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110_hr6943
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SECTION 1. ALGAE DERIVED FUEL CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 40A the following new section:
``SEC. 40B. ALGAE DERIVED FUEL CREDIT.
``(a) General Rule.--For purposes of section 38, the algae derived
fuel credit determined under this section for the taxable year is an
amount equal to the product of $1.50 and the gallons of algae derived
fuel--
``(1) produced by the taxpayer and sold at retail for use
as a fuel or used during the taxable year by the taxpayer in a
trade or business, or
``(2) used by the taxpayer in the production of a mixture
with another fuel and sold for use as a fuel or used by the
taxpayer during the taxable year for use as a fuel in a trade
or business.
``(b) Coordination With Credit Against Excise Tax.--The amount of
the credit determined under this section with respect to any algae
derived fuel shall be properly reduced to take into account any benefit
provided with respect to such algae derived fuel solely by reason of
the application of section 6426 or 6427(e).
``(c) Definition of Algae Derived Fuel.--For purposes of this
section--
``(1) The term `algae derived fuel' means a liquid
hydrocarbon product that is substantially similar to current
commercial fuels derived from petroleum and is derived from the
biomass of algal organisms. Such term shall not include any
liquid with respect to which a credit may be determined under
section 40 or 40A.
``(2) The term `algal organisms' means single or multi-
cellular organisms which are inherently photosynthetic and
aquatic.
``(d) Mixture or Algae Derived Fuel Not Used as a Fuel, etc.--For
purposes of this section, rules similar to the rules of paragraphs (3)
and (4) of section 40A(d) shall apply.
``(e) Termination.--This section shall not apply to any sale or use
after December 31, 2012.''.
(b) Credit Treated as Part of General Business Credit.--Section
38(b) of such Code is amended by striking ``plus'' at the end of
paragraph (32), by striking the period at the end of paragraph (33) and
inserting ``, plus'', and by inserting after paragraph (33) the
following new paragraph:
``(34) the biodiesel fuels credit determined under section
40B(a).''.
(c) Credit Included in Income.--Section 87 of such Code is amended
by striking ``and'' at the end of paragraph (1), by striking the period
at the end of paragraph (2) and inserting ``, and'', and by inserting
after paragraph (2) the following new paragraph:
``(3) the algae derived fuels credit determined with
respect to the taxpayer for the taxable year under section
40B(a).''.
(d) Deduction for Unused Credit.--Section 196(c) of such Code is
amended by striking ``and'' at the end of paragraph (12), by striking
the period at the end of paragraph (13) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(14) the algae derived fuels credit determined under
section 40B(a).''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 40A the following new
item:
``Sec. 40B. Algae derived fuel credit.''.
(f) Effective Date.--The amendments made by this section shall
apply to fuels sold or used in taxable years beginning after the date
of the enactment of this Act.
SEC. 2. EXCISE TAX CREDIT PARITY FOR ALGAE DERIVED FUEL.
(a) Allowance of Credit.--Paragraph (1) of section 6426(a) of the
Internal Revenue Code of 1986 is amended by striking ``and (e)'' and
inserting ``(e), and (f)''.
(b) Algae Derived Fuel Mixture Credit.--Section 6426 of the
Internal Revenue Code of 1986 is amended by redesignating subsections
(f), (g), and (h) as subsections (g), (h), and (i), respectively, and
by inserting after subsection (e) the following new subsection:
``(f) Algae Derived Fuel Mixture Credit.--
``(1) In general.--For purposes of this section, the algae
derived fuel credit is the product of $1.50 and the number of
gallons--
``(A) of algae derived fuel produced by the
taxpayer and sold at retail for use as a fuel or used
by the taxpayer in a trade or business of the taxpayer,
and
``(B) of algae derived fuel used by the taxpayer in
producing any mixture of such fuel with any other fuel
subsequently sold for use as a fuel or used by the
taxpayer for use as a fuel in a trade or business of
the taxpayer.
``(2) Algae derived fuel.--For the purposes of this
section, the term `algae derived fuel' shall have the same
meaning given such term in section 40B.
``(3) Termination.--This subsection shall not apply to any
sale or use after December 31, 2012.''.
(c) Effective Date.--The amendments made by this section shall
apply to fuels sold or used for any period after the date of the
enactment of this Act.
SEC. 3. PARITY REGARDING PAYMENTS FOR FUEL MIXTURE.
(a) In General.--Paragraph (1) of section 6427(e) of the Internal
Revenue Code of 1986 is amended by inserting ``or algae derived fuel
mixture credit'' after ``alternative fuel mixture credit''.
(b) Termination.--Paragraph (5) of section 6427(e) of such Code is
amended by striking ``and'' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D) and inserting ``, and'', by
inserting after subparagraph (D) the following new subparagraph:
``(E) any algae based fuel mixture sold or used
after December 31, 2012.''.
(c) Conforming Amendment.--The heading for section 6427(e) of such
Code is amended by striking ``and Biodiesel Mixtures'' and inserting
``, Biodiesel Mixtures, and Algae Derived Mixtures''.
(d) Effective Date.--The amendments made by this section shall
apply to fuels sold or used for any period after the date of the
enactment of this Act.
|
Amends the Internal Revenue Code to allow an income and excise tax credit for the production of algae derived fuel and fuel mixtures. Defines algae derived fuel as a liquid hydrocarbon product that is derived from the biomass of algal organisms . Terminates such credits after 2012.
|
To amend the Internal Revenue Code of 1986 to provide for a credit for algae derived fuels, and for other purposes.
| 6,388
| 282
|
<SECTION-HEADER> ALGAE DERIVED FUEL CREDIT. In General. Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 40A the following new section: "Section 40B. ALGAE DERIVED FUEL CREDIT. General Rule. For purposes of section 38, the algae derived fuel credit determined under this section for the taxable year is an amount equal to the product of $1.50 and the gallons of algae derived fuel produced by the taxpayer and sold at retail for use as a fuel or used during the taxable year by the taxpayer in a trade or business, or used by the taxpayer in the production of a mixture with another fuel and sold for use as a fuel or used by the taxpayer during the taxable year for use as a fuel in a trade or business. Coordination With Credit Against Excise Tax. The amount of the credit determined under this section with respect to any algae derived fuel shall be properly reduced to take into account any benefit provided with respect to such algae derived fuel solely by reason of the application of section 6426 or 6427(e). Definition of Algae Derived Fuel. For purposes of this section The term `algae derived fuel' means a liquid hydrocarbon product that is substantially similar to current commercial fuels derived from petroleum and is derived from the biomass of algal organisms. Such term shall not include any liquid with respect to which a credit may be determined under section 40 or 40A. The term `algal organisms' means single or multi- cellular organisms which are inherently photosynthetic and aquatic. Mixture or Algae Derived Fuel Not Used as a Fuel, etc. For purposes of this section, rules similar to the rules of paragraphs (3) and (4) of section 40A(d) shall apply. Termination. This section shall not apply to any sale or use after December 31, 2012.". Credit Treated as Part of General Business Credit. Section 38(b) of such Code is amended by striking "plus" at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ", plus", and by inserting after paragraph (33) the following new paragraph: the biodiesel fuels credit determined under section 40B(a).". Credit Included in Income. Section 87 of such Code is amended by striking "and" at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ", and", and by inserting after paragraph (2) the following new paragraph: the algae derived fuels credit determined with respect to the taxpayer for the taxable year under section 40B(a).". Deduction for Unused Credit. Section 196(c) of such Code is amended by striking "and" at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ", and", and by adding at the end the following new paragraph: the algae derived fuels credit determined under section 40B(a).". Clerical Amendment. The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 40A the following new item: "Section 40B. Algae derived fuel credit.". Effective Date. The amendments made by this section shall apply to fuels sold or used in taxable years beginning after the date of the enactment of this Act. <SECTION-HEADER> EXCISE TAX CREDIT PARITY FOR ALGAE DERIVED FUEL. Allowance of Credit. Paragraph (1) of section 6426(a) of the Internal Revenue Code of 1986 is amended by striking "and (e)" and inserting "(e), and (f)". Algae Derived Fuel Mixture Credit. Section 6426 of the Internal Revenue Code of 1986 is amended by redesignating subsections , (g), and (h) as subsections (g), (h), and (i), respectively, and by inserting after subsection (e) the following new subsection: Algae Derived Fuel Mixture Credit. In general. For purposes of this section, the algae derived fuel credit is the product of $1.50 and the number of gallons of algae derived fuel produced by the taxpayer and sold at retail for use as a fuel or used by the taxpayer in a trade or business of the taxpayer, and of algae derived fuel used by the taxpayer in producing any mixture of such fuel with any other fuel subsequently sold for use as a fuel or used by the taxpayer for use as a fuel in a trade or business of the taxpayer. Algae derived fuel. For the purposes of this section, the term `algae derived fuel' shall have the same meaning given such term in section 40B. Termination. This subsection shall not apply to any sale or use after December 31, 2012.". Effective Date. The amendments made by this section shall apply to fuels sold or used for any period after the date of the enactment of this Act. <SECTION-HEADER> PARITY REGARDING PAYMENTS FOR FUEL MIXTURE. In General. Paragraph (1) of section 6427(e) of the Internal Revenue Code of 1986 is amended by inserting "or algae derived fuel mixture credit" after "alternative fuel mixture credit". Termination. Paragraph (5) of section 6427(e) of such Code is amended by striking "and" at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ", and", by inserting after subparagraph (D) the following new subparagraph: any algae based fuel mixture sold or used after December 31, 2012.". Conforming Amendment. The heading for section 6427(e) of such Code is amended by striking "and Biodiesel Mixtures" and inserting ", Biodiesel Mixtures, and Algae Derived Mixtures". Effective Date. The amendments made by this section shall apply to fuels sold or used for any period after the date of the enactment of this Act.
|
Amends the Internal Revenue Code to allow an income and excise tax credit for the production of algae derived fuel and fuel mixtures. Defines algae derived fuel as a liquid hydrocarbon product that is derived from the biomass of algal organisms . Terminates such credits after 2012.
|
To amend the Internal Revenue Code of 1986 to provide for a credit for algae derived fuels, and for other purposes.
|
105_hr4355
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Year 2000 Information Disclosure
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Thousands of computer systems, software, and
semiconductors are not capable of recognizing certain dates in
1999 and after December 31, 1999, and will read dates in the
year 2000 and thereafter as if they represent the year 1900 or
thereafter. This could cripple systems that are essential to
the functioning of markets, commerce, consumer products,
utilities, government, and safety systems in the United States
and throughout the world. Reprogramming or replacing affected
systems before this problem cripples essential systems is a
matter of national and global interest.
(2) The prompt and thorough disclosure and exchange of
information related to Year 2000 readiness of entities,
products, and services would greatly enhance the ability of
public and private entities to improve their Year 2000
readiness and, thus, is a matter of national importance and a
vital factor in minimizing disruption to the Nation's economic
well-being.
(3) Concern about the potential for legal liability
associated with the disclosure and exchange of Year 2000
compliance information is impeding the disclosure and exchange
of such information.
(4) The capability to freely disseminate and exchange
information relating to Year 2000 readiness with the public and
with other companies without undue concern about litigation is
critical to the ability of public and private entities to
address Year 2000 needs in a timely manner.
(5) The national interest will be served by uniform legal
standards in connection with the disclosure and exchange of
Year 2000 readiness information that will promote disclosures
and exchanges of such information in a timely fashion.
(b) Purposes.--Based upon the powers contained in Article I,
Section 8, Clause 3 of the United States Constitution, the purposes of
this Act are to promote the free disclosure and exchange of information
related to Year 2000 readiness and to lessen burdens on interstate
commerce by establishing certain uniform legal principles in connection
with the disclosure and exchange of information related to Year 2000
readiness.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Year 2000 statement.--The term ``Year 2000 statement''
means any statement--
(A) concerning an assessment, projection, or
estimate concerning Year 2000 processing capabilities
of any entity or entities, product, or service, or a
set of products or services;
(B) concerning plans, objectives, or timetables for
implementing or verifying the Year 2000 processing
capabilities of an entity or entities, a product, or
service, or a set of products or services; or
(C) concerning test plans, test dates, test
results, or operational problems or solutions related
to Year 2000 processing by--
(i) products; or
(ii) services that incorporate or utilize
products.
(2) Statement.--The term ``statement'' means a disclosure
or other conveyance of information by 1 party to another or to
the public, in any form or medium whatsoever, excluding, for
the purposes of any actions brought under the securities laws,
as that term is defined in section 3(a)(47) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), documents or
materials filed with the Securities and Exchange Commission, or
with Federal banking regulators pursuant to section 12(i)
of the Securities Exchange Act of 1934, or disclosures or writings made
specifically in connection with the sale or offering of securities.
(3) Year 2000 processing.--The term ``Year 2000
processing'' means the processing (including, without
limitation, calculating, comparing, sequencing, displaying, or
storing), transmitting, or receiving of date or date/time data
from, into, and between the twentieth and twenty-first
centuries, and the years 1999 and 2000, and leap year
calculations.
(4) Year 2000 internet website.--The term ``Year 2000
Internet website'' means an Internet website or other similar
electronically accessible service, designated on the website or
service by the person creating or controlling the website or
service as an area where Year 2000 statements and other
information about the Year 2000 processing capabilities of an
entity or entities, a product, service, or a set of products or
services, are posted or otherwise made accessible to the
general public.
(5) Covered action.--The term ``covered action'' means a
civil action arising under Federal or State, law except for any
civil action arising under Federal or State law brought by a
Federal, State, or other public entity, agency, or authority
acting in a regulatory, supervisory, or enforcement capacity.
(6) Republication.--The term ``republication'' means any
repetition of a statement originally made by another.
(7) Consumer.--The term ``consumer'' means an individual
who buys a consumer product other than for purposes of resale.
(8) Consumer product.--The term ``consumer product'' means
any personal property or service which is normally used for
personal, family, or household purposes.
SEC. 4. PROTECTION FOR YEAR 2000 STATEMENTS.
(a) In General.--Except as otherwise provided in subsection (c), in
any covered action, to the extent such action is based on an allegedly
false, inaccurate, or misleading Year 2000 statement, the maker of any
such statement shall not be liable under Federal or State law with
respect thereto unless the claimant establishes, in addition to all
other requisite elements of the applicable action, that the statement
was material, and--
(1) where the statement was not a republication, that the
statement was--
(A) made with knowledge that the statement was
false, inaccurate, or misleading;
(B) made with an intent to mislead or deceive; or
(C) made with a grossly negligent failure to
determine or verify that the statement was accurate and
not false or misleading; and
(2) where the statement was a republication of a statement
regarding a third party, that the republication was made--
(A) with knowledge that the statement was false,
inaccurate, or misleading; or
(B) without a disclosure by the maker that the
republished or repeated statement is based on
information supplied by another and that the maker has
not verified the statement.
(b) Year 2000 Internet Website.--In any covered action in which the
adequacy of notice about Year 2000 processing is at issue and no
clearly more effective method of notice is practicable, the posting of
a notice by the entity purporting to have provided such notice on that
entity's Year 2000 Internet website shall be presumed to be an adequate
mechanism for providing such notice. Nothing in this subsection shall--
(1) alter or amend any Federal or State statute or
regulation requiring that notice about Year 2000 processing be
provided using a different mechanism;
(2) create a duty to provide notice about Year 2000
processing;
(3) preclude or suggest the use of any other medium for
notice about Year 2000 processing or require the use of an
Internet website; or
(4) mandate the content or timing of any notices about Year
2000 processing.
(c) Defamation or Similar Claims.--In any covered action arising
under any Federal or State law of defamation, or any Federal or State
law relating to trade disparagement or a similar claim, to the extent
such action is based on an allegedly false Year 2000 statement, whether
oral or published in any medium, the maker of any such Year 2000
statement shall not be liable with respect to such statement, unless
the claimant establishes by clear and convincing evidence, in addition
to all other requisite elements of the applicable action, that the
statement was made with knowledge that the statement was false or with
reckless disregard as to its truth or falsity.
(d) Limitation on Effect of Year 2000 Statements.--In any covered
action, no Year 2000 statement shall be interpreted or construed as an
amendment to or alteration of a written contract or written warranty,
whether entered into by a public or private party. This subsection
shall not apply--
(1) to the extent the party whose statement is alleged to
have amended or altered a contract or warranty has otherwise
agreed in writing to so alter or amend the written contract or
written warranty;
(2) to Year 2000 statements made in conjunction with the
formation of the written contract or written warranty; or
(3) where the contract or warranty specifically provides
for its amendment or alteration through the making of a Year
2000 statement.
Existing law shall apply to determine what effect, if any, a Year 2000
statement within the scope of paragraph (1), (2), or (3) has on a
written contract or written warranty.
(e) Special Data Gathering.--A Federal entity, agency, or authority
may expressly designate requests for the voluntary provision of
information relating to Year 2000 processing (including without
limitation, Year 2000 statements) as ``Special Year 2000 Data Gathering
Requests'' made pursuant to this subsection. Information provided in
response to such requests shall be prohibited from disclosure under the
Freedom of Information Act (5 U.S.C. 552 et seq.), and may not be used
by any Federal entity, agency, or authority, directly or indirectly, in
any civil action arising under any Federal or State law: Provided,
however, That nothing in this subsection shall preclude a Federal
entity, agency, or authority from separately obtaining the information
submitted in response to this subsection through the use of independent
legal authorities and using such separately obtained information in any
action.
SEC. 5. EXCLUSIONS.
(a) Consumer Information.--This Act does not cover statements made
directly to a consumer in connection with the sale of a consumer
product by the seller or manufacturer or provider of the consumer
product.
(b) Effect on Information Disclosure.--This Act does not affect,
abrogate, amend, or alter, and shall not be construed to affect,
abrogate, amend, or alter, the authority of a Federal or State entity,
agency, or authority to enforce a requirement to provide, disclose, or
not to disclose, information under a Federal or State statute or
regulation or to enforce such statute or regulation.
(c) Contracts and Other Claims.--Except as may be otherwise
provided in subsection 4(d), this Act does not affect, abrogate, amend,
or alter, and shall not be construed to affect, abrogate, amend, or
alter, any right by written contract, whether entered into by a public
or private party, under any Federal or State law, nor shall it preclude
claims not based solely on Year 2000 statements.
(d) Duty or Standard of Care.--This Act shall not be deemed to
impose upon the maker or publisher of any Year 2000 statement any
increased obligation, duty, or standard of care than is otherwise
applicable under Federal or State law. Nor does this Act preclude any
party from making or providing any additional disclaimer or like
provisions in connection with any Year 2000 statement.
(e) Trademarks.--This Act does not affect, abrogate, amend, or
alter, and shall not be construed to affect, abrogate, amend, or alter,
any right in a trademark, trade name, or service mark, under any
Federal or State law.
(f) Injunctive Relief.--Nothing in this Act shall be deemed to
preclude a claimant from seeking temporary or permanent injunctive
relief with respect to a Year 2000 statement.
SEC. 6. APPLICABILITY.
This Act shall apply to any Year 2000 statement made on or after
July 14, 1998, through July 14, 2001. This Act shall not affect or
apply to any action pending on July 14, 1998.
|
Year 2000 Information Disclosure Act - Provides that, in any covered civil action based on an allegedly false, inaccurate, or misleading statement concerning Year 2000 computer compliance information , the maker of such statement shall not be liable unless the claimant establishes that the statement: (1) was material. (2) where not a republication, was made with knowledge that it was false, inaccurate, or misleading, with an intent to mislead or deceive, or with a grossly negligent failure to determine or verify its accuracy. And (3) where it was a republication of a statement regarding a third party, was made with knowledge that it was false, inaccurate, or misleading and without disclosure that it was based on information supplied by another and that the maker has not verified the statement. Provides that, in any covered action in which the adequacy of notice about Year 2000 processing is at issue and no clearly more effective method of notice is practicable, the posting of notice by the entity purporting to have provided such notice on that entity's Year 2000 Internet website shall be presumed to be an adequate mechanism for providing such notice. Provides that, in any covered action arising under any Federal or State defamation law or law relating to trade disparagement or a similar claim, to the extent such action is based on an allegedly false Year 2000 statement, the maker shall not be liable unless the claimant establishes by clear and convincing evidence that the statement was made with knowledge that it was false or with reckless disregard of its truth. Prohibits in any covered action a Year 2000 statement from being interpreted or construed as an amendment to or alteration of a written contract or warranty, whether entered into by a public or private party . Authorizes a Federal entity, agency, or authority to expressly designate requests for the voluntary provision of information relating to Year 2000 processing as Special Year 2000 Data Gathering Requests, thereby protecting information received from such requests from: (1) disclosure under the Freedom of Information Act. And (2) use by any Federal entity, agency, or authority in any civil action arising under any Federal or State law . Provides exclusions from this Act. Makes this Act applicable to any Year 2000 statement made on or after July 14, 1998, through July 14, 2001.
|
Year 2000 Information Disclosure Act
| 13,209
| 2,381
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Year 2000 Information Disclosure Act". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. The Congress finds the following: Thousands of computer systems, software, and semiconductors are not capable of recognizing certain dates in 1999 and after December 31, 1999, and will read dates in the year 2000 and thereafter as if they represent the year 1900 or thereafter. This could cripple systems that are essential to the functioning of markets, commerce, consumer products, utilities, government, and safety systems in the United States and throughout the world. Reprogramming or replacing affected systems before this problem cripples essential systems is a matter of national and global interest. The prompt and thorough disclosure and exchange of information related to Year 2000 readiness of entities, products, and services would greatly enhance the ability of public and private entities to improve their Year 2000 readiness and, thus, is a matter of national importance and a vital factor in minimizing disruption to the Nation's economic well-being. Concern about the potential for legal liability associated with the disclosure and exchange of Year 2000 compliance information is impeding the disclosure and exchange of such information. The capability to freely disseminate and exchange information relating to Year 2000 readiness with the public and with other companies without undue concern about litigation is critical to the ability of public and private entities to address Year 2000 needs in a timely manner. The national interest will be served by uniform legal standards in connection with the disclosure and exchange of Year 2000 readiness information that will promote disclosures and exchanges of such information in a timely fashion. Purposes. Based upon the powers contained in Article I, Section 8, Clause 3 of the United States Constitution, the purposes of this Act are to promote the free disclosure and exchange of information related to Year 2000 readiness and to lessen burdens on interstate commerce by establishing certain uniform legal principles in connection with the disclosure and exchange of information related to Year 2000 readiness. <SECTION-HEADER> DEFINITIONS. For purposes of this Act, the following definitions apply: Year 2000 statement. The term "Year 2000 statement" means any statement concerning an assessment, projection, or estimate concerning Year 2000 processing capabilities of any entity or entities, product, or service, or a set of products or services. Concerning plans, objectives, or timetables for implementing or verifying the Year 2000 processing capabilities of an entity or entities, a product, or service, or a set of products or services. Or concerning test plans, test dates, test results, or operational problems or solutions related to Year 2000 processing by products. Or services that incorporate or utilize products. Statement. The term "statement" means a disclosure or other conveyance of information by 1 party to another or to the public, in any form or medium whatsoever, excluding, for the purposes of any actions brought under the securities laws, as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 USC. 78c(a)(47)), documents or materials filed with the Securities and Exchange Commission, or with Federal banking regulators pursuant to section 12(i) of the Securities Exchange Act of 1934, or disclosures or writings made specifically in connection with the sale or offering of securities. Year 2000 processing. The term "Year 2000 processing" means the processing , transmitting, or receiving of date or datetime data from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000, and leap year calculations. Year 2000 internet website. The term "Year 2000 Internet website" means an Internet website or other similar electronically accessible service, designated on the website or service by the person creating or controlling the website or service as an area where Year 2000 statements and other information about the Year 2000 processing capabilities of an entity or entities, a product, service, or a set of products or services, are posted or otherwise made accessible to the general public. Covered action. The term "covered action" means a civil action arising under Federal or State, law except for any civil action arising under Federal or State law brought by a Federal, State, or other public entity, agency, or authority acting in a regulatory, supervisory, or enforcement capacity. Republication. The term "republication" means any repetition of a statement originally made by another. Consumer. The term "consumer" means an individual who buys a consumer product other than for purposes of resale. Consumer product. The term "consumer product" means any personal property or service which is normally used for personal, family, or household purposes. <SECTION-HEADER> PROTECTION FOR YEAR 2000 STATEMENTS. In General. Except as otherwise provided in subsection (c), in any covered action, to the extent such action is based on an allegedly false, inaccurate, or misleading Year 2000 statement, the maker of any such statement shall not be liable under Federal or State law with respect thereto unless the claimant establishes, in addition to all other requisite elements of the applicable action, that the statement was material, and where the statement was not a republication, that the statement was made with knowledge that the statement was false, inaccurate, or misleading, made with an intent to mislead or deceive. Or made with a grossly negligent failure to determine or verify that the statement was accurate and not false or misleading. And where the statement was a republication of a statement regarding a third party, that the republication was made with knowledge that the statement was false, inaccurate, or misleading. Or without a disclosure by the maker that the republished or repeated statement is based on information supplied by another and that the maker has not verified the statement. Year 2000 Internet Website. In any covered action in which the adequacy of notice about Year 2000 processing is at issue and no clearly more effective method of notice is practicable, the posting of a notice by the entity purporting to have provided such notice on that entity's Year 2000 Internet website shall be presumed to be an adequate mechanism for providing such notice. Nothing in this subsection shall alter or amend any Federal or State statute or regulation requiring that notice about Year 2000 processing be provided using a different mechanism, create a duty to provide notice about Year 2000 processing. Preclude or suggest the use of any other medium for notice about Year 2000 processing or require the use of an Internet website. Or mandate the content or timing of any notices about Year 2000 processing. Defamation or Similar Claims. In any covered action arising under any Federal or State law of defamation, or any Federal or State law relating to trade disparagement or a similar claim, to the extent such action is based on an allegedly false Year 2000 statement, whether oral or published in any medium, the maker of any such Year 2000 statement shall not be liable with respect to such statement, unless the claimant establishes by clear and convincing evidence, in addition to all other requisite elements of the applicable action, that the statement was made with knowledge that the statement was false or with reckless disregard as to its truth or falsity. Limitation on Effect of Year 2000 Statements. In any covered action, no Year 2000 statement shall be interpreted or construed as an amendment to or alteration of a written contract or written warranty, whether entered into by a public or private party. This subsection shall not apply to the extent the party whose statement is alleged to have amended or altered a contract or warranty has otherwise agreed in writing to so alter or amend the written contract or written warranty. To Year 2000 statements made in conjunction with the formation of the written contract or written warranty. Or where the contract or warranty specifically provides for its amendment or alteration through the making of a Year 2000 statement. Existing law shall apply to determine what effect, if any, a Year 2000 statement within the scope of paragraph (1), (2), or (3) has on a written contract or written warranty. Special Data Gathering. A Federal entity, agency, or authority may expressly designate requests for the voluntary provision of information relating to Year 2000 processing as "Special Year 2000 Data Gathering Requests" made pursuant to this subsection. Information provided in response to such requests shall be prohibited from disclosure under the Freedom of Information Act , and may not be used by any Federal entity, agency, or authority, directly or indirectly, in any civil action arising under any Federal or State law: Provided, however, That nothing in this subsection shall preclude a Federal entity, agency, or authority from separately obtaining the information submitted in response to this subsection through the use of independent legal authorities and using such separately obtained information in any action. <SECTION-HEADER> EXCLUSIONS. Consumer Information. This Act does not cover statements made directly to a consumer in connection with the sale of a consumer product by the seller or manufacturer or provider of the consumer product. Effect on Information Disclosure. This Act does not affect, abrogate, amend, or alter, and shall not be construed to affect, abrogate, amend, or alter, the authority of a Federal or State entity, agency, or authority to enforce a requirement to provide, disclose, or not to disclose, information under a Federal or State statute or regulation or to enforce such statute or regulation. Contracts and Other Claims. Except as may be otherwise provided in subsection 4(d), this Act does not affect, abrogate, amend, or alter, and shall not be construed to affect, abrogate, amend, or alter, any right by written contract, whether entered into by a public or private party, under any Federal or State law, nor shall it preclude claims not based solely on Year 2000 statements. Duty or Standard of Care. This Act shall not be deemed to impose upon the maker or publisher of any Year 2000 statement any increased obligation, duty, or standard of care than is otherwise applicable under Federal or State law. Nor does this Act preclude any party from making or providing any additional disclaimer or like provisions in connection with any Year 2000 statement. Trademarks. This Act does not affect, abrogate, amend, or alter, and shall not be construed to affect, abrogate, amend, or alter, any right in a trademark, trade name, or service mark, under any Federal or State law. Injunctive Relief. Nothing in this Act shall be deemed to preclude a claimant from seeking temporary or permanent injunctive relief with respect to a Year 2000 statement. <SECTION-HEADER> APPLICABILITY. This Act shall apply to any Year 2000 statement made on or after July 14, 1998, through July 14, 2001. This Act shall not affect or apply to any action pending on July 14, 1998.
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Year 2000 Information Disclosure Act - Provides that, in any covered civil action based on an allegedly false, inaccurate, or misleading statement concerning Year 2000 computer compliance information , the maker of such statement shall not be liable unless the claimant establishes that the statement: (1) was material. (2) where not a republication, was made with knowledge that it was false, inaccurate, or misleading, with an intent to mislead or deceive, or with a grossly negligent failure to determine or verify its accuracy. And (3) where it was a republication of a statement regarding a third party, was made with knowledge that it was false, inaccurate, or misleading and without disclosure that it was based on information supplied by another and that the maker has not verified the statement. Provides that, in any covered action in which the adequacy of notice about Year 2000 processing is at issue and no clearly more effective method of notice is practicable, the posting of notice by the entity purporting to have provided such notice on that entity's Year 2000 Internet website shall be presumed to be an adequate mechanism for providing such notice. Provides that, in any covered action arising under any Federal or State defamation law or law relating to trade disparagement or a similar claim, to the extent such action is based on an allegedly false Year 2000 statement, the maker shall not be liable unless the claimant establishes by clear and convincing evidence that the statement was made with knowledge that it was false or with reckless disregard of its truth. Prohibits in any covered action a Year 2000 statement from being interpreted or construed as an amendment to or alteration of a written contract or warranty, whether entered into by a public or private party . Authorizes a Federal entity, agency, or authority to expressly designate requests for the voluntary provision of information relating to Year 2000 processing as Special Year 2000 Data Gathering Requests, thereby protecting information received from such requests from: (1) disclosure under the Freedom of Information Act. And (2) use by any Federal entity, agency, or authority in any civil action arising under any Federal or State law . Provides exclusions from this Act. Makes this Act applicable to any Year 2000 statement made on or after July 14, 1998, through July 14, 2001.
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Year 2000 Information Disclosure Act
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106_hr2671
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yankton Sioux Tribe and Santee Sioux
Tribe of Nebraska Development Trust Fund Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) by enacting the Act of December 22, 1944, commonly
known as the ``Flood Control Act of 1944'' (58 Stat. 887,
chapter 665; 33 U.S.C. 701-1 et seq.) Congress approved the
Pick-Sloan Missouri River Basin program (referred to in this
section as the ``Pick-Sloan program'')--
(A) to promote the general economic development of
the United States;
(B) to provide for irrigation above Sioux City,
Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(2) the waters impounded for the Fort Randall and Gavins
Point projects of the Pick-Sloan program have inundated the
fertile, wooded bottom lands along the Missouri River that
constituted the most productive agricultural and pastoral lands
of, and the homeland of, the members of the Yankton Sioux Tribe
and the Santee Sioux Tribe;
(3) the Fort Randall project (including the Fort Randall
Dam and Reservoir)--
(A) overlies the western boundary of the Yankton
Sioux Tribe Indian Reservation; and
(B) has caused the erosion of more than 400 acres
of prime land on the Yankton Sioux Reservation
adjoining the east bank of the Missouri River;
(4) the Gavins Point project (including the Gavins Point
Dam and Reservoir) overlies the eastern boundary of the Santee
Sioux Tribe;
(5) although the Fort Randall and Gavins Point projects are
major components of the Pick-Sloan program, and contribute to
the economy of the United States by generating a substantial
amount of hydropower and impounding a substantial quantity of
water, the reservations of the Yankton Sioux Tribe and the
Santee Sioux Tribe remain undeveloped;
(6) the United States Army Corps of Engineers took the
Indian lands used for the Fort Randall and Gavins Point
projects by condemnation proceedings;
(7) the Federal Government did not give Yankton Sioux Tribe
and the Santee Sioux Tribe an opportunity to receive
compensation for direct damages from the Pick-Sloan program,
even though the Federal Government gave 5 Indian reservations
upstream from the reservations of those Indian tribes such an
opportunity;
(8) the Yankton Sioux Tribe and the Santee Sioux Tribe did
not receive just compensation for the taking of productive
agricultural Indian lands through the condemnation referred to
in paragraph (6);
(9) the settlement agreement that the United States entered
into with the Yankton Sioux Tribe and the Santee Sioux Tribe to
provide compensation for the taking by condemnation referred to
in paragraph (6) did not take into account the increase in
property values over the years between the date of taking and
the date of settlement; and
(10) in addition to the financial compensation provided
under the settlement agreements referred to in paragraph (9)--
(A) the Yankton Sioux Tribe should receive an
aggregate amount equal to $34,323,743 for--
(i) the loss value of 2,851.40 acres of
Indian land taken for the Fort Randall Dam and
Reservoir of the Pick-Sloan program; and
(ii) the use value of 408.40 acres of
Indian land on the reservation of that Indian
tribe that was lost as a result of stream bank
erosion that has occurred since 1953; and
(B) the Santee Sioux Tribe should receive an
aggregate amount equal to $8,132,838 for the loss value
of--
(i) 593.10 acres of Indian land located
near the Santee village; and
(ii) 414.12 acres on Niobrara Island of the
Santee Sioux Tribe Indian Reservation used for
the Gavins Point Dam and Reservoir.
SEC. 3. DEFINITIONS.
In this Act:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(2) Program.--The term ``Program'' means the power program
of the Pick-Sloan Missouri River Basin program, administered by
the Western Area Power Administration.
(3) Santee sioux tribe.--The term ``Santee Sioux Tribe''
means the Santee Sioux Tribe of Nebraska.
(4) Tribal plan.--The term ``Tribal Plan'' means a plan
developed pursuant to section 6.
SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Yankton Sioux Tribe
Development Trust Fund'' (referred to in this section as the ``Fund'').
The Fund shall consist of any amounts deposited in the Fund under this
Act.
(b) Funding.--Out of any money in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall deposit $34,323,743
into the Fund not later than 60 days after the date of enactment of
this Act.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) in interest-bearing obligations
of the United States or in obligations guaranteed as to both principal
and interest by the United States. The Secretary of the Treasury shall
deposit interest resulting from such investments into the Fund.
(d) Payment of Interest to Yankton Sioux Tribe.--
(1) Withdrawal of interest.--Beginning at the end of the
first fiscal year in which interest is deposited into the Fund,
the Secretary of the Treasury shall withdraw the aggregate
amount of interest deposited into the Fund for that fiscal year
and transfer that amount to the Secretary of the Interior for
use in accordance with paragraph (2). Each amount so
transferred shall be available without fiscal year limitation.
(2) Payments to yankton sioux tribe.--
(A) In general.--The Secretary of the Interior
shall use the amounts transferred under paragraph (1)
only for the purpose of making payments to the Yankton
Sioux Tribe, as such payments are requested by that
Indian tribe pursuant to tribal resolution.
(B) Limitation.--Payments may be made by the
Secretary of the Interior under subparagraph (A) only
after the Yankton Sioux Tribe has adopted a Tribal
Plan.
(C) Use of payments by yankton sioux tribe.--The
Yankton Sioux Tribe shall use the payments made under
subparagraph (A) only for carrying out projects and
programs under the Tribal Plan.
(D) Pledge of future payments.--
(i) In general.--Subject to clause (ii),
the Yankton Sioux Tribe may enter into an
agreement under which that Indian tribe pledges
future payments under this paragraph as
security for a loan or other financial
transaction.
(ii) Limitations.--The Yankton Sioux
Tribe--
(I) may enter into an agreement
under clause (i) only in connection
with the purchase of land or other
capital assets; and
(II) may not pledge, for any year
under an agreement referred to in
clause (i), an amount greater than 40
percent of any payment under this
paragraph for that year.
(e) Transfers and Withdrawals.--Except as provided in subsections
(c) and (d)(1), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).
SEC. 5. SANTEE SIOUX TRIBE OF NEBRASKA DEVELOPMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Santee Sioux Tribe of
Nebraska Development Trust Fund'' (referred to in this section as the
``Fund''). The Fund shall consist of any amounts deposited in the Fund
under this Act.
(b) Funding.--Out of any money in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall deposit $8,132,838
into the Fund not later than 60 days after the date of enactment of
this Act.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) in interest-bearing obligations
of the United States or in obligations guaranteed as to both principal
and interest by the United States. The Secretary of the Treasury shall
deposit interest resulting from such investments into the Fund.
(d) Payment of Interest to Santee Sioux Tribe.--
(1) Withdrawal of interest.--Beginning at the end of the
first fiscal year in which interest is deposited into the Fund,
the Secretary of the Treasury shall withdraw the aggregate
amount of interest deposited into the Fund for that fiscal year
and transfer that amount to the Secretary of the Interior for
use in accordance with paragraph (2). Each amount so
transferred shall be available without fiscal year limitation.
(2) Payments to santee sioux tribe.--
(A) In general.--The Secretary of the Interior
shall use the amounts transferred under paragraph (1)
only for the purpose of making payments to the Santee
Sioux Tribe, as such payments are requested by that
Indian tribe pursuant to tribal resolution.
(B) Limitation.--Payments may be made by the
Secretary of the Interior under subparagraph (A) only
after the Santee Sioux Tribe has adopted a Tribal Plan.
(C) Use of payments by santee sioux tribe.--The
Santee Sioux Tribe shall use the payments made under
subparagraph (A) only for carrying out projects and
programs under the Tribal Plan.
(D) Pledge of future payments.--
(i) In general.--Subject to clause (ii),
the Santee Sioux Tribe may enter into an
agreement under which that Indian tribe pledges
future payments under this paragraph as
security for a loan or other financial
transaction.
(ii) Limitations.--The Santee Sioux Tribe--
(I) may enter into an agreement
under clause (i) only in connection
with the purchase of land or other
capital assets; and
(II) may not pledge, for any year
under an agreement referred to in
clause (i), an amount greater than 40
percent of any payment under this
paragraph for that year.
(e) Transfers and Withdrawals.--Except as provided in subsections
(c) and (d)(1), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).
SEC. 6. TRIBAL PLANS.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the tribal council of each of the Yankton Sioux
and Santee Sioux Tribes shall prepare a plan for the use of the
payments to the Indian tribe under section 4(d) or 5(d).
(b) Contents of Tribal Plan.--Each Tribal Plan shall provide for
the manner in which the Indian tribe covered under the Tribal Plan
shall expend payments to the Indian tribe under this Act to promote--
(1) economic development;
(2) infrastructure development;
(3) the educational, health, recreational, and social
welfare objectives of the Indian tribe and its members; or
(4) any combination of the activities described in
paragraphs (1), (2), and (3).
(c) Tribal Plan Review and Revision.--
(1) In general.--Each tribal council referred to in
subsection (a) shall make available for review and comment by
the members of the Indian tribe a copy of the Tribal Plan for
the Indian tribe before the Tribal Plan becomes final, in
accordance with procedures established by the tribal council.
(2) Updating of tribal plan.--Each tribal council referred
to in subsection (a) may, on an annual basis, revise the Tribal
Plan prepared by that tribal council to update the Tribal Plan.
In revising the Tribal Plan under this paragraph, the tribal
council shall provide the members of the Indian tribe
opportunity to review and comment on any proposed revision to
the Tribal Plan.
SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES.
(a) In General.--No payment made to the Yankton Sioux Tribe or
Santee Sioux Tribe pursuant to this Act shall result in the reduction
or denial of any service or program to which, pursuant to Federal law--
(1) the Yankton Sioux Tribe or Santee Sioux Tribe is
otherwise entitled because of the status of the Indian tribe as
a federally recognized Indian tribe; or
(2) any individual who is a member of a Indian tribe under
paragraph (1) is entitled because of the status of the
individual as a member of the Indian tribe.
(b) Exemptions From Taxation.--No payment made pursuant to this Act
shall be subject to any Federal or State income tax.
(c) Power Rates.--No payment made pursuant to this Act shall affect
Pick-Sloan Missouri River Basin power rates.
SEC. 8. STATUTORY CONSTRUCTION.
Nothing in this Act may be construed as diminishing or affecting
any water right of an Indian tribe, except as specifically provided in
another provision of this Act, any treaty right that is in effect on
the date of enactment of this Act, any authority of the Secretary of
the Interior or the head of any other Federal agency under a law in
effect on the date of enactment of this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, including such sums as may be necessary for the
administration of the Yankton Sioux Tribe Development Trust Fund under
section 4 and the Santee Sioux Tribe of Nebraska Development Trust Fund
under section 5.
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Directs the tribal council of each Tribe to prepare a Tribal Plan for using payments for carrying out projects and programs to promote: (1) economic development, (2) infrastructure development. Or (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members. Prohibits any payment made to either Tribe pursuant to this Act from: (1) resulting in the reduction or denial of any service or program to which the Tribe or any member of the Tribe is otherwise entitled because of federally recognized status, (2) being subject to any Federal or State income tax. Or (3) affecting Pick-Sloan Missouri River Basin power rates. Authorizes appropriations.
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Yankton Sioux Tribe and Santee Sioux Tribe of Nebraska Development Trust Fund Act
| 15,950
| 687
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Yankton Sioux Tribe and Santee Sioux Tribe of Nebraska Development Trust Fund Act". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. Congress finds that by enacting the Act of December 22, 1944, commonly known as the "Flood Control Act of 1944" Congress approved the Pick-Sloan Missouri River Basin program to promote the general economic development of the United States, to provide for irrigation above Sioux City, Iowa. To protect urban and rural areas from devastating floods of the Missouri River, and for other purposes. The waters impounded for the Fort Randall and Gavins Point projects of the Pick-Sloan program have inundated the fertile, wooded bottom lands along the Missouri River that constituted the most productive agricultural and pastoral lands of, and the homeland of, the members of the Yankton Sioux Tribe and the Santee Sioux Tribe. The Fort Randall project overlies the western boundary of the Yankton Sioux Tribe Indian Reservation. And has caused the erosion of more than 400 acres of prime land on the Yankton Sioux Reservation adjoining the east bank of the Missouri River. The Gavins Point project overlies the eastern boundary of the Santee Sioux Tribe. Although the Fort Randall and Gavins Point projects are major components of the Pick-Sloan program, and contribute to the economy of the United States by generating a substantial amount of hydropower and impounding a substantial quantity of water, the reservations of the Yankton Sioux Tribe and the Santee Sioux Tribe remain undeveloped. The United States Army Corps of Engineers took the Indian lands used for the Fort Randall and Gavins Point projects by condemnation proceedings. The Federal Government did not give Yankton Sioux Tribe and the Santee Sioux Tribe an opportunity to receive compensation for direct damages from the Pick-Sloan program, even though the Federal Government gave 5 Indian reservations upstream from the reservations of those Indian tribes such an opportunity. The Yankton Sioux Tribe and the Santee Sioux Tribe did not receive just compensation for the taking of productive agricultural Indian lands through the condemnation referred to in paragraph (6). The settlement agreement that the United States entered into with the Yankton Sioux Tribe and the Santee Sioux Tribe to provide compensation for the taking by condemnation referred to in paragraph (6) did not take into account the increase in property values over the years between the date of taking and the date of settlement. And in addition to the financial compensation provided under the settlement agreements referred to in paragraph (9) the Yankton Sioux Tribe should receive an aggregate amount equal to $34,323,743 for the loss value of 2,851.40 acres of Indian land taken for the Fort Randall Dam and Reservoir of the Pick-Sloan program. And the use value of 408.40 acres of Indian land on the reservation of that Indian tribe that was lost as a result of stream bank erosion that has occurred since 1953. And the Santee Sioux Tribe should receive an aggregate amount equal to $8,132,838 for the loss value of 593.10 acres of Indian land located near the Santee village. And 414.12 acres on Niobrara Island of the Santee Sioux Tribe Indian Reservation used for the Gavins Point Dam and Reservoir. <SECTION-HEADER> DEFINITIONS. In this Act: Indian tribe. The term "Indian tribe" has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 USC. 450b(e)). Program. The term "Program" means the power program of the Pick-Sloan Missouri River Basin program, administered by the Western Area Power Administration. Santee sioux tribe. The term "Santee Sioux Tribe" means the Santee Sioux Tribe of Nebraska. Tribal plan. The term "Tribal Plan" means a plan developed pursuant to section 6. <SECTION-HEADER> YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND. Establishment. There is established in the Treasury of the United States a fund to be known as the "Yankton Sioux Tribe Development Trust Fund" . The Fund shall consist of any amounts deposited in the Fund under this Act. Funding. Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit $34,323,743 into the Fund not later than 60 days after the date of enactment of this Act. Investments. The Secretary of the Treasury shall invest the amounts deposited under subsection (b) in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. Payment of Interest to Yankton Sioux Tribe. Withdrawal of interest. Beginning at the end of the first fiscal year in which interest is deposited into the Fund, the Secretary of the Treasury shall withdraw the aggregate amount of interest deposited into the Fund for that fiscal year and transfer that amount to the Secretary of the Interior for use in accordance with paragraph (2). Each amount so transferred shall be available without fiscal year limitation. Payments to yankton sioux tribe. In general. The Secretary of the Interior shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Yankton Sioux Tribe, as such payments are requested by that Indian tribe pursuant to tribal resolution. Limitation. Payments may be made by the Secretary of the Interior under subparagraph (A) only after the Yankton Sioux Tribe has adopted a Tribal Plan. Use of payments by yankton sioux tribe. The Yankton Sioux Tribe shall use the payments made under subparagraph (A) only for carrying out projects and programs under the Tribal Plan. Pledge of future payments. In general. Subject to clause (ii), the Yankton Sioux Tribe may enter into an agreement under which that Indian tribe pledges future payments under this paragraph as security for a loan or other financial transaction. Limitations. The Yankton Sioux Tribe may enter into an agreement under clause (i) only in connection with the purchase of land or other capital assets. And may not pledge, for any year under an agreement referred to in clause (i), an amount greater than 40 percent of any payment under this paragraph for that year. Transfers and Withdrawals. Except as provided in subsections and (d)(1), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b). <SECTION-HEADER> SANTEE SIOUX TRIBE OF NEBRASKA DEVELOPMENT TRUST FUND. Establishment. There is established in the Treasury of the United States a fund to be known as the "Santee Sioux Tribe of Nebraska Development Trust Fund" . The Fund shall consist of any amounts deposited in the Fund under this Act. Funding. Out of any money in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit $8,132,838 into the Fund not later than 60 days after the date of enactment of this Act. Investments. The Secretary of the Treasury shall invest the amounts deposited under subsection (b) in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. Payment of Interest to Santee Sioux Tribe. Withdrawal of interest. Beginning at the end of the first fiscal year in which interest is deposited into the Fund, the Secretary of the Treasury shall withdraw the aggregate amount of interest deposited into the Fund for that fiscal year and transfer that amount to the Secretary of the Interior for use in accordance with paragraph (2). Each amount so transferred shall be available without fiscal year limitation. Payments to santee sioux tribe. In general. The Secretary of the Interior shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Santee Sioux Tribe, as such payments are requested by that Indian tribe pursuant to tribal resolution. Limitation. Payments may be made by the Secretary of the Interior under subparagraph (A) only after the Santee Sioux Tribe has adopted a Tribal Plan. Use of payments by santee sioux tribe. The Santee Sioux Tribe shall use the payments made under subparagraph (A) only for carrying out projects and programs under the Tribal Plan. Pledge of future payments. In general. Subject to clause (ii), the Santee Sioux Tribe may enter into an agreement under which that Indian tribe pledges future payments under this paragraph as security for a loan or other financial transaction. Limitations. The Santee Sioux Tribe may enter into an agreement under clause (i) only in connection with the purchase of land or other capital assets. And may not pledge, for any year under an agreement referred to in clause (i), an amount greater than 40 percent of any payment under this paragraph for that year. Transfers and Withdrawals. Except as provided in subsections and (d)(1), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b). <SECTION-HEADER> TRIBAL PLANS. In General. Not later than 24 months after the date of enactment of this Act, the tribal council of each of the Yankton Sioux and Santee Sioux Tribes shall prepare a plan for the use of the payments to the Indian tribe under section 4(d) or 5(d). Contents of Tribal Plan. Each Tribal Plan shall provide for the manner in which the Indian tribe covered under the Tribal Plan shall expend payments to the Indian tribe under this Act to promote economic development, infrastructure development. The educational, health, recreational, and social welfare objectives of the Indian tribe and its members. Or any combination of the activities described in paragraphs (1), (2), and (3). Tribal Plan Review and Revision. In general. Each tribal council referred to in subsection (a) shall make available for review and comment by the members of the Indian tribe a copy of the Tribal Plan for the Indian tribe before the Tribal Plan becomes final, in accordance with procedures established by the tribal council. Updating of tribal plan. Each tribal council referred to in subsection (a) may, on an annual basis, revise the Tribal Plan prepared by that tribal council to update the Tribal Plan. In revising the Tribal Plan under this paragraph, the tribal council shall provide the members of the Indian tribe opportunity to review and comment on any proposed revision to the Tribal Plan. <SECTION-HEADER> ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES. In General. No payment made to the Yankton Sioux Tribe or Santee Sioux Tribe pursuant to this Act shall result in the reduction or denial of any service or program to which, pursuant to Federal law the Yankton Sioux Tribe or Santee Sioux Tribe is otherwise entitled because of the status of the Indian tribe as a federally recognized Indian tribe. Or any individual who is a member of a Indian tribe under paragraph (1) is entitled because of the status of the individual as a member of the Indian tribe. Exemptions From Taxation. No payment made pursuant to this Act shall be subject to any Federal or State income tax. Power Rates. No payment made pursuant to this Act shall affect Pick-Sloan Missouri River Basin power rates. <SECTION-HEADER> STATUTORY CONSTRUCTION. Nothing in this Act may be construed as diminishing or affecting any water right of an Indian tribe, except as specifically provided in another provision of this Act, any treaty right that is in effect on the date of enactment of this Act, any authority of the Secretary of the Interior or the head of any other Federal agency under a law in effect on the date of enactment of this Act. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, including such sums as may be necessary for the administration of the Yankton Sioux Tribe Development Trust Fund under section 4 and the Santee Sioux Tribe of Nebraska Development Trust Fund under section 5.
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Directs the tribal council of each Tribe to prepare a Tribal Plan for using payments for carrying out projects and programs to promote: (1) economic development, (2) infrastructure development. Or (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members. Prohibits any payment made to either Tribe pursuant to this Act from: (1) resulting in the reduction or denial of any service or program to which the Tribe or any member of the Tribe is otherwise entitled because of federally recognized status, (2) being subject to any Federal or State income tax. Or (3) affecting Pick-Sloan Missouri River Basin power rates. Authorizes appropriations.
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Yankton Sioux Tribe and Santee Sioux Tribe of Nebraska Development Trust Fund Act
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107_hr4098
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate and Criminal Fraud
Accountability Act of 2002''.
SEC. 2. CRIMINAL PENALTIES FOR ALTERING DOCUMENTS.
(a) In General.--Chapter 73 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1519. Destruction, alteration, or falsification of records in
Federal investigations and bankruptcy
``Whoever knowingly alters, destroys, mutilates, conceals, covers
up, falsifies, or makes a false entry in any record, document, or
tangible object with the intent to impede, obstruct, or influence the
investigation or proper administration of any matter within the
jurisdiction of any department or agency of the United States or any
case filed under title 11, or in relation to or contemplation of any
such matter or case, shall be fined under this title, imprisoned not
more than 5 years, or both.
``Sec. 1520. Destruction of corporate audit records
``(a) Any accountant who conducts an audit of an issuer of
securities to which section 10A(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78j-1(a)) applies, shall maintain all documents
(including electronic documents) sent, received, or created in
connection with any audit, review, or other engagement for such issuer
for a period of 5 years from the end of the fiscal period in which the
audit, review, or other engagement was concluded.
``(b) Whoever knowingly and willfully violates subsection (a) shall
be fined under this title, imprisoned not more than 5 years, or both.
``(c) Nothing in this section shall be deemed to diminish or
relieve any person of any other duty or obligation, imposed by Federal
or State law or regulation, to maintain, or refrain from destroying,
any document.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of title 18, United States Code, is amended by adding at the
end the following new items:
``1519. Destruction, alteration, or falsification of records in Federal
investigations and bankruptcy.
``1520. Destruction of corporate audit records.''.
SEC. 3. CRIMINAL PENALTIES FOR DEFRAUDING SHAREHOLDERS OF PUBLICLY
TRADED COMPANIES.
(a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1348. Securities fraud
``Whoever knowingly executes, or attempts to execute, a scheme or
artifice--
``(1) to defraud any person in connection with any security
registered under section 12 or 15(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78l, 78o(d)) or section 6 of the
Securities Act of 1933 (15 U.S.C. 77f); or
``(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any money or property in
connection with the purchase or sale of any security registered
under section 12 or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78l, 78o(d)) or section 6 of the Securities Act
of 1933 (15 U.S.C. 77f),
shall be fined under this title, or imprisoned not more than 10 years,
or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 63 of title 18, United States Code, is amended by adding at the
end the following new item:
``1348. Securities fraud.''.
SEC. 4. REVIEW OF FEDERAL SENTENCING GUIDELINES FOR OBSTRUCTION OF
JUSTICE AND EXTENSIVE CRIMINAL FRAUD.
Pursuant to section 994 of title 28, United States Code, and in
accordance with this section, the United States Sentencing Commission
shall review and amend, as appropriate, the Federal Sentencing
Guidelines and related policy statements to ensure that--
(1) the guideline offense levels and enhancements for an
obstruction of justice offense are adequate in cases where
documents or other physical evidence are actually destroyed or
fabricated;
(2) the guideline offense levels and enhancements for
violations of section 1519 or 1520 of title 18, United States
Code, as added by this Act, are sufficient to deter and punish
that activity;
(3) the guideline offense levels and enhancements under
United States Sentencing Guideline 2B1.1 (as in effect on the
date of enactment of this Act) are sufficient for a fraud
offense when the number of victims adversely involved is
significantly greater than 50; and
(4) a specific offense characteristic enhancing sentencing
is provided under United States Sentencing Guideline 2B1.1 (as
in effect on the date of enactment of this Act) for a fraud
offense that endangers the solvency or financial security of 1
or more victims.
SEC. 5. DEBTS NONDISCHARGEABLE IF INCURRED IN VIOLATION OF SECURITIES
FRAUD LAWS.
Section 523(a) of title 11, United States Code, is amended--
(1) in paragraph (17), by striking ``or'' after the
semicolon;
(2) in paragraph (18), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end, the following:
``(19) that--
``(A) arises under a claim relating to--
``(i) the violation of any of the Federal
securities laws (as that term is defined in
section 3(a)(47) of the Securities Exchange Act
of 1934 (15 U.S.C. 78c(a)(47)), any State
securities laws, or any regulations or orders
issued under such Federal or State securities
laws; or
``(ii) common law fraud, deceit, or
manipulation in connection with the purchase or
sale of any security; and
``(B) results, in relation to any claim described
in subparagraph (A), from--
``(i) any judgment, order, consent order,
or decree entered in any Federal or State
judicial or administrative proceeding;
``(ii) any settlement agreement entered
into by the debtor; or
``(iii) any court or administrative order
for any damages, fine, penalty, citation,
restitutionary payment, disgorgement payment,
attorney fee, cost, or other payment owed by
the debtor.''.
SEC. 6. INCREASED PROTECTION OF EMPLOYEES WAGES UNDER CHAPTER 11
PROCEEDINGS.
Section 507(a) of title 11, United States Code, is amended--
(1) in paragraph (3) by striking ``90'' and inserting
``180'', and
(2) in paragraphs (3) and (4) by striking ``$4,000'' each
place it appears and inserting ``$10,000''.
SEC. 7. STATUTE OF LIMITATIONS FOR SECURITIES FRAUD.
(a) In General.--Section 1658 of title 28, United States Code, is
amended--
(1) by inserting ``(a)'' before ``Except''; and
(2) by adding at the end the following:
``(b) Notwithstanding subsection (a), a private right of action
that involves a claim of fraud, deceit, manipulation, or deliberate or
reckless disregard of a regulatory requirement concerning the
securities laws, as defined in section 3(a)(47) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), may be brought not later
than the earlier of--
``(1) 5 years after the date on which the alleged violation
occurred; or
``(2) 3 years after the date on which the alleged violation
was discovered.''.
(b) Effective Date.--The limitations period provided by section
1658(b) of title 28, United States Code, as added by this section,
shall apply to all proceedings addressed by this section that are
commenced on or after the date of enactment of this Act.
SEC. 8. PROTECTION FOR EMPLOYEES OF PUBLICLY TRADED COMPANIES WHO
PROVIDE EVIDENCE OF FRAUD.
(a) In General.--Chapter 73 of title 18, United States Code, is
amended by inserting after section 1514 the following:
``Sec. 1514A. Civil action to protect against retaliation in fraud
cases
``(a) Whistleblower Protection for Employees of Publicly Traded
Companies.--No company with securities registered under section 6 of
the Securities Act of 1933 (15 U.S.C. 77f) or section 12 or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78l, 78o(d)), or any
officer, employee, contractor, subcontractor, or agent of such company,
may discharge, demote, suspend, threaten, harass, or in any other
manner discriminate against an employee in the terms and conditions of
employment because of any lawful act done by the employee--
``(1) to provide information, cause information to be
provided, or otherwise assist in an investigation regarding any
conduct which the employee reasonably believes constitutes a
violation of section 1341, 1343, 1344, or 1348, any rule or
regulation of the Securities and Exchange Commission, or any
provision of Federal law relating to fraud against
shareholders, when the information or assistance is provided to
or the investigation is conducted by--
``(A) a Federal regulatory or law enforcement
agency;
``(B) any Member of Congress or any committee of
Congress; or
``(C) a person with supervisory authority over the
employee (or such other person working for the employer
who has the authority to investigate, discover, or
terminate misconduct); or
``(2) to file, cause to be filed, testify, participate in,
or otherwise assist in a proceeding filed or about to be filed
(with any knowledge of the employer) relating to an alleged
violation of section 1341, 1343, 1344, or 1348, any rule or
regulation of the Securities and Exchange Commission, or any
provision of Federal law relating to fraud against
shareholders.
``(b) Election of Action.--
``(1) In general.--A person who alleges discharge or other
discrimination by any person in violation of subsection (a) may
seek relief under subsection (c), by--
``(A) filing a complaint with the Secretary of
Labor; or
``(B) bringing an action at law or equity in the
appropriate district court of the United States.
``(2) Procedure.--
``(A) In general.--An action under paragraph (1)(A)
shall be governed under the rules and procedures set
forth in section 42121(b) of title 49, United States
Code.
``(B) Exception.--Notification made under section
42121(b)(1) of title 49, United States Code, shall be
made to the person named in the complaint and to the
employer.
``(C) Burdens of proof.--An action brought under
paragraph (1)(B) shall be governed by the legal burdens
of proof set forth in section 42121(b) of title 49,
United States Code.
``(D) Statute of limitations.--An action under
paragraph (1) shall be commenced not later than 180
days after the date on which the violation occurs.
``(c) Remedies.--
``(1) In general.--An employee prevailing in any action
under subsection (b)(1) (A) or (B) shall be entitled to all
relief necessary to make the employee whole.
``(2) Compensatory damages.--Relief for any action under
paragraph (1) shall include--
``(A) reinstatement with the same seniority status
that the employee would have had, but for the
discrimination;
``(B) 2 times the amount of back pay, with
interest; and
``(C) compensation for any special damages
sustained as a result of the discrimination, including
litigation costs, expert witness fees, and reasonable
attorney fees.
``(3) Punitive damages.--
``(A) In general.--In a case in which the finder of
fact determines that the protected conduct of the
employee under subsection (a) involved a substantial risk to the
health, safety, or welfare of shareholders of the employer or the
public, the finder of fact may award punitive damages to the employee.
``(B) Factors.--In determining the amount, if any,
to be awarded under this paragraph, the finder of fact
shall take into account--
``(i) the significance of the information
or assistance provided by the employee under
subsection (a) and the role of the employee in
advancing any investigation, proceeding,
congressional inquiry or action, or internal
remedial process, or in protecting the health,
safety, or welfare of shareholders of the
employer or of the public;
``(ii) the nature and extent of both the
actual and potential discrimination to which
the employee was subjected as a result of the
protected conduct of the employee under
subsection (a); and
``(iii) the nature and extent of the risk
to the health, safety, or welfare of
shareholders or the public under subparagraph
(A).
``(d) Rights Retained by Employee.--
``(1) Other remedies unaffected.--Nothing in this section
shall be deemed to diminish the rights, privilege, or remedies
of any employee under any Federal or State law, or under any
collective bargaining agreement.
``(2) Voluntary adjudication.--No employee may be compelled
to adjudicate his or her rights under this section pursuant to
an arbitration agreement.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of title 18, United States Code, is amended by inserting
after the item relating to section 1514 the following new item:
``1514A. Civil action to protect against retaliation in fraud cases.''.
SEC. 9. ESTABLISHMENT OF A RETIREMENT SECURITY FRAUD BUREAU.
(a) In General.--Part II of title 28, United States Code, is
amended by adding at the end the following:
``CHAPTER 40A--RETIREMENT SECURITY FRAUD BUREAU
``Sec. 600. Retirement Security Fraud Bureau
``(a) In General.--The Attorney General shall establish a
Retirement Security Fraud Bureau which shall be a bureau in the
Department of Justice.
``(b) Director.--
``(1) Appointment.--The head of the Retirement Security
Fraud Bureau shall be the Director who shall be appointed by
the Attorney General.
``(2) Duties and powers.--The duties and powers of the
Director are as follows:
``(A) Advise and make recommendations on matters
relating to pension and securities fraud, in general,
to the Assistant Attorney General of the Criminal
Division.
``(B) Maintain a government-wide data access
service, with access, in accordance with applicable
legal requirements, to the following:
``(i) Information collected by the
Department of Justice, the Department of the
Treasury, and the Securities Exchange
Commission on pension and securities fraud
matters.
``(ii) Other privately and publicly
available information on pension and securities
fraud-related activities.
``(C) Analyze and disseminate the available data in
accordance with applicable legal requirements,
policies, and guidelines established by the Attorney
General to--
``(i) identify possible criminal activity
to appropriate Federal, State, local, and
foreign law enforcement agencies;
``(ii) support ongoing criminal pension and
securities fraud investigations;
``(iii) determine emerging trends and
methods in pension and securities fraud
matters; and
``(iv) support government initiatives
against pension and securities fraud-related
activities.
``(D) Furnish research, analytical, and
informational services to financial institutions, to
appropriate Federal regulatory agencies with regard to
financial institutions, and to appropriate Federal,
State, local, and foreign law enforcement authorities,
in accordance with policies and guidelines established
by the Department of Justice, in the interest of
detection, prevention, and prosecution of pension and
securities fraud-related crimes.
``(E) Establish and maintain a special unit
dedicated to assisting Federal, State, local, and
foreign law enforcement and regulatory authorities in
combating pension and securities fraud.
