the ballot.--Part Two of the ballot
shall present voters with a choice between 2 options
for ending the current territorial status in favor of
separate sovereignty, in the form of independence, or
free association as may be agreed, according to
international law and definitions compatible with the
constitutional process and practices of the United
States, or, alternatively, full integration into the
United States constitutional system on the basis of
equality. The definitions of separate sovereignty and
full integration leading to statehood shall appear in
Part Two of the ballot as Options A and B, as follows:
``Option A.--SEPARATE SOVEREIGNTY: The residents of Puerto
Rico desire to be a separate sovereign nation that exercises
all the powers of government with respect to its territory and
population, with full authority and responsibility for its
internal and external affairs, through independence (or free
association as may be agreed). Puerto Rico will become fully
self-governing under its own constitution establishing a
republican form of government, which shall be the supreme law.
The United States Constitution and laws shall no longer apply,
and the sovereignty, nationality, and citizenship of the United
States in Puerto Rico shall terminate based on approval of
separate sovereignty by Congress and the residents of Puerto
Rico. Birth in Puerto Rico or relationship to a person who
acquired United States citizenship by statute due to birth in
Puerto Rico during the territorial period no longer will confer
United States citizenship, but such persons shall have a right
to retain statutory United States citizenship for life based on
continued allegiance to the United States and election or
designation as prescribed by Congress consistent with the
transition to separate sovereignty and succession of
nationality.
``Option B.--STATEHOOD: The residents of Puerto Rico desire
admission of Puerto Rico as a State of the Union. Through
statehood residents of Puerto Rico will have a status and
rights secured under the United States Constitution, which will
be the supreme law of the land with the same force and effect
as in the other States of the Union. The sovereign State of
Puerto Rico will be in permanent union with the United States,
and powers not delegated to the Federal Government or
prohibited to the States by the United States Constitution
shall be reserved to the people of Puerto Rico or the State
Government. The United States nationality and citizenship of
persons born in Puerto Rico will be guaranteed in the same way
it is for all United States citizens born in other States of
the Union. United States citizens in Puerto Rico will have full
and equal rights and duties of United States citizenship,
including voting rights in elections for President and Vice
President, as well as representation by 2 members in the United
States Senate and proportionally on the basis of population in
the House of Representatives.''.
(3) Instructions to voters.--
(A) Part one.--The instructions to voters for Part
One of the ballot in a referendum under this subsection
shall state that a voter may select Option A or Option
B by marking either option, but that ballots with both
options marked in Part One will not be counted.
(B) Part two.--The instructions to voters for Part
Two of the ballot in such a referendum shall state that
a voter may vote on Part Two regardless of how the
voter voted on Part One, or even if they did not vote
on Part One. The instructions to voters on Part Two
shall also state that Part Two is to determine the
preference of voters as between the options for seeking
separate sovereignty or statehood in case a majority of
the voters voting on Part One approve that course as set forth in
Option B on Part One of the ballot. The voters shall be instructed to
approve Option A or Option B in Part Two by marking either, but that
ballots with both options marked in Part Two will not be counted.
(4) Validity of either part.--On any ballot cast in a
referendum under this subsection either Part One or Part Two
shall be counted if properly cast, even if the other part of
the ballot is not counted due to the manner in which the other
part has been cast.
SEC. 3. IMPLEMENTATION.
(a) Selection of Current Status or Rejection of Transition.--If a
majority of the voters approve continuation of the current
unincorporated status and the present `Commonwealth' structure for
local self-government, or on rejection of a transition plan, unless
otherwise provided by Congress, referenda on the future political
status of Puerto Rico shall be held in accordance with this Act every 4
years thereafter, but not within 270 calendar days of a general
election, in order to ensure that the right of the people of Puerto
Rico to self-determination is respected, and that the people
periodically are afforded the opportunity freely to express their
wishes with respect to resolution of Puerto Rico's status based on
permanent full self-government.
(b) Selection of Statehood.--If statehood is selected, the
President, not later than 180 days after the referendum, shall transmit
to the Congress legislation providing for the admission of Puerto Rico
as a State of the Union in accordance with a transition plan that
includes procedures for approval of the terms of admission and
implementation thereof by a majority vote of the residents of Puerto
Rico.
(c) Selection of Separate Sovereignty.--If separate sovereignty is
selected, the President, not later than 180 days after the referendum,
shall transmit to the Congress legislation to providing a plan for the
transition to an international sovereign-to-sovereign relationship
governed by a treaty or international agreement (including measures to
cease conferral of United States citizenship on persons born in Puerto
Rico), and such legislation shall include procedures for approval of
the transition to separate sovereignty by a majority vote of the
residents of Puerto Rico. | Requires a referendum to be held by December 31, 1998, on Puerto Rico's path to self-determination either through preserving its current political status, U.S. statehood, or separate sovereignty (independence or free association). Sets forth specified requirements with respect to the referendum and congressional procedures for consideration of legislation. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Strategic and Critical
Minerals Production Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The industrialization of China and India has driven
demand for nonfuel mineral commodities, sparking a period of
resource nationalism exemplified by China's reduction in
exports of rare-earth elements necessary for
telecommunications, military technologies, healthcare
technologies, and conventional and renewable energy
technologies.
(2) The availability of minerals and mineral materials are
essential for economic growth, national security, technological
innovation, and the manufacturing and agricultural supply
chain.
(3) The exploration, production, processing, use, and
recycling of minerals contribute significantly to the economic
well-being, security and general welfare of the Nation.
(4) The United States has vast mineral resources, but is
becoming increasingly dependent upon foreign sources of these
mineral materials, as demonstrated by the following:
(A) Twenty-five years ago the United States was
dependent on foreign sources for 30 nonfuel mineral
materials, 6 of which the United States imported 100
percent of the Nation's requirements, and for another
16 commodities the United States imported more than 60
percent of the Nation's needs.
(B) By 2011 the United States import dependence for
nonfuel mineral materials had more than doubled from 30
to 67 commodities, 19 of which the United States
imported 100 percent of the Nation's requirements, and
for another 24 commodities, imported more than 50
percent of the Nation's needs.
(C) The United States share of world wide mineral
exploration dollars was 8 percent in 2011, down from 19
percent in the early 1990s.
(D) In the 2012 Ranking of Countries for Mining
Investment, out of 25 major mining countries, the
United States ranked last with Papua New Guinea in
permitting delays, and towards the bottom regarding
government take and social issues affecting mining.
SEC. 3. DEFINITIONS.
In this Act:
(1) Strategic and critical minerals.--The term ``strategic
and critical minerals'' means minerals that are necessary--
(A) for national defense and national security
requirements;
(B) for the Nation's energy infrastructure,
including pipelines, refining capacity, electrical
power generation and transmission, and renewable energy
production;
(C) to support domestic manufacturing, agriculture,
housing, telecommunications, healthcare, and
transportation infrastructure; and
(D) for the Nation's economic security and balance
of trade.
(2) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or tribal
government, or Alaska Native Corporation.
(3) Mineral exploration or mine permit.--The term ``mineral
exploration or mine permit'' includes plans of operation issued
by the Bureau of Land Management and the Forest Service
pursuant to 43 CFR 3809 and 36 CFR 228A respectively.
TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL
MINERALS
SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS.
Domestic mines that will provide strategic and critical minerals
shall be considered an ``infrastructure project'' as described in
Presidential Order ``Improving Performance of Federal Permitting and
Review of Infrastructure Projects'' dated March 22, 2012.
SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY.
(a) In General.--The lead agency with responsibility for issuing a
mineral exploration or mine permit shall appoint a project lead who
shall coordinate and consult with other agencies, cooperating agencies,
project proponents and contractors to ensure that agencies minimize
delays, set and adhere to timelines and schedules for completion of
reviews, set clear permitting goals and track progress against those
goals.
(b) The lead agency with responsibility for issuing a mineral
exploration or mine permit shall determine any such action would not
constitute a major Federal action significantly affecting the quality
of the human environment within the meaning of the National
Environmental Policy Act of 1969 if the procedural and substantive
safeguards of the lead agency's permitting process alone, any
applicable State permitting process alone, or a combination of the two
processes together provide an adequate mechanism to ensure that
environmental factors are taken into account.
(c) The lead agency with responsibility for issuing a mineral
exploration or mine permit shall enhance government coordination on
permitting and review by avoiding duplicative reviews, minimizing
paperwork and engaging other agencies and stakeholders early in the
process. The lead agency shall consider the following best practices:
(1) Deferring to and relying upon baseline data, analysis
and reviews preformed by State agencies with jurisdiction over
the proposed project.
(2) Conducting reviews concurrently rather than
sequentially to the extent practicable and when such concurrent
review will expedite rather than delay a decision.
(d) At the request of a project proponent, the project lead of the
agency with responsibility for issuing a mineral exploration or mine
permit shall enter into an agreement with the project proponent and
other cooperating agencies that sets time limits for each part of the
permit review process including the following:
(1) The decision on whether to prepare a document required
under the National Environmental Policy Act of 1969.
(2) A determination of the scope of any document required
under the National Environmental Policy Act of 1969.
(3) The scope of and schedule for the baseline studies
required to prepare a document required under the National
Environmental Policy Act of 1969.
(4) Preparation of any draft document required under the
National Environmental Policy Act of 1969.
(5) Preparation of a final document required under the
National Environmental Policy Act of 1969.
(6) Consultations required under applicable laws.
(7) Submission and review of any comments required under
applicable law.
(8) Publication of any public notices required under
applicable law.
(9) A final or any interim decisions.
(e) In no case should the total review process described in
subsection (d) exceed 30 months unless agreed to by the signatories of
the agreement.
(f) The lead agency is not required to address agency or public
comments that were not submitted during the public comment periods
provided by the lead agency or otherwise required by law.
(g) The lead agency will determine the amount of financial
assurance for reclamation of a mineral exploration or mining site,
which must cover the estimated cost if the lead agency were to contract
with a third party to reclaim the operations according to the
reclamation plan, including construction and maintenance costs for any
treatment facilities necessary to meet Federal, State or tribal
environmental standards.
(h) This section shall apply with respect to a mineral exploration
or mine permit for which an application was submitted before the date
of the enactment of this Act if the applicant for the permit submits a
written request to the lead agency for the permit. The lead agency
shall begin implementing this section with respect to such application
within 30 days after receiving such written request.
(i) With respect to strategic and critical materials within a
federally administered unit of the National Forest System, the lead
agency shall--
(1) exempt all areas of identified mineral resources in
Land Use Designations, other than Non-Development Land Use
Designations, in existence as of the date of the enactment of
this Act from the procedures detailed at and all rules
promulgated under part 294 of title 36, Code for Federal
Regulations;
(2) apply such exemption to all additional routes and areas
that the lead agency finds necessary to facilitate the
construction, operation, maintenance, and restoration of the
areas of identified mineral resources described in paragraph
(1); and
(3) continue to apply such exemptions after approval of the
Minerals Plan of Operations for the unit of the National Forest
System.
SEC. 103. CONSERVATION OF THE RESOURCE.
In developing the mineral exploration or mine permit, the priority
of the lead agency shall be to maximize the development of the mineral
resource, while mitigating environmental impacts, so that more of the
mineral resource can be brought to the market place.
SEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION AND MINING
PROJECTS.
(a) Preparation of Federal Notices for Mineral Exploration and Mine
Development Projects.--The preparation of Federal Register notices
required by law associated with the issuance of a mineral exploration
or mine permit shall be delegated to the organization level within the
agency responsible for issuing the mineral exploration or mine permit.
All Federal Register notices regarding official document availability,
announcements of meetings, or notices of intent to undertake an action
shall be originated and transmitted to the Federal Register from the
office where documents are held, meetings are held, or the activity is
initiated.
(b) Departmental Review of Federal Register Notices for Mineral
Exploration and Mining Projects.--Absent any extraordinary circumstance
or except as otherwise required by any Act of Congress, each Federal
Register notice described in subsection (a) shall undergo any required
reviews within the Department of the Interior or the Department of
Agriculture and be published in its final form in the Federal Register
no later than 30 days after its initial preparation.
TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND
MINE PERMITS
SEC. 201. DEFINITIONS FOR TITLE.
In this title the term ``covered civil action'' means a civil
action containing a claim under section 702 of title 5, United States
Code, regarding agency action affecting a mineral exploration or mine
permit.
SEC. 202. TIMELY FILINGS.
A covered civil action is barred unless filed no later than the end
of the 60-day period beginning on the date of the final Federal agency
action to which it relates.
SEC. 203. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 204. LIMITATION ON PROSPECTIVE RELIEF.
In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation.
SEC. 205. LIMITATION ON ATTORNEYS' FEES.
Sections 504 of title 5, United States Code, and 2412 of title 28,
United States Code (together commonly called the Equal Access to
Justice Act) do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.
Passed the House of Representatives July 12, 2012.
Attest:
KAREN L. HAAS,
Clerk. | National Strategic and Critical Minerals Production Act of 2012 - Title I: Development of Domestic Sources Of Strategic and Critical Minerals - (Sec. 101) Deems a domestic mine that will provide strategic and critical minerals to be an "infrastructure project" as described in Presidential Order "Improving Performance of Federal Permitting and Review of Infrastructure Projects" dated March 22, 2012.
(Sec. 102) Sets forth the responsibilities of the lead agency (federal, state, local, tribal, or Alaska Native Corporation) with responsibility for issuing a mineral exploration or mine permit with respect to project coordination, agency consultation, project proponents, contractors, and the status and scope of any environmental impact statement.
Requires the lead agency to determine that any such action would not constitute a major federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (NEPA) if the procedural and substantive safeguards of the lead agency's permitting process alone, any applicable state permitting process alone, or a combination of the two processes together provide an adequate mechanism to ensure that environmental factors are taken into account.
Requires the lead agency's project lead, at a project proponent's request, to enter into an agreement with the project proponent and other cooperating agencies that sets time limits for each part of the permit review process.
Applies this Act to a mineral exploration or mine permit for which an application was submitted before enactment of this Act if the applicant so requests in writing. Requires the lead agency to begin implementing this Act with respect to such application within 30 days after receiving such a request.
Requires the lead agency, with respect to strategic and critical materials within a federally administered unit of the National Forest System, to: (1) exempt from federal regulations governing Special Areas all areas of identified mineral resources in Land Use Designations (other than Non-Development Land Use Designations); (2) apply such exemption to all additional routes and areas that the agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of the identified mineral resources; and (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit.
(Sec. 103) Declares the priority of the lead agency is to maximize mineral resource development while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place.
(Sec. 104) Prescribes the Federal Register notice process for mineral exploration and mining projects.
Title II: Judicial Review Of Agency Actions Relating To Exploration And Mine Permits - (Sec. 202) Bars a civil action claiming legal wrong caused by an agency action unless it is filed by the end of the 60-day period beginning on the date of the final federal agency action to which it relates.
(Sec. 203) Requires the court to hear and determine any covered civil action as expeditiously as possible.
(Sec. 204) Prohibits the court, in a covered civil action, from granting or approving prospective relief unless it finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct such violation.
(Sec. 205) Declares inapplicable to such a civil action specified requirements of the Equal Access to Justice Act relating to award of costs and fees to a prevailing plaintiff.
Prohibits payment from the federal government for court costs of a party in such a civil action, including attorneys' fees and expenses. | [
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] |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Social Security
Disability Amendments Act of 1994''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Disregard deemed income and resources of ineligible spouse when
determining continued eligibility under
section 1619(b).
Sec. 3. Plans for achieving self-support not disapproved within 60 days
to be deemed approved.
Sec. 4. Expansion of plans for achieving self-support to include
housing goals.
Sec. 5. Regulations regarding completion of plans for achieving self-
support.
Sec. 6. Treatment of certain grant, scholarship, or fellowship income
as earned income for SSI purposes.
Sec. 7. SSI eligibility for students temporarily abroad.
Sec. 8. Effective date.
SEC. 2. DISREGARD DEEMED INCOME AND RESOURCES OF INELIGIBLE SPOUSE WHEN
DETERMINING CONTINUED ELIGIBILITY UNDER SECTION 1619(b).
Section 1614(f)(1) of the Social Security Act (42 U.S.C.
1382c(f)(1)) is amended by inserting ``(other than under section
1619(b))'' after ``benefits''.
SEC. 3. PLANS FOR ACHIEVING SELF-SUPPORT NOT DISAPPROVED WITHIN 60 DAYS
TO BE DEEMED APPROVED.
(a) Amendments to Income Exclusion Rules.--Section 1612(b)(4) of
the Social Security Act (42 U.S.C. 1382a(b)(4)(A)) is amended in each
of subparagraphs (A) and (B) by inserting ``and, for purposes of this
clause, a completed plan for achieving self-support which is not
disapproved by the Secretary within 60 days after the date of
submission shall be deemed to be approved by the Secretary until
subsequently disapproved by the Secretary (with appropriate
notification to the individual),'' after ``plan,''.
(b) Amendment to Resource Exclusion Rule.--Section 1613(a)(4) of
such Act (42 U.S.C. 1382b(a)(4)) is amended by inserting ``, and, for
purposes of this paragraph, a completed plan for achieving self-support
which is not disapproved by the Secretary within 60 days after the date
of submission shall be deemed to be approved by the Secretary until 6
months after subsequently disapproved by the Secretary (with
appropriate notification to the individual)'' after ``such plan''.
SEC. 4. EXPANSION OF PLANS FOR ACHIEVING SELF-SUPPORT TO INCLUDE
HOUSING GOALS.
(a) Income Disregard Rules.--Section 1612(b)(4) of the Social
Security Act (42 U.S.C. 1382a(b)(4)) is amended in each of
subparagraphs (A)(iii) and (B)(iv), by inserting ``, containing a
career or housing goal, that has been'' before ``approved''.
(b) Resource Disregard Rules.--Section 1613(a)(4) of such Act (42
U.S.C. 1382b(a)(4)) is amended by inserting ``, containing a career or
housing goal, that has been'' before ``approved''.
SEC. 5. REGULATIONS REGARDING COMPLETION OF PLANS FOR ACHIEVING SELF-
SUPPORT.
Section 1633 of the Social Security Act (42 U.S.C. 1383b) is
amended by adding at the end the following:
``(d) The Secretary shall establish by regulation time limits and
other criteria--
``(1) which are related to an individual's career or
housing goal included in a plan for achieving self-support, and
``(2) that take into account the difficulty of achieving
self-support based on the needs of the individual and the goals
of the plan.''.
SEC. 6. TREATMENT OF CERTAIN GRANT, SCHOLARSHIP, OR FELLOWSHIP INCOME
AS EARNED INCOME FOR SSI PURPOSES.
Section 1612(a)(1) of the Social Security Act (42 U.S.C.
1382a(a)(1)), as amended by section 309 of this Act, is amended--
(1) by striking ``and'' at the end of subparagraph (E); and
(2) by adding at the end the following:
``(G) any grant, scholarship, or fellowship
described in section 1612(b)(7) to the extent not
excluded from income pursuant to such section; and''.
SEC. 7. SSI ELIGIBILITY FOR STUDENTS TEMPORARILY ABROAD.
Section 1611(f) of the Social Security Act (42 U.S.C. 1382(f)) is
amended by adding at the end the following: ``The first sentence of
this subsection shall not apply to any individual who was eligible to
receive a benefit under this title for the month immediately preceding
the first month during all of which such individual is outside the
United States and who demonstrates to the satisfaction of the Secretary
that the individual's absence from the United States will be temporary
and for the purpose of conducting studies as part of an educational
program designed to prepare the individual for gainful employment and
sponsored by a school, college, or university in the United States.''.
SEC. 8. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by
this Act shall take effect on the 1st day of the 1st calendar month
that begins 90 or more days after the date of the enactment of this
Act. | Social Security Disability Amendments Act of 1994 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to: (1) disregard the deemed income and resources of an ineligible spouse when determining the continued eligibility of the disabled spouse for Medicaid; (2) provide that individual Plans for Achieving Self Support (PASS) shall be deemed approved unless disallowed within 60 days by the Social Security Administration; (3) disregard the income and/or resources received by a PASS recipient for the purpose of achieving housing or career goals; (4) require the Secretary of Health and Human Services to promulgate regulations that consider both individual career and housing goals, and the difficulty of achieving self-support; (5) treat certain grant, scholarship, or fellowship income as earned income according to a certain formula; and (6) retain SSI eligibility for students temporarily outside the United States who demonstrate that their absence is to conduct studies as part of an educational program sponsored by an educational institution in the United States and designed to prepare the individual for gainful employment. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hereditary Hemorrhagic
Telangiectasia Diagnosis and Treatment Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Hereditary hemorrhagic telangiectasia (``HHT'') is a
largely undiagnosed or misdiagnosed vascular genetic bleeding
disorder that causes abnormalities of the blood vessels. A
person with HHT has the tendency to form blood vessels that
lack the capillaries between an artery and vein. HHT can cause
spontaneous hemorrhage or stroke when brain or lung
arteriovenous malformations, which are tangled blood vessels,
rupture unexpectedly in all age groups. In addition to
hemorrhagic stroke, embolic stroke, and brain abscess occur in
approximately 30 percent of individuals with HHT caused by
artery-vein malformations in the lung (due to lack of
capillaries between the arterial and venous systems which
prevent or normally filter out clots and bacteria), causing
disability and sudden premature death.
(2) One in 5,000 American children and adults suffer from
HHT.
(3) Studies have found an increase in morbidity and
mortality rate for individuals who suffer from HHT.
(4) Due to the widespread lack of knowledge, accurate
diagnosis, and appropriate intervention, 90 percent of HHT-
affected families are at risk for preventable life-threatening
and disabling medical incidents such as stroke.
(5) Early detection, screening, and treatment can prevent
premature deaths, spontaneous hemorrhage, hemorrhagic stroke,
embolic stroke, brain abscess, and other long-term health care
complications resulting from HHT.
(6) HHT is an important health condition with serious
health consequences which are amenable to early identification
and diagnosis with suitable tests, and acceptable and available
treatments in established treatment centers.
(7) Timely identification and management of HHT cases is an
important public health objective because it will save lives,
prevent disability, and reduce direct and indirect health care
costs expenditures.
(8) Without a new program for early detection, screening,
and treatment, 14,000 children and adults who suffer from HHT
in the population today will suffer premature death and
disability.
SEC. 3. PURPOSE.
The purpose of this Act is to create a federally led and financed
initiative for early diagnosis and appropriate treatment of hereditary
hemorrhagic telangiectasia that will result in the reduction of the
suffering of families, prevent premature death and disability, and
lower health care costs through proven treatment interventions.
SEC. 4. NATIONAL INSTITUTES OF HEALTH.
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. 409K. HEREDITARY HEMORRHAGIC TELANGIECTASIA.
``(a) HHT Initiative.--
``(1) Establishment.--The Secretary shall establish and
implement an HHT initiative to assist in coordinating
activities to improve early detection, screening, and treatment
of people who suffer from HHT. Such initiative shall focus on--
``(A) advancing research on the causes, diagnosis,
and treatment of HHT, including through the conduct or
support of such research; and
``(B) increasing physician and public awareness of
HHT.
``(2) Consultation.--In carrying out this subsection, the
Secretary shall consult with the Director of the National
Institutes of Health and the Director of the Centers for
Disease Control and Prevention.
``(b) HHT Coordinating Committee.--
``(1) Establishment.--Not later than 60 days after the date
of the enactment of this section, the Secretary, in
consultation with the Director of the National Institutes of
Health, shall establish a committee to be known as the HHT
Coordinating Committee.
``(2) Membership.--
``(A) In general.--The members of the Committee
shall be appointed by the Secretary, in consultation
with the Director of the National Institutes of Health,
and shall consist of 12 individuals who are experts in
HHT or arteriovenous malformation (AVM) as follows:
``(i) Four representatives of HHT Treatment
Centers of Excellence designated under section
317U(c)(1).
``(ii) Four experts in vascular, molecular,
or basic science.
``(iii) Four representatives of the
National Institutes of Health.
``(B) Chair.--The Secretary shall designate the
Chair of the Committee from among its members.
``(C) Interim members.--In place of the 4 members
otherwise required to be appointed under paragraph
(2)(A)(i), the Secretary may appoint 4 experts in
vascular, molecular, or basic science to serve as
members of the Committee during the period preceding
designation and establishment of HHT Treatment Centers
of Excellence under section 317U.
``(D) Publication of names.--Not later than 30 days
after the establishment of the Committee, the Secretary
shall publish the names of the Chair and members of the
Committee on the Website of the Department of Health
and Human Services.
``(E) Terms.--The members of the Committee shall
each be appointed for a 3-year term and, at the end of
each such term, may be reappointed.
``(F) Vacancies.--A vacancy on the Committee shall
be filled by the Secretary in the same manner in which
the original appointment was made.
``(3) Responsibilities.--The Committee shall develop and
coordinate implementation of a plan to advance research and
understanding of HHT by--
``(A) conducting or supporting basic,
translational, and clinical research on HHT across the
relevant national research institutes, national
centers, and offices of the National Institutes of
Health, including the National Heart, Lung, and Blood
Institute; the National Institute of Neurological
Disorders and Stroke; the National Institutes of
Diabetes and Digestive and Kidney Diseases; the Eunice
Kennedy Shriver National Institute of Child Health and
Human Development; the National Cancer Institute; and
the Office of Rare Diseases; and
``(B) conducting evaluations and making
recommendations to the Secretary, the Director of the
National Institutes of Health, and the Director of the
National Cancer Institute regarding the prioritization
and award of National Institutes of Health research
grants relating to HHT, including with respect to
grants for--
``(i) expand understanding of HHT through
basic, translational, and clinical research on
the cause, diagnosis, prevention, control, and
treatment of HHT;
``(ii) training programs on HHT for
scientists and health professionals; and
``(iii) HHT genetic testing research to
improve the accuracy of genetic testing.
``(c) Definitions.--In this section:
``(1) The term `Committee' means the HHT Coordinating
Committee established under subsection (b).
``(2) The term `HHT' means hereditary hemorrhagic
telangiectasia.''.
SEC. 5. CENTERS FOR DISEASE CONTROL AND PREVENTION.
Part B of title III of the Public Health Service Act is amended by
inserting after section 317T (42 U.S.C. 247b-22) the following:
``SEC. 317U. HEREDITARY HEMORRHAGIC TELANGIECTASIA.
``(a) In General.--With respect to hereditary hemorrhagic
telangiectasia (in this section referred to as `HHT'), the Director of
the Centers for Disease Control and Prevention (in this section
referred to as the `Director') shall carry out the following
activities:
``(1) The conduct of population screening described in
subsection (c).
``(2) The identification and conduct of investigations to
further develop and support guidelines for diagnosis of, and
intervention for, HHT, including cost-benefit studies.
``(3) The development of a standardized survey and
screening tool on family history.
``(4) The establishment, in collaboration with a voluntary
health organization representing HHT families, of an HHT
resource center within the Centers for Disease Control and
Prevention to provide comprehensive education on, and
disseminate information about, HHT to health professionals,
patients, industry, and the public.
``(5) The conduct or support of public awareness programs
in collaboration with medical, genetic, and professional
organizations to improve the education of health professionals
about HHT.
``(b) Collaborative Approaches.--The Director shall carry out this
section through collaborative approaches within the National Center on
Birth Defects and Developmental Disabilities and the Division for Heart
Disease and Stroke Prevention of the Centers for Disease Control and
Prevention.
``(c) Population Screening.--In carrying out population screening
under subsection (a)(1), the Director shall--
``(1) designate and provide funding for a sufficient number
of HHT Treatment Centers of Excellence to improve patient
access to information, treatment, and care by HHT experts;
``(2) conduct surveillance through a regional population
study, supplemented by sentinel health care provider or center
surveillance, and administrative database analyses as useful to
accurately identify--
``(A) the prevalence of HHT; and
``(B) the prevalence of hemorrhagic and embolic
stroke and brain abscess, resulting from HHT;
``(3) include HHT screening questions in the Behavioral
Risk Factor Surveillance System survey conducted by the Centers
for Disease Control and Prevention in order to screen a broader
population and more accurately determine the prevalence of HHT;
``(4) disseminate data collected under paragraph (2)(B) to
the Paul Coverdell National Acute Stroke Registry, to be
utilized for analyses of natural history of hemorrhagic and
embolic stroke in HHT, and to develop screening and artery-vein
malformation treatment guidelines specific to prevention of
complications from HHT;
``(5) develop and implement programs, targeted for
physicians and health care professional groups likely to be
accessed by families with HHT, to increase HHT diagnosis and
treatment rates through the--
``(A) establishment of a partnership with HHT
Treatment Centers of Excellence designated under
paragraph (1) through the creation of an international
database of patients assessed at such HHT Treatment
Centers of Excellence (including with respect to
phenotype information, genotype information,
transfusion dependence, and radiological findings);
``(B) integration of such database with the
universal data collection system used by the Centers
for monitoring hemophilia with the blood disorders and
the Paul Coverdell National Acute Stroke Registry; and
``(C) inclusion of other medical providers who
treat HHT patients; and
``(6) use existing administrative databases on non-HHT
Treatment Center of Excellence patients to learn about the
natural history of HHT, the efficacy of various treatment
modalities, and to better inform and develop screening and
treatment guidelines associated with improvement in health care
outcomes, and research priorities relevant to HHT.
``(d) Eligibility for Designation as HHT Treatment Center of
Excellence.--In carrying out subsection (c)(1), the Director may
designate as an HHT Treatment Center of Excellence only academic health
centers demonstrating each of the following:
``(1) The academic health center possesses a team of
medical experts capable of providing comprehensive evaluation,
treatment, and education to individuals with known or suspected
HHT and their health care providers.
``(2) The academic health center has sufficient personnel
with knowledge about HHT, or formal collaboration with
partnering organizations for personnel or resources, to be able
to--
``(A) respond in a coordinated, multidisciplinary
way to patient inquiries; and
``(B) coordinate evaluation, treatment, and
education of patients and their families in a timely
manner.
``(3) The academic health center has the following
personnel, facilities, and patient volume:
``(A) A medical director with--
``(i) specialized knowledge of the main
organ manifestations of HHT; and
``(ii) the ability to coordinate the
multidisciplinary diagnosis and treatment of
patients referred to the center.
``(B) Administrative staff with--
``(i) sufficient knowledge to respond to
patient inquiries and coordinate patient care
in a timely fashion; and
``(ii) adequate financial support to allow
the staff to commit at least 25 to 50 percent
of their time on the job to HHT.
``(C) An otolaryngologist with experience and
expertise in the treatment of recurrent epistaxis in
HHT patients.
``(D) An interventional radiologist with experience
and expertise in the treatment of pulmonary
arteriovenous malformations (AVM).
``(E) A genetic counselor or geneticist with the
expertise to provide HHT-specific genetic counseling to
patients and families.
``(F) On-site facilities to screen for all major
organ manifestations of HHT.
``(G) A patient volume of at least 25 new HHT
patients per year.
``(H) Established mechanisms to coordinate
surveillance and outreach with HHT patient advocacy
organizations.''.
SEC. 6. ADDITIONAL HEALTH AND HUMAN SERVICES ACTIVITIES.
With respect to hereditary hemorrhagic telangiectasia (in this sec
referred to as ``HHT''), the Secretary of Health and Human Services,
acting through the Administrator of the Centers for Medicare & Medicaid
Services, shall award grants on a competitive basis--
(1) for an analysis by grantees of the Medicare Provider
Analysis and Review (MEDPAR) file to develop preliminary
estimates on the total costs to the Medicare program under
title XVIII of the Social Security Act for items, services, and
treatments for HHT furnished to individuals with HHT who are
entitled to benefits under part A of title XVIII of the Social
Security Act or enrolled under part B of such title; and
(2) to make recommendations regarding an enhanced data
collection protocol to permit a more precise determination of
the total costs described in paragraph (1).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out section 409K of the Public Health
Service Act as added by section 4 of this Act, section 317U of the
Public Health Service Act as added by section 5 of this Act, and
section 6 of this Act, there is authorized to be appropriated
$5,000,000 for each of fiscal years 2012 through 2016.
(b) Resource Center.--Of the amount authorized to be appropriated
under subsection (a) for each of fiscal years 2012 through 2016,
$1,000,000 shall be for carrying out section 317U(a)(4) of the Public
Health Service Act, as added by section 5 of this Act. | Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish and implement a hereditary hemorrhagic telangiectasia (HHT, a vascular genetic bleeding disorder that causes abnormalities of the blood vessels) initiative to assist in coordinating activities to improve early detection, screening, and treatment of people who suffer from HHT, focusing on advancing research on the causes, diagnosis, and treatment of HHT and increasing physician and public awareness of HHT.
Directs the Secretary to establish the HHT Coordinating Committee to develop and coordinate implementation of a plan to advance research and understanding of HHT, including by: (1) conducting or supporting research across relevant National Institutes of Health (NIH) institutes, and (2) conducting evaluations and making recommendations regarding the prioritization and award of NIH research grants relating to HHT.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to carry out activities with respect to HHT, including conducting population screening and establishing an HHT resource center to provide comprehensive education on, and disseminate information about, HHT to health professionals, patients, industry, and the public. Sets forth requirements for HHT population screening, including requiring the Director of CDC to designate and provide funding for HHT Treatment Centers of Excellence.
Requires the Administrator of the Centers for Medicare & Medicaid Services (CMS) to award grants for: (1) an analysis of the Medicare Provider Analysis and Review (MEDPAR) file to develop preliminary estimates on the totals costs to Medicare for items, services, and treatments for HHT; and (2) recommendations regarding an enhanced data collection protocol to permit a more precise determination of such costs. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health on Campus Improvement
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The 2007 National Survey of Counseling Center Directors
found that the average ratio of counselors to students on
campus is nearly 1 to 2,000 and is often far higher on large
campuses. The International Association of Counseling Services
accreditation standards recommend 1 counselor per 1,000 to
1,500 students.
(2) College counselors report that 8.5 percent of enrolled
students sought counseling in the past year, totaling an
estimated 1,600,000 students.
(3) Over 90 percent of counseling directors believe there
is an increase in the number of students coming to campus with
severe psychological problems. The majority of counseling
directors report concerns that the demand for services is
growing without an increase in resources.
(4) A 2008 American College Health Association survey
revealed that 43 percent of students at colleges and
universities report having felt so depressed it was difficult
to function, and one out of every 11 students seriously
considered suicide within the past year.
(5) Research conducted between 1989 and 2002 found that
students seen for anxiety disorders doubled, for depression
tripled, and for serious suicidal intention tripled.
(6) Many students who need help never receive it.
Counseling directors report that, of the students who committed
suicide on their campuses, only 22 percent were current or
former counseling center clients. Directors did not know the
previous psychiatric history of 60 percent of those students.
(7) A survey conducted by the University of Idaho Student
Counseling Center in 2000 found that 77 percent of students who
responded reported that they were more likely to stay in school
because of counseling and that their school performance would
have declined without counseling.
(8) A 6-year longitudinal study of college students found
that personal and emotional adjustment was an important factor
in retention and predicted attrition as well as, or better
than, academic adjustment (Gerdes & Mallinckrodt, 1994).
SEC. 3. IMPROVING MENTAL AND BEHAVIORAL HEALTH ON COLLEGE CAMPUSES.
Title V of the Public Health Service Act is amended by inserting
after section 520E-2 (42 U.S.C. 290bb-36b) the following:
``SEC. 520E-3. GRANTS TO IMPROVE MENTAL AND BEHAVIORAL HEALTH ON
COLLEGE CAMPUSES.
``(a) Purpose.--It is the purpose of this section, with respect to
college and university settings, to--
``(1) increase access to mental and behavioral health
services;
``(2) foster and improve the prevention of mental and
behavioral health disorders, and the promotion of mental
health;
``(3) improve the identification and treatment for students
at risk;
``(4) improve collaboration and the development of
appropriate levels of mental and behavioral health care;
``(5) reduce the stigma for students with mental health
disorders and enhance their access to mental health services;
and
``(6) improve the efficacy of outreach efforts.
``(b) Grants.--The Secretary, acting through the Administrator and
in consultation with the Secretary of Education, shall award
competitive grants to eligible entities to improve mental and
behavioral health services and outreach on college and university
campuses.
``(c) Eligibility.--To be eligible to receive a grant under
subsection (b), an entity shall--
``(1) be an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)); and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require, including the information required under
subsection (d).
``(d) Application.--An application for a grant under this section
shall include--
``(1) a description of the population to be targeted by the
program carried out under the grant, the particular mental and
behavioral health needs of the students involved, and the
Federal, State, local, private, and institutional resources
available for meeting the needs of such students at the time
the application is submitted;
``(2) an outline of the objectives of the program carried
out under the grant;
``(3) a description of activities, services, and training
to be provided under the program, including planned outreach
strategies to reach students not currently seeking services;
``(4) a plan to seek input from community mental health
providers, when available, community groups, and other public
and private entities in carrying out the program;
``(5) a plan, when applicable, to meet the specific mental
and behavioral health needs of veterans attending institutions
of higher education;
``(6) a description of the methods to be used to evaluate
the outcomes and effectiveness of the program; and
``(7) an assurance that grant funds will be used to
supplement, and not supplant, any other Federal, State, or
local funds available to carry out activities of the type
carried out under the grant.
``(e) Special Considerations.--In awarding grants under this
section, the Secretary shall give special consideration to applications
that describe programs to be carried out under the grant that--
``(1) demonstrate the greatest need for new or additional
mental and behavioral health services, in part by providing
information on current ratios of students to mental and
behavioral health professionals;
``(2) propose effective approaches for initiating or
expanding campus services and supports using evidence-based
practices;
``(3) target traditionally underserved populations and
populations most at risk;
``(4) where possible, demonstrate an awareness of, and a
willingness to, coordinate with a community mental health
center or other mental health resource in the community, to
support screening and referral of students requiring intensive
services;
``(5) identify how the college or university will address
psychiatric emergencies, including how information will be
communicated with families or other appropriate parties; and
``(6) demonstrate the greatest potential for replication
and dissemination.
``(f) Use of Funds.--Amounts received under a grant under this
section may be used to--
``(1) provide mental and behavioral health services to
students, including prevention, promotion of mental health,
screening, early intervention, assessment, treatment,
management, and education services relating to the mental and
behavioral health of students;
``(2) provide outreach services to notify students about
the existence of mental and behavioral health services;
``(3) educate families, peers, faculty, staff, and
communities to increase awareness of mental health issues;
``(4) support student groups on campus that engage in
activities to educate students, reduce stigma surrounding
mental and behavioral disorders, and promote mental health
wellness;
``(5) employ appropriately trained staff;
``(6) expand mental health training through internship,
post-doctorate, and residency programs;
``(7) develop and support evidence-based and emerging best
practices, including a focus on culturally and linguistically
appropriate best practices; and
``(8) evaluate and disseminate best practices to other
colleges and universities.
``(g) Duration of Grants.--A grant under this section shall be
awarded for a period not to exceed 3 years.
``(h) Evaluation and Reporting.--
``(1) Evaluation.--Not later than 18 months after the date
on which a grant is received under this section, the eligible
entity involved shall submit to the Secretary the results of an
evaluation to be conducted by the entity concerning the
effectiveness of the activities carried out under the grant and
plans for the sustainability of such efforts.
``(2) Report.--Not later than 2 years after the date of
enactment of this section, the Secretary shall submit to the
appropriate committees of Congress a report concerning the
results of--
``(A) the evaluations conducted under paragraph
(1); and
``(B) an evaluation conducted by the Secretary to
analyze the effectiveness and efficacy of the
activities conducted with grants under this section.
``(i) Technical Assistance.--The Secretary may provide technical
assistance to grantees in carrying out this section.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
``SEC. 520E-4. MENTAL AND BEHAVIORAL HEALTH OUTREACH AND EDUCATION ON
COLLEGE CAMPUSES.
``(a) Purpose.--It is the purpose of this section to increase
access to, and reduce the stigma associated with, mental health
services so as to ensure that college students have the support
necessary to successfully complete their studies.
``(b) National Public Education Campaign.--The Secretary, acting
through the Administrator and in collaboration with the Director of the
Centers for Disease Control and Prevention, shall convene an
interagency, public-private sector working group to plan, establish,
and begin coordinating and evaluating a targeted public education
campaign that is designed to focus on mental and behavioral health on
college campuses. Such campaign shall be designed to--
``(1) improve the general understanding of mental health
and mental health disorders;
``(2) encourage help-seeking behaviors relating to the
promotion of mental health, prevention of mental health
disorders, and treatment of such disorders;
``(3) make the connection between mental and behavioral
health and academic success; and
``(4) assist the general public in identifying the early
warning signs and reducing the stigma of mental illness.
``(c) Composition.--The working group under subsection (b) shall
include--
``(1) mental health consumers, including students and
family members;
``(2) representatives of colleges and universities;
``(3) representatives of national mental and behavioral
health and college associations;
``(4) representatives of college health promotion and
prevention organizations;
``(5) representatives of mental health providers, including
community mental health centers; and
``(6) representatives of private- and public-sector groups
with experience in the development of effective public health
education campaigns.
``(d) Plan.--The working group under subsection (b) shall develop a
plan that shall--
``(1) target promotional and educational efforts to the
college age population and individuals who are employed in
college and university settings, including the use of
roundtables;
``(2) develop and propose the implementation of research-
based public health messages and activities;
``(3) provide support for local efforts to reduce stigma by
using the National Mental Health Information Center as a
primary point of contact for information, publications, and
service program referrals; and
``(4) develop and propose the implementation of a social
marketing campaign that is targeted at the college population
and individuals who are employed in college and university
settings.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 4. INTERAGENCY WORKING GROUP ON COLLEGE MENTAL HEALTH.
(a) Purpose.--It is the purpose of this section, pursuant to
Executive Order 13263 (and the recommendations issued under section
6(b) of such Order), to provide for the establishment of a College
Campus Task Force under the Federal Executive Steering Committee on
Mental Health, to discuss mental and behavioral health concerns on
college and university campuses.
(b) Establishment.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall establish a
College Campus Task Force (referred to in this section as the ``Task
Force''), under the Federal Executive Steering Committee on Mental
Health, to discuss mental and behavioral health concerns on college and
university campuses.
(c) Membership.--The Task Force shall be composed of a
representative from each Federal agency (as appointed by the head of
the agency) that has jurisdiction over, or is affected by, mental
health and education policies and projects, including--
(1) the Department of Education;
(2) the Department of Health and Human Services;
(3) the Department of Veterans Affairs; and
(4) such other Federal agencies as the Administrator of the
Substance Abuse and Mental Health Services Administration and
the Secretary jointly determine to be appropriate.
(d) Duties.--The Task Force shall--
(1) serve as a centralized mechanism to coordinate a
national effort--
(A) to discuss and evaluate evidence and knowledge
on mental and behavioral health services available to,
and the prevalence of mental health illness among, the
college age population of the United States;
(B) to determine the range of effective, feasible,
and comprehensive actions to improve mental and
behavioral health on college and university campuses;
(C) to examine and better address the needs of the
college age population dealing with mental illness;
(D) to survey Federal agencies to determine which
policies are effective in encouraging, and how best to
facilitate outreach without duplicating, efforts
relating to mental and behavioral health promotion;
(E) to establish specific goals within and across
Federal agencies for mental health promotion, including
determinations of accountability for reaching those
goals;
(F) to develop a strategy for allocating
responsibilities and ensuring participation in mental
and behavioral health promotions, particularly in the
case of competing agency priorities;
(G) to coordinate plans to communicate research
results relating to mental and behavioral health
amongst the college age population to enable reporting
and outreach activities to produce more useful and
timely information;
(H) to provide a description of evidence-based best
practices, model programs, effective guidelines, and
other strategies for promoting mental and behavioral
health on college and university campuses;
(I) to make recommendations to improve Federal
efforts relating to mental and behavioral health
promotion on college campuses and to ensure Federal
efforts are consistent with available standards and
evidence and other programs in existence as of the date
of enactment of this Act; and
(J) to monitor Federal progress in meeting specific
mental and behavioral health promotion goals as they
relate to college and university settings;
(2) consult with national organizations with expertise in
mental and behavioral health, especially those organizations
working with the college age population; and
(3) consult with and seek input from mental health
professionals working on college and university campuses as
appropriate.
(e) Meetings.--
(1) In general.--The Task Force shall meet at least 3 times
each year.
(2) Annual conference.--The Secretary shall sponsor an
annual conference on mental and behavioral health in college
and university settings to enhance coordination, build
partnerships, and share best practices in mental and behavioral
health promotion, data collection, analysis, and services.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section. | Mental Health on Campus Improvement Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants to eligible institutions of higher education to improve mental and behavioral health services and outreach on college and university campuses.
Directs the Secretary to give special consideration to programs that: (1) demonstrate the greatest need; (2) propose effective approaches for initiating or expanding campus services; (3) target underserved and at-risk populations; (4) coordinate with a community mental health center or other community mental health resources; (5) identify how the college or university will address psychiatric emergencies; and (6) demonstrate the greatest potential for replication and dissemination.
Allows the Secretary to provide technical assistance to grantees.
Requires the Secretary, acting through the Administrator, to convene an interagency, public-private sector working group to plan, establish, and begin coordinating and evaluating a targeted public education campaign that is designed to focus on mental and behavioral health on college campuses.
Requires the Secretary to establish the College Campus Task Force to discuss mental and behavioral health concerns on college and university campuses. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Neurological Diseases
Surveillance System Act of 2010''.
SEC. 2. NATIONAL NEUROLOGICAL DISEASES SURVEILLANCE SYSTEM.
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 SURVEILLANCE OF NEUROLOGICAL DISEASES.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall--
``(1) enhance and expand infrastructure and activities to
track the epidemiology of neurological diseases, including
multiple sclerosis and Parkinson's disease; and
``(2) incorporate information obtained through such
activities into a statistically-sound, scientifically-credible,
integrated surveillance system, to be known as the National
Neurological Diseases Surveillance System.
``(b) Research.--The Secretary shall ensure that the National
Neurological Diseases Surveillance System is designed in a manner that
facilitates further research on neurological diseases.
``(c) Content.--In carrying out subsection (a), the Secretary--
``(1) shall provide for the collection and storage of
information on the incidence and prevalence of neurological
diseases in the United States;
``(2) to the extent practicable, shall provide for the
collection and storage of other available information on
neurological diseases, such as information concerning--
``(A) demographics and other information associated
or possibly associated with neurological diseases, such
as age, race, ethnicity, sex, geographic location, and
family history;
``(B) risk factors associated or possibly
associated with neurological diseases, including
genetic and environmental risk factors; and
``(C) diagnosis and progression markers;
``(3) may provide for the collection and storage of
information relevant to analysis on neurological diseases, such
as information concerning--
``(A) the epidemiology of the diseases;
``(B) the natural history of the diseases;
``(C) the prevention of the diseases;
``(D) the detection, management, and treatment
approaches for the diseases; and
``(E) the development of outcomes measures; and
``(4) may address issues identified during the consultation
process under subsection (d).
``(d) Consultation.--In carrying out this section, the Secretary
shall consult with individuals with appropriate expertise, including--
``(1) epidemiologists with experience in disease
surveillance or registries;
``(2) representatives of national voluntary health
associations that--
``(A) focus on neurological diseases, including
multiple sclerosis and Parkinson's disease; and
``(B) have demonstrated experience in research,
care, or patient services;
``(3) health information technology experts or other
information management specialists;
``(4) clinicians with expertise in neurological diseases;
and
``(5) research scientists with experience conducting
translational research or utilizing surveillance systems for
scientific research purposes.
``(e) Grants.--The Secretary may award grants to, or enter into
contracts or cooperative agreements with, public or private nonprofit
entities to carry out activities under this section.
``(f) Coordination With Other Federal Agencies.--Subject to
subsection (h), the Secretary shall make information and analysis in
the National Neurological Diseases Surveillance System available, as
appropriate, to Federal departments and agencies, such as the National
Institutes of Health, the Food and Drug Administration, the Centers for
Medicare & Medicaid Services, the Agency for Healthcare Research and
Quality, the Department of Veterans Affairs, and the Department of
Defense.
``(g) Public Access.--Subject to subsection (h), the Secretary
shall make information and analysis in the National Neurological
Diseases Surveillance System available, as appropriate, to the public,
including researchers.
``(h) Privacy.--The Secretary shall ensure that privacy and
security protections applicable to the National Neurological Diseases
Surveillance System are at least as stringent as the privacy and
security protections under HIPAA privacy and security law (as defined
in section 3009(a)(2)).
``(i) Report.--Not later than 4 years after the date of the
enactment of this section, the Secretary shall submit a report to the
Congress concerning the implementation of this section. Such report
shall include information on--
``(1) the development and maintenance of the National
Neurological Diseases Surveillance System;
``(2) the type of information collected and stored in the
System;
``(3) the use and availability of such information,
including guidelines for such use; and
``(4) the use and coordination of databases that collect or
maintain information on neurological diseases.
``(j) Definition.--In this section, the term `national voluntary
health association' means a national nonprofit organization with
chapters, other affiliated organizations, or networks in States
throughout the United States.
``(k) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2012 through 2016.''.
Passed the House of Representatives September 28, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | National Neurological Diseases Surveillance System Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) enhance and expand infrastructure and activities to track the epidemiology of neurological diseases, including multiple sclerosis and Parkinson's disease; and (2) incorporate information obtained through such activities into a National Neurological Diseases Surveillance System. Requires the Secretary to ensure that the System is designed in a manner that facilitates further research on neurological diseases.
Requires the Secretary to provide for the collection and storage of information on the incidence and prevalence of neurological diseases in the United States and other information on neurological diseases, such as demographics information, risk factors, or diagnosis and progression markers. Authorizes the Secretary to: (1) provide for the collection and storage of information relevant to analysis on neurological diseases, such as information concerning the epidemiology, natural history, prevention, detection, management, and treatment of the diseases and the development of outcomes measures; and (2) address issues identified through consultations with individuals with appropriate expertise.
Authorizes the Secretary to award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this Act.
Requires the Secretary to: (1) make information and analysis in the System available to federal agencies and to the public, including researchers; and (2) ensure that privacy and security protections applicable to the System are at least as stringent as the health privacy and security protections under current federal law.
Sets forth reporting requirements. Authorizes appropriations for FY2012-FY2016. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Assistance to Counterfeiters
Act''.
SEC. 2. CERTIFICATION REQUIREMENT RELATING TO TRAFFICKING IN GOODS OR
SERVICES THAT CONTAIN COUNTERFEIT MARKS.
(a) Amendments.--Chapter 1 of part III of the Foreign Assistance
Act of 1961 (22 U.S.C. 2351 et seq.) is amended--
(1) by redesignating the second section 620G (as added by
section 149 of Public Law 104-164 (110 Stat. 1436)) as section
620J; and
(2) by adding at the end the following new section:
``SEC. 620K. CERTIFICATION REQUIREMENT RELATING TO TRAFFICKING IN GOODS
OR SERVICES THAT CONTAIN COUNTERFEIT MARKS.
``(a) Requirement for Certification.--
``(1) In general.--Subject to paragraph (2), assistance may
not be provided to a person seeking United States assistance
for a fiscal year until such person submits to the President a
certification described in subsection (c) for that fiscal year.
``(2) Exception for foreign governments.--The certification
requirement set out in paragraph (1) shall not be applied to
assistance provided under this Act or any other Act directly to
the government of a foreign country or an entity of such
government or to an international organization that is an
association of representatives of national governments,
including the United Nations.
``(b) Definitions.--In this section:
``(1) Counterfeit mark.--The term `counterfeit mark' has
the meaning given that term in section 2320 of title 18, United
States Code.
``(2) Person seeking united states assistance.--The term
`person seeking United States assistance' means a person,
including an international or domestic organization that is not
an association of national governments, that--
``(A) is seeking assistance under this Act or any
other Act directly from the United States; or
``(B) subsequently receives such assistance
pursuant to a contract, grant, cooperative agreement,
or other agreement.
``(3) Traffic.--The term `traffic' has the meaning given
that term in section 2320 of title 18, United States Code.
``(c) Certification.--
``(1) In general.--A certification described in this
subsection is a certification made by a person seeking United
States assistance that--
``(A) such assistance will not be used to
intentionally traffic in goods or services that contain
counterfeit marks;
``(B) such assistance will not be used by any
person that has had an administrative or judicial
determination issued against the person for
infringement, counterfeiting, or piracy of intellectual
property in the United States or a foreign country;
``(C) any material or product, including a material
or product in electronic form, that was developed, in
whole or in part, using such assistance will not be
imported into the United States--
``(i) in violation of section 2320 of title
18, United States Code; or
``(ii) in violation of section 526(a) of
the Tariff Act of 1930 (19 U.S.C. 1526(a)); and
``(D) if such assistance will be used for a
contract, grant, cooperative agreement, or other
agreement that includes use of any intellectual
property, provides evidence of the right to use the
intellectual property, including a written license
agreement for the use, the date of the first commercial
use of the intellectual property, and any registration
for the use with an appropriate government.
``(2) Requirements for submission of certification.--A
certification described in paragraph (1) shall be submitted to
the President by a person seeking United States assistance
prior to the provision of any assistance under this Act or any
other Act and at the beginning of each subsequent fiscal year
for which such person will receive the assistance.
``(d) Suspension and Termination of Assistance.--The President
shall suspend or terminate the provision of assistance under this Act
or any other Act, in whole or in part, to a person seeking United
States assistance if the President determines that such person has used
the assistance to carry out an activity in violation of a certification
made under subsection (c).
``(e) National Security Waiver.--The President may waive a
provision of this section if the President--
``(1) determines that such a waiver is necessary to the
national security interests of the United States; and
``(2) promptly submits to Congress a notification of the
waiver and of the reasons for the waiver.''.
(b) Effective Date.--The certification requirements under section
620K of the Foreign Assistance Act of 1961, as added by subsection (a)
of this section, apply with respect to the provision of assistance by
the President for a fiscal year after fiscal year 2006. | Stop Assistance to Counterfeiters Act - Amends the Foreign Assistance Act of 1961 to require U.S. foreign assistance recipients to certify that such assistance will not be used to intentionally traffic in goods or services that contain counterfeit marks or for other purposes that promote the improper use of intellectual property.
Exempts from such requirement direct assistance to a foreign government (or its entity) or to an international organization that is an association of representatives of national governments, including the United Nations.
Directs the President to suspend or terminate assistance to a recipient who is in violation of this Act. Authorizes a national security waiver. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Hydrocephalus
Treatment and Training Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Hydrocephalus, also known as ``water on the brain'', is
a medical condition in which an abnormal accumulation of
cerebrospinal fluid in the ventricles or cavities of the brain
causes increased intracranial pressure inside the skull and
progressive enlargement of the head.
(2) If left untreated, hydrocephalus leads to physical and
mental disabilities and eventually death.
(3) Hydrocephalus is an extremely painful condition that
most commonly occurs in infants and young children as a result
of a congenital abnormality (anatomic abnormality, aqueductal
stenosis, spina bifida or encephalocele), or post-infectious
hydrocephalus (PIH) caused by infections acquired after birth,
such as meningitis, that attack the brain.
(4) PIH is the most common cause of hydrocephalus globally,
accounting for approximately 60 percent of all cases.
(5) Three to five out of every 1,000 newborns in developing
countries are either born with hydrocephalus or acquire it due
to neonatal infections in the first few months of life.
(6) It is conservatively estimated that more than 300,000
children are born with or acquire hydrocephalus in the
developing world each year.
(7) Children with hydrocephalus who are not effectively
treated or who are not treated in the early stages of the
condition suffer from cognitive deficiencies or physical
disabilities or both.
(8) Families of children who have hydrocephalus in
developing countries rarely know that it is a treatable
condition, where to go for treatment, or how to care for a
child suffering from the condition.
(9) Many children with hydrocephalus in developing
countries are abandoned, ostracized, or abused due to their
appearance and physical and mental disabilities.
(10) Hydrocephalus can be treated, and advances in
innovative medical procedures such as ETV/CPC have the
potential to save thousands of lives annually and prevent or
mitigate physical and mental disabilities in thousands of
children in developing countries.
(11) The current standard treatment for hydrocephalus is
the VP shunt which often requires up to 5 surgical revisions
before a child reaches adulthood to remedy blockages in the
shunt and to account for the child's growth. Blockages can be
expected during the life of the patient and can lead to death,
particularly in developing countries where access to the
requisite medical expertise often is not available.
(12) Due to the need for multiple replacements of a VP
shunt, this treatment is expensive and creates an increased
burden on fragile health systems, patients, and families.
(13) ETV/CPC is a shunt-less surgery for hydrocephalus that
does not require a VP shunt and has been shown to be
appropriate in at least two-thirds of the cases of infants with
hydrocephalus. Of those cases, ETV/CPC is 93 percent effective
in eliminating hydrocephalus.
(14) Few hospitals with the expertise and capacity to treat
hydrocephalus exist in developing countries, and the demand for
treatment far exceeds the capacity of health systems in those
countries.
(15) Neurosurgical care for hydrocephalus in developing
countries is widely unavailable due to a lack of trained
neurosurgeons. In East Africa, there is only 1 neurosurgeon per
10,000,000 people. In many developing countries there are no
trained neurosurgeons.
(16) Hundreds of thousands of cases of hydrocephalus in
children in developing countries could be successfully treated
if adequate resources are devoted to training surgeons in new
techniques, such as ETV/CPC, and many future cases could be
prevented if adequate resources are devoted to research means
to mitigate the preventable causes of hydrocephalus.
(17) Adoption of innovative new techniques to treat
hydrocephalus, such as ETV/CPC, are more cost effective in the
long term than current treatment methods since only one surgery
is required in most cases, thus limiting the impact on
overburdened health systems in developing countries.
SEC. 3. ASSISTANCE TO TREAT HYDROCEPHALUS AND TRAIN SURGEONS.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et. seq.) is amended--
(1) by redesignating the second section 135 (as added by
section 5(a) of the Senator Paul Simon Water for the Poor Act
of 2005 (Public Law 109-121; 119 Stat. 2536)) as section 136;
and
(2) by adding at the end the following:
``SEC. 137. ASSISTANCE TO TREAT HYDROCEPHALUS AND TRAIN SURGEONS.
``(a) Purposes.--The purposes of assistance authorized by this
section are--
``(1) to ensure that life-saving treatment of hydrocephalus
is an important priority of United States bilateral foreign
assistance, including through promotion of innovative
treatments and training of medical practitioners from the
developing world in the latest treatment protocols and best
practices for the treatment of hydrocephalus, including--
``(A) surgery and post-surgery care in developing
countries;
``(B) the creation of a comprehensive hydrocephalus
training program based in the developing world for
surgeons and key members of their medical team; and
``(C) the training of medical practitioners based
in the developing world in ETV/CPC and other
appropriate treatment protocols; and
``(2) to promote research to reduce the incidence of PIH
epidemiology, pathophysiology, and disease burden, and to
improve treatment of hydrocephalus.
``(b) Authorization.--To carry out the purposes of subsection (a),
the President is authorized to provide assistance to support a network
of trained medical practitioners to treat hydrocephalus in children at
pediatric hospitals and hydrocephalus treatment centers in developing
countries with a high incidence of hydrocephalus.
``(c) Activities Supported.--
``(1) Comprehensive program.--
``(A) In general.--Assistance provided under
subsection (b) shall, to the maximum extent
practicable, be used to establish a comprehensive
program to administer global hydrocephalus treatment
and training activities utilizing a network of
pediatric hospitals capable of performing endoscopic
surgery in developing countries.
``(B) Administration.--The program described in
subparagraph (A) shall be administered by healthcare
executives and neurosurgeons with expertise in the
treatment of hydrocephalus.
``(C) Responsibilities.--The responsibilities of
the administrators described in subparagraph (B) shall
include--
``(i) developing an appropriate education
and training curriculum;
``(ii) establishing quality control
standards;
``(iii) instituting safety guidelines and
standards; and
``(iv) developing monitoring and evaluation
protocols.
``(2) Training hospital.--
``(A) In general.--Assistance provided under
subsection (b) shall, to the maximum extent
practicable, be used to establish a surgeon training
program within a pediatric hospital based in a
developing country with a high incidence of
hydrocephalus with the goal of training four surgeons
annually and a total of 20 surgeons over a 5-year
period to treat hydrocephalus utilizing the ETV/CPC
technique.
``(B) Timeline.--To the maximum extent practicable,
the surgeon training program described in subparagraph
(A) should be operational no later than 1 year after
the date of enactment of this Act.
``(C) Training admissions criteria.--Candidates for
the surgeon training program established under
subparagraph (A) shall--
``(i) have a demonstrated commitment to
providing medical assistance in the developing
world; and
``(ii) certify that the candidate intends
to remain and practice medicine in the
developing world following completion of the
program.
``(D) Training program methodology.--The surgeon
training program established under subparagraph (A)
shall--
``(i) be conducted by a neurosurgeon with a
minimum of 3 years of full-time operating
experience in the developing world;
``(ii) be a hands-on operating room
experience in the developing world;
``(iii) utilize a hydrocephalus treatment
protocol with an emphasis on ETV/CPC as the
preferred treatment when medically appropriate;
and
``(iv) require that each trainee complete a
minimum of 50 ETV/CPC or ETV procedures and at
least 25 VP shunt procedures.
``(3) Treatment centers.--
``(A) In general.--Assistance provided under
subsection (b) shall, to the maximum extent
practicable, be used to establish at least 20
hydrocephalus treatment centers located at public and
private hospital in developing countries with a high
incidence of hydrocephalus, which shall include
treatment costs, endoscopy equipment and medical
supplies necessary to provide ETV/CPC procedures to
treat hydrocephalus.
``(B) Staffing.--The treatment centers described in
subparagraph (A) shall be staffed by--
``(i) one or more surgeons who have
successfully completed the surgeon training
program provided pursuant to paragraph (2); and
``(ii) a patient care administrator.
``(C) Treatment.--The treatment centers described
in subparagraph (A) shall--
``(i) provide surgery to treat
hydrocephalus in children;
``(ii) perform at least 50 hydrocephalus
surgeries annually including a minimum of 25
ETV or ETV/CPC surgeries; and
``(iii) provide post-surgery care and
support for the children treated in accordance
with clause (i).
``(4) Medical records and data.--Assistance provided under
subsection (b) shall, to the maximum extent practicable,
include the maintenance of medical records which track patient
care activities and information about the causes and incidence
rates of PIH.
``(d) Definitions.--In this section:
``(1) CPC.--The term `CPC' means choroid plexus
cauterization, a surgical procedure to reduce the production of
cerebrospinal fluid in the brain.
``(2) ETV.--The term `ETV' means endoscopic third
ventriculostomy, a shunt-less surgical procedure in which an
opening is created in the floor of the third ventricle of the
brain allowing cerebrospinal fluid to bypass any obstruction
and flow directly to the basal cisterns.
``(3) ETV/CPC.--The term `ETV/CPC' means the shunt-less
surgical method for treating hydrocephalus through the
combination of ETV and CPC surgical procedures.
``(4) Hydrocephalus.--The term `hydrocephalus' means a
medical condition in which an abnormal accumulation of
cerebrospinal fluid in the ventricles or cavities of the brain
causes increased intracranial pressure inside the skull and
progressive enlargement of the head.
``(5) Medical practitioners.--The term `medical
practitioners' means physicians, nurses and other clinicians.
``(6) PIH.--The term `PIH' means post-infectious or
acquired hydrocephalus which is the onset of hydrocephalus
after birth due to the affects of an infection, such as
meningitis, that has attacked the brain.
``(7) VP shunt.--The term `VP shunt' means a
ventriculoperitonea shunt which is a plastic tube that is
regulated by a valve and surgically placed in a brain ventricle
that allows the cerebrospinal fluid to flow out of the brain
through the tube and into the patient's abdomen.
``(e) Authorization of Appropriations.--Of the amounts made
available to carry out this chapter for child survival and maternal
health programs, there are authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal years
2014 through 2018 to carry out this section.''. | International Hydrocephalus Treatment and Training Act - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance to support a network of trained medical practitioners to treat hydrocephalus in children at pediatric hospitals and hydrocephalus treatment centers in developing countries. Requires such assistance to provide for surgeon training and establishment of at least 20 treatment centers. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Non-Proliferation Policy Act
of 1993''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The United States has been a leader in seeking to
contain the spread of nuclear weapons technology and materials.
(2) With the end of the Cold War and the breakup of the
Soviet Union, the proliferation of nuclear weapons, especially
to countries in unstable regions, is now the leading military
threat to the national security of the United States and its
allies.
(3) The United Nations Security Council declared on January
31, 1992, that ``proliferation of all weapons of mass
destruction constitutes a threat to international peace and
security'' and committed to taking appropriate action to
prevent proliferation from occurring. The establishment of the
United Nations Special Commission on Iraq was an important
precedent to that end.
(4) Aside from the 5 declared nuclear weapon states, a
number of other nations have or are pursuing nuclear weapons
capabilities.
(5) Regional nuclear arms races pose perhaps the most
likely prospect for the future use of nuclear weapons.
(6) The break-up of the Soviet Union has increased the
threat of nuclear proliferation.
(7) In May 1992, Ukraine, Belarus, and Kazakhstan signed
the protocols to START I and committed to acceding to the
Nuclear Non-Proliferation Treaty as non-nuclear weapon states
``in the shortest possible time''.
(8) Iraq had a substantial, clandestine nuclear weapons
program which went undetected by the International Atomic
Energy Agency (IAEA) inspection process and was greatly
assisted by dual-use exports from western countries, including
the United States.
(9) North Korea's statement of intent to withdraw from the
Nuclear Non-Proliferation Treaty, and its refusal to allow IAEA
inspections of all of its known and suspected nuclear
facilities, are unprecedented actions which could greatly
undermine efforts to stop nuclear proliferation.
(10) Brazil and Argentina had substantial programs to build
nuclear weapons and South Africa has admitted developing and
building 6 nuclear weapons, but in response to reduced regional
tensions and other factors, all 3 countries have renounced
nuclear weapons and accepted IAEA safeguards for all of their
nuclear facilities, and South Africa has acceded to the Non-
Proliferation Treaty as a non-nuclear weapon state.
(11) United States security interests and current policy
and practices are consistent with the terms of the South
Pacific Nuclear Free Zone Treaty which, like nuclear weapons
free zones in Latin America, South Asia, and the Middle East
that the United States supports, can contribute to efforts to
avoid regional conflicts and prevent arms races.
(12) The IAEA is a valuable tool to counter proliferation,
but the effectiveness of its system to safeguard nuclear
materials may be adversely affected by institutional and
financial constraints.
(13) The Nuclear Non-Proliferation Treaty, which codifies
world consensus against further nuclear proliferation and is
scheduled for review and extension in 1995, should be expanded
in membership and extended indefinitely, and additional steps
should be taken to strengthen the international nuclear
nonproliferation regime.
(14) The Nuclear Nonproliferation Act of 1978 declared that
the United States is committed to continued strong support for
the Nuclear Non-Proliferation Treaty and to a strengthened and
more effective IAEA, and established that it is United States
policy to establish more effective controls over the transfer
of nuclear equipment, materials, and technology.
(15) The goal of the United States is to end the further
spread of nuclear weapons capability, roll back nuclear
proliferation where it has occurred, and prevent the use of
nuclear weapons anywhere in the world. To that end the United
States should adopt a comprehensive nuclear nonproliferation
policy.
SEC. 3. COMPREHENSIVE NUCLEAR NONPROLIFERATION POLICY.
In order to end nuclear proliferation and reduce current nuclear
arsenals and supplies of weapons-usable nuclear materials, it shall be
the policy of the United States to pursue the following objectives:
(1) Encourage Ukraine to join Kazakhstan and Belarus in
ratifying the START I treaty and encourage Ukraine and
Kazakhstan to join Belarus in voting to accede to the Nuclear
Non-Proliferation Treaty as non-nuclear weapon states in the
shortest possible time.
(2) Encourage Belarus, Ukraine, and Kazakhstan to remove
all nuclear weapons from their territory, accept IAEA
safeguards over all of their nuclear facilities, and implement
effective controls on nuclear and nuclear-related dual-use
exports.
(3) Reach an agreement with the Russian Federation--
(A) to deactivate and retire from field deployment
on an accelerated schedule all weapons to be withdrawn
under the START I treaty and the START II treaty;
(B) on data exchanges and inspection arrangements
to verify the elimination of all nuclear weapons
scheduled to be withdrawn under the START I treaty and
the START II treaty; and
(C) to place all fissile material from such weapons
under bilateral or international controls, or both.
(4) Prepare for the ratification of the START II treaty by
seeking the exchange of information between the United States
and the Russian Federation on nuclear weapons stockpiles and
fissile material facilities and inventories as required by the
United States Senate as a condition to its approval of the
START I Treaty.
(5) Conclude a multilateral comprehensive nuclear test ban
treaty by early 1995, before the conference to renew and extend
the Nuclear Non-Proliferation Treaty is held.
(6) Ratify the START II treaty in the United States and
encourage ratification of that treaty by the Russian
Federation, and reach agreement with the Russian Federation to
end the production of new types of nuclear warheads.
(7) Conclude a multilateral agreement to reduce the
strategic nuclear arsenals of the United States and the Russian
Federation to within a range of 1,000 to 2,000 each, with lower
levels for the United Kingdom, France, and the People's
Republic of China.
(8) Conclude additional multilateral agreements to
significantly and continuously reduce the nuclear arsenals of
all countries through a stage-by-stage process.
(9) Reach immediate agreement with the Russian Federation
to halt permanently the production of fissile material for
weapons purposes, and achieve worldwide agreements to--
(A) end by 1995 the production of fissile material
for any purpose;
(B) place existing stockpiles of such materials
under bilateral or international controls; and
(C) require all countries to place all of their
nuclear facilities dedicated to peaceful purposes under
IAEA safeguards.
(10) Strengthen IAEA safeguards to more effectively verify
that countries are complying with their nonproliferation
commitments and provide the IAEA with the political, technical,
and financial support necessary to implement the necessary
safeguard reforms.
(11) Strengthen nuclear export controls in the United
States and other nuclear supplier nations, impose sanctions on
individuals, companies, and countries which contribute to
nuclear proliferation, and provide increased public information
on nuclear export licenses approved in the United States.
(12) Reduce incentives for countries to pursue the
acquisition of nuclear weapons by seeking to reduce regional
tensions and to strengthen regional security agreements, and
encourage the United Nations Security Council to increase its
role in enforcing international nuclear nonproliferation
agreements.
(13) Support the indefinite extension of the Nuclear Non-
Proliferation Treaty at the 1995 conference to review and
extend that treaty and seek to ensure that all countries sign
the treaty or participate in a comparable international regime
for monitoring and safeguarding nuclear facilities and
materials.
(14) Adopt a United States policy of ``no first use'' of
nuclear weapons, reach agreement with the other nuclear weapon
states to adopt such a policy and to assist immediately any
country which is a party to the Nuclear Non-Proliferation
Treaty should the use of nuclear weapons be initiated against
such country.
(15) Conclude a verifiable bilateral agreement with the
Russian Federation under which both countries withdraw from
their arsenals and dismantle all tactical nuclear weapons, and
seek to extend to all nuclear weapon states this zero option
for tactical nuclear weapons.
(16) Sign the appropriate protocols to the South Pacific
Nuclear Free Zone Treaty.
SEC. 4. REQUIREMENTS FOR IMPLEMENTATION OF POLICY.
(a) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, and not later than February 1 of each year
thereafter, the President shall submit to the Congress a report on--
(1) the actions the United States has taken and the actions
the United States plans to take during the succeeding 12-month
period to implement each of the policy objectives set forth in
this Act;
(2) actions which have been taken by the Russian
Federation, by the other former Soviet republics, and by other
countries and institutions to achieve those policy objectives;
and
(3) obstacles that have been encountered in seeking to
implement those policy objectives.
Each such report shall be submitted in unclassified form, with a
classified appendix if necessary.
(b) Report on Nuclear Stockpile Information.--The President shall
submit a report to the Congress on the specific actions that have been
taken and those that are planned to comply with Condition 8 concerning
the ``Nuclear Stockpile Weapons Arrangement'' of the Senate resolution
of ratification of the START I treaty (Treaty Doc. 102-20 and 102-32).
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``fissile materials'' means highly enriched
uranium and plutonium;
(2) the term ``highly enriched uranium'' means uranium
enriched to 20 percent or more in the isotope U-235;
(3) the term ``IAEA'' means the International Atomic Energy
Agency;
(4) the term ``IAEA safeguards'' means the safeguards set
forth in an agreement between a country and the IAEA, as
authorized by Article III(A)(5) of the Statute of the
International Atomic Energy Agency;
(5) a policy of ``no first use'' of nuclear weapons means a
commitment not to initiate the use of nuclear weapons;
(6) the term ``non-nuclear weapon state'' means any country
that is not a nuclear weapon state;
(7) the term ``Nuclear Non-Proliferation Treaty'' means the
Treaty on the Non-Proliferation of Nuclear Weapons, signed at
Washington, London, and Moscow on July 1, 1968;
(8) the term ``nuclear weapon state'' means any country
that is a nuclear-weapon state, as defined by Article IX(3) of
the Treaty on the Non-Proliferation of Nuclear Weapons, signed
at Washington, London, and Moscow on July 1, 1968;
(9) the term ``START I treaty'' means the Treaty on the
Reduction of Strategic Offensive Arms, signed by the United
States and the Union of Soviet Socialist Republics on July 31,
1991; and
(10) the term ``START II treaty'' means the Treaty on
Further Reductions and Limitations of Strategic Offensive Arms,
signed by the United States and the Russian Federation on
January 3, 1993. | Nuclear Non-Proliferation Policy Act of 1993 - Declares that, in order to end nuclear proliferation and reduce current nuclear arsenals and supplies of weapons-usable nuclear materials, it shall be U.S. policy to pursue the following objectives: (1) encourage the Ukraine to ratify the START I treaty and Ukraine and Kazakhstan to vote to accede to the Nuclear Non-Proliferation Treaty as non-nuclear weapon states; (2) encourage Belarus, Ukraine, and Kazakhstan to remove all nuclear weapons from their territory, accept International Atomic Energy Agency (IAEA) safeguards over nuclear facilities, and implement effective controls on nuclear exports; (3) reach an agreement with the Russian Federation to deactivate weapons to be withdrawn under START I and II, place all fissile material from weapons under bilateral or international controls, and arrange for inspections and data exchanges; (4) prepare for the ratification of START II by seeking the exchange of information; (5) conclude a multilateral comprehensive nuclear test ban treaty by early 1995; (6) ratify START II in the United States and encourage the Russian Federation to do the same; (7) conclude multilateral agreements to reduce nuclear arsenals; (8) reach agreement with the Russian Federation to halt the production of fissile material for weapons purposes and other worldwide agreements respecting such materials and the placement of all nuclear facilities under IAEA safeguards; (9) strengthen IAEA safeguards and nuclear export controls; (10) reduce incentives for countries to pursue the acquisition of nuclear weapons by seeking to reduce regional tensions; (11) support the extension of the Nuclear Non-Proliferation Treaty at the 1995 conference; (12) adopt a U.S. policy of "no first use" of nuclear weapons, reach agreement with other nuclear weapon states to adopt such a policy, and assist any country which is a party to the Nuclear Non-Proliferation Treaty should weapons be initiated against such country; (13) conclude an agreement with the Russian Federation to dismantle all tactical nuclear weapons; and (14) sign the appropriate protocols to the South Pacific Nuclear Free Zone Treaty. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Benefits Administration
Improvement Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Veterans Benefits Administration of the Department
of Veterans Affairs is responsible for the timely and accurate
processing of claims for veterans compensation and pension.
(2) The accuracy of claims processing within the Veterans
Benefits Administration has been a subject of concern to
veterans, Congress, and the Department of Veterans Affairs.
(3) While the Veterans Benefits Administration has reported
in the past a 95 percent accuracy rate in processing claims, a
new accuracy measurement system known as the Systematic
Technical Accuracy Review found that, in 1998 and again in
2000, initial reviews of veterans claims were accurate only 64
percent of the time.
(4) The Veterans Benefits Administration could lose up to
30 percent of its workforce to retirement by 2003, making
adequate training for claims adjudicators even more necessary
to ensure veterans claims are processed efficiently.
(5) The Veterans Benefits Administration needs to take more
aggressive steps to ensure that veterans claims are processed
in an accurate and timely fashion so as to avoid unnecessary
delays in providing veterans with compensation and pension
benefits.
(6) In 2001 the expected appeals processing time for a
claim from notice of disagreement to final decision is 621
days.
(7) As of September 2001, the Veterans Benefits
Administration backlog of pending work was 533,029 claims.
SEC. 3. IMPROVEMENT OF PROCESSING OF VETERANS BENEFITS CLAIMS.
(a) Plan Required.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the Senate and the House of
Representatives, the Majority Leader of the Senate, and the Speaker of
the House of Representatives a comprehensive plan for the improvement
of the processing of claims for veterans compensation and pension.
(b) Elements.--The plan under subsection (a) shall include the
following:
(1) Mechanisms for the improvement of training of claims
adjudicators and for the enhancement of employee accountability
standards in order to ensure that initial reviews of claims are
accurate and that unnecessary appeals of benefit decisions and
delays in benefit payments are avoided.
(2) Mechanisms for strengthening the ability of the
Veterans Benefits Administration to identify recurring errors
in claims adjudications by improving data collection and
management relating to--
(A) the human body and impairments common in
disability and pension claims; and
(B) recurring deficiencies in medical evidence and
examinations.
(3) Mechanisms for implementing a system for reviewing
claims processing accuracy that meets the internal control
standard of the Federal Government on separation of duties and
the program performance audit standard of the Federal
Government on organizational independence.
(4) Mechanisms for evaluating the impact of the Training
and Performance Support System on the accuracy and consistency
of claims processing.
(5) Quantifiable goals for each of the mechanisms developed
under paragraphs (1) through (4).
(c) Consultation.--In developing the plan under subsection (a), the
Secretary shall consult with and obtain the views of veterans
organizations, county veteran service associations, and other
interested parties.
(d) Implementation.--The Secretary shall implement the plan under
subsection (a) commencing 60 days after the date of the submittal of
the plan under that subsection.
(e) Modification.--(1) The Secretary may modify the plan submitted
under subsection (a).
(2) Any modification under paragraph (1) shall not take effect
until 30 days after the date on which the Secretary submits to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives, the Majority Leader of the Senate, and the Speaker of
the House of Representatives a notice regarding such modification.
(f) Reports.--Not later than January 1, 2003, and every six months
thereafter, the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and the House of Representatives, the Majority
Leader of the Senate, and the Speaker of the House of Representatives a
report assessing implementation of the plan under subsection (a) during
the preceding 6 months, including an assessment of whether the goals
set forth under subsection (b)(5) are being achieved.
(g) Funding.--The Secretary shall carry out the plan under this
section in any fiscal year using amounts appropriated or otherwise made
available for the Veterans Benefits Administration for that fiscal
year. | Veterans Benefits Administration Improvement Act of 2001 - Directs the Secretary of Veterans Affairs to submit to the congressional veterans' committees, the Senate Majority Leader, and the Speaker of the House (the entities) a comprehensive plan for the improvement of the processing of claims for veterans' compensation and pension. Requires such plan to include the training of claims adjudicators and the enhancement of accountability standards to improve the timeliness and accuracy of such claims processing. Allows for plan modifications, but requires prior notification to the entities followed by a 30-day waiting period. Provides plan funding. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Relief and Job
Creation Act''.
SEC. 2. TEMPORARY WORK OPPORTUNITY CREDIT FOR SMALL BUSINESSES.
(a) In General.--Section 51 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(l) Small Business Credit for Hiring Certain Unemployed
Individuals During 2018 and 2019.--
``(1) In general.--In the case of an eligible unemployed
individual who begins work for an eligible small business
during 2018 or 2019, the taxpayer may elect to treat such
individual as a member of a targeted group for purposes of this
subpart, subject to the modifications in paragraph (5) and in
lieu of treating such individual as a member of any other
targeted group.
``(2) Eligible small business.--For purposes of this
subsection, the term `eligible small business' means any person
if--
``(A) either--
``(i) the gross receipts of such person for
the preceding taxable year did not exceed
$20,000,000, or
``(ii) in the case of a person to which
subparagraph (A) does not apply, such person
employed not more than 100 full-time employees
during the preceding taxable year, and
``(B) such person elects the application of this
subsection for the taxable year.
For purposes of subparagraph (A)(ii), an employee shall be
considered full-time if such employee is employed at least 30
hours per week for 35 or more calendar weeks in the taxable
year.
``(3) Eligible unemployed individual.--For purposes of this
section, the term `eligible unemployed individual' means any
individual--
``(A) who is certified by the designated local
agency as being eligible to receive unemployment
compensation under State or Federal law during the 1-
year period ending on the hiring date, or
``(B) whose employment with the employer was
terminated before January 1, 2018.
``(4) Employee must be full-time.--No wages shall be taken
into account with respect to any individual for any taxable
year unless such individual is employed by the employer an
average of at least 30 hours per week in the taxable year (in
the case of the taxable year during which the individual begins
work, beginning with the day the individual begins work).
``(5) Modifications.--For purposes of this subsection, the
modifications described in this paragraph are as follows:
``(A) Percentage of wages.--Subsection (a) shall be
applied--
``(i) in the case of wages paid or incurred
by the employer during 2018, by substituting
`7.5 percent' for `40 percent', and
``(ii) in the case of wages paid or
incurred by the employer during 2019, by
substituting `5 percent' for `40 percent'.
``(B) Qualified wages during 2018 and 2019 taken
into account.--Subsection (b)(2) shall be applied by
substituting `during 2018 and 2019' for `during the 1-
year period beginning with the day the individual
begins work for the employer'.
``(C) $75,000 wage limitation.--Subsection (b)(3)
shall be applied by substituting `$75,000' for
`$6,000'.
``(D) Double credit in counties with high
unemployment.--
``(i) In general.--In the case of an
employer located in a county which is a high
unemployment county for the month during which
the employee begins work for the employer,
clauses (i) and (ii) of subparagraph (A) shall
be applied by substituting `15 percent' and `10
percent' for `7.5 percent' and `5 percent',
respectively.
``(ii) High unemployment county.--For
purposes of this subparagraph, the term `high
unemployment county' means, with respect to any
month, a county for which the rate of
unemployment exceeds the national rate of
unemployment (as determined by the Bureau of
Labor Statistics of the Department of Labor).
``(E) Credit to apply for all 2018 and 2019.--This
subsection shall be applied without regard to
subsection (c)(4).
``(F) Certain rehires eligible.--Subsection (i)(2)
shall not apply to an individual whose employment with
the employer was terminated before January 1, 2018.''.
(b) Effective Date.--The amendments made by this section shall
apply to employees hired after December 31, 2017. | Small Business Relief and Job Creation Act This bill amends the Internal Revenue Code to allow small business employers whose gross receipts in the preceding taxable year did not exceed $20 million or who did not employ more than 100 full-time employees during the preceding taxable year a work opportunity tax credit for hiring unemployed individuals as full-time employees (at least 30 hours per week for 35 or more calendar weeks in the taxable year) during 2018 or 2019. The bill doubles the rate of such credit for employers located in counties with unemployment rates that exceed the national rate of unemployment. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Capital Area Physician
Emergency Assistance Act''.
SEC. 2. CERTAIN LEGAL WAIVERS IN NATIONAL CAPITAL AREA REGARDING
PROVISION OF ASSISTANCE DURING PUBLIC HEALTH EMERGENCIES.
(a) Declaration by President.--If the President declares that a
public health emergency is in effect in the National Capital Area, then
during the period in which the emergency is in effect, any physician
who holds a valid medical license issued by an Area State government--
(1) may provide, in any part of such Area, health services
to victims of the emergency to the same extent as the physician
is authorized to provide health services within the
jurisdiction of the Area State government that issued the
license, notwithstanding the law of the other Area State
governments; and
(2) is not liable for any harm caused by any act or
omission of the physician in providing, in any part of such
Area, health services to victims of the emergency,
notwithstanding the law of any of the Area State governments,
unless the harm is caused by willful or criminal misconduct,
gross negligence, reckless misconduct, or a conscious, flagrant
indifference to the rights or safety of others.
(b) Declaration by Chief Executive Official of Area State
Government.--
(1) Maryland.--For any period during which a public health
emergency is in effect in an Area portion of the State of
Maryland, pursuant to a qualifying declaration by the Governor
of Maryland, subsection (a) applies to health services provided
within such Area portion by a physician who holds a valid
medical license issued by an Area State government to the same
extent and in the same manner as such subsection would apply
within the entire National Capital Area if the President were
to declare a public health emergency for the National Capital
Area under such subsection.
(2) Virginia.--For any period during which a public health
emergency is in effect in an Area portion of the State of
Virginia, pursuant to a qualifying declaration by the Governor
of Virginia, subsection (a) applies to health services provided
within such Area portion by a physician who holds a valid
medical license issued by an Area State government to the same
extent and in the same manner as such subsection would apply
within the entire National Capital Area if the President were
to declare a public health emergency for the National Capital
Area under such subsection.
(3) District of columbia.--For any period during which a
public health emergency is in effect in the District of
Columbia, pursuant to a qualifying declaration by the Mayor of
such District, subsection (a) applies to health services
provided within the District by a physician who holds a valid
medical license issued by an Area State government to the same
extent and in the same manner as such subsection would apply
within the entire National Capital Area if the President were
to declare a public health emergency for the National Capital
Area under such subsection.
(4) Qualifying declaration.--
(A) In general.--A declaration by the Governor of
Maryland, the Governor of Virginia, or the Mayor of the
District of Columbia, as the case may be, that a public
health emergency is in effect is, for purposes of this
subsection, a qualifying declaration if--
(i) before officially declaring such
emergency, such chief executive official
notifies the Secretary of Health and
Human Services of the intent to officially declare the emergency; and
(ii) the Secretary does not, within 12
hours after such official provides the notice,
inform the official that the Secretary has
disapproved the declaration on the basis that
the Secretary has determined that the
declaration is not necessary to protect the
public health.
(B) Delegation of functions of secretary.--The
Secretary of Health and Human Services may, temporarily
or otherwise, delegate the functions of the Secretary
under subparagraph (A) to the Assistant Secretary for
Health or any of the heads of the agencies of the
Public Health Service.
(5) Relationship between declarations.--With respect to the
public health emergency involved, a declaration by the
President under subsection (a), including the period in which
the emergency is declared to be in effect, supersedes any
declaration under this subsection by the Governor of Maryland,
the Governor of Virginia, or the Mayor of the District of
Columbia.
SEC. 3. EMERGENCY SYSTEM IN NATIONAL CAPITAL AREA FOR VERIFICATION OF
CREDENTIALS OF PHYSICIAN VOLUNTEERS.
(a) In General.--The Secretary of Health and Human Services shall,
directly or through an award of a grant, contract, or cooperative
agreement, establish and maintain a system for verifying the
credentials, licenses, and hospital privileges of individuals who,
during a public health emergency in the National Capital Area or
portion thereof as declared under section 2, volunteer to serve in such
Area as physicians (referred to in this section as the ``verification
system''). In carrying out the preceding sentence, the Secretary shall
provide for an electronic database for the verification system.
(b) Certain Criteria.--The Secretary shall establish criteria
regarding the verification system under subsection (a), including
provisions regarding the promptness and efficiency of the system in
collecting, storing, updating, and disseminating information on the
credentials, licenses, accreditations, and hospital privileges of
volunteers described in subsection (a).
(c) Advance Registration of Volunteers.--In order to facilitate the
availability of physicians during a public health emergency in the
National Capital Area, the Secretary shall provide for the advance
registration with the system of physicians who are willing to serve as
volunteers described in subsection (a), and may carry out activities to
encourage physicians to register with the system.
(d) Other Assistance.--The Secretary may make grants and provide
technical assistance to Area State governments and other public or
nonprofit private entities for activities relating to the verification
system developed under subsection (a).
(e) Rule of Construction.--This section may not be construed as
authorizing the Secretary to issue requirements regarding the provision
by the Area State governments of credentials, licenses, accreditations,
or hospital privileges.
(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $2,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 through 2007.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) The term ``Area portion'' means the portion of the
State of Maryland or the State of Virginia, as the case may be,
that is within the National Capital Area.
(2) The term ``Area State governments'' means the
governments of the States of Maryland and Virginia and the
government of the District of Columbia.
(3) The term ``National Capital Area'' means--
(A) the District of Columbia;
(B) the counties of Montgomery and Prince George's
in the State of Maryland;
(C) the cities of Alexandria, Fairfax, Falls
Church, and Manassas in the State of Virginia, and the
counties of Arlington, Fairfax, Loudon, and Prince
William in such State; and
(D) such additional jurisdictions in the State of
Maryland or Virginia as the President may designate in
a declaration under subsection (a) that a public health
emergency is in effect.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services. | National Capital Area Physician Emergency Assistance Act - Permits physicians licensed in Virginia, Maryland, or the District of Columbia to provide services to victims of emergencies in any of such jurisdictions regardless of the jurisdiction of their licensure whenever and wherever a public health emergency is declared by the relevant Governor or Mayor or by the President for the entire National Capital Area.Protects physicians from liability for all but willful, criminal, or reckless misconduct, gross negligence, or a conscious, flagrant indifference to the rights or safety of others while performing such volunteer emergency service.Directs the Secretary of Health and Human Services to provide an advance registration system for physician volunteers which verifies their credentials, licences, and hospital privileges. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NSP Termination Act''.
SEC. 2. RESCISSION OF $1 BILLION FUNDING FOR 3RD ROUND OF NEIGHBORHOOD
STABILIZATION PROGRAM.
(a) Recission.--Effective on the date of the enactment of this Act,
there are rescinded and permanently canceled all unobligated balances
remaining available as of such date of enactment of the amounts made
available by section 1497(a) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Public Law 111-203; 124 Stat. 2209; 42 U.S.C.
5301 note). All such unobligated balances so rescinded and permanently
canceled should be retained in the General Fund of the Treasury for
reducing the budget deficit of the Federal Government.
(b) Identification of Amounts Subject to Possible Rescission.--
(1) In general.--The Secretary of Housing and Urban
Development has allocated funding to the States, including
city, county, and municipal governments, under the 3rd round of
funding for the Neighborhood Stabilization Program, as set
forth in paragraph (2). Amounts from the allocations set forth
in paragraph (2) of this subsection will be subject to possible
rescission and cancellation, to the extent provided in
subsection (a).
(2) Allocation.--The allocations set forth in this
paragraph for the following States are the following amounts:
(A) Alaska: $5,000,000.
(B) Alabama: $7,576,151.
(C) Arizona: $45,377,073.
(D) Arkansas: $5,000,000.
(E) California: $149,308,651.
(F) Colorado: $17,349,270.
(G) Connecticut: $9,322,756.
(H) District of Columbia: $5,000,000.
(I) Delaware: $5,000,000.
(J) Florida: $208,437,144.
(K) Georgia: $50,421,988.
(L) Hawaii: $5,000,000.
(M) Iowa: $5,000,000.
(N) Idaho: $5,000,000.
(O) Illinois: $30,143,105.
(P) Indiana: $31,509,101.
(Q) Kansas: $6,137,796.
(R) Kentucky: $5,000,000.
(S) Louisiana: $5,000,000.
(T) Massachusetts: $7,387,994.
(U) Maryland: $6,802,242.
(V) Maine: $5,000,000.
(W) Michigan: $57,524,473.
(X) Minnesota: $12,427,113.
(Y) Missouri: $13,110,604.
(Z) Mississippi: $5,000,000.
(AA) Montana: $5,000,000.
(BB) North Carolina: $5,000,000.
(CC) North Dakota: $5,000,000.
(DD) Nebraska: $6,183,085.
(EE) New Hampshire: $5,000,000.
(FF) New Jersey: $11,641,549.
(GG) New Mexico: $5,000,000.
(HH) Nevada: $43,314,669.
(II) New York: $19,834,940.
(JJ) Ohio: $51,789,035.
(KK) Oklahoma: $5,000,000.
(LL) Oregon: $5,000,000.
(MM) Pennsylvania: $5,000,000.
(NN) Puerto Rico: $5,000,000.
(OO) Rhode Island: $6,309,231.
(PP) South Carolina: $5,615,020.
(QQ) South Dakota: $5,000,000.
(RR) Tennessee: $10,195,848.
(SS) Texas: $18,038,242.
(TT) Utah: $5,000,000.
(UU) Virginia: $6,254,970.
(VV) Vermont: $5,000,000;
(WW) Washington: $5,000,000.
(XX) Wisconsin: $7,687,949.
(YY) West Virginia: $5,000,000.
(ZZ) Wyoming: $5,000,000.
SEC. 3. TERMINATION OF NEIGHBORHOOD STABILIZATION PROGRAM.
(a) Repeal.--Sections 2301 through 2303 of the Housing and Economic
Recovery Act of 2008 (Public Law 110-289; 122 Stat. 2850; 42 U.S.C.
5301 note) are hereby repealed.
(b) Treatment of Remaining Funds.--
(1) Savings clause.--Notwithstanding the repeal under
subsection (a), any amounts made available under the provisions
specified in paragraph (2) of this subsection shall continue to
be governed by any provisions of law applicable to such amounts
as in effect immediately before such repeal.
(2) Remaining funds.--The provisions specified in this
paragraph are as follows:
(A) Section 2301(a) of the Housing and Economic
Recovery Act of 2008 (Public Law 110-289; 122 Stat.
2850; 42 U.S.C. 5301 note).
(B) The second undesignated paragraph under the
heading ``Department of Housing and Urban Development,
Community Planning and Development, Community
Development Fund'' in title XII of division A of the
American Recovery and Reinvestment Act of 2009 (Public
Law 111-5, 123 Stat. 217).
(c) Termination.--Upon the obligation of all amounts made available
under the provisions specified in subsection (b)(2), and outlays to
liquidate all such amounts, the Secretary of Housing and Urban
Development shall terminate the Neighborhood Stabilization Program
authorized under the provisions specified in subsections (a) and
(b)(2).
SEC. 4. PUBLICATION OF MEMBER AVAILABILITY FOR ASSISTANCE.
Not later than 5 days after the date of the enactment of this Act,
the Secretary of Housing and Urban Development shall publish to its
Website on the World Wide Web in a prominent location, large point
font, and boldface type the following statement: ``The Neighborhood
Stabilization Program (NSP) has been terminated. If you are concerned
about the impact of foreclosed properties on your community, please
contact your Member of Congress, State, county, and local officials for
assistance in mitigating the impacts of foreclosed properties on your
community.''.
SEC. 5. GAO STUDY OF ECONOMIC IMPACTS OF ROUND 3 NSP FUNDING.
The Comptroller General of the United States shall conduct a study
to determine the economic impacts that providing assistance under the
Neighborhood Stabilization Program, using the funding identified in
section 2, would have on States and communities in the United States,
if such funding were not rescinded and canceled under such section, but
remained available and was used in accordance with the provisions of
law applicable to such amounts as in effect immediately before the
repeal under section 3(a). Not later than the expiration of the 90-day
period beginning on the date of the enactment of this Act, the
Comptroller General shall submit to the Congress a report setting forth
the results and conclusions of the study under this section.
SEC. 6. GAO STUDY OF ECONOMIC IMPACTS OF ROUNDS 1 AND 2 NSP FUNDING.
The Comptroller General of the United States shall conduct a study
to determine the economic impacts that providing assistance under the
Neighborhood Stabilization Program has had on States and communities in
the United States. The study shall identify such impacts resulting from
the funding under the each of the provisions of law specified in
subparagraphs (A) and (B) of section 3(b)(2). Not later than the
expiration of the 90-day period beginning on the date of the enactment
of this Act, the Comptroller General shall submit to the Congress a
report setting forth the results and conclusions of the study under
this section.
Passed the House of Representatives March 16, 2011.
Attest:
KAREN L. HAAS,
Clerk. | NSP Termination Act - Rescinds and cancels permanently all unobligated balances remaining available, as of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, to the Secretary of Housing and Urban Development (HUD) for assistance to states and local governments for the redevelopment of abandoned and foreclosed homes and residential properties. (Thus, rescinds the third round of funding for the Neighborhood Stabilization Program [NSP].) Urges that all such rescinded and canceled amounts be retained in the Treasury General Fund for reducing the federal budget deficit.
Subjects to possible rescission and permanent cancellation certain amounts allocated by the Secretary under the third round of funding for the NSP to specified states, including city, county, and municipal governments.
Amends the Housing and Economic Recovery Act of 2008 to repeal emergency FY2008 appropriations for the Program.
States that such appropriations, together with amounts made available for the Program in the HUD, Community Planning and Development, Community Development Fund under title XII of division A of the American Recovery and Reinvestment Act of 2009, shall continue to be governed by any provisions of law applicable to such amounts as in effect before the repeal.
Requires the Secretary to terminate the Program upon the obligation of all such amounts and outlays to liquidate them.
Requires the Secretary to publish on the HUD website a statement as to: (1) termination of the NSP; and (2) the availability of a Member of Congress and state, county, and local officials to provide assistance in mitigating the impacts of foreclosed properties on an individual's community.
Requires the Comptroller General to study the economic impacts of: (1) round three NSP funding on states and communities that would occur if it were not rescinded and canceled but remained available, and (2) actual round one and round two NSP assistance on those states and communities. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Telecommuting and Air
Quality Act''.
SEC. 2. GRANT PROGRAM FOR DESIGN OF PILOT PROGRAM REGARDING
TELECOMMUTING AS MEANS OF IMPROVING AIR QUALITY.
(a) In General.--
(1) Grant for design of pilot program.--The Secretary of
Transportation (in this section referred to as the
``Secretary'') shall make a grant to a nonprofit private entity
that is knowledgeable on matters relating to air quality for
the purpose of developing a design for the proposed pilot
program described in subsection (b). The grant shall be made to
the National Environmental Policy Institute (a nonprofit
private entity incorporated under the laws of and located in
the District of Columbia), if such Institute submits an
application for the grant.
(2) Administration of program.--The Secretary shall carry
out this section (including subsection (c)(1)(C)) in
collaboration with the Administrator of the Environmental
Protection Agency and the Secretary of Energy.