``(F) Such other duties and powers as the Attorney
General may delegate or prescribe.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated for the Retirement Security Fraud Bureau such sums as may
be necessary for fiscal years 2003, 2004, 2005, and 2006.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part II of title 28, United States Code, is amended by adding at the
end the following new item:
``40A. Retirement Security Fraud Bureau..................... 600''.
|
Corporate and Criminal Fraud Accountability Act of 2002 - Amends the Federal criminal code to set penalties for: (1) destroying, altering, or falsifying records in Federal investigations or in bankruptcy. (2) failure of an accountant who conducts an audit of an issuer of securities to maintain all documents sent, received, or created in connection with the audit for a five year period. And (3) executing a scheme to defraud in connection with a registered security, or to obtain by false pretenses money or property in connection with its purchase or sale. Directs the United States Sentencing Commission to review the Federal sentencing guidelines for obstruction of justice, and for fraud when the number of victims adversely involved is significantly greater than 50 or when it endangers the solvency or financial security of multiple victims. Amends: (1) Federal bankruptcy law to make certain debts incurred in violation of Federal or State securities laws, or common law fraud in connection with the purchase or sale of any security, non-dischargeable in bankruptcy, and to increase the amount of employees' wages protected under chapter 11 proceedings. And (2) the Federal judicial code to authorize a private right of action that involves a securities fraud-related claim to be brought by the earlier of five years after the date of the alleged violation or three years after its discovery. Authorizes a civil action to protect whistle-blowing employees against retaliation in fraud cases involving publicly traded companies. Amends the judicial code to direct the Attorney General to establish within the Department of Justice a Retirement Security Fraud Bureau.
|
To provide for criminal prosecution of persons who alter or destroy evidence in certain Federal investigations or defraud investors of publicly traded securities, to disallow debts incurred in violation of securities fraud laws from being discharged in bankruptcy, to protect whistleblowers against retaliation by their employers, and for other purposes.
| 19,097
| 1,674
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Corporate and Criminal Fraud Accountability Act of 2002". <SECTION-HEADER> CRIMINAL PENALTIES FOR ALTERING DOCUMENTS. In General. Chapter 73 of title 18, United States Code, is amended by adding at the end the following: "Section 1519. Destruction, alteration, or falsification of records in Federal investigations and bankruptcy "Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 5 years, or both. "Section 1520. Destruction of corporate audit records Any accountant who conducts an audit of an issuer of securities to which section 10A(a) of the Securities Exchange Act of 1934 (15 USC. 78j-1(a)) applies, shall maintain all documents sent, received, or created in connection with any audit, review, or other engagement for such issuer for a period of 5 years from the end of the fiscal period in which the audit, review, or other engagement was concluded. Whoever knowingly and willfully violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both. Nothing in this section shall be deemed to diminish or relieve any person of any other duty or obligation, imposed by Federal or State law or regulation, to maintain, or refrain from destroying, any document.". Clerical Amendment. The table of sections at the beginning of chapter 73 of title 18, United States Code, is amended by adding at the end the following new items: "1519. Destruction, alteration, or falsification of records in Federal investigations and bankruptcy. "1520. Destruction of corporate audit records.". <SECTION-HEADER> CRIMINAL PENALTIES FOR DEFRAUDING SHAREHOLDERS OF PUBLICLY TRADED COMPANIES. In General. Chapter 63 of title 18, United States Code, is amended by adding at the end the following: "Section 1348. Securities fraud "Whoever knowingly executes, or attempts to execute, a scheme or artifice to defraud any person in connection with any security registered under section 12 or 15(d) of the Securities Exchange Act of 1934 (15 USC. 78l, 78o(d)) or section 6 of the Securities Act of 1933. Or to obtain, by means of false or fraudulent pretenses, representations, or promises, any money or property in connection with the purchase or sale of any security registered under section 12 or 15(d) of the Securities Exchange Act of 1934 (15 USC. 78l, 78o(d)) or section 6 of the Securities Act of 1933 , shall be fined under this title, or imprisoned not more than 10 years, or both.". Clerical Amendment. The table of sections at the beginning of chapter 63 of title 18, United States Code, is amended by adding at the end the following new item: "1348. Securities fraud.". <SECTION-HEADER> REVIEW OF FEDERAL SENTENCING GUIDELINES FOR OBSTRUCTION OF JUSTICE AND EXTENSIVE CRIMINAL FRAUD. Pursuant to section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, as appropriate, the Federal Sentencing Guidelines and related policy statements to ensure that the guideline offense levels and enhancements for an obstruction of justice offense are adequate in cases where documents or other physical evidence are actually destroyed or fabricated. The guideline offense levels and enhancements for violations of section 1519 or 1520 of title 18, United States Code, as added by this Act, are sufficient to deter and punish that activity. The guideline offense levels and enhancements under United States Sentencing Guideline 2B1.1 are sufficient for a fraud offense when the number of victims adversely involved is significantly greater than 50. And a specific offense characteristic enhancing sentencing is provided under United States Sentencing Guideline 2B1.1 for a fraud offense that endangers the solvency or financial security of 1 or more victims. <SECTION-HEADER> DEBTS NONDISCHARGEABLE IF INCURRED IN VIOLATION OF SECURITIES FRAUD LAWS. Section 523(a) of title 11, United States Code, is amended in paragraph (17), by striking "or" after the semicolon. In paragraph (18), by striking the period at the end and inserting ", or". And by adding at the end, the following: that arises under a claim relating to the violation of any of the Federal securities laws (as that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 USC. 78c(a)(47)), any State securities laws, or any regulations or orders issued under such Federal or State securities laws. Or common law fraud, deceit, or manipulation in connection with the purchase or sale of any security. And results, in relation to any claim described in subparagraph (A), from any judgment, order, consent order, or decree entered in any Federal or State judicial or administrative proceeding, any settlement agreement entered into by the debtor. Or any court or administrative order for any damages, fine, penalty, citation, restitutionary payment, disgorgement payment, attorney fee, cost, or other payment owed by the debtor.". <SECTION-HEADER> INCREASED PROTECTION OF EMPLOYEES WAGES UNDER CHAPTER 11 PROCEEDINGS. Section 507(a) of title 11, United States Code, is amended in paragraph (3) by striking "90" and inserting "180", and in paragraphs (3) and (4) by striking "$4,000" each place it appears and inserting "$10,000". <SECTION-HEADER> STATUTE OF LIMITATIONS FOR SECURITIES FRAUD. In General. Section 1658 of title 28, United States Code, is amended by inserting "(a)" before "Except". And by adding at the end the following: Notwithstanding subsection (a), a private right of action that involves a claim of fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement concerning the securities laws, as defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 USC. 78c(a)(47)), may be brought not later than the earlier of 5 years after the date on which the alleged violation occurred. Or 3 years after the date on which the alleged violation was discovered.". Effective Date. The limitations period provided by section 1658(b) of title 28, United States Code, as added by this section, shall apply to all proceedings addressed by this section that are commenced on or after the date of enactment of this Act. <SECTION-HEADER> PROTECTION FOR EMPLOYEES OF PUBLICLY TRADED COMPANIES WHO PROVIDE EVIDENCE OF FRAUD. In General. Chapter 73 of title 18, United States Code, is amended by inserting after section 1514 the following: "Section 1514A. Civil action to protect against retaliation in fraud cases Whistleblower Protection for Employees of Publicly Traded Companies. No company with securities registered under section 6 of the Securities Act of 1933 or section 12 or 15(d) of the Securities Exchange Act of 1934 (15 USC. 78l, 78o(d)), or any officer, employee, contractor, subcontractor, or agent of such company, may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes a violation of section 1341, 1343, 1344, or 1348, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders, when the information or assistance is provided to or the investigation is conducted by a Federal regulatory or law enforcement agency, any Member of Congress or any committee of Congress, or a person with supervisory authority over the employee. Or to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed relating to an alleged violation of section 1341, 1343, 1344, or 1348, any rule or regulation of the Securities and Exchange Commission, or any provision of Federal law relating to fraud against shareholders. Election of Action. In general. A person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c), by filing a complaint with the Secretary of Labor. Or bringing an action at law or equity in the appropriate district court of the United States. Procedure. In general. An action under paragraph (1)(A) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. Exception. Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the employer. Burdens of proof. An action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. Statute of limitations. An action under paragraph (1) shall be commenced not later than 180 days after the date on which the violation occurs. Remedies. In general. An employee prevailing in any action under subsection (b)(1) (A) or (B) shall be entitled to all relief necessary to make the employee whole. Compensatory damages. Relief for any action under paragraph (1) shall include reinstatement with the same seniority status that the employee would have had, but for the discrimination, 2 times the amount of back pay, with interest. And compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. Punitive damages. In general. In a case in which the finder of fact determines that the protected conduct of the employee under subsection (a) involved a substantial risk to the health, safety, or welfare of shareholders of the employer or the public, the finder of fact may award punitive damages to the employee. Factors. In determining the amount, if any, to be awarded under this paragraph, the finder of fact shall take into account the significance of the information or assistance provided by the employee under subsection (a) and the role of the employee in advancing any investigation, proceeding, congressional inquiry or action, or internal remedial process, or in protecting the health, safety, or welfare of shareholders of the employer or of the public. The nature and extent of both the actual and potential discrimination to which the employee was subjected as a result of the protected conduct of the employee under subsection (a). And the nature and extent of the risk to the health, safety, or welfare of shareholders or the public under subparagraph . Rights Retained by Employee. Other remedies unaffected. Nothing in this section shall be deemed to diminish the rights, privilege, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. Voluntary adjudication. No employee may be compelled to adjudicate his or her rights under this section pursuant to an arbitration agreement.". Clerical Amendment. The table of sections at the beginning of chapter 73 of title 18, United States Code, is amended by inserting after the item relating to section 1514 the following new item: "1514A. Civil action to protect against retaliation in fraud cases.". <SECTION-HEADER> ESTABLISHMENT OF A RETIREMENT SECURITY FRAUD BUREAU. In General. Part II of title 28, United States Code, is amended by adding at the end the following: "CHAPTER 40A RETIREMENT SECURITY FRAUD BUREAU "Section 600. Retirement Security Fraud Bureau In General. The Attorney General shall establish a Retirement Security Fraud Bureau which shall be a bureau in the Department of Justice. Director. Appointment. The head of the Retirement Security Fraud Bureau shall be the Director who shall be appointed by the Attorney General. Duties and powers. The duties and powers of the Director are as follows: Advise and make recommendations on matters relating to pension and securities fraud, in general, to the Assistant Attorney General of the Criminal Division. Maintain a government-wide data access service, with access, in accordance with applicable legal requirements, to the following: Information collected by the Department of Justice, the Department of the Treasury, and the Securities Exchange Commission on pension and securities fraud matters. Other privately and publicly available information on pension and securities fraud-related activities. Analyze and disseminate the available data in accordance with applicable legal requirements, policies, and guidelines established by the Attorney General to identify possible criminal activity to appropriate Federal, State, local, and foreign law enforcement agencies, support ongoing criminal pension and securities fraud investigations. Determine emerging trends and methods in pension and securities fraud matters. And support government initiatives against pension and securities fraud-related activities. Furnish research, analytical, and informational services to financial institutions, to appropriate Federal regulatory agencies with regard to financial institutions, and to appropriate Federal, State, local, and foreign law enforcement authorities, in accordance with policies and guidelines established by the Department of Justice, in the interest of detection, prevention, and prosecution of pension and securities fraud-related crimes. Establish and maintain a special unit dedicated to assisting Federal, State, local, and foreign law enforcement and regulatory authorities in combating pension and securities fraud. Such other duties and powers as the Attorney General may delegate or prescribe. Authorization of Appropriations. There are authorized to be appropriated for the Retirement Security Fraud Bureau such sums as may be necessary for fiscal years 2003, 2004, 2005, and 2006.". Clerical Amendment. The table of chapters at the beginning of part II of title 28, United States Code, is amended by adding at the end the following new item: "40A. Retirement Security Fraud Bureau........... 600".
|
Corporate and Criminal Fraud Accountability Act of 2002 - Amends the Federal criminal code to set penalties for: (1) destroying, altering, or falsifying records in Federal investigations or in bankruptcy. (2) failure of an accountant who conducts an audit of an issuer of securities to maintain all documents sent, received, or created in connection with the audit for a five year period. And (3) executing a scheme to defraud in connection with a registered security, or to obtain by false pretenses money or property in connection with its purchase or sale. Directs the United States Sentencing Commission to review the Federal sentencing guidelines for obstruction of justice, and for fraud when the number of victims adversely involved is significantly greater than 50 or when it endangers the solvency or financial security of multiple victims. Amends: (1) Federal bankruptcy law to make certain debts incurred in violation of Federal or State securities laws, or common law fraud in connection with the purchase or sale of any security, non-dischargeable in bankruptcy, and to increase the amount of employees' wages protected under chapter 11 proceedings. And (2) the Federal judicial code to authorize a private right of action that involves a securities fraud-related claim to be brought by the earlier of five years after the date of the alleged violation or three years after its discovery. Authorizes a civil action to protect whistle-blowing employees against retaliation in fraud cases involving publicly traded companies. Amends the judicial code to direct the Attorney General to establish within the Department of Justice a Retirement Security Fraud Bureau.
|
To provide for criminal prosecution of persons who alter or destroy evidence in certain Federal investigations or defraud investors of publicly traded securities, to disallow debts incurred in violation of securities fraud laws from being discharged in bankruptcy, to protect whistleblowers against retaliation by their employers, and for other purposes.
|
109_s901
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flexibility for Champion Schools
Act''.
SEC. 2. STATE WAIVERS.
Section 1111(b)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(2)) is amended by adding at the end the
following:
``(L) Waivers.--
``(i) In general.--The Secretary shall
grant each State that meets the requirements of
clause (ii) a waiver of all provisions of this
Act related to adequate yearly progress.
``(ii) Requirements.--The requirements
referred to in clause (i) are as follows:
``(I) The State establishes
academic content standards in reading,
writing, and mathematics, and tests in
such subjects--
``(aa) in reading and
mathematics, in grades 3
through 8 and at least once in
secondary school; and
``(bb) in writing, at least
once in elementary school,
middle school, and secondary
school.
``(II) The State establishes
academic content standards in the
categories of science, and United
States history and civics, and tests at
least once in each such category in
elementary school, middle school, and
secondary school.
``(III) The State makes available
to the public the results of all such
testing, in the aggregate and
disaggregated by groups of students, as
determined under section
1111(b)(2)(C)(v)(II) of the Elementary
and Secondary Education Act of 1965
(except in a case in which the number
of students in a group is insufficient
to yield statistically reliable
information or the results would reveal
personally identifiable information
about an individual student), for--
``(aa) each local
educational agency located
within the State; and
``(bb) each elementary
school, middle school, and
secondary school served by such
local educational agency.
``(IV) The State sets pass-rate
goals on such tests that each school
and local educational agency shall
meet. These goals shall be determined
by the State educational agency and
shall not be subject to change or
modification by the Department as part
of the process of granting a waiver
under this subparagraph.
``(V) The State shall determine the
conditions under which students with
disabilities and students who are
limited English proficient take State
tests or alternative assessments. Such
determinations by the State shall
comply with the Individuals with
Disabilities Education Act (20 U.S.C.
1400 et seq.).
``(VI) The State holds schools and
local educational agencies accountable
for meeting its pass-rate goals. The
State shall take actions to address
achievement gaps on State tests
affecting groups of students, as
determined under section
1111(b)(2)(C)(v)(II) of the Elementary
and Secondary Education Act of 1965.
The State shall determine the
consequences for schools and local
educational agencies that fail to meet
the pass-rate goals set by the State,
and the State's determination of
consequences shall not be subject to
change or modification by the
Department as part of the process of
granting a waiver under this
subparagraph.
``(VII) The State shall determine
goals for secondary school graduation
rates and a State's determination of
the State's goals and the types of
diplomas the State issues shall not be
reviewable by the Department.''.
|
Flexibility for Champion Schools Act - Amends the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA), to direct the Secretary of Education to grant to any State a waiver of all ESEA provisions related to adequate yearly progress (AYP) if that State: (1) establishes academic content standards and tests in specified subjects at specified grades. (2) makes available to the public all such testing results, in the aggregate and disaggregated by certain groups of students, for each local educational agency (LEA) and school, (3) sets pass-rate goals for each LEA and school. (4) determines conditions under which students with disabilities and limited-English-proficient students take State tests or alternative assessments, provided this complies with the Individuals with Disabilities Education Act (IDEA). (5) holds LEAs and schools accountable for meeting pass-rate goals, including determining consequences for schools and LEAs that fail to meet such goals, and addresses achievement gaps on State tests affecting certain groups of students, and (6) determines goals for secondary school graduation rates.
|
A bill to provide States that meet certain requirements with waivers of the adequate yearly progress provisions of the Elementary and Secondary Education Act of 1965.
| 6,230
| 1,164
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Flexibility for Champion Schools Act". <SECTION-HEADER> STATE WAIVERS. Section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 USC. 6311(b)(2)) is amended by adding at the end the following: Waivers. In general. The Secretary shall grant each State that meets the requirements of clause (ii) a waiver of all provisions of this Act related to adequate yearly progress. Requirements. The requirements referred to in clause (i) are as follows: The State establishes academic content standards in reading, writing, and mathematics, and tests in such subjects in reading and mathematics, in grades 3 through 8 and at least once in secondary school. And in writing, at least once in elementary school, middle school, and secondary school. The State establishes academic content standards in the categories of science, and United States history and civics, and tests at least once in each such category in elementary school, middle school, and secondary school. The State makes available to the public the results of all such testing, in the aggregate and disaggregated by groups of students, as determined under section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 , for each local educational agency located within the State. And each elementary school, middle school, and secondary school served by such local educational agency. The State sets pass-rate goals on such tests that each school and local educational agency shall meet. These goals shall be determined by the State educational agency and shall not be subject to change or modification by the Department as part of the process of granting a waiver under this subparagraph. The State shall determine the conditions under which students with disabilities and students who are limited English proficient take State tests or alternative assessments. Such determinations by the State shall comply with the Individuals with Disabilities Education Act . The State holds schools and local educational agencies accountable for meeting its pass-rate goals. The State shall take actions to address achievement gaps on State tests affecting groups of students, as determined under section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965. The State shall determine the consequences for schools and local educational agencies that fail to meet the pass-rate goals set by the State, and the State's determination of consequences shall not be subject to change or modification by the Department as part of the process of granting a waiver under this subparagraph. The State shall determine goals for secondary school graduation rates and a State's determination of the State's goals and the types of diplomas the State issues shall not be reviewable by the Department.".
|
Flexibility for Champion Schools Act - Amends the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA), to direct the Secretary of Education to grant to any State a waiver of all ESEA provisions related to adequate yearly progress (AYP) if that State: (1) establishes academic content standards and tests in specified subjects at specified grades. (2) makes available to the public all such testing results, in the aggregate and disaggregated by certain groups of students, for each local educational agency (LEA) and school, (3) sets pass-rate goals for each LEA and school. (4) determines conditions under which students with disabilities and limited-English-proficient students take State tests or alternative assessments, provided this complies with the Individuals with Disabilities Education Act (IDEA). (5) holds LEAs and schools accountable for meeting pass-rate goals, including determining consequences for schools and LEAs that fail to meet such goals, and addresses achievement gaps on State tests affecting certain groups of students, and (6) determines goals for secondary school graduation rates.
|
A bill to provide States that meet certain requirements with waivers of the adequate yearly progress provisions of the Elementary and Secondary Education Act of 1965.
|
113_hr417
|
SECTION 1. CONVEYANCE OF LAND COMPRISING SUBTROPICAL HORTICULTURE
RESEARCH STATION.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Miami-Dade County in
the State of Florida.
(2) Property.--The term ``Property'' means approximately 2
acres, more or less, of the federally owned land comprising the
Subtropical Horticulture Research Station in the County,
which--
(A) has been mutually delineated by the Secretary
and the authorized representative of the County; and
(B) fronts on SW 67th Avenue in Palmetto Bay,
Florida.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Property Conveyance.--
(1) In general.--Not later than 120 days after the date on
which the County deposits the consideration under paragraph (2)
and cost reimbursement provided in this section with the
Department of Agriculture, the Secretary shall convey and
quitclaim to the County, all rights, title, and interests of
the United States in the Property, subject to easements and
rights of record and such other reservations, terms, and
conditions as the Secretary may prescribe.
(2) Consideration.--
(A) In general.--As consideration for the
conveyance of the Property, the County shall pay to the
Secretary an amount in cash equal to the market value
of the property.
(B) Appraisal.--To determine the market value of
the Property, the Secretary shall have the Property
appraised for the highest and best use of the Property
in conformity with the Uniform Appraisal Standards for
Federal Land Acquisitions developed by the Interagency
Land Acquisition Conference. The approved appraisal
shall at all times be the property of the United
States.
(3) Corrections.--With the agreement of the County, the
Secretary may make minor corrections or modifications to the
legal description of the Property.
(4) Costs.--
(A) Transaction costs.--Except as provided in
subparagraph (C), the County shall, at closing for the
conveyance of the Property under this section, pay or
reimburse the Secretary, as appropriate, for the
reasonable transaction and administrative personnel
costs associated with the conveyance authorized by this
section, including the transaction costs of appraisal,
title, hazardous substances examination, and closing
costs.
(B) Administrative costs.--In addition to
transaction costs under subparagraph (A), the County
shall pay administrative costs in the liquidated amount
of $50,000.
(C) Attorneys' fees.--The County and the Secretary
shall each bear their own attorneys' fees.
(5) Survey.--The County shall, at its cost, survey the
exterior boundaries of the Subtropical Horticulture Research
Station and the Property in accordance with Federal survey
standards and to the satisfaction of the Secretary, and shall
provide to the Secretary certified originals with signature and
raised seal.
(6) Release.--The County, by a recordable instrument that
the Secretary determines is satisfactory, shall release the
Department of Agriculture from the instrument dated September
8, 2006, titled ``Unity of Title''.
(7) Security fencing.--On or before closing for the
conveyance of the Property under this section, the County
shall, at its cost, contract for the construction of a security
fence located on the boundary between the Property and the
adjacent land administered by the Secretary. The fence shall be
of materials and standards approved in advance by the
Secretary. The Secretary may approve temporary security
structures for use during construction phases of the fence.
(8) Other terms.--The Secretary and the County may
otherwise effect the purpose of this section on such additional
terms as are mutually acceptable and which are not inconsistent
with the provisions of this section.
(c) Receipts.--
(1) In general.--The Secretary shall deposit all funds
received from the conveyance authorized under this section,
including the market value consideration and the reimbursement
for costs, into the Treasury of the United States to be
credited to the appropriation for the Agricultural Research
Service.
(2) Use of funds.--Notwithstanding any limitation in
applicable appropriation Acts for the Department of Agriculture
or the Agricultural Research Service, all funds deposited into
the Treasury pursuant to subsection (b) shall be available to
the Secretary until expended, without further appropriation,
for the operation, upkeep, and maintenance of the Subtropical
Horticulture Research Station.
|
Directs the Secretary of Agriculture (USDA) to convey to Miami-Dade County, Florida, federally owned land comprising the Subtropical Horticulture Research Station in Miami-Dade County, Florida. Directs the County to pay specified costs.
|
To direct the Secretary of Agriculture to convey to Miami- Dade County certain federally owned land in Florida, and for other purposes.
| 5,568
| 236
|
<SECTION-HEADER> CONVEYANCE OF LAND COMPRISING SUBTROPICAL HORTICULTURE RESEARCH STATION. Definitions. In this section: County. The term "County" means Miami-Dade County in the State of Florida. Property. The term "Property" means approximately 2 acres, more or less, of the federally owned land comprising the Subtropical Horticulture Research Station in the County, which has been mutually delineated by the Secretary and the authorized representative of the County. And fronts on SW 67th Avenue in Palmetto Bay, Florida. Secretary. The term "Secretary" means the Secretary of Agriculture. Property Conveyance. In general. Not later than 120 days after the date on which the County deposits the consideration under paragraph (2) and cost reimbursement provided in this section with the Department of Agriculture, the Secretary shall convey and quitclaim to the County, all rights, title, and interests of the United States in the Property, subject to easements and rights of record and such other reservations, terms, and conditions as the Secretary may prescribe. Consideration. In general. As consideration for the conveyance of the Property, the County shall pay to the Secretary an amount in cash equal to the market value of the property. Appraisal. To determine the market value of the Property, the Secretary shall have the Property appraised for the highest and best use of the Property in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference. The approved appraisal shall at all times be the property of the United States. Corrections. With the agreement of the County, the Secretary may make minor corrections or modifications to the legal description of the Property. Costs. Transaction costs. Except as provided in subparagraph (C), the County shall, at closing for the conveyance of the Property under this section, pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized by this section, including the transaction costs of appraisal, title, hazardous substances examination, and closing costs. Administrative costs. In addition to transaction costs under subparagraph (A), the County shall pay administrative costs in the liquidated amount of $50,000. Attorneys' fees. The County and the Secretary shall each bear their own attorneys' fees. Survey. The County shall, at its cost, survey the exterior boundaries of the Subtropical Horticulture Research Station and the Property in accordance with Federal survey standards and to the satisfaction of the Secretary, and shall provide to the Secretary certified originals with signature and raised seal. Release. The County, by a recordable instrument that the Secretary determines is satisfactory, shall release the Department of Agriculture from the instrument dated September 8, 2006, titled "Unity of Title". Security fencing. On or before closing for the conveyance of the Property under this section, the County shall, at its cost, contract for the construction of a security fence located on the boundary between the Property and the adjacent land administered by the Secretary. The fence shall be of materials and standards approved in advance by the Secretary. The Secretary may approve temporary security structures for use during construction phases of the fence. Other terms. The Secretary and the County may otherwise effect the purpose of this section on such additional terms as are mutually acceptable and which are not inconsistent with the provisions of this section. Receipts. In general. The Secretary shall deposit all funds received from the conveyance authorized under this section, including the market value consideration and the reimbursement for costs, into the Treasury of the United States to be credited to the appropriation for the Agricultural Research Service. Use of funds. Notwithstanding any limitation in applicable appropriation Acts for the Department of Agriculture or the Agricultural Research Service, all funds deposited into the Treasury pursuant to subsection (b) shall be available to the Secretary until expended, without further appropriation, for the operation, upkeep, and maintenance of the Subtropical Horticulture Research Station.
|
Directs the Secretary of Agriculture (USDA) to convey to Miami-Dade County, Florida, federally owned land comprising the Subtropical Horticulture Research Station in Miami-Dade County, Florida. Directs the County to pay specified costs.
|
To direct the Secretary of Agriculture to convey to Miami- Dade County certain federally owned land in Florida, and for other purposes.
|
113_hr3475
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cruise Vessel Consumer Confidence
Act of 2013''.
SEC. 2. CRUISE VESSEL PASSENGER PROTECTIONS.
(a) In General.--Subtitle VIII of title 46, United States Code, is
amended by adding at the end the following:
``CHAPTER 807--CRUISE VESSEL PASSENGER PROTECTIONS
``Sec.
``80701. Unfair or deceptive practices and unfair methods of
competition.
``80702. Reimbursement for delays.
``80703. Customer service plans.
``80704. Passenger complaints.
``80705. Report.
``80706. Authorization of fees.
``80707. Definitions.
``Sec. 80701. Unfair or deceptive practices and unfair methods of
competition
``(a) In General.--The Federal Maritime Commission may investigate
an action by an owner of a cruise vessel relating to the sale of a
ticket for passenger travel on a cruise vessel to determine if such
action is--
``(1) an unfair or deceptive practice; or
``(2) an unfair method of competition.
``(b) Origination of Investigations.--The Commission may conduct an
investigation under subsection (a) on the initiative of the Commission
or upon receiving a complaint submitted to the Commission.
``(c) Enforcement.--
``(1) In general.--If the Commission determines that an
action is an unfair or deceptive practice or an unfair method
of competition under this section, the Commission, after notice
and an opportunity for a hearing--
``(A) shall order the owner of a cruise vessel
carrying out such action to cease such action; and
``(B) if such owner violates the order under
subparagraph (A), may impose on such owner a civil
penalty of not more than $25,000.
``(2) Continuing violations.--For purposes of paragraph
(1)(B), each day of a continuing violation shall be treated as
a separate violation.
``(d) Disclosure Requirements.--
``(1) In general.--It shall be an unfair or deceptive
practice for purposes of subsection (a) for any owner of a
cruise vessel offering to sell a ticket for passenger travel on
a cruise vessel to fail to disclose, in writing, prior to such
offer--
``(A) the name of the cruise vessel on which the
travel will take place;
``(B) the casualty history of the cruise vessel,
including an identification of all man overboard
instances;
``(C) a list of all complaints of crimes committed
on any voyage of the cruise vessel that embarked or
disembarked passengers in the United States, including
all incidents reported to the Federal Bureau of
Investigation without regard to investigative status,
which shall indicate, for each complaint--
``(i) whether a crew member was involved;
``(ii) whether a passenger was involved;
and
``(iii) whether a minor was involved;
``(D) the number of gastric illness outbreaks on
the cruise vessel for which the Centers for Disease
Control and Prevention required--
``(i) reporting of an outbreak to the
Centers; or
``(ii) quarantining more than 10
passengers;
``(E) the number and length of delays of the cruise
vessel due to mechanical failures;
``(F) the country under the laws of which the
cruise vessel is documented;
``(G) where criminal and civil investigations and
proceedings will be held for incidents that occur
outside of United States waters;
``(H) a statement of whether the ticket price
includes all applicable taxes and fees, including taxes
and fees relating to ports of call;
``(I) an estimate of all applicable taxes and fees,
including taxes and fees relating to ports of call;
``(J) any other material condition of the travel
determined appropriate for disclosure by the
Commission; and
``(K) instructions to passengers on how to file
complaints with the Commission regarding the cruise
vessel and any violations of this chapter.
``(2) Internet offers.--In the case of an offer to sell
tickets for passenger travel on a cruise vessel through an
Internet Web site, disclosure of the information required under
paragraph (1) shall be--
``(A) provided on the first display of the Web site
that follows a search of a requested itinerary; and
``(B) in a format that is easily visible to a
viewer.
``(e) Electronic Tickets.--It shall be an unfair or deceptive
practice for purposes of subsection (a) for any owner of a cruise
vessel offering to sell a ticket for passenger travel on a cruise
vessel through an Internet Web site to require that the ticket
purchaser provide a printed version of that ticket for such travel if
the purchaser is able to provide identification determined appropriate
by the Commission at the time of such travel.
``Sec. 80702. Reimbursement for delays
``(a) In General.--The Federal Maritime Commission shall establish
a process to ensure that, in any case in which the initial departure or
the final disembarking of a cruise vessel for a cruise is delayed for a
period of more than 24 hours, a passenger with a ticket for the vessel
subject to such delay is reimbursed by an owner of the vessel in an
amount that--
``(1) if the delay is more than 24 hours but less than 48
hours, is equal to the lesser of--
``(A) half the price of the ticket of the
passenger; or
``(B) $500; or
``(2) if the delay is 48 hours or more, is equal to the
price of the ticket of the passenger.
``(b) Exceptions.--The Commission shall ensure that the process
under subsection (a) establishes appropriate exceptions for delays that
are the result of an unforeseeable event and are not related to a
mechanical failure, including--
``(1) inclement weather;
``(2) political unrest;
``(3) piracy; or
``(4) an action necessary to preserve the safety of
passengers.
``(c) Enforcement.--If the Commission determines that an owner of a
cruise vessel failed to reimburse a passenger as required under this
section, the Commission, after notice and an opportunity for a hearing,
may impose on such person a civil penalty of not more than $25,000.
``Sec. 80703. Customer service plans
``(a) In General.--An owner of a cruise vessel shall submit to the
Federal Maritime Commission a plan with respect to customer service
that includes processes for--
``(1) appropriately notifying passengers of delays and
cancellations;
``(2) ensuring transparent cancellation policies;
``(3) issuing prompt ticket refunds after cancellations;
``(4) properly accommodating passengers with disabilities
or special needs;
``(5) ensuring responsiveness to passenger complaints;
``(6) notifying passengers in a timely manner of changes to
planned itineraries or ports of call; and
``(7) meeting the essential needs of passengers during
lengthy delays, including by providing access to--
``(A) adequate food and potable water;
``(B) adequate restroom facilities;
``(C) electrical power;
``(D) real-time updates with respect to the delay;
``(E) cabin ventilation and comfortable cabin
temperatures; and
``(F) necessary medical treatment.
``(b) Ticket Contracts.--
``(1) Incorporation.--An owner of a cruise vessel shall
incorporate the plan submitted under subsection (a) into the
ticket contract of that owner.
``(2) Availability on internet.--An owner of a cruise
vessel shall make the ticket contract of that owner, including
the plan submitted under subsection (a), available on the Web
site of that owner in an easily accessible form.
``(c) Review.--The Commission shall review each plan submitted
under subsection (a) to determine if such plan is complete and may
require modifications of that plan for completeness as the Commission
determines necessary.
``(d) Timing.--
``(1) Initial submission of plans.--An owner of a cruise
vessel shall submit a plan under subsection (a) with respect to
the vessel--
``(A) if the vessel is owned or operated by the
owner on the date of enactment of this section, not
later than 120 days after such date of enactment; and
``(B) if ownership or operation of the vessel is
acquired by the owner after the date of enactment of
this section, not later than 120 days after the date of
such acquisition.
``(2) Review of plans.--The Commission shall determine the
completeness of each plan submitted to the Commission under
subsection (a) not later than 120 days after receiving such
plan.
``(e) Updates.--The Commission may periodically review plans
submitted under subsection (a) for completeness and require updates of
such plans as the Commission determines necessary.
``(f) Guidance.--Not later than 90 days after the date of enactment
of this section, the Commission shall issue guidance with respect to
the plans required under this section, which shall include information
regarding--
``(1) plan elements and the requirements for each of those
elements; and
``(2) filing of the plans, including contact information.
``(g) Enforcement.--
``(1) In general.--The Commission may impose, after notice
and an opportunity for a hearing, on any owner of a cruise
vessel who violates this section and any owner of a cruise
vessel determined to be operating in violation of a plan
submitted under this section, a civil penalty of not more than
$25,000.
``(2) Continuing violations.--For purposes of paragraph
(1), each day of a continuing violation shall be treated as a
separate violation.
``Sec. 80704. Passenger complaints
``(a) In General.--The Federal Maritime Commission shall establish
a process for cruise vessel passengers to report to the Commission
complaints relating to subjects addressed under this chapter, which
shall include a telephone number, an email address, and other
appropriate electronic means for complaint submission.
``(b) Notice.--The Commission shall notify the public and require
cruise vessel owners to notify passengers of the process established
under subsection (a).
``Sec. 80705. Report
``Not later than 3 years after the date of enactment of this
section, and every 3 years thereafter, the Federal Maritime Commission
shall submit to Congress a report on the implementation of this chapter
by the Commission, including any penalties imposed under this chapter.
``Sec. 80706. Authorization of fees
``(a) In General.--The Federal Maritime Commission may establish,
adjust, and collect fees in cruise vessel ticket prices to fund the
implementation of this chapter.
``(b) Relationship to Costs.--The Federal Maritime Commission shall
ensure that fees under subsection (a) are reasonably related to the
costs incurred by the Commission in implementing this chapter.
``(c) Limitations on Judicial Review.--The following shall not be
subject to judicial review:
``(1) The establishment or adjustment of a fee by the
Commission under this section.
``(2) The validity of a determination by the Commission for
purposes of this section of the costs to implement this chapter
and the processes and procedures applied by the Commission in
reaching such determination.
``(3) The allocation of costs by the Commission to services
it provides pursuant to this chapter and the processes and
procedures applied by the Commission in establishing such
allocation.
``(d) Costs Defined.--In this section, the term `costs' includes
operation and maintenance costs, leasing costs, and overhead expenses
associated with services provided by the Federal Maritime Commission
under this chapter and the facilities and equipment used in providing
such services.
``Sec. 80707. Definitions
``In this chapter, the following definitions apply:
``(1) Cruise vessel.--The term `cruise vessel' means a
passenger vessel (as defined in section 2101(22)) that--
``(A) is authorized to carry at least 250
passengers;
``(B) has onboard sleeping facilities for each
passenger; and
``(C) is used for voyages that embark or disembark
passengers in the United States.
``(2) Mechanical failure.--The term `mechanical failure'
means, with respect to a cruise vessel, the failure of any
machine or mechanical system of that vessel to function within
the parameters that the manufacturer or engineer of that
machine or system has specified is normal.
``(3) Owner.--The term `owner' means, with respect to a
cruise vessel, the owner, charterer, managing operator, master,
or other individual in charge of the vessel.''.
(b) Clerical Amendment.--The analysis for subtitle VIII of title
46, United States Code, is amended by adding after the item relating to
chapter 805 the following:
``807. Cruise Vessel Passenger Protections......... 80701''.
(c) Rule of Construction.--Nothing in this section, including any
amendment made in this section, may be construed to eliminate or
replace authority provided to a department or agency under other
Federal or State law.
|
Cruise Vessel Consumer Confidence Act of 2013 - Amends federal shipping law to authorize the Federal Maritime Commission (FMC) to investigate, on its own initiative or upon receiving a complaint, whether the sale of a ticket to a cruise vessel passenger by a cruise vessel owner is: (1) an unfair or deceptive practice, or (2) an unfair method of competition. Requires the FMC, in cases of an affirmative determination, to order the owner to cease such sales. Authorizes the FMC to impose a civil penalty of up to $25,000 for owners who violate such orders. Makes it an unfair or deceptive practice for an owner that fails to make certain written disclosures before offering to sell a ticket to a passenger. Makes it an unfair or deceptive practice for an owner offering to sell a ticket to a passenger via the Internet to require that the ticket purchaser provide a printed version of that ticket if the purchaser is able to provide appropriate identification at the time of travel. Directs the FMC to establish a process to ensure that a passenger with a ticket for a vessel whose initial departure or final disembarkment is delayed for more than 24 hours is reimbursed by the owner in an amount that is equal to: (1) the lesser of half the ticket price or $500, if the delay is between 24 and 48 hours. Or (2) the full price of the ticket, if the delay is 48 hours or more. Requires a cruise vessel owner to: (1) submit a customer service plan to the FMC, (2) incorporate it into the ticket contract of that owner, and (3) make both of them easily available on the owner's website. Directs the FMC to establish a process for passengers to report complaints to the FMC. Authorizes the FMC to establish, adjust, and collect fees in ticket prices to fund implementation of this Act.
|
Cruise Vessel Consumer Confidence Act of 2013
| 14,852
| 1,782
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Cruise Vessel Consumer Confidence Act of 2013". <SECTION-HEADER> CRUISE VESSEL PASSENGER PROTECTIONS. In General. Subtitle VIII of title 46, United States Code, is amended by adding at the end the following: "CHAPTER 807 CRUISE VESSEL PASSENGER PROTECTIONS "Section "80701. Unfair or deceptive practices and unfair methods of competition. "80702. Reimbursement for delays. "80703. Customer service plans. "80704. Passenger complaints. "80705. Report. "80706. Authorization of fees. "80707. Definitions. "Section 80701. Unfair or deceptive practices and unfair methods of competition In General. The Federal Maritime Commission may investigate an action by an owner of a cruise vessel relating to the sale of a ticket for passenger travel on a cruise vessel to determine if such action is an unfair or deceptive practice. Or an unfair method of competition. Origination of Investigations. The Commission may conduct an investigation under subsection (a) on the initiative of the Commission or upon receiving a complaint submitted to the Commission. Enforcement. In general. If the Commission determines that an action is an unfair or deceptive practice or an unfair method of competition under this section, the Commission, after notice and an opportunity for a hearing shall order the owner of a cruise vessel carrying out such action to cease such action. And if such owner violates the order under subparagraph (A), may impose on such owner a civil penalty of not more than $25,000. Continuing violations. For purposes of paragraph (B), each day of a continuing violation shall be treated as a separate violation. Disclosure Requirements. In general. It shall be an unfair or deceptive practice for purposes of subsection (a) for any owner of a cruise vessel offering to sell a ticket for passenger travel on a cruise vessel to fail to disclose, in writing, prior to such offer the name of the cruise vessel on which the travel will take place. The casualty history of the cruise vessel, including an identification of all man overboard instances. A list of all complaints of crimes committed on any voyage of the cruise vessel that embarked or disembarked passengers in the United States, including all incidents reported to the Federal Bureau of Investigation without regard to investigative status, which shall indicate, for each complaint whether a crew member was involved, whether a passenger was involved, and whether a minor was involved. The number of gastric illness outbreaks on the cruise vessel for which the Centers for Disease Control and Prevention required reporting of an outbreak to the Centers, or quarantining more than 10 passengers. The number and length of delays of the cruise vessel due to mechanical failures. The country under the laws of which the cruise vessel is documented. Where criminal and civil investigations and proceedings will be held for incidents that occur outside of United States waters. A statement of whether the ticket price includes all applicable taxes and fees, including taxes and fees relating to ports of call. An estimate of all applicable taxes and fees, including taxes and fees relating to ports of call. Any other material condition of the travel determined appropriate for disclosure by the Commission. And instructions to passengers on how to file complaints with the Commission regarding the cruise vessel and any violations of this chapter. Internet offers. In the case of an offer to sell tickets for passenger travel on a cruise vessel through an Internet Web site, disclosure of the information required under paragraph (1) shall be provided on the first display of the Web site that follows a search of a requested itinerary. And in a format that is easily visible to a viewer. Electronic Tickets. It shall be an unfair or deceptive practice for purposes of subsection (a) for any owner of a cruise vessel offering to sell a ticket for passenger travel on a cruise vessel through an Internet Web site to require that the ticket purchaser provide a printed version of that ticket for such travel if the purchaser is able to provide identification determined appropriate by the Commission at the time of such travel. "Section 80702. Reimbursement for delays In General. The Federal Maritime Commission shall establish a process to ensure that, in any case in which the initial departure or the final disembarking of a cruise vessel for a cruise is delayed for a period of more than 24 hours, a passenger with a ticket for the vessel subject to such delay is reimbursed by an owner of the vessel in an amount that if the delay is more than 24 hours but less than 48 hours, is equal to the lesser of half the price of the ticket of the passenger, or $500. Or if the delay is 48 hours or more, is equal to the price of the ticket of the passenger. Exceptions. The Commission shall ensure that the process under subsection (a) establishes appropriate exceptions for delays that are the result of an unforeseeable event and are not related to a mechanical failure, including inclement weather, political unrest, piracy. Or an action necessary to preserve the safety of passengers. Enforcement. If the Commission determines that an owner of a cruise vessel failed to reimburse a passenger as required under this section, the Commission, after notice and an opportunity for a hearing, may impose on such person a civil penalty of not more than $25,000. "Section 80703. Customer service plans In General. An owner of a cruise vessel shall submit to the Federal Maritime Commission a plan with respect to customer service that includes processes for appropriately notifying passengers of delays and cancellations, ensuring transparent cancellation policies, issuing prompt ticket refunds after cancellations, properly accommodating passengers with disabilities or special needs, ensuring responsiveness to passenger complaints. Notifying passengers in a timely manner of changes to planned itineraries or ports of call. And meeting the essential needs of passengers during lengthy delays, including by providing access to adequate food and potable water, adequate restroom facilities, electrical power, real-time updates with respect to the delay, cabin ventilation and comfortable cabin temperatures. And necessary medical treatment. Ticket Contracts. Incorporation. An owner of a cruise vessel shall incorporate the plan submitted under subsection (a) into the ticket contract of that owner. Availability on internet. An owner of a cruise vessel shall make the ticket contract of that owner, including the plan submitted under subsection (a), available on the Web site of that owner in an easily accessible form. Review. The Commission shall review each plan submitted under subsection (a) to determine if such plan is complete and may require modifications of that plan for completeness as the Commission determines necessary. Timing. Initial submission of plans. An owner of a cruise vessel shall submit a plan under subsection (a) with respect to the vessel if the vessel is owned or operated by the owner on the date of enactment of this section, not later than 120 days after such date of enactment. And if ownership or operation of the vessel is acquired by the owner after the date of enactment of this section, not later than 120 days after the date of such acquisition. Review of plans. The Commission shall determine the completeness of each plan submitted to the Commission under subsection (a) not later than 120 days after receiving such plan. Updates. The Commission may periodically review plans submitted under subsection (a) for completeness and require updates of such plans as the Commission determines necessary. Guidance. Not later than 90 days after the date of enactment of this section, the Commission shall issue guidance with respect to the plans required under this section, which shall include information regarding plan elements and the requirements for each of those elements. And filing of the plans, including contact information. Enforcement. In general. The Commission may impose, after notice and an opportunity for a hearing, on any owner of a cruise vessel who violates this section and any owner of a cruise vessel determined to be operating in violation of a plan submitted under this section, a civil penalty of not more than $25,000. Continuing violations. For purposes of paragraph , each day of a continuing violation shall be treated as a separate violation. "Section 80704. Passenger complaints In General. The Federal Maritime Commission shall establish a process for cruise vessel passengers to report to the Commission complaints relating to subjects addressed under this chapter, which shall include a telephone number, an email address, and other appropriate electronic means for complaint submission. Notice. The Commission shall notify the public and require cruise vessel owners to notify passengers of the process established under subsection (a). "Section 80705. Report "Not later than 3 years after the date of enactment of this section, and every 3 years thereafter, the Federal Maritime Commission shall submit to Congress a report on the implementation of this chapter by the Commission, including any penalties imposed under this chapter. "Section 80706. Authorization of fees In General. The Federal Maritime Commission may establish, adjust, and collect fees in cruise vessel ticket prices to fund the implementation of this chapter. Relationship to Costs. The Federal Maritime Commission shall ensure that fees under subsection (a) are reasonably related to the costs incurred by the Commission in implementing this chapter. Limitations on Judicial Review. The following shall not be subject to judicial review: The establishment or adjustment of a fee by the Commission under this section. The validity of a determination by the Commission for purposes of this section of the costs to implement this chapter and the processes and procedures applied by the Commission in reaching such determination. The allocation of costs by the Commission to services it provides pursuant to this chapter and the processes and procedures applied by the Commission in establishing such allocation. Costs Defined. In this section, the term `costs' includes operation and maintenance costs, leasing costs, and overhead expenses associated with services provided by the Federal Maritime Commission under this chapter and the facilities and equipment used in providing such services. "Section 80707. Definitions "In this chapter, the following definitions apply: Cruise vessel. The term `cruise vessel' means a passenger vessel (as defined in section 2101(22)) that is authorized to carry at least 250 passengers, has onboard sleeping facilities for each passenger. And is used for voyages that embark or disembark passengers in the United States. Mechanical failure. The term `mechanical failure' means, with respect to a cruise vessel, the failure of any machine or mechanical system of that vessel to function within the parameters that the manufacturer or engineer of that machine or system has specified is normal. Owner. The term `owner' means, with respect to a cruise vessel, the owner, charterer, managing operator, master, or other individual in charge of the vessel.". Clerical Amendment. The analysis for subtitle VIII of title 46, United States Code, is amended by adding after the item relating to chapter 805 the following: "807. Cruise Vessel Passenger Protections..... 80701". Rule of Construction. Nothing in this section, including any amendment made in this section, may be construed to eliminate or replace authority provided to a department or agency under other Federal or State law.
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Cruise Vessel Consumer Confidence Act of 2013 - Amends federal shipping law to authorize the Federal Maritime Commission (FMC) to investigate, on its own initiative or upon receiving a complaint, whether the sale of a ticket to a cruise vessel passenger by a cruise vessel owner is: (1) an unfair or deceptive practice, or (2) an unfair method of competition. Requires the FMC, in cases of an affirmative determination, to order the owner to cease such sales. Authorizes the FMC to impose a civil penalty of up to $25,000 for owners who violate such orders. Makes it an unfair or deceptive practice for an owner that fails to make certain written disclosures before offering to sell a ticket to a passenger. Makes it an unfair or deceptive practice for an owner offering to sell a ticket to a passenger via the Internet to require that the ticket purchaser provide a printed version of that ticket if the purchaser is able to provide appropriate identification at the time of travel. Directs the FMC to establish a process to ensure that a passenger with a ticket for a vessel whose initial departure or final disembarkment is delayed for more than 24 hours is reimbursed by the owner in an amount that is equal to: (1) the lesser of half the ticket price or $500, if the delay is between 24 and 48 hours. Or (2) the full price of the ticket, if the delay is 48 hours or more. Requires a cruise vessel owner to: (1) submit a customer service plan to the FMC, (2) incorporate it into the ticket contract of that owner, and (3) make both of them easily available on the owner's website. Directs the FMC to establish a process for passengers to report complaints to the FMC. Authorizes the FMC to establish, adjust, and collect fees in ticket prices to fund implementation of this Act.
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Cruise Vessel Consumer Confidence Act of 2013
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110_hr6788
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``SCHIP Full Funding Extension Act of
2008''.
SEC. 2. EXTENDING SCHIP FUNDING THROUGH FISCAL YEAR 2012.
(a) Through Fiscal Year 2012.--
(1) In general.--Section 2104 of the Social Security Act
(42 U.S.C. 1397dd), as amended by section 201 of the Medicare,
Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173),
is amended--
(A) in subsection (a)(11), by striking ``and 2009''
and inserting ``, 2009, 2010, 2011, and 2012''; and
(B) in subsection (c)(4)(B), by striking ``through
2009'' and inserting ``through 2012''.
(2) Availability of extended funding.--Funds made available
from any allotment made from funds appropriated under
subsection (a)(11) or (c)(4)(B) of section 2104 of the Social
Security Act (42 U.S.C. 1397dd) for fiscal year 2009, 2010,
2011, or 2012 shall not be available for child health
assistance for items and services furnished after September 30,
2012.
(b) Extension of Treatment of Qualifying States.--
(1) In general.--Section 2105(g)(1)(A) of the Social
Security Act (42 U.S.C. 1397ee(g)(1)(A)), as amended by section
201(b) of the Medicare, Medicaid, and SCHIP Extension Act of
2007 (Public Law 110-173), is amended by striking ``or 2009''
and inserting ``2009, 2010, 2011, or 2012''.
(2) Conforming amendment.--Section 201(b) of such Public
Law is amended by striking paragraph (2).
(c) Additional Allotments To Maintain SCHIP Programs Through Fiscal
Year 2012.--Section 2104 of the Social Security Act (42 U.S.C. 1397dd)
is amended by striking subsection (l) and inserting the following new
subsections:
``(l) Additional Allotments To Maintain SCHIP Programs for Fiscal
Year 2009.--
``(1) Appropriation; allotment authority.--For the purpose
of providing additional allotments described in subparagraphs
(A) and (B) of paragraph (3), there is appropriated, out of any
money in the Treasury not otherwise appropriated, such sums as
may be necessary, not to exceed $2,000,000,000 for fiscal year
2009.
``(2) Shortfall states described.--For purposes of
paragraph (3), a shortfall State described in this paragraph is
a State with a State child health plan approved under this
title for which the Secretary estimates, on the basis of the
most recent data available to the Secretary, that the Federal
share amount of the projected expenditures under such plan for
such State for fiscal year 2009 will exceed the sum of--
``(A) the amount of the State's allotments for each
of fiscal years 2007 and 2008 that will not be expended
by the end of fiscal year 2008;
``(B) the amount, if any, that is to be
redistributed to the State during fiscal year 2009 in
accordance with subsection (i); and
``(C) the amount of the State's allotment for
fiscal year 2009.
``(3) Allotments.--In addition to the allotments provided
under subsections (b) and (c), subject to paragraph (4), of the
amount available for the additional allotments under paragraph
(1) for fiscal year 2009, the Secretary shall allot--
``(A) to each shortfall State described in
paragraph (2) not described in subparagraph (B), such
amount as the Secretary determines will eliminate the
estimated shortfall described in such paragraph for the
State; and
``(B) to each commonwealth or territory described
in subsection (c)(3), an amount equal to the percentage
specified in subsection (c)(2) for the commonwealth or
territory multiplied by 1.05 percent of the sum of the
amounts determined for each shortfall State under
subparagraph (A).
``(4) Proration rule.--If the amounts available for
additional allotments under paragraph (1) are less than the
total of the amounts determined under subparagraphs (A) and (B)
of paragraph (3), the amounts computed under such subparagraphs
shall be reduced proportionally.
``(5) Retrospective adjustment.--The Secretary may adjust
the estimates and determinations made to carry out this
subsection as necessary on the basis of the amounts reported by
States not later than November 30, 2008, on CMS Form 64 or CMS
Form 21, as the case may be, and as approved by the Secretary.
``(6) One-year availability; no redistribution of
unexpended additional allotments.--Notwithstanding subsections
(e) and (f), amounts allotted to a State pursuant to this
subsection for fiscal year 2009, subject to paragraph (5),
shall only remain available for expenditure by the State
through September 30, 2009. Any amounts of such allotments that
remain unexpended as of such date shall not be subject to
redistribution under subsection (f).
``(m) Additional Allotments To Maintain SCHIP Programs for Fiscal
Year 2010.--
``(1) Appropriation; allotment authority.--For the purpose
of providing additional allotments described in subparagraphs
(A) and (B) of paragraph (3), there is appropriated, out of any
money in the Treasury not otherwise appropriated, such sums as
may be necessary, not to exceed $3,000,000,000 for fiscal year
2010.
``(2) Shortfall states described.--For purposes of
paragraph (3), a shortfall State described in this paragraph is
a State with a State child health plan approved under this
title for which the Secretary estimates, on the basis of the
most recent data available to the Secretary, that the Federal
share amount of the projected expenditures under such plan for
such State for fiscal year 2010 will exceed the sum of--
``(A) the amount of the State's allotments for each
of fiscal years 2008 and 2009 that will not be expended
by the end of fiscal year 2009;
``(B) the amount, if any, that is to be
redistributed to the State during fiscal year 2010 in
accordance with subsection (f); and
``(C) the amount of the State's allotment for
fiscal year 2010.
``(3) Allotments.--In addition to the allotments provided
under subsections (b) and (c), subject to paragraph (4), of the
amount available for the additional allotments under paragraph
(1) for fiscal year 2010, the Secretary shall allot--
``(A) to each shortfall State described in
paragraph (2) not described in subparagraph (B) such
amount as the Secretary determines will eliminate the
estimated shortfall described in such paragraph for the
State; and
``(B) to each commonwealth or territory described
in subsection (c)(3), an amount equal to the percentage
specified in subsection (c)(2) for the commonwealth or
territory multiplied by 1.05 percent of the sum of the
amounts determined for each shortfall State under
subparagraph (A).
``(4) Proration rule.--If the amounts available for
additional allotments under paragraph (1) are less than the
total of the amounts determined under subparagraphs (A) and (B)
of paragraph (3), the amounts computed under such subparagraphs
shall be reduced proportionally.
``(5) Retrospective adjustment.--The Secretary may adjust
the estimates and determinations made to carry out this
subsection as necessary on the basis of the amounts reported by
States not later than November 30, 2010, on CMS Form 64 or CMS
Form 21, as the case may be, and as approved by the Secretary.
``(6) Availability; no redistribution of unexpended
additional allotments.--Notwithstanding subsections (e) and
(f), amounts allotted to a State pursuant to this subsection
for fiscal year 2010, subject to paragraph (5), shall only
remain available for expenditure by the State through September
30, 2010. Any amounts of such allotments that remain unexpended
as of such date shall not be subject to redistribution under
subsection (f).
``(n) Application to Fiscal Years 2011 and 2012.--
``(1) In general.--Subject to paragraph (2), subsection (m)
shall apply to each of fiscal years 2011 and 2012 in the same
manner such subsection applies to fiscal year 2010.
``(2) Application.--In applying subsection (m) under
paragraph (1) with respect to--
``(A) fiscal year 2011--
``(i) each reference to a year or date in
such subsection shall be deemed a reference to
the following year or to one year after such
date, respectively; and
``(ii) the reference to `$3,000,000,000' in
paragraph (1) of such subsection shall be
deemed a reference to `$4,000,000,000'; and
``(B) fiscal year 2012--
``(i) each reference to a year or date in
such subsection shall be deemed a reference to
the second following year or to two year after
such date, respectively; and
``(ii) the reference to `$3,000,000,000' in
paragraph (1) of such subsection shall be
deemed a reference to `$5,000,000,000'.''.
SEC. 3. OPTION FOR QUALIFYING STATES TO RECEIVE THE ENHANCED PORTION OF
THE SCHIP MATCHING RATE FOR MEDICAID COVERAGE OF CERTAIN
CHILDREN.
Section 2105(g) of the Social Security Act (42 U.S.C. 1397ee(g)) is
amended--
(1) in paragraph (1)(A), by inserting ``subject to
paragraph (4),'' after ``Notwithstanding any other provision of
law,''; and
(2) by adding at the end the following new paragraph:
``(4) Option for certain allotments.--
``(A) Payment of enhanced portion of matching rate
for certain expenditures.--In the case of expenditures
described in subparagraph (B), a qualifying State (as
defined in paragraph (2)) may elect to be paid from the
State's allotment made under section 2104 for any
fiscal year (beginning with fiscal year 2009) (insofar
as the allotment is available to the State under
subsection (e) of such section) an amount each quarter
equal to the additional amount that would have been
paid to the State under title XIX with respect to such
expenditures if the enhanced FMAP (as determined under
subsection (b)) had been substituted for the Federal
medical assistance percentage (as defined in section
1905(b)).
``(B) Expenditures described.--For purposes of
subparagraph (A), the expenditures described in this
subparagraph are expenditures made after the date of
the enactment of this paragraph and during the period
in which funds are available to the qualifying State
for use under subparagraph (A), for the provision of
medical assistance to individuals residing in the State
who are eligible for medical assistance under the State
plan under title XIX or under a waiver of such plan and
who have not attained age 19, and whose family income
equals or exceeds 133 percent of the poverty line but
does not exceed the Medicaid applicable income
level.''.
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SCHIP Full Funding Extension Act of 2008 - Amends title XXI (SCHIP) of the Social Security Act to extend through FY2012 funding under the SCHIP program, including additional allotments to maintain SCHIP funding for such fiscal years in shortfall states. Grants qualifying states the option to receive the enhanced portion of the SCHIP matching rate for Medicaid coverage of certain children.
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To amend title XXI of the Social Security Act to extend through fiscal year 2012 funding under the State Children's Health Insurance Program (SCHIP).
| 12,772
| 391
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "SCHIP Full Funding Extension Act of 2008". <SECTION-HEADER> EXTENDING SCHIP FUNDING THROUGH FISCAL YEAR 2012. Through Fiscal Year 2012. In general. Section 2104 of the Social Security Act , as amended by section 201 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 , is amended in subsection (a)(11), by striking "and 2009" and inserting ", 2009, 2010, 2011, and 2012". And in subsection (c)(4)(B), by striking "through 2009" and inserting "through 2012". Availability of extended funding. Funds made available from any allotment made from funds appropriated under subsection (a)(11) or (c)(4)(B) of section 2104 of the Social Security Act for fiscal year 2009, 2010, 2011, or 2012 shall not be available for child health assistance for items and services furnished after September 30, 2012. Extension of Treatment of Qualifying States. In general. Section 2105(g)(1)(A) of the Social Security Act (42 USC. 1397ee(g)(1)(A)), as amended by section 201(b) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 , is amended by striking "or 2009" and inserting "2009, 2010, 2011, or 2012". Conforming amendment. Section 201(b) of such Public Law is amended by striking paragraph (2). Additional Allotments To Maintain SCHIP Programs Through Fiscal Year 2012. Section 2104 of the Social Security Act is amended by striking subsection (l) and inserting the following new subsections: Additional Allotments To Maintain SCHIP Programs for Fiscal Year 2009. Appropriation. Allotment authority. For the purpose of providing additional allotments described in subparagraphs and (B) of paragraph (3), there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary, not to exceed $2,000,000,000 for fiscal year 2009. Shortfall states described. For purposes of paragraph (3), a shortfall State described in this paragraph is a State with a State child health plan approved under this title for which the Secretary estimates, on the basis of the most recent data available to the Secretary, that the Federal share amount of the projected expenditures under such plan for such State for fiscal year 2009 will exceed the sum of the amount of the State's allotments for each of fiscal years 2007 and 2008 that will not be expended by the end of fiscal year 2008. The amount, if any, that is to be redistributed to the State during fiscal year 2009 in accordance with subsection (i). And the amount of the State's allotment for fiscal year 2009. Allotments. In addition to the allotments provided under subsections (b) and (c), subject to paragraph (4), of the amount available for the additional allotments under paragraph for fiscal year 2009, the Secretary shall allot to each shortfall State described in paragraph (2) not described in subparagraph (B), such amount as the Secretary determines will eliminate the estimated shortfall described in such paragraph for the State. And to each commonwealth or territory described in subsection (c)(3), an amount equal to the percentage specified in subsection (c)(2) for the commonwealth or territory multiplied by 1.05 percent of the sum of the amounts determined for each shortfall State under subparagraph (A). Proration rule. If the amounts available for additional allotments under paragraph (1) are less than the total of the amounts determined under subparagraphs (A) and (B) of paragraph (3), the amounts computed under such subparagraphs shall be reduced proportionally. Retrospective adjustment. The Secretary may adjust the estimates and determinations made to carry out this subsection as necessary on the basis of the amounts reported by States not later than November 30, 2008, on CMS Form 64 or CMS Form 21, as the case may be, and as approved by the Secretary. One-year availability. No redistribution of unexpended additional allotments. Notwithstanding subsections and (f), amounts allotted to a State pursuant to this subsection for fiscal year 2009, subject to paragraph (5), shall only remain available for expenditure by the State through September 30, 2009. Any amounts of such allotments that remain unexpended as of such date shall not be subject to redistribution under subsection (f). Additional Allotments To Maintain SCHIP Programs for Fiscal Year 2010. Appropriation. Allotment authority. For the purpose of providing additional allotments described in subparagraphs and (B) of paragraph (3), there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary, not to exceed $3,000,000,000 for fiscal year 2010. Shortfall states described. For purposes of paragraph (3), a shortfall State described in this paragraph is a State with a State child health plan approved under this title for which the Secretary estimates, on the basis of the most recent data available to the Secretary, that the Federal share amount of the projected expenditures under such plan for such State for fiscal year 2010 will exceed the sum of the amount of the State's allotments for each of fiscal years 2008 and 2009 that will not be expended by the end of fiscal year 2009. The amount, if any, that is to be redistributed to the State during fiscal year 2010 in accordance with subsection (f). And the amount of the State's allotment for fiscal year 2010. Allotments. In addition to the allotments provided under subsections (b) and (c), subject to paragraph (4), of the amount available for the additional allotments under paragraph for fiscal year 2010, the Secretary shall allot to each shortfall State described in paragraph (2) not described in subparagraph (B) such amount as the Secretary determines will eliminate the estimated shortfall described in such paragraph for the State. And to each commonwealth or territory described in subsection (c)(3), an amount equal to the percentage specified in subsection (c)(2) for the commonwealth or territory multiplied by 1.05 percent of the sum of the amounts determined for each shortfall State under subparagraph (A). Proration rule. If the amounts available for additional allotments under paragraph (1) are less than the total of the amounts determined under subparagraphs (A) and (B) of paragraph (3), the amounts computed under such subparagraphs shall be reduced proportionally. Retrospective adjustment. The Secretary may adjust the estimates and determinations made to carry out this subsection as necessary on the basis of the amounts reported by States not later than November 30, 2010, on CMS Form 64 or CMS Form 21, as the case may be, and as approved by the Secretary. Availability. No redistribution of unexpended additional allotments. Notwithstanding subsections (e) and , amounts allotted to a State pursuant to this subsection for fiscal year 2010, subject to paragraph (5), shall only remain available for expenditure by the State through September 30, 2010. Any amounts of such allotments that remain unexpended as of such date shall not be subject to redistribution under subsection (f). Application to Fiscal Years 2011 and 2012. In general. Subject to paragraph (2), subsection (m) shall apply to each of fiscal years 2011 and 2012 in the same manner such subsection applies to fiscal year 2010. Application. In applying subsection (m) under paragraph (1) with respect to fiscal year 2011 each reference to a year or date in such subsection shall be deemed a reference to the following year or to one year after such date, respectively. And the reference to `$3,000,000,000' in paragraph (1) of such subsection shall be deemed a reference to `$4,000,000,000'. And fiscal year 2012 each reference to a year or date in such subsection shall be deemed a reference to the second following year or to two year after such date, respectively. And the reference to `$3,000,000,000' in paragraph (1) of such subsection shall be deemed a reference to `$5,000,000,000'.". <SECTION-HEADER> OPTION FOR QUALIFYING STATES TO RECEIVE THE ENHANCED PORTION OF THE SCHIP MATCHING RATE FOR MEDICAID COVERAGE OF CERTAIN CHILDREN. Section 2105(g) of the Social Security Act (42 USC. 1397ee(g)) is amended in paragraph (1)(A), by inserting "subject to paragraph (4)," after "Notwithstanding any other provision of law,". And by adding at the end the following new paragraph: Option for certain allotments. Payment of enhanced portion of matching rate for certain expenditures. In the case of expenditures described in subparagraph (B), a qualifying State (as defined in paragraph (2)) may elect to be paid from the State's allotment made under section 2104 for any fiscal year (insofar as the allotment is available to the State under subsection an amount each quarter equal to the additional amount that would have been paid to the State under title XIX with respect to such expenditures if the enhanced FMAP (as determined under subsection (b)) had been substituted for the Federal medical assistance percentage (as defined in section 1905(b)). Expenditures described. For purposes of subparagraph (A), the expenditures described in this subparagraph are expenditures made after the date of the enactment of this paragraph and during the period in which funds are available to the qualifying State for use under subparagraph (A), for the provision of medical assistance to individuals residing in the State who are eligible for medical assistance under the State plan under title XIX or under a waiver of such plan and who have not attained age 19, and whose family income equals or exceeds 133 percent of the poverty line but does not exceed the Medicaid applicable income level.".