(b) Proposed Ozone Precursor Credit-Trading Pilot Program.--
(1) Definitions.--For purposes of this section:
(A) The term ``participating employers'' means
employers that voluntarily authorize and engage in
telecommuting.
(B) The term ``telecommuting'' means the use of
telecommunications to perform work functions under
circumstances in which the use of telecommunications
reduces or eliminates the need to commute.
(C) The term ``regulated entities'' means entities
that are regulated under the Clean Air Act with respect
to emissions of one or more ozone precursors.
(D) The term ``ozone precursors'' means air
pollutants that are precursors of ground level ozone.
(E) The term ``VMTs'' means vehicle-miles-traveled.
(2) Description of program.--For purposes of subsection
(a)(1) and other provisions of this section, the proposed pilot
program described in this subsection is a pilot program under
which the following would occur:
(A) Methods would be evaluated and developed for
calculating reductions in emissions of ozone precursors
that can be achieved as a result of reduced VMTs by
telecommuting employees of participating employers.
(B) The estimated reductions in such emissions for
the periods of time involved would be deemed to be
items that may be transferred by such employers to
other persons, and for such purpose the employers would
be issued certificates indicating the amount of the
reductions achieved for the periods (referred to in
this section as ``emission credits'') .
(C) A commercial trading and exchange forum would
be made available to the public for trading and
exchanging emission credits.
(D) Through the commercial trading and exchange
forum, or through direct trades and exchanges with
persons who hold the credits, regulated entities would
obtain emission credits.
(E) Regulated entities would present emission
credits to the Federal Government or to the State
involved (as applicable under the Clean Air Act) and
the amounts of reductions in emissions of ozone
precursors represented by the credits would for
purposes of the Clean Air Act be deemed to assist in
achieving compliance.
(F) The Federal Government would explore means to
facilitate the transfer of emission credits between
participating employers and regulated and other
entities.
(c) Sites for Operation of Pilot Program.--
(1) In general.--The Secretary shall ensure that the design
developed under subsection (a) includes recommendations for
carrying out the proposed pilot program described in subsection
(b) in each of the following geographic areas:
(A) The greater metropolitan region of the District
of Columbia (including areas in the States of Maryland
and Virginia).
(B) The greater metropolitan region of Los Angeles,
in the State of California.
(C) Three additional areas to be selected by the
Secretary, after consultation with the grantee under
subsection (a).
(2) Consultation.--The Secretary shall require that, in
carrying out paragraph (1) with respect to a geographic area,
the grantee under subsection (a) consult with local governments
and business organizations in the geographic area.
(d) Study and Report.--The Secretary shall require that, in
developing the design under subsection (a), the grantee under such
subsection study and report to the Congress and to the Secretary the
potential significance of the proposed pilot program described in
subsection (b) as an incentive for expanding telecommuting and reducing
VMTs in the geographic areas for which the design is developed, and the
extent to which the program would have positive effects on--
(1) national, State, and local transportation and
infrastructure policies;
(2) energy conservation and consumption;
(3) national, State, and local air quality; and
(4) individual, family, and community quality of life.
(e) Authorization of Appropriations.--For the purpose of making the
grant under subsection (a), there is authorized to be appropriated
$250,000 for fiscal year 2000. Amounts appropriated under the preceding
sentence are available until expended. | National Telecommuting and Air Quality Act - Directs the Secretary of Transportation to make a grant to a nonprofit private entity (specifically, the National Environmental Policy Institute, if it applies) for the purpose of developing a design for a proposed ozone precursor credit-trading pilot program in which: (1) methods would be evaluated and developed for calculating reductions in emissions of ozone precursors (air pollutants) that can be achieved as a result of reduced vehicle-miles-traveled (VMTs) by telecommuting employees; (2) regulated entities would present emission credits to the Federal Government or to the State (as applicable under the Clean Air Act) and the amounts of reductions in emissions of air pollutants represented by such credits would be for purposes of compliance with the Clean Air Act; and (3) the Federal Government would explore means to facilitate the transfer of emission credits between participating employers and regulated and other entities. Sets forth recommended sites for the operation of such pilot program, including: (1) the greater metropolitan region of the District of Columbia (including areas in Maryland and Virginia); (2) the greater metropolitan region of Los Angeles, California; and (3) three additional areas to be selected by the Secretary.
Directs the Secretary to require the grantee to study and report to Congress and to the Secretary on the potential significance of the proposed pilot program as an incentive for expanding telecommuting and reducing VMTs in the geographic areas, and the extent to which it would have positive effects on national, State, and local air quality and energy conservation and consumption. Authorizes appropriations. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Welfare Reduction and Job
Preservation Act of 2006''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) Corporations are subject to a tax rate of up to 34
percent or 35 percent.
(2) Over the past several years, one of the most serious
problems affecting the middle-class has been corporate
downsizing. Many large, wealthy, and profitable corporations
have reduced the number of their American employees by
transferring those jobs to foreign countries or have reduced
the number of their employees in order to realize an immediate
short-term profit or increase in stock value.
SEC. 3. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS
WHICH REDUCE WORKFORCE.
(a) In General.--Subchapter C of chapter 1 of the Internal Revenue
Code of 1986 (relating to corporate distributions and adjustments) is
amended by adding at the end the following new part:
``PART VII--REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS
WHICH REDUCE WORKFORCE
``Sec. 386. Reduction of tax benefits for profitable large corporations
which reduce workforce.
``SEC. 386. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS
WHICH REDUCE WORKFORCE.
``(a) In General.--For any taxable year, if any profitable large
corporation reduces by 15 percent or more the number of employees who
perform any task or function at any facility in the United States, the
amount of each facility-related tax benefit shall be reduced by 50
percent.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Facility-related tax benefit.--
``(A) In general.--The term `facility-related tax
benefit' means--
``(i) any tax benefit to the extent
attributable to a facility described in
subsection (a), or
``(ii) to the extent that a tax benefit is
not attributable to any facility, a pro rata
portion of such tax benefit (as determined
under regulations prescribed by the Secretary).
``(B) Exception.--Such term shall not include--
``(i) any exclusion from gross income under
section 127 or 129 or any other deduction for
the cost of employee health care, child care,
job training, or retraining, or
``(ii) any other tax benefit (other than
wages) which the Secretary determines by
regulation to be a tax benefit for costs
incurred primarily for the benefit of employees
rather than the employer.
``(2) Large corporation.--The term `large corporation'
means a corporation or partnership which is not a small-
business concern (within the meaning of section 3 of the Small
Business Act, as in effect on the date of the enactment of this
section).
``(3) Profitable.--Any large corporation shall be treated
as profitable, for any taxable year, if the sum of taxable
income (if any) for the 5-taxable-year period ending with the
preceding taxable year (or, if shorter, the period consisting
of all preceding taxable years of such large corporation)
equals or exceeds the sum of the net operating losses (if any)
attributable to such period.
``(4) Related persons.--
``(A) In general.--All related persons shall be
treated as one person.
``(B) Related persons defined.--The term `related
persons' means--
``(i) persons bearing a relationship
described in section 267 or 707(b), and
``(ii) persons treated as a single employer
under subsection (a) or (b) of section 52.
``(5) Tax benefit.--The term `tax benefit' means a credit,
deduction, or exclusion allowable under this title.''
(b) Transmission of Data by Secretary of Labor.--The Secretary of
Labor shall transmit to the Secretary of the Treasury, not less than
annually, a list of corporations and partnerships described in section
386(a) of the Internal Revenue Code of 1986 (as added by this section).
(c) Clerical Amendment.--The table of parts for subchapter C of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part VII. Reduction of tax benefits for profitable large corporations
which reduce workforce''
(d) Effective Date.--This section and the amendments made by this
section shall apply to taxable years beginning after December 31, 2006.
SEC. 4. ACCELERATION OF LOANS MADE BY CERTAIN GOVERNMENT ENTITIES AS
PENALTY AGAINST PROFITABLE LARGE CORPORATIONS WHICH
REDUCE WORKFORCE.
(a) OPIC Loans.--Section 235 of the Foreign Assistance Act of 1961
(22 U.S.C. 2195) is amended by adding at the end the following:
``(g) Limitations on Assistance to Profitable Large Corporations
That Reduce Workforce.--
``(1) In general.--If a facility-related tax benefit of an
entity for a taxable year is reduced by reason of section
386(a) of the Internal Revenue Code of 1986, then--
``(A) the entity shall immediately repay to the
Corporation the amount of any loan made by the
Corporation to the entity under section 234;
``(B) any insurance policy provided by the
Corporation to the entity under such section is
rescinded; and
``(C) until the Secretary of the Treasury
determines that the activity on the basis of which the
facility-related tax benefit of the entity was so
reduced has ceased, the Corporation may not, during the
immediately succeeding taxable year of the entity,
extend credit, participate in an extension of credit,
or provide any insurance, directly to the entity under
such section.
``(2) Effect of failure to repay loan.--Interest shall
accrue on any amount required by paragraph (1)(A) to be repaid
to the Corporation at a rate of 10 percent per month.''.
(b) Export-Import Bank Loans.--Section 2 of the Export-Import Bank
Act of 1945 (12 U.S.C. 635) is amended by adding at the end the
following:
``(g) Limitations on Assistance to Profitable Large Corporations
That Reduce Workforce.--
``(1) In general.--If a facility-related tax benefit of an
entity for a taxable year is reduced by reason of section
386(a) of the Internal Revenue Code of 1986, then--
``(A) the entity shall immediately repay to the
Bank the amount of any loan made by the Bank to the
entity;
``(B) any insurance policy provided by the Bank to
the entity is rescinded; and
``(C) until the Secretary of the Treasury
determines that the activity on the basis of which the
facility-related tax benefit of the entity was so
reduced has ceased, the Bank may not, during the
immediately succeeding taxable year of the entity,
extend credit, participate in an extension of credit,
or provide any insurance, directly to the entity.
``(2) Effect of failure to repay loan.--Interest shall
accrue on any amount required by paragraph (1)(A) to be repaid
to the Bank at a rate of 10 percent per month.''. | Corporate Welfare Reduction and Job Preservation Act of 2006 - Amends the Internal Revenue Code to require a 50% reduction in tax benefits for certain large profitable corporations that reduce their employee workforce by 15% or more. Defines "large profitable corporation" as a corporation or partnership that is not defined as a small business concern under the Small Business Act and which has a taxable income that exceeds net operating losses during a specified five-year period.
Amends the Foreign Assistance Act of 1961 and the Export-Import Act of 1945 to require large profitable corporations (as defined by this Act) that reduce their employee workforce by 15% or more to immediately repay loans and forfeit insurance benefits and credit lines provided by such Acts. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Youth Commission Act of
2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) American youth, up to 18 years of age, represent the
freest, most educated, most affluent generation this Nation has
known. A majority will graduate from high school, will come
from families in which the parents or guardians are employed
and own property, and will come from a society which has
achieved unparalleled national economic and social opportunity
in a world largely at peace.
(2) The potential for this generation of American youth to
make lasting contributions to freedom's cause is unparalleled.
Yet, despite this favorable domestic and international climate,
some serious flaws have appeared in America's social and
cultural fabric, characterized by destructive behaviors among
some of our youth that are damaging our Nation and the ability
of this generation to achieve its full potential.
(3) While most of America's youth are achieving
academically and developing wholesome constructive pursuits,
youth violence in places like Littleton, Colorado, Springfield,
Oregon, and Jonesboro, Arkansas, and the rash of copycat
incidents, threatened or real, across the Nation has brought to
the fore a troubling lack of respect by some for other
individuals that lies at the heart of a free society.
(4) Across our Nation, school ``pranks'' have in many cases
been destructive to schools and property and reveal a serious
lack of understanding by the perpetrators of the true costs of
their actions.
(5) Equally serious are the consistently high and
personally destructive levels of alcohol and drug use by
American youth, sometimes coupled with gun violence, as well as
increasing levels of teenage suicide and eating disorders, such
as bulimia and anorexia.
(6) Upholding human dignity faces challenges in the media
as well. By the time children in the United States have passed
through the eighth grade, they will have witnessed an average
of 8,000 murders and over 100,000 other acts of violence
through the media. In addition, many video games, music, films,
and Internet websites present material so degrading to human
dignity that they undermine the value of human life and elevate
the bizarre to normal. Some have characterized this as a
``culture of death'' that permeates the consciousness of
American youth.
(7) The structure of family, neighborhoods, work, and
community in the United States has been transformed in the last
30 years as economic growth and mobility have impacted
families' aspirations and livelihoods. The static purchasing
power of families, mergers, and dislocation of production,
higher family mobility and suburbanization, rising levels of
foster children, all have contributed to a more fluid social
structure and less continuity for youth in permanent nurturing
relationships with family and community. The social
consequences of these changes, along with the pervasive
influence of media, demand attention, for developmental
attachments by adults toward youth that characterized previous
generations have become more tenuous in today's society.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``National
Commission on the Impact of United States Culture on America's Youth''
(hereinafter in this Act referred to as the ``Commission'').
SEC. 4. DUTY OF COMMISSION.
The Commission shall investigate and make findings and
recommendations with respect to--
(1) the condition and status of contemporary youth in
America compared to prior generations, with particular
attention to family, neighborhood, schools, scholastic
attainment, work, and community involvement;
(2) the nature, origins, and trends of antisocial and
violent behavior among American youth, including--
(A) an analysis of the trends in violent acts in
families, neighborhoods, and schools; and
(B) the influence of organizations, other cultural
elements, and individuals contributing to the
incitement or encouragement of violent behaviors;
(3) identification of successful initiatives that involve
youth in positive development and experiences that curb
antisocial behavior among youth;
(4) recommendations for averting and reducing violence
among American youth; and
(5) recommendations for parents, families, nongovernmental
and private sector organizations and Federal, State, and local
authorities in building positive developmental experiences
among American youth.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 11
members appointed as follows:
(1) Two members appointed by the Speaker of the House of
Representatives.
(2) Two members appointed by the majority leader of the
Senate.
(3) Two members appointed by the minority leader of the
House of Representatives.
(4) Two members appointed by the minority leader of the
Senate.
(5) Three members appointed by the President.
(b) Qualifications.--The members shall--
(1) not be incumbent Members of Congress; and
(2) be specially qualified to serve on the Commission by
reason of education, training, or experience.
(c) Terms.--Each member shall be appointed for the life of the
Commission. A vacancy in the Commission shall be filled in the manner
in which the original appointment was made.
(d) Basic Pay.--Members shall serve without pay.
(e) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with section
5703 of title 5, United States Code.
(f) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(g) Chair.--The Chairperson of the Commission shall be designated
by the President at the time of the appointment.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission shall ensure that its hearings and sessions
are open to the public, with significant opportunities for testimony
from members of the general public.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall cooperate with the Commission in providing that information.
(d) 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.
(e) Contract Authority.--The Commission may contract with and
compensate Government or private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. REPORTS.
(a) Interim Report.--The Commission shall transmit an interim
report to the President and the Congress not later than 180 days after
the date the Commission is duly organized.
(b) Final Report.--The Commission shall transmit a final report to
the President and the Congress not later than one year after the date
the Commission is duly organized. The final report shall contain a
detailed statement of the findings and conclusions of the Commission,
together with its recommendations for legislation.
SEC. 8. TERMINATION.
The Commission shall terminate 30 days after transmitting its final
report under section 7(b).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 for fiscal year
2002 to carry out this Act, to remain available until expended. | America's Youth Commission Act of 2001 - Establishes the National Commission on the Impact of United States Culture on America's Youth. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biased IRS Audit Systems Prevention
Act''.
SEC. 2. ENSURING AUDIT TRANSPARENCY AND FAIRNESS.
(a) Audit Transparency.--
(1) In general.--The Secretary shall--
(A) not later than the time a taxpayer is notified
a tax return has been selected for an audit by the
Internal Revenue Service, provide to the taxpayer
sufficient information regarding the reason the tax
return was selected for an audit, and
(B) preserve, in accordance with paragraph (3), and
make available for review by an applicable oversight
entity, any information or criteria used by the
Internal Revenue Service in selecting a tax return for
auditing.
(2) Information required to be disclosed to the taxpayer.--
For purposes of paragraph (1)(A):
(A) Returns selected based on computer modeling.--
In the case of any tax return selected for auditing
based in whole or in part upon computer modeling, the
information disclosed to the taxpayer shall include a
description of any data used in such modeling which
was--
(i) provided by the taxpayer, including
whether such information was filed
electronically by the taxpayer or transcribed
from a return which was printed and filed on
paper, and
(ii) provided from information obtained by
the Internal Revenue Service from sources other
than the taxpayer.
(B) Returns selected other than by computer
modeling.--In the case of any tax return selected for
auditing based in whole or in part upon a method other
than computer modeling, the information disclosed to
the taxpayer shall include the method employed and any
data sources used by the examiner, including the
methodology employed by the examiner for determining
the validity of such sources.
(C) No requirement to disclose identity of another
taxpayer.--The Secretary is not required to disclose
the return information (as defined in section 6103(b)
of the Internal Revenue Code of 1986) of any person
other than the taxpayer whose return has been selected
for audit.
(3) Methodology for preserving information for oversight.--
For purposes of paragraph (1)(B)--
(A) In general.--The Secretary shall document and
record how many returns are selected for auditing based
on--
(i) randomized selection,
(ii) scoring under the Discriminant Index
Function System,
(iii) a determination by an Internal
Revenue Service examiner,
(iv) any methodology not described in
clauses (i) through (iii), and
(v) any combination of methodologies
described in clauses (i) through (iv).
(B) Internally obtained information.--In the case
of any tax return which is selected for audit in whole
or in part based on information obtained by the
Internal Revenue Service from sources other than the
taxpayer, the Secretary shall document and record the
source of such information.
(4) Definitions.--For purposes of this subsection:
(A) Applicable entity.--The term ``applicable
oversight entity'' means any entity with responsibility
for oversight of the activities of the Internal Revenue
Service, including Congress, the Treasury Inspector
General for Tax Administration, the Comptroller
General, the National Taxpayer Advocate, and the
Internal Revenue Service Oversight Board (as described
in section 7802 of the Internal Revenue Code of 1986).
(B) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or such Secretary's delegate.
(5) Effective date.--This subsection shall apply to tax
returns selected for audit after the date of the enactment of
this Act.
(b) Termination of Research Audits.--
(1) In general.--The Internal Revenue Service may not
conduct any audit, investigation, or examination of a taxpayer
that is primarily for the purpose of research.
(2) Transfer of resources to prevent tax identity theft.--
(A) In general.--To the maximum extent possible,
the Commissioner of Internal Revenue shall repurpose
resources for the National Research Program to
combating tax refund fraud and identity theft.
(B) Report.--Not later than 6 months after the date
of the enactment of this Act, the Commissioner of
Internal Revenue shall submit to Congress a report on
the resources that have been repurposed pursuant to
subparagraph (A). | Biased IRS Audit Systems Prevention Act This bill directs the Internal Revenue Service (IRS) to: (1) provide a taxpayer who is selected for an audit sufficient information regarding the reason the taxpayer's return was selected for an audit and to preserve such information for review; (2) document and record how many returns are selected for audit based on randomized selection, scoring under the Discriminant Index Function System, a determination by an IRS examiner, and other methodologies; and (3) repurpose resources for the National Research Program (taxpayer data collection program) to combat tax refund fraud and identity theft. The bill prohibits the IRS from conducting any audit, investigation, or examination of a taxpayer that is primarily for research purposes. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans TRICARE Choice Act''.
SEC. 2. COORDINATION BETWEEN TRICARE PROGRAM AND ELIGIBILITY TO MAKE
CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS.
(a) In General.--Section 223(c)(1)(B) of the Internal Revenue Code
of 1986 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) coverage under the TRICARE program
under chapter 55 of title 10, United States
Code, for any period with respect to which an
election is in effect under section 1097d of
such title providing that the individual is
ineligible to be enrolled in (and receive
benefits under) such program.''.
(b) Provisions Relating to Election of Ineligibility Under
TRICARE.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1097c the following
new section:
``Sec. 1097d. TRICARE program: Election of eligibility
``(a) Election.--A TRICARE-eligible individual may elect at any
time to be ineligible to enroll in (and receive any benefits under) the
TRICARE program.
``(b) Change of Election.--(1) If a TRICARE-eligible individual
makes an election under subsection (a), the TRICARE-eligible individual
may later elect to be eligible to enroll in the TRICARE program. An
election made under this subsection may be made only during a special
enrollment period.
``(2) The Secretary shall ensure that a TRICARE-eligible individual
who makes an election under subsection (a) may efficiently enroll in
the TRICARE program pursuant to an election under paragraph (1),
including by maintaining the individual, as appropriate, in the health
care enrollment system under section 1099 of this title in an inactive
manner.
``(c) Period of Election.--If a TRICARE-eligible individual makes
an election under subsection (a), such election shall be in effect
beginning on the date of such election and ending on the date that such
individual makes an election under subsection (b)(1) to enroll in the
TRICARE program.
``(d) Health Savings Account Participation.--(1) For provisions
allowing participation in a health savings account in connection with
coverage under a high deductible health plan during the period that the
election under subsection (a) is in effect, see section
223(c)(1)(B)(iv) of the Internal Revenue Code of 1986.
``(2) The Secretary shall submit to the Commissioner of Internal
Revenue the name of, and any other information that the Commissioner
may require with respect to, each TRICARE-eligible individual who makes
an election under subsection (a) or (b), not later than 90 days after
such election, for purposes of determining the eligibility of such
TRICARE-eligible individual for a health savings account described in
paragraph (1).
``(e) Records.--The Secretary shall ensure that a TRICARE-eligible
individual who makes an election under subsection (a) is maintained on
the Defense Enrollment Eligibility Reporting System, or successor
system, regardless of whether the individual is eligible for the
TRICARE program during the period of such election.
``(f) Annual Report.--Not later than 60 days after the end of each
fiscal year, the Secretary shall submit to the congressional defense
committees a report on elections by TRICARE-eligible individuals under
this section that includes the following:
``(1) The number of TRICARE-eligible individuals, as of the
date of the submittal of the report, who are ineligible to
enroll in (and receive any benefits under) the TRICARE program
pursuant to an election under subsection (a).
``(2) The number of TRICARE-eligible individuals who made
an election described under subsection (a) but, as of the date
of the submittal of the report, are enrolled in the TRICARE
program pursuant to a change of election under subsection (b).
``(g) Definitions.--In this section:
``(1) The term `TRICARE-eligible individual' means an
individual who is eligible to be a covered beneficiary entitled
to health care benefits under the TRICARE program (determined
without regard to this section).
``(2) The term `special enrollment period' means the period
in which a beneficiary under the Federal Employees Health
Benefits program under chapter 89 of title 5 may enroll in or
change a plan under such program by reason of a qualifying
event or during an open enrollment season. For purposes of this
section, such qualifying events shall also include events
determined appropriate by the Secretary of Defense, including
events relating to a member of the armed forces being ordered
to active duty.''.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1097c the following new
item:
``1097d. TRICARE program: Election of eligibility.''. | Veterans TRICARE Choice Act Allows an individual who is eligible to participate in the TRICARE program (a Department of Defense [DOD] managed health care program) to: (1) elect to be ineligible to enroll in such program, (2) make tax deductible contributions to a health savings account during the period such individual elects to be ineligible for TRICARE coverage, and (3) enroll in the TRICARE program at a later date during a special enrollment period. Requires DOD to: (1) submit to the Internal Revenue Service information on each TRICARE-eligible individual who makes such election for purposes of determining such individual's eligibility for a health savings account; and (2) report to Congress, annually, on elections by TRICARE-eligible individuals under this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Team B Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) terrorism and domestic radicalization represent
evolving, dynamic, multidimensional threats that necessitate a
structured, iterative process to continuously revise plans,
operations, concepts, organizations, and capabilities; and
(2) past Federal experience in competitive analysis
executed by experts drawn from outside the government has
helped the intelligence community and policymakers better
understand the nature of complex threats to the United States.
SEC. 3. ESTABLISHMENT OF COUNTERTERRORISM COMPETITIVE ANALYSIS COUNCIL.
(a) Establishment.--Title I of the National Security Act of 1947
(50 U.S.C. 401 et seq.) is amended by adding at the end the following:
``counterterrorism competitive analysis council
``Sec. 120. (a) Establishment.--There is established a council to
be known as the `Counterterrorism Competitive Analysis Council' (in
this section referred to as the `Council').
``(b) Duties.--The Council shall--
``(1) advise the Director of National Intelligence on
matters of policy relating to the threats of international
terrorism and domestic radicalization based on all-source
information;
``(2) prepare a competitive analysis of each national
intelligence estimate concerning al-Qaeda and other foreign
terrorist organizations and submit such analysis to the
Director of National Intelligence and the National Intelligence
Council; and
``(3) annually submit to Congress a report in unclassified
form, which may include a classified annex, on trends in
counterterrorism and domestic radicalization, including a
summary of any competitive analysis prepared pursuant to
paragraph (2).
``(c) Members.--(1) The Council shall be composed of eight members
appointed by the Director of National Intelligence, in consultation
with the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate.
Members shall be selected on the basis of previous experience with
matters of policy relating to international terrorism and domestic
radicalization.
``(2)(A) The Director of National Intelligence may not appoint an
individual to the Council if such individual has served as an officer
or employee of the Federal Government within a five-year period of the
date of appointment.
``(B) The Director of National Intelligence may not appoint an
individual to the Council if--
``(i) such individual has served as an officer or employee
of the Federal Government within a 15-year period of the date
of appointment; and
``(ii) on the date of appointment, three of the members of
the Council have served as officers or employees of the Federal
Government within a 15-year period of the date of appointment.
``(3) The term of a member is five years, and a member may not
serve more than two terms, except that a member appointed to fill a
vacancy may serve two additional terms after the expiration of the term
in which that vacancy occured.
``(4) Any member appointed to fill a vacancy occurring before the
expiration of a term shall be appointed for the remainder of that term.
``(5) Every two years, the Council shall select a chair and vice
chair from among its members.
``(6) To the extent provided in advance in appropriation Acts, each
member shall be paid at a rate not to exceed the annual rate of basic
pay for level V of the Executive Schedule under section 5316 of title
5, United States Code.
``(7) Any member of the Council may, if authorized by the Council,
take any action which the Council is authorized to take by this
section.
``(d) Staff of Council.--(1) To the extent provided in advance in
appropriation Acts, the Council shall appoint and fix the compensation
of a Director and such additional staff as may be necessary to enable
the Council to carry out its duties.
``(2) The Director and staff of the Council 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 the rate of pay fixed for the Director
and staff may not exceed the annual rate of basic pay for level V of
the Executive Schedule under section 5316 of title 5, United States
Code.
``(3) In accordance with rules adopted by the Council, and to the
extent provided in advance in appropriation Acts, the Council may
procure the services of experts and consultants under section 3109(b)
of title 5, United States Code, but at rates for individuals 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.
``(e) Access to Intelligence Information.--(1) The Director of
National Intelligence shall transmit to the Council each national
intelligence estimate concerning al-Qaeda and other foreign terrorist
organizations.
``(2) Upon request of the Council, the Director of National
Intelligence shall make available to the Council any intelligence
information in the possession of the intelligence community.
``(3) The Director of National Intelligence shall ensure that the
appropriate executive departments and agencies cooperate with the
Council in expeditiously providing to the members and staff appropriate
security clearances in a manner consistent with existing procedures and
requirements.
``(f) Applicability of Federal Advisory Committee Act.--Section
14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.),
relating to the termination of advisory committees, shall not apply to
the Council.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2012 through 2017. No amount is authorized to carry out this
section for a fiscal year unless the appropriation for the Office of
the Director of National Intelligence for such fiscal year is reduced
by an amount equal to the amount appropriated to carry out this section
for such fiscal year''.
(b) Initial Report.--The initial report required to be submitted
under section 120(b)(2) of the National Security Act of 1947, as added
by subsection (a), shall be filed not later than 1 year after the date
of the enactment of this Act.
(c) Clerical Amendment.--The table of contents of the National
Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by inserting
after the item relating to section 119B the following:
``Sec. 120. Counterterrorism Competitive Analysis Council.''. | Team B Act - Amends the National Security Act of 1947 to establish the Counterterrorism Competitive Analysis Council to: (1) advise the Director of National Intelligence (DNI) on all policy matters relating to threats of international terrorism and domestic radicalization based on all-source information; (2) prepare a competitive analysis of each national intelligence estimate concerning al Qaeda and other foreign terrorist organizations, and submit each analysis to the DNI and the National Intelligence Council; and (3) report annually to Congress on trends in counterterrorism and domestic radicalization. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Money Laundering Abatement Act of
1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Money laundering is a serious problem that enables
criminals to reap the rewards of their crimes by hiding the
criminal source of their profits.
(2) When carried out by using banks, money laundering
erodes the integrity of our financial institutions.
(3) United States financial institutions are a critical
link in our efforts to combat money laundering.
(4) In addition to organized crime enterprises, corrupt
government officials around the world increasingly employ
sophisticated money laundering schemes to conceal wealth they
have plundered or extorted from their nations or received as
bribes, and these practices weaken the legitimacy of foreign
states, threaten the integrity of international financial
markets, and harm foreign populations.
(5) Private banking is a growing activity among financial
institutions based in and operating in the United States.
(6) The high profitability, competition, high level of
secrecy, and close relationships of trust developed between
private bankers and their clients make private banking
vulnerable to money laundering.
(7) The use by United States bankers of financial centers
located outside of the United States that have weak financial
regulatory and reporting regimes and no transparency
facilitates global money laundering.
(b) Purpose.--The purpose of this Act is to eliminate the
weaknesses in Federal law that allow money laundering to flourish,
particularly in private banking activities.
SEC. 3. IDENTIFICATION OF ACTUAL OR BENEFICIAL OWNERS OF ACCOUNTS.
(a) Transactions and Accounts With or on Behalf of Foreign
Entities.--Subchapter II of chapter 53 of title 31, United States Code,
is amended by adding at the end the following:
``Sec. 5331. Requirements relating to transactions and accounts with or
on behalf of foreign entities
``(a) Definitions.--Notwithstanding any other provision of this
subchapter, in this section the following definitions shall apply:
``(1) Account.--The term `account'--
``(A) means a formal banking or business
relationship established to provide regular services,
dealings, and other financial transactions; and
``(B) includes a demand deposit, savings deposit,
or other asset account and a credit account or other
extension of credit.
``(2) Correspondent account.--The term `correspondent
account' means an account established to receive deposits from
and make payments on behalf of a correspondent bank.
``(3) Correspondent bank.--The term `correspondent bank'
means a depository institution that accepts deposits from
another financial institution and provides services on behalf
of such other financial institution.
``(4) Depository institution.--The term `depository
institution' has the same meaning as in section 19(b)(1)(A) of
the Federal Reserve Act.
``(5) Foreign banking institution.--The term `foreign
banking institution' means a foreign entity that engages in the
business of banking, and includes foreign commercial banks,
foreign merchant banks, and other foreign institutions that
engage in banking activities usual in connection with the
business of banking in the countries where they are organized
or operating.
``(6) Foreign entity.--The term `foreign entity' means an
entity that is not organized under the laws of the Federal
Government of the United States, any State of the United
States, the District of Columbia, or the Commonwealth of Puerto
Rico.
``(b) Prohibition on Opening or Maintaining Accounts Belonging to
or for the Benefit of Unidentified Owners.--A depository institution or
a branch of a foreign bank (as defined in section 1 of the
International Banking Act of 1978) may not open or maintain any account
in the United States for a foreign entity or a representative of a
foreign entity, unless--
``(1) for each such account, the institution completes and
maintains in the United States a form or record identifying, by
a verifiable name and account number, each person having a
direct or beneficial ownership interest in the account; or
``(2) some or all of the shares of the foreign entity are
publicly traded.
``(c) Prohibition on Opening or Maintaining Correspondent Accounts
or Correspondent Bank Relationship With Certain Foreign Banks.--A
depository institution, or branch of a foreign bank, as defined in
section 1 of the International Banking Act of 1978, may not open or
maintain a correspondent account in the United States for or on behalf
of a foreign banking institution, or establish or maintain a
correspondent bank relationship with a foreign banking institution
(other than in the case of an affiliate of a branch of a foreign bank),
that--
``(1) is organized under the laws of a jurisdiction outside
of the United States; and
``(2) is not subject to comprehensive supervision or
regulation on a consolidated basis by the appropriate
authorities in such jurisdiction.
``(d) 48-Hour Rule.--Not later than 48 hours after receiving a
request by the appropriate Federal banking agency (as defined in
section 3 of the Federal Deposit Insurance Act) for information related
to anti-money laundering compliance by a financial institution or a
customer of that institution, a financial institution shall provide to
the requesting agency, or make available at a location specified by the
representative of the agency, information and account documentation for
any account opened, maintained, or managed in the United States by the
financial institution.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 53 of title 31, United States Code, is amended
by inserting after the item relating to section 5330 the following:
``5331. Requirements relating to transactions and accounts with or on
behalf of foreign entities.''.
(c) Effective Date.--The amendments made by this section shall
apply--
(1) with respect to any account opened on or after the date
of enactment of this Act, as of such date; and
(2) with respect to any account opened before the date of
enactment of this Act, as of the end of the 6-month period
beginning on such date.
SEC. 4. PROPER MAINTENANCE OF CONCENTRATION ACCOUNTS AT FINANCIAL
INSTITUTIONS.
Section 5318(h) of title 31, United States Code, is amended by
adding at the end the following:
``(3) Availability of certain account information.--The
Secretary shall prescribe regulations under this subsection
that govern maintenance of concentration accounts by financial
institutions, in order to ensure that such accounts are not
used to prevent association of the identity of an individual
customer with the movement of funds of which the customer is
the direct or beneficial owner, which regulations shall, at a
minimum--
``(A) prohibit financial institutions from allowing
clients to direct transactions that move their funds
into, out of, or through the concentration accounts of
the financial institution;
``(B) prohibit financial institutions and their
employees from informing customers of the existence of,
or means of identifying, the concentration accounts of
the institution; and
``(C) require each financial institution to
establish written procedures governing the
documentation of all transactions involving a
concentration account, which procedures shall ensure
that, any time a transaction involving a concentration
account commingles funds belonging to 1 or more
customers, the identity of, and specific amount
belonging to, each customer is documented.''.
SEC. 5. DUE DILIGENCE REQUIRED FOR PRIVATE BANKING.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is
amended by inserting after section 10 the following:
``SEC. 5A. DUE DILIGENCE.
``(a) Private Banking.--In fulfillment of its anti-money laundering
obligations under section 5318(h) of title 31, United States Code, each
depository institution that engages in private banking shall establish
due diligence procedures for opening and reviewing, on an ongoing
basis, accounts of private banking customers.
``(b) Minimum Standards.--The due diligence procedures required by
paragraph (1) shall, at a minimum, ensure that the depository
institution knows and verifies, through probative documentation, the
identity and financial background of each private banking customer of
the institution and obtains sufficient information about the source of
funds of the customer to meet the anti-money laundering obligations of
the institution.
``(c) Compliance Review.--The appropriate Federal banking agencies
shall review compliance with the requirements of this section as part
of each examination of a depository institution under this Act.
``(d) Regulations.--The Board of Governors of the Federal Reserve
System shall, after consultation with the other appropriate Federal
banking agencies, define the term `private banking' by regulation for
purposes of this section.''.
SEC. 6. SUPPLEMENTATION OF CRIMES CONSTITUTING MONEY LAUNDERING.
Section 1956(c)(7)(B) of title 18, United States Code, is amended--
(1) by striking clause (ii) and inserting the following:
``(ii) any conduct constituting a crime of
violence;''; and
(2) by adding at the end the following:
``(iv) fraud, or any scheme to defraud,
committed against a foreign government or
foreign governmental entity under the laws of
that government or entity;
``(v) bribery of a foreign public official,
or the misappropriation, theft, or embezzlement
of public funds by or for the benefit of a
foreign public official under the laws of the
country in which the subject conduct occurred
or in which the public official holds office;
``(vi) smuggling or export control
violations involving munitions listed in the
United States Munitions List or technologies
with military applications, as defined in the
Commerce Control List of the Export
Administration Regulations;
``(vii) an offense with respect to which
the United States would be obligated by a
multilateral treaty either to extradite the
alleged offender or to submit the case for
prosecution, if the offender were found within
the territory of the United States; or
``(viii) the misuse of funds of, or
provided by, the International Monetary Fund in
contravention of the Articles of Agreement of
the Fund or the misuse of funds of, or provided
by, any other international financial
institution (as defined in section 1701(c)(2)
of the International Financial Institutions
Act) in contravention of any international
treaty or other international agreement to
which the United States is a party, including
any articles of agreement of the members of
such international financial institution;''.
SEC. 7. PROHIBITION ON FALSE STATEMENTS TO FINANCIAL INSTITUTIONS
CONCERNING THE IDENTITY OF A CUSTOMER.
(a) In General.--Chapter 47 of title 18, United States Code
(relating to fraud and false statements), is amended by inserting after
section 1007 the following:
``Sec. 1008. False statements concerning the identity of customers of
financial institutions
``(a) In General.--Whoever knowingly in any manner--
``(1) falsifies, conceals, or covers up, or attempts to
falsify, conceal, or cover up, the identity of any person in
connection with any transaction with a financial institution;
``(2) makes, or attempts to make, any materially false,
fraudulent, or fictitious statement or representation of the
identity of any person in connection with a transaction with a
financial institution;
``(3) makes or uses, or attempts to make or use, any false
writing or document knowing the same to contain any materially
false, fictitious, or fraudulent statement or entry concerning
the identity of any person in connection with a transaction
with a financial institution; or
``(4) uses or presents, or attempts to use or present, in
connection with a transaction with a financial institution, an
identification document or means of identification the
possession of which is a violation of section 1028;
shall be fined under this title, imprisoned not more than 5 years, or
both.
``(b) Definitions.--In this section:
``(1) Financial institution.--In addition to the meaning
given to the term `financial institution' by section 20, the
term `financial institution' also has the meaning given to such
term in section 5312(a)(2) of title 31.
``(2) Identification document and means of
identification.--The terms `identification document' and `means
of identification' have the meanings given to such terms in
section 1028(d).''.
(b) Technical and Conforming Amendments.--
(1) Title 18, united states code.--Section 1956(c)(7)(D) of
title 18, United States Code, is amended by striking ``1014
(relating to fraudulent loan'' and inserting ``section 1008
(relating to false statements concerning the identity of
customers of financial institutions), section 1014 (relating to
fraudulent loan''.
(2) Table of sections.--The table of sections for chapter
47 of title 18, United States Code, is amended by inserting
after the item relating to section 1007 the following:
``1008. False statements concerning the identity of customers of
financial institutions.''.
SEC. 8. APPROPRIATION FOR FINCEN TO IMPLEMENT SAR/CTR ALERT DATABASE.
There is authorized to be appropriated $1,000,000, to remain
available until expended, for the Financial Crimes Enforcement Network
of the Department of the Treasury to implement an automated database
that will alert law enforcement officials if Currency Transaction
Reports or Suspicious Activity Reports disclose patterns that may
indicate illegal activity, including any instance in which multiple
Currency Transaction Reports or Suspicious Activity Reports name the
same individual within a prescribed period of time.
SEC. 9. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS.
Section 1956(b) of title 18, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' after ``(b)'';
(3) by inserting ``, or section 1957'' after ``or (a)(3)'';
and
(4) by adding at the end the following:
``(2) For purposes of adjudicating an action filed or enforcing a
penalty ordered under this section, the district courts shall have
jurisdiction over any foreign person, including any financial
institution authorized under the laws of a foreign country, that
commits an offense under subsection (a) involving a financial
transaction that occurs in whole or in part in the United States, if
service of process upon such foreign person is made under the Federal
Rules of Civil Procedure or the laws of the country in which the
foreign person is found.
``(3) The court may issue a pretrial restraining order or take any
other action necessary to ensure that any bank account or other
property held by the defendant in the United States is available to
satisfy a judgment under this section.''.
SEC. 10. LAUNDERING MONEY THROUGH A FOREIGN BANK.
Section 1956(c)(6) of title 18, United States Code, is amended to
read as follows:
``(6) the term `financial institution' includes--
``(A) any financial institution described in
section 5312(a)(2) of title 31, or the regulations
promulgated thereunder; and
``(B) any foreign bank, as defined in section
1(b)(7) of the International Banking Act of 1978 (12
U.S.C. 3101(7)).''.
SEC. 11. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, this Act and
the amendments made by this Act shall take effect 90 days after the
date of enactment of this Act. | (Sec. 3) Requires a financial institution to comply within 48 hours with a Federal banking agency request for anti- money laundering information.
(Sec. 4) Instructs the Secretary of the Treasury to prescribe regulations governing maintenance of concentration accounts by financial institutions to ensure that such accounts are not used to prevent association of the identity of an individual customer with the movement of funds of which the customer is the direct or beneficial owner.
(Sec. 5) Amends the Federal Deposit Insurance Act to require each depository institution engaging in private banking to establish due diligence procedures for ongoing review of private banking customer accounts.
(Sec. 6) Amends Federal criminal law to: (1) expand the designations of unlawful laundering of monetary instruments; (2) impose a fine and imprisonment for false statements to financial institutions concerning the identity of a customer; and (3) grant district courts jurisdiction over any foreign person that commits a financial transaction offense in the United States, including court issuance of a pretrial restraining order.
(Sec. 8) Authorizes appropriations for the Financial Crimes Enforcement Network of the Department of the Treasury to implement an automated database to alert law enforcement officials if Currency Transaction Reports or Suspicious Activity Reports disclose patterns of illegal activity, including multiple Currency Transaction Reports or Suspicious Activity Reports which name the same individual within a prescribed period of time. | [
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10014
] |
SECTION 1. SHORT TITLE
This Act may be cited as the ``Lake Pontchartrain Basin Restoration
Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Lake Pontchartrain Basin forms one of the largest
natural estuaries in the continental United States;
(2) the Basin drains an area of almost 5,000 square miles
from 16 Louisiana parishes and 4 Mississippi counties;
(3) the ecology of the Basin provides the diverse essential
habitat that supports countless species of fish, birds,
mammals, and plants;
(4) the extensive wetland of the Basin provides the primary
nursery for much of the seafood harvested in the Gulf Coast;
(5) conditions resulting from urbanization, increasing
population growth and development, sewage and septic tank
discharges, animal waste, herbicides, pesticides, fertilizers,
stormwater runoff, sediments from construction, and sewage from
fishing camps and residences should be addressed to improve the
environment and ecology of the Basin;
(6) a major source of pollution in the Basin is raw or
partially treated human waste from--
(A) communities with poor sewer systems or without
sewer systems; and
(B) septic tank systems that are not operating
properly;
(8) stormwater discharges that combine with effluent from
sanitary discharges from broken lines are channeled directly
into Lake Pontchartrain or adjacent bodies of water;
(7) a number of local government agencies are working on
restoration efforts that have a direct impact on water quality
in the Basin, including the Department of Environmental Quality
of Louisiana, the New Orleans Sewerage and Water Board,
Jefferson Parish, and other governmental agencies;
(8) a number of non-regulating organizations, such as the
Lake Pontchartrain Basin Foundation and the University of New
Orleans, are playing substantial, essential roles in
restoration efforts;
(9) the Lake Pontchartrain Basin Foundation, the University
of New Orleans, and the Regional Planning Commission for
Jefferson, Orleans, Plaquemines, St. Bernard, and St. Tammany
Parishes, Louisiana, have entered into a memorandum of
understanding to better facilitate the restoration and
preservation of water quality and habitats throughout the
Basin; and
(10) the programs and activities of the various Federal
agencies involved with administration of laws, programs, and
assets that affect the water quality of the Basin, including
the Environmental Protection Agency, the Army Corps of
Engineers, the Department of Agriculture, the Department of the
Interior, and other agencies, lack coordination and sufficient
resources to measure and remediate water quality problems in
the Basin.
(b) Purposes.--The purposes of this Act are--
(1) to coordinate the restoration efforts of Federal,
State, and local agencies and organizations in the restoration
of the Basin;
(2) to establish the Lake Pontchartrain Basin Restoration
Program in the office of the Environmental Protection Agency;
and
(3) to authorize and provide resources for restoration
projects in the Basin.
SEC. 3. LAKE PONTCHARTRAIN BASIN.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 121. LAKE PONTCHARTRAIN BASIN.
``(a) Definitions.--In this section:
``(1) Basin.--The term `Basin' means the Lake Pontchartrain
Basin located in the State of Louisiana.
``(2) Council.--The term `Council' means the Lake
Pontchartrain Executive Council established under subsection
(b)(3)(A).
``(3) Management plan--The term `management plan' means the
watershed management plan developed under subsection (b)(3)(B).
``(4) Program.--The term `program' means the Lake
Pontchartrain Basin Restoration Program established under
subsection (b)(1).
``(b) Lake Pontchartrain Basin Restoration Program.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of this section, the Administrator shall
establish within the Environmental Protection Agency the Lake
Pontchartrain Basin Restoration Program.
``(2) Purposes.--The purposes of the program shall be--
``(A) to coordinate efforts among and provide
resources to the various Federal, State, and local
governmental agencies and nonregulatory organizations
to reduce pollution in the Basin; and
``(B) to restore the Basin to ecological health.
``(3) Administration.--
``(A) Lake pontchartrain executive council.--Not
later than 180 days after the date of enactment of this
section, the Administrator shall establish the Lake
Pontchartrain Executive Council, to be composed of--
``(i) the Administrator;
``(ii) the Governor of the State of
Louisiana;
``(iii) the Chairman of the Regional
Planning Commission;
``(iv) the Chancellor of the University of
New Orleans; and
``(v) the Executive Director of the Lake
Pontchartrain Basin Foundation.
``(B) Management plan.--
``(i) In general.--Not later than 180 days
after the date of enactment of this section,
the Administrator, in cooperation with
appropriate Federal, State, and local
authorities, shall assist the Council in
developing a comprehensive, multiuse, watershed
management plan for the restoration and
protection of the Basin.
``(ii) Assistance.--Assistance provided by
the Administrator under subparagraph (A) shall
include grants for and technical assistance
in--
``(I) developing an annual work
plan endorsed by the Council;
``(II) supporting Basin-wide
environmental monitoring and research
to provide technical and scientific
information necessary to support
management decisions;
``(III) developing a comprehensive
research plan to address the technical
needs of the program; and
``(IV) recommending restoration
projects for implementation by the
State of Louisiana, parishes, and
nongovernmental entities.
``(c) Restoration Projects.--In accordance with the management
plan, the Administrator shall provide funding and oversight to carry
out voluntary restoration projects for the Basin that--
``(1) address human waste problems in the Basin by
providing a cost-sharing construction and education program
that offers incentives to parishes and local communities to
improve sewage treatment facilities and procedures (including
the continuation of funding for the inflow and infiltration
projects of Orleans and Jefferson Parishes, Louisiana);
``(2) provide critical assistance to agricultural operators
designed to address and curb agricultural runoff into the
Basin;
``(3) provide for the rerouting of discharges from selected
pumping stations through adjacent wetland, using existing
canals and small water control structures, in order to use
natural wetland to filter pollutants from urban stormwater;
``(4) improve Basin water quality--
``(A) by eliminating discharges of raw or partially
treated sewage from fishing camps and residences;
``(B) where there are approved municipal or
community sewage systems, by providing tie-ins from
those systems for fishing camps and residences; and
``(C) by establishing new sanitation and sewage
systems where needed;
``(5) reverse the trend of decreasing acreage of coastal
wetland in the Basin by creating new sustainable wetland
habitat; and
``(6) retain the integrity of natural structural elements
in the coastal landscape, such as ridges and barrier islands,
in order to reduce storm surge impacts to essential habitats
and human infrastructure.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary, to remain available until
expended--
``(1) to continue to provide priority funding for the New
Orleans Inflow and Infiltration Project sponsored by the New
Orleans Sewerage and Water Board and Jefferson Parish,
Louisiana; and
``(2) to carry out subsections (b) and (c).''. | Lake Pontchartrain Basin Restoration Act of 1999 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to establish the Lake Pontchartrain Basin Restoration Program within EPA.
Directs the Administrator to: (1) establish the Lake Pontchartrain Executive Council; (2) assist the Council in developing a comprehensive, multi-use watershed management plan for the restoration and protection of the Basin; and (3) provide funding and oversight for voluntary restoration projects for the Basin.
Authorizes appropriations to: (1) continue to provide priority funding for the New Orleans Inflow and Infiltration Project sponsored by the New Orleans Sewerage and Water Board and Jefferson Parish, Louisiana; and (2) carry out this Act. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defend America Against Weapons of
Mass Destruction Act of 1996''.
SEC. 2. FINDINGS AND DEFINITION.
(a) Findings.--Congress makes the following findings:
(1) Although the United States possesses the technological
means to develop and deploy defensive systems that would be
highly effective in countering limited ballistic missile
threats to its territory, its ability to detect and intercept
weapons of mass destruction delivered by unconventional means
is limited.
(2) It is axiomatic that the incentive for the
unconventional delivery of weapons of mass destruction will
increase in direct proportion to the perceived effectiveness of
theater missile and other regular military defense systems.
(3) The target of weapons of mass destruction may not be
military in the usual sense of the term and, as such, the
threat that is posed to the citizens of the United States by
chemical and biological weapons delivered by nonconventional
means is significant and growing.
(4) Several countries that are hostile to the United
States, including Iraq, Libya, and Iran, have demonstrated an
interest in acquiring the technology necessary to manufacture
weapons of mass destruction.
(5) In addition, the acquisition or the development and use
of weapons of mass destruction is well within the capability of
many extremist and terrorist movements, acting independently or
as proxies, and states can transfer weapons to or otherwise aid
such movements indirectly and with plausible deniability.
(6) Covert or unconventional means of delivery, which may
be preferable to both States and non-State organizations,
include cargo ships, passenger aircraft, commercial and private
vehicles and vessels, or commercial cargo shipments routed
through multiple destinations.
(7) Traditional arms control efforts assume large state
efforts with detectable manufacturing and weaponization
programs in peacetime but are ineffective in monitoring and
controlling the development of a capability to manufacture
suddenly chemical, biological, or nuclear weapons with little
or no warning and with nothing but commercial supplies and
equipment. Such efforts are also incapable of predicting and
tracking transfers of capabilities relating to weapons of mass
destruction.
(8) Because of the dire consequences to the citizens of the
United States posed by weapons of mass destruction, and because
traditional arms control efforts are inadequate, it is prudent
to commence a coordinated effort among local, State, and
Federal emergency response organizations to develop
technologies and capabilities to detect and intercept weapons of mass
destruction, to equip and protect those emergency response
organizations who are first on the scene, and, where necessary, to
decontaminate areas where such weapons are manufactured or detonated.
(9) Congress has repeatedly expressed concern about the use
of weapons of mass destruction, stating in November 1993 (in
section 1704 of the National Defense Authorization Act For
Fiscal Year 1994 (Public Law 103-160; 50 U.S.C. 1522 note))
that ``the President should strengthen Federal interagency
emergency planning by the Federal Emergency Management Agency
and other appropriate Federal, State, and local agencies for
development of a capability for early detection and warning of
and response to--
``(1) potential terrorist use of chemical or biological
agents or weapons; and
``(2) emergencies or natural disasters involving industrial
chemicals or the widespread outbreak of disease.''.
(b) Weapons of Mass Destruction Defined.--For purposes of this Act,
the term ``weapons of mass destruction'' means chemical, biological,
and nuclear weapons (whether militarized or improvised) that are
designed to spread their contents through explosions or other
dissemination means.
SEC. 3. DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--Chapter 139 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2375. Weapons of mass destruction: threat from attack by
unconventional means
``(a) Establishment of Program.--The Secretary of Defense shall
carry out a research and development program to enhance the
capabilities of the United States relating to the threat to the United
States of an attack inside the United States by unconventional means
involving weapons of mass destruction. In carrying out such program,
the Secretary shall take into consideration relevant assessments and
recommendations of any interagency task force or committee.
``(b) Activities To Be Included in the Program.--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, biological, and
nuclear weapons.
``(B) Interception of such weapons.
``(C) Protection against such weapons.
``(D) Assistance to other Federal departments and
agencies and State and local agencies in responding to
an attack made using such weapons, including casualty
treatment.
``(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, and training that can be provided,
from one Federal agency to another agency or to State and local
agencies consistent with the purposes of the program under this
section.
``(c) Consultation With State and Local Authorities.--In carrying
out the program under this section, the Secretary shall consult
regularly with, and shall seek the views of, representatives of--
``(1) State and local government law enforcement
authorities; and
``(2) State and local government emergency planning
authorities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2375. Weapons of mass destruction: threat from attack by
unconventional means.''.
SEC. 4. PRE-EVENT PLANNING ASSISTANCE UNDER STAFFORD ACT.
Section 201(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5131(b)) is amended by adding at
the end the following new sentence: ``In the case of preparation by the
States against major disasters involving weapons of mass destruction
(as defined in section 2(b) of the Defend America Against Weapons of
Mass Destruction Act of 1996), technical assistance under the preceding
sentence in developing comprehensive plans and practicable programs for
preparation against such disasters may be provided through any
department or agency of the United States designated by the President
for such purpose.''.
SEC. 5. REPORT TO CONGRESS.
Not later than one year after the date of the enactment of this
Act, the President shall submit to Congress a report describing the
actions taken, and planned to be taken, to carry out section 2375 of
title 10, United States Code, as added by section 3, and the sentence
in section 201(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act added by section 4. The report shall include a
statement of the costs of such actions. | Defend America Against Weapons of Mass Destruction Act of 1996 - Amends Federal law to direct the Secretary of Defense to carry out a research and development program to enhance U.S. capabilities relating to the threat of an attack inside the United States by unconventional means involving weapons of mass destruction.
Specifies that the activities to be carried out by the Secretary under the program shall include: (1) research, development, test, and evaluation of technologies relating to detection of chemical, biological, and nuclear weapons, interception of and protection against such weapons, assistance to other Federal departments and agencies and State and local agencies in responding to an attack, including casualty treatment, and decontamination of areas affected by an attack; (2) training of personnel for such activities; and (3) identification of Federal equipment and technologies that can be transferred, and training that can be provided, from one Federal agency to another or to State and local agencies consistent with the purposes of the program.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize Federal technical assistance to the States in developing comprehensive plans and practicable programs for preparation against major disasters involving weapons of mass destruction.
Sets forth reporting requirements. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Cargo Security Act''.
SEC. 2. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
Section 44901(f) of title 49, United States Code, is amended to
read as follows:
``(f) Cargo.--
``(1) In general.--The Under Secretary of Transportation
for Security shall establish systems to screen, inspect, or
otherwise ensure the security of all cargo that is to be
transported in--
``(A) passenger aircraft operated by an air carrier
or foreign air carrier in air transportation or
intrastate air transportation; or
``(B) all-cargo aircraft in air transportation and
intrastate air transportation.
``(2) Strategic plan.--The Under Secretary shall develop a
strategic plan to carry out paragraph (1).''.
SEC. 3. AIR CARGO SHIPPING.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44922. Regular inspections of air cargo shipping facilities
``The Under Secretary of Transportation for Security shall
establish a system for the regular inspection of shipping facilities
for shipments of cargo transported in air transportation or intrastate
air transportation to ensure that appropriate security controls,
systems, and protocols are observed, and shall enter into arrangements
with the civil aviation authorities, or other appropriate officials, of
foreign countries to ensure that inspections are conducted on a regular
basis at shipping facilities for cargo transported in air
transportation to the United States.''.
(b) Additional Inspectors.--The Under Secretary for Transportation
Security may increase the number of inspectors as necessary to
implement the requirements of title 49, United States Code, as amended
by this subtitle.
(c) Conforming Amendment.--The chapter analysis for chapter 449 of
title 49, United States Code, is amended by adding at the end the
following:
``44922. Regular inspections of air cargo shipping facilities.''.
SEC. 4. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 44923. Air cargo security
``(a) Database.--The Under Secretary of Transportation for Security
shall establish an industry-wide pilot program database of known
shippers of cargo that is to be transported in passenger aircraft
operated by an air carrier or foreign air carrier in air transportation
or intrastate air transportation. The Under Secretary shall use the
results of the pilot program to improve the known shipper program.
``(b) Indirect Air Carriers.--
``(1) Random inspections.--The Under Secretary shall
conduct random audits, investigations, and inspections of
indirect air carrier facilities to determine if the indirect
air carriers are meeting the security requirements of this
title.
``(2) Ensuring compliance.--The Under Secretary may take
such actions as may be appropriate to promote and ensure
compliance with the security standards established under this
title.
``(3) Notice of failures.--The Under Secretary shall notify
the Secretary of Transportation of any indirect air carrier
that fails to meet security standards established under this
title.
``(4) Suspension or revocation of certificate.--The
Secretary, as appropriate, shall suspend or revoke any
certificate or authority issued under chapter 411 to an
indirect air carrier immediately upon the recommendation of the
Under Secretary. Any indirect air carrier whose certificate is
suspended or revoked under this subparagraph may appeal the
suspension or revocation in accordance with procedures
established under this title for the appeal of suspensions and
revocations.
``(5) Indirect air carrier.--In this subsection, the term
`indirect air carrier' has the meaning given that term in part
1548 of title 49, Code of Federal Regulations.
``(c) Consideration of Community Needs.--In implementing air cargo
security requirements under this title, the Under Secretary may take
into consideration the extraordinary air transportation needs of small
or isolated communities and unique operational characteristics of
carriers that serve those communities.''.
(b) Assessment of Indirect Air Carrier Program.--The Under
Secretary of Transportation for Security shall assess the security
aspects of the indirect air carrier program under part 1548 of title
49, Code of Federal Regulations, and report the result of the
assessment, together with any recommendations for necessary
modifications of the program to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives within 45 days after the
date of enactment of this Act. The Under Secretary may submit the
report and recommendations in classified form.
(c) Report to Congress on Random Audits.--The Under Secretary shall
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives on random screening, audits, and
investigations of air cargo security programs based on threat
assessments and other relevant information. The report may be submitted
in classified form.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation such sums as may be
necessary to carry out this section.
(e) Conforming Amendment.--The chapter analysis for chapter 449 of
title 49, United States Code, is further amended by adding at the end
the following:
``44923. Air cargo security.''.
SEC. 5. TRAINING PROGRAM FOR CARGO HANDLERS.
The Under Secretary of Transportation for Security shall establish
a training program for any persons that handle air cargo to ensure that
the cargo is properly handled and safeguarded from security breaches.
SEC. 6. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.
(a) In General.--The Under Secretary of Transportation for Security
shall establish a program requiring that air carriers operating all-
cargo aircraft have an approved plan for the security of their air
operations area, the cargo placed aboard such aircraft, and persons
having access to their aircraft on the ground or in flight.
(b) Plan Requirements.--The plan shall include provisions for--
(1) security of each carrier's air operations areas and
cargo acceptance areas at the airports served;
(2) background security checks for all employees with
access to the air operations area;
(3) appropriate training for all employees and contractors
with security responsibilities;
(4) appropriate screening of all flight crews and persons
transported aboard all-cargo aircraft;
(5) security procedures for cargo placed on all-cargo
aircraft as provided in section 44901(f)(1)(B) of title 49,
United States Code; and
(6) additional measures deemed necessary and appropriate by
the Under Secretary.
(c) Confidential Industry Review and Comment.--
(1) Circulation of proposed program.--The Under Secretary
shall--
(A) propose a program under subsection (a) within
90 days after the date of enactment of this Act; and
(B) distribute the proposed program, on a
confidential basis, to those air carriers and other
employers to which the program will apply.
(2) Comment period.--Any person to which the proposed
program is distributed under paragraph (1) may provide comments
on the proposed program to the Under Secretary not more than 60
days after the date on which the proposed program is so
distributed.
(3) Final program.--The Under Secretary shall issue a final
program under subsection (a) not later than 45 days after the
last date on which comments may be provided under paragraph
(2). The final program shall contain time frames for the plans
to be implemented by each air carrier or employer to which it
applies.
(4) Suspension of procedural norms.--Neither chapter 5 of
title 5, United States Code, nor the Federal Advisory Committee
Act (5 U.S.C. App.) shall apply to the program required by this
section. | Air Cargo Security Act - Amends Federal aviation law to require the screening of cargo that is to be transported in passenger aircraft operated by domestic and foreign air carriers in interstate and intrastate air transportation (currently, only those transported by all-cargo aircraft). Directs the Under Secretary of Transportation for Security under the Transportation Security Administration to develop a strategic plan to carry out such screening.Sets forth certain measures to increase the safety and security of air cargo, including the establishment of systems that: (1) provide for the regular inspection of shipping facilities for cargo shipments; (2) provide an industry-wide pilot program database of known cargo shippers; (3) train persons that handle air cargo to ensure that such cargo is properly handled and safe-guarded from security breaches; and (4) require air carriers operating all-cargo aircraft to have an approved plan for the security of their air operations area, the cargo placed aboard the aircraft, and persons having access to their aircraft on the ground or in flight.Directs the Under Secretary to conduct random audits, investigations, and inspections of indirect air carrier facilities to determine if the indirect air carriers are meeting the security requirements of this Act. | [
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] |
Described.--
(1) In general.--For purposes of subsection (a)(1), a joint
resolution is described in this paragraph if it is a joint
resolution of the two Houses of Congress and the matter after
the resolving clause of such a joint resolution is as follows:
``That the Congress authorizes and directs the United States
Trade Representative to undertake negotiations to amend or
modify the rules and procedures of the Understanding on Rules
and Procedures Governing the Settlement of Disputes relating to
XX with respect to the affirmative determination submitted to
the Congress by the WTO Dispute Settlement Review Commission on
XX,'' the first blank space being filled with the specific
rules and procedures with respect to which Trade Representative
is to undertake negotiations and the second blank space being
filled with the date of the affirmative determination submitted
to the Congress by the Commission pursuant to section 4(b)
which has given rise to the joint resolution.
(2) Withdrawal resolution.--For purposes of subsection
(a)(2), a joint resolution is described in this paragraph if it
is a joint resolution of the two Houses of Congress and the
matter after the resolving clause of such joint resolution is
as follows: ``That the Congress authorizes and directs the
United States Trade Representative to undertake negotiations to
amend or modify the rules and procedures of the Understanding
on Rules and Procedures Governing the Settlement of Disputes
relating to XX with respect to the affirmative report submitted
to the Congress by the WTO Dispute Settlement Review Commission
on XX and if such negotiations do not result in a solution that
the Trade Representative, by XX, certifies to the Congress is
satisfactory, the Congress withdraws its approval, provided
under section 101(a) of the Uruguay Round Agreements Act, of
the WTO Agreement as defined in section 2(9) of the Act'', the
first blank space being filled with the specific rules and
procedures with respect to which the Trade Representative is to
undertake negotiations, the second blank space being filled
with the date of the affirmative determination submitted to the
Congress by the Commission pursuant to section 4(b) which has
given rise to the joint resolution, and the third blank space
being filled with the date the Congress withdraws its approval
of the WTO Agreement.
(c) Procedural Provisions.--
(1) In general.--The requirements of this subsection are
met if the joint resolution is enacted in accordance with this
subsection, and--
(A) in the case of a joint resolution described in
subsection (b)(1), the Congress adopts and transmits
the joint resolution to the President before the end of
the 90-day period (excluding any day described in
section 154(b) of the Trade Act of 1974) beginning on
the date on which the Congress receives an affirmative
determination from the Commission described in section
4(b), or
(B) in the case of a joint resolution described in
subsection (b)(2), the Commission has made 3
affirmative determinations described in section 4(b)
during a 5-year period, and the Congress adopts and
transmits the joint resolution to the President before the end of the
90-day period (excluding any day described in section 154(b) of the
Trade Act of 1974) beginning on the date on which the Congress receives
the third such affirmative determination.
(2) Presidential veto.--In any case in which the President
vetoes the joint resolution, the requirements of this
subsection are met if each House of Congress votes to override
that veto on or before the later of the last day of the 90-day
period referred to in subparagraph (A) or (B) of paragraph (1),
whichever is applicable, or the last day of the 15-day period
(excluding any day described in section 154(b) of the Trade Act
of 1974) beginning on the date on which the Congress receives
the veto message from the President.
(3) Introduction.--
(A) Time.--A joint resolution to which this section
applies may be introduced at any time on or after the
date on which the Commission transmits to the Congress
an affirmative determination described in section 4(b),
and before the end of the 90-day period referred to in
subparagraph (A) or (B) of paragraph (1), as the case
may be.
(B) Any member may introduce.--A joint resolution
described in subsection (b) may be introduced in either
House of the Congress by any Member of such House.
(4) Expedited procedures.--
(A) General rule.--Subject to the provisions of
this subsection, the provisions of subsections (b),
(d), (e), and (f) of section 152 of the Trade Act of
1974 (19 U.S.C. 2192 (b), (d), (e), and (f)) apply to
joint resolutions described in subsection (b) to the
same extent as such provisions apply to resolutions
under such section.
(B) Report of discharge of committee.--If the
committee of either House to which a joint resolution
has been referred has not reported it by the close of
the 45th day after its introduction (excluding any day
described in section 154(d) of the Trade Act of 1974),
such committee shall be automatically discharged from
further consideration of the joint resolution and it
shall be placed on the appropriate calendar.
(C) Finance and ways and means committees.--It is
not in order for--
(i) the Senate to consider any joint
resolution unless it has been reported by the
Committee on Finance or the committee has been
discharged under subparagraph (B); or
(ii) the House of Representatives to
consider any joint resolution unless it has
been reported by the Committee on Ways and
Means or the committee has been discharged
under subparagraph (B).
(D) Special rules for house.--A motion in the House
of Representatives to proceed to the consideration of a
joint resolution may only be made on the second
legislative day after the calendar day on which the
Member making the motion announces to the House his or
her intention to do so.
(5) Consideration of second resolution not in order.--It
shall not be in order in either the House of Representatives or
the Senate to consider a joint resolution (other than a joint
resolution received from the other House), if that House has
previously adopted a joint resolution under this section
relating to the same matter.
(d) Rules of House of Representatives and Senate.--This section is
enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House.
SEC. 206. PARTICIPATION IN WTO PANEL PROCEEDINGS.
(a) In General.--If the United States Trade Representative, in
proceedings before a dispute settlement panel or the Appellate Body of
the WTO, seeks--
(1) to enforce United States rights under a multilateral
trade agreement; or
(2) to defend a challenged action or determination of the
United States Government;
a private United States person that is supportive of the United States
Government's position before the panel or Appellate Body and that has a
direct economic interest in the panel's or Appellate Body's resolution
of the matters in dispute shall be permitted to participate in
consultations and panel proceedings. The Trade Representative shall
issue regulations, consistent with subsections (b) and (c), ensuring
full and effective participation by any such private person.
(b) Access to Information.--The United States Trade Representative
shall make available to persons described in subsection (a) all
information presented to or otherwise obtained by the Trade
Representative in connection with a WTO dispute settlement proceeding.
The United States Trade Representative shall promulgate regulations
implementing a protective order system to protect information
designated by the submitting member as confidential.
(c) Participation in Panel Process.--Upon request from a person
described in subsection (a), the United States Trade Representative
shall--
(1) consult in advance with such person regarding the
content of written submissions from the United States to the
WTO panel concerned or to the other member countries involved;
(2) include, where appropriate, such person or its
appropriate representative as an advisory member of the
delegation in sessions of the dispute settlement panel;
(3) allow such special delegation member, where such member
would bring special knowledge to the proceeding, to appear
before the panel, directly or through counsel, under the
supervision of responsibility United States Government
officials; and
(4) in proceedings involving confidential information,
allow appearance of such person only through counsel as a
member of the special delegation.
SEC. 207. DEFINITIONS.
For purposes of this Act:
(1) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established under article 17.1 of the Dispute
Settlement Understanding.
(2) Adverse to the united states.--The term ``adverse to
the United States'' includes any report which holds any law,
regulation, or application thereof by a government agency to be
inconsistent with international obligations under a Uruguay
Round Agreement (or a nullification or impairment thereof),
whether or not there are other elements of the decision which
favor arguments made by the United States.
(3) Dispute settlement panel; panel.--The terms ``dispute
settlement panel'' and ``panel'' mean a panel established
pursuant to article 6 of the Dispute Settlement Understanding.
(4) Dispute settlement body.--The term ``Dispute Settlement
Body'' means the Dispute Settlement Body administering the
rules and procedures set forth in the Dispute Settlement
Understanding.
(5) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the understanding on rules and
procedures governing the settlement of disputes referred to in
section 101(d)(16) of the Uruguay Round Agreements Act.
(6) Uruguay round agreement.--The term ``Uruguay Round
Agreement'' means any of the agreements described in section
101(d) of the Uruguay Round Agreements Act.
(7) World trade organization; wto.--The term ``World Trade
Organization'' and ``WTO'' mean the organization established
pursuant to the WTO Agreement.
(8) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994. | TABLE OF CONTENTS:
Title I: NAFTA Renegotiation Act
Title II: WTO Dispute Settlement Review Commission Act
NAFTA Renegotiation and WTO Dispute Settlement Review Commission Act -
Title I: NAFTA Renegotiation Act
- Requires the President to renegotiate the terms of the North American Free Trade Agreement (NAFTA) to correct trade deficits and currency distortions. Requires reports to the Congress assessing the impact of NAFTA on U.S. jobs and the environment. Requires the President to consult with the Congress with respect to the renegotiations.
Title II: WTO Dispute Settlement Review Commission Act
- Establishes the WTO Dispute Settlement Review Commission to review: (1) all reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) which are adverse to the United States and adopted by the Dispute Settlement Body; and (2) upon request of the U.S. Trade Representative (USTR), any other report of such bodies adopted by the Dispute Settlement Body.
Requires the USTR to undertake negotiations to amend the rules and procedures of the dispute settlement understanding upon enactment of a joint resolution mandating such negotiations.
Permits participation in WTO panel proceedings in support of the United States of a private U.S. person with a direct economic interest in the resolution of the matters in dispute. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Land Use and
Institutionalized Persons Act of 2000''.
SEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE.
(a) Substantial Burdens.--
(1) General rule.--No government shall impose or implement
a land use regulation in a manner that imposes a substantial
burden on the religious exercise of a person, including a
religious assembly or institution, unless the government
demonstrates that imposition of the burden on that person,
assembly, or institution--
(A) is in furtherance of a compelling governmental
interest; and
(B) is the least restrictive means of furthering
that compelling governmental interest.
(2) Scope of application.--This subsection applies in any
case in which--
(A) the substantial burden is imposed in a program
or activity that receives Federal financial assistance,
even if the burden results from a rule of general
applicability;
(B) the substantial burden affects, or removal of
that substantial burden would affect, commerce with
foreign nations, among the several States, or with
Indian tribes, even if the burden results from a rule
of general applicability; or
(C) the substantial burden is imposed in the
implementation of a land use regulation or system of
land use regulations, under which a government makes,
or has in place formal or informal procedures or
practices that permit the government to make,
individualized assessments of the proposed uses for the
property involved.
(b) Discrimination and Exclusion.--
(1) Equal terms.--No government shall impose or implement a
land use regulation in a manner that treats a religious
assembly or institution on less than equal terms with a
nonreligious assembly or institution.
(2) Nondiscrimination.--No government shall impose or
implement a land use regulation that discriminates against any
assembly or institution on the basis of religion or religious
denomination.
(3) Exclusions and limits.--No government shall impose or
implement a land use regulation that--
(A) totally excludes religious assemblies from a
jurisdiction; or
(B) unreasonably limits religious assemblies,
institutions, or structures within a jurisdiction.
SEC. 3. PROTECTION OF RELIGIOUS EXERCISE OF INSTITUTIONALIZED PERSONS.
(a) General Rule.--No government shall impose a substantial burden
on the religious exercise of a person residing in or confined to an
institution, as defined in section 2 of the Civil Rights of
Institutionalized Persons Act (42 U.S.C. 1997), even if the burden
results from a rule of general applicability, unless the government
demonstrates that imposition of the burden on that person--
(1) is in furtherance of a compelling governmental
interest; and
(2) is the least restrictive means of furthering that
compelling governmental interest.
(b) Scope of Application.--This section applies in any case in
which--
(1) the substantial burden is imposed in a program or
activity that receives Federal financial assistance; or
(2) the substantial burden affects, or removal of that
substantial burden would affect, commerce with foreign nations,
among the several States, or with Indian tribes.
SEC. 4. JUDICIAL RELIEF.
(a) Cause of Action.--A person may assert a violation of this Act
as a claim or defense in a judicial proceeding and obtain appropriate
relief against a government. Standing to assert a claim or defense
under this section shall be governed by the general rules of standing
under article III of the Constitution.
(b) Burden of Persuasion.--If a plaintiff produces prima facie
evidence to support a claim alleging a violation of the Free Exercise
Clause or a violation of section 2, the government shall bear the
burden of persuasion on any element of the claim, except that the
plaintiff shall bear the burden of persuasion on whether the law
(including a regulation) or government practice that is challenged by
the claim substantially burdens the plaintiff's exercise of religion.
(c) Full Faith and Credit.--Adjudication of a claim of a violation
of section 2 in a non-Federal forum shall not be entitled to full faith
and credit in a Federal court unless the claimant had a full and fair
adjudication of that claim in the non-Federal forum.
(d) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended--
(1) by inserting ``the Religious Land Use and
Institutionalized Persons Act of 2000,'' after ``Religious
Freedom Restoration Act of 1993,''; and
(2) by striking the comma that follows a comma.
(e) Prisoners.--Nothing in this Act shall be construed to amend or
repeal the Prison Litigation Reform Act of 1995 (including provisions
of law amended by that Act).
(f) Authority of United States To Enforce This Act.--The United
States may bring an action for injunctive or declaratory relief to
enforce compliance with this Act. Nothing in this subsection shall be
construed to deny, impair, or otherwise affect any right or authority
of the Attorney General, the United States, or any agency, officer, or
employee of the United States, acting under any law other than this
subsection, to institute or intervene in any proceeding.
(g) Limitation.--If the only jurisdictional basis for applying a
provision of this Act is a claim that a substantial burden by a
government on religious exercise affects, or that removal of that
substantial burden would affect, commerce with foreign nations, among
the several States, or with Indian tribes, the provision shall not
apply if the government demonstrates that all substantial burdens on,
or the removal of all substantial burdens from, similar religious
exercise throughout the Nation would not lead in the aggregate to a
substantial effect on commerce with foreign nations, among the several
States, or with Indian tribes.
SEC. 5. RULES OF CONSTRUCTION.
(a) Religious Belief Unaffected.--Nothing in this Act shall be
construed to authorize any government to burden any religious belief.
(b) Religious Exercise Not Regulated.--Nothing in this Act shall
create any basis for restricting or burdening religious exercise or for
claims against a religious organization, including any religiously
affiliated school or university, not acting under color of law.
(c) Claims to Funding Unaffected.--Nothing in this Act shall create
or preclude a right of any religious organization to receive funding or
other assistance from a government, or of any person to receive
government funding for a religious activity, but this Act may require a
government to incur expenses in its own operations to avoid imposing a
substantial burden on religious exercise.
(d) Other Authority To Impose Conditions on Funding Unaffected.--
Nothing in this Act shall--
(1) authorize a government to regulate or affect, directly
or indirectly, the activities or policies of a person other
than a government as a condition of receiving funding or other
assistance; or
(2) restrict any authority that may exist under other law
to so regulate or affect, except as provided in this Act.
(e) Governmental Discretion in Alleviating Burdens on Religious
Exercise.--A government may avoid the preemptive force of any provision
of this Act by changing the policy or practice that results in a
substantial burden on religious exercise, by retaining the policy or
practice and exempting the substantially burdened religious exercise,
by providing exemptions from the policy or practice for applications
that substantially burden religious exercise, or by any other means
that eliminates the substantial burden.
(f) Effect on Other Law.--With respect to a claim brought under
this Act, proof that a substantial burden on a person's religious
exercise affects, or removal of that burden would affect, commerce with
foreign nations, among the several States, or with Indian tribes, shall
not establish any inference or presumption that Congress intends that
any religious exercise is, or is not, subject to any law other than
this Act.
(g) Broad Construction.--This Act shall be construed in favor of a
broad protection of religious exercise, to the maximum extent permitted
by the terms of this Act and the Constitution.
(h) No Preemption or Repeal.--Nothing in this Act shall be
construed to preempt State law, or repeal Federal law, that is equally
as protective of religious exercise as, or more protective of religious
exercise than, this Act.
(i) Severability.--If any provision of this Act or of an amendment
made by this Act, or any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder of this
Act, the amendments made by this Act, and the application of the
provision to any other person or circumstance shall not be affected.
SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED.
Nothing in this Act shall be construed to affect, interpret, or in
any way address that portion of the first amendment to the Constitution
prohibiting laws respecting an establishment of religion (referred to
in this section as the ``Establishment Clause''). Granting government
funding, benefits, or exemptions, to the extent permissible under the
Establishment Clause, shall not constitute a violation of this Act. In
this section, the term ``granting'', used with respect to government
funding, benefits, or exemptions, does not include the denial of
government funding, benefits, or exemptions.
SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT.
(a) Definitions.--Section 5 of the Religious Freedom Restoration
Act of 1993 (42 U.S.C. 2000bb-2) is amended--
(1) in paragraph (1), by striking ``a State, or a
subdivision of a State'' and inserting ``or of a covered
entity'';
(2) in paragraph (2), by striking ``term'' and all that
follows through ``includes'' and inserting ``term `covered
entity' means''; and
(3) in paragraph (4), by striking all after ``means'' and
inserting ``religious exercise, as defined in section 8 of the
Religious Land Use and Institutionalized Persons Act of
2000.''.
(b) Conforming Amendment.--Section 6(a) of the Religious Freedom
Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking
``and State''.
SEC. 8. DEFINITIONS.
In this Act:
(1) Claimant.--The term ``claimant'' means a person raising
a claim or defense under this Act.
(2) Demonstrates.--The term ``demonstrates'' means meets
the burdens of going forward with the evidence and of
persuasion.
(3) Free exercise clause.--The term ``Free Exercise
Clause'' means that portion of the first amendment to the
Constitution that proscribes laws prohibiting the free exercise
of religion.
(4) Government.--The term ``government''--
(A) means--
(i) a State, county, municipality, or other
governmental entity created under the authority
of a State;
(ii) any branch, department, agency,
instrumentality, or official of an entity
listed in clause (i); and
(iii) any other person acting under color
of State law; and
(B) for the purposes of sections 4(b) and 5,
includes the United States, a branch, department,
agency, instrumentality, or official of the United
States, and any other person acting under color of
Federal law.
(5) Land use regulation.--The term ``land use regulation''
means a zoning or landmarking law, or the application of such a
law, that limits or restricts a claimant's use or development
of land (including a structure affixed to land), if the
claimant has an ownership, leasehold, easement, servitude, or
other property interest in the regulated land or a contract or
option to acquire such an interest.
(6) Program or activity.--The term ``program or activity''
means all of the operations of any entity described in
paragraph (1) or (2) of section 606 of the Civil Rights Act of
1964 (42 U.S.C. 2000d-4a).
(7) Religious exercise.--
(A) In general.--The term ``religious exercise''
includes any exercise of religion, whether or not
compelled by, or central to, a system of religious
belief.
(B) Rule.--The use, building, or conversion of real
property for the purpose of religious exercise shall be
considered to be religious exercise of the person or
entity that uses or intends to use the property for
that purpose. | Prohibits any government from imposing a substantial burden on the religious exercise of a person residing in or confined to an institution, as defined in the Civil Rights of Institutionalized Persons Act, even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. States that nothing in this Act shall be construed to amend or repeal the Prison Litigation Reform Act of 1995 (including provisions of law amended by that Act). | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Milestones to Measure
Progress in Ending the Opioid Epidemic Act of 2018''.
SEC. 2. NATIONAL MILESTONES TO MEASURE SUCCESS IN CURTAILING THE OPIOID
EPIDEMIC.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), in consultation with
the Administrator of the Drug Enforcement Administration and the
Director of the Office of National Drug Control Policy, shall develop
national indicators to measure success in curtailing the opioid
epidemic, with the goal of significantly reversing the toll of opioid
misuse and opioid-related morbidity and mortality in the United States
within 5 years of such date of enactment (referred to in this section
as the ``national milestones'').
(b) National Milestones To End the Opioid Epidemic.--The national
milestones under subsection (a) shall include the following:
(1) The establishment of not fewer than 10 indicators or
metrics to accurately and expediently measure progress in
meeting the goal described in subsection (a)(1), which shall
include--
(A) a reduction in fatal and non-fatal opioid
overdoses;
(B) a reduction in emergency room visits related to
opioid misuse and abuse;
(C) an increase in public and provider education,
including a focus on reducing stigma associated with
opioid use disorder;
(D) an increase in the number of individuals in
sustained recovery from opioid use disorder;
(E) a reduction in the number of co-infections
associated with injection drug use, such as HIV, viral
hepatitis, and endocarditis, and an expanded capacity
to reduce initial infections and enhance access to
treatment;
(F) an increase in the number of providers
prescribing medically assisted treatment for opioid use
disorder in different settings, including primary care,
community health centers, jails, and prisons;
(G) an increase in the number of harm reduction
organizations, including syringe services programs and
naloxone distribution programs;
(H) an increase in the number of individuals
admitted to opioid use disorder treatment; and
(I) additional indicators or metrics, such as
metrics pertaining to specific populations, including
women and children, American Indians and Alaskan
Natives, individuals living in rural and non-urban
areas, and justice-involved populations, that would
further clarify the progress made in addressing the
opioid misuse and abuse epidemic, as the Secretary
determines appropriate.
(2) A reasonable goal, such as a percentage decrease or
other specified metric, that signifies progress in meeting the
goal described in subsection (a), and annual targets to help
achieve that goal.
(c) Extension of Period.--If the Secretary determines that the goal
described in subsection (a) will not be achieved with respect to any
indicator or metric established under subsection (b)(2) within 5 years
of the date of enactment of this Act, the Secretary may extend the
timeline for meeting such goal with respect to that indicator or
metric. The Secretary shall include with any such extension a rationale
for why additional time is needed and a description of changes the
Secretary will make in order to achieve such goal with respect to the
indicator or metric.
(d) Reports.--During the 5-year period described in subsection (a)
or such extended period as the Secretary may determine under subsection
(c), the Secretary shall--
(1) submit to Congress annual reports on the national
milestones; and
(2) make each such report publicly available.
(e) Annual Status Update.--Beginning one year after submission of
the report under subsection (d) and for each year thereafter that a
report is required under such subsection, the Secretary shall provide
an update to Congress on the progress of Federal agencies in achieving
the goals detailed in the national milestones. Each such update shall
include--
(1) the total Federal investment in programs addressing the
opioid epidemic and the amount invested in each program, both
by fiscal year and, for programs created after fiscal year
2015, the total spent since the program's creation;
(2) an evaluation of the most and least effective Federal
programs intended to respond to the opioid crisis;
(3) the progress made in the first year or since the
previous report, as applicable, in meeting each indicator or
metric in the national milestones; and
(4) the Secretary's proposal for meeting each specified
indicator or metric in the proceeding year. | National Milestones to Measure Progress in Ending the Opioid Epidemic Act of 2018 This bill requires the Department of Health and Human Services (HHS) to develop national milestones to measure progress in reducing the opioid epidemic over a five-year period based on certain metrics, such as opioid-related overdoses, emergency room visits, and treatment admissions. HHS must submit annual reports and status updates, including evaluations of federal programs that are intended to address the opioid epidemic. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Audit Reform Act of
2010''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the Director of the Office of
Management and Budget should follow the recommendations of the
Government Accountability Office report entitled ``Single Audit:
Opportunities Exist to Improve the Single Audit Process and Oversight''
(GAO-09-307R), issued March 13, 2009.
SEC. 3. OVERSIGHT OF THE SINGLE AUDIT PROCESS.
(a) Amendment to Single Audit Act.--
(1) In general.--Chapter 75 of title 31, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7508. Oversight and evaluation
``(a) Oversight and Evaluation.--The Director, or the head of the
office or entity designated by the Director under subsection (c), shall
monitor the risk, cost-benefit, efficiency, and effectiveness of the
implementation by Federal agencies of this chapter by--
``(1) evaluating such implementation governmentwide; and
``(2) identifying additional guidance and resources
necessary to improve such implementation, including revisions
to regulations, best practices, and processes.
``(b) Report.--The Director, or the head of the office or entity
designated by the Director under subsection (c), shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committee on Oversight and Government Reform of the House of
Representatives, and the Comptroller General of the United States a
report that includes the findings under subsection (a). The report
shall be submitted not later than September 30 of each year and shall
cover the previous year.
``(c) Designation of Oversight Entity.--The Director of the Office
of Management and Budget shall designate an office in the Office of
Management and Budget or another Federal entity to act on behalf of the
Director under subsection (a) and submit to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of Representatives, and
the Comptroller General of the United States a report that describes
such office or entity and the resources made available to such office
or entity to adequately implement the provisions of this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 75 of title 31, United States Code, is
amended by inserting after the item relating to section 7507
the following new item:
``7508. Oversight and evaluation.''.
(b) Simplified Audit Process.--
(1) Evaluation.--The Director, or the head of the office or
entity designated by the Director under section 7508(c) of
title 31, United States Code, shall evaluate the process for
the single audit and the program-specific audit under chapter
75 of title 31, United States Code, to identify simplified
alternatives for achieving the purposes of the Single Audit Act
of 1984 (Public Law 98-502; 98 Stat. 2327; 31 U.S.C. 7501 note)
and the Single Audit Act Amendments of 1996 (Public Law 104-
156; 110 Stat. 1396; 31 U.S.C. 7501 note) for the audits of
small recipients that also achieve the proper balance between
risk and cost-effective accountability for small and large
recipients.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Director, or the head of the office
or entity designated by the Director under section 7508(c) of
title 31, United States Code, shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, and the Comptroller General of the United
States, a report on the results of the evaluation under
paragraph (1).
(3) Definitions.--In this subsection:
(A) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.
(B) Large recipient.--The term ``large recipient''
means a non-Federal entity that expends a total amount
of Federal awards equal to or in excess of $300,000 or
such other amount specified by the Director under
section 7502(a)(3) of title 31, United States Code, in
any fiscal year.
(C) Non-federal entity.--The term ``non-Federal
entity'' has the meaning given that term under section
7501 of title 31, United States Code.
(D) Small recipient.--The term ``small recipient''
means a non-Federal entity that expends a total amount
of Federal awards of less than $300,000 or such other
amount specified by the Director under section
7502(a)(3) of title 31, United States Code, in any
fiscal year.
(c) Implementation of Recommendations To Improve Audit Quality.--
(1) Evaluation.--The Director of the Office of Management
and Budget shall evaluate the implementation of the
recommendations made to the Office of Management and Budget by
the President's Council on Integrity and Efficiency in the
report entitled ``Report on National Single Audit Sampling
Project,'' dated June 2007.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Director of the Office of Management
and Budget shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, and the Comptroller General of the United
States a report on the results of the evaluation under
paragraph (1).
(d) Deadline for Designation of Oversight Entity.--Not later than
60 days after the date of the enactment of this Act, the Director of
the Office of Management and Budget shall designate an office in the
Office of Management and Budget or another Federal entity under section
7508(c) of title 31, United States Code. | Government Audit Reform Act of 2010 - Expresses the sense of Congress that the Director of the Office of Management and Budget (OMB) should follow the recommendations of the Government Accountability Office (GAO) report entitled "Single Audit: Opportunities Exist to Improve the Single Audit Process and Oversight" (GAO-09-307R), issued March 13, 2009.
Amends the Single Audit Act of 1984 to require the OMB Director (or a designee) to monitor and report annually to specified congressional committees and the Comptroller General on the risk, cost-benefit, efficiency, and effectiveness of the implementation of this Act by federal agencies by: (1) evaluating such implementation governmentwide; and (2) identifying additional guidance and resources necessary to improve such implementation, including revisions to regulations, best practices, and processes.
Requires the OMB Director to designate an OMB office or another federal entity (oversight entity) to act on OMB's behalf in such monitoring and reporting.
Requires the OMB Director (or a designated oversight entity) to evaluate and report to specified congressional committees and the Comptroller General on the process for the single audit and the program-specific audit to identify simplified alternatives for achieving the purposes of the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996 for the audits of small recipients that also achieve the proper balance between risk and cost-effective accountability for small and large recipients.
Requires the OMB Director to evaluate and report to specified congressional committees and the Comptroller General on the implementation of the recommendations made to it by the President's Council on Integrity and Efficiency in the report entitled "Report on National Single Audit Sampling Project," dated June 2007.
Establishes a deadline for OMB to designate such oversight entity. | [
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SECTION 1. RESOURCE STAFF FOR STUDENTS.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et. seq) is amended by adding at the end the following:
``PART L--RESOURCE STAFF FOR STUDENTS
``SEC. 10993. FINDINGS.
``Congress finds the following:
``(1) Although 7,500,000 children under the age of 18
require mental health services, fewer than 1 in 5 of these
children receive the services.
``(2) Across the United States, counseling professionals
have an extremely busy caseload and often students do no get
the help they need. The current national average ratio of
students to counselors in elementary and secondary schools is
513:1.
``(3) Schools in the United States need more mental health
professionals, and the funds needed to hire staff to
specifically serve students.
``(4) The maximum recommended ratio of students-to-
counselors is 250:1.
``(5) Existing counselors are severely taxed to perform
duties that are largely administrative in nature, such as
scheduling. They are burdened with many demands regarding
placement in colleges, texting, career guidance, and the like.
``(6) Student populations are expected to grow
significantly over the next few years. School-based services
for students will be in great demand. With expected large scale
retirements, more than 100,000 new dedicated resource staff for
students will be needed to increase student-to-staff service
availability.
``(7) The Federal support for reducing the student-to-staff
ratio would pay for itself, through reduced violence and
substance abuse, and through improvements in students' academic
achievement.
``SEC. 10994. PURPOSE.
``The purpose of this part is to assist States and local
educational agencies recruit, train, and hire 100,000 school-based
resource staff to specifically work with students--
``(1) to reduce the student-to-counseling ratios
nationally, in grades 6-12, to an average of 1 such staff for
every 250 students as recommended in a report by the Institute
of Medicine of the National Academy of Sciences relating to
schools and health, issued in 1997;
``(2) to help address the mental, emotional, and
developmental needs of public school students; and
``(3) to support other school staff and teachers in
reaching students early before problems arise, conducting
behavioral interventions to improve school discipline, and
developing the awareness and skills to identify early warning
signs of violence and the need for mental health services.
``SEC. 10995. STUDENT RESOURCE STAFF PROGRAM.
``(a) In General.--The Secretary shall award grants under this
section to establish or expand the number of resource staff available
for students' needs.
``(1) Distribution.--In awarding grants under this section,
the Secretary shall allocate funds proportionately based on the
population that is less than 18 years of age in the States.
``(2) Duration.--A grant under this section shall be
awarded for a period not to exceed three years.
``(b) Applications.--
``(1) In general.--Each local educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Contents.--Each application for a grant under this
section shall--
``(A) describe the secondary public school
population to be targeted by the program, the
particular personal, social, emotional, education, and
career development needs of such population, and the
current school counseling resources available for
meeting such needs;
``(B) describe the activities, services, and
training to be provided by the program and the specific
approaches to be used to meet the needs described in
subparagraph (A);
``(C) describe the methods to be used to evaluate
the outcomes and effectiveness of the program;
``(D) document that the applicant has the personnel
qualified to develop, implement, and administer the
program;
``(E) assure that the funds made available under
this part for any fiscal year will be used to
supplement and, to the extent practicable, increase the
level of funds that would otherwise be available from
non-Federal sources for the program described in the
application, and in no case supplant such funds from
non-Federal sources.
``(c) Use of Funds.--Grants funds under this section shall be used
to initiate or expand student resource staff programs that comply with
the purpose under section 10994.
``(d) Definitions.--For purposes of this part the term `resource
staff' means an individual who has documented competence and training
in mental health to be able to provide services to children and
adolescents in a school setting and who--
``(1) possesses State licensure or certification in mental
health granted by an independent professional regulatory
authority;
``(2) in the absence of such State licensure or
certification, possesses national certification in mental
health or in a related specialty granted by an independent
professional organization; or
``(3) holds a minimum of a master's degree in school
counseling from a program accredited by the Council for
Accreditation of Counseling and Related Educational Programs or
the equivalent; or
``(4) possesses a minimum of 60 graduate semester hours in
school psychology from an institution of higher education and
has completed 1,200 clock hours in a supervised school
psychology internship, of which 600 hours shall be in the
school setting, and possesses State licensure or certification
in school psychology in the State in which the individual
works; or
``(5) holds a master's degree in social work and is
licensed or certified by the State in which services are to be
provided or holds a school social work specialist credential.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part $3,500,000,000 for fiscal year
2000; $3,150,000,000 for fiscal year 2001; $2,800,000,000 for fiscal
year 2002; $2,800,000,000 for fiscal year 2003; and $2,800,000,000 for
fiscal year 2004 for the hiring of student resource staff.''. | Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to assist States and local educational agencies (LEAs) to recruit, train, and hire 100,000 school-based resource staff to work with students to: (1) reduce the student-to-counselor ratios nationally, in grades six through 12, to an average of one such staff for every 250 students, as recommended in a 1997 report by the Institute of Medicine of the National Academy of Sciences relating to schools and health; (2) help address the mental, emotional, and developmental needs of public school students; and (3) support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services.
Directs the Secretary of Education to make such grants, for up to three years for each grant, to establish or expand the number of resource staff available for students' needs . Requires such grant funds to be allocated on the basis of relative State population under 18 years of age. Sets forth requirements for LEA grant applications and uses of funds.
Provides that resource staff means an individual who has documented competence and training in mental health to be able to provide services to children and adolescents in a school setting and who has specified types of licensure, certification, or educational qualifications.
Authorizes appropriations for FY 2000 through 2004 for such program. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Financial Assistance
Management Improvement Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) there are over 600 different Federal financial
assistance programs to implement domestic policy;
(2) while the assistance described in paragraph (1) has
been directed at critical problems, some Federal administrative
requirements may be duplicative, burdensome, or conflicting,
thus impeding cost-effective delivery of services at the local
level;
(3) the Nation's State, local, and tribal governments and
private, nonprofit organizations are dealing with increasingly
complex problems which require the delivery and coordination of
many kinds of services; and
(4) streamlining and simplification of Federal financial
assistance administrative procedures and reporting requirements
will improve the delivery of services to the public.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) improve the effectiveness and performance of Federal
financial assistance programs;
(2) simplify Federal financial assistance application and
reporting requirements;
(3) improve the delivery of services to the public; and
(4) facilitate greater coordination among those responsible
for delivering such services.
SEC. 4. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(2) Federal agency.--The term ``Federal agency'' means any
agency as defined under section 551(1) of title 5, United
States Code.
(3) Federal financial assistance.--The term ``Federal
financial assistance'' has the meaning given that term in
section 7501(a)(5) of title 31, United States Code, under which
Federal financial assistance is provided, directly or
indirectly, to a non-Federal entity.
(4) Local government.--The term ``local government'' means
a political subdivision of a State that is a unit of general
local government (as defined under section 7501(a)(11) of title
31, United States Code);
(5) Non-federal entity.--The term ``non-Federal entity''
means a State, local government, or nonprofit organization.
(6) Nonprofit organization.--The term ``nonprofit
organization'' means any corporation, trust, association,
cooperative, or other organization that--
(A) is operated primarily for scientific,
educational, service, charitable, or similar purposes
in the public interest;
(B) is not organized primarily for profit; and
(C) uses net proceeds to maintain, improve, or
expand the operations of the organization.
(7) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands, and any instrumentality
thereof, any multi-State, regional, or interstate entity which
has governmental functions, and any Indian Tribal Government.
(8) Tribal government.--The term ``tribal government''
means an Indian tribe, as that term is defined in section
7501(a)(9) of title 31, United States Code.
(9) Uniform administrative rule.--The term ``uniform
administrative rule'' means a government-wide uniform rule for
any generally applicable requirement established to achieve
national policy objectives that applies to multiple Federal
financial assistance programs across Federal agencies.
SEC. 5. DUTIES OF FEDERAL AGENCIES.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, each Federal agency shall develop and implement
a plan that--
(1) streamlines and simplifies the application,
administrative, and reporting procedures for Federal financial
assistance programs administered by the agency;
(2) demonstrates active participation in the interagency
process under section 6(a)(2);
(3) demonstrates appropriate agency use, or plans for use,
of the common application and reporting system developed under
section 6(a)(1);
(4) designates a lead agency official for carrying out the
responsibilities of the agency under this Act;
(5) allows applicants to electronically apply for, and
report on the use of, funds from the Federal financial
assistance program administered by the agency in a manner not
inconsistent with the Government Paperwork Elimination Act
(title XVII of Public Law 105-277);
(6) ensures recipients of Federal financial assistance
provide timely, complete, and high quality information in
response to Federal reporting requirements; and
(7) establishes specific annual goals and objectives to
further the purposes of this Act and measure annual performance
in achieving those goals and objectives, which may be done as
part of the agency's annual planning responsibilities under the
provisions enacted in the Government Performance and Results
Act of 1993 (Public Law 103-62).
(b) Extension.--If one or more agencies are unable to comply with
the requirements of subsection (a), the Director shall report to the
Committee on Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives the reasons for
noncompliance. After consultation with such committees, the Director
may extend the period for plan development and implementation for each
noncompliant agency for up to 12 months.
(c) Comment and Consultation on Agency Plans.--
(1) Comment.--Each agency shall publish the plan developed
under subsection (a) in the Federal Register and shall receive
public comment of the plan through the Federal Register and
other means (including electronic means). To the maximum extent
practicable, each Federal agency shall hold public forums on
the plan.
(2) Consultation.--The lead official designated under
subsection (a)(4) shall consult with representatives of non-
Federal entities during development and implementation of the
plan. Consultation with representatives of State, local, and
tribal governments shall be in accordance with section 204 of
the Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2
U.S.C. 1534).