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SCHIP Full Funding Extension Act of 2008 - Amends title XXI (SCHIP) of the Social Security Act to extend through FY2012 funding under the SCHIP program, including additional allotments to maintain SCHIP funding for such fiscal years in shortfall states. Grants qualifying states the option to receive the enhanced portion of the SCHIP matching rate for Medicaid coverage of certain children.
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To amend title XXI of the Social Security Act to extend through fiscal year 2012 funding under the State Children's Health Insurance Program (SCHIP).
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109_s809
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Legal Pharmaceuticals
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) An individual's right to religious belief and worship
is a protected, fundamental right in the United States.
(2) An individual's right to access legal contraception is
a protected, fundamental right in the United States.
(3) An individual's right to religious belief and worship
cannot impede an individual's access to legal prescriptions,
including contraception.
SEC. 3. DUTIES OF PHARMACIES WITH RESPECT TO REFUSAL OF PHARMACISTS TO
FILL VALID PRESCRIPTIONS.
(a) In General.--Part B of title II of the Public Health Service
Act (42 U.S.C. 238 et seq.) is amended by adding at the end the
following section:
``SEC. 249. DUTIES OF PHARMACIES WITH RESPECT TO REFUSAL OF PHARMACISTS
TO FILL VALID PRESCRIPTIONS.
``(a) In General.--A pharmacy that receives prescription drugs or
prescription devices in interstate commerce shall maintain compliance
with the following conditions:
``(1) If a product is in stock and a pharmacist employed by
the pharmacy refuses on the basis of a personal belief to fill
a valid prescription for the product, the pharmacy ensures,
subject to the consent of the individual presenting the
prescription in any case in which the individual has reason to
know of the refusal, that the prescription is, without delay,
filled by another pharmacist employed by the pharmacy.
``(2) Subject to subsection (b), if a product is not in
stock and a pharmacist employed by the pharmacy refuses on the
basis of a personal belief or on the basis of pharmacy policy
to order or to offer to order the product when presented a
valid prescription for the product--
``(A) the pharmacy ensures that the individual
presenting the prescription is immediately informed
that the product is not in stock but can be ordered by
the pharmacy; and
``(B) the pharmacy ensures, subject to the consent
of the individual, that the product is, without delay,
ordered by another pharmacist employed by the pharmacy.
``(3) The pharmacy does not employ any pharmacist who
engages in any conduct with the intent to prevent or deter an
individual from filling a valid prescription for a product or
from ordering the product (other than the specific conduct
described in paragraph (1) or (2)), including--
``(A) the refusal to return a prescription form to
the individual after refusing to fill the prescription
or order the product, if the individual requests the
return of such form;
``(B) the refusal to transfer prescription
information to another pharmacy for refill dispensing
when such a transfer is lawful, if the individual
requests such transfer;
``(C) subjecting the individual to humiliation or
otherwise harassing the individual; or
``(D) breaching medical confidentiality with
respect to the prescription or threatening to breach
such confidentiality.
``(b) Products Not Ordinarily Stocked.--Subsection (a)(2) applies
only with respect to a pharmacy ordering a particular product for an
individual presenting a valid prescription for the product, and does
not require the pharmacy to keep such product in stock, except that
such subsection has no applicability with respect to a product for a
health condition if the pharmacy does not keep in stock any product for
such condition.
``(c) Enforcement.--
``(1) Civil penalty.--A pharmacy that violates a
requirement of subsection (a) is liable to the United States
for a civil penalty in an amount not exceeding $5,000 per day
of violation, and not to exceed $500,000 for all violations
adjudicated in a single proceeding.
``(2) Private cause of action.--Any person aggrieved as a
result of a violation of a requirement of subsection (a) may,
in any court of competent jurisdiction, commence a civil action
against the pharmacy involved to obtain appropriate relief,
including actual and punitive damages, injunctive relief, and a
reasonable attorney's fee and cost.
``(3) Limitations.--A civil action under paragraph (1) or
(2) may not be commenced against a pharmacy after the
expiration of the five-year period beginning on the date on
which the pharmacy allegedly engaged in the violation involved.
``(d) Definitions.--For purposes of this section:
``(1) The term `employ', with respect to the services of a
pharmacist, includes entering into a contract for the provision
of such services.
``(2) The term `pharmacist' means a person authorized by a
State to practice pharmacy, including the dispensing and
selling of prescription drugs.
``(3) The term `pharmacy' means a person who--
``(A) is authorized by a State to engage in the
business of selling prescription drugs at retail; and
``(B) employs one or more pharmacists.
``(4) The term `prescription device' means a device whose
sale at retail is restricted under section 520(e)(1) of the
Federal Food, Drug, and Cosmetic Act.
``(5) The term `prescription drug' means a drug that is
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act.
``(6) The term `product' means a prescription drug or a
prescription device.
``(7) The term `valid', with respect to a prescription,
means--
``(A) in the case of a drug, a prescription within
the meaning of section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act that is in compliance with
applicable law, including, in the case of a
prescription for a drug that is a controlled substance,
compliance with part 1306 of title 21, Code of Federal
Regulations, or successor regulations; and
``(B) in the case of a device, an authorization of
a practitioner within the meaning of section 520(e)(1)
of such Act that is in compliance with applicable law.
``(8) The term `without delay', with respect to a pharmacy
filling a prescription for a product or ordering the product,
means within the usual and customary timeframe at the pharmacy
for filling prescriptions for products for the health condition
involved or for ordering such products, respectively.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect upon the expiration of 30 days after the date of the enactment
of this Act, without regard to whether the Secretary of Health and
Human Services has issued any guidance or final rule regarding such
amendment.
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Access to Legal Pharmaceuticals Act - Amends the Public Health Service Act to require any pharmacy receiving prescription drugs or prescription devices in interstate commerce to: (1) ensure that any in stock prescription that one pharmacist refuses to fill on the basis of a personal belief is filled by another pharmacist employed by the pharmacy without delay. (2) ensure that any individual who presents a prescription for an item that is not in stock which one pharmacist refuses to order on the basis of a personal belief is immediately informed that the product can be ordered by the pharmacy and to order such product without delay. And (3) not employ any pharmacist who engages in any conduct with the intent to prevent or deter an individual from filling a valid prescription, including refusing to return a prescription form, refusing to transfer a prescription, or subjecting the individual to humiliation or harassment. Provides that this Act does not require the pharmacy to keep any particular product in stock nor does it apply with respect to a product for a health condition if the pharmacy does not keep in stock any product for such condition. Sets forth civil penalties. Allows a private cause of action for a violation of this Act.
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A bill to establish certain duties for pharmacies when pharmacists employed by the pharmacies refuse to fill valid prescriptions for drugs or devices on the basis of personal beliefs, and for other purposes.
| 7,525
| 1,252
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Access to Legal Pharmaceuticals Act". <SECTION-HEADER> FINDINGS. The Congress finds as follows: An individual's right to religious belief and worship is a protected, fundamental right in the United States. An individual's right to access legal contraception is a protected, fundamental right in the United States. An individual's right to religious belief and worship cannot impede an individual's access to legal prescriptions, including contraception. <SECTION-HEADER> DUTIES OF PHARMACIES WITH RESPECT TO REFUSAL OF PHARMACISTS TO FILL VALID PRESCRIPTIONS. In General. Part B of title II of the Public Health Service Act is amended by adding at the end the following section: "Section 249. DUTIES OF PHARMACIES WITH RESPECT TO REFUSAL OF PHARMACISTS TO FILL VALID PRESCRIPTIONS. In General. A pharmacy that receives prescription drugs or prescription devices in interstate commerce shall maintain compliance with the following conditions: If a product is in stock and a pharmacist employed by the pharmacy refuses on the basis of a personal belief to fill a valid prescription for the product, the pharmacy ensures, subject to the consent of the individual presenting the prescription in any case in which the individual has reason to know of the refusal, that the prescription is, without delay, filled by another pharmacist employed by the pharmacy. Subject to subsection (b), if a product is not in stock and a pharmacist employed by the pharmacy refuses on the basis of a personal belief or on the basis of pharmacy policy to order or to offer to order the product when presented a valid prescription for the product the pharmacy ensures that the individual presenting the prescription is immediately informed that the product is not in stock but can be ordered by the pharmacy. And the pharmacy ensures, subject to the consent of the individual, that the product is, without delay, ordered by another pharmacist employed by the pharmacy. The pharmacy does not employ any pharmacist who engages in any conduct with the intent to prevent or deter an individual from filling a valid prescription for a product or from ordering the product (other than the specific conduct described in paragraph (1) or (2)), including the refusal to return a prescription form to the individual after refusing to fill the prescription or order the product, if the individual requests the return of such form. The refusal to transfer prescription information to another pharmacy for refill dispensing when such a transfer is lawful, if the individual requests such transfer, subjecting the individual to humiliation or otherwise harassing the individual. Or breaching medical confidentiality with respect to the prescription or threatening to breach such confidentiality. Products Not Ordinarily Stocked. Subsection (a)(2) applies only with respect to a pharmacy ordering a particular product for an individual presenting a valid prescription for the product, and does not require the pharmacy to keep such product in stock, except that such subsection has no applicability with respect to a product for a health condition if the pharmacy does not keep in stock any product for such condition. Enforcement. Civil penalty. A pharmacy that violates a requirement of subsection (a) is liable to the United States for a civil penalty in an amount not exceeding $5,000 per day of violation, and not to exceed $500,000 for all violations adjudicated in a single proceeding. Private cause of action. Any person aggrieved as a result of a violation of a requirement of subsection (a) may, in any court of competent jurisdiction, commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and a reasonable attorney's fee and cost. Limitations. A civil action under paragraph (1) or may not be commenced against a pharmacy after the expiration of the five-year period beginning on the date on which the pharmacy allegedly engaged in the violation involved. Definitions. For purposes of this section: The term `employ', with respect to the services of a pharmacist, includes entering into a contract for the provision of such services. The term `pharmacist' means a person authorized by a State to practice pharmacy, including the dispensing and selling of prescription drugs. The term `pharmacy' means a person who is authorized by a State to engage in the business of selling prescription drugs at retail. And employs one or more pharmacists. The term `prescription device' means a device whose sale at retail is restricted under section 520(e)(1) of the Federal Food, Drug, and Cosmetic Act. The term `prescription drug' means a drug that is subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act. The term `product' means a prescription drug or a prescription device. The term `valid', with respect to a prescription, means in the case of a drug, a prescription within the meaning of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act that is in compliance with applicable law, including, in the case of a prescription for a drug that is a controlled substance, compliance with part 1306 of title 21, Code of Federal Regulations, or successor regulations. And in the case of a device, an authorization of a practitioner within the meaning of section 520(e)(1) of such Act that is in compliance with applicable law. The term `without delay', with respect to a pharmacy filling a prescription for a product or ordering the product, means within the usual and customary timeframe at the pharmacy for filling prescriptions for products for the health condition involved or for ordering such products, respectively.". Effective Date. The amendment made by subsection (a) takes effect upon the expiration of 30 days after the date of the enactment of this Act, without regard to whether the Secretary of Health and Human Services has issued any guidance or final rule regarding such amendment.
|
Access to Legal Pharmaceuticals Act - Amends the Public Health Service Act to require any pharmacy receiving prescription drugs or prescription devices in interstate commerce to: (1) ensure that any in stock prescription that one pharmacist refuses to fill on the basis of a personal belief is filled by another pharmacist employed by the pharmacy without delay. (2) ensure that any individual who presents a prescription for an item that is not in stock which one pharmacist refuses to order on the basis of a personal belief is immediately informed that the product can be ordered by the pharmacy and to order such product without delay. And (3) not employ any pharmacist who engages in any conduct with the intent to prevent or deter an individual from filling a valid prescription, including refusing to return a prescription form, refusing to transfer a prescription, or subjecting the individual to humiliation or harassment. Provides that this Act does not require the pharmacy to keep any particular product in stock nor does it apply with respect to a product for a health condition if the pharmacy does not keep in stock any product for such condition. Sets forth civil penalties. Allows a private cause of action for a violation of this Act.
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A bill to establish certain duties for pharmacies when pharmacists employed by the pharmacies refuse to fill valid prescriptions for drugs or devices on the basis of personal beliefs, and for other purposes.
|
108_s2852
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Olympics Sport and
Empowerment Act of 2004''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Special Olympics celebrates the possibilities of a
world where everybody matters, everybody counts, every person
has value, and every person has worth.
(2) The Government and the people of the United States
recognize the dignity and value the giftedness of children and
adults with intellectual disabilities.
(3) The Government and the people of the United States are
determined to end the isolation and stigmatization of
individuals with intellectual disabilities.
(4) For more than 36 years, Special Olympics has encouraged
skill, sharing, courage, and joy through year-round sports
training and athletic competition for children and adults with
intellectual disabilities.
(5) Special Olympics provides year-round sports training
and competitive opportunities to 1,500,000 athletes with
intellectual disabilities in 26 sports and plans to expand the
joy of participation through sport to hundreds of thousands of
individuals with intellectual disabilities within the United
States and worldwide over the next 5 years.
(6) Special Olympics has demonstrated its ability to
provide a major positive effect on the quality of life of
individuals with intellectual disabilities, improving their
health and physical well-being, building their confidence and
self-esteem, and giving them a voice to become active and
productive members of their communities.
(7) In society as a whole, Special Olympics has become a
vehicle and platform for breaking down artificial barriers,
improving public health, changing negative attitudes in
education, and helping athletes with intellectual disabilities
overcome the prejudice that individuals with intellectual
disabilities face in too many places.
(8) The Government of the United States enthusiastically
supports Special Olympics, recognizes its importance in
improving the lives of individuals with intellectual
disabilities, and recognizes Special Olympics as a valued and
important component of the global community.
(b) Purposes.--The purposes of this Act are to--
(1) provide support to Special Olympics to increase athlete
participation in and public awareness about the Special
Olympics movement;
(2) dispel negative stereotypes about individuals with
intellectual disabilities;
(3) build athletic and family involvement through sport;
and
(4) promote the extraordinary gifts of individuals with
intellectual disabilities.
SEC. 3. ASSISTANCE FOR SPECIAL OLYMPICS.
(a) Education Activities.--The Secretary of Education may award
grants to, or enter into contracts or cooperative agreements with,
Special Olympics to carry out the following:
(1) Activities to promote the expansion of Special
Olympics, including activities to increase the participation of
individuals with intellectual disabilities within the United
States.
(2) The design and implementation of Special Olympics
education programs, including character education and volunteer
programs that support the purposes of this Act, that can be
integrated into classroom instruction and are consistent with
academic content standards.
(b) International Activities.--The Secretary of State may award
grants to, or enter into contracts or cooperative agreements with,
Special Olympics to carry out the following:
(1) Activities to increase the participation of individuals
with intellectual disabilities in Special Olympics outside of
the United States.
(2) Activities to improve the awareness outside of the
United States of the abilities of individuals with intellectual
disabilities and the unique contributions that individuals with
intellectual disabilities can make to society.
(c) Healthy Athletes.--
(1) In general.--The Secretary of Health and Human Services
may award grants to, or enter into contracts or cooperative
agreements with, Special Olympics for the implementation of
onsite health assessments, screening for health problems,
health education, data collection, and referrals to direct
health care services.
(2) Coordination.--Activities under paragraph (1) shall be
coordinated with activities of private health care providers,
authorized programs of State and local jurisdictions, and
activities of the Department of Health and Human Services, as
applicable.
(d) Limitation.--Amounts appropriated to carry out this section
shall not be used for direct treatment of diseases, medical conditions,
or mental health conditions. Nothing in the preceding sentence shall be
construed to limit the use of non-Federal funds by Special Olympics.
SEC. 4. APPLICATION AND ANNUAL REPORT.
(a) Application.--
(1) In general.--To be eligible for a grant, contract, or
cooperative agreement under subsection (a), (b), or (c) of
section 3, Special Olympics shall submit an application at such
time, in such manner, and containing such information as the
Secretary of Education, Secretary of State, or Secretary of
Health and Human Services, as applicable, may require.
(2) Content.--At a minimum, an application under this
subsection shall contain the following:
(A) Activities.--A description of activities to be
carried out with the grant, contract, or cooperative
agreement.
(B) Measurable goals.--Information on specific
measurable goals and objectives to be achieved through
activities carried out with the grant, contract, or
cooperative agreement.
(b) Annual Report.--
(1) In general.--As a condition on receipt of any funds
under subsection (a), (b), or (c) of section 3, Special
Olympics shall agree to submit an annual report at such time,
in such manner, and containing such information as the
Secretary of Education, Secretary of State, or Secretary of
Health and Human Services, as applicable, may require.
(2) Content.--At a minimum, each annual report under this
subsection shall describe the degree to which progress has been
made toward meeting the goals and objectives described in the
applicable application submitted under subsection (a).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) for grants, contracts, or cooperative agreements under
section 3(a), $5,500,000 for fiscal year 2005, and such sums as
may be necessary for each of the 4 succeeding fiscal years;
(2) for grants, contracts, or cooperative agreements under
section 3(b), $3,500,000 for fiscal year 2005, and such sums as
may be necessary for each of the 4 succeeding fiscal years; and
(3) for grants, contracts, or cooperative agreements under
section 3(c), $6,000,000 for each of fiscal years 2005 through
2009.
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Special Olympics Sport and Empowerment Act of 2004 - Authorizes the Secretaries of Education, of State, and of Health and Human Services to award grants to, or enter into contracts or cooperative agreements with, Special Olympics for specified education, international, and health activities, including ones promoting Special Olympics and a greater understanding of contributions to society by individuals with intellectual disabilities both within and outside of the United States.
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A bill to provide assistance to Special Olympics to support expansion of Special Olympics and development of education programs and a Healthy Athletes Program, and for other purposes.
| 8,419
| 482
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Special Olympics Sport and Empowerment Act of 2004". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. Congress finds the following: Special Olympics celebrates the possibilities of a world where everybody matters, everybody counts, every person has value, and every person has worth. The Government and the people of the United States recognize the dignity and value the giftedness of children and adults with intellectual disabilities. The Government and the people of the United States are determined to end the isolation and stigmatization of individuals with intellectual disabilities. For more than 36 years, Special Olympics has encouraged skill, sharing, courage, and joy through year-round sports training and athletic competition for children and adults with intellectual disabilities. Special Olympics provides year-round sports training and competitive opportunities to 1,500,000 athletes with intellectual disabilities in 26 sports and plans to expand the joy of participation through sport to hundreds of thousands of individuals with intellectual disabilities within the United States and worldwide over the next 5 years. Special Olympics has demonstrated its ability to provide a major positive effect on the quality of life of individuals with intellectual disabilities, improving their health and physical well-being, building their confidence and self-esteem, and giving them a voice to become active and productive members of their communities. In society as a whole, Special Olympics has become a vehicle and platform for breaking down artificial barriers, improving public health, changing negative attitudes in education, and helping athletes with intellectual disabilities overcome the prejudice that individuals with intellectual disabilities face in too many places. The Government of the United States enthusiastically supports Special Olympics, recognizes its importance in improving the lives of individuals with intellectual disabilities, and recognizes Special Olympics as a valued and important component of the global community. Purposes. The purposes of this Act are to provide support to Special Olympics to increase athlete participation in and public awareness about the Special Olympics movement, dispel negative stereotypes about individuals with intellectual disabilities, build athletic and family involvement through sport. And promote the extraordinary gifts of individuals with intellectual disabilities. <SECTION-HEADER> ASSISTANCE FOR SPECIAL OLYMPICS. Education Activities. The Secretary of Education may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: Activities to promote the expansion of Special Olympics, including activities to increase the participation of individuals with intellectual disabilities within the United States. The design and implementation of Special Olympics education programs, including character education and volunteer programs that support the purposes of this Act, that can be integrated into classroom instruction and are consistent with academic content standards. International Activities. The Secretary of State may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: Activities to increase the participation of individuals with intellectual disabilities in Special Olympics outside of the United States. Activities to improve the awareness outside of the United States of the abilities of individuals with intellectual disabilities and the unique contributions that individuals with intellectual disabilities can make to society. Healthy Athletes. In general. The Secretary of Health and Human Services may award grants to, or enter into contracts or cooperative agreements with, Special Olympics for the implementation of onsite health assessments, screening for health problems, health education, data collection, and referrals to direct health care services. Coordination. Activities under paragraph (1) shall be coordinated with activities of private health care providers, authorized programs of State and local jurisdictions, and activities of the Department of Health and Human Services, as applicable. Limitation. Amounts appropriated to carry out this section shall not be used for direct treatment of diseases, medical conditions, or mental health conditions. Nothing in the preceding sentence shall be construed to limit the use of non-Federal funds by Special Olympics. <SECTION-HEADER> APPLICATION AND ANNUAL REPORT. Application. In general. To be eligible for a grant, contract, or cooperative agreement under subsection (a), (b), or (c) of section 3, Special Olympics shall submit an application at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. Content. At a minimum, an application under this subsection shall contain the following: Activities. A description of activities to be carried out with the grant, contract, or cooperative agreement. Measurable goals. Information on specific measurable goals and objectives to be achieved through activities carried out with the grant, contract, or cooperative agreement. Annual Report. In general. As a condition on receipt of any funds under subsection (a), (b), or (c) of section 3, Special Olympics shall agree to submit an annual report at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. Content. At a minimum, each annual report under this subsection shall describe the degree to which progress has been made toward meeting the goals and objectives described in the applicable application submitted under subsection (a). <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for grants, contracts, or cooperative agreements under section 3(a), $5,500,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years. For grants, contracts, or cooperative agreements under section 3(b), $3,500,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years. And for grants, contracts, or cooperative agreements under section 3(c), $6,000,000 for each of fiscal years 2005 through 2009.
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Special Olympics Sport and Empowerment Act of 2004 - Authorizes the Secretaries of Education, of State, and of Health and Human Services to award grants to, or enter into contracts or cooperative agreements with, Special Olympics for specified education, international, and health activities, including ones promoting Special Olympics and a greater understanding of contributions to society by individuals with intellectual disabilities both within and outside of the United States.
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A bill to provide assistance to Special Olympics to support expansion of Special Olympics and development of education programs and a Healthy Athletes Program, and for other purposes.
|
114_s3201
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commodity Checkoff Program
Improvement Act of 2016''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the generic programs to promote and provide research
and information for an agricultural commodity (commonly known
as ``checkoff programs'') are intended to increase demand for
all of that agricultural commodity and benefit all assessed
producers of that agricultural commodity;
(2) although the laws establishing checkoff programs
broadly prohibit the use of funds in any manner for the purpose
of influencing legislation or government action, checkoff
programs have repeatedly been shown to use funds to influence
policy directly or by partnering with organizations that lobby;
(3) the unlawful use of checkoff programs funds benefits
some agricultural producers while harming many others;
(4) to more effectively prevent Boards from using funds for
unlawful purposes, strict separation of engagement between the
Boards and policy entities is necessary;
(5) conflicts of interest in the checkoff programs allow
special interests to use checkoff program funds for the benefit
of some assessed agricultural producers at the expense of many
others;
(6) prohibiting conflicts of interest in checkoff programs
is necessary to ensure the proper and lawful operation of the
checkoff programs;
(7) checkoff programs are designed to promote agricultural
commodities, not to damage other types of agricultural
commodities through anticompetitive conduct or otherwise;
(8) prohibiting anticompetitive and similar conduct is
necessary to ensure proper and lawful operation of checkoff
programs;
(9) lack of transparency in checkoff programs enables
abuses to occur and conceals abuses from being discovered; and
(10) requiring transparency in the expenditure of checkoff
program funds is necessary to prevent and uncover abuses in
checkoff programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means a board, committee, or
similar entity established to carry out a checkoff program or
an order issued by the Secretary under a checkoff program.
(2) Checkoff program.--The term ``checkoff program'' means
a program to promote and provide research and information for a
particular agricultural commodity without reference to specific
producers or brands, including a program carried out under any
of the following:
(A) The Cotton Research and Promotion Act (7 U.S.C.
2101 et seq.).
(B) The Potato Research and Promotion Act (7 U.S.C.
2611 et seq.).
(C) The Egg Research and Consumer Information Act
(7 U.S.C. 2701 et seq.).
(D) The Beef Research and Information Act (7 U.S.C.
2901 et seq.).
(E) The Wheat and Wheat Foods Research and
Nutrition Education Act (7 U.S.C. 3401 et seq.).
(F) The Floral Research and Consumer Information
Act (7 U.S.C. 4301 et seq.).
(G) Subtitle B of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4501 et seq.).
(H) The Honey Research, Promotion, and Consumer
Information Act (7 U.S.C. 4601 et seq.).
(I) The Pork Promotion, Research, and Consumer
Information Act of 1985 (7 U.S.C. 4801 et seq.).
(J) The Watermelon Research and Promotion Act (7
U.S.C. 4901 et seq.).
(K) The Pecan Promotion and Research Act of 1990 (7
U.S.C. 6001 et seq.).
(L) The Mushroom Promotion, Research, and Consumer
Information Act of 1990 (7 U.S.C. 6101 et seq.).
(M) The Lime Research, Promotion, and Consumer
Information Act of 1990 (7 U.S.C. 6201 et seq.).
(N) The Soybean Promotion, Research, and Consumer
Information Act (7 U.S.C. 6301 et seq.).
(O) The Fluid Milk Promotion Act of 1990 (7 U.S.C.
6401 et seq.).
(P) The Fresh Cut Flowers and Fresh Cut Greens
Promotion and Information Act of 1993 (7 U.S.C. 6801 et
seq.).
(Q) The Sheep Promotion, Research, and Information
Act of 1994 (7 U.S.C. 7101 et seq.).
(R) Section 501 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7401).
(S) The Commodity Promotion, Research, and
Information Act of 1996 (7 U.S.C. 7411 et seq.).
(T) The Canola and Rapeseed Research, Promotion,
and Consumer Information Act (7 U.S.C. 7441 et seq.).
(U) The National Kiwifruit Research, Promotion, and
Consumer Information Act (7 U.S.C. 7461 et seq.).
(V) The Popcorn Promotion, Research, and Consumer
Information Act (7 U.S.C. 7481 et seq.).
(W) The Hass Avocado Promotion, Research, and
Information Act of 2000 (7 U.S.C. 7801 et seq.).
(3) Conflict of interest.--The term ``conflict of
interest'' means a direct or indirect financial interest in a
person or entity that performs a service for, or enters into a
contract or agreement with, a Board for anything of economic
value.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. PROHIBITIONS; PUBLICATION OF BUDGETS AND DISBURSEMENTS.
(a) Prohibitions.--
(1) In general.--A Board shall not enter into any contract
or agreement to carry out checkoff program activities with a
party that engages in activities for the purpose of influencing
any government policy or action that relates to agriculture.
(2) Conflict of interest.--A Board shall not engage in, and
shall prohibit the employees and agents of the Board, acting in
their official capacity, from engaging in, any act that may
involve a conflict of interest.
(3) Other prohibitions.--A Board shall not engage in, and
shall prohibit the employees and agents of the Board, acting in
their official capacity, from engaging in--
(A) any anticompetitive activity;
(B) any unfair or deceptive act or practice; or
(C) any act that may be disparaging to another
agricultural commodity or product.
(b) Publication of Budgets and Disbursements.--
(1) In general.--The Board shall publish and make available
for public inspection all budgets and disbursements of funds
entrusted to the Board that are approved by the Secretary,
immediately on approval by the Secretary.
(2) Required disclosures.--In carrying out paragraph (1),
the Board shall disclose--
(A) the amount of the disbursement;
(B) the purpose of the disbursement, including the
activities to be funded by the disbursement;
(C) the identity of the recipient of the
disbursement; and
(D) the identity of any other parties that may
receive the disbursed funds, including any contracts or
subcontractors of the recipient of the disbursement.
(c) Audits.--
(1) Periodic audits by inspector general of usda.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, and not less frequently
than every 5 years thereafter, the Inspector General of
the Department of Agriculture shall conduct an audit to
determine the compliance of each checkoff program with
this section during the period of time covered by the
audit.
(B) Submission of reports.--On completion of each
audit under subparagraph (A), the Inspector General of
the Department of Agriculture shall--
(i) prepare a report describing the audit;
and
(ii) submit the report described in clause
(i) to--
(I) the appropriate committees of
Congress, including the Subcommittee on
Antitrust, Competition Policy and
Consumer Rights of the Committee on the
Judiciary of the Senate; and
(II) the Comptroller General of the
United States.
(2) Audit by comptroller general.--
(A) In general.--Not earlier than 3 years, and not
later than 5 years, after the date of enactment of this
Act, the Comptroller General of the United States
shall--
(i) conduct an audit to assess--
(I) the status of actions taken for
each checkoff program to ensure
compliance with this section; and
(II) the extent to which actions
described in subclause (I) have
improved the integrity of a checkoff
program; and
(ii) prepare a report describing the audit
conducted under clause (i), including any
recommendations for--
(I) strengthening the effect of
actions described in clause (i)(I); and
(II) improving Federal legislation
relating to checkoff programs.
(B) Consideration of inspector general reports.--
The Comptroller General of the United States shall
consider reports described in paragraph (1)(B) in
preparing any recommendations in the report under
subparagraph (A)(ii).
SEC. 5. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act, and the application of the provision to any
other person or circumstance, shall not be affected.
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Commodity Checkoff Program Improvement Act of 2016 This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture. The bill also prohibits a board or its employees or agents acting in their official capacity from engaging in: (1) any act that involves a conflict of interest. And (2) any anticompetitive activity, unfair or deceptive act or practice, or any act that may be disparaging to another agricultural commodity or product. The board must meet specified requirements regarding the publication of budgets and disbursements of funds. The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs.
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Commodity Checkoff Program Improvement Act of 2016
| 11,285
| 1,191
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Commodity Checkoff Program Improvement Act of 2016". <SECTION-HEADER> FINDINGS. Congress finds that the generic programs to promote and provide research and information for an agricultural commodity are intended to increase demand for all of that agricultural commodity and benefit all assessed producers of that agricultural commodity. Although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action, checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby. The unlawful use of checkoff programs funds benefits some agricultural producers while harming many others. To more effectively prevent Boards from using funds for unlawful purposes, strict separation of engagement between the Boards and policy entities is necessary. Conflicts of interest in the checkoff programs allow special interests to use checkoff program funds for the benefit of some assessed agricultural producers at the expense of many others. Prohibiting conflicts of interest in checkoff programs is necessary to ensure the proper and lawful operation of the checkoff programs. Checkoff programs are designed to promote agricultural commodities, not to damage other types of agricultural commodities through anticompetitive conduct or otherwise. Prohibiting anticompetitive and similar conduct is necessary to ensure proper and lawful operation of checkoff programs. Lack of transparency in checkoff programs enables abuses to occur and conceals abuses from being discovered. And requiring transparency in the expenditure of checkoff program funds is necessary to prevent and uncover abuses in checkoff programs. <SECTION-HEADER> DEFINITIONS. In this Act: Board. The term "Board" means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. Checkoff program. The term "checkoff program" means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: The Cotton Research and Promotion Act . The Potato Research and Promotion Act . The Egg Research and Consumer Information Act . The Beef Research and Information Act . The Wheat and Wheat Foods Research and Nutrition Education Act . The Floral Research and Consumer Information Act . Subtitle B of the Dairy Production Stabilization Act of 1983 . The Honey Research, Promotion, and Consumer Information Act . The Pork Promotion, Research, and Consumer Information Act of 1985 . The Watermelon Research and Promotion Act . The Pecan Promotion and Research Act of 1990 . The Mushroom Promotion, Research, and Consumer Information Act of 1990 . The Lime Research, Promotion, and Consumer Information Act of 1990 . The Soybean Promotion, Research, and Consumer Information Act . The Fluid Milk Promotion Act of 1990 . The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 . The Sheep Promotion, Research, and Information Act of 1994 . Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 . The Commodity Promotion, Research, and Information Act of 1996 . The Canola and Rapeseed Research, Promotion, and Consumer Information Act . The National Kiwifruit Research, Promotion, and Consumer Information Act . The Popcorn Promotion, Research, and Consumer Information Act . The Hass Avocado Promotion, Research, and Information Act of 2000 . Conflict of interest. The term "conflict of interest" means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. Secretary. The term "Secretary" means the Secretary of Agriculture. <SECTION-HEADER> PROHIBITIONS. PUBLICATION OF BUDGETS AND DISBURSEMENTS. Prohibitions. In general. A Board shall not enter into any contract or agreement to carry out checkoff program activities with a party that engages in activities for the purpose of influencing any government policy or action that relates to agriculture. Conflict of interest. A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in, any act that may involve a conflict of interest. Other prohibitions. A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in any anticompetitive activity, any unfair or deceptive act or practice. Or any act that may be disparaging to another agricultural commodity or product. Publication of Budgets and Disbursements. In general. The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. Required disclosures. In carrying out paragraph (1), the Board shall disclose the amount of the disbursement. The purpose of the disbursement, including the activities to be funded by the disbursement, the identity of the recipient of the disbursement. And the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. Audits. Periodic audits by inspector general of usda. In general. Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. Submission of reports. On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall prepare a report describing the audit. And submit the report described in clause to the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate. And the Comptroller General of the United States. Audit by comptroller general. In general. Not earlier than 3 years, and not later than 5 years, after the date of enactment of this Act, the Comptroller General of the United States shall conduct an audit to assess the status of actions taken for each checkoff program to ensure compliance with this section. And the extent to which actions described in subclause (I) have improved the integrity of a checkoff program. And prepare a report describing the audit conducted under clause (i), including any recommendations for strengthening the effect of actions described in clause (i)(I). And improving Federal legislation relating to checkoff programs. Consideration of inspector general reports. The Comptroller General of the United States shall consider reports described in paragraph (1)(B) in preparing any recommendations in the report under subparagraph (A)(ii). <SECTION-HEADER> SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.
|
Commodity Checkoff Program Improvement Act of 2016 This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture. The bill also prohibits a board or its employees or agents acting in their official capacity from engaging in: (1) any act that involves a conflict of interest. And (2) any anticompetitive activity, unfair or deceptive act or practice, or any act that may be disparaging to another agricultural commodity or product. The board must meet specified requirements regarding the publication of budgets and disbursements of funds. The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs.
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Commodity Checkoff Program Improvement Act of 2016
|
103_hr2263
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Tax Fairness Act of
1993''.
SEC. 2. CREDIT FOR PORTION OF EMPLOYEE OASDI TAXES.
(a) General Rule.--Subpart C of part IV of subchapter A of chapter
1 of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. CREDIT FOR PORTION OF EMPLOYEE OASDI TAXES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the lesser of--
``(1) such individual's employee OASDI taxes for the
taxable year, or
``(2) the tax credit limitation amount for the calendar
year in which such taxable year begins.
``(b) Tax Credit Limitation Amount.--For purposes of subsection
(a)--
``(1) In general.--Except as otherwise provided in this
subsection, the tax credit limitation amount for any calendar
year is the amount which the Secretary estimates will result in
a reduction of revenues to the Federal Old-Age and Survivors
Insurance Trust Fund for such calendar year equal to the
increase in revenues for such year attributable to the
application of--
``(A) the tax imposed by section 3101(a) to wages
in excess of the contribution and benefit base for such
year, and
``(B) the last sentence of section 1402(b).
``(2) Railroad retirement.--In the case of an individual
all of whose employee OASDI taxes for the taxable year are
described in subparagraphs (B) and (D) of subsection (c)(1),
the tax credit limitation amount for any calendar year is the
amount which the Railroad Retirement Board estimates will
result in a reduction of revenues to the Railroad Retirement
Account for such calendar year equal to the increase in
revenues for such year attributable to the application of the
taxes described in such subparagraphs to compensation in excess
of the contribution and benefit base for such year.
``(3) Adjustments.--The Secretary of the Treasury and the
Railroad Retirement Board, as the case may be, shall make
proper adjustments in the determination of the tax credit
limitation amounts to the extent prior estimates were in excess
of or less than the correct amounts for the purpose of ensuring
that the balances of the Federal Old-Age and Survivors
Insurance Trust Fund and the Railroad Retirement Account are
not eroded by reason of the credits allowed under this section,
thereby maintaining the long-term stability of such Trust Fund
and Account.
``(c) Employee OASDI Taxes.--For purposes of this section--
``(1) In general.--The term `employee OASDI taxes' means,
with respect to any taxpayer for any taxable year--
``(A) the amount of the taxes imposed by section
3101(a) on amounts received by the taxpayer during the
calendar year in which the taxable year begins,
``(B) so much of the tax imposed by section 3201(a)
as is determined at a rate not greater than the rate in
effect under section 3101(a) on amounts received by the
taxpayer during the calendar year in which the taxable
year begins,
``(C) 50 percent of the taxes imposed by section
1401(a) on the self-employment income of the taxpayer
for the taxable year, and
``(D) so much of the tax imposed by section
3211(a)(1) as is determined at a rate not greater than
the rate in effect under section 3101(a) on amounts
received by the taxpayer during the calendar year in
which the taxable year begins.
``(2) Special rule.--Any amounts paid pursuant to an
agreement under section 3121(l) (relating to agreements entered
into by American employers with respect to foreign affiliates)
which are equivalent to the taxes referred to in paragraph
(1)(A) shall be treated as taxes referred to in such paragraph.
``(3) Contribution and benefit base.--The term
`contribution and benefit base' means the contribution and
benefit base determined under section 230 of the Social
Security Act.''
(b) Cost of Credit Borne By Retirement Funds.--
(1) OASDI trust fund.--The Secretary of the Treasury shall
pay, from time to time, from the Federal Old-Age and Survivors
Insurance Trust Fund to the general fund of the Treasury
amounts equivalent to the credits allowed under section 35 of
the Internal Revenue Code of 1986 which are attributable to
taxes described in subparagraphs (A) and (C) of section
35(c)(1) of such Code.
(2) Railroad retirement account.--The Railroad Retirement
Board shall pay, from time to time, from the Railroad
Retirement Account to the general fund of the Treasury amounts
equivalent to the credits allowed under section 35 of the
Internal Revenue Code of 1986 which are attributable to taxes
described in subparagraphs (B) and (D) of section 35(c)(1) of
such Code.
(3) Transfers.--Such amounts shall be transferred on the
basis of estimates by the Secretary of the Treasury or the
Railroad Retirement Board, as the case may be, and proper
adjustments shall be made in amounts subsequently transferred
to the extent prior estimates were in excess of or less than
the credits allowed.
(c) Technical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``or
from section 35 of such Code''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 35 and inserting the following:
``Sec. 35. Credit for portion of employee
OASDI taxes.
``Sec. 36. Overpayments of tax.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993.
SEC. 3. REPEAL OF DOLLAR LIMITATION ON AMOUNT OF WAGES SUBJECT TO
EMPLOYEE OASDI TAX.
(a) OASDI Tax.--
(1) Paragraph (1) of section 3121(a) of the Internal
Revenue Code of 1986 (defining wages) is amended by inserting
``except in the case of the tax imposed by section 3101(a),''
after ``(1)''.
(2) Paragraph (1) of section 3121(x) of such Code is
amended--
(A) by striking ``sections 3101(a) and 3111(a)''
and inserting ``section 3111(a)'', and
(B) by inserting ``Employer Tax for'' before ``Old-
Age'' in the heading.
(b) Self-Employment Tax.--Subsection (b) of section 1402 of such
Code is amended by adding at the end thereof the following new
sentence: ``Paragraph (1) shall not apply to so much of the rate
applicable under section 1401(a) as does not exceed the rate of tax in
effect under section 3101(a).''
(c) Railroad Retirement Tax.--Subparagraph (A) of section
3231(e)(2) of such Code is amended by adding at the end thereof the
following new clause:
``(iii) Employee oasdi taxes.--Clause (i)
shall not apply to--
``(I) so much of the rate
applicable under section 3201(a) as
does not exceed the rate of tax in
effect under section 3101(a), and
``(II) so much of the rate
applicable under section 3211(a)(1) as
does not exceed the rate of tax in
effect under section 3101(a).''
(d) Technical Amendments.--
(1) Paragraph (1) of section 6413(c) of such Code is
amended--
(A) by striking ``the contribution and benefit base
(as determined under section 230 of the Social Security
Act)'' and inserting ``the applicable contribution base
determined under section 3121(x)(2)'', and
(B) by striking ``section 3101 or section 3201''
and inserting ``section 3101(b) or section 3201(a) (to
the extent the rate applicable under section 3201(a) as
does not exceed the rate of tax in effect under section
3101(b))''.
(2) Subparagraphs (B) and (C) of section 6413(c)(2) of such
Code are each amended by striking ``section 3101'' each place
it appears and inserting ``section 3101(b)''.
(3) Subsection (c) of section 6413 of such Code is amended
by striking paragraph (3).
(e) Effective Date.--The amendments made by this section shall
apply to 1994 and later calendar years.
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Social Security Tax Fairness Act of 1993 - Amends the Internal Revenue Code to allow a refundable credit for a portion of an individual's employee OASDI taxes. Requires payment for the costs of such credit to the general fund of the Treasury from amounts in the Federal Old-Age and Survivors Insurance Trust Fund and the Railroad Retirement Account. Repeals the dollar limitation on the amount of wages subject to employee OASDI taxes.
|
Social Security Tax Fairness Act of 1993
| 9,704
| 435
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Social Security Tax Fairness Act of 1993". <SECTION-HEADER> CREDIT FOR PORTION OF EMPLOYEE OASDI TAXES. General Rule. Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: "Section 35. CREDIT FOR PORTION OF EMPLOYEE OASDI TAXES. Allowance of Credit. In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of such individual's employee OASDI taxes for the taxable year, or the tax credit limitation amount for the calendar year in which such taxable year begins. Tax Credit Limitation Amount. For purposes of subsection In general. Except as otherwise provided in this subsection, the tax credit limitation amount for any calendar year is the amount which the Secretary estimates will result in a reduction of revenues to the Federal Old-Age and Survivors Insurance Trust Fund for such calendar year equal to the increase in revenues for such year attributable to the application of the tax imposed by section 3101(a) to wages in excess of the contribution and benefit base for such year, and the last sentence of section 1402(b). Railroad retirement. In the case of an individual all of whose employee OASDI taxes for the taxable year are described in subparagraphs (B) and (D) of subsection (c)(1), the tax credit limitation amount for any calendar year is the amount which the Railroad Retirement Board estimates will result in a reduction of revenues to the Railroad Retirement Account for such calendar year equal to the increase in revenues for such year attributable to the application of the taxes described in such subparagraphs to compensation in excess of the contribution and benefit base for such year. Adjustments. The Secretary of the Treasury and the Railroad Retirement Board, as the case may be, shall make proper adjustments in the determination of the tax credit limitation amounts to the extent prior estimates were in excess of or less than the correct amounts for the purpose of ensuring that the balances of the Federal Old-Age and Survivors Insurance Trust Fund and the Railroad Retirement Account are not eroded by reason of the credits allowed under this section, thereby maintaining the long-term stability of such Trust Fund and Account. Employee OASDI Taxes. For purposes of this section In general. The term `employee OASDI taxes' means, with respect to any taxpayer for any taxable year the amount of the taxes imposed by section 3101(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins, so much of the tax imposed by section 3201(a) as is determined at a rate not greater than the rate in effect under section 3101(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins, 50 percent of the taxes imposed by section 1401(a) on the self-employment income of the taxpayer for the taxable year, and so much of the tax imposed by section 3211(a)(1) as is determined at a rate not greater than the rate in effect under section 3101(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins. Special rule. Any amounts paid pursuant to an agreement under section 3121(l) which are equivalent to the taxes referred to in paragraph (A) shall be treated as taxes referred to in such paragraph. Contribution and benefit base. The term `contribution and benefit base' means the contribution and benefit base determined under section 230 of the Social Security Act." Cost of Credit Borne By Retirement Funds. OASDI trust fund. The Secretary of the Treasury shall pay, from time to time, from the Federal Old-Age and Survivors Insurance Trust Fund to the general fund of the Treasury amounts equivalent to the credits allowed under section 35 of the Internal Revenue Code of 1986 which are attributable to taxes described in subparagraphs (A) and (C) of section 35(c)(1) of such Code. Railroad retirement account. The Railroad Retirement Board shall pay, from time to time, from the Railroad Retirement Account to the general fund of the Treasury amounts equivalent to the credits allowed under section 35 of the Internal Revenue Code of 1986 which are attributable to taxes described in subparagraphs (B) and (D) of section 35(c)(1) of such Code. Transfers. Such amounts shall be transferred on the basis of estimates by the Secretary of the Treasury or the Railroad Retirement Board, as the case may be, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the credits allowed. Technical Amendments. Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period "or from section 35 of such Code". The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 35 and inserting the following: "<SECTION-HEADER> Credit for portion of employee OASDI taxes. "<SECTION-HEADER> Overpayments of tax." Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 1993. <SECTION-HEADER> REPEAL OF DOLLAR LIMITATION ON AMOUNT OF WAGES SUBJECT TO EMPLOYEE OASDI TAX. OASDI Tax. Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by inserting "except in the case of the tax imposed by section 3101(a)," after "(1)". Paragraph (1) of section 3121(x) of such Code is amended by striking "sections 3101(a) and 3111(a)" and inserting "section 3111(a)", and by inserting "Employer Tax for" before "Old- Age" in the heading. Self-Employment Tax. Subsection (b) of section 1402 of such Code is amended by adding at the end thereof the following new sentence: "Paragraph (1) shall not apply to so much of the rate applicable under section 1401(a) as does not exceed the rate of tax in effect under section 3101(a)." Railroad Retirement Tax. Subparagraph (A) of section 3231(e)(2) of such Code is amended by adding at the end thereof the following new clause: Employee oasdi taxes. Clause (i) shall not apply to so much of the rate applicable under section 3201(a) as does not exceed the rate of tax in effect under section 3101(a), and so much of the rate applicable under section 3211(a)(1) as does not exceed the rate of tax in effect under section 3101(a)." Technical Amendments. Paragraph (1) of section 6413(c) of such Code is amended by striking "the contribution and benefit base " and inserting "the applicable contribution base determined under section 3121(x)(2)", and by striking "section 3101 or section 3201" and inserting "section 3101(b) or section 3201(a) (to the extent the rate applicable under section 3201(a) as does not exceed the rate of tax in effect under section 3101(b))". Subparagraphs (B) and (C) of section 6413(c)(2) of such Code are each amended by striking "section 3101" each place it appears and inserting "section 3101(b)". Subsection (c) of section 6413 of such Code is amended by striking paragraph (3). Effective Date. The amendments made by this section shall apply to 1994 and later calendar years.
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Social Security Tax Fairness Act of 1993 - Amends the Internal Revenue Code to allow a refundable credit for a portion of an individual's employee OASDI taxes. Requires payment for the costs of such credit to the general fund of the Treasury from amounts in the Federal Old-Age and Survivors Insurance Trust Fund and the Railroad Retirement Account. Repeals the dollar limitation on the amount of wages subject to employee OASDI taxes.
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Social Security Tax Fairness Act of 1993
|
108_s1216
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cell Phone Users Bill of Rights''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Consumers rely increasingly on wireless telephone
service for personal, business, and emergency communications.
There are currently more than 137,000,000 wireless telephone
users in the United States. This is more than a 121 percent
increase in the number of such users in the past five years
alone. In the future this number is projected to grow as
consumers switch from wireline to wireless telephone service
for their primary telephone service.
(2) The lack of wireless telephone number portability--the
capacity of a consumer to retain a wireless telephone number
when changing wireless telephone service providers--is a
barrier to competition in the market for wireless telephone
service. The lack of number portability acts as a disincentive
for wireless telephone service providers to improve the quality
of their wireless telephone service.
(3) The lack of wireless telephone number portability
imposes significant costs on individual consumers and
businesses looking to change wireless telephone service
providers. More than half of business wireless telephone users
report that number portability would make them more likely to
change wireless telephone service providers.
(4) Consumers cannot easily compare offers for wireless
telephone service because information on terms, pricing, and
service plans for such service is not presented in a uniform
manner. Current wireless telephone service contracts do not
clearly display the information consumers need to make an
informed choice regarding a wireless telephone service
contract. Consumers may not be aware of the deficiencies in
wireless telephone service quality until after they have signed
a contract, and exorbitant early termination penalties
effectively lock consumers into undesired, long-term contracts.
(b) Purposes.--The purposes of this Act are--
(1) to improve quality of wireless telephone service; and
(2) to promote consumer choice in the wireless telephone
service market.
SEC. 3. TELEPHONE NUMBER PORTABILITY FOR WIRELESS TELEPHONE SERVICE.
(a) Requirement in Largest Markets.--
(1) Requirement.--Commencing not later than six months
after the date of the enactment of this Act, or November 24,
2003, whichever is earlier, the Federal Communications
Commission shall require each wireless telephone service
provider offering service in one of the 100 largest
Metropolitan Statistical Areas (MSA), as defined by the Bureau
of the Census, to provide consumers with the option to port
telephone numbers between wireless telephone service providers
by implementing wireless telephone number portability
throughout the networks of wireless telephone service providers
in each of such 100 largest Metropolitan Statistical Areas.
(2) Requirement not dependent on other carrier request.--
The requirement in paragraph (1) shall be implemented in each
Metropolitan Statistical Area referred to in that paragraph
without regard to the receipt of a request from any
telecommunications carrier in such Metropolitan Statistical
Area for wireless telephone number portability.
(b) Other Markets.--
(1) Requirement.--Commencing not later than 18 months after
the date of the enactment of this Act, or November 24, 2004,
whichever is earlier, the Commission shall require each
wireless telephone service provider in a Metropolitan
Statistical Area described in paragraph (2) to provide
customers with the option to port their telephone number
between wireless telephone service providers by implementing
wireless telephone number portability throughout the networks
of wireless telephone service providers in such Metropolitan
Statistical Area.
(2) Covered metropolitan statistical areas.--A Metropolitan
Statistical Area described in this paragraph is a Metropolitan
Statistical Area not covered by subsection (a) in which three
or more wireless telephone services providers provide wireless
telephone service.
SEC. 4. DISCLOSURE REQUIREMENTS FOR PLANS AND CONTRACTS FOR WIRELESS
TELEPHONE SERVICE.
(a) Disclosure Requirements.--The Federal Communications Commission
shall require that any publication, including publication on the
Internet, of a wireless telephone service provider of the terms of a
plan or contract for wireless telephone service shall set forth, in a
plain and conspicuous manner, the following information:
(1) Charges.--Information on charges, including calling-
from area, monthly base charge, per-minute charges for minutes
not included in the plan, and the method of calculating minutes
charged.
(2) Minutes.--Information on minutes included in plan,
including weekday/daytime, nights/weekends, long-distance,
roaming, incoming, and directory assistance.
(3) Contract terms.--Information on plan or contract terms,
including length of contract, early or other termination fees,
trial periods, and start-up fees.
(4) Taxes and surcharges.--
(A) Taxes.--Information on taxes to be collected by
the carrier for, and paid to, a State, local, or other
governmental agency.
(B) Surcharges.--Information on surcharges imposed
by the carrier for the costs of compliance with
regulations or for other purposes.
(5) Other information.--Any other information that the
Commission considers appropriate to ensure that consumers of
wireless telephone service are fully informed of the terms of
the plan or contract.
(b) Format.--Not later than six months after the date of the
enactment of this Act, the Commission shall prescribe regulations
requiring that the information required by subsection (a) be published
by wireless telephone service providers in a tabular format, in a clear
and uniform manner, and in at least 10 point font.
SEC. 5. PROVISION OF INFORMATION ON WIRELESS TELEPHONE SERVICE COVERAGE
AND QUALITY TO CONSUMERS.
(a) Service Area Maps.--
(1) Requirement.--Each wireless telephone service provider
shall make available a map showing the wireless telephone
service area of such provider. Each such map shall contain the
maximum practicable level of granularity. Each such map shall
be updated not less often than quarterly.
(2) Times of provision.--A map of the service area of a
wireless telephone service shall be provided to a consumer--
(A) upon the request of the consumer;
(B) whenever a plan or contract for the service is
entered into; and
(C) at such other times as the Federal
Communications Commission shall provide.
(3) Electronic availability.--Each map of a service area
under paragraph (1) shall be available--
(A) on the Internet web site of the provider
concerned; and
(B) on the Internet web site of the Commission.
(b) Service Quality.--
(1) Monitoring.--The Commission shall monitor the quality
of wireless telephone service provided in the United States by
requiring semiannual reports by wireless telephone service
providers on the following:
(A) Dropped calls.
(B) Blocked calls.
(C) Known coverage gaps (including average signal
strength) or dead zones.
(D) Predicted street level signal strength.
(E) Any other matters the Commission considers
appropriate.
(2) Communication with public.--In monitoring the quality
of wireless telephone service under paragraph (1), the
Commission shall establish a toll-free telephone number
(commonly referred to as an ``800'' number) and an Internet web
site at which members of the public can submit to the
Commission their comments and views on the quality of such
service.
(3) Publication.--The Commission shall make available to
wireless telephone service providers and the public on a
semiannual basis information on the quality of wireless
telephone service provided in the United States.
SEC. 6. ENFORCEMENT.
(a) Enforcement by FCC.--
(1) In general.--The Federal Communications Commission
shall have the power and authority to enforce the provisions of
this Act as if such provisions were provisions of the
Communications Act of 1934 (47 U.S.C. 151 et seq.).
(2) Penalties.--Penalties authorized by title V of the
Communications Act of 1947 (47 U.S.C. 501 et seq.) may be
imposed under this subsection for a violation of a provision of
this Act.
(b) Enforcement by States.--
(1) Authority.--The attorney general of a State, or the
public utility commission of a State if authorized by the laws
of the State, may bring a civil action on behalf of the
residents of the State in a district court of the United States
of appropriate jurisdiction to enforce the provisions of this
Act.
(2) Penalties.--Penalties authorized by title V of the
Communications Act of 1934 for a violation of a provision of
that Act may be imposed in a civil action under this subsection
for a violation of a provision of this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Wireless telephone service.--The term ``wireless
telephone service'' means any form of wireless telephone
service, including cellular telephone service, broadband
Personal Communication Service (PCS) telephone service, Covered
Specialized Mobile Radio (SMR) service, and any successor
service to such service (including so-called next generation or
third generations service).
(2) Wireless telephone service provider.--The term
``wireless telephone service provider'' means a
telecommunications carrier that provides wireless telephone
service.
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Cell Phone Users Bill of Rights - Directs the Federal Communications Commission (FCC) to require each wireless telephone service provider (provider) offering service in one of the largest 100 US metropolitan statistical areas to provide consumers with the option to port (retain) telephone numbers between providers by implementing wireless telephone number portability throughout the networks of providers in each of those statistical areas. Mandates subsequent implementation of such requirement with respect to all other metropolitan statistical areas in which three or more providers provide wireless service. Directs the FCC to require providers to include specified information in their wireless telephone service plans, including charges, minutes allowed, contract length, start-up fees, and taxes and surcharges. Requires each provider to make available, including on the Internet, a map of their service area. Directs the FCC to monitor the quality of wireless service through semiannual provider reports. Empowers the FCC to, and the States to bring civil actions in US district court to, enforce provisions of this Act.
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A bill to improve wireless telephone service, and for other purposes.
| 11,102
| 1,130
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Cell Phone Users Bill of Rights". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. Congress makes the following findings: Consumers rely increasingly on wireless telephone service for personal, business, and emergency communications. There are currently more than 137,000,000 wireless telephone users in the United States. This is more than a 121 percent increase in the number of such users in the past five years alone. In the future this number is projected to grow as consumers switch from wireline to wireless telephone service for their primary telephone service. The lack of wireless telephone number portability the capacity of a consumer to retain a wireless telephone number when changing wireless telephone service providers is a barrier to competition in the market for wireless telephone service. The lack of number portability acts as a disincentive for wireless telephone service providers to improve the quality of their wireless telephone service. The lack of wireless telephone number portability imposes significant costs on individual consumers and businesses looking to change wireless telephone service providers. More than half of business wireless telephone users report that number portability would make them more likely to change wireless telephone service providers. Consumers cannot easily compare offers for wireless telephone service because information on terms, pricing, and service plans for such service is not presented in a uniform manner. Current wireless telephone service contracts do not clearly display the information consumers need to make an informed choice regarding a wireless telephone service contract. Consumers may not be aware of the deficiencies in wireless telephone service quality until after they have signed a contract, and exorbitant early termination penalties effectively lock consumers into undesired, long-term contracts. Purposes. The purposes of this Act are to improve quality of wireless telephone service. And to promote consumer choice in the wireless telephone service market. <SECTION-HEADER> TELEPHONE NUMBER PORTABILITY FOR WIRELESS TELEPHONE SERVICE. Requirement in Largest Markets. Requirement. Commencing not later than six months after the date of the enactment of this Act, or November 24, 2003, whichever is earlier, the Federal Communications Commission shall require each wireless telephone service provider offering service in one of the 100 largest Metropolitan Statistical Areas (MSA), as defined by the Bureau of the Census, to provide consumers with the option to port telephone numbers between wireless telephone service providers by implementing wireless telephone number portability throughout the networks of wireless telephone service providers in each of such 100 largest Metropolitan Statistical Areas. Requirement not dependent on other carrier request. The requirement in paragraph (1) shall be implemented in each Metropolitan Statistical Area referred to in that paragraph without regard to the receipt of a request from any telecommunications carrier in such Metropolitan Statistical Area for wireless telephone number portability. Other Markets. Requirement. Commencing not later than 18 months after the date of the enactment of this Act, or November 24, 2004, whichever is earlier, the Commission shall require each wireless telephone service provider in a Metropolitan Statistical Area described in paragraph (2) to provide customers with the option to port their telephone number between wireless telephone service providers by implementing wireless telephone number portability throughout the networks of wireless telephone service providers in such Metropolitan Statistical Area. Covered metropolitan statistical areas. A Metropolitan Statistical Area described in this paragraph is a Metropolitan Statistical Area not covered by subsection (a) in which three or more wireless telephone services providers provide wireless telephone service. <SECTION-HEADER> DISCLOSURE REQUIREMENTS FOR PLANS AND CONTRACTS FOR WIRELESS TELEPHONE SERVICE. Disclosure Requirements. The Federal Communications Commission shall require that any publication, including publication on the Internet, of a wireless telephone service provider of the terms of a plan or contract for wireless telephone service shall set forth, in a plain and conspicuous manner, the following information: Charges. Information on charges, including calling- from area, monthly base charge, per-minute charges for minutes not included in the plan, and the method of calculating minutes charged. Minutes. Information on minutes included in plan, including weekdaydaytime, nightsweekends, long-distance, roaming, incoming, and directory assistance. Contract terms. Information on plan or contract terms, including length of contract, early or other termination fees, trial periods, and start-up fees. Taxes and surcharges. Taxes. Information on taxes to be collected by the carrier for, and paid to, a State, local, or other governmental agency. Surcharges. Information on surcharges imposed by the carrier for the costs of compliance with regulations or for other purposes. Other information. Any other information that the Commission considers appropriate to ensure that consumers of wireless telephone service are fully informed of the terms of the plan or contract. Format. Not later than six months after the date of the enactment of this Act, the Commission shall prescribe regulations requiring that the information required by subsection (a) be published by wireless telephone service providers in a tabular format, in a clear and uniform manner, and in at least 10 point font. <SECTION-HEADER> PROVISION OF INFORMATION ON WIRELESS TELEPHONE SERVICE COVERAGE AND QUALITY TO CONSUMERS. Service Area Maps. Requirement. Each wireless telephone service provider shall make available a map showing the wireless telephone service area of such provider. Each such map shall contain the maximum practicable level of granularity. Each such map shall be updated not less often than quarterly. Times of provision. A map of the service area of a wireless telephone service shall be provided to a consumer upon the request of the consumer. Whenever a plan or contract for the service is entered into. And at such other times as the Federal Communications Commission shall provide. Electronic availability. Each map of a service area under paragraph (1) shall be available on the Internet web site of the provider concerned. And on the Internet web site of the Commission. Service Quality. Monitoring. The Commission shall monitor the quality of wireless telephone service provided in the United States by requiring semiannual reports by wireless telephone service providers on the following: Dropped calls. Blocked calls. Known coverage gaps or dead zones. Predicted street level signal strength. Any other matters the Commission considers appropriate. Communication with public. In monitoring the quality of wireless telephone service under paragraph (1), the Commission shall establish a toll-free telephone number and an Internet web site at which members of the public can submit to the Commission their comments and views on the quality of such service. Publication. The Commission shall make available to wireless telephone service providers and the public on a semiannual basis information on the quality of wireless telephone service provided in the United States. <SECTION-HEADER> ENFORCEMENT. Enforcement by FCC. In general. The Federal Communications Commission shall have the power and authority to enforce the provisions of this Act as if such provisions were provisions of the Communications Act of 1934 . Penalties. Penalties authorized by title V of the Communications Act of 1947 may be imposed under this subsection for a violation of a provision of this Act. Enforcement by States. Authority. The attorney general of a State, or the public utility commission of a State if authorized by the laws of the State, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to enforce the provisions of this Act. Penalties. Penalties authorized by title V of the Communications Act of 1934 for a violation of a provision of that Act may be imposed in a civil action under this subsection for a violation of a provision of this Act. <SECTION-HEADER> DEFINITIONS. In this Act: Wireless telephone service. The term "wireless telephone service" means any form of wireless telephone service, including cellular telephone service, broadband Personal Communication Service (PCS) telephone service, Covered Specialized Mobile Radio (SMR) service, and any successor service to such service . Wireless telephone service provider. The term "wireless telephone service provider" means a telecommunications carrier that provides wireless telephone service.
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Cell Phone Users Bill of Rights - Directs the Federal Communications Commission (FCC) to require each wireless telephone service provider (provider) offering service in one of the largest 100 US metropolitan statistical areas to provide consumers with the option to port (retain) telephone numbers between providers by implementing wireless telephone number portability throughout the networks of providers in each of those statistical areas. Mandates subsequent implementation of such requirement with respect to all other metropolitan statistical areas in which three or more providers provide wireless service. Directs the FCC to require providers to include specified information in their wireless telephone service plans, including charges, minutes allowed, contract length, start-up fees, and taxes and surcharges. Requires each provider to make available, including on the Internet, a map of their service area. Directs the FCC to monitor the quality of wireless service through semiannual provider reports. Empowers the FCC to, and the States to bring civil actions in US district court to, enforce provisions of this Act.
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A bill to improve wireless telephone service, and for other purposes.
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104_hr3297
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SECTION 1. MOTORBOATS IN BOUNDARY WATERS CANOE AREA WILDERNESS.
(a) Basswood, Saganaga, and Birch Lakes.--Section 4(c) of Public
Law 95-495 (92 Stat. 1650) is amended--
(1) in paragraph (1)--
(A) by striking ``Basswood, except'' and all that
follows through ``Washington Island;'' and inserting
``Basswood, Lake County;'';
(B) by striking ``, except for that portion west of
American Point''; and
(C) by inserting ``Birch, Lake County;'' after
``Moose, Lake County;''; and
(2) by striking paragraph (4).
(b) Lac La Croix.--Section 4(d) of Public Law 95-495 (92 Stat.
1651) is amended by striking ``that portion of the Lac La Croix, Saint
Louis County, south of Snow Bay and east of Wilkins Bay'' and inserting
``and Lac la Croix, Saint Louis County''.
(c) Seagull Lake.--Section 4(c) of Public Law 95-495 (92 Stat.
1650) is amended--
(1) in paragraph (2), by striking ``, that portion
generally east of Threemile Island, Cook County''; and
(2) in paragraph (3), by striking ``Sea Gull, Cook County,
that portion generally west of Threemile Island, until January
1, 1999;''.
SEC. 2. GUESTS.
The second proviso of section 4(f) of Public Law 95-495 (92 Stat.
1651) is amended--
(1) by striking ``homeowners and their guests and resort
owners and their guests'' and inserting in lieu thereof
``homeowners and resort owners and the day and overnight guests
of homeowners and resort owners who buy or rent goods and
services''; and
(2) by inserting ``or chain of lakes'' after ``shall have
access to that particular lake''.
SEC. 3. MOTORIZED PORTAGES.