(d) Submission of Plan.--Each Federal agency shall submit the plan
developed under subsection (a) to the Director and Congress and report
annually thereafter on the implementation of the plan and performance
of the agency in meeting the goals and objectives specified under
subsection (a)(7). Such report may be included as part of any of the
general management reports required under law.
(e) Department of Housing and Urban Development.--(1) Not later
than 18 months after the date of the enactment of this Act, the
Department of Housing and Urban Development shall develop and implement
a plan that establishes policies and procedures regarding an applicant
who has submitted an application for Federal financial assistance to
the agency that includes a technical deficiency under which--
(A) the applicant shall be notified promptly of the
deficiency and permitted to submit the appropriate information
to correct the deficiency within 7 days of receipt of notice by
the applicant of the deficiency, notwithstanding that the
deadline for submission of an application has expired;
(B) the application shall continue to be considered by the
agency during the period before the applicant is notified and
the 7-day period during which the applicant is permitted to
correct the deficiency; and
(C) if the applicant corrects the deficiency within the 7-
day period, the agency shall continue to consider the
application.
(2) A deficiency (including, but not limited to, a misfiling,
error, or omission) may be considered technical for purposes of this
subsection notwithstanding a material impact on the eligibility of an
applicant or proposed activity for requested funding. A technical
deficiency for purposes of this subsection does not include the failure
to submit a substantially complete application by a deadline published
in the Federal Register.
SEC. 6. DUTIES OF THE DIRECTOR.
(a) In General.--The Director, in consultation with agency heads,
and representatives of non-Federal entities, shall direct, coordinate
and assist Federal agencies in establishing:
(1)(A) a common application or set of common applications,
wherein a non-Federal entity can apply for Federal financial
assistance from multiple Federal financial assistance programs
that serve similar purposes and are administered by different
Federal agencies;
(B) a common system, including electronic processes,
wherein a non-Federal entity can apply for, manage, and report
on the use of funding from multiple Federal financial
assistance programs that serve similar purposes and are
administered by different Federal agencies; and
(C) uniform administrative rules for Federal financial
assistance programs across different Federal agencies.
(2) An interagency process for addressing--
(A) ways to streamline and simplify Federal
financial assistance administrative procedures and
reporting requirements for non-Federal entities;
(B) improved interagency and intergovernmental
coordination of information collection and sharing of
data pertaining to Federal financial assistance
programs, including appropriate information sharing
consistent with the provisions in the Privacy Act of
1974 (Public Law 93-579); and
(C) improvements in the timeliness, completeness,
and quality of information received by Federal agencies
from recipients of Federal financial assistance.
(b) Lead Agency and Working Groups.--The Director may designate a
lead agency to assist the Director in carrying out the responsibilities
under this section. The Director may use interagency working groups to
assist in carrying out such responsibilities.
(c) Review of Plans and Reports.--Agencies shall submit to the
Director, upon his request and for his review, information and other
reporting regarding their implementation of this Act.
(d) Exemptions.--The Director may exempt any Federal agency or
Federal financial assistance program from the requirements of this Act
if the Director determines that the Federal agency does not have a
significant number of Federal financial assistance programs. The
Director shall maintain a list of exempted agencies which will be
available to the public through the Internet site of the Office of
Management and Budget.
(e) Report on Recommended Changes in Law.--Not later than 18 months
after the date of the enactment of this Act, the Director shall submit
to Congress a report containing recommendations for changes in law to
improve the effectiveness and performance of Federal financial
assistance programs.
SEC. 7. EVALUATION.
(a) In General.--The Director (or the lead agency designated under
section 6(b)) shall contract with the National Academy of Public
Administration to evaluate the effectiveness of this Act. Not later
than 4 years after the date of the enactment of this Act, the
evaluation shall be submitted to the lead agency, the Director, and
Congress. The evaluation shall be performed with input from State,
local, and tribal governments, and nonprofit organizations.
(b) Contents.--The evaluation under subsection (a) shall--
(1) assess the effectiveness of this Act in meeting the
purposes of this Act and make specific recommendations to
further the implementation of this Act;
(2) evaluate actual performance of each agency in achieving
the goals and objectives stated in agency plans;
(3) assess the level of coordination among the Director,
Federal agencies, State, local, and tribal governments, and
nonprofit organizations in implementing this Act.
SEC. 8. COLLECTION OF INFORMATION.
Nothing in this Act shall be construed to prevent the Director or
any Federal agency from gathering, or to exempt any recipient of
Federal financial assistance from providing, information that is
required for review of the financial integrity or quality of services
of an activity assisted by a Federal financial assistance program.
SEC. 9. JUDICIAL REVIEW.
There shall be no judicial review of compliance or noncompliance
with any of the provisions of this Act. No provision of this Act shall
be construed to create any right or benefit, substantive or procedural,
enforceable by any administrative or judicial action.
SEC. 10. STATUTORY REQUIREMENTS.
Nothing in this Act shall be construed as a means to deviate from
the statutory requirements relating to applicable Federal financial
assistance programs.
SEC. 11. EFFECTIVE DATE AND SUNSET.
This Act shall take effect on the date of the enactment of this Act
and shall cease to be effective five years after such date of
enactment.
SEC. 12. SENSE OF THE CONGRESS REGARDING FEDERAL FINANCIAL ASSISTANCE.
It is the sense of the Congress that Federal agencies, in providing
Federal financial assistance for the purpose of economic development,
should focus primarily on communities with high poverty and
unemployment rates.
Passed the House of Representatives February 24, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Federal Financial Assistance Management Improvement Act of 1999 - Directs each Federal agency to develop and implement a plan that, among other things, streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency. Requires each agency to publish the plan in the Federal Register, receive public comment, and hold public forums on the plan. Requires the designated lead agency official to consult with the representatives of non-Federal entities during plan development and implementation. Requires each Federal agency to submit the plan developed to the Director of the Office of Management and Budget (OMB) and the Congress and report annually thereafter on plan implementation and agency performance in meeting goals and objectives. Directs the Department of Housing and Urban Development to develop and implement a plan that establishes policies and procedures regarding an applicant who has submitted an application for Federal financial assistance to the agency that includes a technical deficiency under which the applicant: (1) shall be notified of the deficiency and be permitted to submit information to correct the deficiency within seven days; and (2) shall continue to be considered by the agency during such period and after such period if the deficiency is corrected. Requires the Director to direct, coordinate and assist Federal agencies in establishing: (1) a common application or set of common applications wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal programs; (2) a common system wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal programs; (3) uniform administrative rules for Federal financial assistance programs across different agencies; and (4) an interagency process for addressing ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities, ways to improve interagency and intergovernmental coordination of information collection and data sharing pertaining to Federal financial assistance programs, and ways to improve the timeliness, completeness, and quality of information received from financial assistance recipients. Permits the Director to: (1) designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities; and (2) exempt any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. Requires the Director to maintain a list of exempted agencies available to the public through OMB's Internet site. Requires the Director to submit to the Congress a report containing recommendations for changes in law to improve the effectiveness and performance of Federal financial assistance programs. Requires the Director or lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Requires the evaluation to be submitted to the lead agency, the Director, and the Congress. Requires the evaluation to be performed with input from State, local, and tribal governments and nonprofit organizations. Terminates this Act five years after enactment. Expresses the sense of the Congress that Federal agencies, in providing Federal financial assistance for economic development, should focus on communities with high poverty and unemployment rates. | [
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266,
1320,
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7,
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586,
18,
12833,
4,
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36,
534,
238,
5,
19552,
7,
266,
2024,
7,
1148,
6,
2115,
39,
2069,
8,
13,
39,
1551,
6,
335,
8,
97,
1437,
44877,
2624,
5,
586,
6,
2115,
63,
5687,
4,
46233,
1437,
1437,
5,
10437,
7,
28,
2964,
19,
8135,
31
] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Nuclear Fuel Availability
Act''.
SEC. 2. PROGRAM.
(a) Establishment.--The Secretary shall establish and carry out,
through the Office of Nuclear Energy, a program to support the
availability of HA-LEU for domestic commercial use.
(b) Program Elements.--In carrying out the program under subsection
(a), the Secretary--
(1) may provide financial assistance to assist commercial
entities to design and license transportation packages for HA-
LEU, including canisters for metal, gas, and other HA-LEU
compositions;
(2) shall, to the extent practicable--
(A) by January 1, 2021, have commercial entities
submit such transportation package designs to the
Commission for certification by the Commission under
part 71 of title 10, Code of Federal Regulations; and
(B) encourage the Commission to have such
transportation package designs so certified by the
Commission by January 1, 2023;
(3) not later than January 1, 2020, shall submit to
Congress a report on the Department's uranium inventory that
may be available to be processed to HA-LEU for purposes of such
program, which may not include any uranium allocated by the
Secretary for use in support of the atomic energy defense
activities of the National Nuclear Security Administration;
(4) not later than 1 year after the date of enactment of
this Act, and biennially thereafter through September 30, 2025,
shall conduct a survey of stakeholders to estimate the quantity
of HA-LEU necessary for domestic commercial use for each of the
5 subsequent years;
(5) shall assess options available for the Secretary to
acquire HA-LEU for such program, including an assessment, for
each such option, of the cost and amount of time required;
(6) shall establish a consortium, which may include
entities involved in any stage of the nuclear fuel cycle, to
partner with the Department to support the availability of HA-
LEU for domestic commercial use, including by--
(A) providing information to the Secretary for
purposes of surveys conducted under paragraph (4); and
(B) purchasing HA-LEU made available to members of
the consortium by the Secretary under the program;
(7) shall, prior to acquiring HA-LEU under paragraph (8),
in coordination with the consortium established pursuant to
paragraph (6), develop a schedule for cost recovery of HA-LEU
made available to members of the consortium pursuant to
paragraph (8);
(8) may, beginning not later than 3 years after the
establishment of a consortium under paragraph (6), acquire HA-
LEU, in order, to the extent practicable, to make such HA-LEU
available to members of the consortium beginning not later than
January 1, 2025, in amounts that are consistent, to the extent
practicable, with the quantities estimated under the surveys
conducted under paragraph (4); and
(9) shall develop, in consultation with the Commission,
criticality benchmark data to assist the Commission in--
(A) the licensing and regulation of category II
spent nuclear material fuel fabrication and enrichment
facilities under part 70 of title 10, Code of Federal
Regulations; and
(B) certification of transportation packages under
part 71 of title 10, Code of Federal Regulations.
(c) Applicability of USEC Privatization Act.--The requirements of
subparagraphs (A) and (C) of section 3112(d)(2) of the USEC
Privatization Act (42 U.S.C. 2297h-10(d)(2)) shall apply to a sale or
transfer of HA-LEU by the Secretary to a member of the consortium under
this section.
(d) Funding.--
(1) Transportation package design.--
(A) Cost share.--The Secretary shall ensure that
not less than 20 percent of the costs of design and
license activities carried out pursuant to subsection
(b)(1) are paid by a non-Federal entity.
(B) Authorization of appropriations.--There are
authorized to be appropriated to carry out subsection
(b)(1)--
(i) $1,500,000 for fiscal year 2019;
(ii) $1,500,000 for fiscal year 2020; and
(iii) $1,500,000 for fiscal year 2021.
(2) DOE acquisition of ha-leu.--The Secretary may not make
commitments under this section (including cooperative
agreements (used in accordance with section 6305 of title 31,
United States Code), purchase agreements, guarantees, leases,
service contracts, or any other type of commitment) for the
purchase or other acquisition of HA-LEU unless funds are
specifically provided for such purposes in advance in
subsequent appropriations Acts, and only to the extent that the
full extent of anticipated costs stemming from such commitments
is recorded as an obligation up front and in full at the time
it is made.
(3) Other costs.--Except as otherwise provided in this
subsection, in carrying out this section, the Secretary shall
use amounts otherwise authorized to be appropriated to the
Secretary.
(e) Sunset.--The authority of the Secretary to carry out the
program under this section shall expire on September 30, 2033.
SEC. 3. REPORT TO CONGRESS.
Not later than 12 months after the date of enactment of this Act,
the Commission shall submit to Congress a report that includes--
(1) identification of updates to regulations,
certifications, and other regulatory policies that the
Commission determines are necessary in order for HA-LEU to be
commercially available, including--
(A) guidance for material control and
accountability of category II special nuclear material;
(B) certifications relating to transportation
packaging for HA-LEU; and
(C) licensing of enrichment, conversion, and fuel
fabrication facilities for HA-LEU, and associated
physical security plans for such facilities;
(2) a description of such updates; and
(3) a timeline to complete such updates.
SEC. 4. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(2) Department.--The term ``Department'' means Department
of Energy.
(3) HA-LEU.--The term ``HA-LEU'' means high-assay low-
enriched uranium.
(4) High-assay low-enriched uranium.--The term ``high-assay
low-enriched uranium'' means uranium having an assay greater
than 5.0 percent and less than 20.0 percent enrichment of the
uranium-235 isotope.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
Passed the House of Representatives December 11, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Advanced Nuclear Fuel Availability Act This bill directs the Department of Energy to develop and deploy high-assay low-enriched uranium for domestic commercial use and to develop a schedule for recovering costs associated with such development. | [
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1
] |
SECTION 1. INCREASE IN EXPENSING UNDER SECTION 179 FOR GULF OPPORTUNITY
ZONE PROPERTY.
(a) In General.--Section 179 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Increase in Limitation for Gulf Opportunity Zone Property.--
``(1) In general.--For purposes of this section--
``(A) the dollar amount in effect under subsection
(b)(1) for the taxable year shall be increased by the
lesser of--
``(i) $100,000, or
``(ii) the cost of qualified section 179
Gulf Opportunity Zone property placed in
service during the taxable year, and
``(B) the the dollar amount in effect under
subsection (b)(2) for the taxable year shall be
increased by the lesser of--
``(i) $600,000, or
``(ii) the cost of qualified section 179
Gulf Opportunity Zone property placed in
service during the taxable year.
``(2) Qualified section 179 gulf opportunity zone
property.--For purposes of this subsection, the term `qualified
section 179 Gulf Opportunity Zone property' means section 179
property which is qualified Gulf Opportunity Zone property.
``(3) Qualified gulf opportunity zone property.-- For
purposes of this subsection--
``(A) In general.--The term `qualified Gulf
Opportunity Zone property' means property--
``(i) which is described in section
168(k)(2)(A)(i),
``(ii) substantially all of the use of
which is in the Gulf Opportunity Zone and is in
the active conduct of a trade or business by
the taxpayer in such Zone,
``(iii) the original use of which in the
Gulf Opportunity Zone commences with the
taxpayer on or after August 28, 2005,
``(iv) which is acquired by the taxpayer by
purchase (as defined in subsection (d)) on or
after August 28, 2005, but only if no written
binding contract for the acquisition was in
effect before August 28, 2005, and
``(v) which is placed in service by the
taxpayer on or before December 31, 2007.
``(B) Exceptions.--
``(i) Alternative depreciation property.--
Such term shall not include any property
described in section 168(k)(2)(D)(i).
``(ii) Tax-exempt bond-financed property.--
Such term shall not include any property any
portion of which is financed with the proceeds
of any obligation the interest on which is
exempt from tax under section 103.
``(iii) Election out.--If a taxpayer makes
an election under this clause with respect to
any class of property for any taxable year,
this subsection shall not apply to all property
in such class placed in service during such
taxable year.
``(4) Gulf opportunity zone; hurricane katrina disaster
area.--For purposes of this subsection--
``(A) Gulf opportunity zone.--The term `Gulf
Opportunity Zone' means that portion of the Hurricane
Katrina disaster area determined by the President to
warrant individual or individual and public assistance
from the Federal Government under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
by reason of Hurricane Katrina.
``(B) Hurricane katrina disaster area.--The term
`Hurricane Katrina disaster area' means an area with
respect to which a major disaster has been declared by
the President before September 14, 2005, under section
401 of such Act by reason of Hurricane Katrina.
``(5) Coordination with empowerment zones and renewal
communities.--For purposes of sections 1397A and 1400J,
qualified section 179 Gulf Opportunity Zone property shall not
be treated as qualified zone property or qualified renewal
property, unless the taxpayer elects not to take such qualified
section 179 Gulf Opportunity Zone property into account for
purposes of this subsection.
``(6) Recapture.--For purposes of this subsection, rules
similar to the rules under subsection (d)(10) shall apply with
respect to any qualified section 179 Gulf Opportunity Zone
property which ceases to be qualified section 179 Gulf
Opportunity Zone property.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after August 28, 2005. | Amends the Internal Revenue to increase the expensing allowance (i.e., a tax deduction in the current taxable year) for the cost of Gulf Opportunity Zone property placed in service in the Hurricane Katrina disaster area. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Transparent Regulatory
and Environmental Actions in Mining Act of 2015'' or the ``STREAM Act
of 2015''.
SEC. 2. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED
ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL
ASSESSMENTS, AND ECONOMIC ASSESSMENTS.
(a) In General.--Title V of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1251 et seq.) is amended by adding
at the end the following:
``SEC. 530. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND RELATED
ENVIRONMENTAL IMPACT STATEMENTS, ENVIRONMENTAL
ASSESSMENTS, AND ECONOMIC ASSESSMENTS.
``(a) Definitions.--In this section:
``(1) Agency action.--The term `agency action' has the
meaning given the term in section 551 of title 5, United States
Code.
``(2) Background information.--The term `background
information' means--
``(A) a biographical document, including a
curriculum vitae or resume, that details the
exhaustive, professional work history, education, and
any professional memberships of a person; and
``(B) the amount and date of any Federal grants or
contracts received by that person.
``(3) Economic assessment.--The term `economic assessment'
means any assessment prepared by a Federal agency in accordance
with section 6(a)(3)(C) of Executive Order 12866 (5 U.S.C. 601
note; relating to regulatory planning and review).
``(4) Environmental assessment.--The term `environmental
assessment' has the meaning given the term in section 1508.9 of
title 40, Code of Federal Regulations.
``(5) Environmental impact statement.--The term
`environmental impact statement' means any environmental impact
statement or similar analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(6) Publicly available.--The term `publicly available'
means published online on--
``(A) a publicly accessible website that allows the
submission of comments on proposed regulations and
related documents published by the Federal Government;
``(B) a publicly accessible website of the
Secretary; and
``(C) the website of the Federal Register.
``(7) Raw data.--The term `raw data' means any
computational process or quantitative or qualitative data
processed from a source that is relied upon in a scientific
product to support a finding or observation.
``(8) Relied upon.--The term `relied upon' means explicitly
cited or referenced in a rule, environmental impact statement,
environmental assessment, or economic assessment.
``(9) Rule.--The term `rule' has the meaning given the term
in section 551 of title 5, United States Code.
``(10) Scientific method.--The term `scientific method'
means a method of research under which--
``(A) a problem is identified;
``(B) relevant data are gathered;
``(C) a hypothesis is formulated from the data; and
``(D) the hypothesis is empirically tested in a
manner specified by documented protocols and
procedures.
``(11) Scientific product.--The term `scientific product'
means any product that--
``(A) employs the scientific method for
inventorying, monitoring, experimenting, studying,
researching, and modeling purposes; and
``(B) is relied upon by the Secretary in
development of any rule, environmental impact
statement, environmental assessment, or economic
assessment.
``(b) Requirements.--The Secretary shall--
``(1) make publicly available on the date of the
publication of any draft, final, emergency, or supplemental
rule under this Act, or any related environmental impact
statement, environmental assessment, or economic assessment,
each scientific product the Secretary relied upon in developing
the rule, environmental impact statement, environmental
assessment, or economic assessment; and
``(2) for those scientific products receiving Federal
funds, also make publicly available--
``(A) the raw data used for the federally funded
scientific product; and
``(B) background information of the authors of the
scientific study.
``(c) Compliance.--
``(1) In general.--Subject to paragraph (2), failure to
comply with the publication requirements of subsection (b)--
``(A) with respect to draft or supplemental rules,
environmental impact statements, environmental
assessments, or economic assessments shall extend by 1
day the notice and comment period for each day of
noncompliance; or
``(B) with respect to final or emergency rules,
shall delay the effective date of the final rule by 60
days plus an additional day for each day of
noncompliance.
``(2) Withdrawal.--If the Secretary fails to comply with
the publication requirements of subsection (b) for more than
180 days after the date of publication of any rule, or any
related environmental impact statement, environmental
assessment, or economic assessment, under this Act, the
Secretary shall withdraw the rule, environmental impact
statement, environmental assessment, or economic assessment.''.
(b) Conforming Amendment.--The table of contents for the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) is
amended by inserting after the item relating to section 529 the
following:
``Sec. 530. Publication of scientific products for rules and related
environmental impact statements,
environmental assessments, and economic
assessments.''.
SEC. 3. COMPLIANCE WITH OTHER FEDERAL LAWS.
Section 702 of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1292) is amended--
(1) by redesignating subsections (c) and (d) as subsection
(e) and (f), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Compliance With Other Federal Laws.--Nothing in this Act
authorizes the Secretary to take any action by rule, interpretive rule,
policy, regulation, notice, or order that duplicates any action taken
under an Act referred to in subsection (a) (including regulations and
rules).
``(d) Deference to Implementing Agencies and State Authorities.--In
carrying out this Act (including rules, interpretive rules, policies,
regulations, notices, or orders), the Secretary--
``(1) shall defer to the determinations of an agency or
State authority implementing an Act referred to in subsection
(a) with respect to any agency action under the jurisdiction of
the agency or State authority, as applicable; and
``(2) shall not make any determination regarding any agency
action subject to an Act referred to in subsection (a).''. | Supporting Transparent Regulatory and Environmental Actions in Mining Act of 2015 or the STREAM Act of 2015 This bill amends the Surface Mining Control and Reclamation Act of 1977 to direct the Department of the Interior to make publicly available the scientific products used in developing a rule under the Act or any related environmental impact statement, environmental assessment, or economic assessment when the rule or assessment is published. If those scientific products received federal funds, Interior must also make publicly available the data used and the background information of its authors. If Interior does not comply, the notice and comment period for the rules and assessments will be extended by specified periods. A rule or an assessment must be withdrawn if Interior fails to comply for more than 180 days. In carrying out the Act, Interior: (1) may not make any determination regarding certain agency action subject to specified mining and environmental Acts, and (2) shall defer to the determinations of an agency or state authority implementing those Acts with respect to any agency action under the jurisdiction of that agency or state. | [
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] |
SECTION 1. ACCESS TO MENTAL HEALTH CARE OF FAMILIES OF MEMBERS OF THE
NATIONAL GUARD AND RESERVE DURING THEIR MOBILIZATION,
DEPLOYMENT, AND DEMOBILIZATION.
(a) Findings.--Congress makes the following findings:
(1) The members of the National Guard and Reserve have made
extraordinary contributions to Operation Iraqi Freedom and
Operation Enduring Freedom.
(2) The scope and scale of recent mobilizations and
deployments of members of the National Guard and Reserve is
unprecedented in the modern history of the Armed Forces.
(3) The frequency and length of such mobilizations and
deployments has placed significant strain on the family members
of deployed members.
(4) The Department of Defense Task Force on Mental Health
determined that family members of deployed members of the
National Guard and Reserve are more likely to experience mental
health challenges as a result of these mobilizations and
deployments.
(5) The Department of Defense Task Force on Mental Health
also determined that family members of deployed members of the
National Guard and Reserve are less likely to have ready access
to mental health care during periods of deployment.
(6) Family members of members of the National Guard and
Reserve often live far from military installations that are the
primary locations for mental health care provided by the
Department of Defense.
(7) Adequate support for family members of deployed members
of the Armed Forces is critical to maintaining morale, both on
the battlefield and on the home front.
(b) Sense of Congress.--It is the sense of Congress that the
Department of Defense should undertake appropriate actions to ensure
that family members of members of the National Guard and Reserve who
are deployed have full access to mental health care during the periods
of mobilization, deployment, and demobilization of such members of the
National Guard and Reserve.
(c) Initiative To Increase Access to Mental Health Care.--
(1) In general.--The Secretary of Defense shall undertake a
nationwide initiative intended to increase access to mental
health care for family members of members of the National Guard
and Reserve who are mobilized.
(2) Elements.--The initiative shall include the following:
(A) Programs and activities to educate the family
members of members of the National Guard and Reserve
who are mobilized on potential mental health challenges
connected with such mobilization.
(B) Programs and activities to provide such family
members with complete information on all mental health
care resources available to such family members through
the Department of Defense and otherwise.
(C) Requirements for mental health counselors at
military installations in communities with large
numbers of mobilized members of the National Guard and
Reserve to expand the reach of their counseling
activities to include families of such members in such
communities.
(d) Mental Health Care Under TRICARE.--
(1) In general.--Under such regulations as the Secretary of
Defense shall prescribe, reimbursement shall be provided under
the TRICARE program under chapter 55 of title 10, United States
Code, for any mental health care specified in paragraph (3)
that is provided to a family member of a covered member of the
National Guard or Reserve during the period of deployment of
such covered member of the National Guard or Reserve as
described in paragraph (2).
(2) Covered members of the national guard or reserve.--For
purposes of this subsection, a covered member of the National
Guard or Reserve is any member of the National Guard or Reserve
on active duty for more than 30 days for a deployment in
connection with Operation Iraqi Freedom or Operation Enduring
Freedom who, while so on active duty, is covered by the TRICARE
program on a for self and family basis.
(3) Mental health care.--The mental health care specified
in this paragraph is mental health care as follows:
(A) Mental health care otherwise provided to
covered dependents of members of the uniformed services
under the TRICARE program.
(B) Any mental health care and treatment that is
provided at a facility accredited by the Joint
Commission on Accreditation of Healthcare
Organizations.
(C) Any mental health care and treatment that is
provided at a facility accredited by a State-
accrediting institution, including a facility not
otherwise recognized as an authorized provider under
the TRICARE program.
(D) Chemical dependency treatment at any partial
hospital program, substance-abuse disorder
rehabilitation facility, or residential treatment
center accredited by the Joint Commission on
Accreditation of Healthcare Organizations or by a
State-accrediting institution.
(4) Effective date.--This subsection shall take effect on
January 1, 2008.
(e) Reports.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on this section.
(2) Elements.--Each report shall include the following:
(A) A current assessment of the extent to which
family members of members of the National Guard and
Reserve who are deployed have access to, and are
utilizing, mental health care available under this
section.
(B) A current assessment of the quality of mental
health care being provided d to family members of the
National Guard and Reserve who are deployed at State-
accredited treatment centers.
(C) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate in order to further assure full access by
family members of members of the National Guard and
Reserve who are deployed to mental health care during
the mobilization, deployment, and demobilization of
such members of the National Guard and Reserve. | Expresses the sense of Congress that the Department of Defense (DOD) should undertake actions to ensure that family members of National Guard and Reserve personnel who are deployed have full access to mental health care during the periods of mobilization, deployment, and demobilization.
Requires the Secretary of Defense to undertake an initiative to increase access to mental health care, including education concerning mental health challenges and information on available resources, for family members of such personnel who are mobilized.
Requires reimbursement under the TRICARE program for certain mental health care services, including chemical dependency treatment, provided to a family member of a covered Guard or Reserve member during a period of deployment on active duty for more than 30 days in connection with Operation Iraqi Freedom or Operation Enduring Freedom who, while on such duty, is covered by the TRICARE program on a for self and family basis.
Requires regular reports from the Secretary assessing the access and quality of such family mental health care services and recommendations for legislative and administrative action. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caring Family Act of 2003''.
SEC. 2. ADDITIONAL PERSONAL EXEMPTION FOR DEPENDENTS WITH LONG-TERM
CARE NEEDS IN TAXPAYER'S HOME.
(a) In General.--Section 151 of the Internal Revenue Code of 1986
(relating to allowance of deductions for personal exemptions) is
amended by redesignating subsections (d) and (e) as subsections (e) and
(f), respectively, and by inserting after subsection (c) the following
new subsection:
``(d) Additional Exemption for Dependents With Long-Term Care Needs
in Taxpayer's Home.--
``(1) In general.--An exemption of the applicable amount
for each qualified family member of the taxpayer.
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is the amount determined in accordance
with the following table:
``For taxable years beginning The applicable
in calendar year-- applicable amount is--
2003 and 2004................................. $500
2005 and 2006................................. 1,000
2007 and 2008................................. 1,500
2009 and 2010................................. 2,000
2011 and 2012................................. 2,500
2013 and thereafter........................... 0.
``(3) Qualified family member.--For purposes of this
subsection, the term `qualified family member' means, with
respect to any taxable year, any individual--
``(A) who is--
``(i) the spouse of the taxpayer, or
``(ii) a dependent of the taxpayer with
respect to whom the taxpayer is entitled to an
exemption under subsection (c),
``(B) who has attained age 60 before the close of
the taxable year,
``(C) who is an individual with long-term care
needs, and
``(D) who, for more than one-half of the taxable
year, has as such individual's principal place of abode
the home of the taxpayer and is a member of the
taxpayer's household.
``(4) Individuals with long-term care needs.--For purposes
of this subsection, the term `individual with long-term care
needs' means, with respect to any taxable year, an individual
who has been certified during such year by a physician (as
defined in section 1861(r)(1) of the Social Security Act) as
being, for a period of at least 180 consecutive days which
includes the date of the certification--
``(A) an individual who is unable to perform
(without substantial assistance from another
individual) at least 2 activities of daily living (as
defined in section 7702B(c)(2)(B)) due to a loss of
functional capacity, or
``(B) an individual who requires substantial
supervision to protect such individual from threats to
health and safety due to severe cognitive impairment
and is unable to perform, without reminding or cuing
assistance, at least 1 activity of daily living (as so
defined) or to the extent provided in regulations
prescribed by the Secretary (in consultation with the
Secretary of Health and Human Services), is unable to
engage in age appropriate activities.
``(5) Identification requirement.--
``(A) In general.--No exemption shall be allowed
under this subsection to a taxpayer with respect to any
qualified family member unless the taxpayer includes on
the return of tax for the taxable year--
``(i) the name and TIN of such member, and
``(ii) the name and TIN of the physician
certifying such member.
``(B) Exception for due diligence.--In the case of
a failure to provide the information required under
subparagraph (A)(ii), such subparagraph shall not apply
if it is shown that the taxpayer exercised due
diligence in attempting to provide the information so
required.
``(6) Special rules.--Rules similar to the rules of
paragraphs (2), (3), and (4) of section 21(e) shall apply for
purposes of this subsection.''.
(b) Conforming Amendments.--
(1) Section 1(f)(6)(A) of such Code is amended by striking
``151(d)(4)'' and inserting ``151(e)(4)''.
(2) Section 1(f)(6)(B) of such Code, as amended by the
Economic Growth and Tax Relief Reconciliation Act of 2001, is
amended by striking ``151(d)(3)(A)'' and inserting
``151(e)(3)(A)''.
(3) Section 1(f)(6)(B) of such Code, as in effect on the
day before the date of the enactment of the Economic Growth and
Tax Relief Reconciliation Act of 2001, is amended by striking
``151(d)(4)(A)'' and inserting ``151(e)(4)(A)''.
(4) Section 3402(f)(1)(A) of such Code is amended by
striking ``151(d)(2)'' and inserting ``151(e)(2)''.
(5) Section 3402(r)(2)(B) of such Code is amended by
striking ``151(d)'' and inserting ``151(e)''.
(6) Section 6012(a)(1)(D)(ii) of such Code is amended--
(A) by striking ``151(d)'' and inserting
``151(e)'', and
(B) by striking ``151(d)(2)'' and inserting
``151(e)(2)''.
(7) Section 6013(b)(3)(A) of such Code is amended by
striking ``151(d)'' and inserting ``151(e)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Caring Family Act of 2003 - Amends the Internal Revenue Code to allow an additional exemption for dependents, residing with the taxpayer, with long-term care needs who are over the age of 60. | [
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] |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Salton Sea
Reclamation Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SALTON SEA FEASIBILITY STUDY
Sec. 101. Salton Sea Feasibility study authorization.
Sec. 102. Concurrent wildlife resources studies.
Sec. 103. Salton Sea National Wildlife Refuge renamed as Sonny Bono
Salton Sea National Wildlife Refuge.
TITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER
AND NEW RIVER
Sec. 201. Alamo River and New River irrigation drainage water.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Committees'' means the Committee on Resources
and the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Energy and Natural
Resources and the Committee on Environmental and Public Works of
the Senate.
(2) The term ``Salton Sea Authority'' means the Joint Powers
Authority by that name established under the laws of the State of
California by a Joint Power Agreement signed on June 2, 1993.
(3) The term ``Secretary'' means the Secretary of the Interior,
acting through the Bureau of Reclamation.
TITLE I--SALTON SEA FEASIBILITY STUDY
SEC. 101. SALTON SEA FEASIBILITY STUDY AUTHORIZATION.
(a) In General.--No later than January 1, 2000, the Secretary, in
accordance with this section, shall complete all feasibility studies
and cost analyses for the options set forth in subsection (b)(2)(A)
necessary for Congress to fully evaluate such options.
(b) Feasibility Study.--
(1) In general.--
(A) The Secretary shall complete all studies, including,
but not limited to environmental and other reviews, of the
feasibility and benefit-cost of various options that permit the
continued use of the Salton Sea as a reservoir for irrigation
drainage and: (i) reduce and stabilize the overall salinity of
the Salton Sea; (ii) stabilize the surface elevation of the
Salton Sea; (iii) reclaim, in the long term, healthy fish and
wildlife resources and their habitats; and (iv) enhance the
potential for recreational uses and economic development of the
Salton Sea.
(B) Based solely on whatever information is available at
the time of submission of the report, the Secretary shall: (i)
identify any options he deems economically feasible and cost
effective; (ii) identify any additional information necessary
to develop construction specifications; and (iii) submit any
recommendations, along with the results of the study to the
Committees no later than January 1, 2000.
(C)(i) The Secretary shall carry out the feasibility study
in accordance with a memorandum of understanding entered into
by the Secretary, the Salton Sea Authority, and the Governor of
California.
(ii) The memorandum of understanding shall, at a minimum,
establish criteria for evaluation and selection of options
under subparagraph (2)(A), including criteria for determining
benefit and the magnitude and practicability of costs of
construction, operation, and maintenance of each option
evaluated.
(2) Options to be considered.--Options considered in the
feasibility study--
(A) shall consist of, but need not be limited to--
(i) use of impoundments to segregate a portion of the
waters of the Salton Sea in one or more evaporation ponds
located in the Salton Sea basin;
(ii) pumping water out of the Salton Sea;
(iii) augmented flows of water into the Salton Sea;
(iv) a combination of the options referred to in
clauses (i), (ii), and (iii); and
(v) any other economically feasible remediation option
the Secretary considers appropriate and for which
feasibility analyses and cost estimates can be completed by
January 1, 2000;
(B) shall be limited to proven technologies; and
(C) shall not include any option that--
(i) relies on the importation of any new or additional
water from the Colorado River; or
(ii) is inconsistent with the provisions of sub-
section (c).
(3) Assumptions.--In evaluating options, the Secretary shall
apply assumptions regarding water inflows into the Salton Sea Basin
that encourage water conservation, account for transfers of water
out of the Salton Sea Basin, and are based on a maximum likely
reduction in inflows into the Salton Sea Basin which could be
800,000 acre-feet or less per year.
(4) Consideration of costs.--In evaluating the feasibility of
options, the Secretary shall consider the ability of Federal,
tribal, State and local government sources and private sources to
fund capital construction costs and annual operation, maintenance,
energy, and replacement costs and shall set forth the basis for any
cost sharing allocations as well as anticipated repayment, if any,
of Federal contributions.
(c) Relationship to Other Law.--
(1) Reclamation laws.--Activities authorized by this Act shall
not be subject to the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C.
391 et seq.), and Acts amendatory thereof and supplemental thereto.
Amounts expended for those activities shall be considered
nonreimbursable for purposes of those laws and shall not be
considered to be a supplemental or additional benefit for purposes
of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C.
390aa et seq.).
(2) Preservation of rights and obligations with respect to the
colorado river.--This Act shall not be considered to supersede or
otherwise affect any treaty, law, decree, contract, or agreement
governing use of water from the Colorado River. All activities
taken under this Act must be carried out in a manner consistent
with rights and obligations of persons under those treaties, laws,
decrees, contracts, and agreements.
SEC. 102. CONCURRENT WILDLIFE RESOURCES STUDIES.
(a) In General.--The Secretary shall provide for the conduct,
concurrently with the feasibility study under section 101(b), of
studies of hydrology, wildlife pathology, and toxicology relating to
wildlife resources of the Salton Sea by Federal and non-Federal
entities.
(b) Selection of Topics and Management of Studies.--
(1) In general.--The Secretary shall establish a committee to
be known as the ``Salton Sea Research Management Committee''. The
committee shall select the topics of studies under this section and
manage those studies.
(2) Membership.--The committee shall consist of the following
five members:
(A) The Secretary.
(B) The Governor of California.
(C) The Executive Director of the Salton Sea Authority.
(D) The Chairman of the Torres Martinez Desert Cahuilla
Tribal Government.
(E) The Director of the California Water Resources Center.
(c) Coordination.--The Secretary shall require that studies under
this section are coordinated through the Science Subcommittee which
reports to the Salton Sea Research Management Committee. In addition to
the membership provided for by the Science Subcommittee's charter,
representatives shall be invited from the University of California,
Riverside; the University of Redlands; San Diego State University; the
Imperial Valley College; and Los Alamos National Laboratory.
(d) Peer Review.--The Secretary shall require that studies under
this section are subjected to peer review.
(e) Authorization of Appropriations.--For wildlife resources
studies under this section there are authorized to be appropriated to
the Secretary, through accounts within the Fish and Wildlife Service,
exclusively, $5,000,000.
(f) Advisory Committee Act.--The committee, and its activities, are
not subject to the Federal Advisory Commission Act (5 U.S.C. App.).
SEC. 103. SALTON SEA NATIONAL WILDLIFE REFUGE RENAMED AS SONNY BONO
SALTON SEA NATIONAL WILDLIFE REFUGE.
(a) Refuge Renamed.--The Salton Sea National Wildlife Refuge,
located in Imperial County, California, is hereby renamed and shall be
known as the ``Sonny Bono Salton Sea National Wildlife Refuge''.
(b) References.--Any reference in any statute, rule, regulation,
Executive order, publication, map, or paper or other document of the
United States to the Salton Sea National Wildlife Refuge is deemed to
refer to the Sonny Bono Salton Sea National Wildlife Refuge.
TITLE II--EMERGENCY ACTION TO IMPROVE WATER QUALITY IN THE ALAMO RIVER
AND NEW RIVER
SEC. 201. ALAMO RIVER AND NEW RIVER IRRIGATION DRAINAGE WATER.
(a) River Enhancement.--
(1) In general.--The Secretary is authorized and directed to
promptly conduct research and construct river reclamation and
wetlands projects to improve water quality in the Alamo River and
New River, Imperial County, California, by treating water in those
rivers and irrigation drainage water that flows into those rivers.
(2) Acquisitions.--The Secretary may acquire equipment, real
property from willing sellers, and interests in real property
(including site access) from willing sellers as needed to implement
actions under this section if the State of California, a political
subdivision of the State, or Desert Wildlife Unlimited has entered
into an agreement with the Secretary under which the State,
subdivision, or Desert Wildlife Unlimited, respectively, will,
effective 1 year after the date that systems for which the
acquisitions are made are operational and functional--
(A) accept all right, title, and interest in and to the
equipment, property, or interests; and
(B) assume responsibility for operation and maintenance of
the equipment, property, or interests.
(3) Transfer of title.--Not later than 1 year after the date a
system developed under this section is operational and functional,
the Secretary shall transfer all right, title, and interest of the
United States in and to all equipment, property, and interests
acquired for the system in accordance with the applicable agreement
under paragraph (2).
(4) Monitoring and other actions.--The Secretary shall
establish a long-term monitoring program to maximize the
effectiveness of any wetlands developed under this title and may
implement other actions to improve the efficacy of actions
implemented pursuant to this section.
(b) Cooperation.--The Secretary shall implement subsection (a) in
cooperation with Desert Wildlife Unlimited, the Imperial Irrigation
District, California, and other interested persons.
(c) Federal Water Pollution Control.--Water withdrawn solely for
the purpose of a wetlands project to improve water quality under
subsection (a)(1), when returned to the Alamo River or New River, shall
not be required to meet water quality standards under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
(d) Authorization of Appropriations.--For river reclamation and
other irrigation drainage water treatment actions under this section,
there are authorized to be appropriated to the Secretary $3,000,000.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Salton Sea Feasibility Study
Title II: Emergency Action to Improve Water Quality in the
Alamo River and New River
Salton Sea Reclamation Act of 1998 -
Title I: Salton Sea Feasibility Study
- Directs the Secretary of the Interior, by January 1, 2000, to complete all feasibility studies and cost analyses with respect to a feasibility study for the reclamation of the Salton Sea, located in Imperial and Riverside Counties, California, which shall include options for achieving salinity reduction and stabilization, stabilizing surface elevation, restoring fish and wildlife resources, and enhancing recreational use and economic development. Requires a report to specified congressional committees containing proposed options and recommendations. Directs the Secretary to carry out the study under a memorandum of understanding entered into by the Secretary, the Salton Sea Authority, and the Governor of California. Prohibits the inclusion of any option that relies on the importation of any new or additional water from the Colorado River. Preserves all current rights and obligations concerning Colorado River water use.
Directs the Secretary to conduct, concurrently with the feasibility study, studies of hydrology, wildlife pathology, and toxicology relating to wildlife resources of the Salton Sea by Federal and non-Federal sources. Directs the Secretary to establish the Salton Sea Research Management Committee to select and manage such studies. Authorizes appropriations.
Renames the Salton Sea National Wildlife Refuge as the Sonny Bono Salton Sea National Wildlife Refuge.
Title II: Emergency Action to Improve Water Quality in the Alamo River and New River
- Authorizes and directs the Secretary to promptly conduct research and construct river reclamation and wetlands projects to improve water quality in the Alamo and New Rivers in Imperial County, California, by treating water in those rivers and irrigation drainage water that flows into those rivers. Directs the Secretary to establish a long-term monitoring program to maximize the effectiveness of any wetlands developed under this Act. Authorizes appropriations. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle East and North Africa
Transition and Development Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The European Bank for Reconstruction and Development
was created to support the transition of command economies to
market economies following the collapse of communist regimes in
1989.
(2) The Bank is the only international financial
institution that--
(A) has a transition mandate;
(B) includes political aspects to its mandate; and
(C) seeks to assist only those countries that are
committed to, and are applying, the principles of
multiparty democracy, pluralism, and development of
market economics in accordance with Article 1 of the
Agreement Establishing the European Bank for
Reconstruction and Development.
(3) Egypt, which is a current shareholder of the Bank, has
requested that the Bank consider Egypt's candidacy for becoming
a country of activity. Consideration for including Egypt in the
Bank's geographic mandate has been accelerated at the request
of Egypt's interim government.
(4) Other countries from the Middle East and North Africa,
including Tunisia, have requested that the Bank consider their
potential to become countries of activity.
(5) The Bank estimates that approximately $4,000,000,000
per year could be provided for financial investment in new
countries of activity in North Africa from the Bank's existing
financial resources, without the need to call on its
shareholders for additional capital.
(6) The functions of the Bank are consistent with the
critical and rising economic needs of Egypt and the Middle East
and North Africa.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreement establishing the european bank for
reconstruction and development.--The term ``Agreement
Establishing the European Bank for Reconstruction and
Development'' means the Agreement establishing the European
Bank for Reconstruction and Development, done at Paris May 29,
1990, and entered into force March 28, 1991.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Financial Services and the
Committee on Appropriations of the House of
Representatives.
(3) Bank.--The term ``Bank'' means the European Bank for
Reconstruction and Development.
(4) Country of activity.--The term ``country of activity''
means a country in which the Bank provides its resources for
loans or other assistance, including through the use of special
funds.
(5) International financial institution.--The term
``international financial institution'' has the meaning given
that term in section 1701(c)(2) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(2)).
(6) Multilateral development bank.--The term ``multilateral
development bank'' has the meaning given that term in section
1701(c)(4) of the International Financial Institutions Act (22
U.S.C. 262r(c)(4)).
SEC. 4. UNITED STATES POLICY WITH RESPECT TO COUNTRIES LOCATED IN THE
MIDDLE EAST AND NORTH AFRICA.
(a) Policy Declaration.--It is the policy of the United States--
(1) to support a successful and sustainable transition to
democracy in the Middle East and North Africa, including Egypt
and Tunisia, that reflects the legitimate aspirations of the
people in that region for greater political freedom and
economic opportunity; and
(2) to increase economic prosperity in that region through
financial investment and technical assistance and by utilizing
the resources of appropriate multilateral development banks.
(b) Promotion of United States Policy.--The Secretary of the
Treasury should instruct the United States Executive Director of the
European Bank for Reconstruction and Development to use the voice and
vote of the United States to promote the policies described in
subsection (a).
SEC. 5. NEGOTIATING OBJECTIVES WITH RESPECT TO AN AGREEMENT TO EXPAND
THE MANDATE OF THE EUROPEAN BANK FOR RECONSTRUCTION AND
DEVELOPMENT TO COUNTRIES LOCATED IN THE MIDDLE EAST AND
NORTH AFRICA.
(a) In General.--The negotiating objectives of the United States
with respect to an agreement described in subsection (b) should be to
seek--
(1) criteria that are consistent with the criteria
described in section 6(b) for the approval of loans or other
assistance by the Bank for countries that become countries of
activity as a result of the implementation of the agreement;
and
(2) the establishment by the Bank of a credible mechanism
to ensure that countries of activity that are not committed to
the fundamental principles of multiparty democracy, pluralism,
and market economics do not continue to benefit from the
resources of the Bank.
(b) Agreement Described.--An agreement described in this subsection
is an agreement to expand the use of the resources of the Bank for
countries located in the Middle East or North Africa, including through
an amendment to the Agreement Establishing the European Bank for
Reconstruction and Development.
SEC. 6. SUPPORT FOR LOANS AND OTHER ASSISTANCE PROVIDED BY THE BANK TO
COUNTRIES OF ACTIVITY THAT MEET CERTAIN CRITERIA.
(a) In General.--The Secretary of the Treasury should instruct the
United States Executive Director of the Bank to use the voice and vote
of the United States to oppose the approval of a loan or other
assistance from the Bank to a country of activity in the Middle East or
North Africa if the country does not meet the criteria described in
subsection (b).
(b) Criteria Described.--A country of activity meets the criteria
described in this subsection if the government of the country--
(1) requests the Bank to conduct activities in the country;
(2) meets, or is demonstrably committed to meeting, the
criteria set forth in Article 1 of the Agreement Establishing
the European Bank for Reconstruction and Development, including
a commitment to ``the principles of multiparty democracy,
pluralism and market economics'';
(3) demonstrates a commitment to free, fair, and inclusive
elections that meet international standards;
(4) has a public commitment to universally recognized human
rights and freedoms, including freedom of religion,
association, assembly, and expression, and demonstrates a
commitment to respect those rights and freedoms in practice;
and
(5) implements, or is demonstrably committed to
implementing, economic reforms that advance private sector
growth, improve the investment climate, increase transparency,
especially transparency in public finances, and foster job
creation.
(c) Consultations With Congress With Respect to New Countries of
Activity.--Not later than 10 days before a vote of the Board of
Directors or the Board of Governors of the Bank to approve a country
located in the Middle East or in North Africa as a new country of
activity, the Secretary of the Treasury shall--
(1) notify the appropriate congressional committees of the
vote; and
(2) consult with those committees and describe to those
committees how that country meets the criteria established by
the Bank for being a country of activity.
(d) Annual Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until the fifth year
after such date of enactment, the Secretary of the Treasury shall
submit to the appropriate congressional committees a report that
includes the following:
(1) A description of the activities of the Bank in each
country of activity that is located in the Middle East or in
North Africa.
(2) The assessment of the Bank with respect to the ongoing
eligibility of each such country to receive assistance from the
Bank.
(3) A description of how the activities carried out by the
Bank in each such country during the preceding year served to
promote the functions of the Bank, as described in Article 2 of
the Agreement Establishing the European Bank for Reconstruction
and Development.
(4) An assessment of--
(A) the extent to which the activities of the Bank
are complementary to the activities of other
international financial institutions operating in the
Middle East and North Africa; and
(B) the extent of cooperation between the Bank and
those other international financial institutions.
(5) A list of any countries being considered to be new
countries of activity.
SEC. 7. SUPPORT FOR CLEAR STANDARDS FOR GRADUATION OF COUNTRIES OF
ACTIVITY.
The Secretary of the Treasury should instruct the United States
Executive Director of the Bank to use the voice and vote of the United
States to seek the adoption by the Bank of clear standards for the
successful graduation of countries of activity if those countries have
substantially achieved the transition objectives of the Bank.
SEC. 8. AUTHORIZATION FOR THE EUROPEAN BANK FOR RECONSTRUCTION AND
DEVELOPMENT.
(a) Findings.--Congress makes the following findings:
(1) The request by the European Bank for Reconstruction and
Development for subscription of capital is for callable shares
only. Historically, callable shares, while requiring an
authorization of funds, do not require an appropriation.
(2) The International Programs Justification for
Appropriations and Fiscal Year 2012 Budget Request of the
Department of the Treasury for the European Bank for
Reconstruction and Development is $0, stating that ``[t]his
callable capital does not require appropriated funds''.
(b) Authorization.--The European Bank for Reconstruction and
Development Act (section 562(c) of Public Law 101-531; 22 U.S.C. 290l
et seq.) is amended by adding at the end the following:
``(12) Capital increase.--
``(A) Subscription authorized.--
``(i) In general.--The United States
Governor of the Bank may subscribe on behalf of
the United States to not more than 90,044
additional callable shares of capital stock of
the Bank, in accordance with Resolution 128, as
adopted by the Board of Governors of the Bank
at the annual meeting in Zagreb, Croatia, on
May 14, 2010.
``(ii) Condition.--Any subscription by the
United States to additional capital stock of
the Bank shall be effective only to such extent
and in such amounts as are provided for in
advance by appropriations Acts.
``(B) Authorization of appropriations.--In order to
pay for the increase in the United States subscription
to capital stock of the Bank authorized under
subparagraph (A), there are authorized to be
appropriated $1,252,331,952, without fiscal year
limitation, for payment by the Secretary of the
Treasury.''.
SEC. 9. STATUS OF COUNTRIES AS CANDIDATE COUNTRIES UNDER THE MILLENNIUM
CHALLENGE ACT OF 2003.
Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C.
7705) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by amending the paragraph heading to
read as follows:
``(1) In general.--'';
(ii) in the matter preceding subparagraph
(A), by striking ``fiscal year 2004'' and
inserting ``any fiscal year'';
(iii) by amending subparagraph (A) to read
as follows:
``(A) the country--
``(i) has a per capita income that is not
greater than the World Bank's lower middle
income country threshold for such fiscal year;
and
``(ii) is among the 75 lowest per capita
income countries, as identified by the World
Bank; and''; and
(iv) in subparagraph (B), by striking
``subject to paragraph (3)'' and inserting
``subject to paragraph (2)'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2);
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``for fiscal year 2006 or a
subsequent fiscal year'' and inserting ``for
any fiscal year''; and
(ii) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) has a per capita income that is not greater
than the World Bank's lower middle income country
threshold for such fiscal year;
``(B) is not among the 75 lowest per capita income
countries as identified by the World Bank; and
``(C) meets the requirements under subsection
(a)(1)(B).''; and
(B) in paragraph (2)--
(i) by striking ``for fiscal year 2006 or
any subsequent fiscal year'' and inserting
``for any fiscal year''; and
(ii) by striking ``for fiscal year 2006 or
the subsequent fiscal year, as the case may
be'' and inserting ``for such fiscal year'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c) Maintaining Candidate Status.--Beginning in fiscal year 2012,
a country the per capita income of which changes during a fiscal year
so that the country no longer meets the requirements for being a
candidate country under subsection (a)(1) or (b)(1) shall,
notwithstanding that change in per capita income, continue to be
eligible to be a candidate country under subsection (a)(1) or (b)(1)
(as the case may be) during that fiscal year and the 3 fiscal years
thereafter to the same extent and in the same manner as if the per
capita income of the country had not changed.''. | Middle East and North Africa Transition and Development Act - States that it is U.S. policy to: (1) support a democratic transition in the Middle East and North Africa, including Egypt and Tunisia; and (2) increase economic prosperity in that region through financial investment and technical assistance and by utilizing the resources of appropriate multilateral development banks.
States that U.S. negotiating objectives to expand the European Bank for Reconstruction and Development's (Bank) resources for countries in the Middle East or North Africa should be to seek: (1) specified lending criteria for loans or other Bank assistance for countries of activity (countries provided with Bank resources for loans or other assistance), and (2) establishment of a Bank mechanism to ensure that countries of activity not committed to multiparty democracy and market economics do not benefit from Bank resources.
Urges the Secretary of the Treasury to use U.S. influence to: (1) oppose the approval of a loan or other Bank assistance to a country of activity in the Middle East or North Africa that does not meet specified criteria, and (2) seek the Bank's adoption of clear standards for the graduation of countries of activity that have substantially achieved required transition objectives.
Amends the European Bank for Reconstruction and Development Act to authorize the U.S. Governor of the Bank to subscribe to additional shares of Bank stock. Authorizes appropriations for such purpose.
Amends the Millennium Challenge Act of 2003 to: (1) revise candidate country criteria, and (2) permit a country that no longer meets the requirements for being a candidate country because of per capita income changes in a fiscal year to maintain such candidate status during such fiscal year and the next three fiscal years. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Integrity Act of 2016''.
SEC. 2. PUBLICATION OF INFORMATION RELATING TO PENDING REGULATORY
ACTIONS.
(a) Amendment.--Chapter 3 of title 5, United States Code, is
amended by inserting after section 306 the following new section:
``Sec. 307. Information regarding pending agency regulatory action
``(a) Definitions.--In this section:
``(1) Agency regulatory action.--The term `agency
regulatory action' means guidance, policy statement, directive,
rule making, or adjudication issued by an Executive agency.
``(2) Aggrandizement.--The term `aggrandizement' means--
``(A) any communication emphasizing the importance
of the Executive agency or agency regulatory action
that does not have the clear purpose of informing the
public of the substance or status of the Executive
agency or agency regulatory action; or
``(B) any communication that is puffery.
``(3) Public communication.--The term `public
communication'--
``(A) means any method (including written, oral, or
electronic) of disseminating information to the public,
including an agency statement (written or verbal),
blog, video, audio recording, or other social media
message; and
``(B) does not include a notice published in the
Federal Register pursuant to section 553 or any
requirement to publish pursuant to this section.
``(4) Rule making.--The term `rule making' has the meaning
given that term under section 551.
``(b) Information To Be Posted Online.--
``(1) Requirement.--The head of each Executive agency shall
make publicly available in a searchable format in a prominent
location either on the website of the Executive agency or in
the rule making docket on Regulations.gov the following
information:
``(A) Pending agency regulatory action.--A list of
each pending agency regulatory action and with regard
to each such action--
``(i) the date on which the Executive
agency first began to develop or consider the
agency regulatory action;
``(ii) the status of the agency regulatory
action;
``(iii) an estimate of the date of upon
which the agency regulatory action will be
final and in effect;
``(iv) a brief description of the agency
regulatory action;
``(v) if applicable, a list of agency
regulatory actions issued by the Executive
agency, or any other Executive agency, that
duplicate or overlap with the agency regulatory
action; and
``(vi) if a regulatory impact analysis or
similar cost-benefit analysis has been
conducted, the findings of such analysis,
including any data or formula used for purposes
of such analysis.
``(B) Public communication.--For each pending
agency regulatory action, a list of each public
communication about the pending agency regulatory
action issued by the Executive agency and with regard
to each such communication--
``(i) the date of the communication;
``(ii) the intended audience of the
communication;
``(iii) the method of communication; and
``(iv) a copy of the original
communication.
``(2) Period.--The head of each Executive agency shall
publish the information required under paragraph (1)(A) not
later than 24 hours after a public communication relating to a
pending agency regulatory action is issued and shall maintain
the public availability of such information not less than 5
years after the date on which the pending agency regulatory
action is finalized.
``(c) Requirements for Public Communications.--Any public
communication issued by an Executive agency that refers to a pending
agency regulatory action--
``(1) shall specify whether the Executive agency is
considering alternatives, including alternatives that may
conflict with the intent, objective, or methodology of such
agency regulatory action;
``(2) shall specify whether the Executive agency is
accepting or will be accepting comments;
``(3) shall expressly disclose that the Executive agency is
the source of the information to the intended recipients; and
``(4) may not--
``(A) solicit support for or promote the pending
agency regulatory action;
``(B) be sent through the private email account of
an officer or employee of the Executive agency; or
``(C) include statements of aggrandizement for the
Executive agency, any Federal employee, or the pending
agency regulatory action.
``(d) Reporting.--
``(1) In general.--Not later than January 15 of each year,
the head of an Executive agency that communicated about a
pending agency regulatory action during the previous fiscal
year shall submit to each committee of Congress with
jurisdiction over the activities of the Executive agency a
report indicating--
``(A) the number pending agency regulatory actions
the Executive agency issued public communications about
during that fiscal year;
``(B) the average number of public communications
issued by the Executive agency for each pending agency
regulatory action during that fiscal year;
``(C) the 5 pending agency regulatory actions with
the highest number of public communications issued by
the Executive agency in that fiscal year; and
``(D) a copy of each public communication for the
pending agency regulatory actions identified in
subparagraph (C).
``(2) Availability of reports.--The head of an Executive
agency that is required to submit a report under paragraph (1)
shall make the report publicly available in a searchable format
in a prominent location on the website of the Executive
agency.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 3 of title 5, United States
Code, is amended by adding after the item relating to section 306 the
following new item:
``307. Information regarding pending agency regulatory action.''.
Passed the House of Representatives September 14, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Regulatory Integrity Act of 2016 (Sec. 2) This bill directs each executive agency to make publicly available on the agency website or in the rule making docket on Regulations.gov a list of pending agency regulatory actions and for each such action: the date the agency began to develop or consider the action, its status, an estimate of the date it will be final and in effect, and a brief description of such action; a list of any duplicative or overlapping regulatory actions issued by the same or any other agency; if a regulatory impact analysis has been conducted, the findings of such analysis, including any data or formula used for purposes of such analysis; and a list of each public communication about the action issued by the agency, including the date of the communication, its intended audience, the method of communication, and a copy of the original communication. Each agency shall publish the information required within 24 hours after such communication is issued and maintain the public availability of such information for at least 5 years after the action is finalized. Any public communication issued by an agency that refers to a pending agency regulatory action: shall specify whether the agency is considering alternatives and accepting comments; shall expressly disclose that the agency is the source of the information to the intended recipients; and may not solicit support for or promote the action, be sent through the private email account of an agency officer or employee, or include statements of aggrandizement for the agency, any federal employee, or the action. An agency that communicated about a pending agency regulatory action during the previous fiscal year shall submit to each congressional committee with jurisdiction over the agency's activities, by January 15 of each year, a report indicating: the number of pending agency regulatory actions the agency issued public communications about during that fiscal year, the average number of public communications issued by the agency for each such action, and the five pending actions with the highest number of public communications issued by the agency in that fiscal year and a copy of each such communication. The report shall be made publicly available on the agency's website. | [
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] |
SECTION 1. SHORT TITLE, REFERENCE.
(a) Short Title.--This Act may be cited as the ``Public Health
Pesticides Protection Act of 1993''.
(b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Federal Insecticide, Fungicide, and Rodenticide
Act.
SEC. 2. DEFINITIONS.
(a) Adverse Effects.--Section 2(bb) (7 U.S.C. 136(bb)) is amended
by adding at the end the following: ``The Administrator shall consider
the risks and benefits of public health pesticides separate from the
risks and benefits of other pesticides. In weighing any regulatory
action concerning a public health pesticide under this Act, the
Administrator shall weigh any risks of the pesticide against the health
risks such as the diseases transmitted by the vector to be controlled
by the pesticide.''.
(b) New Definitions.--Section 2 (7 U.S.C. 136) is amended by adding
at the end the following:
``(hh) Minor Use.--The term `minor use' means the total anticipated
small volume use of any pesticide product against a particular pest or
group of pests which, by itself, would not economically justify a full,
separate pesticide registration. Wherever a minor use is designated in
this Act for agricultural crop production or agricultural uses, such
term includes any use intended to protect the public from insects or
other pests or the diseases which such pests may transmit to man or
domestic animals.
``(ii) Public Health Pesticide.--The term `public health pesticide'
means any minor use pesticide product registered for use and used
predominantly in public health programs for vector control or for other
recognized health protection uses, including the prevention or
mitigation of viruses, bacteria, or other microorganisms (other than
viruses, bacteria, or other microorganisms on or in living man or other
living animal) that pose a threat to public health.
``(jj) Vector.--The term `vector' means any animal capable of
transmitting the causative agent of human disease or capable of
producing human discomfort or injury, including mosquitoes, flies,
fleas, cockroaches, or other insects and ticks, mites, or rats.''.
SEC. 3. REGISTRATION.
Section 3(c)(2)(A) (7 U.S.C 136a(c)(2)(A)) is amended--
(1) by inserting after ``pattern of use,'' the following:
``the public health and agricultural need for such minor
use,'', and
(2) by striking out ``potential exposure of man and the
environment to the pesticide'' and inserting in lieu thereof
``potential beneficial or adverse effects on man and the
environment''.
SEC. 4. REREGISTRATION.
Section 4 (7 U.S.C. 136a-1) is amended--
(1) in subsection (i)(4), by redesignating subparagraphs
(B) and (C) as subparagraphs (C) and (D), respectively and by
adding after subparagraph (A) the following:
``(B) Any pesticide defined as a public health
pesticide of which more than 50 percent of its usage is
devoted to the promotion of public health shall be
exempt from fees prescribed by paragraph (3).''.
(2) in subsection (i)(5), by redesignating subparagraphs
(F) and (G) as subparagraphs (G) and (H), respectively, and by
adding after subparagraph (E) the following:
``(F) An end use product that is registered for a
public health pesticide of which at least 50 percent of
its usage is devoted to the promotion of public health
shall be exempt from the fees prescribed by this
paragraph.''.
(3) in subsection (i)(7)(B), by striking out ``or to
determine'' and inserting in lieu thereof ``, to determine''
and by inserting before the period the following: ``, or to
determine the volume usage for public health pesticides''.
(4) in subsection (k)(3)(A), by striking out ``or'' at the
end of clause (i), by striking the period at the end of clause
(ii) and inserting in lieu thereof ``; or'', and by inserting
after clause (ii) the following:
``(iii) proposes the initial or amended
registration of an end use pesticide that, if
registered as proposed, would be used for a
public health pesticide.''.
SEC. 5. CANCELLATION.
Section 6(b) is amended by striking out ``or'' at the end of
paragraph (1), by striking out the period at the end of paragraph (2)
and inserting in lieu thereof ``; or'', and by adding after paragraph
(2) the following:
``(3) if a pesticide is registered or proposed for
registration for public health uses, to send the notice
specified in this subsection to the Secretary of Health and
Human Services for review.
The Secretary of Health and Human Services shall comment under
paragraph (3) in accordance with the procedures followed and subject to
the same conditions as comments by the Secretary of Agriculture in the
case of agricultural pesticides.''.
SEC. 6. VIEWS.
Section 21 (7 U.S.C. 136s) is amended by redesignating subsections
(b) and (c) as subsections (c) and (d), respectively, and by adding
after subsection (a) the following:
``(b) Secretary of Health and Human Services.--The Administrator,
before publishing regulations under this Act for any public health
pesticide, shall solicit the views of the Secretary of Health and Human
Services in the same manner as the views of the Secretary of
Agriculture are solicited under section 25(a).''.
SEC. 7. AUTHORITY OF ADMINISTRATOR.
Section 25(a)(1) (7 U.S.C 136w(a)(1)) is amended--
(1) by inserting after ``various classes of pesticides''
the following: ``, including public health pesticides,'', and
(2) by striking out ``and nonagricultural pesticides'' and
inserting in lieu thereof ``, nonagricultural, and public
health pesticides''.
SEC. 8. IDENTIFICATION OF PESTS.
Section 28 (7 U.S.C. 136w-3) is amended by adding at the end the
following:
``(d) Public Health Pests.--The Administrator, in coordination with
the Secretary of Health and Human Services, shall identify pests of
significant public health importance and, in coordination with the
Public Health Service, develop and implement programs to improve and
facilitate the safe and necessary use of chemical, biological, and
other methods to combat and control such pests of public health
importance.''.
SEC. 9. PUBLIC HEALTH PESTICIDES.
The Federal Insecticide, Fungicide, and Rodenticide Act is amended
by adding at the end the following:
``SEC. 32. PUBLIC HEALTH PESTICIDES.
``The Administrator, in conjunction with the Secretary of Health
and Human Services, shall submit an annual report to the Congress by
March 1 of each year describing the uses of public health pesticides to
promote human health protection in the United States. The report shall
include
``(1) an analysis of vector control practices,
``(2) an analysis of the approximately 50 diseases which
are associated with arthropods or other vectors, including a
consideration of the impact of vector control on the incidence
of such diseases,
``(3) an analysis of the role of IPM in vector control and
how agricultural IPM practices impact public health vector
control, and
``(4) an analysis of public health pesticides, including
the benefits of vectored disease prevention and a comparison of
such benefits to the relative risks of the use of public health
pesticides and the risks of vectored diseases.''. | Public Health Pesticides Protection Act of 1993 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency to consider the risks and benefits of public health pesticides separately from the risks and benefits of other pesticides. Requires the Administrator, in weighing any regulatory action concerning a public health pesticide, to weigh any risks of the pesticide against the health risks to be controlled by the pesticide.
Defines: (1) a "public health pesticide" as a minor use pesticide registered for use and used predominantly in public health programs for vector control or other health protection uses; and (2) "vector" as any animal capable of transmitting the causative agent of human disease or of producing human discomfort or injury.
Exempts from reregistration fees public health pesticides of which more than 50 percent of usage (or at least 50 percent in the case of certain end use products) is devoted to the promotion of public health.
Provides for expedited processing and review of pesticide applications that propose the initial or amended registration of an end use pesticide that, if registered as proposed, would be used as a public health pesticide.
Provides for review by the Secretary of Health and Human Services of registrations of public health pesticides proposed for cancellation.
Directs the Administrator to identify pests of significant public health importance and to implement programs to improve and facilitate the safe use of methods to combat such pests. | [
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] |
SECTION 1. SENSE OF THE SENATE ON NEED FOR COMPREHENSIVE DIPLOMATIC
OFFENSIVE TO HELP BROKER NATIONAL RECONCILIATION EFFORTS
IN IRAQ.
(a) Findings.--The Senate makes the following findings:
(1) The men and women of the United States Armed Forces
have performed with honor and distinction in executing
Operation Iraqi Freedom and deserve the gratitude of the
American people.
(2) General David H. Petraeus, Commander of the
Multinational Force-Iraq, stated on March 8, 2007, ``There is
no military solution to a problem like that in Iraq.''.
(3) President George W. Bush reiterated on July 12, 2007,
that the United States troop surge implemented in 2007 ``seeks
to open space for Iraq's political leaders to advance the
difficult process of national reconciliation, which is
essential to lasting security and stability''.
(4) Greater involvement and diplomatic engagement by Iraq's
neighbors and key international actors can help facilitate the
national political reconciliation so essential to sustainable
success in Iraq.
(5) The United States troop surge carried out in 2007 has
not, as of yet, been matched by a comparable diplomatic surge
designed to ensure that Iraqi national leaders carry through on
the process of national reconciliation.
(6) The final report of the Iraq Study Group, released in
December 2006, declared, ``The United States must build a new
international consensus for stability in Iraq and the region.
In order to foster such consensus, the United States should
embark on a robust diplomatic effort to establish an
international support structure intended to stabilize Iraq and
ease tensions in other countries in the region. This support
structure should include every country that has an interest in
averting a chaotic Iraq, including all of Iraq's neighbors.''.
(7) On August 10, 2007, the United Nations Security Council
voted unanimously to expand the mandate of its mission in Iraq
to assist the national government with political
reconciliation, bring together Iraq's neighbors to discuss
border security and energy access, and facilitate much needed
humanitarian assistance.
(8) The United States Ambassador to Iraq, the Honorable
Ryan C. Crocker, asserted on September 11, 2007, in testimony
before the Committee on Foreign Relations of the Senate, ``With
respect, again, to [Iraq's] neighbors and others, that is
exactly our intent to have a more intensive, positive, more
regulated engagement between Iraq and its neighbors. . . . The
United Nations is now positioned to play a more active and
involved role.''.
(9) General Petraeus said on September 11, 2007, in
response to a question on the need for greater civilian
activity in Iraq, ``I agree with the chairman of the Joint
Chiefs of Staff who has said repeatedly that certain elements
of our government are at war, DoD, State, AID, but not all of
the others. . . . We can use help in those areas. Some of the
areas are quite thin, agriculture, health, and some others.''.
(10) The United States troop surge carried out in 2007 has
not, as of yet, been matched by a comparable civilian surge
designed to help the Government of Iraq strengthen its
capabilities in providing essential government services.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the United States Government should take the lead in
organizing a comprehensive diplomatic offensive, consisting of
bilateral, regional, and international initiatives, to assist
the Government of Iraq in achieving national reconciliation and
successfully meeting key security, political, and economic
benchmarks;
(2) it is in the interest of the United States and the
people of Iraq that Iraq is not seen as a uniquely ``American''
problem, but rather as of enduring importance to the security
and prosperity of its neighbors, the entire Middle East region,
and the broader international community;
(3) the greater involvement in a constructive fashion of
Iraq's neighbors, whether through a regional conference or
another mechanism, can help stabilize Iraq and end the outside
flows of weapons, explosive materials, foreign fighters, and
funding that contribute to the current sectarian warfare in
Iraq;
(4) the President and the Secretary of State should invest
their personal time and energy in these diplomatic efforts to
ensure that they receive the highest priority within the United
States Government and are viewed as a serious effort in the
region and elsewhere;
(5) the President, in order to demonstrate that a regional
diplomacy strategy enjoys attention at the highest levels of
the United States Government, should appoint a seasoned, high-
level Presidential envoy to the Middle East region to
supplement the efforts of Ambassador Crocker and focus on the
establishment of a regional framework to help stabilize Iraq;
(6) the United States Government should build upon
tentative progress achieved by the International Compact for
Iraq and the Iraq Neighbors Conference to serve as the basis
for a more intensive and sustained effort to construct an
effective regional mechanism;
(7) the President should direct the United States Permanent
Representative to the United Nations to use the voice and vote
of the United States at the United Nations to seek the
appointment of an international mediator in Iraq, under the
auspices of the United Nations Security Council, to engage
political, religious, ethnic, and tribal leaders in Iraq to
foster national reconciliation efforts;
(8) the United States Government should begin planning for
a wide-ranging dialogue on the mandate governing international
support for Iraq when the current United Nations mandate
authorizing the United States-led coalition expires at the end
of 2007;
(9) the United States Government should more directly press
Iraq's neighbors to open fully operating embassies in Baghdad
and establish inclusive diplomatic relations with the
Government of Iraq to help ensure the Government is viewed as
legitimate throughout the region;
(10) the United States Government should strongly urge the
governments of those countries that have previously pledged
debt forgiveness and economic assistance to the Government of
Iraq to fully carry through on their commitments on an
expedited basis;
(11) a key objective of any diplomatic offensive should be
to ameliorate the suffering and deprivation of Iraqi refugees,
both those displaced internally and those who have fled to
neighboring countries, through coordinated humanitarian
assistance and the development of a regional framework to
establish long-term solutions to the future of displaced Iraqi
citizens;
(12) the United States Government should reallocate
diplomats and Department of State funds as required to ensure
that any comprehensive diplomatic offensive to stabilize Iraq
on an urgent basis has the needed resources to succeed; and
(13) the United States Government should reallocate
civilian expertise to help governmental entities in Iraq
strengthen their ability to provide essential government
services to the people of Iraq. | Expresses the sense of the Senate on the need for a comprehensive diplomatic offensive to help broker national reconciliation efforts in Iraq and lay the foundation for the eventual redeployment of U.S. combat forces. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Counseling in Shelters Act of
2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Nearly \1/3\ of American women report being physically
or sexually abused by a husband or boyfriend at some point in
their lives.
(2) Fifty-six percent of women who experience any partner
violence are diagnosed with a psychiatric disorder. Twenty-nine
percent of all women who attempt suicide were battered, 37
percent of battered women have symptoms of depression, 46
percent have symptoms of anxiety disorder, and 45 percent
experience post-traumatic stress disorder.
(3) Children who witness domestic violence are more likely
to exhibit behavioral and physical health problems including
depression, anxiety, and violence toward peers. They are also
more likely to attempt suicide, abuse drugs and alcohol, run
away from home, engage in teenage prostitution, and commit
sexual assault crimes.
(4) Each year, at least 6 percent of all pregnant women,
equal to about 240,000 pregnant women, are battered by the men
in their lives.
(5) Complications of pregnancy, including low weight gain,
anemia, and first and second trimester bleeding are
significantly higher for abused women, as are maternal rates of
depression, suicide attempts, tobacco, alcohol, and illicit
drug use.
(6) A major domestic violence program in St. Petersburg,
Florida, reports that 70 percent of the families that come to
their shelter have substance abuse in their family--either the
woman, her children, or her batterer. One study of a low-income
Chicago neighborhood found that 42 percent of women
experiencing severe abuse in the past 12 months reported
depression.
SEC. 3. SHELTER GRANTS.
(a) Grants Authorized.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary''), acting
through the Assistant Secretary for the Administration on
Children, Youth, and Families, shall make grants to eligible
entities for the purpose of providing on site mental health and
substance abuse counseling and referral services.
(2) Eligible entity defined.--In this section the term
``eligible entity'' means a public or nonprofit private
domestic or sexual violence program or other community-based
entity including an Indian tribe or tribal organization that
primarily serves victims of domestic violence.
(3) Duration of awards.--The Secretary shall award grants
under this section for a period not to exceed 5 years. Such
grants may be renewed.
(b) Use of Funds.--An entity awarded a grant pursuant to subsection
(a) shall--
(1) hire licensed professionals to provide on site mental
health and substance abuse counseling to women and children who
have been subjected to domestic or sexual violence;
(2) hire dedicated staff qualified to coordinate the mental
health and substance abuse services for victims of domestic and
sexual violence and their children including linking them with
more comprehensive treatment programs in their local
communities; and
(3) provide training in the dynamics of domestic violence
and sexual assault, including safety risk, potential lethality,
and appropriate interventions, to those mental health and
substance abuse professionals hired to provide services to
these women and their children.
(c) Application.--
(1) In general.--Each eligible entity that desires to
receive a grant under this section shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall contain a plan for the rigorous evaluation
of the activities funded under this section, including process
and outcome evaluation, and the submission of an evaluation at
the end of the project period.
(d) Grantmaking Considerations.-- The Secretary, in awarding grants
under this section shall--
(1) ensure that such grants are distributed equitably among
the regions of the country and among urban and rural areas; and
(2) give preference to applicants with strong ties to
minority communities and those that demonstrate high levels of
cultural competence.
(e) Technical Assistance.--The Secretary, acting through the
Assistant Secretary for the Administration on Children, Youth, and
Families, shall provide technical assistance to grant recipients with
respect to the implementation of programs to provide on site mental
health and substance abuse counseling and referral services.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for fiscal year
2003, and such sums as may be necessary for succeeding fiscal years. | Counseling in Shelters Act of 2002 - Directs the Secretary of Health and Human Services, acting through the Assistant Secretary for the Administration on Children, Youth, and Families, to make grants for up to five years to eligible community-based entities to provide on-site mental health and substance abuse counseling and referral services for victims of domestic or sexual violence. Permits grant funds to be used for hiring professionals and staff and providing training in the dynamics of domestic violence and sexual assault.Requires the Secretary, in awarding such grants, to: (1) ensure equitable geographic and urban/rural distribution; (2) give preference to entities with high levels of cultural competence and strong ties to minority communities; and (3) provide technical assistance. | [
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] |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Scotchman Peaks
Wilderness Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Scotchman Peaks Wilderness.
Sec. 4. Administration.
Sec. 5. Fire.
Sec. 6. Adjacent management.
Sec. 7. Indian tribes.
Sec. 8. Effect.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Wilderness area.--The term ``wilderness area'' means
the area designated as a component of the National Wilderness
Preservation System by section 3(a).
SEC. 3. SCOTCHMAN PEAKS WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), certain National Forest System land in the State of
Idaho comprising approximately 13,961 acres, as generally depicted on
the map entitled ``Final Map Scotchman Peaks Wilderness'' and dated
June 20, 2016, is designated as wilderness and as a component of the
National Wilderness Preservation System and shall be known as the
``Scotchman Peaks Wilderness''.
(b) Map and Legal Description.--As soon as practicable after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a map
and legal description for the wilderness area.
(c) Effect.--The map and legal description submitted under
subsection (b) shall have the same force and effect as if included in
this Act, except that the Secretary may correct minor errors in the map
or legal description.
(d) Availability.--The map and legal description submitted under
subsection (b) shall be available for public inspection in the
appropriate offices of the Forest Service.
SEC. 4. ADMINISTRATION.
(a) In General.--Subject to valid existing rights, the wilderness
area shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in
that Act to the effective date shall be considered to be a reference to
the date of enactment of this Act.
(b) Withdrawal.--Subject to valid existing rights, the wilderness
area is withdrawn from all forms of--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
(c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State of Idaho with respect to fish and wildlife on
public land in the State.
(d) Management Activities.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the
Secretary may carry out management activities to maintain or restore
fish and wildlife populations and habitats to support fish and wildlife
populations within the wilderness area if the management activities--
(1) are consistent with relevant wilderness management
plans;
(2) are conducted in accordance with appropriate policies,
such as the policies established in Appendix B of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(House Report 101-405), including the occasional and temporary
use of motorized vehicles; and
(3) as determined by the Secretary, would--
(A) promote healthy, viable, and more naturally
distributed wildlife populations that would enhance
wilderness values; and
(B) accomplish the purpose of the management
activity with the minimum impact necessary.
SEC. 5. FIRE.
In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)), the Secretary may take such measures within the wilderness
area as the Secretary determines to be necessary for the control of
fire, insects, and disease.
SEC. 6. ADJACENT MANAGEMENT.
(a) In General.--Nothing in this Act creates a protective perimeter
or buffer zone around the wilderness area.
(b) Activities Outside Wilderness Area.--The fact that an activity
or use on land outside the wilderness area can be seen or heard within
the wilderness area shall not preclude the activity or use outside the
wilderness area.
SEC. 7. INDIAN TRIBES.
(a) Access.--In recognition of the past use of the wilderness area
by Indian tribes for traditional cultural and religious purposes, the
Secretary shall ensure that Indian tribes have access to the wilderness
area for--
(1) traditional cultural and religious purposes; and
(2) exercise of any right reserved by treaty.
(b) Temporary Closures.--
(1) In general.--In carrying out this section, the
Secretary, on request of an Indian tribe, may temporarily close
to the general public one or more specific portions of the
wilderness area to protect the privacy of the members of the
Indian tribe in the conduct of the traditional cultural and
religious activities in the wilderness area.
(2) Requirement.--Any closure under paragraph (1) shall be
made in such a manner as to affect the smallest practicable
area for the minimum period of time necessary for the activity
to be carried out.
(c) Applicable Law.--Access to the wilderness area under this
section shall be in accordance with--
(1) Public Law 95-341 (commonly known as the ``American
Indian Religious Freedom Act'') (42 U.S.C. 1996); and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 8. EFFECT.
Nothing in this Act diminishes the rights of any Indian tribe. | Scotchman Peaks Wilderness Act of 2016 This bill designates approximately 13,961 acres of National Forest System land in Idaho, to be known as the Scotchman Peaks Wilderness, as wilderness and a component of the National Wilderness Preservation System. The wilderness area is withdrawn from specified public land, mining, mineral leasing, mineral materials, and geothermal leasing laws. The Department of Agriculture (USDA) may carry out management activities to maintain or restore fish and wildlife populations and habitats within the wilderness area if they would: promote healthy, viable, and more naturally distributed populations that would enhance wilderness values; and accomplish the purpose of the management activity with the minimum impact necessary. USDA may take measures within the wilderness area necessary for the control of fire, insects, and disease. Nothing in this bill creates a protective perimeter or buffer zone around the wilderness area. USDA shall ensure that Indian tribes have access to the wilderness area for: traditional and cultural purposes, and the exercise of any right reserved by treaty. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Expansion and Job
Creation Act of 2010''.
SEC. 2. EXTENSION OF INCREASE IN LIMITATION ON EXPENSING OF CERTAIN
DEPRECIABLE BUSINESS ASSETS.
(a) Extension of Increased Limitations.--Paragraph (7) of section
179(b) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``or 2009'' and inserting ``2009, or
2010'', and
(2) by striking ``and 2009'' in the heading and inserting
``2009, and 2010''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 3. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED DURING 2010.
(a) Extension of Special Allowance.--
(1) In general.--Paragraph (2) of section 168(k) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``January 1, 2011'' and inserting
``January 1, 2012'', and
(B) by striking ``January 1, 2010'' each place it
appears and inserting ``January 1, 2011''.
(2) Conforming amendments.--
(A) The heading for subsection (k) of section 168
of such Code is amended by striking ``2010'' and
inserting ``2011''.
(B) The heading for clause (ii) of section
168(k)(2)(B) of such Code is amended by striking ``pre-
january 1, 2010'' and inserting ``pre-january 1,
2011''.
(C) Subparagraph (B) of section 168(l)(5) of such
Code is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.
(D) Subparagraph (C) of section 168(n)(2) of such
Code is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.
(E) Subparagraph (B) of section 1400N(d)(3) of such
Code is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.
(b) Extension of Election To Accelerate the AMT and Research
Credits in Lieu of Bonus Depreciation.--Paragraph (4) of section 168(k)
of such Code (relating to election to accelerate the AMT and research
credits in lieu of bonus depreciation) is amended--
(1) by striking ``January, 1, 2010'' and inserting
``January 1, 2011'' in subparagraph (D)(iii), and
(2) by adding at the end the following new subparagraph:
``(I) Special rules for 2010 extension property.--
``(i) Taxpayers previously electing
acceleration.--In the case of a taxpayer who
made the election under subparagraph (A) for
its first taxable year ending after March 31,
2008, or under subparagraph (H) for its first
taxable year ending after December 31, 2008--
``(I) the taxpayer may elect not to
have this paragraph apply to 2010
extension property, but
``(II) if the taxpayer does not
make the election under subclause (I),
in applying this paragraph to the
taxpayer a separate bonus depreciation
amount, maximum amount, and maximum
increase amount shall be computed and
applied to eligible qualified property
which is 2010 extension property.
``(ii) Taxpayers not previously electing
acceleration.--In the case of a taxpayer who
did not make the election under subparagraph
(A) for its first taxable year ending after
March 31, 2008, or under subparagraph (H) for
its first taxable year ending after December
31, 2008--
``(I) the taxpayer may elect to
have this paragraph apply to its first
taxable year ending after December 31,
2009, and each subsequent taxable year,
and
``(II) if the taxpayer makes the
election under subclause (I), this
paragraph shall only apply to eligible
qualified property which is 2010
extension property.
``(iii) 2010 extension property.--For
purposes of this subparagraph, the term `2010
extension property' means property which is
eligible qualified property solely by reason of
the extension of the application of the special
allowance under paragraph (1) pursuant to the
amendments made by section 2(a) of the Small
Business Expansion and Job Creation Act of 2010
(and the application of such extension to this
paragraph pursuant to the amendment made by
section 2(b)(1) of such Act).''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2009, in taxable
years ending after such date. | Small Business Expansion and Job Creation Act of 2010 - Amends the Internal Revenue Code to extend through 2010: (1) the increased ($250,000) expensing allowance for depreciable business assets; (2) the additional 50% depreciation allowance for certain types of investment property acquired in 2010; and (3) the election to accelerate the tax credits for the alternative minimum tax and research expenditures in lieu of bonus depreciation. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rhinoceros and Tiger Conservation
Act of 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the populations of all but 1 species of rhinoceros, and
the tiger, have significantly declined in recent years and
continue to decline;
(2) these species of rhinoceros and tiger are listed as
endangered species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) and listed on Appendix I of the Convention
on International Trade in Endangered Species of Wild Fauna and
Flora, signed on March 3, 1973 (27 UST 1087; TIAS 8249)
(referred to in this Act as ``CITES'');
(3) the Parties to CITES have adopted several resolutions--
(A) relating to the conservation of tigers (Conf.
9.13 (Rev.)) and rhinoceroses (Conf. 9.14), urging
Parties to CITES to implement legislation to reduce
illegal trade in parts and products of the species; and
(B) relating to trade in readily recognizable parts
and products of the species (Conf. 9.6), and trade in
traditional medicines (Conf. 10.19), recommending that
Parties ensure that their legislation controls trade in
those parts and derivatives, and in medicines
purporting to contain them;
(4) a primary cause of the decline in the populations of
tiger and most rhinoceros species is the poaching of the
species for use of their parts and products in traditional
medicines;
(5) there are insufficient legal mechanisms enabling the
United States Fish and Wildlife Service to interdict products
that are labeled or advertised as containing substances derived
from rhinoceros or tiger species and prosecute the
merchandisers for sale or display of those products; and
(6) legislation is required to ensure that--
(A) products containing, or labeled or advertised
as containing, rhinoceros parts or tiger parts are
prohibited from importation into, or exportation from,
the United States; and
(B) efforts are made to educate persons regarding
alternatives for traditional medicine products, the
illegality of products containing, or labeled or
advertised as containing, rhinoceros parts and tiger
parts, and the need to conserve rhinoceros and tiger
species generally.
SEC. 3. PURPOSES OF THE RHINOCEROS AND TIGER CONSERVATION ACT OF 1994.
Section 3 of the Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5302) is amended by adding at the end the following:
``(3) To prohibit the sale, importation, and exportation of
products intended for human consumption or application
containing, or labeled or advertised as containing, any
substance derived from any species of rhinoceros or tiger.''.
SEC. 4. DEFINITION OF PERSON.
Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5303) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) `person' means--
``(A) an individual, corporation, partnership,
trust, association, or other private entity;
``(B) an officer, employee, agent, department, or
instrumentality of--
``(i) the Federal Government;
``(ii) any State, municipality, or
political subdivision of a State; or
``(iii) any foreign government;
``(C) a State, municipality, or political
subdivision of a State; or
``(D) any other entity subject to the jurisdiction
of the United States.''.
SEC. 5. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS
LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.
The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.) is amended--
(1) by redesignating section 7 as section 9; and
(2) by inserting after section 6 the following:
``SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS
LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS.
``(a) Prohibition.--A person shall not sell, import, or export, or
attempt to sell, import, or export, any product, item, or substance
intended for human consumption or application containing, or labeled or
advertised as containing, any substance derived from any species of
rhinoceros or tiger.
``(b) Penalties.--
``(1) Criminal penalty.--A person engaged in business as an
importer, exporter, or distributor that knowingly violates
subsection (a) shall be fined under title 18, United States
Code, imprisoned not more than 6 months, or both.
``(2) Civil penalties.--
``(A) In general.--A person that knowingly violates
subsection (a), and a person engaged in business as an
importer, exporter, or distributor that violates
subsection (a), may be assessed a civil penalty by the
Secretary of not more than $12,000 for each violation.
``(B) Manner of assessment and collection.--A civil
penalty under this paragraph shall be assessed, and may
be collected, in the manner in which a civil penalty
under the Endangered Species Act of 1973 may be
assessed and collected under section 11(a) of that Act
(16 U.S.C. 1540(a)).
``(c) Products, Items, and Substances.--Any product, item, or
substance sold, imported, or exported, or attempted to be sold,
imported, or exported, in violation of this section or any regulation
issued under this section shall be subject to seizure and forfeiture to
the United States.
``(d) Regulations.--After consultation with the Secretary of the
Treasury, the Secretary of Health and Human Services, and the United
States Trade Representative, the Secretary shall issue such regulations
as are appropriate to carry out this section.
``(e) Enforcement.--The Secretary, the Secretary of the Treasury,
and the Secretary of the department in which the Coast Guard is
operating shall enforce this section in the manner in which the
Secretaries carry out enforcement activities under section 11(e) of the
Endangered Species Act of 1973 (16 U.S.C. 1540(e)).
``(f) Use of Penalty Amounts.--Amounts received as penalties,
fines, or forfeiture of property under this section shall be used in
accordance with section 6(d) of the Lacey Act Amendments of 1981 (16
U.S.C. 3375(d)).''.
SEC. 6. EDUCATIONAL OUTREACH PROGRAM.
The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.) (as amended by section 5) is amended by inserting after
section 7 the following:
``SEC. 8. EDUCATIONAL OUTREACH PROGRAM.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall develop and implement an
educational outreach program in the United States for the conservation
of rhinoceros and tiger species.
``(b) Guidelines.--The Secretary shall publish in the Federal
Register guidelines for the program.
``(c) Contents.--Under the program, the Secretary shall publish and
disseminate information regarding--
``(1) laws protecting rhinoceros and tiger species, in
particular laws prohibiting trade in products containing, or
labeled or advertised as containing, their parts;
``(2) use of traditional medicines that contain parts or
products of rhinoceros and tiger species, health risks
associated with their use, and available alternatives to the
medicines; and
``(3) the status of rhinoceros and tiger species and the
reasons for protecting the species.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 9 of the Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5306) (as redesignated by section 5(1)) is amended by striking
``1996, 1997, 1998, 1999, and 2000'' and inserting ``1996 through
2002''.
Passed the Senate October 8 (legislative day, October 2),
1998.
Attest:
Secretary.
105th CONGRESS
2d Session
S. 361
_______________________________________________________________________
AN ACT
To amend the Rhinoceros and Tiger Conservation Act of 1994 to prohibit
the sale, importation, and exportation of products intended for human
consumption or application containing, or labeled or advertised as
containing, any substance derived from any species of rhinoceros or
tiger, and to reauthorize the Rhinoceros and Tiger Conservation Act of
1994, and for other purposes. | Rhinoceros and Tiger Conservation Act of 1998 - Amends the Rhinoceros and Tiger Conservation Act of 1994 to prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger.
Sets forth both criminal and civil penalties.
Directs the Secretary of the Interior to develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species.
Authorizes appropriations through FY 2002. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Youth Telemental Health
Demonstration Project Act of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) suicide for Indians and Alaska Natives is 2\1/2\ times
higher than the national average and the highest for all ethnic
groups in the United States, at a rate of more than 16 per
100,000 males of all age groups, and 27.9 per 100,000 for males
aged 15 through 24, according to data for 2002;
(2) according to national data for 2002, suicide was the
second-leading cause of death for Indians and Alaska Natives
aged 15 through 34 and the fourth-leading cause of death for
Indians and Alaska Natives aged 10 through 14;
(3) the suicide rates of Indian and Alaska Native males
aged 15 through 24 are nearly 4 times greater than suicide
rates of Indian and Alaska Native females of that age group;
(4)(A) 90 percent of all teens who die by suicide suffer
from a diagnosable mental illness at the time of death; and
(B) more than \1/2\ of the people who commit suicide in
Indian Country have never been seen by a mental health
provider;
(5) death rates for Indians and Alaska Natives are
statistically underestimated;
(6) suicide clustering in Indian Country affects entire
tribal communities; and
(7) since 2003, the Indian Health Service has carried out a
National Suicide Prevention Initiative to work with Service,
tribal, and urban Indian health programs.
(b) Purpose.--The purpose of this Act is to authorize the Secretary
to carry out a demonstration project to test the use of telemental
health services in suicide prevention, intervention, and treatment of
Indian youth, including through--
(1) the use of psychotherapy, psychiatric assessments,
diagnostic interviews, therapies for mental health conditions
predisposing to suicide, and alcohol and substance abuse
treatment;
(2) the provision of clinical expertise to, consultation
services with, and medical advice and training for frontline
health care providers working with Indian youth;
(3) training and related support for community leaders,
family members and health and education workers who work with
Indian youth;
(4) the development of culturally-relevant educational
materials on suicide; and
(5) data collection and reporting.
SEC. 3. DEFINITIONS.
In this Act:
(1) Demonstration project.--The term ``demonstration
project'' means the Indian youth telemental health
demonstration project authorized under section 4(a).
(2) Department.--The term ``Department'' means the
Department of Health and Human Services.
(3) Indian.--The term ``Indian'' means any individual who
is a member of an Indian tribe or is eligible for health
services under the Indian Health Care Improvement Act (25
U.S.C. 1601 et seq.).
(4) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) Service.--The term ``Service'' means the Indian Health
Service.
(7) Telemental health.--The term ``telemental health''
means the use of electronic information and telecommunications
technologies to support long distance mental health care,
patient and professional-related education, public health, and
health administration.
(8) Traditional health care practices.--The term
``traditional health care practices'' means the application by
Native healing practitioners of the Native healing sciences (as
opposed or in contradistinction to Western healing sciences)
that--
(A) embody the influences or forces of innate
Tribal discovery, history, description, explanation and
knowledge of the states of wellness and illness; and
(B) call upon those influences or forces in the
promotion, restoration, preservation, and maintenance
of health, well-being, and life's harmony.
(9) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 4. INDIAN YOUTH TELEMENTAL HEALTH DEMONSTRATION PROJECT.
(a) Authorization.--
(1) In general.--The Secretary is authorized to carry out a
demonstration project to award grants for the provision of
telemental health services to Indian youth who--
(A) have expressed suicidal ideas;
(B) have attempted suicide; or
(C) have mental health conditions that increase or
could increase the risk of suicide.
(2) Eligibility for grants.--Grants described in paragraph
(1) shall be awarded to Indian tribes and tribal organizations
that operate 1 or more facilities--
(A) located in Alaska and part of the Alaska
Federal Health Care Access Network;
(B) reporting active clinical telehealth
capabilities; or
(C) offering school-based telemental health
services relating to psychiatry to Indian youth.
(3) Grant period.--The Secretary shall award grants under
this section for a period of up to 4 years.
(4) Maximum number of grants.--Not more than 5 grants shall
be provided under paragraph (1), with priority consideration
given to Indian tribes and tribal organizations that--
(A) serve a particular community or geographic area
in which there is a demonstrated need to address Indian
youth suicide;
(B) enter into collaborative partnerships with
Service or other tribal health programs or facilities
to provide services under this demonstration project;
(C) serve an isolated community or geographic area
which has limited or no access to behavioral health
services; or
(D) operate a detention facility at which Indian
youth are detained.
(b) Use of Funds.--An Indian tribe or tribal organization shall use
a grant received under subsection (a) for the following purposes:
(1) To provide telemental health services to Indian youth,
including the provision of--
(A) psychotherapy;
(B) psychiatric assessments and diagnostic
interviews, therapies for mental health conditions
predisposing to suicide, and treatment; and
(C) alcohol and substance abuse treatment.
(2) To provide clinician-interactive medical advice,
guidance and training, assistance in diagnosis and
interpretation, crisis counseling and intervention, and related
assistance to Service or tribal clinicians and health services
providers working with youth being served under the
demonstration project.
(3) To assist, educate, and train community leaders, health
education professionals and paraprofessionals, tribal outreach
workers, and family members who work with the youth receiving
telemental health services under the demonstration project,
including with identification of suicidal tendencies, crisis
intervention and suicide prevention, emergency skill
development, and building and expanding networks among those
individuals and with State and local health services providers.
(4) To develop and distribute culturally-appropriate
community educational materials on--
(A) suicide prevention;
(B) suicide education;
(C) suicide screening;
(D) suicide intervention; and
(E) ways to mobilize communities with respect to
the identification of risk factors for suicide.
(5) To conduct data collection and reporting relating to
Indian youth suicide prevention efforts.
(c) Applications.--To be eligible to receive a grant under
subsection (a), an Indian tribe or tribal organization shall prepare
and submit to the Secretary an application, at such time, in such
manner, and containing such information as the Secretary may require,
including--
(1) a description of the project that the Indian tribe or
tribal organization will carry out using the funds provided
under the grant;
(2) a description of the manner in which the project funded
under the grant would--
(A) meet the telemental health care needs of the
Indian youth population to be served by the project; or
(B) improve the access of the Indian youth
population to be served to suicide prevention and
treatment services;
(3) evidence of support for the project from the local
community to be served by the project;
(4) a description of how the families and leadership of the
communities or populations to be served by the project would be
involved in the development and ongoing operations of the
project;
(5) a plan to involve the tribal community of the youth who
are provided services by the project in planning and evaluating
the mental health care and suicide prevention efforts provided,
in order to ensure the integration of community, clinical,
environmental, and cultural components of the treatment; and
(6) a plan for sustaining the project after Federal
assistance for the demonstration project has terminated.
(d) Traditional Health Care Practices.--The Secretary, acting
through the Service, shall ensure that the demonstration project
involves the use and promotion of the traditional health care practices
of the Indian tribes of the youth to be served.
(e) Collaboration.--The Secretary, acting through the Service,
shall encourage Indian tribes and tribal organizations receiving grants
under this section to collaborate to enable comparisons about best
practices across projects.
(f) Annual Report.--Each grant recipient shall submit to the
Secretary an annual report that--
(1) describes the number of telemental health services
provided; and
(2) includes any other information that the Secretary may
require.
(g) Report to Congress.--Not later than 270 days after the date of
termination of the demonstration project, the Secretary shall submit to
the Committee on Indian Affairs of the Senate and the Committee on
Resources and the Committee on Energy and Commerce of the House of
Representatives a final report that--
(1) describes the results of the projects funded by grants
awarded under this section, including any data available that
indicate the number of attempted suicides;
(2) evaluates the impact of the telemental health services
funded by the grants in reducing the number of completed
suicides among Indian youth;
(3) evaluates whether the demonstration project should be--
(A) expanded to provide more than 5 grants; and
(B) designated a permanent program; and
(4) evaluates the benefits of expanding the demonstration
project to include urban Indian organizations.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000 for each of fiscal
years 2007 through 2010.