Section 4(g) of Public Law 95-495 (92 Stat. 1651) is amended to
read as follows:
``(g) Nothing in this Act shall be construed to prevent the
operation of motorized vehicles and associated equipment which is
necessary to assist in the transport of boats across the portages from
Moose Lake Chain to Basswood Lake, from Fall Lake to Basswood Lake, and
from Lake Vermilion to Trout Lake.''.
SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS INTERGOVERNMENTAL
COUNCIL.
Public Law 95-495 (92 Stat. 1650) is amended by adding at the end
the following new section:
``SEC. 22. BOUNDARY WATERS CANOE AREA WILDERNESS INTERGOVERNMENTAL
COUNCIL.
``(a) Establishment.--
``(1) Membership.--There is hereby established the Boundary
Waters Canoe Area Wilderness Intergovernmental Council
(hereafter in this section referred to as the ``Council''). The
Council shall be composed of 11 members, as follows:
``(A) The Under Secretary for Natural Resources and
Environment, Department of Agriculture, ex officio, or
his designee.
``(B) Three individuals, appointed by the Secretary
after consideration of recommendations by the Governor,
to represent the Minnesota Department of Natural
Resources, the Minnesota Environmental Quality Board,
and the Minnesota Office of Tourism.
``(C) One individual appointed by the Secretary to
represent the Minnesota Historical Society.
``(D) The Chair of the St. Louis County
Commissioners, or the designee of the Chair, ex
officio.
``(E) The Chair of the Lake County Commissioners,
or the designee of the Chair, ex officio.
``(F) The Chair of Cook County Commissioners, or
the designee of the Chair, ex officio.
``(G) The State Senator, who represents the area in
which the wilderness is located, or the designee of the
State Senator, ex officio.
``(H) The State Representative, who represents the
area in which the wilderness is located, or the
designee of the State Representative, ex officio.
``(I) One member of the Native American community
to represent the 1854 Treaty Authority.
``(2) Terms.--The term of the members appointed to the
Council under paragraph (1), other than ex officio members,
shall be two years. Any member of the Council appointed for a
definite term may serve after the expiration of his term until
his successor is appointed.
``(3) Compensation.--Members of the Council who are not
employed by the Federal Government shall serve without pay.
While away from their homes or regular places of business in
the performance of services of the Council, members of the
Council shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in Federal Government service are allowed
expenses under section 5703 of title 5, United States Code.
``(b) Provisions Relating to the Conduct of Council Business.--
``(1) Quorum.--Eight members of the Council shall
constitute a quorum.
``(2) Chairperson.--The members of the Council shall elect
a chairperson of the Council from among the members of the
Council.
``(3) Vacancy.--Any vacancy in the Council shall be filled
in the same manner in which the original appointment was made.
``(4) Meetings.--The Council shall meet at the call of the
chairperson or a majority of the members.
``(5) Staff.--The Secretary shall provide the Council with
such staff and technical assistance as the Secretary, after
consultation with the Council, considers appropriate to enable
the Council to carry out its duties. Upon request of the
Secretary, any Federal agency may provide information,
personnel, property, and services, on a reimbursable basis, to
the Council to assist in carrying out its duties under this
section. The Secretary may accept the services of personnel
detailed from the State of Minnesota or any political
subdivision of the State and may reimburse the State or such
political subdivision for such services.
``(6) Procedural matters.--
``(A) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Council.
``(B) Guidelines for conduct of business.--The
following guidelines apply with respect to the conduct
of business at meetings of the Council:
``(i) Each regular meeting and each
emergency meeting shall be open to the public.
``(ii) Emergency meetings shall be held at
the call of the chair or equivalent presiding
officer.
``(iii) Timely public notice of each
regular meeting and each emergency meeting,
including the time, place, and agenda of the
meeting, shall be published in local newspapers
and such notice may be given by such other
means as will result in wide publicity.
``(iv) Interested persons shall be
permitted to present oral or written statements
regarding the matters on the agenda at
meetings.
``(v) Minutes of each meeting shall be kept
and shall contain a record of the persons
present, an accurate description of matters
discussed and conclusions reached, and copies
of all statements filed.
``(vi) The administrative record, including
minutes required under clause (v), of each
meeting, and records or other documents which
were made available to or prepared for or by
the Council incident to the meeting, shall be
available for public inspection and copying at
a single location in the offices of the
Council.
``(C) New information.--At any time when the
Council determines it appropriate to consider new
information from a State or Federal agency or from a
Council advisory body, the Council shall give
comparable consideration to new information offered at
that time by interested members of the public.
Interested parties shall have a reasonable opportunity
to respond to new data or information before the
Council takes final action on management measures.
``(c) Functions.--The Council shall, in accordance with the
provisions of this Act--
``(1) prepare and submit to the Secretary draft amendments
to the management plan and, from time to time, such additional
amendments to the plan as are necessary, which provides for as
broad a range of sustainable land and water uses and scenic and
recreational activities as are compatible with the laws and
regulations governing the wilderness and other local, State, or
Federal public lands, as may be decided upon in the plan;
``(2) after considering public comment and comment from the
Secretary, prepare and submit to the Secretary revisions of the
management plan when appropriate for the purposes of making
regularly scheduled management plan revisions under section 6
of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604);
``(3) consult with and provide comments to the Secretary
regarding the environmental impact of major Federal actions
significantly affecting the quality of the human environment
which are proposed by the Secretary;
``(4) analyze the economic and environmental costs and
benefits of implementing sustainable practices for the
wilderness;
``(5) conduct public hearings, at appropriate times and in
appropriate locations, so as to allow all interested persons an
opportunity to be heard in the development of the amendments to
and revisions of the management plan, in the development of
major Federal actions referred to in paragraph (3), and with
respect to the administration and implementation of the
provisions of this Act;
``(6) establish an ongoing process of review and evaluation
of local, State, and Federal actions, plans, ordinances,
regulations, laws, and land use decisions for the purpose of
assessing their effect on the long-term sustainability of the
economic and environmental values and resources of the region;
``(7) submit to the Secretary such periodic reports as the
Council deems appropriate, and any other relevant report which
may be requested by the Secretary; and
``(8) conduct other activities which are required by, or
provided for in, this Act or which are necessary and
appropriate to the functions specified in paragraphs (1)
through (7).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 5. MANAGEMENT PLAN.
Public Law 95-495 (92 Stat. 1650), as amended by section 4 of this
Act, is further amended by adding at the end the following new section:
``SEC. 23. MANAGEMENT PLAN.
``(a) In General.--The provisions of this section shall apply when
the Secretary is amending and revising management plans for the
wilderness or considering decisions that require public involvement and
notification under the National Environmental Policy Act of 1969.
``(b) Management Plan.--
``(1) Received from council.--The Secretary shall receive
the draft amendments to the revisions of the management plan
prepared and submitted by the Boundary Waters Canoe Area
Wilderness Intergovernmental Council under section 22(c),
together with public comments on the draft amendments or
revisions, and shall review and, if necessary, submit to the
Council such recommendations as the Secretary determines
appropriate for revising the draft amendments or revisions.
``(2) Revisions.--The Secretary shall accept a revised
drafts prepared and submitted by the Council by reason of
paragraph (1).
``(3) Final plan.--
``(A) In general.--If the Secretary determines that
the amendments to or revisions of the management plan
are not inconsistent with other provisions of this Act
or applicable laws, treaties, executive orders, and
that the amended or revised management plan is in the
public interest, the Secretary shall adopt the amended
or revised management plan.
``(B) Management plan board.--
``(i) If the Secretary decides not to adopt
the revised amendments to the management plan,
the amendments to the management plan shall be
made by the Secretary in accordance with clause
(iii) pursuant to recommendations made by a
management plan board appointed under clause
(ii).
``(ii) The management plan board shall
consist of three members, appointed as follows:
``(I) One member appointed by the
Secretary,
``(II) One member appointed by the
Secretary from a list of 5 or more
individuals submitted by the Boundary
Waters Canoe Area Wilderness
Intergovernmental Council, by majority
vote. The Secretary may request
additional lists.
``(III) One member appointed by the
Secretary from a list of 5 or more
individuals submitted by the two
members appointed under subclauses (I)
and (II). The Secretary may request
additional lists.
Members of a management plan board who are not
employed by the Federal Government shall serve
without pay. While away from their homes or
regular places of business in the performance
of services of the board, members of the board
shall be allowed travel expenses, including per
diem in lieu of subsistence, in the same manner
as persons employed intermittently in Federal
Government service are allowed expenses under
section 5703 of title 5, United States Code.
The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to a management plan
board.
``(iii) The management plan board shall
review the revised amendments to the management
plan submitted by the Council to the Secretary
under section 22(c), and such comments on the
revised amendments and recommendations for such
amendments as the Secretary submits to the
board. Following such review, the board shall
submit to the Secretary such amendments as the
board finds to be appropriate under the
provisions of this Act. The Secretary shall
revise the management plan in a manner based on
the amendments submitted by the board.
``(4) Not accepted.--If the Secretary determines not to
adopt the amendments to or revisions of the management plan
under subparagraph (A), the Secretary shall notify the Council
in writing within 95 days of the determination and shall make
recommendations for further action by the Council. No amendment
to the management plan shall be implemented by the Secretary
until the Secretary complies with paragraphs (1), (2), and (3).
``(5) Failure of council to act.--If the Council declines
to submit to the Secretary a revised management plan, or
amendments to a revised plan, the Secretary may make such
revisions as the Secretary considers necessary or appropriate
and implement the plan.
``(c) Major Federal Actions.--The Secretary shall seek the comment
of the Council when considering major Federal actions that require
public involvement and notification under the National Environmental
Policy Act of 1969.
``(d) Status Quo.--The management plan of the wilderness may not be
changed except in accordance with this section.''.
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Modifies certain restrictions on the use of motorboats on, and motorized portages between, specified lakes within the Boundary Waters Canoe Area Wilderness in Minnesota. Permits the operation of motorized vehicles and associated equipment which is necessary to assist in the transport of boats across the portages from Moose Lake Chain to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake. Establishes the Boundary Waters Canoe Area Wilderness Intergovernmental Council to: (1) prepare and submit to the Secretary of Agriculture draft amendments and regularly scheduled revisions to the Wilderness management plan. (2) provide comments on the environmental impact of major Federal actions. And (3) analyze the economic and environmental costs and benefits of implementing sustainable practices for the Wilderness. Authorizes appropriations. Directs the Secretary: (1) to receive the Council's draft amendments, recommend revisions, and adopt the revised amendments that are consistent with the public interest and applicable laws. (2) if the Secretary decides not to adopt the Council's revised amendments, to appoint, and revise the management plan based on amendments submitted by, a management plan board. Or (3) if the Council declines to submit revised amendments, to make necessary and appropriate amendments and implement the plan. Directs the Secretary to seek the Council's comments when considering major Federal actions that require public involvement and notification under the National Environmental Policy Act of 1969.
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To provide for improved access to and use of the Boundary Waters Canoe Area Wilderness, and for other purposes.
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| 1,568
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<SECTION-HEADER> MOTORBOATS IN BOUNDARY WATERS CANOE AREA WILDERNESS. Basswood, Saganaga, and Birch Lakes. Section 4(c) of Public Law 95-495 is amended in paragraph (1) by striking "Basswood, except" and all that follows through "Washington Island, " and inserting "Basswood, Lake County, ". By striking ", except for that portion west of American Point", and by inserting "Birch, Lake County, " after "Moose, Lake County, ". And by striking paragraph (4). Lac La Croix. Section 4(d) of Public Law 95-495 is amended by striking "that portion of the Lac La Croix, Saint Louis County, south of Snow Bay and east of Wilkins Bay" and inserting "and Lac la Croix, Saint Louis County". Seagull Lake. Section 4(c) of Public Law 95-495 is amended in paragraph (2), by striking ", that portion generally east of Threemile Island, Cook County". And in paragraph (3), by striking "Sea Gull, Cook County, that portion generally west of Threemile Island, until January 1, 1999. ". <SECTION-HEADER> GUESTS. The second proviso of section 4(f) of Public Law 95-495 is amended by striking "homeowners and their guests and resort owners and their guests" and inserting in lieu thereof "homeowners and resort owners and the day and overnight guests of homeowners and resort owners who buy or rent goods and services". And by inserting "or chain of lakes" after "shall have access to that particular lake". <SECTION-HEADER> MOTORIZED PORTAGES. Section 4(g) of Public Law 95-495 is amended to read as follows: Nothing in this Act shall be construed to prevent the operation of motorized vehicles and associated equipment which is necessary to assist in the transport of boats across the portages from Moose Lake Chain to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake.". <SECTION-HEADER> BOUNDARY WATERS CANOE AREA WILDERNESS INTERGOVERNMENTAL COUNCIL. Public Law 95-495 is amended by adding at the end the following new section: "Section 22. BOUNDARY WATERS CANOE AREA WILDERNESS INTERGOVERNMENTAL COUNCIL. Establishment. Membership. There is hereby established the Boundary Waters Canoe Area Wilderness Intergovernmental Council . The Council shall be composed of 11 members, as follows: The Under Secretary for Natural Resources and Environment, Department of Agriculture, ex officio, or his designee. Three individuals, appointed by the Secretary after consideration of recommendations by the Governor, to represent the Minnesota Department of Natural Resources, the Minnesota Environmental Quality Board, and the Minnesota Office of Tourism. One individual appointed by the Secretary to represent the Minnesota Historical Society. The Chair of the St. Louis County Commissioners, or the designee of the Chair, ex officio. The Chair of the Lake County Commissioners, or the designee of the Chair, ex officio. The Chair of Cook County Commissioners, or the designee of the Chair, ex officio. The State Senator, who represents the area in which the wilderness is located, or the designee of the State Senator, ex officio. The State Representative, who represents the area in which the wilderness is located, or the designee of the State Representative, ex officio. One member of the Native American community to represent the 1854 Treaty Authority. Terms. The term of the members appointed to the Council under paragraph (1), other than ex officio members, shall be two years. Any member of the Council appointed for a definite term may serve after the expiration of his term until his successor is appointed. Compensation. Members of the Council who are not employed by the Federal Government shall serve without pay. While away from their homes or regular places of business in the performance of services of the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Federal Government service are allowed expenses under section 5703 of title 5, United States Code. Provisions Relating to the Conduct of Council Business. Quorum. Eight members of the Council shall constitute a quorum. Chairperson. The members of the Council shall elect a chairperson of the Council from among the members of the Council. Vacancy. Any vacancy in the Council shall be filled in the same manner in which the original appointment was made. Meetings. The Council shall meet at the call of the chairperson or a majority of the members. Staff. The Secretary shall provide the Council with such staff and technical assistance as the Secretary, after consultation with the Council, considers appropriate to enable the Council to carry out its duties. Upon request of the Secretary, any Federal agency may provide information, personnel, property, and services, on a reimbursable basis, to the Council to assist in carrying out its duties under this section. The Secretary may accept the services of personnel detailed from the State of Minnesota or any political subdivision of the State and may reimburse the State or such political subdivision for such services. Procedural matters. FACA. The Federal Advisory Committee Act shall not apply to the Council. Guidelines for conduct of business. The following guidelines apply with respect to the conduct of business at meetings of the Council: Each regular meeting and each emergency meeting shall be open to the public. Emergency meetings shall be held at the call of the chair or equivalent presiding officer. Timely public notice of each regular meeting and each emergency meeting, including the time, place, and agenda of the meeting, shall be published in local newspapers and such notice may be given by such other means as will result in wide publicity. Interested persons shall be permitted to present oral or written statements regarding the matters on the agenda at meetings. Minutes of each meeting shall be kept and shall contain a record of the persons present, an accurate description of matters discussed and conclusions reached, and copies of all statements filed. The administrative record, including minutes required under clause (v), of each meeting, and records or other documents which were made available to or prepared for or by the Council incident to the meeting, shall be available for public inspection and copying at a single location in the offices of the Council. New information. At any time when the Council determines it appropriate to consider new information from a State or Federal agency or from a Council advisory body, the Council shall give comparable consideration to new information offered at that time by interested members of the public. Interested parties shall have a reasonable opportunity to respond to new data or information before the Council takes final action on management measures. Functions. The Council shall, in accordance with the provisions of this Act prepare and submit to the Secretary draft amendments to the management plan and, from time to time, such additional amendments to the plan as are necessary, which provides for as broad a range of sustainable land and water uses and scenic and recreational activities as are compatible with the laws and regulations governing the wilderness and other local, State, or Federal public lands, as may be decided upon in the plan. After considering public comment and comment from the Secretary, prepare and submit to the Secretary revisions of the management plan when appropriate for the purposes of making regularly scheduled management plan revisions under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974. Consult with and provide comments to the Secretary regarding the environmental impact of major Federal actions significantly affecting the quality of the human environment which are proposed by the Secretary. Analyze the economic and environmental costs and benefits of implementing sustainable practices for the wilderness. Conduct public hearings, at appropriate times and in appropriate locations, so as to allow all interested persons an opportunity to be heard in the development of the amendments to and revisions of the management plan, in the development of major Federal actions referred to in paragraph (3), and with respect to the administration and implementation of the provisions of this Act. Establish an ongoing process of review and evaluation of local, State, and Federal actions, plans, ordinances, regulations, laws, and land use decisions for the purpose of assessing their effect on the long-term sustainability of the economic and environmental values and resources of the region. Submit to the Secretary such periodic reports as the Council deems appropriate, and any other relevant report which may be requested by the Secretary. And conduct other activities which are required by, or provided for in, this Act or which are necessary and appropriate to the functions specified in paragraphs (1) through (7). Authorization of Appropriations. There are authorized to be appropriated such sums as may be necessary to carry out this section.". <SECTION-HEADER> MANAGEMENT PLAN. Public Law 95-495 , as amended by section 4 of this Act, is further amended by adding at the end the following new section: "Section 23. MANAGEMENT PLAN. In General. The provisions of this section shall apply when the Secretary is amending and revising management plans for the wilderness or considering decisions that require public involvement and notification under the National Environmental Policy Act of 1969. Management Plan. Received from council. The Secretary shall receive the draft amendments to the revisions of the management plan prepared and submitted by the Boundary Waters Canoe Area Wilderness Intergovernmental Council under section 22(c), together with public comments on the draft amendments or revisions, and shall review and, if necessary, submit to the Council such recommendations as the Secretary determines appropriate for revising the draft amendments or revisions. Revisions. The Secretary shall accept a revised drafts prepared and submitted by the Council by reason of paragraph (1). Final plan. In general. If the Secretary determines that the amendments to or revisions of the management plan are not inconsistent with other provisions of this Act or applicable laws, treaties, executive orders, and that the amended or revised management plan is in the public interest, the Secretary shall adopt the amended or revised management plan. Management plan board. If the Secretary decides not to adopt the revised amendments to the management plan, the amendments to the management plan shall be made by the Secretary in accordance with clause pursuant to recommendations made by a management plan board appointed under clause . The management plan board shall consist of three members, appointed as follows: One member appointed by the Secretary, One member appointed by the Secretary from a list of 5 or more individuals submitted by the Boundary Waters Canoe Area Wilderness Intergovernmental Council, by majority vote. The Secretary may request additional lists. One member appointed by the Secretary from a list of 5 or more individuals submitted by the two members appointed under subclauses (I) and (II). The Secretary may request additional lists. Members of a management plan board who are not employed by the Federal Government shall serve without pay. While away from their homes or regular places of business in the performance of services of the board, members of the board shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Federal Government service are allowed expenses under section 5703 of title 5, United States Code. The Federal Advisory Committee Act shall not apply to a management plan board. The management plan board shall review the revised amendments to the management plan submitted by the Council to the Secretary under section 22(c), and such comments on the revised amendments and recommendations for such amendments as the Secretary submits to the board. Following such review, the board shall submit to the Secretary such amendments as the board finds to be appropriate under the provisions of this Act. The Secretary shall revise the management plan in a manner based on the amendments submitted by the board. Not accepted. If the Secretary determines not to adopt the amendments to or revisions of the management plan under subparagraph (A), the Secretary shall notify the Council in writing within 95 days of the determination and shall make recommendations for further action by the Council. No amendment to the management plan shall be implemented by the Secretary until the Secretary complies with paragraphs (1), (2), and (3). Failure of council to act. If the Council declines to submit to the Secretary a revised management plan, or amendments to a revised plan, the Secretary may make such revisions as the Secretary considers necessary or appropriate and implement the plan. Major Federal Actions. The Secretary shall seek the comment of the Council when considering major Federal actions that require public involvement and notification under the National Environmental Policy Act of 1969. Status Quo. The management plan of the wilderness may not be changed except in accordance with this section.".
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Modifies certain restrictions on the use of motorboats on, and motorized portages between, specified lakes within the Boundary Waters Canoe Area Wilderness in Minnesota. Permits the operation of motorized vehicles and associated equipment which is necessary to assist in the transport of boats across the portages from Moose Lake Chain to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake. Establishes the Boundary Waters Canoe Area Wilderness Intergovernmental Council to: (1) prepare and submit to the Secretary of Agriculture draft amendments and regularly scheduled revisions to the Wilderness management plan. (2) provide comments on the environmental impact of major Federal actions. And (3) analyze the economic and environmental costs and benefits of implementing sustainable practices for the Wilderness. Authorizes appropriations. Directs the Secretary: (1) to receive the Council's draft amendments, recommend revisions, and adopt the revised amendments that are consistent with the public interest and applicable laws. (2) if the Secretary decides not to adopt the Council's revised amendments, to appoint, and revise the management plan based on amendments submitted by, a management plan board. Or (3) if the Council declines to submit revised amendments, to make necessary and appropriate amendments and implement the plan. Directs the Secretary to seek the Council's comments when considering major Federal actions that require public involvement and notification under the National Environmental Policy Act of 1969.
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To provide for improved access to and use of the Boundary Waters Canoe Area Wilderness, and for other purposes.
|
110_hr893
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``John R. Justice Prosecutors and
Defenders Incentive Act of 2007''.
SEC. 2. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS
``SEC. 3111. GRANT AUTHORIZATION.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as prosecutors
and public defenders.
``(b) Definitions.--In this section:
``(1) Prosecutor.--The term `prosecutor' means a full-time
employee of a State or local agency who--
``(A) is continually licensed to practice law; and
``(B) prosecutes criminal cases at the State or
local level.
``(2) Public defender.--The term `public defender' means an
attorney who--
``(A) is continually licensed to practice law; and
``(B) is--
``(i) a full-time employee of a State or
local agency or a nonprofit organization
operating under a contract with a State or unit
of local government, that provides legal
representation to indigent persons in criminal
cases; or
``(ii) employed as a full-time Federal
defender attorney in a defender organization
established pursuant to subsection (g) of
section 3006A of title 18, United States Code,
that provides legal representation to indigent
persons in criminal cases.
``(3) Student loan.--The term `student loan' means--
``(A) a loan made, insured, or guaranteed under
part B of title IV of the Higher Education Act of 1965
(20 U.S.C. 1071 et seq.), excluding a loan under
section 428C of such Act, except as provided under
subparagraph (C);
``(B) a loan made under part D or E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq. and 1087aa et seq.), excluding a loan under
section 455(g) of such Act, except as provided under
subparagraph (C); and
``(C) a loan made under section 428C or 455(g) of
the Higher Education Act of 1965 (20 U.S.C. 1078-3 and
1087e(g)) to the extent that such loan was used to
repay a Federal Direct Stafford Loan, a Federal Direct
Unsubsidized Stafford Loan, or a loan made under
section 428 or 428H of such Act.
``(c) Program Authorized.--The Attorney General shall establish a
program by which the Department of Justice shall assume the obligation
to repay a student loan, by direct payments on behalf of a borrower to
the holder of such loan, in accordance with subsection (d), for any
borrower who--
``(1) is employed as a prosecutor or public defender; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Terms of Agreement.--
``(1) In general.--To be eligible to receive repayment
benefits under subsection (c), a borrower shall enter into a
written agreement that specifies that--
``(A) the borrower will remain employed as a
prosecutor or public defender for a required period of
service of not less than 3 years, unless involuntarily
separated from that employment;
``(B) if the borrower is involuntarily separated
from employment on account of misconduct, or
voluntarily separates from employment, before the end
of the period specified in the agreement, the borrower
will repay the Attorney General the amount of any
benefits received by such employee under this section;
``(C) if the borrower is required to repay an
amount to the Attorney General under subparagraph (B)
and fails to repay such amount, a sum equal to that
amount shall be recoverable by the Federal Government
from the borrower (or such borrower's estate, if
applicable) by such methods as are provided by law for
the recovery of amounts owed to the Federal Government;
``(D) the Attorney General may waive, in whole or
in part, a right of recovery under this subsection if
it is shown that recovery would be against equity and
good conscience or against the public interest; and
``(E) the Attorney General shall make student loan
payments under this section for the period of the
agreement, subject to the availability of
appropriations.
``(2) Repayments.--
``(A) In general.--Any amount repaid by, or
recovered from, a borrower or the estate of a borrower
under this subsection shall be credited to the
appropriation account from which the amount involved
was originally paid.
``(B) Merger.--Any amount credited under
subparagraph (A) shall be merged with other sums in
such account and shall be available for the same
purposes and period, and subject to the same
limitations, if any, as the sums with which the amount
was merged.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan
repayments made by the Attorney General under this
section shall be made subject to such terms,
limitations, or conditions as may be mutually agreed
upon by the borrower and the Attorney General in an
agreement under paragraph (1), except that the amount
paid by the Attorney General under this section shall
not exceed--
``(i) $10,000 for any borrower in any
calendar year; or
``(ii) an aggregate total of $60,000 in the
case of any borrower.
``(B) Beginning of payments.--Nothing in this
section shall authorize the Attorney General to pay any
amount to reimburse a borrower for any repayments made
by such borrower prior to the date on which the
Attorney General entered into an agreement with the
borrower under this subsection.
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Attorney General may, subject to paragraph (2), enter
into an additional agreement in accordance with subsection (d).
``(2) Term.--An agreement entered into under paragraph (1)
may require the borrower to remain employed as a prosecutor or
public defender for less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--Subject to paragraph (2), the Attorney
General shall provide repayment benefits under this section on
a first-come, first-served basis, and subject to the
availability of appropriations.
``(2) Priority.--The Attorney General shall give priority
in providing repayment benefits under this section in any
fiscal year to a borrower who--
``(A) received repayment benefits under this
section during the preceding fiscal year; and
``(B) has completed less than 3 years of the first
required period of service specified for the borrower
in an agreement entered into under subsection (d).
``(g) Regulations.--The Attorney General is authorized to issue
such regulations as may be necessary to carry out the provisions of
this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for fiscal year 2008
and such sums as may be necessary for each succeeding fiscal year.''.
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John R. Justice Prosecutors and Defenders Incentive Act of 2007- Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to assume the obligation to repay student loans for borrowers who agree to remain employed, for at least three years, as: (1) state or local criminal prosecutors. Or (2) state, local, or federal public defenders in criminal cases. Allows a borrower and the Attorney General to enter into an additional loan repayment agreement, after the required three-year period, for a successive period of service which may be less than three years. Limits the amount paid under such program on behalf of any borrower to $10,000 per calendar year and $60,000 total.
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To provide for loan repayment for prosecutors and public defenders.
| 8,882
| 710
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "John R. Justice Prosecutors and Defenders Incentive Act of 2007". <SECTION-HEADER> LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end the following: "PART JJ LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS "Section 3111. GRANT AUTHORIZATION. Purpose. The purpose of this section is to encourage qualified individuals to enter and continue employment as prosecutors and public defenders. Definitions. In this section: Prosecutor. The term `prosecutor' means a full-time employee of a State or local agency who is continually licensed to practice law. And prosecutes criminal cases at the State or local level. Public defender. The term `public defender' means an attorney who is continually licensed to practice law. And is a full-time employee of a State or local agency or a nonprofit organization operating under a contract with a State or unit of local government, that provides legal representation to indigent persons in criminal cases. Or employed as a full-time Federal defender attorney in a defender organization established pursuant to subsection (g) of section 3006A of title 18, United States Code, that provides legal representation to indigent persons in criminal cases. Student loan. The term `student loan' means a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 , excluding a loan under section 428C of such Act, except as provided under subparagraph (C). A loan made under part D or E of title IV of the Higher Education Act of 1965 , excluding a loan under section 455(g) of such Act, except as provided under subparagraph (C). And a loan made under section 428C or 455(g) of the Higher Education Act of 1965 (20 USC. 1078-3 and 1087e(g)) to the extent that such loan was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H of such Act. Program Authorized. The Attorney General shall establish a program by which the Department of Justice shall assume the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who is employed as a prosecutor or public defender. And is not in default on a loan for which the borrower seeks forgiveness. Terms of Agreement. In general. To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement that specifies that the borrower will remain employed as a prosecutor or public defender for a required period of service of not less than 3 years, unless involuntarily separated from that employment. If the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Attorney General the amount of any benefits received by such employee under this section. If the borrower is required to repay an amount to the Attorney General under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the borrower by such methods as are provided by law for the recovery of amounts owed to the Federal Government. The Attorney General may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest. And the Attorney General shall make student loan payments under this section for the period of the agreement, subject to the availability of appropriations. Repayments. In general. Any amount repaid by, or recovered from, a borrower or the estate of a borrower under this subsection shall be credited to the appropriation account from which the amount involved was originally paid. Merger. Any amount credited under subparagraph (A) shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations, if any, as the sums with which the amount was merged. Limitations. Student loan payment amount. Student loan repayments made by the Attorney General under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Attorney General in an agreement under paragraph (1), except that the amount paid by the Attorney General under this section shall not exceed $10,000 for any borrower in any calendar year. Or an aggregate total of $60,000 in the case of any borrower. Beginning of payments. Nothing in this section shall authorize the Attorney General to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Attorney General entered into an agreement with the borrower under this subsection. Additional Agreements. In general. On completion of the required period of service under an agreement under subsection (d), the borrower and the Attorney General may, subject to paragraph (2), enter into an additional agreement in accordance with subsection (d). Term. An agreement entered into under paragraph (1) may require the borrower to remain employed as a prosecutor or public defender for less than 3 years. Award Basis. Priority. Award basis. Subject to paragraph (2), the Attorney General shall provide repayment benefits under this section on a first-come, first-served basis, and subject to the availability of appropriations. Priority. The Attorney General shall give priority in providing repayment benefits under this section in any fiscal year to a borrower who received repayment benefits under this section during the preceding fiscal year. And has completed less than 3 years of the first required period of service specified for the borrower in an agreement entered into under subsection (d). Regulations. The Attorney General is authorized to issue such regulations as may be necessary to carry out the provisions of this section. Authorization of Appropriations. There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2008 and such sums as may be necessary for each succeeding fiscal year.".
|
John R. Justice Prosecutors and Defenders Incentive Act of 2007- Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to assume the obligation to repay student loans for borrowers who agree to remain employed, for at least three years, as: (1) state or local criminal prosecutors. Or (2) state, local, or federal public defenders in criminal cases. Allows a borrower and the Attorney General to enter into an additional loan repayment agreement, after the required three-year period, for a successive period of service which may be less than three years. Limits the amount paid under such program on behalf of any borrower to $10,000 per calendar year and $60,000 total.
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To provide for loan repayment for prosecutors and public defenders.
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108_s1862
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Trade Cooperation Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Close defense cooperation between the United States and
each of the United Kingdom and Australia requires
interoperability among the armed forces.
(2) The need for interoperability must be balanced with the
need for the appropriate and effective regulation of trade in
defense articles and defense services.
(3) The Arms Export Control Act (22 U.S.C. 2751 et seq.)
represents a delegation to the executive branch of the
constitutional power of Congress to regulate commerce with
foreign nations.
(4) Agreements to gain exemption from the International
Traffic in Arms Regulations must be submitted to Congress for
review.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``appropriate congressional committees'' means
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate;
(2) the term ``defense articles'' has the meaning given the
term in section 47 of the Arms Export Control Act (22 U.S.C.
2794);
(3) the term ``defense services'' has the meaning given the
term in section 47 of the Arms Export Control Act (22 U.S.C.
2794); and
(4) the term ``International Traffic in Arms Regulations''
means the regulations maintained under sections 120 through 130
of title 22, Code of Federal Regulations, or any successor
regulations.
SEC. 4. EXCEPTIONS TO BILATERAL AGREEMENT REQUIREMENTS FOR AUSTRALIA
AND THE UNITED KINGDOM.
(a) Exceptions.--Subsection (j) of section 38 of the Arms Export
Control Act (22 U.S.C. 2778) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Exceptions from bilateral agreement requirements.--
``(A) Australia.--Subject to the provisions of the
Defense Trade Cooperation Act of 2003, the requirements
for a bilateral agreement described in paragraph (2)(A)
shall not apply to such a bilateral agreement between
the United States Government and the Government of
Australia with respect to transfers or changes in end
use within Australia of defense items that will remain
subject to the licensing requirements of this Act after
such agreement enters into force.
``(B) United kingdom.--Subject to the provisions of
the Defense Trade Cooperation Act of 2003, the
requirements for a bilateral agreement described in
paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall
not apply to such a bilateral agreement between the
United States Government and the Government of the
United Kingdom for an exemption from the licensing
requirements of this Act.''.
(b) Conforming Amendment.--Paragraph (2) of such subsection is
amended in the matter preceding subparagraph (A) by striking ``A
bilateral agreement'' and inserting ``Except as provided in paragraph
(4), a bilateral agreement''.
SEC. 5. CERTIFICATIONS FOR THE UNITED KINGDOM AND AUSTRALIA.
Not later than 30 days before authorizing an exemption from the
licensing requirements of the International Traffic in Arms Regulations
in accordance with any bilateral agreement entered into with the United
Kingdom or Australia under section 38(j) of the Arms Export Control Act
(22 U.S.C. 2778(j)), as amended by section 4 of this Act, the President
shall certify to the appropriate congressional committees that such
agreement--
(1) is in the national interest of the United States and
will not in any way affect the goals and policy of the United
States as outlined in section 1 of the Arms Export Control Act
(22 U.S.C. 2751);
(2) does not adversely affect the ability of the
International Traffic in Arms Regulations to provide consistent
and adequate controls for licensed exports of United States
defense items; and
(3) will not adversely affect the duties or requirements of
the Secretary of State under the Arms Export Control Act.
SEC. 6. NOTIFICATION OF REGULATIONS PERMITTING BILATERAL LICENSING
EXEMPTIONS.
Not later than 30 days before authorizing an exemption from the
licensing requirements of the International Traffic in Arms Regulations
in accordance with any bilateral agreement entered into with the United
Kingdom or Australia under section 38(j) of the Arms Export Control Act
(22 U.S.C. 2778(j)), as amended by section 4 of this Act, the President
shall submit to the appropriate congressional committees the text of
the regulations that authorize such a licensing exemption.
SEC. 7. REPORT ON ISSUES RAISED IN CONSULTATIONS PURSUANT TO BILATERAL
AGREEMENTS WITH AUSTRALIA AND THE UNITED KINGDOM.
Not later than one year after the date of the enactment of this Act
and annually thereafter for each of the following 5 years, the
President shall submit to the appropriate congressional committees a
report on issues raised during the previous year in consultations
conducted under the terms of any bilateral agreement with Australia, or
under the terms of any bilateral agreement with the United Kingdom, for
exemption from the licensing requirements of the Arms Export Control
Act (22 U.S.C. 2751 et seq.). Each report shall contain detailed
information--
(1) on any notifications or consultations between the
United States and the United Kingdom under the terms of any
agreement with the United Kingdom, or between the United States
and Australia under the terms of any agreement with Australia,
concerning the modification, deletion, or addition of defense
items on the United States Munitions List, the United Kingdom
Military List, or the Australian Defense and Strategic Goods
List;
(2) listing all United Kingdom or Australia persons and
entities that have been designated as qualified persons
eligible to receive United States origin defense items exempt
from the licensing requirements of the Arms Export Control Act
under the terms of such agreements, and listing any
modification, deletion, or addition to such lists, pursuant to
the requirements of any agreement with the United Kingdom or
any agreement with Australia;
(3) on consultations or steps taken pursuant to any
agreement with the United Kingdom or any agreement with
Australia concerning cooperation and consultation with either
government on the effectiveness of the defense trade control
systems of such government;
(4) on provisions and procedures undertaken pursuant to--
(A) any agreement with the United Kingdom with
respect to the handling of United States origin defense
items exempt from the licensing requirements of the
Arms Export Control Act by persons and entities
qualified to receive such items in the United Kingdom;
and
(B) any agreement with Australia with respect to
the handling of United States origin defense items
exempt from the licensing requirements of the Arms
Export Control Act by persons and entities qualified to
receive such items in Australia;
(5) on any new understandings, including the text of such
understandings, between the United States and the United
Kingdom concerning retransfer of United States origin defense
items made pursuant to any agreement with the United Kingdom to
gain exemption from the licensing requirements of the Arms
Export Control Act;
(6) on consultations with the Government of the United
Kingdom or the Government of Australia concerning the legal
enforcement of any such agreements;
(7) on United States origin defense items with respect to
which the United States has provided an exception under the
Memorandum of Understanding between the United States and the
United Kingdom and any agreement between the United States and
Australia from the requirement for United States Government re-
export consent that was not provided for under United States
laws and regulations in effect on the date of the enactment of
this Act; and
(8) on any significant concerns that have arisen between
the Government of Australia or the Government of the United
Kingdom and the United States Government concerning any aspect
of any bilateral agreement between such country and the United
States to gain exemption from the licensing requirements of the
Arms Export Control Act.
SEC. 8. SPECIAL REPORTS ON UNAUTHORIZED END-USE OR DIVERSION.
The Secretary of State shall notify the appropriate congressional
committees, in a manner consistent with ongoing efforts to investigate
and bring civil or criminal charges regarding such matters, not later
than 90 days after receiving any credible information regarding the
unauthorized end-use or diversion of United States exports made
pursuant to any agreement with a country to gain exemption from the
licensing requirements of the Arms Export Control Act. Such
notification may be made in classified or unclassified form and shall
include--
(1) a description of the good or service;
(2) the United States origin of the good or service;
(3) the authorized recipient of the good or service;
(4) a detailed description of the unauthorized end-use or
diversion of the good or service, including any knowledge by
the United States exporter of such unauthorized end-use or
diversion;
(5) any enforcement action taken by the Government of the
United States; and
(6) any enforcement action taken by the government of the
recipient nation.
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Defense Trade Cooperation Act of 2003 - Amends the Arms Export Control Act to make the requirement of a bilateral agreement prior to the transfer of defense articles or services from the United States to a foreign country inapplicable to a bilateral agreement between the United States and the Government of: (1) Australia, with respect to transfers or changes in end use within Australia of defense items that will remain subject to the licensing requirements of the Act after such agreement enters into force. Or (2) the United Kingdom, for an exemption from such licensing requirements. Requires the President, at least 30 days before authorizing such an exemption, to certify to the congressional foreign and international relations committees that such an agreement: (1) is in the national interest of the United States. (2) does not adversely affect the ability of the International Traffic in Arms Regulations to provide controls for licensed exports of US defense items. And (3) will not adversely affect the duties or requirements of the Secretary of State under the Act. Directs the President to submit to such committees a text of the regulations that authorize such a licensing exemption. Requires a report from the President to such committees on licensing requirement exemption issues raised during consultations with respect to the terms of any bilateral agreements with such countries. Directs the Secretary of State to notify such committees within 90 days after receiving credible information regarding the unauthorized end-use or diversion of US exports made pursuant to any agreement with a country to gain exemption from such licensing requirements.
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A bill to provide certain exceptions from requirements for bilateral agreements with Australia and the United Kingdom for exemptions from the International Traffic in Arms Regulations.
| 11,421
| 1,670
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Defense Trade Cooperation Act of 2003". <SECTION-HEADER> FINDINGS. Congress makes the following findings: Close defense cooperation between the United States and each of the United Kingdom and Australia requires interoperability among the armed forces. The need for interoperability must be balanced with the need for the appropriate and effective regulation of trade in defense articles and defense services. The Arms Export Control Act represents a delegation to the executive branch of the constitutional power of Congress to regulate commerce with foreign nations. Agreements to gain exemption from the International Traffic in Arms Regulations must be submitted to Congress for review. <SECTION-HEADER> DEFINITIONS. In this Act the term "appropriate congressional committees" means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. The term "defense articles" has the meaning given the term in section 47 of the Arms Export Control Act. The term "defense services" has the meaning given the term in section 47 of the Arms Export Control Act. And the term "International Traffic in Arms Regulations" means the regulations maintained under sections 120 through 130 of title 22, Code of Federal Regulations, or any successor regulations. <SECTION-HEADER> EXCEPTIONS TO BILATERAL AGREEMENT REQUIREMENTS FOR AUSTRALIA AND THE UNITED KINGDOM. Exceptions. Subsection (j) of section 38 of the Arms Export Control Act is amended by redesignating paragraph (4) as paragraph (5). And by inserting after paragraph (3) the following new paragraph (4): Exceptions from bilateral agreement requirements. Australia. Subject to the provisions of the Defense Trade Cooperation Act of 2003, the requirements for a bilateral agreement described in paragraph (2)(A) shall not apply to such a bilateral agreement between the United States Government and the Government of Australia with respect to transfers or changes in end use within Australia of defense items that will remain subject to the licensing requirements of this Act after such agreement enters into force. United kingdom. Subject to the provisions of the Defense Trade Cooperation Act of 2003, the requirements for a bilateral agreement described in paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall not apply to such a bilateral agreement between the United States Government and the Government of the United Kingdom for an exemption from the licensing requirements of this Act.". Conforming Amendment. Paragraph (2) of such subsection is amended in the matter preceding subparagraph (A) by striking "A bilateral agreement" and inserting "Except as provided in paragraph , a bilateral agreement". <SECTION-HEADER> CERTIFICATIONS FOR THE UNITED KINGDOM AND AUSTRALIA. Not later than 30 days before authorizing an exemption from the licensing requirements of the International Traffic in Arms Regulations in accordance with any bilateral agreement entered into with the United Kingdom or Australia under section 38(j) of the Arms Export Control Act (22 USC. 2778(j)), as amended by section 4 of this Act, the President shall certify to the appropriate congressional committees that such agreement is in the national interest of the United States and will not in any way affect the goals and policy of the United States as outlined in section 1 of the Arms Export Control Act. Does not adversely affect the ability of the International Traffic in Arms Regulations to provide consistent and adequate controls for licensed exports of United States defense items. And will not adversely affect the duties or requirements of the Secretary of State under the Arms Export Control Act. <SECTION-HEADER> NOTIFICATION OF REGULATIONS PERMITTING BILATERAL LICENSING EXEMPTIONS. Not later than 30 days before authorizing an exemption from the licensing requirements of the International Traffic in Arms Regulations in accordance with any bilateral agreement entered into with the United Kingdom or Australia under section 38(j) of the Arms Export Control Act (22 USC. 2778(j)), as amended by section 4 of this Act, the President shall submit to the appropriate congressional committees the text of the regulations that authorize such a licensing exemption. <SECTION-HEADER> REPORT ON ISSUES RAISED IN CONSULTATIONS PURSUANT TO BILATERAL AGREEMENTS WITH AUSTRALIA AND THE UNITED KINGDOM. Not later than one year after the date of the enactment of this Act and annually thereafter for each of the following 5 years, the President shall submit to the appropriate congressional committees a report on issues raised during the previous year in consultations conducted under the terms of any bilateral agreement with Australia, or under the terms of any bilateral agreement with the United Kingdom, for exemption from the licensing requirements of the Arms Export Control Act . Each report shall contain detailed information on any notifications or consultations between the United States and the United Kingdom under the terms of any agreement with the United Kingdom, or between the United States and Australia under the terms of any agreement with Australia, concerning the modification, deletion, or addition of defense items on the United States Munitions List, the United Kingdom Military List, or the Australian Defense and Strategic Goods List. Listing all United Kingdom or Australia persons and entities that have been designated as qualified persons eligible to receive United States origin defense items exempt from the licensing requirements of the Arms Export Control Act under the terms of such agreements, and listing any modification, deletion, or addition to such lists, pursuant to the requirements of any agreement with the United Kingdom or any agreement with Australia. On consultations or steps taken pursuant to any agreement with the United Kingdom or any agreement with Australia concerning cooperation and consultation with either government on the effectiveness of the defense trade control systems of such government. On provisions and procedures undertaken pursuant to any agreement with the United Kingdom with respect to the handling of United States origin defense items exempt from the licensing requirements of the Arms Export Control Act by persons and entities qualified to receive such items in the United Kingdom. And any agreement with Australia with respect to the handling of United States origin defense items exempt from the licensing requirements of the Arms Export Control Act by persons and entities qualified to receive such items in Australia. On any new understandings, including the text of such understandings, between the United States and the United Kingdom concerning retransfer of United States origin defense items made pursuant to any agreement with the United Kingdom to gain exemption from the licensing requirements of the Arms Export Control Act. On consultations with the Government of the United Kingdom or the Government of Australia concerning the legal enforcement of any such agreements. On United States origin defense items with respect to which the United States has provided an exception under the Memorandum of Understanding between the United States and the United Kingdom and any agreement between the United States and Australia from the requirement for United States Government re- export consent that was not provided for under United States laws and regulations in effect on the date of the enactment of this Act. And on any significant concerns that have arisen between the Government of Australia or the Government of the United Kingdom and the United States Government concerning any aspect of any bilateral agreement between such country and the United States to gain exemption from the licensing requirements of the Arms Export Control Act. <SECTION-HEADER> SPECIAL REPORTS ON UNAUTHORIZED END-USE OR DIVERSION. The Secretary of State shall notify the appropriate congressional committees, in a manner consistent with ongoing efforts to investigate and bring civil or criminal charges regarding such matters, not later than 90 days after receiving any credible information regarding the unauthorized end-use or diversion of United States exports made pursuant to any agreement with a country to gain exemption from the licensing requirements of the Arms Export Control Act. Such notification may be made in classified or unclassified form and shall include a description of the good or service, the United States origin of the good or service, the authorized recipient of the good or service. A detailed description of the unauthorized end-use or diversion of the good or service, including any knowledge by the United States exporter of such unauthorized end-use or diversion. Any enforcement action taken by the Government of the United States. And any enforcement action taken by the government of the recipient nation.
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Defense Trade Cooperation Act of 2003 - Amends the Arms Export Control Act to make the requirement of a bilateral agreement prior to the transfer of defense articles or services from the United States to a foreign country inapplicable to a bilateral agreement between the United States and the Government of: (1) Australia, with respect to transfers or changes in end use within Australia of defense items that will remain subject to the licensing requirements of the Act after such agreement enters into force. Or (2) the United Kingdom, for an exemption from such licensing requirements. Requires the President, at least 30 days before authorizing such an exemption, to certify to the congressional foreign and international relations committees that such an agreement: (1) is in the national interest of the United States. (2) does not adversely affect the ability of the International Traffic in Arms Regulations to provide controls for licensed exports of US defense items. And (3) will not adversely affect the duties or requirements of the Secretary of State under the Act. Directs the President to submit to such committees a text of the regulations that authorize such a licensing exemption. Requires a report from the President to such committees on licensing requirement exemption issues raised during consultations with respect to the terms of any bilateral agreements with such countries. Directs the Secretary of State to notify such committees within 90 days after receiving credible information regarding the unauthorized end-use or diversion of US exports made pursuant to any agreement with a country to gain exemption from such licensing requirements.
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A bill to provide certain exceptions from requirements for bilateral agreements with Australia and the United Kingdom for exemptions from the International Traffic in Arms Regulations.
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108_hr1466
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mobilized Reserve Family Health Care
Act of 2003''.
SEC. 2. REDUCED HEALTH INSURANCE COSTS FOR FAMILY COVERAGE OF MILITARY
RESERVISTS CALLED TO ACTIVE DUTY.
(a) Refundable Credit for Costs Up to TRICARE Costs.--
(1) In general.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
refundable credits) is amended by inserting after section 35
the following new section:
``SEC. 35A. CERTAIN FAMILY COVERAGE HEALTH INSURANCE COSTS OF MILITARY
RESERVISTS CALLED TO ACTIVE DUTY.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by this subtitle
an amount equal to the amount paid during the taxable year by the
taxpayer for insurance which constitutes medical care for the taxpayer
and the taxpayer's spouse and dependents.
``(b) Limitations.--
``(1) Credit limited to tricare costs.--The credit allowed
by subsection (a) for any period shall not exceed an amount
equal to the premium-equivalent of the family coverage cost of
coverage under TRICARE for such period.
``(2) Limitation to coverage during active duty period.--
The credit allowed by subsection (a) shall apply only to
amounts paid for coverage during the period referred to in
subsection (c)(2).
``(3) Self-only coverage for reservist not included.--The
credit allowed by subsection (a) shall not apply to self-only
coverage for the eligible individual.
``(c) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual--
``(1) who, as a member of the National Guard or a reserve
component of an Armed Force of the United States, has been
called or ordered to active duty for a period in excess of 30
days or for an indefinite period, and
``(2) who elects that such individual and all other
individuals who would (but for the election) be covered by
TRICARE will not be so covered during the period beginning on
the date of such call or order and ending on the last day of
such active duty.
``(d) Denial of Double Benefit.--Amounts allowed as a credit under
this section shall not be taken into account in determining the amount
of any deduction or other credit under this chapter.''
(2) Conforming amendments.--
(A) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting before the
period ``, or from section 35A of such Code''.
(B) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after the item
relating to section 35 the following new item:
``Sec. 35A. Certain family coverage
health insurance costs of
military reservists called to
active duty.''.
(b) Deduction for Costs in Excess of TRICARE Costs.--
(1) In general.--Part VII of subchapter B of chapter 1 of
such Code (relating to additional itemized deductions for
individuals) is amended by redesignating section 223 as section
224 and by inserting after section 222 the following new
section:
``SEC. 223. CERTAIN FAMILY COVERAGE HEALTH INSURANCE COSTS OF MILITARY
RESERVISTS CALLED TO ACTIVE DUTY.
``(a) Allowance of Deduction.--In the case of an eligible
individual (as defined in section 35A(c)), there shall be allowed as a
deduction an amount equal to the amount paid during the taxable year by
the taxpayer for insurance which constitutes medical care for the
taxpayer and the taxpayer's spouse and dependents.
``(b) Limitation to Coverage During Active Duty Period.--The
deduction under this section shall apply only to amounts paid for
coverage during the period referred to in section 35A(c)(2).
``(c) Special Rules.--
``(1) Self-only coverage for reservist not included.--The
deduction under this section shall not apply to self-only
coverage for the eligible individual.
``(2) Other rules to apply.--Rules similar to the rules of
paragraphs (3), (4), and (5) of section 162(l) shall apply for
purposes of this section.''
(2) Deduction allowed whether or not individual itemizes
other deductions.--Subsection (a) of section 62 of such Code is
amended by inserting after paragraph (18) the following new
paragraph:
``(19) Certain family coverage health insurance costs of
military reservists called to active duty.--The deduction
allowed by section 223.''
(3) Clerical amendment.--The table of sections for part VII
of subchapter B of chapter 1 of such Code is amended by
striking the last item and inserting the following new items:
``Sec. 223. Certain family coverage
health insurance costs of
military reservists called to
active duty.
``Sec. 224. Cross reference.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
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Mobilized Reserve Family Health Care Act of 2003 - Amends the Internal Revenue Code to allow a tax credit to cover the cost of insurance coverage under TRICARE for a member of the National Guard or a reserve component of a US Armed Force who has been called or ordered to active duty for a period in excess of 30 days, or for an indefinite period, during such period of duty. Permits a deduction , applicable to such period of duty, for insurance costs in addition to the TRICARE costs.
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To amend the Internal Revenue Code of 1986 to reduce the health insurance costs for family coverage of military reservists called to active duty.
| 5,781
| 486
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Mobilized Reserve Family Health Care Act of 2003". <SECTION-HEADER> REDUCED HEALTH INSURANCE COSTS FOR FAMILY COVERAGE OF MILITARY RESERVISTS CALLED TO ACTIVE DUTY. Refundable Credit for Costs Up to TRICARE Costs. In general. Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 35 the following new section: "Section 35A. CERTAIN FAMILY COVERAGE HEALTH INSURANCE COSTS OF MILITARY RESERVISTS CALLED TO ACTIVE DUTY. In General. In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the amount paid during the taxable year by the taxpayer for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents. Limitations. Credit limited to tricare costs. The credit allowed by subsection (a) for any period shall not exceed an amount equal to the premium-equivalent of the family coverage cost of coverage under TRICARE for such period. Limitation to coverage during active duty period. The credit allowed by subsection (a) shall apply only to amounts paid for coverage during the period referred to in subsection (c)(2). Self-only coverage for reservist not included. The credit allowed by subsection (a) shall not apply to self-only coverage for the eligible individual. Eligible Individual. For purposes of this section, the term `eligible individual' means any individual who, as a member of the National Guard or a reserve component of an Armed Force of the United States, has been called or ordered to active duty for a period in excess of 30 days or for an indefinite period, and who elects that such individual and all other individuals who would be covered by TRICARE will not be so covered during the period beginning on the date of such call or order and ending on the last day of such active duty. Denial of Double Benefit. Amounts allowed as a credit under this section shall not be taken into account in determining the amount of any deduction or other credit under this chapter." Conforming amendments. Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ", or from section 35A of such Code". The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 35 the following new item: "Section 35A. Certain family coverage health insurance costs of military reservists called to active duty.". Deduction for Costs in Excess of TRICARE Costs. In general. Part VII of subchapter B of chapter 1 of such Code is amended by redesignating section 223 as section 224 and by inserting after section 222 the following new section: "Section 223. CERTAIN FAMILY COVERAGE HEALTH INSURANCE COSTS OF MILITARY RESERVISTS CALLED TO ACTIVE DUTY. Allowance of Deduction. In the case of an eligible individual (as defined in section 35A(c)), there shall be allowed as a deduction an amount equal to the amount paid during the taxable year by the taxpayer for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents. Limitation to Coverage During Active Duty Period. The deduction under this section shall apply only to amounts paid for coverage during the period referred to in section 35A(c)(2). Special Rules. Self-only coverage for reservist not included. The deduction under this section shall not apply to self-only coverage for the eligible individual. Other rules to apply. Rules similar to the rules of paragraphs (3), (4), and (5) of section 162(l) shall apply for purposes of this section." Deduction allowed whether or not individual itemizes other deductions. Subsection (a) of section 62 of such Code is amended by inserting after paragraph (18) the following new paragraph: Certain family coverage health insurance costs of military reservists called to active duty. The deduction allowed by section 223." Clerical amendment. The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: "Section 223. Certain family coverage health insurance costs of military reservists called to active duty. "Section 224. Cross reference." Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 2002.
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Mobilized Reserve Family Health Care Act of 2003 - Amends the Internal Revenue Code to allow a tax credit to cover the cost of insurance coverage under TRICARE for a member of the National Guard or a reserve component of a US Armed Force who has been called or ordered to active duty for a period in excess of 30 days, or for an indefinite period, during such period of duty. Permits a deduction , applicable to such period of duty, for insurance costs in addition to the TRICARE costs.
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To amend the Internal Revenue Code of 1986 to reduce the health insurance costs for family coverage of military reservists called to active duty.
|
114_hr4266
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SECTION 1. SHORT TITLE; FINDINGS; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nurse and Health
Care Worker Protection Act of 2015''.
(b) Findings.--Congress finds the following:
(1) In 2014, registered nurses ranked sixth among all
occupations for the number of cases of musculoskeletal
disorders resulting in days away from work, with 11,360 total
cases. Nursing assistants reported 20,020 cases in 2014, the
second highest of any profession. The leading cause of these
health care employees' injuries is patient lifting,
transferring, and repositioning injuries, which constitute a
significant risk to the health and welfare of those employees
under the Occupational Safety and Health Act of 1970.
(2) The physical demands of the nursing profession lead
many nurses to leave the profession. Fifty-two percent of
nurses complain of chronic back pain and 38 percent suffer from
pain severe enough to require leave from work. Many nurses and
other health care workers suffering back injury do not return
to work. These consequences constitute a material impairment of
health for these employees under the Occupational Safety and
Health Act of 1970.
(3) Patients are not at optimum levels of safety while
being lifted, transferred, or repositioned manually.
Appropriate mechanical lifts can substantially reduce skin
tears and pressure ulcers suffered by patients and the
frequency of patients being dropped, thus allowing patients a
safer means to progress through their care and avoid disabling
injuries due to unsafe practices.
(4) The development of assistive patient handling
technology, equipment, and devices has essentially rendered the
act of strict manual patient handling outdated and typically
unnecessary as a function of nursing care.
(5) A growing number of health care facilities that have
incorporated patient handling technology and practices have
reported positive results. Injuries among nursing staff and
health care workers have dramatically declined at health care
facilities implementing safe patient handling technology,
equipment, devices, and practices. As a result, the number of
lost work days due to injury and staff turnover has declined.
Studies have also shown that assistive patient handling
technology successfully reduces workers' compensation costs for
musculoskeletal disorders.
(6) A number of States have implemented safe patient
handling, mobility and injury prevention standards. The success
of these programs at the facility and State level demonstrates
the technological and economical feasibility of such standards.
(7) Establishing a safe patient handling, mobility, and
injury prevention standard for direct-care registered nurses
and other health care workers is a critical component
reasonably necessary for protecting the health and safety of
nurses and other health care workers, addressing the nursing
shortage, and increasing patient safety.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; findings; table of contents.
Sec. 2. Safe patient handling, mobility, and injury prevention
standard.
Sec. 3. Application of safe patient handling, mobility, and injury
prevention standard to facilities receiving
Medicare and Medicaid funds.
Sec. 4. Nonpreemption.
Sec. 5. Definitions.
SEC. 2. SAFE PATIENT HANDLING, MOBILITY, AND INJURY PREVENTION
STANDARD.
(a) Rulemaking.--Notwithstanding any other provision of law, not
later than 1 year after the date of enactment of this Act, the
Secretary of Labor shall, pursuant to section 6 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655), promulgate an interim
final standard on safe patient handling, mobility, and injury
prevention (in this section such standard is referred to as the ``safe
patient handling, mobility, and injury prevention standard'') to
prevent musculoskeletal disorders for direct-care registered nurses and
all other health care workers handling patients. The interim final
standard shall remain in effect until it is replaced by a final safe
patient handling, mobility, and injury prevention standard.
(b) Requirements.--The safe patient handling, mobility, and injury
prevention standard shall require the use of engineering and safety
controls to perform handling of patients and to reduce the incidence of
injuries from manual handling of patients by direct-care registered
nurses and all other health care workers, through the development of a
comprehensive program, to include the use of mechanical technology and
devices to the greatest degree feasible. Where the use of mechanical
technology and devices is not feasible, the standards shall require the
use of alternative controls and measures to minimize the risk of injury
to nurses and health care workers resulting from the manual handling of
patients. The standard shall apply to all health care employers, shall
generally align with interprofessional national safe patient handling,
mobility, and injury prevention standards, and shall include the
following:
(1) Program development.--A requirement that each health
care employer shall develop and implement a safe patient
handling, mobility, and injury prevention program within 6
months of the date of promulgation of the interim final
standard, which program shall include hazard identification,
risk assessments, and control measures in relation to patient
care duties and patient handling.
(2) Technology and equipment purchase and management.--A
requirement that, within 2 years of the date of issuance by the
Secretary of an interim final standard, each health care
employer shall purchase, use, maintain, and make accessible to
health care workers, such safe patient handling equipment,
technology, and accessories as the Secretary determines
appropriate.
(3) Health care worker participation.--A requirement that
each health care employer shall obtain input from health care
workers, to include direct care registered nurses, health care
workers, their representatives, and their collective bargaining
agents, in developing and implementing the safe patient
handling, mobility, and injury prevention program, including
training and education and the purchase of technology and
equipment and necessary accessories.
(4) Data tracking and review.--A requirement that each
health care employer shall establish a review program to
analyze data relevant to the implementation of the employers'
safe patient handling, mobility, and injury prevention program,
and shall account for circumstances where safe patient handling
technology or equipment were not utilized in accordance with
the health care employers' safe patient handling, mobility, and
injury prevention standard. Each health care employer shall
upon request, make available their findings and data used in
such review, to health care workers, their representatives,
their collective bargaining agents, and the Secretary or other
Federal agency. Each health care employer shall maintain the
data and findings from their review for at least 5 years
(5) Incorporation of technology into facilities.--A
requirement that each health care employer shall consider the
feasibility of incorporating safe patient handling technology
as part of process of new facility design and construction, or
facility remodeling.
(6) Education and training.--A requirement that each health
care employer shall train health care workers on safe patient
handling, mobility, and injury prevention policies, technology,
equipment, and devices, initially, and on a continuing annual
basis, and as necessary. Such training shall prepare health
care workers, to identify, assess, and control musculoskeletal
hazards of a general nature, and those specific to particular
patient care areas, and shall be conducted by an individual
with knowledge in the subject matter, and delivered, at least
in part, in an interactive simulated point-of-care training and
hands-on format that reflects the specific demands of a health
care workers' duties.
(7) Notice of safe patient handling and rights under this
act.--A requirement that each health care employer shall post a
uniform notice in a form specified by the Secretary that--
(A) explains the safe patient handling, mobility,
and injury prevention standard;
(B) includes information regarding safe patient
handling, mobility, and injury prevention policies and
training;
(C) explains procedures to report patient handling-
related injuries; and
(D) explains health care workers' rights under this
Act, including any whistleblower protections.
(8) Annual evaluation.--A requirement that each health care
employer shall conduct an annual written evaluation of the
implementation of the safe patient handling, mobility, and
injury prevention program, including handling procedures,
selection of technology, equipment, and engineering controls,
assessment of injuries, and new safe patient handling,
mobility, and injury prevention technology and devices that
have been developed. The evaluation shall be conducted with the
involvement of nurses, other health care workers, their
representatives, and their collective bargaining agents, and
their input shall be documented in the evaluation. Health care
employers shall take corrective action as recommended in the
written evaluation.
(9) Right to refuse unsafe assignment.--A requirement that
each health care employer shall provide procedures under which
a health care worker or employee may refuse to perform the
employee's duties if the employee has a reasonable apprehension
that performing such duties would violate the safe patient
handling, mobility, and injury prevention standard, and would
result in injury or impairment of health to the health care
worker, other health care workers, or patients. Where
practicable, the health care worker must have communicated the
health or safety concern to the health care employer and have
not been able to obtain a correction of the violation.
(c) Inspections.--The Secretary of Labor shall conduct unscheduled
inspections under section 8 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 657) to ensure implementation of and compliance with
the safe patient handling, mobility, and injury prevention standard.
SEC. 3. APPLICATION OF SAFE PATIENT HANDLING, MOBILITY, AND INJURY
PREVENTION STANDARD TO FACILITIES RECEIVING MEDICARE AND
MEDICAID FUNDS.
(a) In General.--Section 1866 of the Social Security Act (42 U.S.C.
1395cc) is amended--
(1) in subsection (a)(1)(V), by inserting ``and safe
patient handling, mobility, and injury prevention standard (as
initially promulgated under section 2 of the Nurse and Health
Care Worker Protection Act of 2015)'' before the period at the
end; and
(2) in subsection (b)(4)--
(A) in subparagraph (A), by inserting ``and the
safe patient handling, mobility, and injury prevention
standard'' after ``Bloodborne Pathogens standard''; and
(B) in subparagraph (B), by inserting ``or the safe
patient handling, mobility, and injury prevention
standard'' after ``Bloodborne Pathogens standard''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to health care facilities 1 year after date of issuance of the
final safe patient handling, mobility, and injury prevention standard
required under section 2.
SEC. 4. NONPREEMPTION.
(a) Effect on Other Laws.--Nothing in this Act shall be construed
to--
(1) preempt any law, rule, or regulation of a State or
political subdivision of a State, unless such law, rule, or
regulation is in conflict with this Act or a regulation or
order issued under this Act;
(2) impair or diminish in any way the authority of any
State to enact and enforce any law which provides equivalent or
greater protections for employees engaging in conduct protected
under this Act;
(3) curtail or limit in any way the right of people with
disabilities under the Americans with Disabilities Act (42
12101 et seq.) or section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794) to those reasonable modifications needed to
receive equal access to health care, including the requirement
that health care employees give priority consideration to the
lifting, movement, or transfer needs and preferences of people
with disabilities; or
(4) curtail or limit in any way consideration as an
expenditure to acquire or modify equipment for use by or to
benefit individuals with disabilities that is specified in
section 44 of the Internal Revenue Code of 1986, which is
available to eligible small businesses.