Passed the Senate May 11, 2006.
Attest:
EMILY J. REYNOLDS,
Secretary. | Indian Youth Telemental Health Demonstration Project Act of 2006 - Authorizes the Secretary of Health and Human Services to carry out a demonstration project to award up to five grants, of up to four years each, for the provision of telemental health services to Indian youth who have expressed suicidal ideas, have attempted suicide, or have mental health conditions that increase or could increase the risk of suicide.
Makes eligible for such grants any Indian tribes and tribal organizations that operate one or more facilities: (1) located in Alaska and part of the Alaska Federal Health Care Access Network; (2) reporting active clinical telehealth capabilities; or (3) offering school-based telemental health services relating to psychiatry to Indian youth. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Health Information
Technology Financing Act of 2009''.
SEC. 2. SMALL BUSINESS HEALTH INFORMATION TECHNOLOGY FINANCING PROGRAM.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 44 as section 45; and
(2) by inserting after section 43 the following:
``SEC. 44. LOAN GUARANTEES FOR HEALTH INFORMATION TECHNOLOGY.
``(a) Definitions.--In this section--
``(1) the term `cost' has the meaning given that term in
section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a);
``(2) the term `eligible professional' means--
``(A) a physician (as defined in section 1861(r) of
the Social Security Act (42 U.S.C. 1395x(r)));
``(B) a practitioner described in section
1842(b)(18)(C) of the Social Security Act (42 U.S.C.
1395u(b)(18)(C));
``(C) a physical or occupational therapist;
``(D) a qualified speech-language pathologist (as
defined in section 1861(ll)(4)(A) of the Social
Security Act (42 U.S.C. 1395x(ll)(4)(A));
``(E) a qualified audiologist (as defined in
section 1861(ll)(4)(B) of the Social Security Act (42
U.S.C. 1395x(ll)(4)(B));
``(F) a qualified medical transcriptionist;
``(G) a State-licensed pharmacist;
``(H) a State-licensed supplier of durable medical
equipment, prosthetics, orthotics, or supplies; and
``(I) a State-licensed, a State-certified, or a
nationally accredited home health care provider;
``(3) the term `health information technology'--
``(A) means computer hardware, software, and
related technology that--
``(i) supports the requirements for being
treated as a meaningful EHR user (as described
in section 1848(o)(2)(A) of the Social Security
Act (42 U.S.C. 1395w-4(o)(2)(A))) and is
purchased by an eligible professional to aid in
the provision of health care in a health care
setting, including electronic medical records;
and
``(ii) provides for--
``(I) enhancement of continuity of
care for patients through electronic
storage, transmission, and exchange of
relevant personal health data and
information, such as ensuring that this
information is accessible at the times
and places where clinical decisions
will be or are likely to be made;
``(II) enhancement of communication
between patients and health care
providers;
``(III) improvement of quality
measurement by eligible professionals
enabling the eligible professionals to
collect, store, measure, and report on
the processes and outcomes of
individual and population performance
and quality of care;
``(IV) improvement of evidence-
based decision support; or
``(V) enhancement of consumer and
patient empowerment; and
``(B) does not include information technology the
sole use of which is financial management, maintenance
of inventory of basic supplies, or appointment
scheduling;
``(4) the term `qualified eligible professional' means an
eligible professional whose office is a small business concern;
and
``(5) the term `qualified medical transcriptionist' means a
specialist in medical language and the healthcare documentation
process who--
``(A) interprets and transcribes dictation by
physicians and other healthcare professionals to ensure
accurate, complete, and consistent documentation of
healthcare encounters; and
``(B) is certified by or registered with the
Association for Healthcare Documentation Integrity, or
a successor association thereto.
``(b) Loan Guarantees for Qualified Eligible Professionals.--
``(1) In general.--Subject to paragraph (2), the
Administrator may guarantee not more than 90 percent of a loan
made to a qualified eligible professional for the acquisition
of health information technology for use in the medical
practice of the qualified eligible professional and for the
costs associated with the installation of the health
information technology. Except as otherwise provided in this
section, a loan guaranteed under this section shall be made on
the same terms and conditions as a loan made under section
7(a).
``(2) Limitations on guarantee amounts.--The maximum amount
of loan principal guaranteed under this subsection may not be
more than--
``(A) $350,000 with respect to any 1 qualified
eligible professional; and
``(B) $2,000,000 with respect to 1 group of
affiliated qualified eligible professionals.
``(c) Fees.--
``(1) In general.--The Administrator may--
``(A) impose a guarantee fee on a qualified
eligible professional for the purpose of reducing the
cost of the guarantee to zero in an amount not to
exceed 2 percent of the total guaranteed portion of any
loan guaranteed under this section; and
``(B) impose an annual servicing fee on a lender
making a loan guaranteed under this section of not more
0.5 percent of the outstanding balance of the
guaranteed portion of loans by the lender guaranteed
under this section.
``(2) No fees by lenders.--No service fees, processing
fees, origination fees, application fees, points, brokerage
fees, bonus points, or other fees may be charged to a loan
applicant or recipient by a lender relating to a loan
guaranteed under this section.
``(d) Deferral Period.--A loan guaranteed under this section shall
carry a deferral period of not less than 1 year and not more than 3
years. The Administrator may subsidize interest during the period for
which a loan guaranteed under this section is deferred.
``(e) Effective Date.--The Administrator may not guarantee a loan
under this section until the meaningful EHR use requirements have been
determined by the Secretary of Health and Human Services.
``(f) Sunset.--The Administrator may not guarantee a loan under
this section after the date that is 7 years after meaningful EHR use
requirements have been determined by the Secretary of Health and Human
Services.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary for the cost of guaranteeing
$10,000,000,000 in loans under this section. The Administrator shall
determine the cost of guaranteeing loans under this section separately
and distinctly from other programs operated by the Administrator.''. | Small Business Health Information Technology Financing Act of 2009 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee up to 90% of the amount of a loan, up to specified loan amounts, to a small business health professional to be used for the acquisition and installation of health information technology for the professional's medical practice. Defines the term "health information technology" to mean computer hardware, software, and related technology that supports the meaningful electronic health record use requirements of title XVIII (Medicare) of the Social Security Act and is purchased by an eligible professional to aid in the provision of health care, including electronic medical records, but excludes information technology whose sole use is financial management, maintenance of inventory of basic supplies, or appointment scheduling. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charitable Pension Flexibility Act
of 2013''.
SEC. 2. ELECTION TO CEASE TO BE TREATED AS AN ELIGIBLE CHARITY PLAN.
(a) In General.--Subsection (d) of section 104 of the Pension
Protection Act of 2006, as added by section 202 of the Preservation of
Access to Care for Medicare Beneficiaries and Pension Relief Act of
2010, is amended by--
(1) striking ``For purposes of'' and inserting ``(1) In
general.--For purposes of'', and
(2) adding at the end the following:
``(2) Election not to be an eligible charity plan.--A plan
sponsor may elect for a plan to cease to be treated as an
eligible charity plan for plan years beginning after December
31, 2013. Such election shall be made at such time and in such
form and manner as shall be prescribed by the Secretary of the
Treasury. Any such election may be revoked only with the
consent of the Secretary of the Treasury.
``(3) Election to use funding options available to other
plan sponsors.--
``(A) In general.--A plan sponsor that makes the
election described in paragraph (2) may also elect for
a plan to apply the rules described in subparagraphs
(B), (C), and (D) for plan years beginning after
December 31, 2013. Such election shall be made at such
time and in such form and manner as shall be prescribed
by the Secretary of the Treasury. Any such election may
be revoked only with the consent of the Secretary of
the Treasury.
``(B) Applicable shortfall amortization bases.--
Under the rules described in this subparagraph, for the
first plan year beginning after December 31, 2013, a
plan has--
``(i) an 11-year shortfall amortization
base,
``(ii) a 12-year shortfall amortization
base, and
``(iii) a 7-year shortfall amortization
base.
``(C) Determination of installments.--Under the
rules described in this subparagraph, section
430(c)(2)(A) and (B) of the Internal Revenue Code of
1986 and section 303(c)(2)(A) and (B) of the Employee
Retirement Income Security Act of 1974 shall be
applied--
``(i) in the case of an 11-year shortfall
amortization base, by substituting `11-plan-
year period' for `7-plan-year period' wherever
it appears, and
``(ii) in the case a 12-year shortfall
amortization base, by substituting `12-plan-
year period' for `7-plan-year period' wherever
it appears.
``(D) Alternate required installments.--Under the
rules described in this subparagraph, section 430(c)(7)
of the Internal Revenue Code of 1986 and section
303(c)(7) of the Employee Retirement Income Security
Act of 1974 shall apply to a plan for which an election
has been made under subparagraph (A). Such provisions
shall apply in the following manner:
``(i) The first plan year beginning after
December 31, 2013, shall be treated as an
election year, and no other plan years shall be
so treated.
``(ii) All references in section 430(c)(7)
of such Code and in section 303(c)(7) of such
Act to `February 28, 2010' or `March 1, 2010'
shall be treated as references to `February 28,
2013' or `March 1, 2013', respectively.
``(E) 11-year shortfall amortization base.--For
purposes of this paragraph, the 11-year shortfall
amortization base is an amount, determined for the
first plan year beginning after December 31, 2013,
equal to the unamortized principal amount of the
shortfall amortization base (as defined in section
430(c)(3) of the Internal Revenue Code of 1986 and
section 303(c)(3) of the Employee Retirement Income
Security Act of 1974) that would have applied to the
plan for the first plan year beginning after December
31, 2009, if--
``(i) the plan had never been an eligible
charity plan.
``(ii) the plan sponsor had made the
election described in section 430(c)(2)(D)(i)
of the Internal Revenue Code of 1986 and in
section 303(c)(2)(D)(i) of the Employee
Retirement Income Security Act of 1974 to have
section 430(c)(2)(D)(iii) of such Code and
section 303(c)(2)(D)(iii) of such Act apply
with respect to the shortfall amortization base
for the first plan year beginning after
December 31, 2009, and
``(iii) no event had occurred under
paragraph (6) or (7) of section 430(c) of such
Code or paragraph (6) or (7) of section 303(c)
of such Act that, as of the first day of the
first plan year beginning after December 31,
2013, would have modified the shortfall
amortization base or the shortfall amortization
installments with respect to the first plan
year beginning after December 31, 2009.
``(F) 12-year shortfall amortization base.--For
purposes of this paragraph, the 12-year shortfall
amortization base is an amount, determined for the
first plan year beginning after December 31, 2013,
equal to the unamortized principal amount of the
shortfall amortization base (as defined in section
430(c)(3) of the Internal Revenue Code of 1986 and
section 303(c)(3) of the Employee Retirement Income
Security Act of 1974) that would have applied to the
plan for the first plan beginning after December 31,
2010, if--
``(i) the plan had never been an eligible
charity plan,
``(ii) the plan sponsor had made the
election described in section 430(c)(2)(D)(i)
of the Internal Revenue Code of 1986 and in
section 303(c)(2)(D)(i) of the Employee
Retirement Income Security Act of 1974 to have
section 430(c)(2)(D)(iii) of such Code and
section 303(c)(2)(D)(iii) of such Act apply
with respect to the shortfall amortization base
for the first plan year beginning after
December 31, 2010, and
``(iii) no event had occurred under
paragraph (6) or (7) of section 430(c) of such
Code or paragraph (6) or (7) of section 303(c)
of such Act that, as of the first day of the
first plan year beginning after December 31,
2013, would have modified the shortfall
amortization base or the shortfall amortization
installments with respect to the first plan
year beginning after December 31, 2010.
``(G) 7-year shortfall amortization base.--For
purposes of this paragraph, the 7-year shortfall
amortization base is an amount, determined for the
first plan year beginning after December 31, 2013,
equal to--
``(i) the shortfall amortization base for
the first plan year beginning after December
31, 2013, without regard to this paragraph,
minus
``(ii) the sum of the 11-year shortfall
amortization base and the 12-year shortfall
amortization base.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Charitable Pension Flexibility Act of 2013 - Amends the Pension Protection Act of 2006, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, to allow the sponsor of a multiple-employer defined benefit pension plan to elect for a plan to cease to be treated as an eligible charity plan for plan years beginning after December 31, 2013. Permits revocation of such an election, however, only with the consent of the Secretary of the Treasury. Allows a plan sponsor also to elect to apply specified requirements with respect to the shortfall amortization base in minimum funding standards for such plans. | [
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] |
SECTION 1. ELIGIBILITY.
(a) Reservists Discharged Because of a Service-Connected
Disability.--Section 3701(b)(5)(A) of title 38, United States Code, is
amended--
(1) by inserting ``(i)'' before ``who has''; and
(2) by striking out the period at the end thereof and
inserting in lieu thereof ``, or (ii) who was discharged or
released from the Selected Reserve before completing 6 years of
service because of a service-connected disability.''.
(b) Surviving Spouses of Reservists Who Died While in Active
Military, Naval, or Air Service.--The second sentence of section
3701(b)(2) of such title is amended--
(1) by inserting ``or service in the Selected Reserve''
after ``duty'' each place it appears; and
(2) by striking out ``spouse shall'' and inserting in lieu
thereof ``deceased spouse shall''.
SEC. 2. PUBLIC AND COMMUNITY WATER AND SEWERAGE SYSTEMS.
Section 3704 of title 38, United States Code, is amended--
(1) by striking out subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
SEC. 3. REFINANCING LOANS.
(a) Authority To Guarantee Home Refinance Loans for Energy
Efficiency Improvements.--
(1) Loans.--(A) Section 3710(a) of title 38, United States
Code, is amended by adding after paragraph (10) the following:
``(11) To refinance in accordance with subsection (e) of
this section an existing loan guaranteed, insured, or made
under this chapter, and to improve the dwelling securing such
loan through energy efficiency improvements, as provided in
subsection (d) of this section.''.
(B) Section 3710(e)(1) of such title is amended by
inserting ``or subsection (a)(11)'' after ``subsection
(a)(8)''.
(2) Fee.--Section 3729(a)(2)(E) of such title is amended by
inserting ``3710(a)(11),'' after ``3710(a)(9)(B)(i),''.
(b) Refinancing Adjustable Rate Mortgages to Fixed Rate
Mortgages.--Section 3710(e)(1)(A) of such title is amended--
(1) by inserting ``(i)'' after ``(A);
(2) by inserting ``or'' at the end of clause (i), as
designated by paragraph (1) of this subsection; and
(3) by adding after such clause (i), the following:
``(ii) the loan bears interest at a fixed rate that is
agreed upon by the veteran and the mortgagee, and the loan
being refinanced is an adjustable rate loan.''.
SEC. 4. MANUFACTURED HOME LOAN INSPECTIONS.
(a) Certification of Conformity With Standards.--Section 3712(h) of
title 38, United States Code, is amended by amending paragraph (2) to
read as follows:
``(2) Any manufactured housing unit properly displaying a
certification of conformity to all applicable Federal manufactured home
construction and safety standards pursuant to section 616 of the
National Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5415) shall be deemed to meet the standards required by
paragraph (1) of this subsection.''.
(b) Repeal of Inspection Requirements.--Section 3712(j) of such
title is amended--
(1) by striking out ``refuses to permit the inspections
provided for in subsection (h) of this section; or in the case
of manufactured homes which are determined by the Secretary not
to conform to the aforesaid standards; or where the
manufacturer of manufactured homes''; and
(2) by striking ``warranty.'' and inserting in lieu thereof
``warranty; in the case of manufactured homes which are
determined by the Secretary not to conform to the standards
provided for in subsection (h) of this section; or in the case
of a manufacturer who has engaged in procedures or practices
determined by the Secretary to be unfair or prejudicial to
veterans or the Government.''.
(c) Elimination of Reporting Requirement.--Section 3712(l) of such
title is amended--
(1) by striking out ``the results of inspections required
by subsection (h) of this section,''; and
(2) by striking out ``section, and'' and inserting in lieu
thereof ``section and''.
SEC. 5. PROCEDURES ON DEFAULT.
(a) In General.--Paragraph (7) of section 3732(c) of title 38,
United States Code, is amended--
(1) by striking out ``that was the minimum amount for
which, under applicable State law, the property was permitted
to be sold at the liquidation sale'' in the matter preceding
subparagraph (A);
(2) by striking out ``the Secretary may accept conveyance
of the property to the United States for a price not
exceeding'' and inserting in lieu thereof ``(i) the amount was
the minimum amount for which, under applicable State law, the
property was permitted to be sold at the liquidation sale, the
holder shall have the option to convey the property to the
United States in return for payment by the Secretary of an
amount equal to'';
(3) by striking out ``and'' at the end of clause (i), as so
designated by paragraph (2), and inserting in lieu thereof
``or'';
(4) by adding after such clause (i) the following:
``(ii) there was no minimum amount for which the property
had to be sold at the liquidation sale under applicable State
law, the holder shall have the option to convey the property to
the United States in return for payment by the Secretary of an
amount equal to the lesser of such net value or total
indebtedness; and''; and
(5) in subparagraph (B), by striking out ``paragraph
(6)(B)'' and inserting in lieu thereof ``paragraph (6)''.
(b) Conforming Amendment.--Paragraph (6) of such section is
amended--
(1) by striking out ``either''; and
(2) by striking out ``sale or acquires'' and all that
follows through ``(B) the'' and inserting in lieu thereof
``sale, the''.
SEC. 6. MINIMUM ACTIVE-DUTY SERVICE REQUIREMENT.
Section 5303A(b)(3) of title 38, United States Code, is amended--
(1) by striking out ``or'' at the end of subparagraph (E);
(2) by striking out the period at the end of subparagraph
(F) and inserting in lieu thereof ``; or''; and
(3) by inserting after subparagraph (F) the following:
``(G) to benefits under chapter 37 of this title by
reason of discharge or release from active duty as a
result of a reduction in force, as determined by the
Secretary of the military department concerned in
accordance with regulations prescribed by the Secretary
of Defense or by the Secretary of Transportation with
respect to the Coast Guard when it is not operating as
a service in the Navy.''.
Passed the House of Representatives August 1, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Makes eligible for the veterans' housing loan program: (1) members of the Selected Reserve discharged or released before completion of six years of service because of a service-connected disability; and (2) surviving spouses of reservists who die while on active duty.
Repeals a Federal provision prohibiting guaranteed housing loans to veterans for property not served by a public or adequate community water and sewage system.
Authorizes the Secretary of Veterans Affairs to guarantee to refinance loans of veterans making energy efficiency improvements. Allows for the charging of a guaranteed housing loan fee for such loan. Provides for the guaranteeing of refinance loans made to change a mortgage from an adjustable to a fixed rate.
Provides authority for guaranteeing loans made to purchase a manufactured home if the home displays a certification of conformity with Federal manufactured home construction and safety standards. Repeals certain inspection requirements with respect to such manufactured homes, as well as a reporting requirement concerning such inspections. Revises certain default procedures with respect to guaranteed housing loans.
Excludes from certain minimum active-duty service requirements, for purposes of eligibility for veterans' guaranteed housing loans, those veterans whose discharge or release from active duty was the result of a reduction in force. | [
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Skilled Worker
Immigration and Fairness Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. H-1B visas.
Sec. 3. Employment-based immigration.
Sec. 4. H-1B visa fraud and abuse protections.
SEC. 2. H-1B VISAS.
(a) Exemptions to Numerical Limitations.--
(1) In general.--Section 214(g)(5) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(5)) is amended--
(A) in subparagraph (C), by striking ``until the
number of aliens who are exempted from such numerical
limitation during such year exceeds 20,000.'' and
inserting ``or has been awarded a medical specialty
certification based on post-doctoral training and
experience in the United States; or''; and
(B) by adding at the end the following:
``(D) has earned a masters or higher degree in
science, technology, engineering, or mathematics from
an institution of higher education outside of the
United States.''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply to--
(A) any petition or visa application pending on the
date of the enactment of this Act; and
(B) any petition or visa application filed on or
after such date.
(b) Market-Based Visa Limits.--Section 214(g) of such Act (8 U.S.C.
1184(g)), as amended by subsection (a), is further amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``(beginning with fiscal year 1992)''; and
(B) in subparagraph (A), by striking clauses (i)
through (vii) and inserting the following:
``(i) 115,000 in fiscal year 2007; and
``(ii) in fiscal year 2008, and in each subsequent
fiscal year, the greater of--
``(I) 115,000; or
``(II) the number calculated under
paragraph (9);'';
(2) in paragraph (8)--
(A) in subparagraph (B), by striking clause (iv);
and
(B) by striking subparagraph (D);
(3) by redesignating paragraphs (9), (10), and (11) as
paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
``(9) If the numerical limitation under paragraph (1)(A)--
``(A) is reached during a given fiscal year, the numerical
limitation under paragraph (1)(A) for the subsequent fiscal
year shall be equal to the lesser of--
``(i) 120 percent of the numerical limitation for
the given fiscal year; or
``(ii) 180,000; and
``(B) is not reached during a given fiscal year, the
numerical limitation under paragraph (1)(A) for the subsequent
fiscal year shall be equal to the numerical limitation for the
given fiscal year.''.
SEC. 3. EMPLOYMENT-BASED IMMIGRATION.
(a) In General.--Section 201(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end
the following:
``(F) Aliens who have earned a master's or higher degree
from an accredited university in the United States.
``(G) Aliens who--
``(i) have earned an advanced degree in science,
technology, engineering, or mathematics; and
``(ii) have been working in a related field in the
United States under a nonimmigrant visa during the 3-
year period preceding their application for an
immigrant visa under section 203(b).
``(H) Aliens who--
``(i) are described in subparagraph (A) or (B) of
section 203(b)(1); or
``(ii) have received a national interest waiver
under section 203(b)(2)(B).
``(I) The immediate relatives of an alien who is admitted
as an employment-based immigrant under section 203(b).''.
(b) Adjustment of Status for Employment-Based Immigrants.--
(1) In general.--Section 245 of the Immigration and
Nationality Act (8 U.S.C. 1255) is amended by adding at the end
the following:
``(n) Adjustment of Status to Employment-Based Immigrant.--
``(1) Eligibility.--An alien, and any eligible dependents
of such alien, may file an application for adjustment of status
with the Secretary of Homeland Security, whether or not an
employment-based immigrant visa is immediately available at the
time the application is filed, if--
``(A) a petition filed under subparagraph (E) or
(F) of section 204(a)(1) on behalf of the alien has
been approved; or
``(B) in the discretion of the Secretary, the
adjudication of such petition is pending.
``(2) Visa availability.--An application filed under
paragraph (1) may not be approved until the appropriate
employment-based immigrant visa becomes available under section
203(b).
``(3) Fees.--If an employment-based immigrant visa is not
available on the date on which an application is filed under
paragraph (1), a supplemental fee of $500 shall be paid on
behalf of the beneficiary of such application. Such fee may not
be charged with respect to any dependent accompanying or
following to join such beneficiary.
``(o) Extension of Employment Authorization and Advanced Parole
Document.--The Secretary of Homeland Security--
``(1) shall issue a 3-year employment authorization and 3-
year advanced parole document to any beneficiary of an
application for adjustment of status if a petition has been
filed or is pending under subparagraph (E) or (F) of section
204(a)(1); and
``(2) may adjust fees assessed under this section in
accordance to the 3-year period of validity assigned to the
employment authorization or advanced parole documents issued
under subparagraph (1).''.
(2) Use of fees.--Section 286 of such Act (8 U.S.C. 1356)
is amended--
(A) in subsection (m), by striking ``provisions of
law, all adjudication fees'' and inserting ``provision
of law, all adjudication fees and the fees collected
under section 245(n)(3)''; and
(B) in subsection (n)--
(i) by striking ``All deposits'' and
inserting the following: ``(1) Except as
provided in paragraph (2), all deposits''; and
(ii) by adding at the end the following:
``(2) All deposits in the Immigration Examinations Fee Account that
were originally collected under section 245(n)(3) shall be used to
clear security background check delays.''.
(c) Applicability.--The amendments made by subsections (a) and (b)
shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date.
SEC. 4. H-1B VISA FRAUD AND ABUSE PROTECTIONS.
(a) Prohibition Against Advertising Exclusively to H-1B
Nonimmigrants.--Section 212(n)(1) of the Immigration and Nationality
Act (8 U.S.C. 1182(n)(1)) is amended--
(1) by redesignating subparagraph (G) as subparagraph (H);
(2) by inserting after subparagraph (H), as redesignated,
the following:
``(I) The employer has not advertised the available jobs
specified in the application in an advertisement that states or
indicates that--
``(i) the jobs are only available to persons who
are, or may become, H-1B nonimmigrants; or
``(ii) persons will receive priority or preference
in the hiring process because they are, or may become,
H-1B nonimmigrants.''; and
(3) in the undesignated paragraph at the end, by striking
``The employer'' and inserting the following:
``(K) The employer''.
(b) Limit on Percentage of H-1B Employees.--Section 212(n)(1) of
such Act, as amended by this section, is further amended by inserting
after subparagraph (I), as added by subsection (a)(1), the following:
``(J) If the employer employs 50 or more employees in the
United States, not more than 50 percent of such employees are
H-1B nonimmigrants.''.
(c) Safeguards Against Fraud and Misrepresentation in Application
Review Process.--Section 212(n)(1)(K) of such Act, as designated by
subsection (a)(2), is amended--
(1) by inserting ``, clear indicators of fraud,
misrepresentation of material fact,'' after ``completeness'';
(2) by striking ``or obviously inaccurate'' and inserting
``, presents clear indicators of fraud or misrepresentation of
material fact, or is obviously inaccurate''; and
(3) by adding at the end the following: ``If the
Secretary's review of an application identifies clear
indicators of fraud or misrepresentation of material fact, the
Secretary may conduct an investigation and hearing under
paragraph (2).''.
(d) Investigations by Department of Labor.--Section 212(n)(2) of
such Act is amended--
(1) in subparagraph (A), by striking ``12 months'' and all
that follows and inserting ``24 months after the date of the
failure or misrepresentation, respectively. Upon the receipt of
such a complaint, the Secretary may initiate an investigation
to determine if such a failure or misrepresentation has
occurred.'';
(2) in subparagraph (C)(i)--
(A) by striking ``a condition of paragraph (1)(B),
(1)(E), or (1)(F)'' and inserting ``a condition under
subparagraph (B), (C), (E), (F), (H), (I), or (J) of
paragraph (1)''; and
(B) by striking ``paragraph (1)(C), (1)(D), or
(1)(G)(i)(I)'' and inserting ``subparagraph (C), (D) or
(G)(i)(I) of paragraph (1)'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``if the Secretary''
and all that follows and inserting ``with regard to the
employer's compliance with the requirements under this
subsection.'';
(B) in clause (ii), by striking ``and whose
identity'' and all that follows through ``failure or
failures.'' and inserting ``the Secretary of Labor may
conduct an investigation into the employer's compliance
with the requirements under this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and
(viii) as clauses (iv), (v), and (vi), respectively;
(F) in clause (iv), as redesignated, by striking
``meet a condition'' and all that follows and inserting
``comply with the requirements under this subsection,
unless the Secretary of Labor receives the information
not later than 24 months after the date of the alleged
failure.'';
(G) by amending clause (v), as redesignated, to
read as follows:
``(v) The Secretary of Labor shall provide notice to an employer of
the intent to conduct an investigation. The notice shall be provided in
such a manner, and shall contain sufficient detail, to permit the
employer to respond to the allegations before an investigation is
commenced. The Secretary is not required to comply with this clause if
the Secretary determines that such compliance would interfere with an
effort by the Secretary to investigate the employer or secure the
employer's compliance with this subsection. A determination by the
Secretary under this clause is not subject to judicial review.'';
(H) in clause (vi), as redesignated, by striking
``An investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of
Labor, after an investigation under clause (i) or (ii),
determines that a reasonable basis exists to make a
finding that the employer has failed to comply with the
requirements under this subsection, the Secretary shall
provide interested parties with notice of such
determination and an opportunity for a hearing in
accordance with section 556 of title 5, United States
Code, not later than 120 days after the date of such
determination.''; and
(I) by adding at the end the following:
``(vii) If the Secretary of Labor, after a hearing, finds a
reasonable basis to believe that the employer has violated a
requirement under this subsection, the Secretary may impose a penalty
under subparagraph (C).'';
(4) by redesignating subparagraph (I) as subparagraph (J).
(e) Additional Department of Labor Employees.--
(1) In general.--The Secretary of Labor is authorized to
hire 200 additional employees to administer, oversee,
investigate, and enforce programs involving H-1B nonimmigrant
workers.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(f) Schedule of Fees.--Section 214(c)(12)(C) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(12)(C)) is amended by striking
``$500'' and inserting ``$1,000''.
(g) Information Sharing Between Department of Labor and Department
of Homeland Security.--Section 212(n)(2) of such Act, as amended by
this section, is further amended by inserting after subparagraph (H)
the following:
``(I) If any information contained in the materials submitted by
employers of H-1B nonimmigrants as part of the adjudication process
indicates that the employer is not complying with the requirements
under this subsection, the Director of United States Citizenship and
Immigration Services shall provide such information to the Secretary of
Labor. The Secretary may initiate and conduct an investigation and
hearing under this paragraph after receiving such information.''.
(h) Audits.--Section 212(n)(2)(A) of such Act, as amended by this
section, is further amended by adding at the end the following: ``The
Secretary may conduct surveys regarding the degree to which employers
comply with the requirements under this subsection and may conduct
annual compliance audits of employers of H-1B nonimmigrants. The
Secretary shall conduct annual compliance audits of not less than 1
percent of the employers of H-1B nonimmigrants during the applicable
calendar year. The Secretary shall conduct annual compliance audits of
each employer with more than 100 employees who work in the United
States if more than 15 percent of such employees are H-1B
nonimmigrants.''.
(i) Penalties.--Section 212(n)(2)(C) of such Act, as amended by
this section, is further amended--
(1) in clause (i)(I), by striking ``$1,000'' and inserting
``$2,000'';
(2) in clause (ii)(I), by striking ``$5,000'' and inserting
``$10,000''; and
(3) in clause (vi)(III), by striking ``$1,000'' and
inserting ``$2,000''.
(j) Information Provided to H-1B Nonimmigrants Upon Visa
Issuance.--Section 212(n) of such Act, as amended by this section, is
further amended by adding at the end the following:
``(6)(A) Upon providing H-1B nonimmigrant status to an alien in the
United States, the office processing the petition for such status shall
provide the applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections; and
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying employer
obligations and workers' rights.
``(B) Upon issuing an H-1B nonimmigrant visa to an alien outside
the United States, the officer of the Department of State shall provide
the applicant with the items described in clauses (i) and (ii) of
subparagraph (A).''. | Skilled Worker Immigration and Fairness Act - Amends the Immigration and Nationality Act to exempt from the annual H-1B (specialty occupation/fashion models) visa cap an alien who has: (1) earned a master's or higher degree in science, technology, engineering, or mathematics from an institution of higher education outside of the United States; or (2) been awarded a medical specialty certification based on post-doctoral training and experience in the United States.
Sets H-1B annual limits at: (1) 115,000 for FY2007; and (2) for each subsequent fiscal year, the greater of 115,000 or a market-based calculation.
Exempts from numerical limitations on employment-based immigrants: (1) aliens who have earned advanced degrees in science, technology, engineering, or math and have been working in their fields in the United States under a nonimmigrant visa in the three years prior to filing for adjustment; (2) recipients of national interest waivers; and (3) immediate relatives of employment-based immigrants.
Permits an alien (and dependents) to file for adjustment of status whether or not an employment-based immigrant visa is immediately available if: (1) a petition on behalf of the alien has been approved; or (2) adjudication of such petition is pending.
Revises H-1B provisions with respect to: (1) application fraud and misrepresentation; (2) employer penalties; (3) Department of Labor investigations; (4) Department of Labor and Department of Homeland Security (DHS) information sharing; (5) information provided to an H-1B nonimmigrant upon visa issuance; (6) prohibiting H-1B-exclusive employment advertising; and (7) prohibiting an employer of fewer than 50 employees in the United States from having more than 50% H-1B nonimmigrant employees. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sound Science for Endangered Species
Act Planning Act of 2002''.
SEC. 2. SOUND SCIENCE.
(a) Best Scientific and Commercial Data Available as Basis of
Determinations.--Section 4(b)(1)(A) of the Endangered Species Act of
1973 (16 U.S.C. 1533(b)(1)(A)) is amended in the first sentence, by
inserting ``, including any finding under paragraph (3)(B) on a
petition referred to in paragraph (3)(A),'' after ``determinations
required by subsection (a)(1)''.
(b) Preference for Empirical, Field-Tested, and Peer-Reviewed
Data.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)) is amended by adding at the end the following:
``(9) In making any determination under this section, the Secretary
shall give greater weight to any scientific or commercial study or
other information that is empirical or has been field-tested or peer-
reviewed.''.
(c) Contents of Listing Petitions.--
(1) In general.--Section 4(b)(3) of the Endangered Species
Act of 1973 (16 U.S.C. 1533(b)(3)) is amended by adding at the
end the following:
``(E) A petition referred to in subparagraph (A) regarding a
species--
``(i) shall, to the maximum extent practicable, contain
clear and convincing evidence--
``(I) of the current known and historic ranges of
the species concerned;
``(II) of the most recent population estimates and
trends for the species, if available;
``(III) that any change in the population that is
alleged in the petition is beyond the natural range of
fluctuations for the species; and
``(IV) of the reason that the petitioned action is
warranted, including known or perceived threats to the
species;
``(ii) shall include a bibliography of scientific
literature on the species in support of the petition; and
``(iii) may contain any other information the petitioner
considers appropriate.
``(F) For purposes of subparagraph (E), evidence is clear and
convincing evidence if--
``(i) a preponderance of the evidence is based on reliable
scientific and commercial information; and
``(ii) the evidence is sufficient to support a firm belief
by the Secretary that the petitioned action may be
warranted.''.
(2) Requirement for consideration of petition.--Section
4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)(3)) is further amended--
(A) in subparagraph (A) in the first sentence, by
inserting ``and contains the information required under
clauses (i) and (ii) of subparagraph (E)'' after ``may
be warranted''; and
(B) in subparagraph (B) in the matter preceding
clause (i), by inserting ``and contains the information
required under clauses (i) and (ii) of subparagraph
(E)'' after ``may be warranted''.
(d) Use of Sound Science in Listing.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is further amended
by adding at the end the following:
``(10) Not later than 1 year after the date of enactment of this
paragraph, the Secretary shall promulgate regulations that establish
criteria that must be met for scientific and commercial data, studies,
and other information to be used as the basis of a determination under
this section.
``(11)(A) The Secretary may not determine that a species is an
endangered species or a threatened species unless data collected in the
field on the species concerned supports the determination.
``(B) The Secretary shall--
``(i) accept and acknowledge receipt of data regarding the
status of a species that is collected by an owner of land,
including data obtained by observation of the species on the
land; and
``(ii) include the data in the rulemaking record compiled
for any determination that the species is an endangered species
or a threatened species.''.
(e) Use of Sound Science in Recovery Planning.--Section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding
at the end the following:
``(6)(A) The Secretary shall identify and publish in the Federal
Register with the notice of a proposed regulation pursuant to paragraph
(5)(A)(i) a description of additional scientific and commercial data
that, if collected, would assist in the preparation of a recovery plan
and--
``(i) invite any person to submit the data to the
Secretary; and
``(ii) describe the steps that the Secretary plans to take
for acquiring additional data.
``(B) Data identified and obtained under subparagraph (A)(i) shall
be considered by the recovery team and the Secretary in the preparation
of the recovery plan.''.
SEC. 3. INDEPENDENT SCIENTIFIC REVIEW.
(a) In General.--Section 4 of the Endangered Species Act of 1973
(16 U.S.C. 1533) is amended by adding at the end the following:
``(j) Independent Scientific Review Requirements.--(1) In this
subsection:
``(A) The term `covered action' means--
``(i) the determination that a species is an
endangered species or a threatened species under
subsection (a);
``(ii) the determination under subsection (a) that
an endangered species or a threatened species be
removed from any list published under subsection
(c)(1);
``(iii) the development of a recovery plan for a
threatened species or endangered species under
subsection (f);
``(iv) the determination that a proposed action is
likely to jeopardize the continued existence of a
listed species or result in the destruction or adverse
modification of critical habitat and the proposal of
any reasonable and prudent alternatives by the
Secretary under section 7(b)(3), if the Secretary finds
that--
``(I) there is significant disagreement
regarding that determination or proposal; or
``(II) that determination or proposal may
have significant economic impact; and
``(v) the determination that a proposed action is
not likely to jeopardize the continued existence of a
listed species or result in the destruction or adverse
modification of critical habitat, if the Secretary
finds that there is significant disagreement regarding
that determination or proposal.
``(B) The term `qualified individual' means an individual
who meets the standards of the National Academy of Sciences for
independent scientific review conducted by the Academy, except
that such term does not include any individual with a conflict
of interest as determined by the Secretary or by a Governor who
nominates the individual under paragraph (3)(B).
``(2) The Secretary shall--
``(A) maintain a list of qualified individuals who are
available to participate on independent review boards under
this subsection;
``(B) seek nominations of individuals to participate on
such boards (upon appointment by the Secretary), through the
Federal Register, scientific and commercial journals, and the
National Academy of Sciences and other such institutions; and
``(C) update such list every two years.
``(3)(A) Before any covered action becomes final, the Secretary
shall appoint an independent review board in accordance with this
section that shall review and report to the Secretary in writing on the
scientific information and analyses on which the covered action is
based.
``(B) Each independent review board under this paragraph shall be
composed of 5 members, of which--
``(i) 3 shall be appointed by the Secretary from the list
under paragraph (2); and
``(ii) 2 shall be appointed by the Secretary from among
qualified individuals nominated by the Governor of a State in
which the species concerned is located.
``(C) If any individual declines appointment to an independent
review board under this paragraph, the Secretary shall appoint another
individual in the same manner.
``(D) The selection of the members, and the activities, of
independent review boards under this paragraph are not subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
``(E) If funds are available, the Secretary shall provide
compensation to an individual for service as a member of an independent
review board under this paragraph, at a rate not to exceed the daily
equivalent of the maximum annual rate of basic pay for grade GS-14 of
the General Schedule for each day (including travel time) during which
the individual is engaged in the actual performance of duties as a
member of such board.
``(F) The Secretary may not delegate the authority to make
appointments under this paragraph to any official who is below the
level of the Director of the United States Fish and Wildlife Service or
the Assistant Administrator for Fisheries of the National Oceanic and
Atmospheric Administration.
``(4)(A) Each independent review board under this subsection shall
provide to the Secretary, within 90 days after the completion of
appointment of the board, the opinion of the board regarding all
relevant scientific information and assumptions relating to the
taxonomy, population models, and supportive biological and ecological
information for the species in question.
``(B) The Secretary shall--
``(i) develop a protocol for the conduct of scientific
independent review under this subsection, that--
``(I) includes review of the adequacy of any
scientific methodology used to support an action and
the validity of any conclusions drawn from data used to
support an action; and
``(II) is modeled after applicable National Academy
of Sciences policies and guidelines for report reviews;
and
``(ii) provide to each independent review board established
under this subsection clear guidelines as to the conduct of its
review consistent with that protocol.
``(5) If an independent review board under this subsection makes a
recommendation regarding a covered action, the Secretary shall, within
90 days after receiving the recommendation, evaluate and consider the
information that results from the review by the board, and shall
include in the rulemaking record for the covered action--
``(A) a summary of the results of the review by the board;
and
``(B) in a case in which the recommendation of a majority
of the members of the board is not followed, an explanation of
why the recommendation was not followed.
``(6) The report of each independent review board under this
subsection shall be included in the rulemaking record of any regulation
with respect to which the board is convened, and shall be available for
public review for at least 30 days before the close of the period for
comment on the regulation.''.
(b) Biological Assessments.--Section 7(c) of the Endangered Species
Act of 1973 (16 U.S.C. 1536(c)) is amended by adding at the end the
following:
``(3) In preparing a biological assessment under this subsection,
the head of an agency shall solicit and review any scientific and
commercial data that a prospective permit or license applicant believes
is relevant to the assessment, and shall make that data available to
the Secretary.''.
(c) Extension of Periods.--Section 4(b)(6) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)(6)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i) by striking
``one-year'' and inserting ``18-month''; and
(B) in clause (i)(III) by striking ``one-year'' and
inserting ``18-month''; and
(C) in clause (ii)(II) by striking ``one-year'' and
inserting ``18-month'';
(2) in subparagraph (B)--
(A) in clause (i) by striking ``one-year'' and
inserting ``18-month'';
(B) in clause (ii) by striking ``one-year'' and
inserting ``18-month''; and
(C) in clause (iii) by striking ``one-year'' and
inserting ``18-month''; and
(3) in subparagraph (C)(ii) by striking ``one-year'' and
inserting ``18-month''.
SEC. 4. IMPROVED INTERAGENCY COOPERATION.
(a) Use of Information Provided by States.--Section 7(b)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by
adding at the end the following:
``(C) In conducting a consultation under subsection (a)(2), the
Secretary shall actively solicit and consider information from the
State agency in each affected State.''.
(b) Opportunity To Participate in Consultations.--Section 7(b)(1)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as
amended by subsection (a)) is further amended by adding at the end the
following:
``(D)(i) In conducting a consultation with a Federal agency under
subsection (a)(2), the Secretary and the head of the agency shall
provide any person who has sought authorization or funding from a
Federal agency for an action that is the subject of the consultation,
the opportunity to--
``(I) before the development of a draft biological opinion,
submit and discuss with the Secretary and the Federal agency
information relevant to the effect of the proposed action on
the species and reasonable and prudent alternatives that the
Federal agency and the person can take to avoid violation of
subsection (a)(2), including any such alternatives proposed by
the person;
``(II) receive information, on request, subject to the
exemptions specified in section 552(b) of title 5, United
States Code, on the status of the species, threats to the
species, and conservation measures, used by the Secretary to
develop the draft biological opinion and the final biological
opinion, including any associated incidental taking statements;
and
``(III) receive a copy of the draft biological opinion from
the Federal agency and, before issuance of the final biological
opinion, submit comments on the draft biological opinion and
discuss with the Secretary and the Federal agency the basis for
any finding in the draft biological opinion.
``(ii) If alternatives are proposed by a person under clause (i)
and the Secretary does not include the alternatives in the final
biological opinion, the Secretary shall provide to the person
reasonable justification, based on the best scientific and commercial
data available, why those alternatives were not included in the
opinion.
``(iii) Comments and other information submitted to, or received
from, any person (pursuant to clause (i)) who seeks authorization or
funding for an action shall be maintained in a file for that action by
the Secretary and shall be made available to the public (subject to the
exemptions specified in section 552(b) of title 5, United States
Code).''. | Sound Science for Endangered Species Act Planning Act of 2002 - Amends the Endangered Species Act of 1973 to require the use of the best scientific and commercial data available as a basis of determinations on a petition to add or remove a species from the endangered species list. Directs the Secretary of the Interior to give greater weight to any scientific or commercial study or other information that is empirical or has been field-tested or peer-reviewed.Requires that a petition regarding a species contain clear and convincing evidence of the current and historic ranges of the species concerned, of the most recent population estimates and trends for the species, that any alleged change in the population is beyond the natural range of fluctuations, and of the reason that the petitioned action is warranted.Directs the Secretary to: (1) promulgate regulations that establish criteria that must be met for scientific and commercial information to be used as the basis of a determination to support listing a species; and (2) identify and publish in the Federal Register with notice of a proposed regulation a description of additional scientific and commercial data that would assist in the preparation of a recovery plan. Prohibits the Secretary from determining that a species is endangered or threatened unless field data collected supports the determination.Defines "covered action" to include: (1) additions to or removals from the lists of endangered or threatened species; (2) a recovery plan; and (3) a determination that a proposed action is or is not likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of critical habitat.Requires the Secretary to: (1) appoint an independent review board to review and report on the scientific information and analyses on which a covered action is based before such covered action becomes final; and (2) provide specified participation opportunities to any person who has sought authorization or funding from a Federal agency for an action that is subject to consultation regarding its effects on endangered or threatened species or habitats.Extends the Secretary's review period for covered actions from one year to 18 months. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Employment and
Education Enhancement Act of 2001''.
SEC. 2. FINDINGS.
(1) The authorizations of most programs providing Federal
aid to elementary and secondary education, and support for
educational research, statistics, and assessment activities,
including programs under the Elementary and Secondary Education
Act of 1965 (ESEA), the Goals 2000: Educate America Act (Goals
2000), the Educational Research, Development, Dissemination,
and Improvement Act of 1994 (ERDDIA), and the National
Education Statistics Act of 1994 (NESA), expired during the
106th Congress.
(2) The reauthorization of the Elementary and Secondary
Education Act of 1965 is likely to occur during the 107th
Congress.
(3) The programs authorized under the Elementary and
Secondary Education Act of 1965, the Goals 2000: Educate
America Act, the Educational Research, Development,
Dissemination, and Improvement Act of 1994, and the National
Education Statistics Act of 1994, constitute the majority of
Federal grants for elementary and secondary education.
(4) The business community, and small businesses in
particular, have an important stake in the education of our
Nation's youth.
(5) One of the most fundamental needs that any growing
business will ever face is the need for employees with basic
skills.
(6) Concerns have been expressed by the small business
community that students are not graduating with adequate basic
skills in reading, writing, mathematics, and science that allow
the students to succeed in today's workplace or become the
entrepreneurs of tomorrow.
(7) A 1999 American Management Association survey on
workplace testing found that--
(A) approximately 36 percent of employees tested
for basic skills (reading, writing and mathematics)
were found to be deficient;
(B) small businesses had deficiency rates well
above the national average; and
(C) 60 percent of American Management Association
member companies reported that the availability of
skilled manpower was scarce, and 67 percent believe
that the shortages will continue.
(8) A 1999 National Federation of Independent Business
report found that 18 percent of the members reported finding
qualified labor is the most important problem facing their
business.
(9) A 1999 poll of the United States Chambers of Commerce
found that 83 percent of the members reported the ability (or
lack thereof) to get qualified workers is among the members'
biggest concerns, and 53 percent of the members said education
is the single most pressing public policy issue for the
members.
(10) The growth of high-skilled jobs is outpacing growth in
all other fields.
(11) Small business is the driving force behind our
Nation's economy.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) locally-driven initiatives to improve education are
crucial;
(2) the views of small business should be taken into
account in the debate over education;
(3) in order to create jobs, our Nation must encourage
small business expansion and foster small business
entrepreneurship and job creation, and education initiatives
are key to this effort;
(4) the Department of Education should facilitate the
sharing of ideas and best practices at the State and local
level, particularly with respect to partnerships between small
businesses and school systems; and
(5) when and where Department of Education approval of a
program or proposal is required, the Department of Education
should expedite approval of such programs or proposals.
SEC. 4. INFORMATION DISSEMINATION AND SHARING.
The Secretary of Education shall disseminate information and
facilitate the sharing of information designed to assist small
businesses in working with school systems to improve the education
system through publication of guidance materials, best practices,
checklists, and other formats on the World Wide Web, in Department of
Education publications and articles, in letters, through links to other
related World Wide Web sites, through public service announcements, and
through other means at the Department's disposal.
SEC. 5. DEPARTMENT OF EDUCATION CLEARINGHOUSE FOR INFORMATION.
The Secretary of Education shall establish a centralized database
of materials to act as a clearinghouse for information on successful
initiatives and best practices regarding the involvement of small
businesses in education. The clearinghouse shall receive, collect,
process, assemble, and disseminate reliable information, including
innovative, successful activities with a proven track record at the
State and local level.
SEC. 6. OFFICE OF SMALL BUSINESS EDUCATION.
Title II of the Department of Education Organization Act (20 U.S.C.
3411 et seq.) is amended by adding at the end the following:
``SEC. 220. OFFICE OF SMALL BUSINESS EDUCATION.
``(a) There shall be in the Department an Office of Small Business
Education (hereafter in this section referred to as the `Office'), to
be administered by the Director of Small Business Education. The
Director of Small Business Education shall report directly to the
Secretary and shall perform such additional functions as the Secretary
may prescribe.
``(b) The Director of Small Business Education, through the Office,
shall--
``(1) review the needs of small businesses and the
contributions the small business community may make with
respect to efforts to improve education;
``(2) promote efforts to address the needs of small
businesses though education programs;
``(3) work to remove impediments to partnerships between
school systems and small businesses; and
``(4) propose solutions to education-related problems
facing small businesses.''.
SEC. 7. TECHNICAL ASSISTANCE.
(a) In General.--The Director of the Office of Small Business
Education shall provide technical assistance to small businesses, small
business organizations, school systems, and communities working
cooperatively to improve education outcomes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2001 and each of the 4 succeeding fiscal years.
SEC. 8. TAX CREDIT FOR QUALIFIED EDUCATION OPPORTUNITY EXPENSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45E. SMALL BUSINESS EDUCATION OPPORTUNITY CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of a
small business, the small business education opportunity credit
determined under this section for the taxable year is an amount equal
to 15 percent of qualified education opportunity credit expenses paid
or incurred by the taxpayer during the taxable year.