(b) Rights Retained by Health Care Workers.--Nothing in this Act
shall be construed to diminish the rights, privileges, or remedies of
any health care worker or employee under any Federal or State law, or
under any collective bargaining agreement.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Direct-care registered nurse.--The term ``direct-care
registered nurse'' means an individual who has been granted a
license by at least one State to practice as a registered nurse
and who provides bedside care or outpatient services for one or
more patients or residents.
(2) Employee.--The term ``employee'' means any individual
employed by a health care employer, to include health care
workers, as well as employees who do not qualify as health care
workers, including independent contractors.
(3) Employment.--The term ``employment'' includes the
provision of services under a contract or other arrangement.
(4) Handling.--The term ``handling'' includes actions such
as lifting, transferring, repositioning, mobilizing, moving, or
any other action involving the physical movement, manipulation,
or support of a patient by a health care worker, or any direct
patient care action which presents a risk of musculoskeletal
injury.
(5) Health care employer.--The term ``health care
employer'' means an outpatient health care facility, hospital,
nursing home, home health care agency, social assistance
facility or program, hospice, federally qualified health
center, nurse managed health center, rural health clinic or
rehabilitative center, or any similar health care facility that
employs direct-care registered nurses or other health care
workers.
(6) Health care worker.--The term ``health care worker''
means an individual who has been assigned by a health care
employer to engage in patient handling, including direct-care
registered nurses, independent contractors, or individuals who
perform the duties of health care workers.
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Nurse and Health Care Worker Protection Act of 2015 This bill requires the Department of Labor to establish a standard on safe patient handling, mobility, and injury prevention to prevent musculoskeletal disorders for health care workers. The standard must require the use of engineering and safety controls to handle patients. The standard must require health care employers to: (1) develop and implement a safe patient handling, mobility, and injury prevention program. (2) train their workers on safe patient handling, mobility, and injury prevention. And (3) post a notice that explains the standard, procedures to report patient handling-related injuries, and workers' rights under this Act. Labor must conduct unscheduled inspections to ensure compliance with the standard. This bill amends title XVIII (Medicare) of the Social Security Act to apply the standard to hospitals receiving Medicare funds.
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Nurse and Health Care Worker Protection Act of 2015
| 16,642
| 907
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<SECTION-HEADER> SHORT TITLE, FINDINGS. TABLE OF CONTENTS. Short Title. This Act may be cited as the "Nurse and Health Care Worker Protection Act of 2015". Findings. Congress finds the following: In 2014, registered nurses ranked sixth among all occupations for the number of cases of musculoskeletal disorders resulting in days away from work, with 11,360 total cases. Nursing assistants reported 20,020 cases in 2014, the second highest of any profession. The leading cause of these health care employees' injuries is patient lifting, transferring, and repositioning injuries, which constitute a significant risk to the health and welfare of those employees under the Occupational Safety and Health Act of 1970. The physical demands of the nursing profession lead many nurses to leave the profession. Fifty-two percent of nurses complain of chronic back pain and 38 percent suffer from pain severe enough to require leave from work. Many nurses and other health care workers suffering back injury do not return to work. These consequences constitute a material impairment of health for these employees under the Occupational Safety and Health Act of 1970. Patients are not at optimum levels of safety while being lifted, transferred, or repositioned manually. Appropriate mechanical lifts can substantially reduce skin tears and pressure ulcers suffered by patients and the frequency of patients being dropped, thus allowing patients a safer means to progress through their care and avoid disabling injuries due to unsafe practices. The development of assistive patient handling technology, equipment, and devices has essentially rendered the act of strict manual patient handling outdated and typically unnecessary as a function of nursing care. A growing number of health care facilities that have incorporated patient handling technology and practices have reported positive results. Injuries among nursing staff and health care workers have dramatically declined at health care facilities implementing safe patient handling technology, equipment, devices, and practices. As a result, the number of lost work days due to injury and staff turnover has declined. Studies have also shown that assistive patient handling technology successfully reduces workers' compensation costs for musculoskeletal disorders. A number of States have implemented safe patient handling, mobility and injury prevention standards. The success of these programs at the facility and State level demonstrates the technological and economical feasibility of such standards. Establishing a safe patient handling, mobility, and injury prevention standard for direct-care registered nurses and other health care workers is a critical component reasonably necessary for protecting the health and safety of nurses and other health care workers, addressing the nursing shortage, and increasing patient safety. Table of Contents. The table of contents of this Act is as follows: <SECTION-HEADER> Short title, findings. Table of contents. <SECTION-HEADER> Safe patient handling, mobility, and injury prevention standard. <SECTION-HEADER> Application of safe patient handling, mobility, and injury prevention standard to facilities receiving Medicare and Medicaid funds. <SECTION-HEADER> Nonpreemption. <SECTION-HEADER> Definitions. <SECTION-HEADER> SAFE PATIENT HANDLING, MOBILITY, AND INJURY PREVENTION STANDARD. Rulemaking. Notwithstanding any other provision of law, not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 , promulgate an interim final standard on safe patient handling, mobility, and injury prevention to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers handling patients. The interim final standard shall remain in effect until it is replaced by a final safe patient handling, mobility, and injury prevention standard. Requirements. The safe patient handling, mobility, and injury prevention standard shall require the use of engineering and safety controls to perform handling of patients and to reduce the incidence of injuries from manual handling of patients by direct-care registered nurses and all other health care workers, through the development of a comprehensive program, to include the use of mechanical technology and devices to the greatest degree feasible. Where the use of mechanical technology and devices is not feasible, the standards shall require the use of alternative controls and measures to minimize the risk of injury to nurses and health care workers resulting from the manual handling of patients. The standard shall apply to all health care employers, shall generally align with interprofessional national safe patient handling, mobility, and injury prevention standards, and shall include the following: Program development. A requirement that each health care employer shall develop and implement a safe patient handling, mobility, and injury prevention program within 6 months of the date of promulgation of the interim final standard, which program shall include hazard identification, risk assessments, and control measures in relation to patient care duties and patient handling. Technology and equipment purchase and management. A requirement that, within 2 years of the date of issuance by the Secretary of an interim final standard, each health care employer shall purchase, use, maintain, and make accessible to health care workers, such safe patient handling equipment, technology, and accessories as the Secretary determines appropriate. Health care worker participation. A requirement that each health care employer shall obtain input from health care workers, to include direct care registered nurses, health care workers, their representatives, and their collective bargaining agents, in developing and implementing the safe patient handling, mobility, and injury prevention program, including training and education and the purchase of technology and equipment and necessary accessories. Data tracking and review. A requirement that each health care employer shall establish a review program to analyze data relevant to the implementation of the employers' safe patient handling, mobility, and injury prevention program, and shall account for circumstances where safe patient handling technology or equipment were not utilized in accordance with the health care employers' safe patient handling, mobility, and injury prevention standard. Each health care employer shall upon request, make available their findings and data used in such review, to health care workers, their representatives, their collective bargaining agents, and the Secretary or other Federal agency. Each health care employer shall maintain the data and findings from their review for at least 5 years Incorporation of technology into facilities. A requirement that each health care employer shall consider the feasibility of incorporating safe patient handling technology as part of process of new facility design and construction, or facility remodeling. Education and training. A requirement that each health care employer shall train health care workers on safe patient handling, mobility, and injury prevention policies, technology, equipment, and devices, initially, and on a continuing annual basis, and as necessary. Such training shall prepare health care workers, to identify, assess, and control musculoskeletal hazards of a general nature, and those specific to particular patient care areas, and shall be conducted by an individual with knowledge in the subject matter, and delivered, at least in part, in an interactive simulated point-of-care training and hands-on format that reflects the specific demands of a health care workers' duties. Notice of safe patient handling and rights under this act. A requirement that each health care employer shall post a uniform notice in a form specified by the Secretary that explains the safe patient handling, mobility, and injury prevention standard. Includes information regarding safe patient handling, mobility, and injury prevention policies and training, explains procedures to report patient handling- related injuries. And explains health care workers' rights under this Act, including any whistleblower protections. Annual evaluation. A requirement that each health care employer shall conduct an annual written evaluation of the implementation of the safe patient handling, mobility, and injury prevention program, including handling procedures, selection of technology, equipment, and engineering controls, assessment of injuries, and new safe patient handling, mobility, and injury prevention technology and devices that have been developed. The evaluation shall be conducted with the involvement of nurses, other health care workers, their representatives, and their collective bargaining agents, and their input shall be documented in the evaluation. Health care employers shall take corrective action as recommended in the written evaluation. Right to refuse unsafe assignment. A requirement that each health care employer shall provide procedures under which a health care worker or employee may refuse to perform the employee's duties if the employee has a reasonable apprehension that performing such duties would violate the safe patient handling, mobility, and injury prevention standard, and would result in injury or impairment of health to the health care worker, other health care workers, or patients. Where practicable, the health care worker must have communicated the health or safety concern to the health care employer and have not been able to obtain a correction of the violation. Inspections. The Secretary of Labor shall conduct unscheduled inspections under section 8 of the Occupational Safety and Health Act of 1970 to ensure implementation of and compliance with the safe patient handling, mobility, and injury prevention standard. <SECTION-HEADER> APPLICATION OF SAFE PATIENT HANDLING, MOBILITY, AND INJURY PREVENTION STANDARD TO FACILITIES RECEIVING MEDICARE AND MEDICAID FUNDS. In General. Section 1866 of the Social Security Act is amended in subsection (a)(1)(V), by inserting "and safe patient handling, mobility, and injury prevention standard " before the period at the end. And in subsection (b)(4) in subparagraph (A), by inserting "and the safe patient handling, mobility, and injury prevention standard" after "Bloodborne Pathogens standard". And in subparagraph (B), by inserting "or the safe patient handling, mobility, and injury prevention standard" after "Bloodborne Pathogens standard". Effective Date. The amendments made by subsection (a) shall apply to health care facilities 1 year after date of issuance of the final safe patient handling, mobility, and injury prevention standard required under section 2. <SECTION-HEADER> NONPREEMPTION. Effect on Other Laws. Nothing in this Act shall be construed to preempt any law, rule, or regulation of a State or political subdivision of a State, unless such law, rule, or regulation is in conflict with this Act or a regulation or order issued under this Act. Impair or diminish in any way the authority of any State to enact and enforce any law which provides equivalent or greater protections for employees engaging in conduct protected under this Act. Curtail or limit in any way the right of people with disabilities under the Americans with Disabilities Act or section 504 of the Rehabilitation Act of 1973 to those reasonable modifications needed to receive equal access to health care, including the requirement that health care employees give priority consideration to the lifting, movement, or transfer needs and preferences of people with disabilities. Or curtail or limit in any way consideration as an expenditure to acquire or modify equipment for use by or to benefit individuals with disabilities that is specified in section 44 of the Internal Revenue Code of 1986, which is available to eligible small businesses. Rights Retained by Health Care Workers. Nothing in this Act shall be construed to diminish the rights, privileges, or remedies of any health care worker or employee under any Federal or State law, or under any collective bargaining agreement. <SECTION-HEADER> DEFINITIONS. For purposes of this Act: Direct-care registered nurse. The term "direct-care registered nurse" means an individual who has been granted a license by at least one State to practice as a registered nurse and who provides bedside care or outpatient services for one or more patients or residents. Employee. The term "employee" means any individual employed by a health care employer, to include health care workers, as well as employees who do not qualify as health care workers, including independent contractors. Employment. The term "employment" includes the provision of services under a contract or other arrangement. Handling. The term "handling" includes actions such as lifting, transferring, repositioning, mobilizing, moving, or any other action involving the physical movement, manipulation, or support of a patient by a health care worker, or any direct patient care action which presents a risk of musculoskeletal injury. Health care employer. The term "health care employer" means an outpatient health care facility, hospital, nursing home, home health care agency, social assistance facility or program, hospice, federally qualified health center, nurse managed health center, rural health clinic or rehabilitative center, or any similar health care facility that employs direct-care registered nurses or other health care workers. Health care worker. The term "health care worker" means an individual who has been assigned by a health care employer to engage in patient handling, including direct-care registered nurses, independent contractors, or individuals who perform the duties of health care workers.
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Nurse and Health Care Worker Protection Act of 2015 This bill requires the Department of Labor to establish a standard on safe patient handling, mobility, and injury prevention to prevent musculoskeletal disorders for health care workers. The standard must require the use of engineering and safety controls to handle patients. The standard must require health care employers to: (1) develop and implement a safe patient handling, mobility, and injury prevention program. (2) train their workers on safe patient handling, mobility, and injury prevention. And (3) post a notice that explains the standard, procedures to report patient handling-related injuries, and workers' rights under this Act. Labor must conduct unscheduled inspections to ensure compliance with the standard. This bill amends title XVIII (Medicare) of the Social Security Act to apply the standard to hospitals receiving Medicare funds.
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Nurse and Health Care Worker Protection Act of 2015
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111_hr214
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SECTION 1. CREDIT FOR CERTAIN HOME PURCHASES.
(a) Allowance of Credit.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to refundable
credits) is amended by inserting after section 25D the following new
section:
``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual who is a
purchaser of a qualified principal residence during the taxable
year, there shall be allowed as a credit against the tax
imposed by this chapter an amount equal to so much of the
purchase price of the residence as does not exceed $15,000.
``(2) Allocation of credit amount.--The amount of the
credit allowed under paragraph (1) shall be equally divided
among the 3 taxable years beginning with the taxable year in
which the purchase of the qualified principal residence is
made.
``(b) Limitations.--
``(1) Date of purchase.--The credit allowed under
subsection (a) shall be allowed only with respect to purchases
made--
``(A) after February 29, 2008, and
``(B) before March 1, 2009.
``(2) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for any taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section) for the taxable year.
``(3) One-time only.--
``(A) In general.--If a credit is allowed under
this section in the case of any individual (and such
individual's spouse, if married) with respect to the
purchase of any qualified principal residence, no
credit shall be allowed under this section in any
taxable year with respect to the purchase of any other
qualified principal residence by such individual or a
spouse of such individual.
``(B) Joint purchase.--In the case of a purchase of
a qualified principal residence by 2 or more unmarried
individuals or by 2 married individuals filing
separately, no credit shall be allowed under this
section if a credit under this section has been allowed
to any of such individuals in any taxable year with
respect to the purchase of any other qualified
principal residence.
``(c) Qualified Principal Residence.--
``(1) In general.--For purposes of this section, the term
`qualified principal residence' means an eligible single-family
residence that is purchased to be the principal residence of
the purchaser.
``(2) Eligible single-family residence.--
``(A) In general.--For purposes of this subsection,
the term `eligible single-family residence' means a
single-family structure that is--
``(i) a new previously unoccupied residence
for which a building permit is issued and
construction begins on or before September 1,
2007,
``(ii) an owner-occupied residence with
respect to which the owner's acquisition
indebtedness (as defined in section
163(h)(3)(B), determined without regard to
clause (ii) thereof) is in default on or before
March 1, 2008, or
``(iii) a residence with respect to which a
foreclosure event has taken place and which is
owned by the mortgagor or the mortgagor's
agent.
``(B) Certification.--In the case of an eligible
single-family residence described in subparagraph
(A)(i), no credit shall be allowed under this section
unless the purchaser submits a certification by the
seller of such residence that such residence meets the
requirements of such subparagraph.
``(d) Denial of Double Benefit.--No credit shall be allowed under
this section for any purchase for which a credit is allowed under
section 1400C.
``(e) Special Rules.--
``(1) Joint purchase.--
``(A) Married individuals filing separately.--In
the case of 2 married individuals filing separately,
subsection (a) shall be applied to each such individual
by substituting `$7,500' for `$15,000' in subsection
(a)(1).
``(B) Unmarried individuals.--If 2 or more
individuals who are not married purchase a qualified
principal residence, the amount of the credit allowed
under subsection (a) shall be allocated among such
individuals in such manner as the Secretary may
prescribe, except that the total amount of the credits
allowed to all such individuals shall not exceed
$15,000.
``(2) Purchase.--In defining the purchase of a qualified
principal residence, rules similar to the rules of paragraphs
(2) and (3) of section 1400C(e) (as in effect on the date of
the enactment of this section) shall apply.
``(3) Reporting requirement.--Rules similar to the rules of
section 1400C(f) (as so in effect) shall apply.
``(f) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to the purchase of any
residence, the basis of such residence shall be reduced by the amount
of the credit so allowed.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Credit for certain home purchases.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after February 29, 2008.
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Amends the Internal Revenue Code to allow purchasers of a single-family principal residence a one-time tax credit for up to $15,000 of the purchase price. Requires such a residence to be purchased after February 29, 2008, and before March 1, 2009, and that it be: (1) a new previously unoccupied residence for which a building permit has been issued and construction began on or before September 1, 2007. (2) an owner-occupied residence with a mortgage indebtedness in default on or before March 1, 2008. Or (3) in foreclosure and owned by the mortgagor or the mortgagor's agent.
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To amend the Internal Revenue Code of 1986 to provide a Federal income tax credit for certain home purchases.
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| 579
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<SECTION-HEADER> CREDIT FOR CERTAIN HOME PURCHASES. Allowance of Credit. Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: "Section 25E. CREDIT FOR CERTAIN HOME PURCHASES. Allowance of Credit. In general. In the case of an individual who is a purchaser of a qualified principal residence during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to so much of the purchase price of the residence as does not exceed $15,000. Allocation of credit amount. The amount of the credit allowed under paragraph (1) shall be equally divided among the 3 taxable years beginning with the taxable year in which the purchase of the qualified principal residence is made. Limitations. Date of purchase. The credit allowed under subsection (a) shall be allowed only with respect to purchases made after February 29, 2008, and before March 1, 2009. Limitation based on amount of tax. In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over the sum of the credits allowable under this subpart for the taxable year. One-time only. In general. If a credit is allowed under this section in the case of any individual with respect to the purchase of any qualified principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other qualified principal residence by such individual or a spouse of such individual. Joint purchase. In the case of a purchase of a qualified principal residence by 2 or more unmarried individuals or by 2 married individuals filing separately, no credit shall be allowed under this section if a credit under this section has been allowed to any of such individuals in any taxable year with respect to the purchase of any other qualified principal residence. Qualified Principal Residence. In general. For purposes of this section, the term `qualified principal residence' means an eligible single-family residence that is purchased to be the principal residence of the purchaser. Eligible single-family residence. In general. For purposes of this subsection, the term `eligible single-family residence' means a single-family structure that is a new previously unoccupied residence for which a building permit is issued and construction begins on or before September 1, 2007, an owner-occupied residence with respect to which the owner's acquisition indebtedness (as defined in section 163(h)(3)(B), determined without regard to clause is in default on or before March 1, 2008, or a residence with respect to which a foreclosure event has taken place and which is owned by the mortgagor or the mortgagor's agent. Certification. In the case of an eligible single-family residence described in subparagraph (i), no credit shall be allowed under this section unless the purchaser submits a certification by the seller of such residence that such residence meets the requirements of such subparagraph. Denial of Double Benefit. No credit shall be allowed under this section for any purchase for which a credit is allowed under section 1400C. Special Rules. Joint purchase. Married individuals filing separately. In the case of 2 married individuals filing separately, subsection (a) shall be applied to each such individual by substituting `$7,500' for `$15,000' in subsection (1). Unmarried individuals. If 2 or more individuals who are not married purchase a qualified principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $15,000. Purchase. In defining the purchase of a qualified principal residence, rules similar to the rules of paragraphs and (3) of section 1400C(e) shall apply. Reporting requirement. Rules similar to the rules of section 1400C(f) shall apply. Basis Adjustment. For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed.". Clerical Amendment. The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: "Section 25E. Credit for certain home purchases.". Effective Date. The amendments made by this section shall apply to taxable years ending after February 29, 2008.
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Amends the Internal Revenue Code to allow purchasers of a single-family principal residence a one-time tax credit for up to $15,000 of the purchase price. Requires such a residence to be purchased after February 29, 2008, and before March 1, 2009, and that it be: (1) a new previously unoccupied residence for which a building permit has been issued and construction began on or before September 1, 2007. (2) an owner-occupied residence with a mortgage indebtedness in default on or before March 1, 2008. Or (3) in foreclosure and owned by the mortgagor or the mortgagor's agent.
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To amend the Internal Revenue Code of 1986 to provide a Federal income tax credit for certain home purchases.
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103_hr209
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That the Federal
Election Campaign Act of 1971 is amended by adding at the end thereof
the following new title:
``TITLE V--PUBLIC FINANCING OF ADVERTISING AND RELATED EXPENSES IN
CAMPAIGNS FOR THE HOUSE OF REPRESENTATIVES
``campaign allotments
``Sec. 501. (a) Each candidate in an election for the office of
Representative shall be entitled to--
``(1) an allotment of ninety minutes of television time,
divided as the candidate chooses provided that each appearance
on television is at least five minutes long;
``(2) an allotment of one hundred and thirty-five minutes
of radio time, divided as the candidate chooses provided that
each appearance on radio is at least five minutes long;
``(3) an allotment of one hundred and twenty-six column
inches or one page, whichever is greater, of newspaper
advertising, divided as the candidate chooses provided that no
individual advertisement uses less than ten column inches; or
``(4) an allotment of any costs incurred in the
installation of telephones and other equipment for a question-
and-answer format if such a format is used during the
candidate's allotted time on television or radio.
``(b) Payment shall be made for such allotments by the Secretary of
the Treasury, as provided in section 504.
``eligibility
``Sec. 502. (a) A candidate for the office of Representative may
become eligible to receive a campaign allotment under this title--
``(1) in the case of the allotments under paragraphs (1)
through (4) of section 501(a), by arranging in advance for each
advertisement that will be made on television, on radio, and in
newspapers, and each installation of telephones and other
equipment, and by submitting to the Commission, not later than
ten days before the election for which such advertisements are
made, a schedule of such advertisements and installations, as
provided in section 503(a); or
``(2) by certifying to the Commission, under penalty of
perjury, that such candidate will not make expenditures from
his personal funds, the personal funds of his immediate family
or funds donated to his campaign committee, for any of the
purposes for which such candidate accepts a campaign allotment
under this title.
``(b) A candidate who accepts any contribution from a
multicandidate political committee with respect to an election shall
not be eligible to receive a campaign allotment under this title with
respect to such election.
``submission of charges to the commission
``Sec. 503. (a)(1) The schedule required to be submitted by section
502(a)(1) shall include a separate listing for the television
allotment, the radio allotment, and the newspaper allotment, of--
``(A) the date and time of each advertisement within such
allotment;
``(B) the station or newspaper providing the time or space
for such advertisement;
``(C) the amount of time or space that will be used in such
advertisement;
``(D) the total amount of time or space that will be used
for television, radio, and newspaper advertising; and
``(E) with respect to a television or radio advertisement
involving the installation of telephones or other equipment,
the name of the company providing such installation, and the
cost of such installation.
``(2) Such schedule shall be in a form, as further prescribed by
the Commission, which provides for a ranking within each of the
television, radio, and newspaper allotments, of each advertisment. Each
candidate submitting a schedule shall rank such advertisements in order
of his preference, for purposes of any reduction of the maximum
allotments that may be required under section 504(a)(2).
``(b)(1) Each station, newspaper, or company providing time, space,
or service with respect to an allotment under paragraphs (1) through
(4) of section 501(a) shall submit a report of charges to the
Commission, as provided in paragraph (2). Such a station, newspaper, or
company shall be guaranteed payment under section 504 only if such
report is received by the Commission not later than ten days before the
election.
``(2)(A) The report required by paragraph (1) shall include, in the
case of an advertisement that will be broadcast or published, a listing
of--
``(i) the candidate for whom the time or space is provided;
``(ii) the date and time when each advertisement will be
broadcast or published;
``(iii) the amount of time or space used; and
``(iv) the charge made for such advertisement.
``(B) The report required by paragraph (1) shall include, in the
case of installation of telephones or equipment--
``(i) the candidate for whom the installation is made;
``(ii) the advertisement in connection with which such
equipment will be installed, identified by the date and time of
such advertisement, and the station or newspaper, providing the
time or space for such advertisement; and
``(iii) the charge for such installation.
``certification of charges to the secretary of the treasury
``Sec. 504. (a)(1)(A) The Commission shall certify to the Secretary
of the Treasury a charge included in a report submitted under section
503(b) for payment, as soon as practicable after the date on which
reports must be submitted under such section--
``(i) if such charge is listed in the schedule submitted by
the candidate for whom the time, space, or service is to be
provided, and there is no discrepancy between the information
relating to such charge provided with such report and provided
with the schedule under section 503(a);
``(ii) if such charge, as represented on such schedule, is
not for time or space in excess of the maximum allowed under
paragraph (1), (2), or (3) of section 501(a); and
``(iii) to the extent that the rate charged is not, in the
case of a television or radio station, in excess of the limits
imposed by section 315(b) of the Communications Act of 1934 (47
U.S.C. 315(b)), in the case of a newspaper, in excess of the
limits imposed by section 318(b), and in the case of a company
providing installation service, in excess of the amount charged
for comparable service in the district where such installation
is provided.
``(B) At the time of the certification of a charge under this
subsection the Commission shall immediately notify the station,
newspaper, or company that its charge has been certified and that
payment will be made by the Secretary of the Treasury not later than
thirty days from date of certification.
``(C)(i) In any case in which the Commission fails to certify a
charge because one of the conditions set forth in clause (i) or (ii) of
subparagraph (A) has not been met, the Commission shall immediately
notify the candidate and the station, newspaper, or company involved of
such action, and such parties shall be allowed ten days after such
notification to submit amended schedules and reports, in a manner
prescribed by the Commission.
``(ii) In any case in which the Commission fails to certify part of
a charge because it is excessive under clause (iii) of subparagraph
(A), it shall immediately notify the station or newspaper affected of
such action, and shall provide such station or newspaper with a
hearing.
``(D) The Commission shall certify any charge submitted later than
ten days before the election only to the extent that the time, space,
or service for which such charge is made does not exceed the limits
imposed by section 501(a).
``(2) The Commission shall certify charges to the Secretary of the
Treasury for payment under this subsection only to the extent provided
in appropriation Acts. If at the time that reports are required to be
submitted under section 503(b)(1) the total of all charges submitted
with respect to the allotments under paragraphs (1) through (4) of
section 501(a) exceeds the amount appropriated for such purposes, the
Commission shall certify charges as follows:
``(A) The Commission shall determine the percentage by
which the total amount of charges submitted must be reduced in
order to make such total equal to the amount appropriated.
``(B) The Commission shall reduce the amount of time and
space requested by each candidate for each allotment under
paragraphs (1) through (3) of section 501(a) by the percentage
determined under subparagraph (A), according to the ranking
made by each such candidate in his schedule.
``(C) The Commission shall certify the charges selected
under subparagraph (B) to the Secretary of the Treasury for
payment, and shall promptly notify each station, newspaper, and
company, and each candidate of such selections.
The determination, reduction, and notification shall, when required by
this section, be made by the Commission not later than three days after
the date on which reports are required to be submitted under section
503(b)(1).
``(3) There are authorized to be appropriated for each fiscal year
beginning with the fiscal year beginning on October 1, 1991, such funds
as are necessary to make the payments required by this subsection.
``(b)(1) The Commission shall certify to the Secretary of the
Treasury a charge under section 502(a)(2) for payment, as soon as
practicable after the candidate's certification is submitted to the
Commission, to the extent that such charge is not in excess of the
amount to which the candidate submitting such charge is entitled under
section 501(a), and only to the extent provided in prior appropriation
Acts.
``(2) In any case in which the Commission fails to certify part of
a charge under paragraph (1), it shall immediately notify the candidate
of such action and provide a hearing to such candidate.
``(3) There are authorized to be appropriated for each fiscal year
beginning with the fiscal year beginning on October 1, 1991, such funds
as are necessary for the purposes of this subsection.
``definitions
``Sec. 505. As used in this title, the term--
``(1) `candidate' means an individual who seeks election to
the office of Representative, and who is qualified under State
law to have his name placed on the ballot in the district in
which he seeks election;
``(2) `column inch' means a newspaper column one inch deep;
``(3) `election' means a general or special election;
``(4) `immediate family' has the meaning given such term in
section 9004(e) of the Internal Revenue Code of 1986;
``(5) `office of Representative' means the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress; and
``(6) `State' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States from which a
Delegate or Resident Commissioner is elected to the
Congress.''.
|
Amends the Federal Election Campaign Act of 1971 to provide for public financing of advertising and related expenses in campaigns for the House of Representatives. Makes candidates who accept campaign contributions from a multicandidate political committee ineligible for such financing. Requires charges for such advertising to be submitted to the Federal Election Commission, and in turn by the Commission to the Secretary of the Treasury.
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To amend the Federal Election Campaign Act of 1971 to provide for public financing of advertising and related expenses in campaigns for the House of Representatives and to prohibit contributions by multicandidate political committees to candidates who accept such financing.
| 11,742
| 441
|
That the Federal Election Campaign Act of 1971 is amended by adding at the end thereof the following new title: "TITLE V PUBLIC FINANCING OF ADVERTISING AND RELATED EXPENSES IN CAMPAIGNS FOR THE HOUSE OF REPRESENTATIVES "campaign allotments "Section 501. (a) Each candidate in an election for the office of Representative shall be entitled to an allotment of ninety minutes of television time, divided as the candidate chooses provided that each appearance on television is at least five minutes long. An allotment of one hundred and thirty-five minutes of radio time, divided as the candidate chooses provided that each appearance on radio is at least five minutes long. An allotment of one hundred and twenty-six column inches or one page, whichever is greater, of newspaper advertising, divided as the candidate chooses provided that no individual advertisement uses less than ten column inches. Or an allotment of any costs incurred in the installation of telephones and other equipment for a question- and-answer format if such a format is used during the candidate's allotted time on television or radio. Payment shall be made for such allotments by the Secretary of the Treasury, as provided in section 504. "eligibility "Section 502. (a) A candidate for the office of Representative may become eligible to receive a campaign allotment under this title in the case of the allotments under paragraphs (1) through (4) of section 501(a), by arranging in advance for each advertisement that will be made on television, on radio, and in newspapers, and each installation of telephones and other equipment, and by submitting to the Commission, not later than ten days before the election for which such advertisements are made, a schedule of such advertisements and installations, as provided in section 503(a). Or by certifying to the Commission, under penalty of perjury, that such candidate will not make expenditures from his personal funds, the personal funds of his immediate family or funds donated to his campaign committee, for any of the purposes for which such candidate accepts a campaign allotment under this title. A candidate who accepts any contribution from a multicandidate political committee with respect to an election shall not be eligible to receive a campaign allotment under this title with respect to such election. "submission of charges to the commission "Section 503. (a)(1) The schedule required to be submitted by section 502(a)(1) shall include a separate listing for the television allotment, the radio allotment, and the newspaper allotment, of the date and time of each advertisement within such allotment. The station or newspaper providing the time or space for such advertisement. The amount of time or space that will be used in such advertisement. The total amount of time or space that will be used for television, radio, and newspaper advertising. And with respect to a television or radio advertisement involving the installation of telephones or other equipment, the name of the company providing such installation, and the cost of such installation. Such schedule shall be in a form, as further prescribed by the Commission, which provides for a ranking within each of the television, radio, and newspaper allotments, of each advertisment. Each candidate submitting a schedule shall rank such advertisements in order of his preference, for purposes of any reduction of the maximum allotments that may be required under section 504(a)(2). (1) Each station, newspaper, or company providing time, space, or service with respect to an allotment under paragraphs (1) through of section 501(a) shall submit a report of charges to the Commission, as provided in paragraph (2). Such a station, newspaper, or company shall be guaranteed payment under section 504 only if such report is received by the Commission not later than ten days before the election. (A) The report required by paragraph (1) shall include, in the case of an advertisement that will be broadcast or published, a listing of the candidate for whom the time or space is provided. The date and time when each advertisement will be broadcast or published, the amount of time or space used. And the charge made for such advertisement. The report required by paragraph (1) shall include, in the case of installation of telephones or equipment the candidate for whom the installation is made. The advertisement in connection with which such equipment will be installed, identified by the date and time of such advertisement, and the station or newspaper, providing the time or space for such advertisement. And the charge for such installation. "certification of charges to the secretary of the treasury "Section 504. (a)(1)(A) The Commission shall certify to the Secretary of the Treasury a charge included in a report submitted under section 503(b) for payment, as soon as practicable after the date on which reports must be submitted under such section if such charge is listed in the schedule submitted by the candidate for whom the time, space, or service is to be provided, and there is no discrepancy between the information relating to such charge provided with such report and provided with the schedule under section 503(a). If such charge, as represented on such schedule, is not for time or space in excess of the maximum allowed under paragraph (1), (2), or (3) of section 501(a). And to the extent that the rate charged is not, in the case of a television or radio station, in excess of the limits imposed by section 315(b) of the Communications Act of 1934 (47 USC. 315(b)), in the case of a newspaper, in excess of the limits imposed by section 318(b), and in the case of a company providing installation service, in excess of the amount charged for comparable service in the district where such installation is provided. At the time of the certification of a charge under this subsection the Commission shall immediately notify the station, newspaper, or company that its charge has been certified and that payment will be made by the Secretary of the Treasury not later than thirty days from date of certification. (i) In any case in which the Commission fails to certify a charge because one of the conditions set forth in clause (i) or (ii) of subparagraph (A) has not been met, the Commission shall immediately notify the candidate and the station, newspaper, or company involved of such action, and such parties shall be allowed ten days after such notification to submit amended schedules and reports, in a manner prescribed by the Commission. In any case in which the Commission fails to certify part of a charge because it is excessive under clause (iii) of subparagraph , it shall immediately notify the station or newspaper affected of such action, and shall provide such station or newspaper with a hearing. The Commission shall certify any charge submitted later than ten days before the election only to the extent that the time, space, or service for which such charge is made does not exceed the limits imposed by section 501(a). The Commission shall certify charges to the Secretary of the Treasury for payment under this subsection only to the extent provided in appropriation Acts. If at the time that reports are required to be submitted under section 503(b)(1) the total of all charges submitted with respect to the allotments under paragraphs (1) through (4) of section 501(a) exceeds the amount appropriated for such purposes, the Commission shall certify charges as follows: The Commission shall determine the percentage by which the total amount of charges submitted must be reduced in order to make such total equal to the amount appropriated. The Commission shall reduce the amount of time and space requested by each candidate for each allotment under paragraphs (1) through (3) of section 501(a) by the percentage determined under subparagraph (A), according to the ranking made by each such candidate in his schedule. The Commission shall certify the charges selected under subparagraph (B) to the Secretary of the Treasury for payment, and shall promptly notify each station, newspaper, and company, and each candidate of such selections. The determination, reduction, and notification shall, when required by this section, be made by the Commission not later than three days after the date on which reports are required to be submitted under section 503(b)(1). There are authorized to be appropriated for each fiscal year beginning with the fiscal year beginning on October 1, 1991, such funds as are necessary to make the payments required by this subsection. (1) The Commission shall certify to the Secretary of the Treasury a charge under section 502(a)(2) for payment, as soon as practicable after the candidate's certification is submitted to the Commission, to the extent that such charge is not in excess of the amount to which the candidate submitting such charge is entitled under section 501(a), and only to the extent provided in prior appropriation Acts. In any case in which the Commission fails to certify part of a charge under paragraph (1), it shall immediately notify the candidate of such action and provide a hearing to such candidate. There are authorized to be appropriated for each fiscal year beginning with the fiscal year beginning on October 1, 1991, such funds as are necessary for the purposes of this subsection. "definitions "Section 505. As used in this title, the term `candidate' means an individual who seeks election to the office of Representative, and who is qualified under State law to have his name placed on the ballot in the district in which he seeks election, `column inch' means a newspaper column one inch deep, `election' means a general or special election. `immediate family' has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. `office of Representative' means the office of Representative in, or Delegate or Resident Commissioner to, the Congress. And `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States from which a Delegate or Resident Commissioner is elected to the Congress.".
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Amends the Federal Election Campaign Act of 1971 to provide for public financing of advertising and related expenses in campaigns for the House of Representatives. Makes candidates who accept campaign contributions from a multicandidate political committee ineligible for such financing. Requires charges for such advertising to be submitted to the Federal Election Commission, and in turn by the Commission to the Secretary of the Treasury.
|
To amend the Federal Election Campaign Act of 1971 to provide for public financing of advertising and related expenses in campaigns for the House of Representatives and to prohibit contributions by multicandidate political committees to candidates who accept such financing.
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111_hr3188
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Right to Decide Protection
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) HPV, the human papillomavirus, is the most common
sexually transmitted infection in the United States. HPV types
16 and 18 cause about 70 percent of cervical cancers. The
Centers for Disease Control and Prevention estimates that about
6,200,000 Americans become infected with HPV each year and that
over half of all sexually active men and women become infected
at some time in their lives. On average, there are 9,710 new
cases of cervical cancer and 3,700 deaths attributed to it in
the United States each year.
(2) Early detection is the key to diagnosing and curing
cervical cancer, and therefore the Food and Drug Administration
(FDA) recommends that all women get regular Pap tests. The Pap
test looks for cell changes caused by HPV, so the cervix can be
treated before the cells turn into cancer. The FDA also states
the Pap test can also find cancer in its early stages so it can
be treated before it becomes too serious, and reaches the
conclusion that it is rare to die from cervical cancer if the
disease is caught early.
(3) On June 8, 2006, the FDA approved Gardasil, the first
vaccine developed to prevent cervical cancer, precancerous
genital lesions, and genital warts due to human papillomavirus
(HPV) types 6, 11, 16, and 18. Gardasil is a recombinant
vaccine, it does not contain a live virus, and it is given as
three injections over a six-month period. The vaccine is
approved for use in females 9-26 years of age. However, the FDA
also states that since the vaccine is new, more studies need to
be done to determine how long women will be protected from HPV.
For example, the FDA does not know if a booster is needed after
a couple of years to ensure continuity of protection.
(4) As detailed by the FDA, four studies were conducted in
21,000 women, one in the United States and three multinational,
to show how well Gardasil worked in women between the ages of
16 and 26. The study period was not long enough for cervical
cancer to develop; however, preventing cervical precancerous
lesions is believed highly likely to result in the prevention
of cervical cancer.
(5) In January 2007 the Advisory Committee on Immunization
Practices (ACIP), under the Centers for Disease Control and
Prevention, issued changes to the previous childhood and
adolescent immunization schedule. The ACIP recommends the new
human papillomavirus vaccine (HPV) to be administered in a 3-
dose schedule with the second and third doses administered 2
and 6 months after the first dose. Routine vaccination with HPV
is recommended for females aged 11-12 years, the vaccination
series can be started in females as young as age 9 years, and a
catch up vaccination is recommended for females aged 13-26
years who have not been vaccinated previously or who have not
completed the full vaccine series.
(6) In July 2008 Judicial Watch, a Washington-based public
interest group, reported that there have been close to 9,000
health complaints as a result of Gardasil. These complaints
have surfaced because Gardasil recipients have experienced
everything from massive wart outbreaks to paralysis, and even
death in 18 cases.
(7) States historically have maintained the practice of
applying immunization recommendations to their school
admittance policies so as to protect schoolchildren from
outbreaks of contagious disease. The Association of American
Physicians and Surgeons states that there is no public health
purpose for mandating HPV vaccine for schoolchildren. HPV is a
sexually transmitted disease.
(8) With a number of states entertaining legislation which
takes the unprecedented step in requiring young girls to obtain
a vaccine for a disease that is not spread by casual contact in
order to attend school, many organizations and associations
have come out against mandatory HPV vaccine programs.
(9) The American College of Pediatricians and the
Association of American Physicians and Surgeons are opposed to
any legislation which would require HPV vaccination for school
attendance. They have stated that excluding children from
school for refusal to be vaccinated for a disease spread only
by intercourse is a serious, precedent-setting action that
trespasses on the right of parents to make medical decisions
for their children as well as on the rights of the children to
attend school.
(10) Federal funds should not be used to implement a
mandatory vaccine program for a disease that does not threaten
the public health of schoolchildren in the course of casual,
daily interaction between classmates and inserts the government
into the lives of children, parents, and physicians.
SEC. 3. PROHIBITION AGAINST FUNDING FOR MANDATORY HUMAN PAPILLOMAVIRUS
(HPV) VACCINATION PROGRAMS.
No Federal funds or other assistance may be made available to any
State or political subdivision of a State to establish or implement any
requirement that individuals receive vaccination for human
papillomavirus (HPV).
|
Parental Right to Decide Protection Act - Prohibits federal funds or other assistance from being made available to any state or political subdivision to establish or implement any requirement that individuals receive vaccination for human papillomavirus (HPV).
|
To prohibit Federal funding or other assistance for mandatory human papillomavirus (HPV) vaccination programs.
| 5,839
| 260
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Parental Right to Decide Protection Act". <SECTION-HEADER> FINDINGS. The Congress finds as follows: HPV, the human papillomavirus, is the most common sexually transmitted infection in the United States. HPV types 16 and 18 cause about 70 percent of cervical cancers. The Centers for Disease Control and Prevention estimates that about 6,200,000 Americans become infected with HPV each year and that over half of all sexually active men and women become infected at some time in their lives. On average, there are 9,710 new cases of cervical cancer and 3,700 deaths attributed to it in the United States each year. Early detection is the key to diagnosing and curing cervical cancer, and therefore the Food and Drug Administration recommends that all women get regular Pap tests. The Pap test looks for cell changes caused by HPV, so the cervix can be treated before the cells turn into cancer. The FDA also states the Pap test can also find cancer in its early stages so it can be treated before it becomes too serious, and reaches the conclusion that it is rare to die from cervical cancer if the disease is caught early. On June 8, 2006, the FDA approved Gardasil, the first vaccine developed to prevent cervical cancer, precancerous genital lesions, and genital warts due to human papillomavirus types 6, 11, 16, and 18. Gardasil is a recombinant vaccine, it does not contain a live virus, and it is given as three injections over a six-month period. The vaccine is approved for use in females 9-26 years of age. However, the FDA also states that since the vaccine is new, more studies need to be done to determine how long women will be protected from HPV. For example, the FDA does not know if a booster is needed after a couple of years to ensure continuity of protection. As detailed by the FDA, four studies were conducted in 21,000 women, one in the United States and three multinational, to show how well Gardasil worked in women between the ages of 16 and 26. The study period was not long enough for cervical cancer to develop. However, preventing cervical precancerous lesions is believed highly likely to result in the prevention of cervical cancer. In January 2007 the Advisory Committee on Immunization Practices (ACIP), under the Centers for Disease Control and Prevention, issued changes to the previous childhood and adolescent immunization schedule. The ACIP recommends the new human papillomavirus vaccine (HPV) to be administered in a 3- dose schedule with the second and third doses administered 2 and 6 months after the first dose. Routine vaccination with HPV is recommended for females aged 11-12 years, the vaccination series can be started in females as young as age 9 years, and a catch up vaccination is recommended for females aged 13-26 years who have not been vaccinated previously or who have not completed the full vaccine series. In July 2008 Judicial Watch, a Washington-based public interest group, reported that there have been close to 9,000 health complaints as a result of Gardasil. These complaints have surfaced because Gardasil recipients have experienced everything from massive wart outbreaks to paralysis, and even death in 18 cases. States historically have maintained the practice of applying immunization recommendations to their school admittance policies so as to protect schoolchildren from outbreaks of contagious disease. The Association of American Physicians and Surgeons states that there is no public health purpose for mandating HPV vaccine for schoolchildren. HPV is a sexually transmitted disease. With a number of states entertaining legislation which takes the unprecedented step in requiring young girls to obtain a vaccine for a disease that is not spread by casual contact in order to attend school, many organizations and associations have come out against mandatory HPV vaccine programs. The American College of Pediatricians and the Association of American Physicians and Surgeons are opposed to any legislation which would require HPV vaccination for school attendance. They have stated that excluding children from school for refusal to be vaccinated for a disease spread only by intercourse is a serious, precedent-setting action that trespasses on the right of parents to make medical decisions for their children as well as on the rights of the children to attend school. Federal funds should not be used to implement a mandatory vaccine program for a disease that does not threaten the public health of schoolchildren in the course of casual, daily interaction between classmates and inserts the government into the lives of children, parents, and physicians. <SECTION-HEADER> PROHIBITION AGAINST FUNDING FOR MANDATORY HUMAN PAPILLOMAVIRUS VACCINATION PROGRAMS. No Federal funds or other assistance may be made available to any State or political subdivision of a State to establish or implement any requirement that individuals receive vaccination for human papillomavirus (HPV).
|
Parental Right to Decide Protection Act - Prohibits federal funds or other assistance from being made available to any state or political subdivision to establish or implement any requirement that individuals receive vaccination for human papillomavirus (HPV).
|
To prohibit Federal funding or other assistance for mandatory human papillomavirus (HPV) vaccination programs.
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113_hr3593
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VA Construction Assistance Act of
2014''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) According to testimony by the Director of Physical
Infrastructure of the General Accountability Office before the
Committee on Veterans' Affairs of the House of Representatives
in May 2013, schedule delays of major medical center
construction projects of the Department of Veterans Affairs
have averaged 35 months, with the delays ranging from 14 months
to 74 months.
(2) The average cost increase attributed to such delays has
been $336,000,000 per project.
(3) Management of the major medical facility projects
currently underway as of the date of the enactment of this Act
in Denver, Colorado, Orlando, Florida, and New Orleans,
Louisiana, should be subject to the oversight of a special
project manager of the Army Corps of Engineers that is
independent of the Department of Veterans Affairs because,
according to the Comptroller General of the United States, such
projects have experienced continuous delays and a total cost
increase of nearly $1,000,000,000.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the management of the major medical center construction
projects of the Department of Veterans Affairs has been an
abysmal failure; and
(2) in order to minimize repeated delays and cost increases
to such projects, the Secretary of Veterans Affairs should
fully implement all recommendations made by the Comptroller
General of the United States in an April 2013 report to improve
construction procedures and practices of the Department.
SEC. 3. IMPLEMENTATION OF MAJOR MEDICAL FACILITY CONSTRUCTION REFORMS.
Section 8104 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(i)(1) With respect to each project described in paragraph (2),
the Secretary shall--
``(A) use the services of a medical equipment planner as
part of the architectural and engineering firm for the project;
``(B) develop and use a project management plan to ensure
clear and consistent communication among all parties;
``(C) subject the project to construction peer excellence
review;
``(D) develop--
``(i) a metrics program to enable the monitoring of
change-order processing time; and
``(ii) goals for the change-order process
consistent with the best practices of other departments
and agencies of the Federal Government; and
``(E) to the extent practicable, use design-build processes
to minimize multiple change orders.
``(2) A project described in this paragraph is a construction or
alteration project that is a major medical facility project.''.
SEC. 4. SPECIAL PROJECT MANAGER FOR CERTAIN MEDICAL CENTER CONSTRUCTION
PROJECTS.
(a) Appointment of Special Project Manager.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall enter into an agreement with the Army Corps of
Engineers to procure, on a reimbursable basis, the services of the Army
Corps of Engineers with respect to appointing not less than one special
project manager who has experience in managing construction projects
that exceed $60,000,000 to oversee covered projects until the date on
which the project is completed.
(b) Duties.--A special project manager appointed under subsection
(a) to oversee a covered project shall--
(1) conduct oversight of all construction-related
operations at the project, including with respect to--
(A) the performance of the Department of Veterans
Affairs involving the prime contractors; and
(B) the compliance of the Department with the
Federal Acquisition Regulation, including the VA
Acquisition Regulation;
(2) advise and assist the Department in any construction-
related activity at the project, including the approval of
change-order requests for the purpose of achieving a timely
completion of the project; and
(3) conduct independent technical reviews and recommend to
the Department best construction practices to improve
operations for the project.
(c) Plans and Report.--
(1) Completion plans.--Not later than 90 days after being
appointed under subsection (a), a special project manager shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate detailed plans of the covered
project for which the special project manager is so appointed.
(2) Progress reports.--Not later than 180 days after being
appointed under subsection (a), and each 180-day period
thereafter until the date on which the covered project is
completed, a special project manager shall submit to the
Committees on Veterans' Affairs of the House of Representatives
and the Senate a report detailing the progress of the covered
project for which the special project manager is so appointed.
Each report shall include--
(A) an analysis of all advice and assistance
provided to the Department under subsection (b);
(B) an analysis of all changes ordered by the
Department with respect to the project, or claimed to
have been made by contract between the Department and
the prime contractor, including the extent to which
such changes comply with the Federal Acquisition
Regulation, including the VA Acquisition Regulation;
(C) an analysis of the communication and working
relationship between the Department and the prime
contractor, including any recommendations made by the
prime contractor to aid in the completion of the
project; and
(D) identification of opportunities and
recommendations with respect to improving the operation
of any construction-related activity to reduce costs or
complete the project in a more timely manner.
(d) Cooperation.--
(1) Information.--The Secretary of Veterans Affairs shall
provide a special project manager appointed under subsection
(a) with any necessary documents or information necessary for
the special project manager to carry out subsections (b) and
(c).
(2) Assistance.--Upon request by the special project
manager, the Secretary shall provide to the special project
manager administrative assistance necessary for the special
project manager to carry out subsections (b) and (c).
(e) Covered Projects Defined.--In this section, the term ``covered
projects'' means each construction project that is a major medical
facility project (as defined in section 8104(a)(3)(A) of title 38,
United States Code) that--
(1) was the subject of a report by the Comptroller General
of the United States titled ``Additional Actions Needed to
Decrease Delays and Lower Costs of Major Medical-Facility
Projects'', numbered GAO-13-302, and published in April 2013;
and
(2) has not been activated to accept patients as of the
date of the enactment of this Act.
SEC. 5. PROHIBITION ON NEW APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act and the amendments made by this Act, and this Act and such
amendments shall be carried out using amounts otherwise made available
for such purposes.
Passed the House of Representatives September 16, 2014.
Attest:
KAREN L. HAAS,
Clerk.
|
VA Construction Assistance Act of 2014 - Expresses the sense of Congress that: (1) the management of the major medical center construction projects of the Department of Veterans Affairs (VA) has been an abysmal failure. And (2) the Secretary of Veterans Affairs should fully implement all recommendations made by the Comptroller General in an April 2013 report to improve VA construction procedures. Requires the Secretary, for any construction or alteration project that is a major medical facility project, to: (1) use the services of a medical equipment planner as part of the architectural and engineering firm for the project, (2) develop and use a project management plan to ensure clear and consistent communication among all parties, (3) subject the project to construction peer excellence review, (4) develop a metrics program to enable the monitoring of change-order processing time and goals for the change-order process consistent with the best practices of other federal agencies, and (5) use design-build processes to minimize multiple change orders. Directs the Secretary to procure the services of the Army Corps of Engineers with respect to appointing not less than one special project manager who has experience in managing construction projects that exceed $60 million to oversee such covered projects until completion. Requires a special project manager to submit to specified congressional committees detailed plans of a covered project and progress reports, which shall include an analysis of all changes ordered by the VA and recommendations for improving the operation of any construction-related activity to reduce costs or complete the project in a more timely manner. Defines quot, covered projectsquot. To mean each construction project that is a major medical facility project that: (1) was the subject of a report by the Comptroller General (GAO) titled quot. Additional Actions Needed to Decrease Delays and Lower Costs of Major Medical-Facility Projects,quot, published in April 2013. And (2) has not been activated to accept patients as of this Act's enactment. Prohibits additional funds from being authorized to be appropriated to carry out this Act.
|
VA Construction Assistance Act of 2014
| 8,484
| 2,185
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "VA Construction Assistance Act of 2014". <SECTION-HEADER> FINDINGS. SENSE OF CONGRESS. Findings. Congress finds the following: According to testimony by the Director of Physical Infrastructure of the General Accountability Office before the Committee on Veterans' Affairs of the House of Representatives in May 2013, schedule delays of major medical center construction projects of the Department of Veterans Affairs have averaged 35 months, with the delays ranging from 14 months to 74 months. The average cost increase attributed to such delays has been $336,000,000 per project. Management of the major medical facility projects currently underway as of the date of the enactment of this Act in Denver, Colorado, Orlando, Florida, and New Orleans, Louisiana, should be subject to the oversight of a special project manager of the Army Corps of Engineers that is independent of the Department of Veterans Affairs because, according to the Comptroller General of the United States, such projects have experienced continuous delays and a total cost increase of nearly $1,000,000,000. Sense of Congress. It is the sense of Congress that the management of the major medical center construction projects of the Department of Veterans Affairs has been an abysmal failure. And in order to minimize repeated delays and cost increases to such projects, the Secretary of Veterans Affairs should fully implement all recommendations made by the Comptroller General of the United States in an April 2013 report to improve construction procedures and practices of the Department. <SECTION-HEADER> IMPLEMENTATION OF MAJOR MEDICAL FACILITY CONSTRUCTION REFORMS. Section 8104 of title 38, United States Code, is amended by adding at the end the following new subsection: (1) With respect to each project described in paragraph (2), the Secretary shall use the services of a medical equipment planner as part of the architectural and engineering firm for the project. Develop and use a project management plan to ensure clear and consistent communication among all parties, subject the project to construction peer excellence review. Develop a metrics program to enable the monitoring of change-order processing time. And goals for the change-order process consistent with the best practices of other departments and agencies of the Federal Government. And to the extent practicable, use design-build processes to minimize multiple change orders. A project described in this paragraph is a construction or alteration project that is a major medical facility project.". <SECTION-HEADER> SPECIAL PROJECT MANAGER FOR CERTAIN MEDICAL CENTER CONSTRUCTION PROJECTS. Appointment of Special Project Manager. Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Army Corps of Engineers to procure, on a reimbursable basis, the services of the Army Corps of Engineers with respect to appointing not less than one special project manager who has experience in managing construction projects that exceed $60,000,000 to oversee covered projects until the date on which the project is completed. Duties. A special project manager appointed under subsection to oversee a covered project shall conduct oversight of all construction-related operations at the project, including with respect to the performance of the Department of Veterans Affairs involving the prime contractors. And the compliance of the Department with the Federal Acquisition Regulation, including the VA Acquisition Regulation. Advise and assist the Department in any construction- related activity at the project, including the approval of change-order requests for the purpose of achieving a timely completion of the project. And conduct independent technical reviews and recommend to the Department best construction practices to improve operations for the project. Plans and Report. Completion plans. Not later than 90 days after being appointed under subsection (a), a special project manager shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate detailed plans of the covered project for which the special project manager is so appointed. Progress reports. Not later than 180 days after being appointed under subsection (a), and each 180-day period thereafter until the date on which the covered project is completed, a special project manager shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report detailing the progress of the covered project for which the special project manager is so appointed. Each report shall include an analysis of all advice and assistance provided to the Department under subsection (b). An analysis of all changes ordered by the Department with respect to the project, or claimed to have been made by contract between the Department and the prime contractor, including the extent to which such changes comply with the Federal Acquisition Regulation, including the VA Acquisition Regulation. An analysis of the communication and working relationship between the Department and the prime contractor, including any recommendations made by the prime contractor to aid in the completion of the project. And identification of opportunities and recommendations with respect to improving the operation of any construction-related activity to reduce costs or complete the project in a more timely manner. Cooperation. Information. The Secretary of Veterans Affairs shall provide a special project manager appointed under subsection with any necessary documents or information necessary for the special project manager to carry out subsections (b) and . Assistance. Upon request by the special project manager, the Secretary shall provide to the special project manager administrative assistance necessary for the special project manager to carry out subsections (b) and (c). Covered Projects Defined. In this section, the term "covered projects" means each construction project that is a major medical facility project (as defined in section 8104(a)(3) that was the subject of a report by the Comptroller General of the United States titled "Additional Actions Needed to Decrease Delays and Lower Costs of Major Medical-Facility Projects", numbered GAO-13-302, and published in April 2013. And has not been activated to accept patients as of the date of the enactment of this Act. <SECTION-HEADER> PROHIBITION ON NEW APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise made available for such purposes. Passed the House of Representatives September 16, 2014. Attest: KAREN L. HAAS, Clerk.
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VA Construction Assistance Act of 2014 - Expresses the sense of Congress that: (1) the management of the major medical center construction projects of the Department of Veterans Affairs (VA) has been an abysmal failure. And (2) the Secretary of Veterans Affairs should fully implement all recommendations made by the Comptroller General in an April 2013 report to improve VA construction procedures. Requires the Secretary, for any construction or alteration project that is a major medical facility project, to: (1) use the services of a medical equipment planner as part of the architectural and engineering firm for the project, (2) develop and use a project management plan to ensure clear and consistent communication among all parties, (3) subject the project to construction peer excellence review, (4) develop a metrics program to enable the monitoring of change-order processing time and goals for the change-order process consistent with the best practices of other federal agencies, and (5) use design-build processes to minimize multiple change orders. Directs the Secretary to procure the services of the Army Corps of Engineers with respect to appointing not less than one special project manager who has experience in managing construction projects that exceed $60 million to oversee such covered projects until completion. Requires a special project manager to submit to specified congressional committees detailed plans of a covered project and progress reports, which shall include an analysis of all changes ordered by the VA and recommendations for improving the operation of any construction-related activity to reduce costs or complete the project in a more timely manner. Defines quot, covered projectsquot. To mean each construction project that is a major medical facility project that: (1) was the subject of a report by the Comptroller General (GAO) titled quot. Additional Actions Needed to Decrease Delays and Lower Costs of Major Medical-Facility Projects,quot, published in April 2013. And (2) has not been activated to accept patients as of this Act's enactment. Prohibits additional funds from being authorized to be appropriated to carry out this Act.
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VA Construction Assistance Act of 2014
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106_s2004
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SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``Pipeline Safety
Act of 2000''.
(b) References in Act.--Except as specifically provided in this
Act, whenever in this Act an amendment or repeal is expressed as an
amendment or repeal of a provision, the reference shall be deemed to be
made to title 49, United States Code.
SEC. 2. DEFINITIONS.
Section 60101 is amended--
(1) by striking ``and'' at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(26) `release of a hazardous liquid or gas' means any
spilling, leaking, emitting, discharging, dumping, disposing,
or any other uncontrolled escape of a hazardous liquid or gas
from a pipeline.''.
SEC. 3. EXPANDED STATE AUTHORITY.
(a) Additional Training and Education.--Section 60102(a) is amended
by adding at the end the following new paragraph:
``(3)(A) A State may, by regulation, require individuals described
in paragraph (1)(C) who operate a pipeline facility in such State to
satisfy training and education requirements that are in addition to any
qualifications required under that paragraph.
``(B) Subject to subparagraph (C), the Secretary may determine that
a regulation under subparagraph (A) unduly burdens interstate commerce
or that a State lacks the resources or expertise necessary to carry out
a regulation under that subparagraph. A State may not enforce a
regulation covered by a determination under the preceding sentence.
``(C) The Secretary may make a determination under subparagraph (B)
only--
``(i) after notifying the State concerned in writing of the
Secretary's objections to the regulation;
``(ii) after affording the State an opportunity to take
action within a period of time (not to exceed 90 days)
specified by the Secretary to modify the regulation to take
into account the objections specified under clause (i); and
``(iii) after a public hearing.''.
(b) Use of Leak Detection Devices.--Section 60102(j) is amended by
adding at the end the following new paragraph:
``(4)(A)(i) A State may, by regulation, require the use of
equipment in such State to detect and locate pipeline releases of
hazardous liquids or gases.
``(ii) A State may require equipment under clause (i) only if--
``(I) the Secretary has determined the equipment to be
effective and useful for detecting releases of hazardous
liquids or gases; or
``(II) the equipment is commonly used in the pipeline
industry for detecting such releases.
``(B) Subject to subparagraph (C), the Secretary may determine that
a regulation under subparagraph (A) unduly burdens interstate commerce
or that a State lacks the resources or expertise necessary to carry out
a regulation under that subparagraph. A State may not enforce a
regulation covered by a determination under the preceding sentence.
``(C) The Secretary may make a determination under subparagraph (B)
only--
``(i) after notifying the State concerned in writing of the
Secretary's objections to the regulation;
``(ii) after affording the State an opportunity to take
action within a period of time (not to exceed 90 days)
specified by the Secretary to modify the regulation to take
into account the objections specified under clause (i); and
``(iii) after a public hearing.''.
(c) Relation to Federal Preemption.--The second sentence of section
60104(c) is amended by striking ``A State'' and inserting ``Except as
otherwise provided in sections 60102 and 60106, a State''.
(d) State Pipeline Safety Agreements.--
(1) In general.--Section 60106 is amended--
(A) in subsection (a)--
(i) in the second sentence, by striking
``agreement shall--'' and inserting
``agreement--'';
(ii) in paragraph (1)--
(I) by inserting ``shall'' before
``establish''; and
(II) by striking ``and'' at the
end;
(iii) in paragraph (2)--
(I) by inserting ``shall'' before
``prescribe''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following new
paragraph:
``(3) may permit the State authority to--
``(i) require inspections and tests of pipeline
facilities that are in addition to Federal requirements
under this chapter;
``(ii) enforce Federal minimum safety standards
under this chapter;
``(iii) require, by regulation, the owner or
operator of a pipeline facility in the State to certify
to the State that its safety procedure and accident
response plans comply with the safety requirements
prescribed under this chapter; and
``(iv) regulate activities related to the safety of
pipeline facilities if such regulation--
``(I) would enhance the safety of those
facilities; and
``(II) would not include safety standards
less stringent than are otherwise imposed under
this chapter.'';
(B) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively;
(C) by inserting after subsection (a) the following
new subsection (b):
``(b) Approval of Agreements.--(1) The Secretary shall approve an
agreement submitted by a State authority under subsection (a) not later
than 90 days after the date of its submittal under that subsection.
``(2) The Secretary may not approve an agreement submitted under
subsection (a) if the Secretary determines that the agreement would
unduly burden interstate commerce or that the State authority lacks the
resources or expertise necessary to carry out the agreement.''; and
(D) by amending subsection (e), as so redesignated,
to read as follows:
``(e) Ending Agreements.--(1) Subject to paragraphs (2) and (3),
the Secretary may end an agreement under this section if the Secretary
finds that the State authority concerned has not complied with the
agreement.
``(2) The Secretary may end an agreement under paragraph (1) only--
``(A) after notifying the State authority in writing of the
finding of the Secretary under that paragraph;
``(B) after affording the State authority an opportunity to
take action with a period of time (not to exceed 90 days)
specified by the Secretary to comply with the agreement; and
``(C) after a public hearing.
``(3) The Secretary shall, after complying with paragraph (2),
publish in the Federal Register a notice of a finding and decision
under this subsection. The finding and decision shall not take effect
until at least 15 days after the date of its publication under the
preceding sentence.''.
(2) Sense of congress.--It is the sense of Congress that
the Secretary of Transportation should aggressively pursue
entry into pipeline safety agreements with States under section
60106 of title 49, United States Code, as amended by paragraph
(1).
(e) State Pipeline Safety Grants.--Paragraph (1) of section
60107(a) is amended to read as follows:
``(1) to carry out a safety program under a certification
under section 60105 or an agreement under section 60106, and to
carry out any other any other authority permitted a State under
this chapter; or''.
(f) State Role in Accident Response and Prevention.--Congress
recognizes that each State has a role in--
(1) the determination of equipment needs for responses to
accidents involving a pipeline facility;
(2) the development of training curriculum for police,
fire, and emergency medical personnel within the State;
(3) the development of prevention planning and preparedness
for spills within the State; and
(4) in areas where their partnership and their
understanding of local conditions and circumstances would
enhance safety.
SEC. 4. PUBLIC RIGHT TO KNOW.
Section 60102(c) is amended by adding at the end the following new
paragraph:
``(5) Public right to know.--
``(A) The Secretary shall include in the standards
prescribed under subsection (a) a requirement that the
owner or operator of each interstate pipeline facility
notify the entities and individuals described in
subparagraph (B) of any inspection or testing of a
pipeline facility, any rupture in the pipeline
facility, and any release of a hazardous liquid or gas
described in subparagraph (C) from such facility and
provide a summary of any data obtained from such
inspection, testing, rupture, or release to those
entities and individuals.
``(B) The entities and individuals referred to in
subparagraph (A) are--
``(i) appropriate Federal and State
regulatory authorities; and
``(ii) municipalities, school districts,
businesses, and residents likely to be impacted
by an accident involving the pipeline facility
that was inspected or tested or with respect to
which a rupture of a pipeline facility or
release of a hazardous liquid or gas was found.
``(C) A release of a hazardous liquid or gas
described in subparagraph (A) is a release involving--
``(i) any spill in excess of 40 liquid
gallons; or
``(ii) any spill of more than 30 days
duration.''.
SEC. 5. NEW FEDERAL REQUIREMENTS.
Section 60108(b) is amended--
(1) in paragraph (1), by striking the second sentence; and
(2) by amending paragraph (2) to read as follows:
``(2)(A) Not later than December 1, 2000, the Secretary shall
require that--
``(i) inspections under paragraph (1) of the internal
condition of a pipeline facility where the pipe is capable of
accommodating internal inspection devices, shall occur at least
once every 5 years; and
``(ii) effective with a determination by the Secretary that
the appropriate technology for inspections is sufficiently
reliable, inspections under paragraph (1) of the external
condition of a pipeline facility shall occur at least once
every 5 years.
``(B) The Secretary shall--
``(i) notify the Federal and State authorities having
responsibility for the regulation of the inspected pipeline
facility and those municipalities, school districts,
businesses, and residents reasonably likely to be impacted by
an accident involving the inspected pipeline facility of the
results of the inspections conducted under subparagraph (A);
and
``(ii) make available to the public the information
notified under clause (i).
``(C) The Secretary shall take steps to remedy any problem in a
pipeline facility and may require additional testing of the pipeline
facility.''.
SEC. 6. ENHANCED QUALIFICATIONS OF PIPELINE OPERATORS.
Section 60102(a)(1)(C) is amended to read as follows:
``(C) shall include a requirement that all individuals
responsible for the operation and maintenance of pipeline
facilities be tested for qualification to perform such
functions and certified as qualified by the Secretary to
perform such functions, and may include a requirement that
those individuals obtain additional education and training to
qualify to perform such functions.''.
SEC. 7. STUDY AND REPORT.
(a) Study.--The Secretary of Transportation shall conduct a study
on--
(1) the status of the reliability and accuracy of internal
and external inspection devices for pipeline facilities;
(2) a determination of the optimal minimum burial depth of
such pipeline facilities;
(3) the feasibility of requiring failsafe mechanisms that
are nonelectronic and that do not rely on any human or
administrative process;
(4) the effectiveness of current failsafe mechanisms; and
(5) the practicality of removing distinctions between
natural gas and liquid pipelines and equalizing priorities
between natural gas and liquid pipelines.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Secretary of Transportation shall submit a report to
Congress setting forth the results of the study conducted under
subsection (a).
(c) Failsafe Mechanism Defined.--For purposes of subsection (a),
the term ``failsafe mechanism'', in the case of a pipeline, means a
nonelectronic or mechanically based system that prevents the pipeline
from exceeding its maximum operating pressure in the event of a failure
of the primary or electronic system designed for such purpose.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquids.--Section 60125(a) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(6) $50,000,000 for fiscal year 2001, of which at least
$4,000,000 should be available only for research and
development of inspection devices and leak detection;
``(7) $62,000,000 for fiscal year 2002, of which at least
$5,000,000 should be available only for research and
development of inspection devices and leak detection;
``(8) $64,000,000 for fiscal year 2003, of which at least
$5,000,000 should be available only for research and
development of inspection devices and leak detection;
``(9) $66,000,000 for fiscal year 2004, of which at least
$6,000,000 should be available only for research and
development of inspection devices and leak detection; and
``(10) $68,000,000 for fiscal year 2005, of which at least
$6,000,000 should be available only for research and
development of inspection devices and leak detection.''.
(b) State Grants.--Section 60125(c)(1) is amended by adding at the
end the following new subparagraphs:
``(I) $31,000,000 for the fiscal year 2001;
``(J) $37,000,000 for the fiscal year 2002;
``(K) $38,000,000 for the fiscal year 2003;
``(L) $39,000,000 for the fiscal year 2004; and
``(M) $40,000,000 for the fiscal year 2005.''.
|
Provides that State pipeline safety agreements may permit the State authority to: (1) require inspections and tests of pipeline facilities in addition to Federal pipeline safety requirements, (2) enforce those Federal requirements. (3) require, by regulation, the owner or operator of a pipeline facility to certify to the State that its safety procedure and accident response plans comply with such Federal requirements. And (4) regulate activities related to the safety of pipeline facilities provided certain conditions are met. Requires the Secretary of Transportation to approve an agreement submitted by a State authority not later than 90 days after its submission. Prohibits the Secretary from approving an agreement that would unduly burden interstate commerce or if the State authority lacks the resources or expertise necessary to carry out the agreement. Authorizes the Secretary, subject to specified conditions, to end an agreement if it is found that the State authority has not complied with the agreement. Expresses the sense of Congress that the Secretary should aggressively pursue entry into pipeline safety agreements with States. Recognizes the State role in specified activities related to accident response and prevention. Directs the Secretary to include in Federal minimum safety standards for pipeline facilities a requirement that owners or operators of interstate pipeline facilities notify appropriate Federal, State, and local entities and individuals likely to be impacted by an accident of any inspection, testing, or rupture of a pipeline facility, or any release of a hazardous liquid or gas from such facility, including any related information. Directs the Secretary, not later than December 1, 2000, to set forth new Federal standards requiring the inspection of the internal and external condition of a pipeline facility at least once every five years. Requires the Secretary to notify those entities and individuals likely to be impacted by an accident involving an inspected pipeline facility of the results of such inspection. Revises Federal minimum safety standards for pipeline facilities to require pipeline operators to be: (1) tested for qualification to perform enumerated functions related to the installation, testing, and maintenance of a pipeline. And (2) certified as qualified by the Secretary of Transportation to perform such functions. Allows such standards to include a requirement that such individuals obtain additional education and training to qualify to perform such functions. Directs the Secretary to study and report to Congress on the inspection and placement of pipeline facilities. Authorizes appropriations for: (1) research and development of inspection devices and leak detection for pipeline facilities, and (2) State pipeline safety grants.
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Pipeline Safety Act of 2000
| 16,163
| 2,815
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<SECTION-HEADER> SHORT TITLE. REFERENCES IN ACT. Short Title. This Act may be cited as the "Pipeline Safety Act of 2000". References in Act. Except as specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as an amendment or repeal of a provision, the reference shall be deemed to be made to title 49, United States Code. <SECTION-HEADER> DEFINITIONS. Section 60101 is amended by striking "and" at the end of paragraph (24). By striking the period at the end of paragraph (25) and inserting ", and". And by adding at the end the following new paragraph: `release of a hazardous liquid or gas' means any spilling, leaking, emitting, discharging, dumping, disposing, or any other uncontrolled escape of a hazardous liquid or gas from a pipeline.". <SECTION-HEADER> EXPANDED STATE AUTHORITY. Additional Training and Education. Section 60102(a) is amended by adding at the end the following new paragraph: (A) A State may, by regulation, require individuals described in paragraph (1)(C) who operate a pipeline facility in such State to satisfy training and education requirements that are in addition to any qualifications required under that paragraph. Subject to subparagraph (C), the Secretary may determine that a regulation under subparagraph (A) unduly burdens interstate commerce or that a State lacks the resources or expertise necessary to carry out a regulation under that subparagraph. A State may not enforce a regulation covered by a determination under the preceding sentence. The Secretary may make a determination under subparagraph (B) only after notifying the State concerned in writing of the Secretary's objections to the regulation. After affording the State an opportunity to take action within a period of time specified by the Secretary to modify the regulation to take into account the objections specified under clause (i). And after a public hearing.". Use of Leak Detection Devices. Section 60102(j) is amended by adding at the end the following new paragraph: (A)(i) A State may, by regulation, require the use of equipment in such State to detect and locate pipeline releases of hazardous liquids or gases. A State may require equipment under clause (i) only if the Secretary has determined the equipment to be effective and useful for detecting releases of hazardous liquids or gases. Or the equipment is commonly used in the pipeline industry for detecting such releases. Subject to subparagraph (C), the Secretary may determine that a regulation under subparagraph (A) unduly burdens interstate commerce or that a State lacks the resources or expertise necessary to carry out a regulation under that subparagraph. A State may not enforce a regulation covered by a determination under the preceding sentence. The Secretary may make a determination under subparagraph (B) only after notifying the State concerned in writing of the Secretary's objections to the regulation. After affording the State an opportunity to take action within a period of time specified by the Secretary to modify the regulation to take into account the objections specified under clause (i). And after a public hearing.". Relation to Federal Preemption. The second sentence of section 60104(c) is amended by striking "A State" and inserting "Except as otherwise provided in sections 60102 and 60106, a State". State Pipeline Safety Agreements. In general. Section 60106 is amended in subsection (a) in the second sentence, by striking "agreement shall " and inserting "agreement ", in paragraph (1) by inserting "shall" before "establish", and by striking "and" at the end, in paragraph (2) by inserting "shall" before "prescribe". And by striking the period at the end and inserting ", and". And by adding at the end the following new paragraph: may permit the State authority to require inspections and tests of pipeline facilities that are in addition to Federal requirements under this chapter, enforce Federal minimum safety standards under this chapter. Require, by regulation, the owner or operator of a pipeline facility in the State to certify to the State that its safety procedure and accident response plans comply with the safety requirements prescribed under this chapter. And regulate activities related to the safety of pipeline facilities if such regulation would enhance the safety of those facilities. And would not include safety standards less stringent than are otherwise imposed under this chapter.". By redesignating subsections (b) through (d) as subsections (c) through (e), respectively. By inserting after subsection (a) the following new subsection (b): Approval of Agreements. (1) The Secretary shall approve an agreement submitted by a State authority under subsection (a) not later than 90 days after the date of its submittal under that subsection. The Secretary may not approve an agreement submitted under subsection (a) if the Secretary determines that the agreement would unduly burden interstate commerce or that the State authority lacks the resources or expertise necessary to carry out the agreement.". And by amending subsection (e), as so redesignated, to read as follows: Ending Agreements. (1) Subject to paragraphs (2) and (3), the Secretary may end an agreement under this section if the Secretary finds that the State authority concerned has not complied with the agreement. The Secretary may end an agreement under paragraph (1) only after notifying the State authority in writing of the finding of the Secretary under that paragraph. After affording the State authority an opportunity to take action with a period of time specified by the Secretary to comply with the agreement. And after a public hearing. The Secretary shall, after complying with paragraph (2), publish in the Federal Register a notice of a finding and decision under this subsection. The finding and decision shall not take effect until at least 15 days after the date of its publication under the preceding sentence.". Sense of congress. It is the sense of Congress that the Secretary of Transportation should aggressively pursue entry into pipeline safety agreements with States under section 60106 of title 49, United States Code, as amended by paragraph . State Pipeline Safety Grants. Paragraph (1) of section 60107(a) is amended to read as follows: to carry out a safety program under a certification under section 60105 or an agreement under section 60106, and to carry out any other any other authority permitted a State under this chapter. Or". State Role in Accident Response and Prevention. Congress recognizes that each State has a role in the determination of equipment needs for responses to accidents involving a pipeline facility. The development of training curriculum for police, fire, and emergency medical personnel within the State. The development of prevention planning and preparedness for spills within the State. And in areas where their partnership and their understanding of local conditions and circumstances would enhance safety. <SECTION-HEADER> PUBLIC RIGHT TO KNOW. Section 60102(c) is amended by adding at the end the following new paragraph: Public right to know. The Secretary shall include in the standards prescribed under subsection (a) a requirement that the owner or operator of each interstate pipeline facility notify the entities and individuals described in subparagraph (B) of any inspection or testing of a pipeline facility, any rupture in the pipeline facility, and any release of a hazardous liquid or gas described in subparagraph (C) from such facility and provide a summary of any data obtained from such inspection, testing, rupture, or release to those entities and individuals. The entities and individuals referred to in subparagraph (A) are appropriate Federal and State regulatory authorities. And municipalities, school districts, businesses, and residents likely to be impacted by an accident involving the pipeline facility that was inspected or tested or with respect to which a rupture of a pipeline facility or release of a hazardous liquid or gas was found. A release of a hazardous liquid or gas described in subparagraph (A) is a release involving any spill in excess of 40 liquid gallons. Or any spill of more than 30 days duration.". <SECTION-HEADER> NEW FEDERAL REQUIREMENTS. Section 60108(b) is amended in paragraph (1), by striking the second sentence. And by amending paragraph (2) to read as follows: (A) Not later than December 1, 2000, the Secretary shall require that inspections under paragraph (1) of the internal condition of a pipeline facility where the pipe is capable of accommodating internal inspection devices, shall occur at least once every 5 years. And effective with a determination by the Secretary that the appropriate technology for inspections is sufficiently reliable, inspections under paragraph (1) of the external condition of a pipeline facility shall occur at least once every 5 years. The Secretary shall notify the Federal and State authorities having responsibility for the regulation of the inspected pipeline facility and those municipalities, school districts, businesses, and residents reasonably likely to be impacted by an accident involving the inspected pipeline facility of the results of the inspections conducted under subparagraph (A). And make available to the public the information notified under clause (i). The Secretary shall take steps to remedy any problem in a pipeline facility and may require additional testing of the pipeline facility.". <SECTION-HEADER> ENHANCED QUALIFICATIONS OF PIPELINE OPERATORS. Section 60102(a)(1)(C) is amended to read as follows: shall include a requirement that all individuals responsible for the operation and maintenance of pipeline facilities be tested for qualification to perform such functions and certified as qualified by the Secretary to perform such functions, and may include a requirement that those individuals obtain additional education and training to qualify to perform such functions.". <SECTION-HEADER> STUDY AND REPORT. Study. The Secretary of Transportation shall conduct a study on the status of the reliability and accuracy of internal and external inspection devices for pipeline facilities. A determination of the optimal minimum burial depth of such pipeline facilities. The feasibility of requiring failsafe mechanisms that are nonelectronic and that do not rely on any human or administrative process, the effectiveness of current failsafe mechanisms. And the practicality of removing distinctions between natural gas and liquid pipelines and equalizing priorities between natural gas and liquid pipelines. Report. Not later than one year after the date of enactment of this Act, the Secretary of Transportation shall submit a report to Congress setting forth the results of the study conducted under subsection (a). Failsafe Mechanism Defined. For purposes of subsection (a), the term "failsafe mechanism", in the case of a pipeline, means a nonelectronic or mechanically based system that prevents the pipeline from exceeding its maximum operating pressure in the event of a failure of the primary or electronic system designed for such purpose. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. Gas and Hazardous Liquids. Section 60125(a) is amended by striking "and" at the end of paragraph (4). By striking the period at the end of paragraph (5) and inserting a semicolon. And by adding at the end the following new paragraphs: $50,000,000 for fiscal year 2001, of which at least $4,000,000 should be available only for research and development of inspection devices and leak detection. $62,000,000 for fiscal year 2002, of which at least $5,000,000 should be available only for research and development of inspection devices and leak detection. $64,000,000 for fiscal year 2003, of which at least $5,000,000 should be available only for research and development of inspection devices and leak detection. $66,000,000 for fiscal year 2004, of which at least $6,000,000 should be available only for research and development of inspection devices and leak detection. And $68,000,000 for fiscal year 2005, of which at least $6,000,000 should be available only for research and development of inspection devices and leak detection.". State Grants. Section 60125(c)(1) is amended by adding at the end the following new subparagraphs: $31,000,000 for the fiscal year 2001, $37,000,000 for the fiscal year 2002, $38,000,000 for the fiscal year 2003, $39,000,000 for the fiscal year 2004, and $40,000,000 for the fiscal year 2005.".
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Provides that State pipeline safety agreements may permit the State authority to: (1) require inspections and tests of pipeline facilities in addition to Federal pipeline safety requirements, (2) enforce those Federal requirements. (3) require, by regulation, the owner or operator of a pipeline facility to certify to the State that its safety procedure and accident response plans comply with such Federal requirements. And (4) regulate activities related to the safety of pipeline facilities provided certain conditions are met. Requires the Secretary of Transportation to approve an agreement submitted by a State authority not later than 90 days after its submission. Prohibits the Secretary from approving an agreement that would unduly burden interstate commerce or if the State authority lacks the resources or expertise necessary to carry out the agreement. Authorizes the Secretary, subject to specified conditions, to end an agreement if it is found that the State authority has not complied with the agreement. Expresses the sense of Congress that the Secretary should aggressively pursue entry into pipeline safety agreements with States. Recognizes the State role in specified activities related to accident response and prevention. Directs the Secretary to include in Federal minimum safety standards for pipeline facilities a requirement that owners or operators of interstate pipeline facilities notify appropriate Federal, State, and local entities and individuals likely to be impacted by an accident of any inspection, testing, or rupture of a pipeline facility, or any release of a hazardous liquid or gas from such facility, including any related information. Directs the Secretary, not later than December 1, 2000, to set forth new Federal standards requiring the inspection of the internal and external condition of a pipeline facility at least once every five years. Requires the Secretary to notify those entities and individuals likely to be impacted by an accident involving an inspected pipeline facility of the results of such inspection. Revises Federal minimum safety standards for pipeline facilities to require pipeline operators to be: (1) tested for qualification to perform enumerated functions related to the installation, testing, and maintenance of a pipeline. And (2) certified as qualified by the Secretary of Transportation to perform such functions. Allows such standards to include a requirement that such individuals obtain additional education and training to qualify to perform such functions. Directs the Secretary to study and report to Congress on the inspection and placement of pipeline facilities. Authorizes appropriations for: (1) research and development of inspection devices and leak detection for pipeline facilities, and (2) State pipeline safety grants.
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Pipeline Safety Act of 2000
|
107_s1061
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fern Lake Conservation and
Recreation Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Fern Lake and its surrounding watershed in Bell County,
Kentucky, and Claiborne County, Tennessee, is within the
potential boundaries of Cumberland Gap National Historical Park
as originally authorized by the Act of June 11, 1940 (54 Stat
262; 16 U.S.C. 261 et seq.).
(2) The acquisition of Fern Lake and its surrounding
watershed and its inclusion in Cumberland Gap National
Historical Park would protect the vista from Pinnacle Overlook,
which is one of the park's most valuable scenic resources and
most popular attractions, and enhance recreational
opportunities at the park.
(3) Fern Lake is the water supply source for the City of
Middlesboro, Kentucky, and environs.
(4) The 4,500-acre Fern Lake watershed is privately owned,
and the 150-acre lake and part of the watershed are currently
for sale, but the Secretary of the Interior is precluded by the
first section of the Act of June 11, 1940 (16 U.S.C. 261), from
using appropriated funds to acquire the lands.
(b) Purposes.--The purposes of the Act are--
(1) to authorize the Secretary of the Interior to use
appropriated funds if necessary, in addition to other
acquisition methods, to acquire from willing sellers Fern Lake
and its surrounding watershed in order to protect scenic and
natural resources and enhance recreational opportunities at
Cumberland Gap National Historical Park; and
(2) to allow the continued supply of safe, clean, drinking
water from Fern Lake to the City of Middlesboro, Kentucky, and
environs.
SEC. 3. LAND ACQUISITION, FERN LAKE, CUMBERLAND GAP NATIONAL HISTORICAL
PARK.
(a) Definitions.--In this section:
(1) Fern lake.--The term ``Fern Lake'' means Fern Lake
located in Bell County, Kentucky, and Claiborne County,
Tennessee.
(2) Land.--The term ``land'' means land, water, interests
in land, and any improvements on the land.
(3) Park.--The term ``park'' means Cumberland Gap National
Historical Park, as authorized and established by the Act of
June 11, 1940 (54 Stat 262; 16 U.S.C. 261 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Acquisition Authorized.--The Secretary may acquire for addition
to the park lands consisting of approximately 4,500 acres and
containing Fern Lake and its surrounding watershed, as generally
depicted on the map entitled ``Fern Lake Watershed Boundary Addition,
Cumberland Gap National Historical Park'', numbered 380/80,004, and
dated May 2001. The map shall be on file in the appropriate offices of
the National Park Service.
(c) Authorized Acquisition Methods.--
(1) In general.--Notwithstanding the Act of June 11, 1940
(16 U.S.C. 261 et seq.), the Secretary may acquire lands
described in subsection (b) by donation, purchase with donated
or appropriated funds, or exchange. However, the lands may be
acquired only with the consent of the owner.
(2) Easements.--At the discretion of the Secretary, the
Secretary may acquire land described in subsection (b) that is
subject to an easement for the continued operation of providing
the water supply for the City of Middlesboro, Kentucky, and
environs.
(d) Boundary Adjustment and Administration.--Upon the acquisition
of land under this section, the Secretary shall revise the boundaries
of the park to include the land in the park. Subject to subsection (e),
the Secretary shall administer the acquired lands as part of the park
in accordance with the laws and regulations applicable to the park.
(e) Special Issues Related to Fern Lake.--
(1) Protection of water quality.--The Secretary shall
manage public recreational use of Fern Lake, if acquired by the
Secretary, in a manner that is consistent with the protection
of the lake as a source of safe, clean, drinking water.
(2) Sale of water.--In the event the Secretary's
acquisition of land includes the water supply of Fern Lake, the
Secretary may enter into contracts to facilitate the sale and
distribution of water from the lake for the municipal water
supply for the City of Middlesboro, Kentucky, and environs. The
Secretary shall ensure that the terms and conditions of any
such contract is consistent with National Park Service policies
for the protection of park resources. Proceeds from the sale of
the water shall be available for expenditure by the Secretary
at the park without further appropriation.
(3) Consultation requirements.--In order to better manage
Fern Lake and its surrounding watershed, if acquired by the
Secretary, in a manner that will facilitate the provision of
water for municipal needs as well as the establishment and
promotion of new recreational opportunities made possible by
the addition of Fern Lake to the park, the Secretary shall
consult with--
(A) appropriate officials in the States of
Kentucky, Tennessee, and Virginia and political
subdivisions of these States;
(B) organizations involved in promoting tourism in
these States; and
(C) other interested parties.
|
Fern Lake Conservation and Recreation Act of 2001 - Authorizes the Secretary of the Interior, acting through the National Park Service, to acquire by donation, purchase, or exchange specified lands which contain Fern Lake and its surrounding watershed located in Bell County, Kentucky, and Claiborne County, Tennessee. Authorizes the Secretary to acquire any such land subject to an easement for the continued operation of providing the water supply for Middlesboro, Kentucky, and environs. Directs the Secretary to revise the boundaries of the Cumberland Gap National Historical Park to include such acquired land. Specifies provisions relating to: (1) the protection of the water quality of Fern Lake. And (2) contracts to facilitate the sale and distribution of water from the Lake for the municipal water supply for Middlesboro, Kentucky, and environs.
|
A bill to authorize the Secretary of the Interior to acquire Fern Lake and the surrounding watershed in the States of Kentucky and Tennessee for addition to Cumberland Gap National Historic Park, and for other purposes.
| 5,974
| 856
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Fern Lake Conservation and Recreation Act of 2001". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. The Congress finds the following: Fern Lake and its surrounding watershed in Bell County, Kentucky, and Claiborne County, Tennessee, is within the potential boundaries of Cumberland Gap National Historical Park as originally authorized by the Act of June 11, 1940 . The acquisition of Fern Lake and its surrounding watershed and its inclusion in Cumberland Gap National Historical Park would protect the vista from Pinnacle Overlook, which is one of the park's most valuable scenic resources and most popular attractions, and enhance recreational opportunities at the park. Fern Lake is the water supply source for the City of Middlesboro, Kentucky, and environs. The 4,500-acre Fern Lake watershed is privately owned, and the 150-acre lake and part of the watershed are currently for sale, but the Secretary of the Interior is precluded by the first section of the Act of June 11, 1940 , from using appropriated funds to acquire the lands. Purposes. The purposes of the Act are to authorize the Secretary of the Interior to use appropriated funds if necessary, in addition to other acquisition methods, to acquire from willing sellers Fern Lake and its surrounding watershed in order to protect scenic and natural resources and enhance recreational opportunities at Cumberland Gap National Historical Park. And to allow the continued supply of safe, clean, drinking water from Fern Lake to the City of Middlesboro, Kentucky, and environs. <SECTION-HEADER> LAND ACQUISITION, FERN LAKE, CUMBERLAND GAP NATIONAL HISTORICAL PARK. Definitions. In this section: Fern lake. The term "Fern Lake" means Fern Lake located in Bell County, Kentucky, and Claiborne County, Tennessee. Land. The term "land" means land, water, interests in land, and any improvements on the land. Park. The term "park" means Cumberland Gap National Historical Park, as authorized and established by the Act of June 11, 1940 . Secretary. The term "Secretary" means the Secretary of the Interior, acting through the Director of the National Park Service. Acquisition Authorized. The Secretary may acquire for addition to the park lands consisting of approximately 4,500 acres and containing Fern Lake and its surrounding watershed, as generally depicted on the map entitled "Fern Lake Watershed Boundary Addition, Cumberland Gap National Historical Park", numbered 38080,004, and dated May 2001. The map shall be on file in the appropriate offices of the National Park Service. Authorized Acquisition Methods. In general. Notwithstanding the Act of June 11, 1940 , the Secretary may acquire lands described in subsection (b) by donation, purchase with donated or appropriated funds, or exchange. However, the lands may be acquired only with the consent of the owner. Easements. At the discretion of the Secretary, the Secretary may acquire land described in subsection (b) that is subject to an easement for the continued operation of providing the water supply for the City of Middlesboro, Kentucky, and environs. Boundary Adjustment and Administration. Upon the acquisition of land under this section, the Secretary shall revise the boundaries of the park to include the land in the park. Subject to subsection (e), the Secretary shall administer the acquired lands as part of the park in accordance with the laws and regulations applicable to the park. Special Issues Related to Fern Lake. Protection of water quality. The Secretary shall manage public recreational use of Fern Lake, if acquired by the Secretary, in a manner that is consistent with the protection of the lake as a source of safe, clean, drinking water. Sale of water. In the event the Secretary's acquisition of land includes the water supply of Fern Lake, the Secretary may enter into contracts to facilitate the sale and distribution of water from the lake for the municipal water supply for the City of Middlesboro, Kentucky, and environs. The Secretary shall ensure that the terms and conditions of any such contract is consistent with National Park Service policies for the protection of park resources. Proceeds from the sale of the water shall be available for expenditure by the Secretary at the park without further appropriation. Consultation requirements. In order to better manage Fern Lake and its surrounding watershed, if acquired by the Secretary, in a manner that will facilitate the provision of water for municipal needs as well as the establishment and promotion of new recreational opportunities made possible by the addition of Fern Lake to the park, the Secretary shall consult with appropriate officials in the States of Kentucky, Tennessee, and Virginia and political subdivisions of these States, organizations involved in promoting tourism in these States, and other interested parties.
|
Fern Lake Conservation and Recreation Act of 2001 - Authorizes the Secretary of the Interior, acting through the National Park Service, to acquire by donation, purchase, or exchange specified lands which contain Fern Lake and its surrounding watershed located in Bell County, Kentucky, and Claiborne County, Tennessee. Authorizes the Secretary to acquire any such land subject to an easement for the continued operation of providing the water supply for Middlesboro, Kentucky, and environs. Directs the Secretary to revise the boundaries of the Cumberland Gap National Historical Park to include such acquired land. Specifies provisions relating to: (1) the protection of the water quality of Fern Lake. And (2) contracts to facilitate the sale and distribution of water from the Lake for the municipal water supply for Middlesboro, Kentucky, and environs.
|
A bill to authorize the Secretary of the Interior to acquire Fern Lake and the surrounding watershed in the States of Kentucky and Tennessee for addition to Cumberland Gap National Historic Park, and for other purposes.
|
104_hr3669
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Infrastructure Safety and
Congestion Relief Act of 1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) although the United States Customs Service has
collected increased duties, merchandise fees, and revenues from
other commerce-related activities because of the approval and
implementation of the North American Free Trade Agreement,
these increased revenues have not been accompanied by Federal
funding for improving transportation facilities along the
international borders of the United States to ensure the free
and safe flow of trade destined for all States and regions of
the United States;
(2) because of NAFTA, all 4 States along the United States-
Mexico border will require significant investments in highway
infrastructure capacity and motor carrier safety enforcement at
a time when border States face extreme difficulty in meeting
current highway funding needs;
(3) the full benefits of increased international trade can
be realized only if delays at the borders are significantly
reduced; and
(4) the increased revenues to the general fund of the
Treasury described in paragraph (1) should be sufficient to
provide Federal funding for transportation improvements
required to accommodate NAFTA-generated traffic, in an amount
above and beyond regular Federal transportation funding
apportionments.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Border region.--The term ``border region'' means the
region located within 60 miles of the United States border with
Mexico.
(2) Border state.--The term ``border State'' means
California, Arizona, New Mexico, and Texas.
(3) Fund.--The term ``Fund'' means the Border
Transportation Infrastructure Fund established under section
4(g).
(4) NAFTA.--The term ``NAFTA'' means the North American
Free Trade Agreement.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 4. DIRECT FEDERAL ASSISTANCE FOR BORDER CONSTRUCTION AND
CONGESTION RELIEF.
(a) In General.--Using amounts in the Fund, the Secretary shall
make grants under this section to border States that submit an
application that demonstrates need, due to increased traffic resulting
from the implementation of NAFTA, for assistance in carrying out
transportation projects that are necessary to relieve traffic
congestion or improve enforcement of motor carrier safety laws.
(b) Grants for Connectors to Federal Border Crossing Facilities.--
The Secretary shall make grants to border States for the purposes of
connecting, through construction or reconstruction, the National
Highway System designated under section 103(b) of title 23, United
States Code, with Federal border crossing facilities located in the
United States in the border region.
(c) Grants for Weigh-in-Motion Devices in Mexico.--The Secretary
shall make grants to assist border States in the purchase,
installation, and maintenance of weigh-in-motion devices and associated
electronic equipment that are to be located in Mexico if real time data
from the devices is provided to the nearest United States port of entry
and to State commercial vehicle enforcement facilities that serve the
port of entry.
(d) Grants for Commercial Vehicle Enforcement Facilities.--The
Secretary shall make grants to border States to construct, operate, and
maintain commercial vehicle enforcement facilities located in the
border region.
(e) Limitations on Expenditures of Funds.--
(1) Cost sharing.--A grant under this section shall be used
to pay the Federal share of the cost of a project. The Federal
share shall be 80 percent.
(2) Allocation among states.--
(A) In general.--For each fiscal year, the
Secretary shall allocate amounts remaining in the Fund,
after any transfers under section 5, among border
States in accordance with an equitable formula
established by the Secretary in accordance with
subparagraphs (B) and (C).
(B) Considerations.--Subject to subparagraph (C),
in establishing the formula, the Secretary shall
consider--
(i) the annual volume of international
commercial vehicle traffic at the ports of
entry of each border State as compared to the
annual volume of international commercial
vehicle traffic at the ports of entry of all
border States, based on the data provided in
the most recent report submitted under section
8;
(ii) the percentage by which international
commercial vehicle traffic in each border State
has grown during the period beginning on the
date of the enactment of the North American
Free Trade Agreement Implementation Act (Public
Law 103-182) as compared to that percentage for
each other border State; and
(iii) the extent of border transportation
improvements carried out by each border State
during the period beginning on the date of the
enactment of the North American Free Trade
Agreement Implementation Act (Public Law 103-
182).
(C) Minimum allocation.--Each border State shall
receive not less than 5 percent of the amounts made
available to carry out this section during the period
of authorization under subsection (i).
(f) Eligibility for Reimbursement for Previously Commenced
Projects.--The Secretary shall make a grant under this section to a
border State that reimburses the border State for a project for which
construction commenced after January 1, 1994, if the project is
otherwise eligible for assistance under this section.
(g) Border Transportation Infrastructure Fund.--
(1) Establishment.--There is established in the Treasury of
the United States the Border Transportation Infrastructure Fund
to be used in carrying out this section, consisting of such
amounts as are appropriated to the Fund under subsection (i).
(2) Expenditures from fund.--
(A) In general.--Subject to subparagraph (B), upon
request by the Secretary, the Secretary of the Treasury
shall transfer from the Fund to the Secretary of
Transportation such amounts as the Secretary of
Transportation determines are necessary to make grants
under this section and transfers under section 5.
(B) Administrative expenses.--An amount not
exceeding 1 percent of the amounts in the Fund shall be
available for each fiscal year to pay the
administrative expenses necessary to carry out this
section.
(h) Applicability of Title 23.--Title 23, United States Code, shall
apply to grants made under this section.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund to carry out this section and section 5
$125,000,000 for each of fiscal years 1998 through 2001. The
appropriated amounts shall remain available for obligation until the
end of the third fiscal year following the fiscal year for which the
amounts are appropriated.
SEC. 5. CONSTRUCTION OF TRANSPORTATION INFRASTRUCTURE FOR LAW
ENFORCEMENT PURPOSES.
At the request of the Attorney General, the Secretary may transfer
up to $10,000,000 of the amounts from the Fund for fiscal years 1998
through 2001 to the Attorney General for the construction of
transportation infrastructure necessary for law enforcement in border
States.
SEC. 6. BORDER INFRASTRUCTURE INNOVATIVE FINANCING.
(a) Purposes.--The purposes of this section are--
(1) to encourage the establishment and operation of State
infrastructure banks in accordance with section 350 of the
National Highway System Designation Act of 1995 (109 Stat. 618;
23 U.S.C. 101 note); and
(2) to advance transportation infrastructure projects
supporting international trade and commerce.
(b) Federal Line of Credit.--Section 350 of the National Highway
System Designation Act of 1995 (109 Stat. 618; 23 U.S.C. 101 note) is
amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) Federal Line of Credit.--
``(1) In general.--There is authorized to be appropriated
from the general fund of the Treasury $100,000,000 to be used
by the Secretary to enter into agreements to make lines of
credit available to--
``(A) border States that have established
infrastructure banks under this section; and
``(B) the State of New Mexico which has established
a border authority that has bonding capacity.
``(2) Amount.--The line of credit available to each
participating border State shall be equal to the product of--
``(A) the amount appropriated under paragraph (1);
and
``(B) the quotient obtained by dividing--
``(i) the contributions of the State to the
Highway Trust Fund during the latest fiscal
year for which data are available; by
``(ii) the total contributions of all
participating border States to the Highway
Trust Fund during that fiscal year.
``(3) Use of line of credit.--The line of credit under this
subsection shall be available to provide Federal support in
accordance with this subsection for funding agreements with--
``(A) a State infrastructure bank engaged in
providing credit enhancement to creditworthy eligible
public and private multimodal projects that support
international trade and commerce in the border region;
and
``(B) the New Mexico Border Authority;
(each referred to in this subsection as a `border
infrastructure bank').
``(4) Limitations.--
``(A) In general.--A line of credit under this
subsection may be drawn on only--
``(i) with respect to a completed project
described in paragraph (3) that is receiving
credit enhancement through a border
infrastructure bank;
``(ii) when the cash balance available in
the border infrastructure bank is insufficient
to pay a claim for payment relating to the
project; and
``(iii) when all subsequent revenues of the
project have been pledged to the border
infrastructure bank.
``(B) Third party creditor rights.--No third party
creditor of a public or private entity carrying out a
project eligible for assistance from a border
infrastructure bank shall have any right against the
Federal Government with respect to a line of credit
under this subsection, including any guarantee that the
proceeds of a line of credit will be available for the
payment of any particular cost of the public or private
entity that may be financed under this subsection.
``(5) Interest rate and repayment period.--Any draw on a
line of credit under this subsection shall--
``(A) accrue, beginning on the date the draw is
made, interest at a rate equal to the current (as of
the date the draw is made) market yield on outstanding,
marketable obligations of the United States with
maturities of 30 years; and
``(B) shall be repaid within a period of not more
than 30 years.
``(6) Relationship to state apportionment.--Funds made
available to States to carry out this subsection shall be in
addition to funds apportioned to States under section 104 of
title 23, United States Code.
``(7) Definitions.--In this subsection, terms `border
State' and `border region' have the meaning such terms have
under section 3 of the Border Infrastructure Safety and
Congestion Relief Act of 1996.''.
SEC. 7. RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM.
(a) Purpose.--The purpose of this section is to provide assistance
for freight rail projects in border States that benefit international
trade and relieve highways of increased traffic resulting from NAFTA.
(b) Issuance of Obligations.--The Secretary shall issue to the
Secretary of the Treasury notes or other obligations pursuant to
section 512 of the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 832), in such amounts, and at such times, as may be
necessary to--
(1) pay any amounts required pursuant to the guarantee of
the principal amount of an obligation under section 511 of such
Act (45 U.S.C. 831) for any eligible freight rail project
described in subsection (c) during the period that the
guaranteed obligation is outstanding; and
(2) during the period referred to in paragraph (1), meet
the applicable requirements of this section and sections 511
and 513 of such Act (45 U.S.C. 832 and 833).
(c) Eligibility.--Assistance provided under this section shall be
limited to those freight rail projects located in the United States
that provide intermodal connections that enhance cross-border traffic
in the border region.
(d) Limitation.--Notwithstanding any other provision of law, the
aggregate unpaid principal amounts of obligations that may be
guaranteed by the Secretary under this section may not exceed
$100,000,000 during any of fiscal years 1998 through 2001.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to make loan guarantees under this section $10,000,000 for
each of fiscal years 1998 through 2001.
SEC. 8. REPORT.
(a) In General.--The Secretary shall annually submit to Congress
and the Governor of each border State a report concerning--
(1) the volume and nature of international commercial
vehicle traffic crossing the border between the United States
and Mexico; and
(2)(A) the number of international commercial vehicle
inspections conducted by each border State at each United
States port of entry; and
(B) the rate of out-of-service violations of international
commercial vehicles found through the inspections.
(b) Information Provided by United States Customs Service.--For the
purpose of preparing each report under subsection (a)(1), the
Commissioner of Customs shall provide to the Secretary such information
described in subsection (a)(1) as the Commissioner has available.
|
Border Infrastructure Safety and Congestion Relief Act of 1996 - Authorizes the Secretary of Transportation to make grants to border States for certain transportation projects necessary to: (1) relieve congestion due to increased traffic resulting from implementation of the North American Free Trade Agreement (NAFTA). Or (2) improve enforcement of motor carrier safety laws. Limits the Federal share of the costs of such projects to 80 percent. Establishes the Border Transportation Infrastructure Fund. Authorizes appropriations. Authorizes the Secretary, at the Attorney General's request, to transfer up to $10 million of amounts from the Fund to the Attorney General for construction of transportation infrastructure necessary for law enforcement in border States. Amends the National Highway System Designation Act of 1995 to authorize appropriations and enter into agreements to make lines of credit available to: (1) border States that have established infrastructure banks to advance transportation infrastructure projects supporting international trade and commerce in the region. And (2) the New Mexico Border Authority. Authorizes appropriations to provide assistance for freight rail projects in border States that benefit international trade and relieve highways of increased traffic resulting from NAFTA.
|
Border Infrastructure Safety and Congestion Relief Act of 1996
| 16,323
| 1,320
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Border Infrastructure Safety and Congestion Relief Act of 1996". <SECTION-HEADER> FINDINGS. Congress finds that although the United States Customs Service has collected increased duties, merchandise fees, and revenues from other commerce-related activities because of the approval and implementation of the North American Free Trade Agreement, these increased revenues have not been accompanied by Federal funding for improving transportation facilities along the international borders of the United States to ensure the free and safe flow of trade destined for all States and regions of the United States. Because of NAFTA, all 4 States along the United States- Mexico border will require significant investments in highway infrastructure capacity and motor carrier safety enforcement at a time when border States face extreme difficulty in meeting current highway funding needs. The full benefits of increased international trade can be realized only if delays at the borders are significantly reduced. And the increased revenues to the general fund of the Treasury described in paragraph (1) should be sufficient to provide Federal funding for transportation improvements required to accommodate NAFTA-generated traffic, in an amount above and beyond regular Federal transportation funding apportionments. <SECTION-HEADER> DEFINITIONS. In this Act, the following definitions apply: Border region. The term "border region" means the region located within 60 miles of the United States border with Mexico. Border state. The term "border State" means California, Arizona, New Mexico, and Texas. Fund. The term "Fund" means the Border Transportation Infrastructure Fund established under section 4(g). NAFTA. The term "NAFTA" means the North American Free Trade Agreement. Secretary. The term "Secretary" means the Secretary of Transportation. <SECTION-HEADER> DIRECT FEDERAL ASSISTANCE FOR BORDER CONSTRUCTION AND CONGESTION RELIEF. In General. Using amounts in the Fund, the Secretary shall make grants under this section to border States that submit an application that demonstrates need, due to increased traffic resulting from the implementation of NAFTA, for assistance in carrying out transportation projects that are necessary to relieve traffic congestion or improve enforcement of motor carrier safety laws. Grants for Connectors to Federal Border Crossing Facilities. The Secretary shall make grants to border States for the purposes of connecting, through construction or reconstruction, the National Highway System designated under section 103(b) of title 23, United States Code, with Federal border crossing facilities located in the United States in the border region. Grants for Weigh-in-Motion Devices in Mexico. The Secretary shall make grants to assist border States in the purchase, installation, and maintenance of weigh-in-motion devices and associated electronic equipment that are to be located in Mexico if real time data from the devices is provided to the nearest United States port of entry and to State commercial vehicle enforcement facilities that serve the port of entry. Grants for Commercial Vehicle Enforcement Facilities. The Secretary shall make grants to border States to construct, operate, and maintain commercial vehicle enforcement facilities located in the border region. Limitations on Expenditures of Funds. Cost sharing. A grant under this section shall be used to pay the Federal share of the cost of a project. The Federal share shall be 80 percent. Allocation among states. In general. For each fiscal year, the Secretary shall allocate amounts remaining in the Fund, after any transfers under section 5, among border States in accordance with an equitable formula established by the Secretary in accordance with subparagraphs (B) and (C). Considerations. Subject to subparagraph (C), in establishing the formula, the Secretary shall consider the annual volume of international commercial vehicle traffic at the ports of entry of each border State as compared to the annual volume of international commercial vehicle traffic at the ports of entry of all border States, based on the data provided in the most recent report submitted under section 8. The percentage by which international commercial vehicle traffic in each border State has grown during the period beginning on the date of the enactment of the North American Free Trade Agreement Implementation Act as compared to that percentage for each other border State. And the extent of border transportation improvements carried out by each border State during the period beginning on the date of the enactment of the North American Free Trade Agreement Implementation Act . Minimum allocation. Each border State shall receive not less than 5 percent of the amounts made available to carry out this section during the period of authorization under subsection (i). Eligibility for Reimbursement for Previously Commenced Projects. The Secretary shall make a grant under this section to a border State that reimburses the border State for a project for which construction commenced after January 1, 1994, if the project is otherwise eligible for assistance under this section. Border Transportation Infrastructure Fund. Establishment. There is established in the Treasury of the United States the Border Transportation Infrastructure Fund to be used in carrying out this section, consisting of such amounts as are appropriated to the Fund under subsection (i). Expenditures from fund. In general. Subject to subparagraph (B), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary of Transportation such amounts as the Secretary of Transportation determines are necessary to make grants under this section and transfers under section 5. Administrative expenses. An amount not exceeding 1 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this section. Applicability of Title 23. Title 23, United States Code, shall apply to grants made under this section. Authorization of Appropriations. There are authorized to be appropriated to the Fund to carry out this section and section 5 $125,000,000 for each of fiscal years 1998 through 2001. The appropriated amounts shall remain available for obligation until the end of the third fiscal year following the fiscal year for which the amounts are appropriated. <SECTION-HEADER> CONSTRUCTION OF TRANSPORTATION INFRASTRUCTURE FOR LAW ENFORCEMENT PURPOSES. At the request of the Attorney General, the Secretary may transfer up to $10,000,000 of the amounts from the Fund for fiscal years 1998 through 2001 to the Attorney General for the construction of transportation infrastructure necessary for law enforcement in border States. <SECTION-HEADER> BORDER INFRASTRUCTURE INNOVATIVE FINANCING. Purposes. The purposes of this section are to encourage the establishment and operation of State infrastructure banks in accordance with section 350 of the National Highway System Designation Act of 1995. And to advance transportation infrastructure projects supporting international trade and commerce. Federal Line of Credit. Section 350 of the National Highway System Designation Act of 1995 is amended by redesignating subsection (l) as subsection (m). And by inserting after subsection (k) the following: Federal Line of Credit. In general. There is authorized to be appropriated from the general fund of the Treasury $100,000,000 to be used by the Secretary to enter into agreements to make lines of credit available to border States that have established infrastructure banks under this section. And the State of New Mexico which has established a border authority that has bonding capacity. Amount. The line of credit available to each participating border State shall be equal to the product of the amount appropriated under paragraph (1). And the quotient obtained by dividing the contributions of the State to the Highway Trust Fund during the latest fiscal year for which data are available. By the total contributions of all participating border States to the Highway Trust Fund during that fiscal year. Use of line of credit. The line of credit under this subsection shall be available to provide Federal support in accordance with this subsection for funding agreements with a State infrastructure bank engaged in providing credit enhancement to creditworthy eligible public and private multimodal projects that support international trade and commerce in the border region, and the New Mexico Border Authority. . Limitations. In general. A line of credit under this subsection may be drawn on only with respect to a completed project described in paragraph (3) that is receiving credit enhancement through a border infrastructure bank. When the cash balance available in the border infrastructure bank is insufficient to pay a claim for payment relating to the project. And when all subsequent revenues of the project have been pledged to the border infrastructure bank. Third party creditor rights. No third party creditor of a public or private entity carrying out a project eligible for assistance from a border infrastructure bank shall have any right against the Federal Government with respect to a line of credit under this subsection, including any guarantee that the proceeds of a line of credit will be available for the payment of any particular cost of the public or private entity that may be financed under this subsection. Interest rate and repayment period. Any draw on a line of credit under this subsection shall accrue, beginning on the date the draw is made, interest at a rate equal to the current market yield on outstanding, marketable obligations of the United States with maturities of 30 years. And shall be repaid within a period of not more than 30 years. Relationship to state apportionment. Funds made available to States to carry out this subsection shall be in addition to funds apportioned to States under section 104 of title 23, United States Code. Definitions. In this subsection, terms `border State' and `border region' have the meaning such terms have under section 3 of the Border Infrastructure Safety and Congestion Relief Act of 1996.". <SECTION-HEADER> RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM. Purpose. The purpose of this section is to provide assistance for freight rail projects in border States that benefit international trade and relieve highways of increased traffic resulting from NAFTA. Issuance of Obligations. The Secretary shall issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 , in such amounts, and at such times, as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of an obligation under section 511 of such Act for any eligible freight rail project described in subsection (c) during the period that the guaranteed obligation is outstanding. And during the period referred to in paragraph (1), meet the applicable requirements of this section and sections 511 and 513 of such Act . Eligibility. Assistance provided under this section shall be limited to those freight rail projects located in the United States that provide intermodal connections that enhance cross-border traffic in the border region. Limitation. Notwithstanding any other provision of law, the aggregate unpaid principal amounts of obligations that may be guaranteed by the Secretary under this section may not exceed $100,000,000 during any of fiscal years 1998 through 2001. Authorization of Appropriations. There are authorized to be appropriated to make loan guarantees under this section $10,000,000 for each of fiscal years 1998 through 2001. <SECTION-HEADER> REPORT. In General. The Secretary shall annually submit to Congress and the Governor of each border State a report concerning the volume and nature of international commercial vehicle traffic crossing the border between the United States and Mexico. And (A) the number of international commercial vehicle inspections conducted by each border State at each United States port of entry. And the rate of out-of-service violations of international commercial vehicles found through the inspections. Information Provided by United States Customs Service. For the purpose of preparing each report under subsection (a)(1), the Commissioner of Customs shall provide to the Secretary such information described in subsection (a)(1) as the Commissioner has available.
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Border Infrastructure Safety and Congestion Relief Act of 1996 - Authorizes the Secretary of Transportation to make grants to border States for certain transportation projects necessary to: (1) relieve congestion due to increased traffic resulting from implementation of the North American Free Trade Agreement (NAFTA). Or (2) improve enforcement of motor carrier safety laws. Limits the Federal share of the costs of such projects to 80 percent. Establishes the Border Transportation Infrastructure Fund. Authorizes appropriations. Authorizes the Secretary, at the Attorney General's request, to transfer up to $10 million of amounts from the Fund to the Attorney General for construction of transportation infrastructure necessary for law enforcement in border States. Amends the National Highway System Designation Act of 1995 to authorize appropriations and enter into agreements to make lines of credit available to: (1) border States that have established infrastructure banks to advance transportation infrastructure projects supporting international trade and commerce in the region. And (2) the New Mexico Border Authority. Authorizes appropriations to provide assistance for freight rail projects in border States that benefit international trade and relieve highways of increased traffic resulting from NAFTA.
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Border Infrastructure Safety and Congestion Relief Act of 1996
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112_s528
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Teen and Novice Driver Uniform
Protection Act of 2011'' or the ``STANDUP Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The National Highway Traffic Safety Administration has
reported that--
(A) motor vehicle crashes are the leading cause of
death of Americans between 15 and 20 years of age;
(B) between 1999 and 2009, more than 90,000
Americans were killed in motor vehicle crashes
involving drivers between 15 and 20 years of age, an
average of 155 deaths per week;
(C) drivers between 16 and 20 years of age have a
fatality rate that is 4 times higher than the rate for
drivers between 25 and 70 years of age; and
(D) teenage drivers who are 16 years of age have a
motor vehicle crash rate that is almost 10 times higher
than the crash rate for drivers between 30 and 60 years
of age.
(2) The National Transportation Safety Board found that
during the most recent 10-year period--
(A) teen drivers comprised less than 7 percent of
the driving population and accounted for more than 13
percent of drivers involved in all deadly crashes; and
(B) more than 20 percent of all highway fatalities
occurred in crashes that involved teen drivers.
(3) Analysis by the Children's Hospital of Philadelphia
Research Institute shows that--
(A) teenage drivers comprise approximately 40
percent of the fatalities in motor vehicle crashes in
which they are involved; and
(B) the other 60 percent of the fatalities in those
crashes are--
(i) passengers who were riding in the
vehicle with the teen driver;
(ii) drivers and passengers in other
vehicles involved in a crash with the teen
driver's vehicle; and
(iii) pedestrians.
(4) According to the Insurance Institute for Highway
Safety--
(A) the chance that a vehicle driven by a 16- or
17-year-old will be involved in an accident--
(i) doubles when there are 2 other teens in
the vehicle; and
(ii) quadruples when there are 4 teens in
the vehicle;
(B) States with strong nighttime driving
restrictions experience lower fatal crash rates among
drivers ages 15 to 17 years old; and
(C) a higher age requirement for licensing teen
drivers is correlated with a lower number of fatal
crashes per capita.
(5) The National Highway Traffic Safety Administration has
found that distraction caused by cellular phones is significant
enough to degrade driver performance, and is particularly
dangerous for inexperienced drivers between 15 and 20 years of
age.
(6) That National Transportation Safety Board has found
that although only 20 percent of driving by teenage drivers
occurs at night, more than 50 percent of the motor vehicle
crash fatalities involving teenage drivers occur at night.
(7) According to a 2007 report from the Texas
Transportation Institute at Texas A&M University--
(A) teenage drivers in rural areas are less likely
to be aware of the risks and dangers associated with
driving, placing them at higher risk of involvement in
crashes;
(B) teen drivers are more likely than other
drivers--
(i) to drive with other teenage passengers;
(ii) to drive late at night;
(iii) to exceed the speed limit;
(iv) to use cell phones while driving; and
(v) to fail to use seat belts while
driving.
(8) The National Highway Traffic Safety Administration
reports that although 23 percent of the population of the
United States lives in rural areas, 57 percent of all traffic
fatalities occur on rural roads, underscoring the elevated
crash risk for teen drivers in rural areas.
(9) The American Academy of Pediatrics has found evidence
that the area of the brain responsible for planning, impulse
control, and executive decisionmaking does not fully mature
until a person is between 20 and 25 years of age, placing teen
drivers at greater risk of being involved in an accident.
(10) The Journal of the American Medical Association
reports that after Michigan and North Carolina adopted
comprehensive graduated driver licensing systems in 1997,
crashes involving 16-year-old drivers decreased by 25 percent
in Michigan and by 27 percent in North Carolina.
(11) According to the Office of the Illinois Secretary of
State, teen driving deaths dropped by over 40 percent in
Illinois in the first full year following the 2007
implementation of a stronger graduated driver licensing law.
(12) The National Transportation Safety Board reports that
over 40 States and the District of Columbia have implemented
some type of 3-stage graduated driver licensing system.
However, most States have not yet enacted all of the lifesaving
safety features of graduated driver licensing laws recommended
by the National Transportation Safety Board and supported by
research to protect the lives of teenage and novice drivers.
(13) A 2010 national survey by the Insurance Institute of
Highway Safety indicates that--
(A) parents of teens favor graduated driver
licensing laws that are as strict or stricter than
those that currently exist in any State;
(B) \2/3\ of parents of teens believe that young
drivers should begin learning to drive at 16 years of
age or older;
(C) more than \1/2\ of parents of teens believe
that the minimum licensing age should be 17 years of
age or older;
(D) 90 percent of parents of teens support a
restriction on unsupervised nighttime driving;
(E) more than 75 percent of parents of teens
believe that the restriction on unsupervised nighttime
driving should begin at 10 p.m. or earlier;
(F) 89 percent of parents of teens support
restrictions on teen passengers; and
(G) more than 75 percent of parents of teens
believe that teen drivers should not be permitted to
more than 1 teen passenger in their vehicle.
SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS.
(a) Minimum Requirements.--
(1) In general.--A State is in compliance with this section
if the State has a graduated driver licensing law that requires
novice drivers younger than 21 years of age to comply with the
2-stage licensing process described in paragraph (2) before
receiving an unrestricted driver's license.
(2) Licensing process.--A State is in compliance with the
2-stage licensing process described in this paragraph if the
State's driver's license laws include--
(A) a learner's permit stage that--
(i) commences at 16 years of age or older;
(ii) is at least 6 months in duration;
(iii) prohibits the driver from using a
cellular telephone or any communications device
in a nonemergency situation; and
(iv) remains in effect until--
(I) the commencement of the
intermediate stage; or
(II) the driver reaches 18 years of
age;
(B) an intermediate stage that--
(i) commences immediately after the
expiration of the learner's permit stage;
(ii) is at least 6 months in duration;
(iii) prohibits the driver from using a
cellular telephone or any communications device
in a nonemergency situation;
(iv) prohibits driving at night;
(v) prohibits the driver from operating a
motor vehicle with more than 1 non-familial
passenger younger than 21 years of age unless a
licensed driver who is at least 21 years of age
is in the motor vehicle; and
(vi) remains in effect until the driver
reaches 18 years of age; and
(C) any other requirement that the Secretary of
Transportation may require, including--
(i) in the learner's permit stage--
(I) at least 40 hours of behind-
the-wheel training with a licensed
driver who is at least 21 years of age;
(II) a driver training course; and
(III) a requirement that any such
driver be accompanied and supervised by
a licensed driver who is at least 21
years of age at all times while such
driver is operating a motor vehicle;
and
(ii) in the learner's permit or
intermediate stage, a requirement that, in
addition to any other penalties imposed by
State law, the grant of an unrestricted
driver's license be automatically delayed for
any individual who, during the learner's permit
or intermediate stage, is convicted of a
driving-related offense, such as--
(I) driving while intoxicated;
(II) misrepresentation of his or
her true age;
(III) reckless driving;
(IV) driving without wearing a seat
belt;
(V) speeding; or
(VI) any other driving-related
offense, as determined by the
Secretary.
(b) Rulemaking.--
(1) In general.--The Secretary of Transportation shall
promulgate regulations necessary to implement this section in
accordance with the notice and comment provisions under section
553 of title 5, United States.
(2) Exception.--A State that otherwise meets the minimum
requirements set forth in subsection (a) shall be deemed by the
Secretary to be in compliance with this section regardless of
whether a State law, which was enacted by the State before
January 1, 2011, establishes a class of license that permits
licensees younger than 18 years of age to drive a motor vehicle
in connection with work performed on or for the operation of a
farm owned by family members who are directly related to the
licensees.
SEC. 4. INCENTIVE GRANTS.
(a) In General.--For each of the first 3 fiscal years beginning
after the date of enactment of this Act, the Secretary of
Transportation shall award a grant to any State that submits an
application under subsection (b) if that State is in compliance with
section 3(a) on or before the first day of that fiscal year.
(b) Application.--
(1) In general.--Any State desiring a grant under this
section shall submit an application to the Secretary of
Transportation at such time, in such manner, and containing
such information as the Secretary may require, including a
certification by the Governor of the State that the State is in
compliance with section 3(a).
(2) Review.--The Secretary shall review each State
application and determine whether or not the State is in
compliance with section 3(a).
(c) Grants.--Amounts appropriated to carry out this section for
each fiscal year shall be apportioned to each State that is in
compliance with section 3(a) in an amount determined by multiplying--
(1) the amount appropriated to carry out this section for
such fiscal year; by
(2) the ratio that the amount of funds apportioned to each
such State for such fiscal year under section 402 of title 23,
United States Code, bears to the total amount of funds
apportioned to all such States for such fiscal year under such
section.
(d) Use of Funds.--Amounts received by a State from a grant awarded
under this section may be used for--
(1) enforcing a 2-stage licensing process that complies
with section 3(a)(2);
(2) training for law enforcement personnel and other
relevant State agency personnel relating to the enforcement
described in paragraph (1);
(3) publishing relevant educational materials that pertain
directly or indirectly to the State graduated driver licensing
law; and
(4) carrying out other administrative activities that the
Secretary considers relevant to the State's 2-stage licensing
process.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $25,000,000, out of the Highway Trust Fund (other than the
Mass Transit Account), to carry out this section during each fiscal
year described in subsection (a).
SEC. 5. WITHHOLDING OF FUNDS FOR NONCOMPLIANCE.
(a) In General.--
(1) Fourth fiscal year.--On the first day of the fourth
fiscal year beginning after the date of the enactment of this
Act, the Secretary shall withhold 3 percent of the amount
otherwise required to be apportioned to any State for such
fiscal year under each of the paragraphs (1), (3), and (4) of
section 104(b) of title 23, United States Code, if the State is
not in compliance with section 3(a) on the first day of such
fiscal year.
(2) Fifth fiscal year.--On the first day of the fifth
fiscal year beginning after the date of the enactment of this
Act, the Secretary shall withhold 5 percent of the amount
otherwise required to be apportioned to any State for such
fiscal year under each of the paragraphs (1), (3), and (4) of
section 104(b) of title 23, United States Code, if that State
is not in compliance with section 3(a) on the first day of such
fiscal year.
(3) Sixth and subsequent fiscal years.--On the first day of
each fiscal year after the fifth fiscal year beginning after
the date of the enactment of this Act, the Secretary shall
withhold 10 percent of the amount otherwise required to be
apportioned to any State for such fiscal year under each of the
paragraphs (1), (3), and (4) of section 104(b) of title 23,
United States Code, if that State is not in compliance with
section 3(a) on the first day of such fiscal year.
(b) Period of Availability of Withheld Funds.--
(1) Funds withheld before the end of the sixth fiscal
year.--Any amount withheld from any State under subsection (a)
on or before the last day of the sixth fiscal year beginning
after the date of the enactment of this Act, shall remain
available for distribution to the State under subsection (c)
until the end of the third fiscal year following the fiscal
year for which such amount is appropriated.
(2) Funds withheld after the sixth fiscal year.--Any amount
withheld under subsection (a)(2) from any State after the end
of the sixth fiscal year beginning after the date of the
enactment of this Act, may not be distributed to the State.
(c) Apportionment of Withheld Funds After Compliance.--
(1) In general.--If, before the last day of the period for
which funds withheld under subsection (a) remain available to a
State under subsection (b), the State comes into compliance
with section 3(a), the Secretary of Transportation shall, on
the first day on which the Secretary determines the State has
come into compliance, distribute to the State any amounts
withheld under subsection (a) that remains available for
apportionment to the State.
(2) Period of availability of subsequently apportioned
funds.--Any amount distributed under paragraph (1) shall remain
available for expenditure by the State until the end of the
third fiscal year following the year for which the funds are so
apportioned. Any amount not expended by the State by the end of
such period shall revert back to the Treasury of the United
States.
(3) Effect of noncompliance.--If a State is not in
compliance with section 3(a) at the end of the period for which
any amount withheld under subsection (a) remains available for
distribution to the State under subsection (b), such amount
shall revert back to the Treasury of the United States.
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Safe Teen and Novice Driver Uniform Protection Act of 2011 or STANDUP Act - Authorizes the Secretary of Transportation to award incentive grants to states with graduated driver licensing laws that require novice drivers younger than age 21 to comply with a two-stage licensing process before receiving an unrestricted driver's license. Requires such laws, at a minimum, to include: (1) a learner's permit stage that commences at age 16 or older, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, and remains in effect until commencement of the intermediate stage or the driver attains age 18. (2) an intermediate stage in effect until the driver attains age 18 that commences immediately after expiration of the learner's permit stage, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, prohibits nighttime driving, prohibits more than one non-familial passenger under age 21 unless there is a licensed driver at least age 21 present in the vehicle. And (3) any other requirement that the Secretary may require. Deems a state that meets such minimum requirements to be in compliance regardless of whether a state law, enacted before January 1, 2011, establishes a class of license that permits licensees younger than age 18 to drive a motor vehicle in connection with work performed on or for the operation of a farm owned by family members of the licensees. Directs the Secretary to withhold a certain percentage of federal-aid highway funds from states that do not comply with the requirements of this Act.
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A bill to provide driver safety grants to States with graduated driver licensing laws that meet certain minimum requirements.