``(b) Qualified Education Opportunity Expenses.--For purposes of
this section--
``(1) In general.--The term `qualified education
opportunity expenses' means an amount paid or incurred in
connection with an eligible work study program, including--
``(A) administrative expenses of the taxpayer, and
``(B) remuneration paid to participants in such
program for services performed by such participant.
``(2) Eligible work study program.--The term `eligible work
study program' means a written program--
``(A) approved by the appropriate State educational
agency, and
``(B) involving a partnership with a secondary
school to provide work study and internship
opportunities for eligible individuals.
``(3) Eligible individual.--The term `eligible individual'
means an individual who is--
``(A) a full-time student in a secondary school, or
``(B) a full-time teacher in a secondary school.
``(4) Exceptions.--Such term does not include--
``(A) expenses for which any other Federal or State
credit or payment is made, or
``(B) expenses paid or incurred for a professional
conference or for an orientation program.
``(c) Definitions; Special Rules.--
``(1) Secondary school.--For purposes of this section, the
term `secondary school' has the meaning given such term by
section 14101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8801), as in effect on the date of enactment of
this section.
``(2) Special rules.--Rules similar to the rules of
subsections (c), (d), and (e) of section 52 shall apply for
purposes of this section.
``(3) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52 or
subsection (m) or (o) of section 414 shall be treated as one
person for purposes of subsection (a).
``(d) Denial of Double Benefit.--No deduction or credit shall be
allowed under this chapter (other than a credit under this section) for
any amount taken into account in determining the credit under this
section.''.
(b) Limitation on Carryback.--Section 39(d) of the Internal Revenue
Code of 1986 (relating to transition rules) is amended by adding at the
end the following new paragraph:
``(10) No carryback of small business education opportunity
credit before effective date.--No portion of the unused
business credit for any taxable year which is attributable to
the small business education opportunity credit determined
under section 45E may be carried to a taxable year ending
before the date of the enactment of section 45E.''.
(c) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended by
striking ``plus'' at the end of paragraph (12), by striking the period
at the end of paragraph (13) and inserting ``, plus'', and by adding at
the end the following new paragraph:
``(14) the small business education opportunity credit
determined under section 45E(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45D the
following new item:
``Sec. 45E. Small business education
opportunity credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 9. STUDY AND REPORT.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Education shall conduct a study
and submit to Congress a report regarding the challenges facing small
businesses in obtaining workers with adequate skills.
(b) Contents.--The report shall include the following:
(1) Information on the shortage, if any, of workers with
adequate skills in the small business sector.
(2) An assessment of the impact on small business of the
shortage, if any.
(3) The costs to small businesses associated with the
shortage, if any.
(4) The recommendations of the Secretary, if any, on how to
address the challenges facing small businesses due to the
shortage, if any, of workers with adequate skills. | Small Business Employment and Education Enhancement Act of 2001 - Expresses the sense of Congress regarding: (1) locally-driven initiatives to improve education; (2) consideration of the views of small business concerning education; (3) education initiatives as key to fostering small business expansion, entrepreneurship, and job creation; (4) Department of Education facilitation of the sharing of ideas and best practices at State and local levels, particularly with respect to partnerships between small businesses and school systems; and (5) the expediting of the Department's approval of programs or proposals.Directs the Secretary of Education to: (1) disseminate information and facilitate the sharing of information designed to assist small businesses in working with school systems to improve the education system through specified means, including the Internet World Wide Web; (2) establish a centralized database of materials to act as a clearinghouse for information on successful initiatives and best practices regarding the involvement of small businesses in education; and (3) study and report to Congress on the challenges facing small businesses in obtaining workers with adequate skills.Amends the Department of Education Organization Act to establish an Office of Small Business Education, administered by a Director, to: (1) review the needs of small businesses and the contributions the small business community may make with respect to efforts to improve education; (2) promote efforts to address the needs of small businesses though education programs; (3) work to remove impediments to partnerships between school systems and small businesses; and (4) propose solutions to education-related problems facing small businesses.Requires the Director to provide technical assistance to small businesses, small business organizations, school systems, and communities working cooperatively to improve education outcomes.Amends the Internal Revenue Code to establish a small business education opportunity tax credit for qualified education opportunity expenses. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Employee Stock Option Act
of 2002''.
SEC. 2. INCENTIVES TO GRANT EMPLOYEE STOCK OPTIONS.
(a) In General.--Section 423 of the Internal Revenue Code of 1986
(relating to employee stock purchase plans) is amended by adding at the
end the following new subsection:
``(d) Special Incentives With Respect to Employee Stock Purchase
Plans Which Meet Certain Additional Requirements.--
``(1) In general.--If--
``(A) section 421(a) would (but for this
subsection) apply with respect to the transfer of stock
to an individual by reason of this section, and
``(B) the requirements of paragraph (2) are met
with respect to such transfer,
the rules of paragraph (3) shall apply in lieu of the rules of
section 421(a) and section 56(b)(3) shall not apply.
``(2) Requirements.--A transfer of stock to an individual
meets the requirements of this paragraph if--
``(A) the price paid by the individual for the
stock under the option is paid only through payroll
deductions in substantially equal amounts over a period
of not less than 12 months and not more than 60 months,
``(B) such payroll deductions are held in a trust
described in paragraph (5),
``(C) the price of the stock acquired under the
option is not less than the fair market value of the
stock at the time the option is granted,
``(D) ownership of the stock is transferred to the
individual at the end of the payroll deduction period
(or, if earlier, the date that the price of the stock
under the option is fully paid),
``(E) the individual's election to commence
withholding to purchase such stock pursuant to the
option is made during the 30-day period beginning on
the earliest date that the individual could have made
the election to commence withholding to acquire stock
pursuant to such option, and
``(F) the stock acquired by the individual pursuant
to the option--
``(i) is held by the trust described in
paragraph (5) until the individual elects to
dispose of such stock, or
``(ii) at the election of the individual,
is transferred to the individual.
``(3) Special tax treatment.--
``(A) Treatment of payroll deductions.--With
respect to the payroll deductions referred to in
paragraph (2)(A)--
``(i) the gross income of the individual
shall not include an amount equal to such
deductions,
``(ii) for purposes of subtitle C, the
individual's remuneration for employment shall
not include an amount equal to such deductions,
and
``(iii) the deduction otherwise allowable
under section 162 for remuneration paid to such
individual shall be reduced by an amount equal
to such deductions.
The aggregate amount to which the preceding sentence
applies for any taxable year of an individual shall not
exceed the limitation under section 402(g)(1) for such
taxable year.
``(B) Treatment when share transferred to
individual.--
``(i) Employee.--No amount shall be
includible in the gross income of an individual
(or treated as remuneration for purposes of
subtitle C) by reason of the transfer of
ownership of stock acquired pursuant to an
option to which this subsection applies.
``(ii) Employer.--There shall be allowed as
a deduction under section 162 to the person
whose deduction was reduced under subparagraph
(A)(iii) (for the taxable year in which such
transfer of ownership occurs) an amount equal
to the fair market value of the stock at the
time of such transfer.
``(C) Treatment when share disposed of.--At the
time the stock is disposed of, so much of the gain as
does not exceed the deduction allowed under
subparagraph (B)(ii) shall be treated as ordinary
income.
``(D) Failure to include proper amount of ordinary
income.--If--
``(i) the gain on any disposition of stock
acquired pursuant to an option to which this
subsection applies exceeds the deduction
allowed under subparagraph (B)(ii), and
``(ii) the individual fails to include in
gross income as ordinary income at least the
amount of such deduction,
then the entire amount of gain shall be included in
gross income as ordinary income.
``(4) Special rules.--
``(A) Determination of option price.--For purposes
of paragraph (2), an option to acquire stock shall be
treated as being granted on the earliest date that the
individual could have made the election to acquire
stock pursuant to such option.
``(B) Return of payroll deductions.--Nothing in
this subsection shall prevent the return of an
individual's payroll deductions to the individual if
the individuals elects not to use the deducted amounts
to acquire the stock. The amount so returned shall be
included in the gross income of such individual for the
taxable year in which paid to the individual and shall
be treated for purposes of subtitle C as remuneration
from employment.
``(C) Termination of employment.--If an individual
terminates employment with the person who granted the
option to acquire stock, paragraph (2)(A) shall not
apply to amounts paid within 3 months after such
termination to the extent such amounts do not exceed
the amount payable under options granted before the
date of such termination. In the case of an individual
who is disabled or who dies before the close of such 3
months, the preceding sentence shall be applied by
substituting `1 year' for `3 months'.
``(D) Treatment of nonresident aliens.--If an
individual is a nonresident alien individual for any
portion of the taxable year, this subsection shall
apply only if--
``(i) such individual is treated as a
resident alien of the United States for
purposes of this chapter by reason of an
election under subsection (g) or (h) of section
6013, or
``(ii) such individual has income from
sources within the United States or which is
effectively connected with the conduct of a
trade or business in the United States.
``(E) Certain employees may be excluded.--In
applying subsection (b)(4) for purposes of this
subsection, there may be excluded employees included in
a unit of employees covered by an agreement between
employee representatives and one or more employers
which the Secretary finds to be a collective bargaining
agreement, if the benefits provided under this
subsection were the subject of good faith bargaining
between such employee representatives and such employer
or employers.
``(5) Rate of cash compensation must be unaffected.--The
grant of any options under the arrangement may not be directly
linked with a systematic reduction in the annual rate at which
basic or regular cash compensation is paid to employees under
the arrangement, as determined under regulations prescribed by
the Secretary of the Treasury.
``(6) Trust holding payroll deductions.--A trust is
described in this paragraph if--
``(A) the trust is created or organized in the
United States exclusively for the purposes of holding
payroll deductions pursuant to this subsection and
stock acquired with such payroll deductions,
``(B) a separate account is maintained for each
individual, and
``(C) any earnings on payroll deductions of an
individual are paid not less often than annually to
such individual.
The Employee Retirement Income Security Act of 1974 shall not
apply to any trust described in this paragraph.
``(7) Regulations.--The Secretary shall prescribe such
regulations as may be appropriate to carry out this
subsection.''
(b) Exemption From Tax for Trust Holding Payroll Deductions, Etc.--
Subsection (a) of section 501 of such Code is amended by striking ``or
section 401(a)'' and inserting ``, section 401(a), or section
423(d)(5)''.
(c) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of such Code is amended by adding at the end the
following new section:
``SEC. 6050T. RETURNS RELATING TO TRANSFER OF OWNERSHIP OF STOCK
ACQUIRED PURSUANT TO CERTAIN STOCK OPTIONS.
``(a) In General.--Any person who is allowed a deduction for any
taxable year under section 423(d)(3)(B)(ii) with respect to the
transfer of ownership of stock to any individual shall make the return
described in subsection (b) with respect to such transfer at such time
as the Secretary may by regulations prescribe.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe,
``(2) contains--
``(A) the name, address, and TIN of the individual
to whom the stock ownership was so transferred,
``(B) the amount of the deduction allowed under
section 423(d)(3)(B)(ii) with respect to such transfer,
and
``(C) such other information as the Secretary may
prescribe.
``(c) Statements To Be Furnished To Persons With Respect To Whom
Information Is Required.--Every person required to make a return under
subsection (a) shall furnish to each individual whose name is required
to be set forth in such return a written statement showing--
``(1) the name, address, and phone number of the
information contact of the person required to make such return,
and
``(2) the amount of the deduction described in subsection
(a) with respect to stock ownership transferred to such
individual.
The written statement required under the preceding sentence shall be
furnished to the person on or before January 31 of the year following
the calendar year for which the return under subsection (a) was
required to be made.''
(2) Assessable penalties.--
(A) Subparagraph (B) of section 6724(d)(1) of such
Code (relating to definitions) is amended by
redesignating clauses (xi) through (xvii) as clauses
(xii) through (xviii), respectively, and by inserting
after clause (x) the following new clause:
``(xi) section 6050T (relating to returns
relating to transfers of ownership of stock
acquired pursuant to certain stock options),''.
(B) Paragraph (2) of section 6724(d) of such Code
is amended by striking ``or'' at the end of the next to
last subparagraph, by striking the period at the end of
the last subparagraph and inserting ``, or'', and by
adding at the end the following new subparagraph:
``(BB) section 6050T(c) (relating to returns
relating to transfers of ownership of stock acquired
pursuant to certain stock options).''.
(3) Clerical amendment.--The table of sections for subpart
B of part III of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section 6050S
the following new item:
``Sec. 6050T. Returns relating to
transfers of ownership of stock
acquired pursuant to certain
stock options.''.
(d) Effective Date.--The amendments made by this section shall
apply to options granted after the date of the enactment of this Act. | Workplace Employee Stock Option Act of 2002 - Amends the Internal Revenue Code to provide for the exclusion from gross income of certain stock purchased with payroll deductions through an employee stock purchase plan.Sets forth special rules with respect to the inclusion of nonresident aliens under the provisions of this Act. Allows certain employees to be excluded from purchasing stock options under this Act.Requires certain employers to submit information returns relating to the transfer of ownership of stock acquired by employees pursuant to certain stock options, and assesses penalties for failure to comply. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Americans Want to Work Act''.
SEC. 2. ADJUSTMENT TO FOURTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.
Section 4002(e)(1) of the Supplemental Appropriations Act, 2008
(Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking
``subsection (d)(1) (third-tier emergency unemployment compensation)''
and inserting ``subsection (f)(1) (fifth-tier emergency unemployment
compensation)''.
SEC. 3. FIFTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 4002 of the Supplemental Appropriations
Act, 2008, as amended by section 2, is further amended--
(1) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Fifth-Tier Emergency Unemployment Compensation.--
``(1) In general.--If, at the time that the amount added to
an individual's account under subsection (d)(1) (third-tier
emergency unemployment compensation) is exhausted or at any
time thereafter, such individual's State is in an extended
benefit period (as determined under paragraph (2)), such
account shall be further augmented by an amount (hereinafter
`fifth-tier emergency unemployment compensation') equal to the
lesser of--
``(A) 80 percent of the total amount of regular
compensation (including dependents' allowances) payable
to the individual during the individual's benefit year
under the State law; or
``(B) 20 times the individual's average weekly
benefit amount (as determined under subsection (b)(2))
for the benefit year.
``(2) Extended benefit period.--For purposes of paragraph
(1), a State shall be considered to be in an extended benefit
period, as of any given time, if--
``(A) such a period would then be in effect for
such State under section 203(d) of the Federal-State
Extended Unemployment Compensation Act of 1970 (26
U.S.C. 3304 note) if such section did not include the
requirement under paragraph (1)(A) thereof; or
``(B) such a period would then be in effect for
such State under section 203(f) of such Act if--
``(i) such section 203(f) were applied to
such State (regardless of whether the State by
law had provided for such application); and
``(ii) such section 203(f)--
``(I) were applied by substituting
`7.5' for `6.5' in paragraph (1)(A)(i)
thereof; and
``(II) did not include the
requirement under paragraph (1)(A)(ii)
thereof.
``(3) Limitation.--The account of an individual may be
augmented not more than once under this subsection.''.
(b) Conforming Amendment to Non-Augmentation Rule.--Section
4007(b)(2) of the Supplemental Appropriations Act, 2008 (Public Law
110-252; 26 U.S.C. 3304 note) is amended--
(1) by striking ``and (e)'' and inserting ``, (e), and
(f)''; and
(2) by striking ``or (e)'' and inserting ``, (e), or (f)''.
(c) Coordination.--Section 4002(g) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as
redesignated by subsection (a)(1), is amended by adding at the end the
following new paragraphs:
``(3) Further coordination with extended compensation.--
Notwithstanding an election under section 4001(e) by a State to
provide for the payment of emergency unemployment compensation
prior to extended compensation, such State may pay extended
compensation to an otherwise eligible individual prior to any
emergency unemployment compensation under subsection (f) (by
reason of the amendments made by section 3(a) of the Americans
Want to Work Act), if such individual claimed extended
compensation for at least 1 week of unemployment after the
exhaustion of emergency unemployment compensation under this
part (as this part was in effect on the day before the date of
the enactment of this subsection).
``(4) Coordination with tiers iii, iv, and v.--If a State
determines that implementation of the fifth-tier of emergency
unemployment compensation by reason of the amendments made by
sections 2 and 3 of the Americans Want to Work Act would unduly
delay the prompt payment of emergency unemployment compensation
under this title by reason of the amendments made by such Act,
such State may elect to pay fourth-tier emergency unemployment
compensation prior to the payment of fifth-tier emergency
unemployment compensation until such time as such State
determines that fifth-tier emergency unemployment compensation
may be paid without undue delay. For purposes of determining
whether an account may be augmented for fifth-tier emergency
unemployment compensation under subsection (f), if a State
makes the election described in the previous sentence, such
State shall treat the date of exhaustion of fourth-tier
emergency unemployment compensation as the date of exhaustion
of third-tier emergency unemployment compensation if the date
of exhaustion of fourth-tier emergency unemployment
compensation is later than the date of exhaustion of third-tier
emergency unemployment compensation.''.
(d) Funding.--Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
and
(2) by inserting after subparagraph (F) the following new
subparagraph:
``(G) the amendments made by subsections (a), (b),
and (c) of section 3 of the Americans Want to Work Act;
and''.
(e) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the Supplemental
Appropriations Act, 2008, except that no amount shall be payable by
virtue of such amendments with respect to any week of unemployment
commencing before the date of the enactment of this Act.
SEC. 4. EXTENSION OF PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED
WORKERS AND BUSINESS CREDIT FOR THE RETENTION OF CERTAIN
NEWLY HIRED INDIVIDUALS.
(a) Extension.--Section 3111(d) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``with respect to employment during the
period beginning on the day after the date of the enactment of
this subsection and ending on December 31, 2010,'' in paragraph
(1) and inserting ``during the applicable period with respect
to employment'',
(2) by striking ``January 1, 2011'' in paragraph (3) and
inserting ``January 1, 2012'',
(3) by redesignating paragraph (5) as paragraph (6) and by
inserting after paragraph (4) the following new paragraph:
``(5) Applicable period.--For purposes of paragraph (1),
the applicable period is--
``(A) with respect to any qualified individual who
begins employment after February 3, 2010, the period
beginning after March 18, 2010, and ending on December
31, 2010, and
``(B) with respect to any qualified individual who
begins employment after August 4, 2010, the period
beginning on the day after the date of the enactment of
this paragraph and ending on December 31, 2011.'', and
(4) by inserting ``and 2011'' after ``2010'' in the heading
thereof.
(b) Railroad Retirement Taxes.--Section 3221(c) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``during the period beginning on the day
after the date of the enactment of this subsection and ending
on December 31, 2010'' in paragraph (1) and inserting ``during
the applicable period'',
(2) by striking ``January 1, 2011'' in paragraph (3) and
inserting ``January 1, 2012'',
(3) by redesignating paragraph (5) as paragraph (6) and by
inserting after paragraph (4) the following new paragraph:
``(5) Applicable period.--For purposes of paragraph (1),
the applicable period is--
``(A) with respect to any qualified individual who
begins employment after February 3, 2010, the period
beginning after March 18, 2010, and ending on December
31, 2010, and
``(B) with respect to any qualified individual who
begins employment after August 4, 2010, the period
beginning on the day after the date of the enactment of
this paragraph and ending on December 31, 2011.'', and
(4) by inserting ``and 2011'' after ``2010'' in the heading
thereof.
(c) Transfers to Certain Funds.--Section 101 of the Hiring
Incentives to Restore Employment Act is amended--
(1) by inserting ``and section 4(a) of the Americans Want
to Work Act'' after ``subsection (a)'' in subsection (c), and
(2) by inserting ``and section 4(b) of the Americans Want
to Work Act'' after ``paragraph (1)'' in subsection (d)(2).
(d) Conforming Amendment.--The heading of section 102 of the Hiring
Incentives to Restore Employment Act is amended by inserting ``and
2011'' after ``2010''.
(e) Treatment of Temporary Census Workers.--Sections 3111(d)(3) and
3121(c)(3) of the Internal Revenue Code of 1986 are each amended by
adding at the end the following new flush sentence:
``For purposes of subparagraph (B), employment by the Bureau of
the Census as a temporary enumerator for the 2010 decennial
census shall not be taken into account.''.
(f) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by section 101 of the
Hiring Incentives to Restore Employment Act.
SEC. 5. INCREASE OF BUSINESS CREDIT FOR THE RETENTION OF CERTAIN NEWLY
HIRED INDIVIDUALS.
(a) In General.--Section 102 of the Hiring Incentives to Restore
Employment Act (Public Law 111-147) is amended by adding at the end the
following new subsection:
``(e) Increased Credit for Certain Long-Term Unemployed Workers.--
``(1) In general.--In the case of a qualified long-term
unemployed worker, the credit otherwise determined under
subsection (a) (without regard to this subsection) with respect
to such qualified long-term unemployed worker shall be
increased by $1,000.
``(2) Qualified long-term unemployed worker.--For purposes
of this subsection, the term `qualified long-term unemployed
worker' means any qualified individual (as defined in section
3111(d)(3) or section 3221(c)(3) of the Internal Revenue Code
of 1986)--
``(A) who is a retained worker,
``(B) who certifies by signed affidavit, under
penalties of perjury, that--
``(i) such individual has not been employed
during the 693-day period ending on the date
such individual begins the employment with
respect to which the individual is a qualified
individual, or
``(ii) such individual has exhausted all
unemployment insurance benefits under Federal
or State law, if such benefits are exhausted in
a period of less than 693 days, and
``(C) who begins employment with a qualified
employer (as defined in section 3111(d)(2) or section
3221(c)(2) of the Internal Revenue Code of 1986) after
the date of the enactment of this subsection and before
January 1, 2012.''.
(b) Effective Date.--The amendment made by this section shall apply
to individuals beginning employment after the date of the enactment of
this Act, in taxable years ending after such date. | Americans Want to Work Act - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Requires a further additional Tier-5 period for deposits to an individual's EUCA if, at the time the amount added to such individual's account under the Act is exhausted or at any time thereafter, the individual's state is in an extended benefit period.
Prescribes a formula for making such Tier-5 credits. Increases the figures in the basic EUC formula (the lesser of which shall be the amount credited): (1) from 50% to 80% of the total amount of regular compensation (including dependents' allowances) payable to the individual during the benefit year; and (2) from 13 to 20 times the individual's average weekly benefit amount for the benefit year.
Prescribes a formula for determining if a state is in an extended benefit period.
Allows the Tier-5 period augmentation to be applied to the individual's EUCA only once.
Authorizes a state to pay extended compensation to an otherwise eligible individual before any further additional emergency unemployment compensation (EUC), if such individual claimed extended compensation for at least one week of unemployment after the exhaustion of additional EUC.
Authorizes a state to elect to pay Tier-4 EUC before payment of Tier-5 EUC until the state determines that such Tier-5 EUC may be paid without undue delay.
Amends the Internal Revenue Code to extend through December 31, 2011, the exemption of an employer from payment of employment taxes or railroad retirement taxes for individuals who begin employment after August 4, 2010.
Excludes from account for Federal Insurance Contributions Act (FICA) tax purposes any employment by the Bureau of the Census as a temporary enumerator for the 2010 decennial census.
Amends the Hiring Incentives to Restore Employment Act to allow an increase in the general business tax credit for the retention of a qualified long-term unemployed worker who: (1) is a retained worker; (2) certifies by signed affidavit that he or she has not been employed during a specified 693-day period or has exhausted all unemployment insurance benefits under federal or state law in less than 693 days; and (3) begins employment with a qualified employer after the enactment of this Act and before January 1, 2012. | [
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SECTION 1. EXTENSION OF AUTHORITY TO MAYOR OF THE DISTRICT OF COLUMBIA.
(a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled
``An Act to provide for the organization of the militia of the District
of Columbia, and for other purposes'', approved March 1, 1889 (sec. 39-
109, D.C. Code), is amended by striking out ``President of the United
States'' and inserting in lieu thereof ``Mayor of the District of
Columbia''.
(b) Reserve Corps.--Section 72 of such Act (sec. 39-107, D.C. Code)
is amended by striking out ``President of the United States'' and
inserting in lieu thereof ``Mayor of the District of Columbia''.
(c) Appointment of Commissioned Officers.--(1) Section 7(a) of such
Act (sec. 39-301(a), D.C. Code) is amended--
(A) by striking out ``President of the United States'' and
inserting in lieu thereof ``Mayor of the District of
Columbia''; and
(B) by striking out ``President.'' and inserting in lieu
thereof ``Mayor.''.
(2) Section 9 of such Act (sec. 39-304, D.C. Code) is amended by
striking out ``President'' and inserting in lieu thereof ``Mayor of the
District of Columbia''.
(3) Section 13 of such Act (sec. 39-305, D.C. Code) is amended by
striking out ``President of the United States'' and inserting in lieu
thereof ``Mayor of the District of Columbia''.
(4) Section 19 of such Act (sec. 39-311, D.C. Code) is amended--
(A) in subsection (a), by striking out ``to the Secretary
of the Army'' and all that follows through ``which board'' and
inserting in lieu thereof ``to a board of examination appointed
by the Commanding General, which''; and
(B) in subsection (b), by striking ``the Secretary of the
Army'' and all that follows through the period and inserting in
lieu thereof ``the Mayor of the District of Columbia, together
with any recommendations of the Commanding General.''.
(5) Section 20 of such Act (sec. 39-312, D.C. Code) is amended--
(A) by striking out ``President of the United States'' each
place it appears and inserting in lieu thereof ``Mayor of the
District of Columbia''; and
(B) by striking out ``the President may retire'' and
inserting in lieu thereof ``the Mayor may retire''.
(d) Call for Duty.--(1) Section 45 of such Act (sec. 39-603, D.C.
Code) is amended by striking out ``, or for the United States Marshal''
and all that follows through ``shall thereupon order'' and inserting in
lieu thereof ``to order''.
(2) Section 46 of such Act (sec. 39-604, D.C. Code) is amended by
striking out ``the President'' and inserting in lieu thereof ``the
Mayor of the District of Columbia''.
(e) General Courts Martial.--Section 51 of such Act (sec. 39-803,
D.C. Code) is amended by striking out ``the President of the United
States'' and inserting in lieu thereof ``the Mayor of the District of
Columbia''.
SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) Consent for Active Duty or Relocation.--(1) Section 672 of
title 10, United States Code, is amended--
(A) in subsection (b), by striking out ``commanding general
of the District of Columbia National Guard'' in the second
sentence and inserting in lieu thereof ``Mayor of the District
of Columbia''; and
(B) in subsection (d), by striking out ``governor or other
appropriate authority of the State or Territory, Puerto Rico,
or the District of Columbia'' and inserting in lieu thereof
``Governor of the State, Territory, or Puerto Rico or the Mayor
of the District of Columbia''.
(2) Section 2238 of such title is amended by striking out ``, in
the case of the District of Columbia, the commanding general of the
National Guard of the District of Columbia'' and inserting in lieu
thereof ``the Mayor of the District of Columbia, as the case may be''.
(3) Section 3500 of such title is amended by striking out ``, in
the District of Columbia, through the commanding general of the
National Guard of the District of Columbia'' in the second sentence and
inserting in lieu thereof ``the Mayor of the District of Columbia, as
the case may be''.
(4) Section 4301(c) of such title is amended by striking out
``governor or other appropriate authority of the State or Territory,
Puerto Rico, or the District of Columbia'' and inserting in lieu
thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor
of the District of Columbia''.
(5) Section 8500 of such title is amended by striking out ``, in
the District of Columbia, through the commanding general of the
National Guard of the District of Columbia'' in the second sentence and
inserting in lieu thereof ``the Mayor of the District of Columbia, as
the case may be''.
(6) Section 9301(c) of such title is amended by striking out
``governor or other appropriate authority of the State or Territory,
Puerto Rico, or the District of Columbia'' and inserting in lieu
thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor
of the District of Columbia''.
(b) Consent for Personnel Actions.--(1) Section 269(g) of such
title is amended by striking out ``governor or other appropriate
authority of the State or Territory, Puerto Rico, or the District of
Columbia'' and inserting in lieu thereof ``Governor of the State,
Territory, or Puerto Rico or the Mayor of the District of Columbia''.
(2) Section 270(c) of such title is amended by striking out
``commanding general of the District of Columbia National Guard'' in
the first sentence and inserting in lieu thereof ``Mayor of the
District of Columbia''.
(3) Section 3259 of such title is amended by striking out
``governor or other appropriate authority of the State or Territory,
Puerto Rico, or the District of Columbia'' in the first sentence and
inserting in lieu thereof ``Governor of the State, Territory, or Puerto
Rico or the Mayor of the District of Columbia''.
(4) Section 3352(a) of such title is amended by striking out
``governor or other appropriate authority of the State or Territory,
Puerto Rico, or the District of Columbia'' in the first sentence and
inserting in lieu thereof ``Governor of the State, Territory, or Puerto
Rico or the Mayor of the District of Columbia''.
(5) Section 3364 of such title is amended--
(A) in subsection (g), by striking out ``governor or other
appropriate authority of the State, Territory or Puerto Rico,
or the commanding general of the District of Columbia National
Guard'' and inserting in lieu thereof ``Governor of the State,
Territory, or Puerto Rico or the Mayor of the District of
Columbia''; and
(B) in subsection (j), by striking out ``governor or other
appropriate authority of the State, Territory or Puerto Rico,
or the commanding general of the District of Columbia National
Guard'' and inserting in lieu thereof ``Governor of the State,
Territory, or Puerto Rico or the Mayor of the District of
Columbia''.
(6) Section 3370(d) of such title is amended by striking out
``governor or other appropriate authority of the State, Territory, or
Puerto Rico, or the commanding general of the District of Columbia
National Guard'' in the fourth sentence and inserting in lieu thereof
``Governor of the State, Territory, or Puerto Rico or the Mayor of the
District of Columbia''.
(7) Section 8259 of such title is amended by striking out
``governor or other appropriate authority of the State or Territory,
Puerto Rico, or the District of Columbia'' in the first sentence and
inserting in lieu thereof ``Governor of the State, Territory, or Puerto
Rico or the Mayor of the District of Columbia''.
(8) Section 8352(a) of such title is amended by striking out
``governor or other appropriate authority of the State or Territory,
Puerto Rico, or the District of Columbia'' and inserting in lieu
thereof ``Governor of the State, Territory, or Puerto Rico or the Mayor
of the District of Columbia''.
SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE.
(a) Maintenance of Other Troops.--Section 109(c) of title 32,
United States Code, is amended by striking out ``(or commanding general
in the case of the District of Columbia)''.
(b) Drug Interdiction and Counter-drug Activities.--Section
112(f)(2) of such title is amended by striking out ``the Commanding
General of the National Guard of the District of Columbia'' and
inserting in lieu thereof ``the Mayor of the District of Columbia''.
(c) Appointment of Adjutant General.--Section 314 of such title is
amended--
(1) by striking out subsection (b);
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively; and
(3) in subsection (b) (as so redesignated)--
(A) by inserting ``, at the request of the Mayor of
the District of Columbia,''; and
(B) by striking out ``recommended for that detail
by the commanding general of the District of Columbia
National Guard''.
(d) Personnel Matters.--(1) Section 327(a) of such title is amended
by striking out ``the commanding general of the National Guard of the
District of Columbia'' and inserting in lieu thereof ``the Mayor of the
District of Columbia, as the case may be''.
(2) Section 331 of such title is amended by striking out ``its
commanding general'' and inserting in lieu thereof ``the Mayor of the
District of Columbia''.
(3) Section 505 of such title is amended by striking out
``commanding general of the National Guard of the District of
Columbia'' in the first sentence and inserting in lieu thereof ``Mayor
of the District of Columbia''.
(e) Issuance of Supplies.--Section 702(a) of such title is amended
by striking out ``commanding general of the National Guard of the
District of Columbia'' and inserting in lieu thereof ``Mayor of the
District of Columbia''.
(f) Appointment of Fiscal Officer.--Section 708(a) of such title is
amended by striking out ``commanding general of the National Guard of
the District of Columbia'' and inserting in lieu thereof ``Mayor of the
District of Columbia''.
SEC. 4. CONFORMING AMENDMENTS TO THE NATIONAL GUARD CIVILIAN YOUTH
OPPORTUNITIES PILOT PROGRAM.
Section 1091 of the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484; 32 U.S.C. 501 note) is amended--
(1) in subsection (d), by striking out ``commanding general
of the District of Columbia National Guard'' and inserting in
lieu thereof ``Mayor of the District of Columbia'';
(2) in subsection (g)(3), by striking out ``commanding
general of the District of Columbia National Guard'' and
inserting in lieu thereof ``Mayor of the District of
Columbia'';
(3) in subsection (j)(1)--
(A) by striking out ``, in the case of the District
of Columbia, the commanding general of the District of
Columbia National Guard'' and inserting in lieu thereof
``the Mayor of the District of Columbia''; and
(B) by striking out ``or the commanding general''
and inserting in lieu thereof ``or the Mayor of the
District of Columbia'';
(4) in subsection (j)(2), by striking out ``the commanding
general of the District of Columbia National Guard'' and
inserting in lieu thereof ``the Mayor of the District of
Columbia''; and
(5) in subsection (k)(2), by striking out ``the commanding
general of the District of Columbia National Guard'' and
inserting in lieu thereof ``the Mayor of the District of
Columbia''.
SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA SELF-
GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT.
Section 602(b) of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code section 1-233(b)) is amended
by striking out ``the National Guard of the District of Columbia,''. | Amends the District of Columbia code to make the Mayor of the District of Columbia the Commander-in-Chief of the militia of the District (National Guard) with jurisdiction over: (1) the reserve corps; (2) the appointment of commissioned officers; (3) the call for duty; and (4) general courts-martial. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Abuse Access to Health
Insurance Act''.
SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION RELATING TO
VICTIMS OF CERTAIN CRIMES.
(a) In General.--No insurer may engage in a practice that has the
effect of denying, canceling, or limiting health insurance coverage or
health benefits, or establishing, increasing, or varying the premium
charged for the coverage or benefits--
(1) to or for an individual on the basis that the
individual is, has been, or may be the victim of domestic
violence; or
(2) to or for a group or employer on the basis that the
group includes or the employer employs, or provides or
subsidizes insurance for, an individual described in paragraph
(1).
(b) Pre-Existing Conditions.--
(1) In general.--A health benefit plan may not consider a
condition or injury that occurred as a result of domestic
violence as a pre-existing condition.
(2) Preexisting condition.--As used in paragraph (1), the
term ``preexisting condition'' means, with respect to coverage
under a health benefit plan, a condition which was diagnosed,
or which was treated, prior to the first date of such coverage
(without regard to any waiting period).
SEC. 3. CIVIL AND CRIMINAL REMEDIES AND PENALTIES.
(a) In General.--Whoever violates the provisions of this Act shall
be--
(1) subject to a fine in an amount provided for under title
18, United States Code, for a class A misdemeanor not resulting
in death;
(2) subject to the imposition of a civil monetary penalty;
and
(3) subject to the commencement by the aggrieved party of a
civil action under subsection (b).
(b) Civil Remedies.--
(1) In general.--Any individual aggrieved by reason of the
conduct prohibited in this Act may commence a civil action for
the relief set forth in paragraph (2).
(2) Relief.--In any action under paragraph (1), the court
may award appropriate relief, including temporary, preliminary,
or permanent injunctive relief and compensatory and punitive
damages, as well as the costs of suit and reasonable fees for
plaintiffs attorneys and expert witnesses. With respect to
compensatory damages, the plaintiff may elect, at any time
prior to the rendering of final judgment, to recover, in lieu
of actual damages, an award of statutory damages in the amount
of $5,000 per violation.
(3) Concurrent jurisdiction.--Both Federal and State courts
shall have concurrent jurisdiction over actions brought
pursuant to this section.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Domestic violence.--The term ``domestic violence''
means the occurrence of one or more of the following acts
between household or family (including in-laws or extended
family) members, spouses or former spouses, or individuals
engaged in or formerly engaged in a sexually intimate
relationship:
(A) Attempting to cause or intentionally,
knowingly, or recklessly causing bodily injury, rape,
assault, sexual assault, or involuntary sexual
intercourse.
(B) Knowingly engaging in a course of conduct or
repeatedly committing acts toward another individual,
including following the individual, without proper
authority, under circumstances that place the
individual in reasonable fear of bodily injury.
(C) Subjecting another to false imprisonment.
(2) Insurer.--
(A) In general.--The term ``insurer'' means a
health benefit plan, a health care provider, an entity
that self-insures, or a Federal or State agency or
entity that conducts activities related to the
protection of public health.
(B) Health benefit plan.--The term ``health benefit
plan'' means any public or private entity or program
that provides for payments for health care, including--
(i) a group health plan (as defined in
section 607 of the Employee Retirement Income
Security Act of 1974) or a multiple employer
welfare arrangement (as defined in section
3(40) of such Act) that provides health
benefits;
(ii) any other health insurance
arrangement, including any arrangement
consisting of a hospital or medical expense
incurred policy or certificate, hospital or
medical service plan contract, or health
maintenance organization subscriber contract;
(iii) workers' compensation or similar
insurance to the extent that it relates to
workers' compensation medical benefits (as
defined by the Secretary of Health and Human
Services); and
(iv) automobile medical insurance to the
extent that it relates to medical benefits (as
defined by the Secretary of Health and Human
Services).
SEC. 5. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT.
For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C.
1012(b); commonly known as the McCarran-Ferguson Act), this Act shall
be considered to specifically relate to the business of insurance.
SEC. 6. REGULATIONS.
The Secretary of Health and Human Services shall issue regulations
to carry out this Act.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 90 days after the date of the enactment
of this Act. | Victims of Abuse Access to Health Insurance Act - Prohibits health insurers from discriminating against an individual or group because the individual is or may be a victim of domestic violence. Prohibits considering a condition or injury resulting from domestic violence as a pre-existing condition. Mandates civil and criminal penalties and provides for injunctive relief and compensatory and punitive damages. Declares that, for the purposes of the McCarran-Ferguson Act, this Act specifically relates to the business of insurance. | [
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] |
TITLE I--BAYLEE'S LAW
SEC. 101. SHORT TITLE.
This title may be cited as ``Baylee's Law''.
SEC. 102. SAFETY AND SECURITY OF CHILDREN IN CHILDCARE FACILITIES.
The Public Buildings Act of 1959 (40 U.S.C. 601 et seq.) is amended
by adding at the end the following:
``SEC. 22. SAFETY AND SECURITY OF CHILDREN IN CHILDCARE FACILITIES.
``(a) Written Notice to Parents or Guardians.--
``(1) Initial notification.--Before the enrollment of any
child in a childcare facility located in a public building
under the control of the Administrator, the Administrator shall
provide to the parents or guardians of the child a written
notification containing--
``(A) an identification of the current tenants in
the public building; and
``(B) the designation of the level of security of
the public building.
``(2) Notification of new tenants.--After providing a
written notification to the parents or guardians of a child
under paragraph (1), the Administrator shall provide to the
parents or guardians a written notification if any new Federal
tenant is scheduled to take occupancy in the public building.
``(b) Notification of Serious Threats to Safety or Security.--As
soon as practicable after being informed of a serious threat, as
determined by the Administrator, that could affect the safety and
security of children enrolled in a childcare facility in a public
building under the control of the Administrator, the Administrator
shall provide notice of the threat to the parents or guardians of each
child in the facility.
``(c) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Administrator shall transmit
to Congress a comprehensive report on childcare facilities in
public buildings under the control of the Administrator.
``(2) Contents.--The report to be transmitted under
paragraph (1) shall include--
``(A) an identification and description of each
childcare facility located in a public building under
the control of the Administrator; and
``(B) an assessment of the level of safety and
security of children enrolled in the childcare facility
and recommendations on methods for enhancing that
safety and security.
``(3) Windows and interior furnishings.--In conducting an
assessment of a childcare facility under paragraph (2)(B), the
Administrator shall examine the windows and interior
furnishings of the facility to determine whether adequate
protective measures have been implemented to protect children
in the facility against the dangers associated with windows and
interior furnishings in the event of a natural disaster or
terrorist attack, including the deadly effect of flying
glass.''.
TITLE II--FEDERAL PROTECTIVE SERVICE REFORM
SEC. 201. SHORT TITLE.
This title may be cited as the ``Federal Protective Service Reform
Act of 2000''.
SEC. 202. DESIGNATION OF POLICE OFFICERS.
The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended--
(1) in section 1 by striking the section heading and
inserting the following:
``SECTION 1. POLICE OFFICERS.'';
(2) in sections 1 and 3 by striking ``special policemen''
each place it appears and inserting ``police officers'';
(3) in section 1(a) by striking ``uniformed guards'' and
inserting ``certain employees''; and
(4) in section 1(b) by striking ``Special policemen'' and
inserting the following:
``(1) In general.--Police officers''.
SEC. 203. POWERS.
Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is
further amended--
(1) by adding at the end the following:
``(2) Additional powers.--Subject to paragraph (3), a
police officer appointed under this section is authorized while
on duty--
``(A) to carry firearms in any State, the District
of Columbia, the Commonwealth of Puerto Rico, or any
territory or possession of the United States;
``(B) to petition Federal courts for arrest and
search warrants and to execute such warrants;
``(C) to arrest an individual without a warrant if
the individual commits a crime in the officer's
presence or if the officer has probable cause to
believe that the individual has committed a crime or is
committing a crime; and
``(D) to conduct investigations, on and off the
property in question, of offenses that have been or may
be committed against property under the charge and
control of the Administrator or against persons on such
property.
``(3) Approval of regulations by attorney general.--The
additional powers granted to police officers under paragraph
(2) shall become effective only after the Commissioner of the
Federal Protective Service issues regulations implementing
paragraph (2) and the Attorney General of the United States
approves such regulations.
``(4) Authority outside federal property.--The
Administrator may enter into agreements with State and local
governments to obtain authority for police officers appointed
under this section to exercise, concurrently with State and
local law enforcement authorities, the powers granted to such
officers under this section in areas adjacent to property owned
or occupied by the United States and under the charge and
control of the Administrator.''; and
(2) by moving the left margin of paragraph (1) (as
designated by section 202(4) of this Act) so as to
appropriately align with paragraphs (2), (3), and (4) (as added
by paragraph (1) of this subsection).
SEC. 204. PENALTIES.
Section 4(a) of the Act of June 1, 1948 (40 U.S.C. 318c(a)), is
amended to read as follows:
``(a) In General.--Except as provided in subsection (b), whoever
violates any rule or regulation promulgated pursuant to section 2 shall
be fined or imprisoned, or both, in an amount not to exceed the maximum
amount provided for a Class C misdemeanor under sections 3571 and 3581
of title 18, United States Code.''.
SEC. 205. SPECIAL AGENTS.
Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended--
(1) by striking ``nonuniformed special policemen'' each
place it appears and inserting ``special agents'';
(2) by striking ``special policeman'' and inserting
``special agent''; and
(3) by adding at the end the following: ``Any such special
agent while on duty shall have the same authority outside
Federal property as police officers have under section
1(b)(4).''.
SEC. 206. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.
(a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is
amended by adding at the end the following:
``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.
``(a) In General.--The Administrator of General Services shall
establish the Federal Protective Service as a separate operating
service of the General Services Administration.
``(b) Appointment of Commissioner.--
``(1) In general.--The Federal Protective Service shall be
headed by a Commissioner who shall be appointed by and report
directly to the Administrator.
``(2) Qualifications.--The Commissioner shall be appointed
from among individuals who have at least 5 years of
professional law enforcement experience in a command or
supervisory position.
``(c) Duties of the Commissioner.--The Commissioner shall--
``(1) assist the Administrator in carrying out the duties
of the Administrator under this Act;
``(2) except as otherwise provided by law, serve as the law
enforcement officer and security official of the United States
with respect to the protection of Federal officers and
employees in buildings and areas that are owned or occupied by
the United States and under the charge and control of the
Administrator (other than buildings and areas that are secured
by the United States Secret Service);
``(3) render necessary assistance, as determined by the
Administrator, to other Federal, State, and local law
enforcement agencies upon request; and
``(4) coordinate the activities of the Commissioner with
the activities of the Commissioner of the Public Buildings
Service.
Nothing in this subsection may be construed to supersede or otherwise
affect the duties and responsibilities of the United States Secret
Service under sections 1752 and 3056 of title 18, United States Code.
``(d) Appointment of Regional Directors and Assistant
Commissioners.--
``(1) In general.--The Commissioner may appoint regional
directors and assistant commissioners of the Federal Protective
Service.
``(2) Qualifications.--The Commissioner shall select
individuals for appointments under paragraph (1) from among
individuals who have at least 5 years of direct law enforcement
experience, including at least 2 years in a supervisory
position.''.
(b) Pay Level of Commissioner.--Section 5316 of title 5, United
States Code, is amended by inserting after the paragraph relating to
the Commissioner of the Public Buildings Service the following:
``Commissioner, Federal Protective Service, General
Services Administration.''.
SEC. 207. PAY AND BENEFITS.
The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by
adding at the end the following:
``SEC. 7. PAY AND BENEFITS.
``(a) Survey.--The Director of the Office of Personnel Management
shall conduct a survey of the pay and benefits of all Federal police
forces to determine whether there are disparities between the pay and
benefit of such forces that are not commensurate with differences in
duties or working conditions.
``(b) Report.--Not later than 12 months after the date of the
enactment of this section, the Director shall transmit to Congress a
report containing the results of the survey conducted under subsection
(a), together with the Director's findings and recommendations.''.
SEC. 208. NUMBER OF POLICE OFFICERS.
(a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is
further amended by adding at the end the following:
``SEC. 8. NUMBER OF POLICE OFFICERS.
``After the 1-year period beginning on the date of the enactment of
this section, there shall be at least 730 full-time equivalent police
officers in the Federal Protective Service. This number shall not be
reduced unless specifically authorized by law.''.
SEC. 209. EMPLOYMENT STANDARDS AND TRAINING.
The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by
adding at the end the following:
``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.
``The Commissioner of the Federal Protective Service shall
prescribe minimum standards of suitability for employment to be applied
in the contracting of security personnel for buildings and areas that
are owned or occupied by the United States and under the control and
charge of the Administrator of General Services.''.
SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by
adding at the end the following:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated from the Federal Buildings
Fund established by section 210(f) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490(f)) such sums as may
be necessary to carry out this Act.''.
Passed the House of Representatives September 26, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Requires the Administrator, after being informed of a serious threat that could affect the safety and security of children enrolled in such a childcare facility, to provide notice of the threat to the parents or guardians of each child in the facility.
Requires the Administrator to transmit to Congress a comprehensive report on such childcare facilities which includes: (1) an identification and description of each facility; and (2) an assessment of the level of safety and security of children enrolled in the facility and recommendations for enhancing that safety and security. Requires that the Administrator, in conducting such an assessment, examine the windows and interior furnishings of the facility to determine whether adequate protective measures have been implemented to protect children against the dangers associated with windows and interior furnishings in the event of a natural disaster or terrorist attack, including the deadly effect of flying glass.
Title II: Federal Protective Service Reform
- Federal Protective Service Reform Act of 2000 - Amends the Act of June 1, 1948, to redesignate special policemen of the General Services Administration (GSA) as police officers.
(Sec. 203) Empowers such police officers while on duty (effective only after the Commissioner of the Federal Protective Service (FPS, established in section 206 of this Act) issues regulations implementing this section and the Attorney General approves such regulations) to: (1) carry firearms; (2) petition Federal courts for and execute arrest and search warrants; (3) make arrests without a warrant; and (4) conduct investigations, on and off the property, of offenses on such property. Authorizes the Administrator to enter into agreements with State and local governments to obtain authority for police officers appointed under the Act to exercise, concurrently with State and local law enforcement authorities, the powers granted to such officers under this section in areas adjacent to property owned or occupied by the United States and under the charge and control of the Administrator.
(Sec. 204) Increases the maximum penalty for violations of any rules or regulations with respect to Federal property.
(Sec. 205) Empowers special agents with the same authority outside Federal property as police officers have.
(Sec. 206) Directs the Administrator to establish the FPS as a separate operating service of GSA. Provides for the FPS to be headed by a Commissioner who: (1) shall be appointed by and report directly to the Administrator; and (2) has at least five years of professional law enforcement experience in a command or supervisory position. Requires the Commissioner to: (1) assist the Administrator; (2) serve as the U.S. law enforcement officer and security official with respect to the protection of Federal officers and employees in such property (other than buildings and areas that are secured by the United States Secret Service), except as otherwise prohibited by law; (3) render assistance to other Federal, State, and local law enforcement agencies upon request; and (4) coordinate his or her activities with those of the Commissioner of the Public Buildings Service.
(Sec. 207) Requires the Director of the Office of Personnel Management to: (1) conduct a survey of the pay and benefits of all Federal police forces to determine whether there are any disparities between the pay and benefit of such forces that are not commensurate with differences in duties or working conditions; and (2) transmit to Congress a report containing the results of such survey, together with the Director's findings and recommendations.
(Sec. 208) Requires there to be at least 730 full-time police officers in the FPS one year after the enactment of this Act. Prohibits any reduction in such number of officers unless specifically authorized by law.
(Sec. 209) Directs the Commissioner to prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for Federal property.
(Sec. 210) Authorizes appropriations from the Federal Buildings Fund. | [
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