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| 1,661
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Safe Teen and Novice Driver Uniform Protection Act of 2011" or the "STANDUP Act". <SECTION-HEADER> FINDINGS. Congress finds the following: The National Highway Traffic Safety Administration has reported that motor vehicle crashes are the leading cause of death of Americans between 15 and 20 years of age. Between 1999 and 2009, more than 90,000 Americans were killed in motor vehicle crashes involving drivers between 15 and 20 years of age, an average of 155 deaths per week. Drivers between 16 and 20 years of age have a fatality rate that is 4 times higher than the rate for drivers between 25 and 70 years of age. And teenage drivers who are 16 years of age have a motor vehicle crash rate that is almost 10 times higher than the crash rate for drivers between 30 and 60 years of age. The National Transportation Safety Board found that during the most recent 10-year period teen drivers comprised less than 7 percent of the driving population and accounted for more than 13 percent of drivers involved in all deadly crashes. And more than 20 percent of all highway fatalities occurred in crashes that involved teen drivers. Analysis by the Children's Hospital of Philadelphia Research Institute shows that teenage drivers comprise approximately 40 percent of the fatalities in motor vehicle crashes in which they are involved. And the other 60 percent of the fatalities in those crashes are passengers who were riding in the vehicle with the teen driver. Drivers and passengers in other vehicles involved in a crash with the teen driver's vehicle. And pedestrians. According to the Insurance Institute for Highway Safety the chance that a vehicle driven by a 16- or 17-year-old will be involved in an accident doubles when there are 2 other teens in the vehicle, and quadruples when there are 4 teens in the vehicle. States with strong nighttime driving restrictions experience lower fatal crash rates among drivers ages 15 to 17 years old. And a higher age requirement for licensing teen drivers is correlated with a lower number of fatal crashes per capita. The National Highway Traffic Safety Administration has found that distraction caused by cellular phones is significant enough to degrade driver performance, and is particularly dangerous for inexperienced drivers between 15 and 20 years of age. That National Transportation Safety Board has found that although only 20 percent of driving by teenage drivers occurs at night, more than 50 percent of the motor vehicle crash fatalities involving teenage drivers occur at night. According to a 2007 report from the Texas Transportation Institute at Texas AM University teenage drivers in rural areas are less likely to be aware of the risks and dangers associated with driving, placing them at higher risk of involvement in crashes. Teen drivers are more likely than other drivers to drive with other teenage passengers, to drive late at night, to exceed the speed limit, to use cell phones while driving. And to fail to use seat belts while driving. The National Highway Traffic Safety Administration reports that although 23 percent of the population of the United States lives in rural areas, 57 percent of all traffic fatalities occur on rural roads, underscoring the elevated crash risk for teen drivers in rural areas. The American Academy of Pediatrics has found evidence that the area of the brain responsible for planning, impulse control, and executive decisionmaking does not fully mature until a person is between 20 and 25 years of age, placing teen drivers at greater risk of being involved in an accident. The Journal of the American Medical Association reports that after Michigan and North Carolina adopted comprehensive graduated driver licensing systems in 1997, crashes involving 16-year-old drivers decreased by 25 percent in Michigan and by 27 percent in North Carolina. According to the Office of the Illinois Secretary of State, teen driving deaths dropped by over 40 percent in Illinois in the first full year following the 2007 implementation of a stronger graduated driver licensing law. The National Transportation Safety Board reports that over 40 States and the District of Columbia have implemented some type of 3-stage graduated driver licensing system. However, most States have not yet enacted all of the lifesaving safety features of graduated driver licensing laws recommended by the National Transportation Safety Board and supported by research to protect the lives of teenage and novice drivers. A 2010 national survey by the Insurance Institute of Highway Safety indicates that parents of teens favor graduated driver licensing laws that are as strict or stricter than those that currently exist in any State. 23 of parents of teens believe that young drivers should begin learning to drive at 16 years of age or older. More than 12 of parents of teens believe that the minimum licensing age should be 17 years of age or older. 90 percent of parents of teens support a restriction on unsupervised nighttime driving. More than 75 percent of parents of teens believe that the restriction on unsupervised nighttime driving should begin at 10 p. m. or earlier. 89 percent of parents of teens support restrictions on teen passengers. And more than 75 percent of parents of teens believe that teen drivers should not be permitted to more than 1 teen passenger in their vehicle. <SECTION-HEADER> STATE GRADUATED DRIVER LICENSING LAWS. Minimum Requirements. In general. A State is in compliance with this section if the State has a graduated driver licensing law that requires novice drivers younger than 21 years of age to comply with the 2-stage licensing process described in paragraph (2) before receiving an unrestricted driver's license. Licensing process. A State is in compliance with the 2-stage licensing process described in this paragraph if the State's driver's license laws include a learner's permit stage that commences at 16 years of age or older, is at least 6 months in duration. Prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation. And remains in effect until the commencement of the intermediate stage, or the driver reaches 18 years of age. An intermediate stage that commences immediately after the expiration of the learner's permit stage, is at least 6 months in duration. Prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation, prohibits driving at night. Prohibits the driver from operating a motor vehicle with more than 1 non-familial passenger younger than 21 years of age unless a licensed driver who is at least 21 years of age is in the motor vehicle. And remains in effect until the driver reaches 18 years of age. And any other requirement that the Secretary of Transportation may require, including in the learner's permit stage at least 40 hours of behind- the-wheel training with a licensed driver who is at least 21 years of age, a driver training course. And a requirement that any such driver be accompanied and supervised by a licensed driver who is at least 21 years of age at all times while such driver is operating a motor vehicle. And in the learner's permit or intermediate stage, a requirement that, in addition to any other penalties imposed by State law, the grant of an unrestricted driver's license be automatically delayed for any individual who, during the learner's permit or intermediate stage, is convicted of a driving-related offense, such as driving while intoxicated, misrepresentation of his or her true age, reckless driving, driving without wearing a seat belt, speeding. Or any other driving-related offense, as determined by the Secretary. Rulemaking. In general. The Secretary of Transportation shall promulgate regulations necessary to implement this section in accordance with the notice and comment provisions under section 553 of title 5, United States. Exception. A State that otherwise meets the minimum requirements set forth in subsection (a) shall be deemed by the Secretary to be in compliance with this section regardless of whether a State law, which was enacted by the State before January 1, 2011, establishes a class of license that permits licensees younger than 18 years of age to drive a motor vehicle in connection with work performed on or for the operation of a farm owned by family members who are directly related to the licensees. <SECTION-HEADER> INCENTIVE GRANTS. In General. For each of the first 3 fiscal years beginning after the date of enactment of this Act, the Secretary of Transportation shall award a grant to any State that submits an application under subsection (b) if that State is in compliance with section 3(a) on or before the first day of that fiscal year. Application. In general. Any State desiring a grant under this section shall submit an application to the Secretary of Transportation at such time, in such manner, and containing such information as the Secretary may require, including a certification by the Governor of the State that the State is in compliance with section 3(a). Review. The Secretary shall review each State application and determine whether or not the State is in compliance with section 3(a). Grants. Amounts appropriated to carry out this section for each fiscal year shall be apportioned to each State that is in compliance with section 3(a) in an amount determined by multiplying the amount appropriated to carry out this section for such fiscal year. By the ratio that the amount of funds apportioned to each such State for such fiscal year under section 402 of title 23, United States Code, bears to the total amount of funds apportioned to all such States for such fiscal year under such section. Use of Funds. Amounts received by a State from a grant awarded under this section may be used for enforcing a 2-stage licensing process that complies with section 3(a)(2). Training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in paragraph (1). Publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law. And carrying out other administrative activities that the Secretary considers relevant to the State's 2-stage licensing process. Authorization of Appropriations. There is authorized to be appropriated $25,000,000, out of the Highway Trust Fund , to carry out this section during each fiscal year described in subsection (a). <SECTION-HEADER> WITHHOLDING OF FUNDS FOR NONCOMPLIANCE. In General. Fourth fiscal year. On the first day of the fourth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 3 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if the State is not in compliance with section 3(a) on the first day of such fiscal year. Fifth fiscal year. On the first day of the fifth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 5 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if that State is not in compliance with section 3(a) on the first day of such fiscal year. Sixth and subsequent fiscal years. On the first day of each fiscal year after the fifth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 10 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if that State is not in compliance with section 3(a) on the first day of such fiscal year. Period of Availability of Withheld Funds. Funds withheld before the end of the sixth fiscal year. Any amount withheld from any State under subsection (a) on or before the last day of the sixth fiscal year beginning after the date of the enactment of this Act, shall remain available for distribution to the State under subsection (c) until the end of the third fiscal year following the fiscal year for which such amount is appropriated. Funds withheld after the sixth fiscal year. Any amount withheld under subsection (a)(2) from any State after the end of the sixth fiscal year beginning after the date of the enactment of this Act, may not be distributed to the State. Apportionment of Withheld Funds After Compliance. In general. If, before the last day of the period for which funds withheld under subsection (a) remain available to a State under subsection (b), the State comes into compliance with section 3(a), the Secretary of Transportation shall, on the first day on which the Secretary determines the State has come into compliance, distribute to the State any amounts withheld under subsection (a) that remains available for apportionment to the State. Period of availability of subsequently apportioned funds. Any amount distributed under paragraph (1) shall remain available for expenditure by the State until the end of the third fiscal year following the year for which the funds are so apportioned. Any amount not expended by the State by the end of such period shall revert back to the Treasury of the United States. Effect of noncompliance. If a State is not in compliance with section 3(a) at the end of the period for which any amount withheld under subsection (a) remains available for distribution to the State under subsection (b), such amount shall revert back to the Treasury of the United States.
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Safe Teen and Novice Driver Uniform Protection Act of 2011 or STANDUP Act - Authorizes the Secretary of Transportation to award incentive grants to states with graduated driver licensing laws that require novice drivers younger than age 21 to comply with a two-stage licensing process before receiving an unrestricted driver's license. Requires such laws, at a minimum, to include: (1) a learner's permit stage that commences at age 16 or older, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, and remains in effect until commencement of the intermediate stage or the driver attains age 18. (2) an intermediate stage in effect until the driver attains age 18 that commences immediately after expiration of the learner's permit stage, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, prohibits nighttime driving, prohibits more than one non-familial passenger under age 21 unless there is a licensed driver at least age 21 present in the vehicle. And (3) any other requirement that the Secretary may require. Deems a state that meets such minimum requirements to be in compliance regardless of whether a state law, enacted before January 1, 2011, establishes a class of license that permits licensees younger than age 18 to drive a motor vehicle in connection with work performed on or for the operation of a farm owned by family members of the licensees. Directs the Secretary to withhold a certain percentage of federal-aid highway funds from states that do not comply with the requirements of this Act.
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A bill to provide driver safety grants to States with graduated driver licensing laws that meet certain minimum requirements.
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105_hr2202
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Bone Marrow Registry
Reauthorization Act of 1998''.
SEC. 2. REAUTHORIZATION.
(a) Establishment of Registry.--Section 379(a) of the Public Health
Service Act (42 U.S.C. 274k(a)) is amended--
(1) by striking ``(referred to in this part as the `Registry')
that meets'' and inserting ``(referred to in this part as the
`Registry') that has the purpose of increasing the number of
transplants for recipients suitably matched to biologically
unrelated donors of bone marrow, and that meets'';
(2) by striking ``under the direction of a board of directors
that shall include representatives of'' and all that follows and
inserting the following: ``under the direction of a board of
directors meeting the following requirements:
``(1) Each member of the board shall serve for a term of 2
years, and each such member may serve as many as 3 consecutive 2-
year terms, except that such limitations shall not apply to the
Chair of the board (or the Chair-elect) or to the member of the
board who most recently served as the Chair.
``(2) A member of the board may continue to serve after the
expiration of the term of such member until a successor is
appointed.
``(3) In order to ensure the continuity of the board, the board
shall be appointed so that each year the terms of approximately
one-third of the members of the board expire.
``(4) The membership of the board shall include representatives
of marrow donor centers and marrow transplant centers; recipients
of a bone marrow transplant; persons who require or have required
such a transplant; family members of such a recipient or family
members of a patient who has requested the assistance of the
Registry in searching for an unrelated donor of bone marrow;
persons with expertise in the social sciences; and members of the
general public; and in addition nonvoting representatives from the
Naval Medical Research and Development Command and from the
Division of Organ Transplantation of the Health Resources and
Services Administration.''.
(b) Program for Unrelated Marrow Transplants.--
(1) In general.--Section 379(b) of the Public Health Service
Act (42 U.S.C. 274k(b)) is amended by redesignating paragraph (7)
as paragraph (8), and by striking paragraphs (2) through (6) and
inserting the following:
``(2) carry out a program for the recruitment of bone marrow
donors in accordance with subsection (c), including with respect to
increasing the representation of racial and ethnic minority groups
(including persons of mixed ancestry) in the enrollment of the
Registry;
``(3) carry out informational and educational activities in
accordance with subsection (c);
``(4) annually update information to account for changes in the
status of individuals as potential donors of bone marrow;
``(5) provide for a system of patient advocacy through the
office established under subsection (d);
``(6) provide case management services for any potential donor
of bone marrow to whom the Registry has provided a notice that the
potential donor may be suitably matched to a particular patient
(which services shall be provided through a mechanism other than
the system of patient advocacy under subsection (d)), and conduct
surveys of donors and potential donors to determine the extent of
satisfaction with such services and to identify ways in which the
services can be improved;
``(7) with respect to searches for unrelated donors of bone
marrow that are conducted through the system under paragraph (1),
collect and analyze and publish data on the number and percentage
of patients at each of the various stages of the search process,
including data regarding the furthest stage reached; the number and
percentage of patients who are unable to complete the search
process, and the reasons underlying such circumstances; and
comparisons of transplant centers regarding search and other costs
that prior to transplantation are charged to patients by transplant
centers; and''.
(2) Report of inspector general; plan regarding relationship
between registry and donor centers.--The Secretary of Health and
Human Services shall ensure that, not later than 1 year after the
date of the enactment of this Act, the National Bone Marrow Donor
Registry (under section 379 of the Public Health Service Act)
develops, evaluates, and implements a plan to effectuate
efficiencies in the relationship between such Registry and donor
centers. The plan shall incorporate, to the extent practicable, the
findings and recommendations made in the inspection conducted by
the Office of the Inspector General (Department of Health and Human
Services) as of January 1997 and known as the Bone Marrow Program
Inspection.
(c) Program for Information and Education.--Section 379 of the
Public Health Service Act (42 U.S.C. 274k) is amended by striking
subsection (j), by redesignating subsections (c) through (i) as
subsections (e) through (k), respectively, and by inserting after
subsection (b) the following subsection:
``(c) Recruitment; Priorities; Information and Education.--
``(1) Recruitment; priorities.--The Registry shall carry out a
program for the recruitment of bone marrow donors. Such program
shall identify populations that are underrepresented among
potential donors enrolled with the Registry. In the case of
populations that are identified under the preceding sentence:
``(A) The Registry shall give priority to carrying out
activities under this part to increase representation for such
populations in order to enable a member of such a population,
to the extent practicable, to have a probability of finding a
suitable unrelated donor that is comparable to the probability
that an individual who is not a member of an underrepresented
population would have.
``(B) The Registry shall consider racial and ethnic
minority groups (including persons of mixed ancestry) to be
populations that have been identified for purposes of this
paragraph, and shall carry out subparagraph (A) with respect to
such populations.
``(2) Information and education regarding recruitment; testing
and enrollment.--
``(A) In general.--In carrying out the program under
paragraph (1), the Registry shall carry out informational and
educational activities for purposes of recruiting individuals
to serve as donors of bone marrow, and shall test and enroll
with the Registry potential donors. Such information and
educational activities shall include the following:
``(i) Making information available to the general
public, including information describing the needs of
patients with respect to donors of bone marrow.
``(ii) Educating and providing information to
individuals who are willing to serve as potential donors,
including providing updates.
``(iii) Training individuals in requesting individuals
to serve as potential donors.
``(B) Priorities.--In carrying out informational and
educational activities under subparagraph (A), the Registry
shall give priority to recruiting individuals to serve as
donors of bone marrow for populations that are identified under
paragraph (1).
``(3) Transplantation as treatment option.--In addition to
activities regarding recruitment, the program under paragraph (1)
shall provide information to physicians, other health care
professionals, and the public regarding the availability, as a
potential treatment option, of receiving a transplant of bone
marrow from an unrelated donor.''.
(d) Patient Advocacy and Case Management.--Section 379 of the
Public Health Service Act (42 U.S.C. 274k), as amended by subsection
(c) of this section, is amended by inserting after subsection (c) the
following subsection:
``(d) Patient Advocacy; Case Management.--
``(1) In general.--The Registry shall establish and maintain an
office of patient advocacy (in this subsection referred to as the
`Office').
``(2) General functions.--The Office shall meet the following
requirements:
``(A) The Office shall be headed by a director.
``(B) The Office shall operate a system for patient
advocacy, which shall be separate from mechanisms for donor
advocacy, and which shall serve patients for whom the Registry
is conducting, or has been requested to conduct, a search for
an unrelated donor of bone marrow.
``(C) In the case of such a patient, the Office shall serve
as an advocate for the patient by directly providing to the
patient (or family members, physicians, or other individuals
acting on behalf of the patient) individualized services with
respect to efficiently utilizing the system under subsection
(b)(1) to conduct an ongoing search for a donor.
``(D) In carrying out subparagraph (C), the Office shall
monitor the system under subsection (b)(1) to determine whether
the search needs of the patient involved are being met,
including with respect to the following:
``(i) Periodically providing to the patient (or an
individual acting on behalf of the patient) information
regarding donors who are suitability matched to the
patient, and other information regarding the progress being
made in the search.
``(ii) Informing the patient (or such other individual)
if the search has been interrupted or discontinued.
``(iii) Identifying and resolving problems in the
search, to the extent practicable.
``(E) In carrying out subparagraph (C), the Office shall
monitor the system under subsection (b)(1) to determine whether
the Registry, donor centers, transplant centers, and other
entities participating in the Registry program are complying
with standards issued under subsection (e)(4) for the system
for patient advocacy under this subsection.
``(F) The Office shall ensure that the following data are
made available to patients:
``(i) The resources available through the Registry.
``(ii) A comparison of transplant centers regarding
search and other costs that prior to transplantation are
charged to patients by transplant centers.
``(iii) A list of donor registries, transplant centers,
and other entities that meet the applicable standards,
criteria, and procedures under subsection (e).
``(iv) The posttransplant outcomes for individual
transplant centers.
``(v) Such other information as the Registry determines
to be appropriate.
``(G) The Office shall conduct surveys of patients (or
family members, physicians, or other individuals acting on
behalf of patients) to determine the extent of satisfaction
with the system for patient advocacy under this subsection, and
to identify ways in which the system can be improved.
``(3) Case management.--
``(A) In general.--In serving as an advocate for a patient
under paragraph (2), the Office shall provide individualized
case management services directly to the patient (or family
members, physicians, or other individuals acting on behalf of
the patient), including--
``(i) individualized case assessment; and
``(ii) the functions described in paragraph (2)(D)
(relating to progress in the search process).
``(B) Postsearch functions.--In addition to the case
management services described in paragraph (1) for patients,
the Office may, on behalf of patients who have completed the
search for an unrelated donor, provide information and
education on the process of receiving a transplant of bone
marrow, including the posttransplant process.''.
(e) Criteria, Standards, and Procedures.--Section 379(e) of the
Public Health Service Act (42 U.S.C. 274k), as redesignated by
subsection (c) of this section, is amended by striking paragraph (4)
and inserting the following:
``(4) standards for the system for patient advocacy operated
under subsection (d), including standards requiring the provision
of appropriate information (at the start of the search process and
throughout the process) to patients and their families and
physicians;''.
(f) Report.--Section 379 of the Public Health Service Act, as
amended by subsection (c) of this section, is amended by adding at the
end the following subsection:
``(l) Annual Report Regarding Pretransplant Costs.--The Registry
shall annually submit to the Secretary the data collected under
subsection (b)(7) on comparisons of transplant centers regarding search
and other costs that prior to transplantation are charged to patients
by transplant centers. The data shall be submitted to the Secretary
through inclusion in the annual report required in section 379A(c).''.
(g) Conforming Amendments.--Section 379 of the Public Health
Service Act, as amended by subsection (c) of this section, is amended--
(1) in subsection (f), by striking ``subsection (c)'' and
inserting ``subsection (e)''; and
(2) in subsection (k), by striking ``subsection (c)(5)(A)'' and
inserting ``subsection (e)(5)(A)'' and by striking ``subsection
(c)(5)(B)'' and inserting ``subsection (e)(5)(B)''.
SEC. 3. RECIPIENT REGISTRY.
Part I of title III of the Public Health Service Act (42 U.S.C.
274k et seq.) is amended by striking section 379A and inserting the
following:
``SEC. 379A. BONE MARROW SCIENTIFIC REGISTRY.
``(a) Establishment of Recipient Registry.--The Secretary, acting
through the Registry under section 379 (in this section referred to as
the `Registry'), shall establish and maintain a scientific registry of
information relating to patients who have been recipients of a
transplant of bone marrow from a biologically unrelated donor.
``(b) Information.--The scientific registry under subsection (a)
shall include information with respect to patients described in
subsection (a), transplant procedures, and such other information as
the Secretary determines to be appropriate to conduct an ongoing
evaluation of the scientific and clinical status of transplantation
involving recipients of bone marrow from biologically unrelated donors.
``(c) Annual Report on Patient Outcomes.--The Registry shall
annually submit to the Secretary a report concerning patient outcomes
with respect to each transplant center. Each such report shall use data
collected and maintained by the scientific registry under subsection
(a). Each such report shall in addition include the data required in
section 379(l) (relating to pretransplant costs).''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended--
(1) by transferring section 378 from the current placement of
the section and inserting the section after section 377; and
(2) in part I, by inserting after section 379A the following
section:
``SEC. 379B. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated $18,000,000 for fiscal year 1999, and such sums as
may be necessary for each of the fiscal years 2000 through 2003.''.
SEC. 5. STUDY BY GENERAL ACCOUNTING OFFICE.
(a) In General.--During the period indicated pursuant to subsection
(b), the Comptroller General of the United States shall conduct a study
of the National Bone Marrow Donor Registry under section 379 of the
Public Health Service Act for purposes of making determinations of the
following:
(1) The extent to which, relative to the effective date of this
Act, such Registry has increased the representation of racial and
ethnic minority groups (including persons of mixed ancestry) among
potential donors of bone marrow who are enrolled with the Registry,
and whether the extent of increase results in a level of
representation that meets the standard established in subsection
(c)(1)(A) of such section 379 (as added by section 2(c) of this
Act).
(2) The extent to which patients in need of a transplant of
bone marrow from a biologically unrelated donor, and the physicians
of such patients, have been utilizing the Registry in the search
for such a donor.
(3) The number of such patients for whom the Registry began a
preliminary search but for whom the full search process was not
completed, and the reasons underlying such circumstances.
(4) The extent to which the plan required in section 2(b)(2) of
this Act (relating to the relationship between the Registry and
donor centers) has been implemented.
(5) The extent to which the Registry, donor centers, donor
registries, collection centers, transplant centers, and other
appropriate entities have been complying with the standards,
criteria, and procedures under subsection (e) of such section 379
(as redesignated by section 2(c) of this Act).
(b) Report.--A report describing the findings of the study under
subsection (a) shall be submitted to the Congress not later than
October 1, 2001. The report may not be submitted before January 1,
2001.
SEC. 6. COMPLIANCE WITH NEW REQUIREMENTS FOR OFFICE OF PATIENT
ADVOCACY.
With respect to requirements for the office of patient advocacy
under section 379(d) of the Public Health Service Act, the Secretary of
Health and Human Services shall ensure that, not later than 180 days
after the effective date of this Act, such office is in compliance with
all requirements (established pursuant to the amendment made by section
2(d)) that are additional to the requirements that under section 379 of
such Act were in effect with respect to patient advocacy on the day
before the date of the enactment of this Act.
SEC. 7. EFFECTIVE DATE.
This Act takes effect October 1, 1998, or upon the date of the
enactment of this Act, whichever occurs later.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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National Bone Marrow Registry Reauthorization Act of 1998 - Amends the Public Health Service Act to set forth the purpose of the National Bone Marrow Donor Registry and impose requirements regarding its board of directors. Sets forth program functions, including regarding collection, analysis, and publication of data on donor searches. Mandates implementation of a plan to effectuate efficiencies between the Registry and donor centers. Requires the Registry to: (1) recruit donors, (2) give priority to recruiting populations underrepresented among potential donors. And (3) consider racial and ethnic minority groups underrepresented. Requires the Registry to maintain an office of patient advocacy meeting specified requirements, including providing case management. Allows the office to provide information on the process of receiving a bone marrow transplant, including the posttransplant process. Mandates maintenance of a scientific registry regarding patients who have received marrow from an unrelated donor. Authorizes appropriations to carry out the Registry provisions. Mandates a study of the Registry and report to the Congress by the Comptroller General regarding specified aspects of the Registry. Directs the Secretary of Health and Human Services, by a specified period after the effective date of this Act, to ensure that the office of patient advocacy is in compliance with certain requirements.
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National Bone Marrow Registry Reauthorization Act of 1998
| 19,369
| 1,417
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Bone Marrow Registry Reauthorization Act of 1998". <SECTION-HEADER> REAUTHORIZATION. Establishment of Registry. Section 379(a) of the Public Health Service Act (42 USC. 274k(a)) is amended by striking " that meets" and inserting " that has the purpose of increasing the number of transplants for recipients suitably matched to biologically unrelated donors of bone marrow, and that meets". By striking "under the direction of a board of directors that shall include representatives of" and all that follows and inserting the following: "under the direction of a board of directors meeting the following requirements: Each member of the board shall serve for a term of 2 years, and each such member may serve as many as 3 consecutive 2- year terms, except that such limitations shall not apply to the Chair of the board or to the member of the board who most recently served as the Chair. A member of the board may continue to serve after the expiration of the term of such member until a successor is appointed. In order to ensure the continuity of the board, the board shall be appointed so that each year the terms of approximately one-third of the members of the board expire. The membership of the board shall include representatives of marrow donor centers and marrow transplant centers, recipients of a bone marrow transplant, persons who require or have required such a transplant. Family members of such a recipient or family members of a patient who has requested the assistance of the Registry in searching for an unrelated donor of bone marrow, persons with expertise in the social sciences, and members of the general public. And in addition nonvoting representatives from the Naval Medical Research and Development Command and from the Division of Organ Transplantation of the Health Resources and Services Administration.". Program for Unrelated Marrow Transplants. In general. Section 379(b) of the Public Health Service Act (42 USC. 274k(b)) is amended by redesignating paragraph (7) as paragraph (8), and by striking paragraphs (2) through (6) and inserting the following: carry out a program for the recruitment of bone marrow donors in accordance with subsection (c), including with respect to increasing the representation of racial and ethnic minority groups in the enrollment of the Registry. Carry out informational and educational activities in accordance with subsection (c). Annually update information to account for changes in the status of individuals as potential donors of bone marrow. Provide for a system of patient advocacy through the office established under subsection (d). Provide case management services for any potential donor of bone marrow to whom the Registry has provided a notice that the potential donor may be suitably matched to a particular patient (which services shall be provided through a mechanism other than the system of patient advocacy under subsection (d)), and conduct surveys of donors and potential donors to determine the extent of satisfaction with such services and to identify ways in which the services can be improved. With respect to searches for unrelated donors of bone marrow that are conducted through the system under paragraph (1), collect and analyze and publish data on the number and percentage of patients at each of the various stages of the search process, including data regarding the furthest stage reached. The number and percentage of patients who are unable to complete the search process, and the reasons underlying such circumstances. And comparisons of transplant centers regarding search and other costs that prior to transplantation are charged to patients by transplant centers, and". Report of inspector general. Plan regarding relationship between registry and donor centers. The Secretary of Health and Human Services shall ensure that, not later than 1 year after the date of the enactment of this Act, the National Bone Marrow Donor Registry develops, evaluates, and implements a plan to effectuate efficiencies in the relationship between such Registry and donor centers. The plan shall incorporate, to the extent practicable, the findings and recommendations made in the inspection conducted by the Office of the Inspector General as of January 1997 and known as the Bone Marrow Program Inspection. Program for Information and Education. Section 379 of the Public Health Service Act is amended by striking subsection (j), by redesignating subsections (c) through (i) as subsections (e) through (k), respectively, and by inserting after subsection (b) the following subsection: Recruitment, Priorities, Information and Education. Recruitment. Priorities. The Registry shall carry out a program for the recruitment of bone marrow donors. Such program shall identify populations that are underrepresented among potential donors enrolled with the Registry. In the case of populations that are identified under the preceding sentence: The Registry shall give priority to carrying out activities under this part to increase representation for such populations in order to enable a member of such a population, to the extent practicable, to have a probability of finding a suitable unrelated donor that is comparable to the probability that an individual who is not a member of an underrepresented population would have. The Registry shall consider racial and ethnic minority groups to be populations that have been identified for purposes of this paragraph, and shall carry out subparagraph (A) with respect to such populations. Information and education regarding recruitment. Testing and enrollment. In general. In carrying out the program under paragraph (1), the Registry shall carry out informational and educational activities for purposes of recruiting individuals to serve as donors of bone marrow, and shall test and enroll with the Registry potential donors. Such information and educational activities shall include the following: Making information available to the general public, including information describing the needs of patients with respect to donors of bone marrow. Educating and providing information to individuals who are willing to serve as potential donors, including providing updates. Training individuals in requesting individuals to serve as potential donors. Priorities. In carrying out informational and educational activities under subparagraph (A), the Registry shall give priority to recruiting individuals to serve as donors of bone marrow for populations that are identified under paragraph (1). Transplantation as treatment option. In addition to activities regarding recruitment, the program under paragraph (1) shall provide information to physicians, other health care professionals, and the public regarding the availability, as a potential treatment option, of receiving a transplant of bone marrow from an unrelated donor.". Patient Advocacy and Case Management. Section 379 of the Public Health Service Act , as amended by subsection of this section, is amended by inserting after subsection (c) the following subsection: Patient Advocacy. Case Management. In general. The Registry shall establish and maintain an office of patient advocacy . General functions. The Office shall meet the following requirements: The Office shall be headed by a director. The Office shall operate a system for patient advocacy, which shall be separate from mechanisms for donor advocacy, and which shall serve patients for whom the Registry is conducting, or has been requested to conduct, a search for an unrelated donor of bone marrow. In the case of such a patient, the Office shall serve as an advocate for the patient by directly providing to the patient individualized services with respect to efficiently utilizing the system under subsection (1) to conduct an ongoing search for a donor. In carrying out subparagraph (C), the Office shall monitor the system under subsection (b)(1) to determine whether the search needs of the patient involved are being met, including with respect to the following: Periodically providing to the patient information regarding donors who are suitability matched to the patient, and other information regarding the progress being made in the search. Informing the patient if the search has been interrupted or discontinued. Identifying and resolving problems in the search, to the extent practicable. In carrying out subparagraph (C), the Office shall monitor the system under subsection (b)(1) to determine whether the Registry, donor centers, transplant centers, and other entities participating in the Registry program are complying with standards issued under subsection (e)(4) for the system for patient advocacy under this subsection. The Office shall ensure that the following data are made available to patients: The resources available through the Registry. A comparison of transplant centers regarding search and other costs that prior to transplantation are charged to patients by transplant centers. A list of donor registries, transplant centers, and other entities that meet the applicable standards, criteria, and procedures under subsection (e). The posttransplant outcomes for individual transplant centers. Such other information as the Registry determines to be appropriate. The Office shall conduct surveys of patients to determine the extent of satisfaction with the system for patient advocacy under this subsection, and to identify ways in which the system can be improved. Case management. In general. In serving as an advocate for a patient under paragraph (2), the Office shall provide individualized case management services directly to the patient , including individualized case assessment. And the functions described in paragraph (2)(D) . Postsearch functions. In addition to the case management services described in paragraph (1) for patients, the Office may, on behalf of patients who have completed the search for an unrelated donor, provide information and education on the process of receiving a transplant of bone marrow, including the posttransplant process.". Criteria, Standards, and Procedures. Section 379(e) of the Public Health Service Act , as redesignated by subsection (c) of this section, is amended by striking paragraph (4) and inserting the following: standards for the system for patient advocacy operated under subsection (d), including standards requiring the provision of appropriate information to patients and their families and physicians. ". Report. Section 379 of the Public Health Service Act, as amended by subsection (c) of this section, is amended by adding at the end the following subsection: Annual Report Regarding Pretransplant Costs. The Registry shall annually submit to the Secretary the data collected under subsection (b)(7) on comparisons of transplant centers regarding search and other costs that prior to transplantation are charged to patients by transplant centers. The data shall be submitted to the Secretary through inclusion in the annual report required in section 379A(c).". Conforming Amendments. Section 379 of the Public Health Service Act, as amended by subsection (c) of this section, is amended in subsection (f), by striking "subsection (c)" and inserting "subsection (e)". And in subsection (k), by striking "subsection (c)(5)(A)" and inserting "subsection (e)(5)(A)" and by striking "subsection (5)(B)" and inserting "subsection (e)(5)(B)". <SECTION-HEADER> RECIPIENT REGISTRY. Part I of title III of the Public Health Service Act is amended by striking section 379A and inserting the following: "Section 379A. BONE MARROW SCIENTIFIC REGISTRY. Establishment of Recipient Registry. The Secretary, acting through the Registry under section 379 , shall establish and maintain a scientific registry of information relating to patients who have been recipients of a transplant of bone marrow from a biologically unrelated donor. Information. The scientific registry under subsection (a) shall include information with respect to patients described in subsection (a), transplant procedures, and such other information as the Secretary determines to be appropriate to conduct an ongoing evaluation of the scientific and clinical status of transplantation involving recipients of bone marrow from biologically unrelated donors. Annual Report on Patient Outcomes. The Registry shall annually submit to the Secretary a report concerning patient outcomes with respect to each transplant center. Each such report shall use data collected and maintained by the scientific registry under subsection . Each such report shall in addition include the data required in section 379(l) .". <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. Title III of the Public Health Service Act is amended by transferring section 378 from the current placement of the section and inserting the section after section 377. And in part I, by inserting after section 379A the following section: "Section 379B. AUTHORIZATION OF APPROPRIATIONS. "For the purpose of carrying out this part, there are authorized to be appropriated $18,000,000 for fiscal year 1999, and such sums as may be necessary for each of the fiscal years 2000 through 2003.". <SECTION-HEADER> STUDY BY GENERAL ACCOUNTING OFFICE. In General. During the period indicated pursuant to subsection , the Comptroller General of the United States shall conduct a study of the National Bone Marrow Donor Registry under section 379 of the Public Health Service Act for purposes of making determinations of the following: The extent to which, relative to the effective date of this Act, such Registry has increased the representation of racial and ethnic minority groups among potential donors of bone marrow who are enrolled with the Registry, and whether the extent of increase results in a level of representation that meets the standard established in subsection (1)(A) of such section 379 (as added by section 2. The extent to which patients in need of a transplant of bone marrow from a biologically unrelated donor, and the physicians of such patients, have been utilizing the Registry in the search for such a donor. The number of such patients for whom the Registry began a preliminary search but for whom the full search process was not completed, and the reasons underlying such circumstances. The extent to which the plan required in section 2(b)(2) of this Act has been implemented. The extent to which the Registry, donor centers, donor registries, collection centers, transplant centers, and other appropriate entities have been complying with the standards, criteria, and procedures under subsection (e) of such section 379 (as redesignated by section 2. Report. A report describing the findings of the study under subsection (a) shall be submitted to the Congress not later than October 1, 2001. The report may not be submitted before January 1, 2001. <SECTION-HEADER> COMPLIANCE WITH NEW REQUIREMENTS FOR OFFICE OF PATIENT ADVOCACY. With respect to requirements for the office of patient advocacy under section 379(d) of the Public Health Service Act, the Secretary of Health and Human Services shall ensure that, not later than 180 days after the effective date of this Act, such office is in compliance with all requirements (established pursuant to the amendment made by section 2(d)) that are additional to the requirements that under section 379 of such Act were in effect with respect to patient advocacy on the day before the date of the enactment of this Act. <SECTION-HEADER> EFFECTIVE DATE. This Act takes effect October 1, 1998, or upon the date of the enactment of this Act, whichever occurs later. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
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National Bone Marrow Registry Reauthorization Act of 1998 - Amends the Public Health Service Act to set forth the purpose of the National Bone Marrow Donor Registry and impose requirements regarding its board of directors. Sets forth program functions, including regarding collection, analysis, and publication of data on donor searches. Mandates implementation of a plan to effectuate efficiencies between the Registry and donor centers. Requires the Registry to: (1) recruit donors, (2) give priority to recruiting populations underrepresented among potential donors. And (3) consider racial and ethnic minority groups underrepresented. Requires the Registry to maintain an office of patient advocacy meeting specified requirements, including providing case management. Allows the office to provide information on the process of receiving a bone marrow transplant, including the posttransplant process. Mandates maintenance of a scientific registry regarding patients who have received marrow from an unrelated donor. Authorizes appropriations to carry out the Registry provisions. Mandates a study of the Registry and report to the Congress by the Comptroller General regarding specified aspects of the Registry. Directs the Secretary of Health and Human Services, by a specified period after the effective date of this Act, to ensure that the office of patient advocacy is in compliance with certain requirements.
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National Bone Marrow Registry Reauthorization Act of 1998
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104_s1509
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SECTION 1. HOLD-HARMLESS AMOUNTS FOR PAYMENTS RELATING TO FEDERAL
ACQUISITION OF REAL PROPERTY.
Section 8002 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7702) is amended by adding at the end the following new
subsections:
``(g) Former Districts.--
``(1) In general.--Where the school district of any local
educational agency described in paragraph (2) is formed at any
time after 1938 by the consolidation of two or more former
school districts, such agency may elect (at any time such
agency files an application under section 8005) for any fiscal
year to have (A) the eligibility of such local educational
agency, and (B) the amount which such agency shall be eligible
to receive, determined under this section only with respect to
such of the former school districts comprising such
consolidated school districts as such agency shall designate in
such election.
``(2) Eligible local educational agencies.--A local
educational agency referred to in paragraph (1) is any local
educational agency that, for fiscal year 1994 or any preceding
fiscal year, applied for and was determined eligible under
section 2(c) of the Act of September 30, 1950 (Public Law 874,
81st Congress) as such section was in effect on September 30,
1994.
``(h) Hold-Harmless Amounts.--
``(1) In general.--Except as provided in paragraph (2)(A),
the total amount that the Secretary shall pay a local
educational agency under subsection (b)--
``(A) for fiscal year 1995 shall not be less than
85 percent of the amount such agency received for
fiscal year 1994 under section 2 of the Act of
September 30, 1950 (Public Law 874, 81st Congress) as
such section was in effect on September 30, 1994; or
``(B) for fiscal year 1996 shall not be less than
85 percent of the amount such agency received for
fiscal year 1995 under subsection (b).
``(2) Ratable reductions.--(A)(i) If necessary in order to
make payments to local educational agencies in accordance with
paragraph (1) for any fiscal year, the Secretary first shall
ratably reduce payments under subsection (b) for such year to
local educational agencies that do not receive a payment under
this subsection for such year.
``(ii) If additional funds become available for making
payments under subsection (b) for such year, then payments that
were reduced under clause (i) shall be increased on the same
basis as such payments were reduced.
``(B)(i) If the sums made available under this title for
any fiscal year are insufficient to pay the full amounts that
all local educational agencies in all States are eligible to
receive under paragraph (1) after the application of
subparagraph (A) for such year, then the Secretary shall
ratably reduce payments under paragraph (1) to all such
agencies for such year.
``(ii) If additional funds become available for making
payments under paragraph (1) for such fiscal year, then
payments that were reduced under clause (i) shall be increased
on the same basis as such payments were reduced.''.
SEC. 2. APPLICATIONS FOR INCREASED PAYMENTS.
(a) Payments.--Notwithstanding any other provision of law--
(1) the Bonesteel-Fairfax School District Number 26-5,
South Dakota, and the Wagner Community School District Number
11-4, South Dakota, shall be eligible to apply for payment for
fiscal year 1994 under section 3(d)(2)(B) of the Act of
September 30, 1950 (Public Law 874, 81st Congress) (as such
section was in effect on September 30, 1994); and
(2) the Secretary of Education shall use a subgroup of 10
or more generally comparable local educational agencies for the
purpose of calculating a payment described in paragraph (1),
and the local contribution rate applicable to such payment, for
a local educational agency described in such paragraph.
(b) Application.--In order to be eligible to receive a payment
described in subsection (a), a school district described in such
subsection shall apply for such payment within 30 days after the date
of enactment of this Act.
(c) Construction.--Nothing in this section shall be construed to
require a local educational agency that received a payment under
section 3(d)(2)(B) of the Act of September 30, 1950 (Public Law 874,
81st Congress) (as such section was in effect on September 30, 1994)
for fiscal year 1994 to return such payment or a portion of such
payment to the Federal Government.
SEC. 3. MAXIMUM PAYMENTS.
Subparagraph (B) of section 8003(f)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(f)(3)) is amended to
read as follows:
``(B) Special rule.--The Secretary shall determine
the maximum amount that a local educational agency
described in clause (ii) or (iii) of paragraph (2)(A)
may receive under this subsection in accordance with
the following computations:
``(i) The Secretary shall multiply the
average per-pupil expenditure for all States by
0.7, except that such amount may not exceed 125
percent of the average per-pupil expenditure
for all local educational agencies in the
State.
``(ii) The Secretary shall next multiply
the product determined under clause (i) by the
number of students who are served by the local
educational agency and described in
subparagraph (A) or (B) of subsection (a)(1).
``(iii) The Secretary shall next subtract
the total amount of payments received by the
local educational agency under subsections (b)
and (d) for a fiscal year from the amount
determined under clause (ii).''.
Passed the Senate December 22, 1995.
Attest:
KELLY D. JOHNSTON,
Secretary.
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Amends the Elementary and Secondary Education Act of 1965 regarding impact aid payments. Provides hold-harmless payment amounts for impact-aid payments relating to Federal acquisition of real property. Provides that no eligible local educational agency shall receive less than 85 percent of the preceding year's amount in such a payment for any fiscal year. Provides for ratable reductions and increases in certain types of impact-aid payments in specified circumstances. Allows two specified school districts in South Dakota to claim eligibility as heavily-impacted districts for the current year, and amend their applications for increased payments. Revises provisions with respect to maximum payments for certain heavily impacted local educational agencies.
|
A bill to amend the Impact Aid program to provide for hold-harmless with respect to amounts for payments relating to the Federal acquisition of real property, to permit certain local educational agencies to apply for increased payments for fiscal year 1994 under the Impact Aid program, and to amend the Impact Aid program to make a technical correction with respect to maximum payments for certain heavily impacted local educational agencies.
| 6,805
| 760
|
<SECTION-HEADER> HOLD-HARMLESS AMOUNTS FOR PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY. Section 8002 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following new subsections: Former Districts. In general. Where the school district of any local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of two or more former school districts, such agency may elect for any fiscal year to have (A) the eligibility of such local educational agency, and (B) the amount which such agency shall be eligible to receive, determined under this section only with respect to such of the former school districts comprising such consolidated school districts as such agency shall designate in such election. Eligible local educational agencies. A local educational agency referred to in paragraph (1) is any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied for and was determined eligible under section 2(c) of the Act of September 30, 1950 as such section was in effect on September 30, 1994. Hold-Harmless Amounts. In general. Except as provided in paragraph (2)(A), the total amount that the Secretary shall pay a local educational agency under subsection (b) for fiscal year 1995 shall not be less than 85 percent of the amount such agency received for fiscal year 1994 under section 2 of the Act of September 30, 1950 as such section was in effect on September 30, 1994. Or for fiscal year 1996 shall not be less than 85 percent of the amount such agency received for fiscal year 1995 under subsection (b). Ratable reductions. (A)(i) If necessary in order to make payments to local educational agencies in accordance with paragraph (1) for any fiscal year, the Secretary first shall ratably reduce payments under subsection (b) for such year to local educational agencies that do not receive a payment under this subsection for such year. If additional funds become available for making payments under subsection (b) for such year, then payments that were reduced under clause (i) shall be increased on the same basis as such payments were reduced. (i) If the sums made available under this title for any fiscal year are insufficient to pay the full amounts that all local educational agencies in all States are eligible to receive under paragraph (1) after the application of subparagraph (A) for such year, then the Secretary shall ratably reduce payments under paragraph (1) to all such agencies for such year. If additional funds become available for making payments under paragraph (1) for such fiscal year, then payments that were reduced under clause (i) shall be increased on the same basis as such payments were reduced.". <SECTION-HEADER> APPLICATIONS FOR INCREASED PAYMENTS. Payments. Notwithstanding any other provision of law the Bonesteel-Fairfax School District Number 26-5, South Dakota, and the Wagner Community School District Number 11-4, South Dakota, shall be eligible to apply for payment for fiscal year 1994 under section 3(d)(2)(B) of the Act of September 30, 1950. And the Secretary of Education shall use a subgroup of 10 or more generally comparable local educational agencies for the purpose of calculating a payment described in paragraph (1), and the local contribution rate applicable to such payment, for a local educational agency described in such paragraph. Application. In order to be eligible to receive a payment described in subsection (a), a school district described in such subsection shall apply for such payment within 30 days after the date of enactment of this Act. Construction. Nothing in this section shall be construed to require a local educational agency that received a payment under section 3(d)(2)(B) of the Act of September 30, 1950 for fiscal year 1994 to return such payment or a portion of such payment to the Federal Government. <SECTION-HEADER> MAXIMUM PAYMENTS. Subparagraph (B) of section 8003(f)(3) of the Elementary and Secondary Education Act of 1965 (20 USC. 7703(f)(3)) is amended to read as follows: Special rule. The Secretary shall determine the maximum amount that a local educational agency described in clause (ii) or (iii) of paragraph (2)(A) may receive under this subsection in accordance with the following computations: The Secretary shall multiply the average per-pupil expenditure for all States by 0.7, except that such amount may not exceed 125 percent of the average per-pupil expenditure for all local educational agencies in the State. The Secretary shall next multiply the product determined under clause (i) by the number of students who are served by the local educational agency and described in subparagraph (A) or (B) of subsection (a)(1). The Secretary shall next subtract the total amount of payments received by the local educational agency under subsections (b) and (d) for a fiscal year from the amount determined under clause (ii).". Passed the Senate December 22, 1995. Attest: KELLY D. JOHNSTON, Secretary.
|
Amends the Elementary and Secondary Education Act of 1965 regarding impact aid payments. Provides hold-harmless payment amounts for impact-aid payments relating to Federal acquisition of real property. Provides that no eligible local educational agency shall receive less than 85 percent of the preceding year's amount in such a payment for any fiscal year. Provides for ratable reductions and increases in certain types of impact-aid payments in specified circumstances. Allows two specified school districts in South Dakota to claim eligibility as heavily-impacted districts for the current year, and amend their applications for increased payments. Revises provisions with respect to maximum payments for certain heavily impacted local educational agencies.
|
A bill to amend the Impact Aid program to provide for hold-harmless with respect to amounts for payments relating to the Federal acquisition of real property, to permit certain local educational agencies to apply for increased payments for fiscal year 1994 under the Impact Aid program, and to amend the Impact Aid program to make a technical correction with respect to maximum payments for certain heavily impacted local educational agencies.
|
109_hr6235
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FDA Scientific Fairness for Women
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) With respect to the Office of Women's Health within the
Food and Drug Administration:
(A) When first established, the Office reported
directly to the Commissioner of Food and Drugs.
(B) In the current organization of the Food and
Drug Administration (``FDA''), the Office of Women's
Health is located at the second level reporting within
the Office of the Commissioner and is within the Office
of Science and Health Coordination.
(2) With respect to the regulation by the FDA of silicone
breast implants:
(A) In a draft guidance issued in January 2004, the
FDA asked manufacturers of such implants--
(i) to describe the rates of implant
rupture over the lifetime of the product;
(ii) to describe the incidence of gel
migration resulting from ruptures; and
(iii) to characterize the health
consequences of ruptures and associated
migration.
(B) The manufacturers of silicone breast implants
have not complied with that draft guidance for the
specific implants in their premarket-approval
applications.
(C) A study released by FDA researchers in 2000
reviewed silicone breast implants that were an average
age of 17 years and concluded that 69 percent of the
women had ruptures in one or more silicone breast
implants, and 21 percent experienced gel migration
outside the implant. Implant manufacturers have not
established whether the implants in their premarket-
approval applications would have similar or different
failure rates and leakage after 17 years.
(D) In April 2005, a study published in the
American Journal of Surgical Pathology focusing on gel
migration found that 90 percent of the women studied
who had silicone implants showed silicone droplets in
their lymph nodes. The study also showed that 95
percent of these women had abnormal cells in their
lymph nodes, compared with only 33 percent of women who
had breast cancer surgery without the addition of
silicone implants.
(E) In 2003, the U.S. government entered into a
settlement with breast implant manufacturers for
reimbursement for medical expenses paid by the Federal
Government for women harmed by silicone gel breast
implants.
(F) FDA's Office of Criminal Investigations
(``OCI'') has investigated whether one manufacturer of
breast implants submitted inaccurate data on ruptures
in its application. The FDA OCI also is investigating
allegations regarding whether that same manufacturer
failed to ensure that their implants were used in
compliance with FDA restrictions for the Adjunct Study.
(3) With respect to the applications submitted to the FDA
by Barr Laboratories for approval of the contraceptive drug
marketed as Plan B:
(A) The FDA rejected the first Plan B application
in May 2004 because of concerns that easier access to
Plan B might result in increased promiscuity among
women under 16, despite studies disproving this
contention.
(B) The FDA said it would not approve the Plan B
application unless it included an age-based sales
distinction. In response, Barr Laboratories submitted a
new application to provide over-the-counter sales of
plan B to women 16 years and older. More than one-year
later, FDA expressed concern that the age-based sales
distinction would present regulatory concerns, even
though the amended application was the result of FDA's
recommendations.
(C) According to court documents released on August
3, 2006, the director of FDA's Office of New Drugs
learned early in 2004 that the then-FDA Commissioner
had decided against approval of Plan B before FDA staff
could complete their analysis.
(D) In another sworn deposition contained in the
same court documents, one FDA official was told in
January 2004 by the FDA Deputy Commissioner that Plan B
needed to be rejected to ``appease the administration's
constituents''.
(E) In a letter and congressional testimony on
August 1, the FDA Commissioner recommended that the
appropriate age range for over-the-counter Plan B is 18
and older. This recommendation was established
arbitrarily and acknowledged by FDA as not supported by
scientific data.
(F) A former FDA Commissioner testified in a sworn
statement that he delayed approving over-the-counter
sales of Plan B to determine how to restrict sales to
young teens.
(G) A study in the Journal of Obstetrics &
Gynecology concluded that young women are able to use
Plan B ``effectively and safely without health care
provider intervention''.
(H) In November 2005, the Governmental
Accountability Office found that the May 2004 decision
to deny OTC status to Plan B emergency contraception
``was unusual'' in that the decision was made at a much
higher level within FDA than is usual practice, that
the decision overruled recommendations by several
levels of professional staff, and that the decision to
limit OTC access to only those over a certain age was
made prior to the completion of the regular review
process.
SEC. 3. OFFICE OF WOMEN'S HEALTH WITHIN FOOD AND DRUG ADMINISTRATION.
Section 903 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
392) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(2) in subsection (g) (as so redesignated), in paragraph
(1), by striking ``subsection (f)'' and inserting ``subsection
(g)''; and
(3) by inserting after subsection (e) the following
subsection:
``(f) Office of Women's Health.--
``(1) In general.--There is established within the Office
of the Commissioner an office to be known as the Office of
Women's Health (referred to in this subsection as the
`Office'). The Office shall be headed by a director, who shall
report directly to the Commissioner.
``(2) Duties.--With respect to activities of the Food and
Drug Administration that relate to women's health, the Director
of the Office shall--
``(A) assess the level of agency activity;
``(B) set short-range and long-range goals; and
``(C) be responsible for activities related to
prevention, research, education and training, service
delivery, and policy development.''.
SEC. 4. SCIENCE ON BREAST IMPLANTS.
Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 515
the following section:
``SEC. 515A. BREAST IMPLANTS.
``(a) Demonstration of Safety for Life of the Device.--In the case
of an application under section 515 for a breast implant, the Secretary
shall not find that a reasonable assurance of safety has been shown
under section 515(d)(2) unless the applicant involved has established
the lifetime of the implant, and demonstrates, prior to approval of the
application, that safety has been demonstrated for the life of the
implant.
``(b) Certain Product Requirements.--In approving an application
under section 515 for a breast implant, the Secretary shall determine
appropriate clinical care and removal and replacement requirements for
the implant, including appropriate coverage by government health care
systems. In addition, the life of the implant and follow-up care and
removal requirements of the implant shall be clearly defined in all
materials, including labeling, patient information, and marketing
materials.
``(c) Report to Congress Regarding Approval.--Not later than 30
days after approving an application under section 515 regarding a
breast implant, the Secretary shall submit to the Congress a report
that summarizes the findings of the Secretary with respect to the
safety and effectiveness of the implant, including the finding under
subsection (a).
``(d) Breast Implant Advisory Committees.--With respect to
membership on any advisory committee of the Food and Drug
Administration (including any subcommittee or panel thereof) that
considers issues concerning breast implants, the following applies:
``(1) The Secretary may not grant any exemptions for
conflicts related to personal financial interests.
``(2) Before adding a member to the committee, the
Secretary shall post a notice on the Internet site of such
Administration that the individual involved will become a
member of the committee. The notice shall include a summary of
the professional and educational background of the individual.
``(3) The individual may not serve at any meeting of the
committee until 30 days after the notice is posted on such
site.
``(e) Study on the Ionization of Platinum.--The Secretary shall
provide for a study on the ionization and levels of platinum in
silicone breast implants, analyzing the platinum found in silicone gel
breast implants in vivo as well as levels and ionization found in the
women's tissues, breast milk, and other bodily fluids. The study shall
also report the potential short-term and long-term risks of the
presence of platinum or platinum salts. The Secretary shall establish a
panel of independent scientists, including scientists from the Centers
for Disease Control and Prevention and the National Institutes of
Health, for the purpose of designing and conducting the study.
``(f) Definition.--For purposes of this section, the term `breast
implant' means a device intended to be implanted to augment or
reconstruct the female breast that contains a filler material comprised
of a substance or substances other than sterile isotonic saline.''.
SEC. 5. SCIENTIFIC WORKSHOP ON USE OF EMERGENCY CONTRACEPTION BY WOMEN
UNDER AGE 18.
The Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall convene a scientific workshop
within six months after the date of the enactment of this Act to review
and evaluate current scientific data on the use of emergency
contraception by females of childbearing potential under the age of 18.
The scientific workshop shall--
(1) address the scientific questions identified in the
recent limited approval of Plan B emergency contraception; and
(2) include among the participants in the workshop--
(A) scientific and clinical representatives from
the American Academy of Pediatrics, the American
College of Obstetricians and Gynecologists, the Society
of Adolescent Medicine, the American Medical
Association, the National Institutes of Health, and the
Agency for Healthcare Research and Quality;
(B) scientific and clinical researchers who have
carried out research on use of contraceptives,
including emergency contraceptives, by women under the
age of 18; and
(C) the appropriate review divisions of the Food
and Drug Administration and the professional scientific
and clinical staff within such divisions.
|
FDA Scientific Fairness for Women Act - Amends the Federal Food, Drug, and Cosmetic Act to establish the Office of Women's Health within the Office of the Commissioner of the Food and Drug Administration (FDA). Prohibits the Secretary of Health and Human Services from finding that a reasonable assurance of safety has been shown for an application for premarket approval for a class III device for a breast implant unless the applicant involved has established the lifetime of the implant and demonstrates that safety has been demonstrated for the life of the implant. Requires the Secretary to determine appropriate clinical care and removal and replacement requirements for the implant, including appropriate coverage by government health care systems. Sets forth provisions governing any FDA advisory committee that considers issues concerning breast implants, including that the Secretary may not grant any exemption for conflicts related to personal financial interests. Requires the Secretary to: (1) provide for a study on the ionization and levels of platinum in silicone breast implants. And (2) establish a panel of independent scientists for the purpose of designing and conducting the study. Requires the Secretary, acting through the Commissioner of Food and Drugs, to convene a scientific workshop to review and evaluate current scientific data on the use of emergency contraception by females of childbearing potential under the age of 18, including scientific questions identified in the recent limited approval of Plan B emergency contraception.
|
To amend the Federal Food, Drug, and Cosmetic Act with respect to the Office of Women's Health and the regulation of breast implants, and to provide for a scientific workshop on the use of emergency contraception by women under age 18.
| 13,105
| 1,563
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "FDA Scientific Fairness for Women Act". <SECTION-HEADER> FINDINGS. The Congress finds as follows: With respect to the Office of Women's Health within the Food and Drug Administration: When first established, the Office reported directly to the Commissioner of Food and Drugs. In the current organization of the Food and Drug Administration ("FDA"), the Office of Women's Health is located at the second level reporting within the Office of the Commissioner and is within the Office of Science and Health Coordination. With respect to the regulation by the FDA of silicone breast implants: In a draft guidance issued in January 2004, the FDA asked manufacturers of such implants to describe the rates of implant rupture over the lifetime of the product, to describe the incidence of gel migration resulting from ruptures. And to characterize the health consequences of ruptures and associated migration. The manufacturers of silicone breast implants have not complied with that draft guidance for the specific implants in their premarket-approval applications. A study released by FDA researchers in 2000 reviewed silicone breast implants that were an average age of 17 years and concluded that 69 percent of the women had ruptures in one or more silicone breast implants, and 21 percent experienced gel migration outside the implant. Implant manufacturers have not established whether the implants in their premarket- approval applications would have similar or different failure rates and leakage after 17 years. In April 2005, a study published in the American Journal of Surgical Pathology focusing on gel migration found that 90 percent of the women studied who had silicone implants showed silicone droplets in their lymph nodes. The study also showed that 95 percent of these women had abnormal cells in their lymph nodes, compared with only 33 percent of women who had breast cancer surgery without the addition of silicone implants. In 2003, the US government entered into a settlement with breast implant manufacturers for reimbursement for medical expenses paid by the Federal Government for women harmed by silicone gel breast implants. FDA's Office of Criminal Investigations ("OCI") has investigated whether one manufacturer of breast implants submitted inaccurate data on ruptures in its application. The FDA OCI also is investigating allegations regarding whether that same manufacturer failed to ensure that their implants were used in compliance with FDA restrictions for the Adjunct Study. With respect to the applications submitted to the FDA by Barr Laboratories for approval of the contraceptive drug marketed as Plan B: The FDA rejected the first Plan B application in May 2004 because of concerns that easier access to Plan B might result in increased promiscuity among women under 16, despite studies disproving this contention. The FDA said it would not approve the Plan B application unless it included an age-based sales distinction. In response, Barr Laboratories submitted a new application to provide over-the-counter sales of plan B to women 16 years and older. More than one-year later, FDA expressed concern that the age-based sales distinction would present regulatory concerns, even though the amended application was the result of FDA's recommendations. According to court documents released on August 3, 2006, the director of FDA's Office of New Drugs learned early in 2004 that the then-FDA Commissioner had decided against approval of Plan B before FDA staff could complete their analysis. In another sworn deposition contained in the same court documents, one FDA official was told in January 2004 by the FDA Deputy Commissioner that Plan B needed to be rejected to "appease the administration's constituents". In a letter and congressional testimony on August 1, the FDA Commissioner recommended that the appropriate age range for over-the-counter Plan B is 18 and older. This recommendation was established arbitrarily and acknowledged by FDA as not supported by scientific data. A former FDA Commissioner testified in a sworn statement that he delayed approving over-the-counter sales of Plan B to determine how to restrict sales to young teens. A study in the Journal of Obstetrics Gynecology concluded that young women are able to use Plan B "effectively and safely without health care provider intervention". In November 2005, the Governmental Accountability Office found that the May 2004 decision to deny OTC status to Plan B emergency contraception "was unusual" in that the decision was made at a much higher level within FDA than is usual practice, that the decision overruled recommendations by several levels of professional staff, and that the decision to limit OTC access to only those over a certain age was made prior to the completion of the regular review process. <SECTION-HEADER> OFFICE OF WOMEN'S HEALTH WITHIN FOOD AND DRUG ADMINISTRATION. Section 903 of the Federal Food, Drug, and Cosmetic Act is amended by redesignating subsections (f) and (g) as subsections and (h), respectively. In subsection (g) , in paragraph , by striking "subsection (f)" and inserting "subsection ". And by inserting after subsection (e) the following subsection: Office of Women's Health. In general. There is established within the Office of the Commissioner an office to be known as the Office of Women's Health . The Office shall be headed by a director, who shall report directly to the Commissioner. Duties. With respect to activities of the Food and Drug Administration that relate to women's health, the Director of the Office shall assess the level of agency activity, set short-range and long-range goals. And be responsible for activities related to prevention, research, education and training, service delivery, and policy development.". <SECTION-HEADER> SCIENCE ON BREAST IMPLANTS. Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 515 the following section: "Section 515A. BREAST IMPLANTS. Demonstration of Safety for Life of the Device. In the case of an application under section 515 for a breast implant, the Secretary shall not find that a reasonable assurance of safety has been shown under section 515(d)(2) unless the applicant involved has established the lifetime of the implant, and demonstrates, prior to approval of the application, that safety has been demonstrated for the life of the implant. Certain Product Requirements. In approving an application under section 515 for a breast implant, the Secretary shall determine appropriate clinical care and removal and replacement requirements for the implant, including appropriate coverage by government health care systems. In addition, the life of the implant and follow-up care and removal requirements of the implant shall be clearly defined in all materials, including labeling, patient information, and marketing materials. Report to Congress Regarding Approval. Not later than 30 days after approving an application under section 515 regarding a breast implant, the Secretary shall submit to the Congress a report that summarizes the findings of the Secretary with respect to the safety and effectiveness of the implant, including the finding under subsection (a). Breast Implant Advisory Committees. With respect to membership on any advisory committee of the Food and Drug Administration that considers issues concerning breast implants, the following applies: The Secretary may not grant any exemptions for conflicts related to personal financial interests. Before adding a member to the committee, the Secretary shall post a notice on the Internet site of such Administration that the individual involved will become a member of the committee. The notice shall include a summary of the professional and educational background of the individual. The individual may not serve at any meeting of the committee until 30 days after the notice is posted on such site. Study on the Ionization of Platinum. The Secretary shall provide for a study on the ionization and levels of platinum in silicone breast implants, analyzing the platinum found in silicone gel breast implants in vivo as well as levels and ionization found in the women's tissues, breast milk, and other bodily fluids. The study shall also report the potential short-term and long-term risks of the presence of platinum or platinum salts. The Secretary shall establish a panel of independent scientists, including scientists from the Centers for Disease Control and Prevention and the National Institutes of Health, for the purpose of designing and conducting the study. Definition. For purposes of this section, the term `breast implant' means a device intended to be implanted to augment or reconstruct the female breast that contains a filler material comprised of a substance or substances other than sterile isotonic saline.". <SECTION-HEADER> SCIENTIFIC WORKSHOP ON USE OF EMERGENCY CONTRACEPTION BY WOMEN UNDER AGE 18. The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall convene a scientific workshop within six months after the date of the enactment of this Act to review and evaluate current scientific data on the use of emergency contraception by females of childbearing potential under the age of 18. The scientific workshop shall address the scientific questions identified in the recent limited approval of Plan B emergency contraception. And include among the participants in the workshop scientific and clinical representatives from the American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, the Society of Adolescent Medicine, the American Medical Association, the National Institutes of Health, and the Agency for Healthcare Research and Quality. Scientific and clinical researchers who have carried out research on use of contraceptives, including emergency contraceptives, by women under the age of 18. And the appropriate review divisions of the Food and Drug Administration and the professional scientific and clinical staff within such divisions.
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FDA Scientific Fairness for Women Act - Amends the Federal Food, Drug, and Cosmetic Act to establish the Office of Women's Health within the Office of the Commissioner of the Food and Drug Administration (FDA). Prohibits the Secretary of Health and Human Services from finding that a reasonable assurance of safety has been shown for an application for premarket approval for a class III device for a breast implant unless the applicant involved has established the lifetime of the implant and demonstrates that safety has been demonstrated for the life of the implant. Requires the Secretary to determine appropriate clinical care and removal and replacement requirements for the implant, including appropriate coverage by government health care systems. Sets forth provisions governing any FDA advisory committee that considers issues concerning breast implants, including that the Secretary may not grant any exemption for conflicts related to personal financial interests. Requires the Secretary to: (1) provide for a study on the ionization and levels of platinum in silicone breast implants. And (2) establish a panel of independent scientists for the purpose of designing and conducting the study. Requires the Secretary, acting through the Commissioner of Food and Drugs, to convene a scientific workshop to review and evaluate current scientific data on the use of emergency contraception by females of childbearing potential under the age of 18, including scientific questions identified in the recent limited approval of Plan B emergency contraception.
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To amend the Federal Food, Drug, and Cosmetic Act with respect to the Office of Women's Health and the regulation of breast implants, and to provide for a scientific workshop on the use of emergency contraception by women under age 18.
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107_hr1572
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Amnesty and Opportunity Act
of 2001''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN UNDOCUMENTED AND NONIMMIGRANT
ALIENS.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 210 the following new section:
``alien worker amnesty
``Sec. 210A. (a) Lawful Permanent Residence.--The Attorney General
shall adjust the status of an alien to that of an alien lawfully
admitted for permanent residence if the alien submits an application
and the Attorney General determines that the alien meets the following
requirements:
``(1) Presence in united states.--The alien maintained a
continuous physical presence in the United States for a period
of not less than 10 years immediately prior to the date of the
submission of an application under this section. For the
purposes of this section an alien shall be considered to have
failed to maintain continuous physical presence in the United
States for the purposes of this section if the alien has
departed from the United States for any period in excess of 90
days or for any periods in the aggregate exceeding 365 days.
``(2) Qualification.--The alien fulfills at least 1 of the
following qualifications:
``(A) Alien sponsored by a labor organization and
employed in an occupation with a worker shortage.--The
alien is employed in the United States in an occupation
which during the 2-year period prior to the date of the
submission of an application under this section has
experienced a shortage of workers and the application
of the alien under this section is sponsored by a labor
organization.
``(B) Alien eligible for admission as student at an
institution of higher education.--The alien is eligible
for admission as a student at an accredited institution
of higher education in the United States.
``(C) Age.--The alien has attained the age of 65
years.
``(3) Admissible as immigrant.--The alien is admissible to
the United States as an immigrant, except as otherwise provided
under subsection (b)(2).
``(b) Waiver of Numerical Limitations and Certain Grounds for
Exclusion.--
``(1) Numerical limitations.--The numerical limitations of
sections 201 and 202 shall not apply to the adjustment of
aliens to lawful permanent resident status under this section.
``(2) Grounds for exclusion.--With respect to the
determination of an alien's admissibility under subsection
(a)(3):
``(A) Not applicable.--The provisions of paragraphs
(6) and (7) of section 212(a) shall not apply.
``(B) Discretionary.--
``(i) In general.--Except as provided in
clause (ii), in the determination of such an
alien's admissibility, the Attorney General may
waive any other provision of section 212(a) in
the case of individual aliens for humanitarian
purposes, to assure family unity, or when it is
otherwise in the public interest.
``(ii) Grounds that may not be waived.--The
following provisions of section 212(a) may not
be waived by the Attorney General under clause
(i):
``(I) Paragraph (2)(A) and (2)(B)
(relating to criminals).
``(II) Paragraph (2)(C) (relating
to drug offenses), except for so much
of such paragraph as relates to a
single offense of simple possession of
30 grams or less of marihuana.
``(III) Paragraph (3) (relating to
security and related grounds), other
than subparagraph (E) thereof.
``(c) Temporary Stay of Exclusion or Deportation for Certain
Applicants.--The Attorney General shall provide that in the case of an
alien who presents a nonfrivolous application under subsection (a), and
until a final determination on the application has been made in
accordance with this section, the alien may not be excluded or
deported.
``(d) Temporary Work Authorization for Certain Applicants.--An
applicant under this section is not entitled to employment
authorization, but such authorization may be provided in the discretion
of the Attorney General.''.
(b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by inserting after the item relating to
section 210 the following new item:
``Sec. 210A. Alien worker amnesty.''.
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Worker Amnesty and Opportunity Act of 2001 - Amends the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens who are: (1) alien workers. (2) eligible for admission at a US institution of higher education, or (3) at least 65 years old.
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To amend the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens.
| 5,311
| 308
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Worker Amnesty and Opportunity Act of 2001". <SECTION-HEADER> ADJUSTMENT OF STATUS OF CERTAIN UNDOCUMENTED AND NONIMMIGRANT ALIENS. In General. The Immigration and Nationality Act is amended by inserting after section 210 the following new section: "alien worker amnesty "Section 210A. (a) Lawful Permanent Residence. The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien submits an application and the Attorney General determines that the alien meets the following requirements: Presence in united states. The alien maintained a continuous physical presence in the United States for a period of not less than 10 years immediately prior to the date of the submission of an application under this section. For the purposes of this section an alien shall be considered to have failed to maintain continuous physical presence in the United States for the purposes of this section if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 365 days. Qualification. The alien fulfills at least 1 of the following qualifications: Alien sponsored by a labor organization and employed in an occupation with a worker shortage. The alien is employed in the United States in an occupation which during the 2-year period prior to the date of the submission of an application under this section has experienced a shortage of workers and the application of the alien under this section is sponsored by a labor organization. Alien eligible for admission as student at an institution of higher education. The alien is eligible for admission as a student at an accredited institution of higher education in the United States. Age. The alien has attained the age of 65 years. Admissible as immigrant. The alien is admissible to the United States as an immigrant, except as otherwise provided under subsection (b)(2). Waiver of Numerical Limitations and Certain Grounds for Exclusion. Numerical limitations. The numerical limitations of sections 201 and 202 shall not apply to the adjustment of aliens to lawful permanent resident status under this section. Grounds for exclusion. With respect to the determination of an alien's admissibility under subsection (3): Not applicable. The provisions of paragraphs and (7) of section 212(a) shall not apply. Discretionary. In general. Except as provided in clause (ii), in the determination of such an alien's admissibility, the Attorney General may waive any other provision of section 212(a) in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Grounds that may not be waived. The following provisions of section 212(a) may not be waived by the Attorney General under clause : Paragraph (2)(A) and (2)(B) . Paragraph (2)(C) , except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana. Paragraph (3) , other than subparagraph (E) thereof. Temporary Stay of Exclusion or Deportation for Certain Applicants. The Attorney General shall provide that in the case of an alien who presents a nonfrivolous application under subsection (a), and until a final determination on the application has been made in accordance with this section, the alien may not be excluded or deported. Temporary Work Authorization for Certain Applicants. An applicant under this section is not entitled to employment authorization, but such authorization may be provided in the discretion of the Attorney General.". Clerical Amendment. The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 210 the following new item: "Section 210A. Alien worker amnesty.".
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Worker Amnesty and Opportunity Act of 2001 - Amends the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens who are: (1) alien workers. (2) eligible for admission at a US institution of higher education, or (3) at least 65 years old.
|
To amend the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens.
|
112_hr910
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Tax Prevention Act of 2011''.
SEC. 2. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.
Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended
by adding at the end the following:
``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.
``(a) Definition.--In this section, the term `greenhouse gas' means
any of the following:
``(1) Water vapor.
``(2) Carbon dioxide.
``(3) Methane.
``(4) Nitrous oxide.
``(5) Sulfur hexafluoride.
``(6) Hydrofluorocarbons.
``(7) Perfluorocarbons.
``(8) Any other substance subject to, or proposed to be
subject to, regulation, action, or consideration under this Act
to address climate change.
``(b) Limitation on Agency Action.--
``(1) Limitation.--
``(A) In general.--The Administrator may not, under
this Act, promulgate any regulation concerning, take
action relating to, or take into consideration the
emission of a greenhouse gas to address climate change.
``(B) Air pollutant definition.--The definition of
the term `air pollutant' in section 302(g) does not
include a greenhouse gas. Notwithstanding the previous
sentence, such definition may include a greenhouse gas
for purposes of addressing concerns other than climate
change.
``(2) Exceptions.--Paragraph (1) does not prohibit the
following:
``(A) Notwithstanding paragraph (4)(B),
implementation and enforcement of the rule entitled
`Light-Duty Vehicle Greenhouse Gas Emission Standards
and Corporate Average Fuel Economy Standards' (as
published at 75 Fed. Reg. 25324 (May 7, 2010) and
without further revision) and finalization,
implementation, enforcement, and revision of the
proposed rule entitled `Greenhouse Gas Emissions
Standards and Fuel Efficiency Standards for Medium- and
Heavy-Duty Engines and Vehicles' published at 75 Fed.
Reg. 74152 (November 30, 2010).
``(B) Implementation and enforcement of section
211(o).
``(C) Statutorily authorized Federal research,
development, demonstration programs and voluntary
programs addressing climate change.
``(D) Implementation and enforcement of title VI to
the extent such implementation or enforcement only
involves one or more class I substances or class II
substances (as such terms are defined in section 601).
``(E) Implementation and enforcement of section 821
(42 U.S.C. 7651k note) of Public Law 101-549 (commonly
referred to as the `Clean Air Act Amendments of 1990').
``(3) Inapplicability of provisions.--Nothing listed in
paragraph (2) shall cause a greenhouse gas to be subject to
part C of title I (relating to prevention of significant
deterioration of air quality) or considered an air pollutant
for purposes of title V (relating to permits).
``(4) Certain prior agency actions.--The following rules
and actions (including any supplement or revision to such rules
and actions) are repealed and shall have no legal effect:
``(A) `Mandatory Reporting of Greenhouse Gases',
published at 74 Fed. Reg. 56260 (October 30, 2009).
``(B) `Endangerment and Cause or Contribute
Findings for Greenhouse Gases Under Section 202(a) of
the Clean Air Act', published at 74 Fed. Reg. 66496
(December 15, 2009).
``(C) `Reconsideration of Interpretation of
Regulations That Determine Pollutants Covered by Clean
Air Act Permitting Programs', published at 75 Fed. Reg.
17004 (April 2, 2010) and the memorandum from Stephen
L. Johnson, Environmental Protection Agency (EPA)
Administrator, to EPA Regional Administrators,
concerning `EPA's Interpretation of Regulations that
Determine Pollutants Covered by Federal Prevention of
Significant Deterioration (PSD) Permit Program'
(December 18, 2008).
``(D) `Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule', published at 75
Fed. Reg. 31514 (June 3, 2010).
``(E) `Action To Ensure Authority To Issue Permits
Under the Prevention of Significant Deterioration
Program to Sources of Greenhouse Gas Emissions: Finding
of Substantial Inadequacy and SIP Call', published at
75 Fed. Reg. 77698 (December 13, 2010).
``(F) `Action To Ensure Authority To Issue Permits
Under the Prevention of Significant Deterioration
Program to Sources of Greenhouse Gas Emissions: Finding
of Failure To Submit State Implementation Plan
Revisions Required for Greenhouse Gases', published at
75 Fed. Reg. 81874 (December 29, 2010).
``(G) `Action to Ensure Authority To Issue Permits
Under the Prevention of Significant Deterioration
Program to Sources of Greenhouse Gas Emissions: Federal
Implementation Plan', published at 75 Fed. Reg. 82246
(December 30, 2010).
``(H) `Action to Ensure Authority to Implement
Title V Permitting Programs Under the Greenhouse Gas
Tailoring Rule', published at 75 Fed. Reg. 82254
(December 30, 2010).
``(I) `Determinations Concerning Need for Error
Correction, Partial Approval and Partial Disapproval,
and Federal Implementation Plan Regarding Texas
Prevention of Significant Deterioration Program',
published at 75 Fed. Reg. 82430 (December 30, 2010).
``(J) `Limitation of Approval of Prevention of
Significant Deterioration Provisions Concerning
Greenhouse Gas Emitting-Sources in State Implementation
Plans', published at 75 Fed. Reg. 82536 (December 30,
2010).
``(K) `Determinations Concerning Need for Error
Correction, Partial Approval and Partial Disapproval,
and Federal Implementation Plan Regarding Texas
Prevention of Significant Deterioration Program;
Proposed Rule', published at 75 Fed. Reg. 82365
(December 30, 2010).
``(L) Except for actions listed in paragraph (2),
any other Federal action under this Act occurring
before the date of enactment of this section that
applies a stationary source permitting requirement or
an emissions standard for a greenhouse gas to address
climate change.
``(5) State action.--
``(A) No limitation.--This section does not limit
or otherwise affect the authority of a State to adopt,
amend, enforce, or repeal State laws and regulations
pertaining to the emission of a greenhouse gas.
``(B) Exception.--
``(i) Rule.--Notwithstanding subparagraph
(A), any provision described in clause (ii)--
``(I) is not federally enforceable;
``(II) is not deemed to be a part
of Federal law; and
``(III) is deemed to be stricken
from the plan described in clause
(ii)(I) or the program or permit
described in clause (ii)(II), as
applicable.
``(ii) Provision defined.--For purposes of
clause (i), the term `provision' means any
provision that--
``(I) is contained in a State
implementation plan under section 110
and authorizes or requires a limitation
on, or imposes a permit requirement
for, the emission of a greenhouse gas
to address climate change; or
``(II) is part of an operating
permit program under title V, or a
permit issued pursuant to title V, and
authorizes or requires a limitation on
the emission of a greenhouse gas to
address climate change.
``(C) Action by administrator.--The Administrator
may not approve or make federally enforceable any
provision described in subparagraph (B)(ii).''.
SEC. 3. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.
Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is amended by
adding at the end the following:
``(4) With respect to standards for emissions of greenhouse gases
(as defined in section 330) for model year 2017 or any subsequent model
year new motor vehicles and new motor vehicle engines--
``(A) the Administrator may not waive application of
subsection (a); and
``(B) no waiver granted prior to the date of enactment of
this paragraph may be construed to waive the application of
subsection (a).''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) there is established scientific concern over warming of
the climate system based upon evidence from observations of
increases in global average air and ocean temperatures,
widespread melting of snow and ice, and rising global average
sea level;
(2) addressing climate change is an international issue,
involving complex scientific and economic considerations;
(3) the United States has a role to play in resolving
global climate change matters on an international basis; and
(4) Congress should fulfill that role by developing
policies that do not adversely affect the American economy,
energy supplies, and employment.
Passed the House of Representatives April 7, 2011.
Attest:
KAREN L. HAAS,
Clerk.
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Energy Tax Prevention Act of 2011 - Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas (GHG) to address climate change. Excludes GHGs from the definition of air pollutant for purposes of addressing climate change. Exempts from such prohibition: (1) implementation and enforcement of the rule, Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards and finalization, implementation, enforcement, and revision of the proposed rule, Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles, (2) implementation of the renewable fuel program. (3) statutorily authorized federal research, development, and demonstration programs and voluntary programs addressing climate change. (4) implementation and enforcement of stratospheric ozone protection to the extent that such implementation or enforcement only involves class I or II substances. And (5) implementation and enforcement of requirements for monitoring and reporting of carbon dioxide emissions. Provides that none of such exemptions shall cause a GHG to be subject to regulations relating to prevention of significant deterioration of air quality or considered an air pollutant for purposes of air pollution prevention and control permits. Repeals and makes ineffective the following rules and actions: Mandatory Reporting of Greenhouse Gases Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs and the memorandum, EPA's Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Failure To Submit State Implementation Plan Revisions Required for Greenhouse Gases Action to Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan Action to Ensure Authority to Implement Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program. Proposed Rule Any other federal action under such Act occurring before this Act's enactment that applies a stationary source permitting requirement or an emissions standard for a GHG to address climate change Prohibits the Administrator from waiving, and invalidates waivers given by the Administrator before the enactment of this Act, the ban on states from adopting or enforcing standards relating to the control of emissions from new motor vehicles or engines with respect to GHG emissions for model year 2017 or any subsequent model year. Expresses the sense of Congress that: (1) there is established scientific concern over warming of the climate system. (2) addressing climate change is an international issue, involving complex scientific and economic considerations. And (3) the United States has a role to play in resolving global climate change matters on an international basis. Urges Congress to fulfill such role by developing policies that do not adversely affect the American economy, energy supplies, and employment.
|
To amend the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas to address climate change, and for other purposes.
| 11,484
| 4,322
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Energy Tax Prevention Act of 2011". <SECTION-HEADER> NO REGULATION OF EMISSIONS OF GREENHOUSE GASES. Title III of the Clean Air Act is amended by adding at the end the following: "Section 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES. Definition. In this section, the term `greenhouse gas' means any of the following: Water vapor. Carbon dioxide. Methane. Nitrous oxide. Sulfur hexafluoride. Hydrofluorocarbons. Perfluorocarbons. Any other substance subject to, or proposed to be subject to, regulation, action, or consideration under this Act to address climate change. Limitation on Agency Action. Limitation. In general. The Administrator may not, under this Act, promulgate any regulation concerning, take action relating to, or take into consideration the emission of a greenhouse gas to address climate change. Air pollutant definition. The definition of the term `air pollutant' in section 302(g) does not include a greenhouse gas. Notwithstanding the previous sentence, such definition may include a greenhouse gas for purposes of addressing concerns other than climate change. Exceptions. Paragraph (1) does not prohibit the following: Notwithstanding paragraph (4)(B), implementation and enforcement of the rule entitled `Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards' (as published at 75 Fed. Reg. 25324 and finalization, implementation, enforcement, and revision of the proposed rule entitled `Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles' published at 75 Fed. Reg. 74152 . Implementation and enforcement of section 211(o). Statutorily authorized Federal research, development, demonstration programs and voluntary programs addressing climate change. Implementation and enforcement of title VI to the extent such implementation or enforcement only involves one or more class I substances or class II substances . Implementation and enforcement of section 821 of Public Law 101-549 . Inapplicability of provisions. Nothing listed in paragraph (2) shall cause a greenhouse gas to be subject to part C of title I or considered an air pollutant for purposes of title V . Certain prior agency actions. The following rules and actions are repealed and shall have no legal effect: `Mandatory Reporting of Greenhouse Gases', published at 74 Fed. Reg. 56260 . `Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act', published at 74 Fed. Reg. 66496 . `Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs', published at 75 Fed. Reg. 17004 and the memorandum from Stephen L. Johnson, Environmental Protection Agency (EPA) Administrator, to EPA Regional Administrators, concerning `EPA's Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program' . `Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg. 31514 . `Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call', published at 75 Fed. Reg. 77698 . `Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Failure To Submit State Implementation Plan Revisions Required for Greenhouse Gases', published at 75 Fed. Reg. 81874 . `Action to Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan', published at 75 Fed. Reg. 82246 . `Action to Ensure Authority to Implement Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg. 82254 . `Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program', published at 75 Fed. Reg. 82430 . `Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans', published at 75 Fed. Reg. 82536 . `Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program. Proposed Rule', published at 75 Fed. Reg. 82365 . Except for actions listed in paragraph (2), any other Federal action under this Act occurring before the date of enactment of this section that applies a stationary source permitting requirement or an emissions standard for a greenhouse gas to address climate change. State action. No limitation. This section does not limit or otherwise affect the authority of a State to adopt, amend, enforce, or repeal State laws and regulations pertaining to the emission of a greenhouse gas. Exception. Rule. Notwithstanding subparagraph , any provision described in clause (ii) is not federally enforceable, is not deemed to be a part of Federal law. And is deemed to be stricken from the plan described in clause (I) or the program or permit described in clause (ii)(II), as applicable. Provision defined. For purposes of clause (i), the term `provision' means any provision that is contained in a State implementation plan under section 110 and authorizes or requires a limitation on, or imposes a permit requirement for, the emission of a greenhouse gas to address climate change. Or is part of an operating permit program under title V, or a permit issued pursuant to title V, and authorizes or requires a limitation on the emission of a greenhouse gas to address climate change. Action by administrator. The Administrator may not approve or make federally enforceable any provision described in subparagraph (B)(ii).". <SECTION-HEADER> PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES. Section 209(b) of the Clean Air Act is amended by adding at the end the following: With respect to standards for emissions of greenhouse gases for model year 2017 or any subsequent model year new motor vehicles and new motor vehicle engines the Administrator may not waive application of subsection (a). And no waiver granted prior to the date of enactment of this paragraph may be construed to waive the application of subsection (a).". <SECTION-HEADER> SENSE OF CONGRESS. It is the sense of the Congress that there is established scientific concern over warming of the climate system based upon evidence from observations of increases in global average air and ocean temperatures, widespread melting of snow and ice, and rising global average sea level. Addressing climate change is an international issue, involving complex scientific and economic considerations. The United States has a role to play in resolving global climate change matters on an international basis. And Congress should fulfill that role by developing policies that do not adversely affect the American economy, energy supplies, and employment. Passed the House of Representatives April 7, 2011. Attest: KAREN L. HAAS, Clerk.
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Energy Tax Prevention Act of 2011 - Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas (GHG) to address climate change. Excludes GHGs from the definition of air pollutant for purposes of addressing climate change. Exempts from such prohibition: (1) implementation and enforcement of the rule, Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards and finalization, implementation, enforcement, and revision of the proposed rule, Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles, (2) implementation of the renewable fuel program. (3) statutorily authorized federal research, development, and demonstration programs and voluntary programs addressing climate change. (4) implementation and enforcement of stratospheric ozone protection to the extent that such implementation or enforcement only involves class I or II substances. And (5) implementation and enforcement of requirements for monitoring and reporting of carbon dioxide emissions. Provides that none of such exemptions shall cause a GHG to be subject to regulations relating to prevention of significant deterioration of air quality or considered an air pollutant for purposes of air pollution prevention and control permits. Repeals and makes ineffective the following rules and actions: Mandatory Reporting of Greenhouse Gases Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs and the memorandum, EPA's Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Failure To Submit State Implementation Plan Revisions Required for Greenhouse Gases Action to Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan Action to Ensure Authority to Implement Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program. Proposed Rule Any other federal action under such Act occurring before this Act's enactment that applies a stationary source permitting requirement or an emissions standard for a GHG to address climate change Prohibits the Administrator from waiving, and invalidates waivers given by the Administrator before the enactment of this Act, the ban on states from adopting or enforcing standards relating to the control of emissions from new motor vehicles or engines with respect to GHG emissions for model year 2017 or any subsequent model year. Expresses the sense of Congress that: (1) there is established scientific concern over warming of the climate system. (2) addressing climate change is an international issue, involving complex scientific and economic considerations. And (3) the United States has a role to play in resolving global climate change matters on an international basis. Urges Congress to fulfill such role by developing policies that do not adversely affect the American economy, energy supplies, and employment.
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To amend the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency from promulgating any regulation concerning, taking action relating to, or taking into consideration the emission of a greenhouse gas to address climate change, and for other purposes.
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114_hr3140
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accounting for Methane in Production
through Loophole Elimination with Oil and Gas Royalties'' or the
``AMPLE Oil and Gas Royalties Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Some of the mineral resources owned by the Federal
Government on behalf of United States taxpayers are being
developed inefficiently, costing taxpayers millions of dollars
in lost royalties, especially with respect to vented, flared,
and leaked natural gas. The Government Accountability Office
estimates that approximately 40 percent of natural gas could be
economically captured from Federal onshore leases, which would
increase Federal royalty payments by approximately $23,000,000
and reduce greenhouse gas emissions equivalent to up to 16.5
million metric tons of carbon dioxide, which is equivalent to
annual emissions from 3.1 million cars.
(2) Significant emissions of natural gas are associated
with oil and gas production and transportation, including oil
and gas produced on Federal lands. According to a University of
Maryland study, these emissions can negatively impact air
quality hundreds of miles away.
(3) Methane has a much greater impact on climate change
than carbon dioxide, and the methane emissions from oil and gas
production can greatly diminish the benefit of using natural
gas to help reduce the carbon intensity of the United States
fuel mix.
(4) Available control technologies exist to economically
capture a considerable amount of natural gas and resulting in
taxpayers being delivered the royalties they deserve.
(5) Requiring royalty payments on natural gas that is
currently flared, vented, unavoidably lost, and used for
beneficial purposes will lead to more efficient use of Federal
resources, reduce greenhouse gas emissions, and increase
royalty payments to the Federal Government.
SEC. 3. VOLUME ALLOCATION OF OIL AND GAS PRODUCTION.
(a) In General.--Section 111(k) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1721(k)) is amended to read as
follows:
``(k) Volume Allocation of Oil and Gas Production.--
``(1) In general.--Except as otherwise provided by this
subsection--
``(A) a lessee or its designee of a lease in a unit
or communitization agreement that contains only Federal
leases with the same royalty rate and funds
distribution shall report and pay royalties on oil and
gas production for each production month based on the
actual volume of oil and gas withdrawn from the
reservoir by or on behalf of that lessee, including all
oil and gas not sold by or on behalf of that lessee;
``(B) a lessee or its designee of a lease in any
other unit or communitization agreement shall report
and pay royalties on oil and gas production for each
production month based on the volume of oil and gas
produced from such agreement and allocated to the lease
in accordance with the terms of the agreement; and
``(C) a lessee or its designee of a lease that is
not contained in a unit or communitization agreement
shall report and pay royalties on oil and gas
production for each production month based on the
actual volume of oil and gas withdrawn from the
reservoir by or on behalf of that lessee, including all
oil and gas not sold by or on behalf of that lessee.
``(2) Definition.--In this subsection the term `oil and gas
withdrawn from the reservoir' means any oil and gas that is
produced, sold, vented, flared, used for beneficial purposes,
leaked, or otherwise emitted during production.''.
(b) Conforming Amendments.--The Mineral Leasing Act is amended--
(1) in section 17(b)(1)(A) (30 U.S.C. 226(b)(1)(A)), by
striking ``the production removed or sold from the lease'' and
inserting ``oil and gas withdrawn from the reservoir in
accordance with section 111(k) of the Federal Oil and Gas
Royalty Management Act of 1982'';
(2) in section 17(c)(1) (30 U.S.C. 226(c)(1)), by striking
``the production removed or sold from the lease'' and inserting
``oil and gas withdrawn from the reservoir in accordance with
section 111(k) of the Federal Oil and Gas Royalty Management
Act of 1982'';
(3) in section 31(e)(3) (30 U.S.C. 188(e)(3))--
(A) in subparagraph (A), by striking ``production
per well per day'' and inserting ``oil and gas
withdrawn from the reservoir per well per day in
accordance with section 111(k) of the Federal Oil and
Gas Royalty Management Act of 1982''; and
(B) in subparagraph (B), by striking ``all
production removed or sold from such lease'' and
inserting ``all oil and gas withdrawn from the
reservoir in accordance with section 111(k) of the
Federal Oil and Gas Royalty Management Act of 1982'';
and
(4) in section 31(f)(4) (30 U.S.C. 188(f)(4)), by striking
``production removed or sold from the oil placer mining claim''
and inserting ``oil and gas withdrawn from the reservoir in
accordance with section 111(k) of the Federal Oil and Gas
Royalty Management Act of 1982''.
(c) Application.--This section, including the amendments made by
this section, shall not apply with respect to any lease issued before
the date of the enactment of this Act.
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Accounting for Methane in Production through Loophole Elimination with Oil and Gas Royalties or the AMPLE Oil and Gas Royalties Act This bill amends the Federal Oil and Gas Royalty Management Act of 1982 to require, with respect to federal oil and gas leases, a lessee or its designee of a lease in a unit or communitization agreement that contains only federal leases with the same royalty rate and funds distribution, or a lessee or its designee of a lease that is not contained in a unit or communitization agreement, to report and pay royalties on oil and gas production each month based on the actual volume of oil and gas withdrawn from the reservoir by or on behalf of that lessee, including all oil and gas not sold by or on behalf of that lessee. quot, Oil and gas withdrawn from the reservoirquot. Is defined as any oil and gas that is produced, sold, vented, flared, used for beneficial purposes, leaked, or otherwise emitted during production.
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AMPLE Oil and Gas Royalties Act
| 6,172
| 955
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Accounting for Methane in Production through Loophole Elimination with Oil and Gas Royalties" or the "AMPLE Oil and Gas Royalties Act". <SECTION-HEADER> FINDINGS. The Congress finds the following: Some of the mineral resources owned by the Federal Government on behalf of United States taxpayers are being developed inefficiently, costing taxpayers millions of dollars in lost royalties, especially with respect to vented, flared, and leaked natural gas. The Government Accountability Office estimates that approximately 40 percent of natural gas could be economically captured from Federal onshore leases, which would increase Federal royalty payments by approximately $23,000,000 and reduce greenhouse gas emissions equivalent to up to 16.5 million metric tons of carbon dioxide, which is equivalent to annual emissions from 3.1 million cars. Significant emissions of natural gas are associated with oil and gas production and transportation, including oil and gas produced on Federal lands. According to a University of Maryland study, these emissions can negatively impact air quality hundreds of miles away. Methane has a much greater impact on climate change than carbon dioxide, and the methane emissions from oil and gas production can greatly diminish the benefit of using natural gas to help reduce the carbon intensity of the United States fuel mix. Available control technologies exist to economically capture a considerable amount of natural gas and resulting in taxpayers being delivered the royalties they deserve. Requiring royalty payments on natural gas that is currently flared, vented, unavoidably lost, and used for beneficial purposes will lead to more efficient use of Federal resources, reduce greenhouse gas emissions, and increase royalty payments to the Federal Government. <SECTION-HEADER> VOLUME ALLOCATION OF OIL AND GAS PRODUCTION. In General. Section 111(k) of the Federal Oil and Gas Royalty Management Act of 1982 (30 USC. 1721(k)) is amended to read as follows: Volume Allocation of Oil and Gas Production. In general. Except as otherwise provided by this subsection a lessee or its designee of a lease in a unit or communitization agreement that contains only Federal leases with the same royalty rate and funds distribution shall report and pay royalties on oil and gas production for each production month based on the actual volume of oil and gas withdrawn from the reservoir by or on behalf of that lessee, including all oil and gas not sold by or on behalf of that lessee. A lessee or its designee of a lease in any other unit or communitization agreement shall report and pay royalties on oil and gas production for each production month based on the volume of oil and gas produced from such agreement and allocated to the lease in accordance with the terms of the agreement. And a lessee or its designee of a lease that is not contained in a unit or communitization agreement shall report and pay royalties on oil and gas production for each production month based on the actual volume of oil and gas withdrawn from the reservoir by or on behalf of that lessee, including all oil and gas not sold by or on behalf of that lessee. Definition. In this subsection the term `oil and gas withdrawn from the reservoir' means any oil and gas that is produced, sold, vented, flared, used for beneficial purposes, leaked, or otherwise emitted during production.". Conforming Amendments. The Mineral Leasing Act is amended in section 17(b)(1)(A) (30 USC. 226(b)(1)(A)), by striking "the production removed or sold from the lease" and inserting "oil and gas withdrawn from the reservoir in accordance with section 111(k) of the Federal Oil and Gas Royalty Management Act of 1982". In section 17(c)(1) (30 USC. 226(c)(1)), by striking "the production removed or sold from the lease" and inserting "oil and gas withdrawn from the reservoir in accordance with section 111(k) of the Federal Oil and Gas Royalty Management Act of 1982". In section 31(e)(3) (30 USC. 188(e)(3)) in subparagraph (A), by striking "production per well per day" and inserting "oil and gas withdrawn from the reservoir per well per day in accordance with section 111(k) of the Federal Oil and Gas Royalty Management Act of 1982". And in subparagraph (B), by striking "all production removed or sold from such lease" and inserting "all oil and gas withdrawn from the reservoir in accordance with section 111(k) of the Federal Oil and Gas Royalty Management Act of 1982". And in section 31(f)(4) (30 USC. 188(f)(4)), by striking "production removed or sold from the oil placer mining claim" and inserting "oil and gas withdrawn from the reservoir in accordance with section 111(k) of the Federal Oil and Gas Royalty Management Act of 1982". Application. This section, including the amendments made by this section, shall not apply with respect to any lease issued before the date of the enactment of this Act.
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Accounting for Methane in Production through Loophole Elimination with Oil and Gas Royalties or the AMPLE Oil and Gas Royalties Act This bill amends the Federal Oil and Gas Royalty Management Act of 1982 to require, with respect to federal oil and gas leases, a lessee or its designee of a lease in a unit or communitization agreement that contains only federal leases with the same royalty rate and funds distribution, or a lessee or its designee of a lease that is not contained in a unit or communitization agreement, to report and pay royalties on oil and gas production each month based on the actual volume of oil and gas withdrawn from the reservoir by or on behalf of that lessee, including all oil and gas not sold by or on behalf of that lessee. quot, Oil and gas withdrawn from the reservoirquot. Is defined as any oil and gas that is produced, sold, vented, flared, used for beneficial purposes, leaked, or otherwise emitted during production.
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AMPLE Oil and Gas Royalties Act
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105_s1194
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Beneficiary Freedom To
Contract Act of 1997''.
SEC. 2. USE OF PRIVATE CONTRACTS BY MEDICARE BENEFICIARIES FOR
PROFESSIONAL SERVICES.
(a) In General.--Section 1802 of the Social Security Act (42 U.S.C.
1395a) is amended by striking subsection (b), as added by section
4507(a) of the Balanced Budget Act of 1997 (Public Law 105-33), and
inserting the following:
``(b) Clarification of Use of Private Contracts by Medicare
Beneficiaries for Professional Services.--
``(1) In general.--Nothing in this title shall prohibit a
medicare beneficiary from entering into a private contract with
a physician or health care practitioner for the provision of
medicare covered professional services (as defined in paragraph
(5)(C)) if--
``(A) the services are covered under a private
contract that is between the beneficiary and the
physician or practitioner and meets the requirements of
paragraph (2);
``(B) under the private contract no claim for
payment for services covered under the contract is to
be submitted (and no payment made) under part A or B,
under a contract under section 1876, or under a
Medicare+Choice plan (other than an MSA plan); and
``(C)(i) the Secretary has been provided with the
minimum information necessary to avoid any payment
under part A or B for services covered under the
contract, or
``(ii) in the case of an individual enrolled under
a contract under section 1876 or a Medicare+Choice plan
(other than an MSA plan) under part C, the eligible
organization under the contract or the Medicare+Choice
organization offering the plan has been provided the
minimum information necessary to avoid any payment
under such contract or plan for services covered under
the contract.
``(2) Requirements for private contracts.--The requirements
in this paragraph for a private contract between a medicare
beneficiary and a physician or health care practitioner are as
follows:
``(A) General form of contract.--The contract is in
writing and is signed by the medicare beneficiary.
``(B) No claims to be submitted for covered
services.--The contract provides that no party to the
contract (and no entity on behalf of any party to the
contract) shall submit any claim for (or request)
payment for services covered under the contract under
part A or B, under a contract under section 1876, or
under a Medicare+Choice plan (other than an MSA plan).
``(C) Scope of services.--The contract identifies
the medicare covered professional services and the
period (if any) to be covered under the contract, but
does not cover any services furnished--
``(i) before the contract is entered into;
or
``(ii) for the treatment of an emergency
medical condition (as defined in section
1867(e)(1)(A)), unless the contract was entered
into before the onset of the emergency medical
condition.
``(D) Clear disclosure of terms.--The contract
clearly indicates that by signing the contract the
medicare beneficiary--
``(i) agrees not to submit a claim (or to
request that anyone submit a claim) under part
A or B (or under section 1876 or under a
Medicare+Choice plan, other than an MSA plan)
for services covered under the contract;
``(ii) agrees to be responsible, whether
through insurance or otherwise, for payment for
such services and understands that no
reimbursement will be provided under such part,
contract, or plan for such services;
``(iii) acknowledges that no limits under
this title (including limits under paragraph
(1) and (3) of section 1848(g)) will apply to
amounts that may be charged for such services;
``(iv) acknowledges that medicare
supplemental policies under section 1882 do
not, and other supplemental health plans and
policies may elect not to, make payments for
such services because payment is not made under
this title; and
``(v) acknowledges that the beneficiary has
the right to have such services provided by (or
under the supervision of) other physicians or
health care practitioners for whom payment
would be made under such part, contract, or
plan.
Such contract shall also clearly indicate whether the
physician or practitioner involved is excluded from
participation under this title.
``(3) Modifications.--The parties to a private contract may
mutually agree at any time to modify or terminate the contract
on a prospective basis, consistent with the provisions of
paragraphs (1) and (2).
``(4) No requirements for services furnished to msa plan
enrollees.--The requirements of paragraphs (1) and (2) do not
apply to any contract or arrangement for the provision of
services to a medicare beneficiary enrolled in an MSA plan
under part C.
``(5) Definitions.--In this subsection:
``(A) Health care practitioner.--The term `health
care practitioner' means a practitioner described in
section 1842(b)(18)(C).
``(B) Medicare beneficiary.--The term `medicare
beneficiary' means an individual who is enrolled under
part B.
``(C) Medicare covered professional services.--The
term `medicare covered professional services' means--
``(i) physicians' services (as defined in
section 1861(q), and including services
described in section 1861(s)(2)(A)), and
``(ii) professional services of health care
practitioners, including services described in
section 1842(b)(18)(D),
for which payment may be made under part A or B, under
a contract under section 1876, or under a
Medicare+Choice plan but for the provisions of a
private contract that meets the requirements of
paragraph (2).
``(D) Medicare+choice plan; msa plan.--The terms
`Medicare+Choice plan' and `MSA plan' have the meanings
given such terms in section 1859.
``(E) Physician.--The term `physician' has the
meaning given such term in section 1861(r).''.
(b) Conforming Amendments Clarifying Exemption From Limiting Charge
and From Requirement for Submission of Claims.--Section 1848(g) of the
Social Security Act (42 U.S.C. 1395w-4(g)) is amended--
(1) in paragraph (1)(A), by striking ``In'' and inserting
``Subject to paragraph (8), in'';
(2) in paragraph (3)(A), by striking ``Payment'' and
inserting ``Subject to paragraph (8), payment'';
(3) in paragraph (4)(A), by striking ``For'' and inserting
``Subject to paragraph (8), for''; and
(4) by adding at the end the following new paragraph:
``(8) Exemption from requirements for services furnished
under private contracts.--
``(A) In general.--Pursuant to section 1802(b)(1),
paragraphs (1), (3), and (4) do not apply with respect
to physicians' services (and services described in
section 1861(s)(2)(A)) furnished to an individual by
(or under the supervision of) a physician if the
conditions described in section 1802(b)(1) are met with
respect to the services.
``(B) No restrictions for enrollees in msa plans.--
Such paragraphs do not apply with respect to services
furnished to individuals enrolled with MSA plans under
part C, without regard to whether the conditions
described in subparagraphs (A) through (C) of section
1802(b)(1) are met.
``(C) Application to enrollees in other plans.--
Subject to subparagraph (B) and section 1852(k)(2), the
provisions of subparagraph (A) shall apply in the case
of an individual enrolled under a contract under
section 1876 or under a Medicare+Choice plan (other
than an MSA plan) under part C, in the same manner as
they apply to individuals not enrolled under such a
contract or plan.''.
(c) Conforming Amendments.--
(1) Section 1842(b)(18) of the Social Security Act (42
U.S.C. 1395u(b)(18)) is amended by adding at the end the
following:
``(E) The provisions of section 1848(g)(8) shall apply with respect
to exemption from limitations on charges and from billing requirements
for services of health care practitioners described in this paragraph
in the same manner as such provisions apply to exemption from the
requirements referred to in section 1848(g)(8)(A) for physicians'
services.''.
(2) Section 1866(a)(1)(O) of such Act (42 U.S.C.
1395cc(a)(1)(O)), as amended by section 4002(e) of the Balanced
Budget Act of 1997, is amended by inserting ``(other than under
an MSA plan)'' after ``Medicare+Choice organization under part
C''.
(3) Section 4507(b) of the Balanced Budget Act of 1997
(Public Law 105-33; 111 Stat. 441) is amended--
(A) in the matter before paragraph (1), by striking
``on the program under this title of private contracts
entered into under the amendment made by subsection
(a)'' and inserting ``on title XVIII of the Social
Security Act of private contracts permitted under
section 1802(b) of such Act''; and
(B) in paragraph (2), by striking ``section 1802(b)
of such Act (as added by subsection (a))'' and
inserting ``such section''.
(d) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of section 4507 of the
Balanced Budget Act of 1997.
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Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.
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Medicare Beneficiary Freedom To Contract Act of 1997
| 11,731
| 453
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medicare Beneficiary Freedom To Contract Act of 1997". <SECTION-HEADER> USE OF PRIVATE CONTRACTS BY MEDICARE BENEFICIARIES FOR PROFESSIONAL SERVICES. In General. Section 1802 of the Social Security Act is amended by striking subsection (b), as added by section 4507(a) of the Balanced Budget Act of 1997 , and inserting the following: Clarification of Use of Private Contracts by Medicare Beneficiaries for Professional Services. In general. Nothing in this title shall prohibit a medicare beneficiary from entering into a private contract with a physician or health care practitioner for the provision of medicare covered professional services (as defined in paragraph (C)) if the services are covered under a private contract that is between the beneficiary and the physician or practitioner and meets the requirements of paragraph (2). Under the private contract no claim for payment for services covered under the contract is to be submitted under part A or B, under a contract under section 1876, or under a MedicareChoice plan. And (i) the Secretary has been provided with the minimum information necessary to avoid any payment under part A or B for services covered under the contract, or in the case of an individual enrolled under a contract under section 1876 or a MedicareChoice plan under part C, the eligible organization under the contract or the MedicareChoice organization offering the plan has been provided the minimum information necessary to avoid any payment under such contract or plan for services covered under the contract. Requirements for private contracts. The requirements in this paragraph for a private contract between a medicare beneficiary and a physician or health care practitioner are as follows: General form of contract. The contract is in writing and is signed by the medicare beneficiary. No claims to be submitted for covered services. The contract provides that no party to the contract shall submit any claim for payment for services covered under the contract under part A or B, under a contract under section 1876, or under a MedicareChoice plan . Scope of services. The contract identifies the medicare covered professional services and the period to be covered under the contract, but does not cover any services furnished before the contract is entered into. Or for the treatment of an emergency medical condition (as defined in section 1867(e)(1)(A)), unless the contract was entered into before the onset of the emergency medical condition. Clear disclosure of terms. The contract clearly indicates that by signing the contract the medicare beneficiary agrees not to submit a claim under part A or B for services covered under the contract. Agrees to be responsible, whether through insurance or otherwise, for payment for such services and understands that no reimbursement will be provided under such part, contract, or plan for such services. Acknowledges that no limits under this title (including limits under paragraph and (3) of section 1848(g)) will apply to amounts that may be charged for such services. Acknowledges that medicare supplemental policies under section 1882 do not, and other supplemental health plans and policies may elect not to, make payments for such services because payment is not made under this title. And acknowledges that the beneficiary has the right to have such services provided by other physicians or health care practitioners for whom payment would be made under such part, contract, or plan. Such contract shall also clearly indicate whether the physician or practitioner involved is excluded from participation under this title. Modifications. The parties to a private contract may mutually agree at any time to modify or terminate the contract on a prospective basis, consistent with the provisions of paragraphs (1) and (2). No requirements for services furnished to msa plan enrollees. The requirements of paragraphs (1) and (2) do not apply to any contract or arrangement for the provision of services to a medicare beneficiary enrolled in an MSA plan under part C. Definitions. In this subsection: Health care practitioner. The term `health care practitioner' means a practitioner described in section 1842(b)(18)(C). Medicare beneficiary. The term `medicare beneficiary' means an individual who is enrolled under part B. Medicare covered professional services. The term `medicare covered professional services' means physicians' services (as defined in section 1861(q), and including services described in section 1861(s)(2)(A)), and professional services of health care practitioners, including services described in section 1842(b)(18)(D), for which payment may be made under part A or B, under a contract under section 1876, or under a MedicareChoice plan but for the provisions of a private contract that meets the requirements of paragraph (2). Medicarechoice plan. Msa plan. The terms `MedicareChoice plan' and `MSA plan' have the meanings given such terms in section 1859. Physician. The term `physician' has the meaning given such term in section 1861(r).". Conforming Amendments Clarifying Exemption From Limiting Charge and From Requirement for Submission of Claims. Section 1848(g) of the Social Security Act (42 USC. 1395w-4(g)) is amended in paragraph (1)(A), by striking "In" and inserting "Subject to paragraph (8), in". In paragraph (3)(A), by striking "Payment" and inserting "Subject to paragraph (8), payment". In paragraph (4)(A), by striking "For" and inserting "Subject to paragraph (8), for". And by adding at the end the following new paragraph: Exemption from requirements for services furnished under private contracts. In general. Pursuant to section 1802(b)(1), paragraphs (1), (3), and (4) do not apply with respect to physicians' services (and services described in section 1861(s)(2)(A)) furnished to an individual by a physician if the conditions described in section 1802(b)(1) are met with respect to the services. No restrictions for enrollees in msa plans. Such paragraphs do not apply with respect to services furnished to individuals enrolled with MSA plans under part C, without regard to whether the conditions described in subparagraphs (A) through (C) of section 1802(b)(1) are met. Application to enrollees in other plans. Subject to subparagraph (B) and section 1852(k)(2), the provisions of subparagraph (A) shall apply in the case of an individual enrolled under a contract under section 1876 or under a MedicareChoice plan under part C, in the same manner as they apply to individuals not enrolled under such a contract or plan.". Conforming Amendments. Section 1842(b)(18) of the Social Security Act (42 USC. 1395u(b)(18)) is amended by adding at the end the following: The provisions of section 1848(g)(8) shall apply with respect to exemption from limitations on charges and from billing requirements for services of health care practitioners described in this paragraph in the same manner as such provisions apply to exemption from the requirements referred to in section 1848(g)(8)(A) for physicians' services.". Section 1866(a)(1)(O) of such Act (42 USC. 1395cc(a)(1)(O)), as amended by section 4002(e) of the Balanced Budget Act of 1997, is amended by inserting "" after "MedicareChoice organization under part C". Section 4507(b) of the Balanced Budget Act of 1997 is amended in the matter before paragraph (1), by striking "on the program under this title of private contracts entered into under the amendment made by subsection " and inserting "on title XVIII of the Social Security Act of private contracts permitted under section 1802(b) of such Act". And in paragraph (2), by striking "section 1802(b) of such Act (as added by subsection (a))" and inserting "such section". Effective Date. The amendments made by this section shall be effective as if included in the enactment of section 4507 of the Balanced Budget Act of 1997.
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Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.
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Medicare Beneficiary Freedom To Contract Act of 1997
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111_s1172
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rubbish to Renewables Act of 2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) municipal solid waste, a plentiful resource, can be a
substantial source of clean, renewable energy;
(2) by collecting methane produced by landfills and
converting the methane into productive energy, landfills can
contribute significantly to the reduction of greenhouse gas
emissions;
(3) clean energy policy of the United States should fully
recognize and support the ability of landfills to provide clean
energy and contribute to the reduction of greenhouse gas
emissions;
(4) further investment is needed to promote new
technologies and develop new processes for the conversion of
municipal solid waste into clean, renewable energy; and
(5) investment in municipal solid waste clean energy
projects can create jobs, reduce greenhouse gas emissions, and
lessen the dependence of the United States on foreign oil.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible project.--
(A) In general.--The term ``eligible project''
means a project carried out to produce clean, renewable
energy from municipal solid waste (including from
methane generated from a municipal solid waste
landfill) that reduces greenhouse gas emissions
substantially more than the flaring of landfill gas, as
determined by the Secretary.
(B) Inclusions.--The term ``eligible project''
includes projects described in subparagraph (A) that
use technologies such as anaerobic digestion, plasma
arc, or thermal gasification (including pyrolysis).
(C) Exclusions.--The term ``eligible project'' does
not include a project described in subparagraph (A)
that uses an oxidizing technology, such as combustion
or incineration.
(2) Greenhouse gas.--The term ``greenhouse gas'' means any
of--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) sulfur hexafluoride;
(E) a perfluorocarbon; or
(F) a hydrofluorocarbon.
(3) Municipal solid waste.--
(A) In general.--The term ``municipal solid waste''
means--
(i) material discarded for disposal by--
(I) households (including single
and multifamily residences); and
(II) public lodgings, such as
hotels and motels; and
(ii) material discarded for disposal that
was generated by commercial, institutional, and
industrial sources, to the extent that the
material--
(I)(aa) is essentially the same as
material described in clause (i); or
(bb) is collected or disposed of
with material described in clause (i)
as part of a normal municipal solid
waste collection service; and
(II) is not subject to regulation
as a hazardous waste under subtitle C
of the Solid Waste Disposal Act (42
U.S.C. 6921 et seq.).
(B) Inclusions.--The term ``municipal solid waste''
includes--
(i) appliances;
(ii) clothing;
(iii) consumer product packaging;
(iv) cosmetics;
(v) debris resulting from construction,
remodeling, repair, or demolition of a
structure;
(vi) disposable diapers;
(vii) food containers made of glass or
metal;
(viii) food waste;
(ix) household hazardous waste;
(x) office supplies;
(xi) paper; and
(xii) yard waste.
(C) Exclusions.--The term ``municipal solid waste''
does not include--
(i) solid waste identified or listed as a
hazardous waste under section 3001 of the Solid
Waste Disposal Act (42 U.S.C. 6921), except for
household hazardous waste;
(ii) solid waste, including contaminated
soil and debris, resulting from--
(I) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604,
9606);
(II) a response action taken under
a State law with authorities comparable
to the authorities contained in either
of those sections; or
(III) a corrective action taken
under the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
(iii) recyclable material--
(I) that has been separated, at the
source of the material, from waste
destined for disposal; or
(II) that has been managed
separately from waste destined for
disposal, including scrap rubber to be
used as a fuel source;
(iv) a material or product returned from a
dispenser or distributor to the manufacturer or
an agent of the manufacturer for credit,
evaluation, and possible potential reuse;
(v) solid waste that is--
(I) generated by an industrial
facility; and
(II) transported for the purpose of
treatment, storage, or disposal to a
facility (which facility is in
compliance with applicable State and
local land use and zoning laws and
regulations) or facility unit--
(aa) that is owned or
operated by the generator of
the waste;
(bb) that is located on
property owned by the generator
of the waste or a company with
which the generator is
affiliated; or
(cc) the capacity of which
is contractually dedicated
exclusively to a specific
generator;
(vi) medical waste that is segregated from
or not mixed with solid waste; or
(vii) combustion ash generated by a
resource recovery facility or municipal
incinerator.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Solid waste.--The term ``solid waste'' has the meaning
given the term in section 1004 of the Solid Waste Disposal Act
(42 U.S.C. 6903).
SEC. 4. GRANTS FOR DEVELOPMENT AND IMPLEMENTATION.
(a) Establishment.--The Secretary shall establish a program under
which the Secretary shall provide grants to eligible entities (as
identified by the Secretary) for use in funding eligible projects--
(1) to position the United States as a world leader in
technologies that generate renewable energy from municipal
solid waste;
(2) to assist entities in the United States in developing
and implementing those technologies;
(3) to generate clean energy jobs;
(4) to reduce greenhouse gas emissions; and
(5) to conserve scarce landfill space.
(b) Application.--An entity that seeks to receive a grant under
this section shall submit to the Secretary an application at such time
and containing such information as the Secretary shall require.
(c) Maximum Amount of Grant.--A grant provided by the Secretary to
an eligible entity under this section shall not exceed $10,000,000.
(d) Priority.--In providing grants under this section, the
Secretary shall prioritize grant applications based on, with respect to
project proposed to be carried out in the application--
(1) the quantity of renewable energy the project would
generate;
(2) the quantity of greenhouse gas emission reductions over
and above current best available technology;
(3) whether the technology required for the proposed
project is not yet widely implemented in the United States;
(4) whether the technology has a high potential for
replication;
(5) the quantity of landfill space the project would
preserve; and
(6) the number of jobs that would be created.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000,000 for each of fiscal
years 2010 through 2013.
SEC. 5. REDUCING GREENHOUSE GAS EMISSIONS THROUGH LANDFILLS.
(a) Additionality.--Under any legislation enacted after the date of
enactment of this Act to regulate the emission of greenhouse gases that
includes a cap-and-trade system, a landfill gas control measure that
reduces the emission of a greenhouse gas at a level greater than
required under Federal, State, or local laws (including regulations)
used for that reduction shall be considered to meet additionality
criteria under that legislation.
(b) Domestic Offsets.--If a landfill gas control measure described
in subsection (a) meets criteria under legislation described in that
subsection to qualify as a domestic offset, the domestic offset shall
be at a level that is equal to the quantity of greenhouse gases emitted
that is less than the baseline quantity of the greenhouse gases
emitted.
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Rubbish to Renewables Act of 2009 - Directs the Secretary of Energy to establish a grant program to fund projects to develop and implement technologies to generate renewable energy from municipal solid waste, generate clean energy jobs, reduce greenhouse gas emissions, and conserve landfill space. Provides that a landfill gas control measure in cap-and-trade legislation enacted after the enactment of this Act that reduces greenhouse gas emissions at a level greater than required under federal, state, or local laws shall be considered to meet additionality criteria under that legislation.
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A bill to direct the Secretary of Energy to establish a grant program to facilitate the production of clean, renewable energy from municipal solid waste, and for other purposes.
| 11,594
| 594
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Rubbish to Renewables Act of 2009". <SECTION-HEADER> FINDINGS. Congress finds that municipal solid waste, a plentiful resource, can be a substantial source of clean, renewable energy. By collecting methane produced by landfills and converting the methane into productive energy, landfills can contribute significantly to the reduction of greenhouse gas emissions. Clean energy policy of the United States should fully recognize and support the ability of landfills to provide clean energy and contribute to the reduction of greenhouse gas emissions. Further investment is needed to promote new technologies and develop new processes for the conversion of municipal solid waste into clean, renewable energy. And investment in municipal solid waste clean energy projects can create jobs, reduce greenhouse gas emissions, and lessen the dependence of the United States on foreign oil. <SECTION-HEADER> DEFINITIONS. In this Act: Eligible project. In general. The term "eligible project" means a project carried out to produce clean, renewable energy from municipal solid waste that reduces greenhouse gas emissions substantially more than the flaring of landfill gas, as determined by the Secretary. Inclusions. The term "eligible project" includes projects described in subparagraph (A) that use technologies such as anaerobic digestion, plasma arc, or thermal gasification . Exclusions. The term "eligible project" does not include a project described in subparagraph (A) that uses an oxidizing technology, such as combustion or incineration. Greenhouse gas. The term "greenhouse gas" means any of carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, a perfluorocarbon. Or a hydrofluorocarbon. Municipal solid waste. In general. The term "municipal solid waste" means material discarded for disposal by households, and public lodgings, such as hotels and motels. And material discarded for disposal that was generated by commercial, institutional, and industrial sources, to the extent that the material (aa) is essentially the same as material described in clause (i). Or is collected or disposed of with material described in clause (i) as part of a normal municipal solid waste collection service. And is not subject to regulation as a hazardous waste under subtitle C of the Solid Waste Disposal Act . Inclusions. The term "municipal solid waste" includes appliances, clothing, consumer product packaging, cosmetics. Debris resulting from construction, remodeling, repair, or demolition of a structure, disposable diapers, food containers made of glass or metal, food waste, household hazardous waste, office supplies, paper. And yard waste. Exclusions. The term "municipal solid waste" does not include solid waste identified or listed as a hazardous waste under section 3001 of the Solid Waste Disposal Act , except for household hazardous waste. Solid waste, including contaminated soil and debris, resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act. A response action taken under a State law with authorities comparable to the authorities contained in either of those sections. Or a corrective action taken under the Solid Waste Disposal Act. Recyclable material that has been separated, at the source of the material, from waste destined for disposal. Or that has been managed separately from waste destined for disposal, including scrap rubber to be used as a fuel source. A material or product returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible potential reuse, solid waste that is generated by an industrial facility. And transported for the purpose of treatment, storage, or disposal to a facility or facility unit that is owned or operated by the generator of the waste. That is located on property owned by the generator of the waste or a company with which the generator is affiliated. Or the capacity of which is contractually dedicated exclusively to a specific generator. Medical waste that is segregated from or not mixed with solid waste. Or combustion ash generated by a resource recovery facility or municipal incinerator. Secretary. The term "Secretary" means the Secretary of Energy. Solid waste. The term "solid waste" has the meaning given the term in section 1004 of the Solid Waste Disposal Act . <SECTION-HEADER> GRANTS FOR DEVELOPMENT AND IMPLEMENTATION. Establishment. The Secretary shall establish a program under which the Secretary shall provide grants to eligible entities for use in funding eligible projects to position the United States as a world leader in technologies that generate renewable energy from municipal solid waste. To assist entities in the United States in developing and implementing those technologies, to generate clean energy jobs, to reduce greenhouse gas emissions. And to conserve scarce landfill space. Application. An entity that seeks to receive a grant under this section shall submit to the Secretary an application at such time and containing such information as the Secretary shall require. Maximum Amount of Grant. A grant provided by the Secretary to an eligible entity under this section shall not exceed $10,000,000. Priority. In providing grants under this section, the Secretary shall prioritize grant applications based on, with respect to project proposed to be carried out in the application the quantity of renewable energy the project would generate. The quantity of greenhouse gas emission reductions over and above current best available technology. Whether the technology required for the proposed project is not yet widely implemented in the United States, whether the technology has a high potential for replication, the quantity of landfill space the project would preserve. And the number of jobs that would be created. Authorization of Appropriations. There is authorized to be appropriated to carry out this section $250,000,000 for each of fiscal years 2010 through 2013. <SECTION-HEADER> REDUCING GREENHOUSE GAS EMISSIONS THROUGH LANDFILLS. Additionality. Under any legislation enacted after the date of enactment of this Act to regulate the emission of greenhouse gases that includes a cap-and-trade system, a landfill gas control measure that reduces the emission of a greenhouse gas at a level greater than required under Federal, State, or local laws used for that reduction shall be considered to meet additionality criteria under that legislation. Domestic Offsets. If a landfill gas control measure described in subsection (a) meets criteria under legislation described in that subsection to qualify as a domestic offset, the domestic offset shall be at a level that is equal to the quantity of greenhouse gases emitted that is less than the baseline quantity of the greenhouse gases emitted.
|
Rubbish to Renewables Act of 2009 - Directs the Secretary of Energy to establish a grant program to fund projects to develop and implement technologies to generate renewable energy from municipal solid waste, generate clean energy jobs, reduce greenhouse gas emissions, and conserve landfill space. Provides that a landfill gas control measure in cap-and-trade legislation enacted after the enactment of this Act that reduces greenhouse gas emissions at a level greater than required under federal, state, or local laws shall be considered to meet additionality criteria under that legislation.
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A bill to direct the Secretary of Energy to establish a grant program to facilitate the production of clean, renewable energy from municipal solid waste, and for other purposes.
|
108_hr445
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Preservation Matching Grant
Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) more than 55,300 affordable housing dwelling units in
the United States have been lost through termination of low
income affordability requirements, which usually involves the
prepayment of the outstanding principal balance under the
mortgage on the project in which such units are located;
(2) more than 265,000 affordable housing dwelling units in
the United States are currently at risk of prepayment;
(3) the loss of the privately owned, federally assisted
affordable housing, which is occurring during a period when
rents for unassisted housing are increasing and few units of
additional affordable housing are being developed, will cause
unacceptable harm on current tenants of affordable housing and
will precipitate a national crisis in the supply of housing for
low-income households;
(4) the demand for affordable housing far exceeds the
supply of such housing, as evidenced by studies in 1998 that
found that--
(A) 5,300,000 households (one-seventh of all
renters in the Nation) have worst-case housing needs;
and
(B) the number of families with at least one full-
time worker and having worst-case housing needs
increased from 1991 to 1995 by 265,000 (24 percent) to
almost 1,400,000;
(5) the shortage of affordable housing in the United States
reached a record high in 1995, when the number of low-income
households exceeded the number of low-cost rental dwelling
units by 4,400,000;
(6) between 1990 and 1995, the shortage of affordable
housing in the United States increased by 1,000,000 dwelling
units, as the supply of low-cost units decreased by 100,000 and
the number of low-income renter households increased by
900,000;
(7) there are nearly 2 low-income renters in the United
States for every low-cost rental dwelling unit;
(8) 2 of every 3 low-income renters receive no housing
assistance and about 2,000,000 low-income households remain on
waiting lists for affordable housing;
(9) the shortage of affordable housing dwelling units
results in low-income households that are not able to acquire
low-cost rental units paying large proportions of their incomes
for rent; and
(10) in 1995, 82 percent of low-income renter households
were paying more than 30 percent of their incomes for rent and
utilities.
(b) Purpose.--It is the purpose of this Act--
(1) to promote the preservation of affordable housing units
by providing matching grants to States that have developed and
funded programs for the preservation of privately owned housing
that is affordable to low-income families and persons and was
produced for such purpose with Federal assistance;
(2) to minimize the involuntary displacement of tenants who
are currently residing in such housing, many of whom are
elderly or disabled persons; and
(3) to continue the partnerships among the Federal
Government, State and local governments, and the private sector
in operating and assisting housing that is affordable to low-
income Americans.
SEC. 3. AUTHORITY.
The Secretary of Housing and Urban Development shall, to the
extent amounts are made available pursuant to section 11, make grants
under this Act to States for low-income housing preservation.
SEC. 4. USE OF GRANTS.
(a) In General.--Amounts from grants under this Act may be used
only for assistance for acquisition, preservation incentives, operating
costs, and capital expenditures for a housing project that meets the
requirements under subsection (b), (c), or (d).
(b) Projects With Hud-Insured Mortgages.--A project meets the
requirements under this subsection only if--
(1) the project is financed by a loan or mortgage that is--
(A) insured or held by the Secretary under section
221(d)(3) of the National Housing Act and receiving
loan management assistance under section 8 of the
United States Housing Act of 1937 due to a conversion
from section 101 of the Housing and Urban Development
Act of 1965;
(B) insured or held by the Secretary and bears
interest at a rate determined under the proviso of
section 221(d)(5) of the National Housing Act;
(C) insured, assisted, or held by the Secretary or
a State or State agency under section 236 of the
National Housing Act; or
(D) held by the Secretary and formerly insured
under a program referred to in subparagraph (A), (B),
or (C);
(2) the project is subject to an unconditional waiver of,
with respect to the mortgage referred to in paragraph (1)--
(A) all rights to any prepayment of the mortgage;
and
(B) all rights to any voluntary termination of the
mortgage insurance contract for the mortgage; and
(3) the owner of the project has entered into binding
commitments (applicable to any subsequent owner) to extend all
low-income affordability restrictions for the project,
including any such restrictions imposed because of any contract
for project-based assistance for the project.
(c) Projects With Section 8 Project-Based Assistance.--A project
meets the requirements under this subsection only if--
(1) the project is subject to a contract for project-based
assistance; and
(2) the owner of the project has entered into binding
commitments (applicable to any subsequent owner) to extend such
assistance for the maximum period allowable under law (subject
to the availability of amounts for such purpose) and to extend
any low-income affordability restrictions applicable to the
project in connection with such assistance.
(d) Projects Purchased by Residents.--A project meets the
requirements under this subsection only if the project--
(1) is or was eligible low-income housing (as such term is
defined in section 229 of the Low-Income Housing Preservation
and Resident Homeownership Act of 1990 (42 U.S.C. 4119); and
(2) has been purchased by a resident council for the
housing or is approved by the Secretary for such purchase, for
conversion to homeownership housing under a resident
homeownership program meeting the requirements under section
226 of such Act (12 U.S.C. 4116).
(e) Combination of Assistance.--Notwithstanding subsection (a), any
project that is otherwise eligible for assistance with grant amounts
provided under this Act because the project meets the requirements
under subsection (b) or (c) and that also meets the requirements under
paragraph (1) of the other of such subsections, shall be eligible for
such assistance only if the project complies with all of the
requirements under such other subsection.
SEC. 5. GRANT AMOUNT LIMITATION.
The Secretary shall limit the portion of the aggregate amount of
grants under this Act made available for any fiscal year that may be
provided to a single State based upon the proportion of such State's
need (as determined by the Secretary) for such assistance to the
aggregate need among all States approved for such assistance for such
fiscal year.
SEC. 6. MATCHING REQUIREMENT.
(a) In General.--The Secretary may not make a grant under this Act
to any State for any fiscal year in an amount that exceeds twice the
amount that the State certifies, as the Secretary shall require, that
the State will contribute for such fiscal year, or has contributed
since January 1, 2003, from non-Federal sources for the purposes under
section 4(a).
(b) Treatment of Previous Contributions.--Any portion of amounts
contributed after January 1, 2003, that are counted for purposes of
meeting the requirement under subsection (a) for a fiscal year may not
be counted for such purposes for any subsequent fiscal year.
(c) Treatment of Tax Credits.--Tax credits provided under section
42 of the internal revenue code of 1986 and proceeds from the sale of
tax-exempt bonds by any State or local government entity shall not be
considered non-Federal sources for purposes of this section
SEC. 7. TREATMENT OF SUBSIDY LAYERING REQUIREMENTS.
Neither section 6 nor any other provision of this Act may be
construed to prevent the use of tax credits provided under section 42
of the Internal Revenue Code of 1986 in connection with housing
assisted with grant amounts provided under this Act, to the extent that
such use is in accordance with section 102(d) of the Department of
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545(d))
and section 911 of the Housing and Community Development Act of 1992
(42 U.S.C. 3545 note).
SEC. 8. APPLICATIONS.
The Secretary shall provide for States (through appropriate State
agencies) to submit applications for grants under this Act. The
Secretary shall require the applications to contain any information and
certifications necessary for the Secretary to determine whether the
State is eligible to receive such a grant.
SEC. 9. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Low-income affordability restrictions.--The term ``low-
income affordability restrictions'' means, with respect to a
housing project, any limitations imposed by regulation or
regulatory agreement on rents for tenants of the project, rent
contributions for tenants of the project, or income-eligibility
for occupancy in the project.
(2) Project-based assistance.--The term ``project-based
assistance'' has the meaning given such term in section 16(c)
of the United States Housing Act of 1937 (42 U.S.C. 1437n(c)),
except that such term includes assistance under any successor
programs to the programs referred to in such section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(4) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
SEC. 10. REGULATIONS.
The Secretary may issue any regulations necessary to carry out
this Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for grants under this title
such sums as necessary for each of fiscal years 2003, 2004, 2005, 2006,
and 2007.
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Housing Preservation Matching Grant Act of 2003 - Authorizes the Secretary of Housing and Urban Development to make matching grants to States for low-income housing preservation. Sets forth requirements for projects: (1) with Department of Housing and Urban Development-insured mortgages, (2) with section 8 assistance, or (3) purchased by the residents.
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To authorize the Secretary of Housing and Urban Development to make grants to States to supplement State assistance for the preservation of affordable housing for low-income families.
| 11,586
| 354
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Housing Preservation Matching Grant Act of 2003". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. The Congress finds that more than 55,300 affordable housing dwelling units in the United States have been lost through termination of low income affordability requirements, which usually involves the prepayment of the outstanding principal balance under the mortgage on the project in which such units are located. More than 265,000 affordable housing dwelling units in the United States are currently at risk of prepayment. The loss of the privately owned, federally assisted affordable housing, which is occurring during a period when rents for unassisted housing are increasing and few units of additional affordable housing are being developed, will cause unacceptable harm on current tenants of affordable housing and will precipitate a national crisis in the supply of housing for low-income households. The demand for affordable housing far exceeds the supply of such housing, as evidenced by studies in 1998 that found that 5,300,000 households have worst-case housing needs. And the number of families with at least one full- time worker and having worst-case housing needs increased from 1991 to 1995 by 265,000 to almost 1,400,000. The shortage of affordable housing in the United States reached a record high in 1995, when the number of low-income households exceeded the number of low-cost rental dwelling units by 4,400,000. Between 1990 and 1995, the shortage of affordable housing in the United States increased by 1,000,000 dwelling units, as the supply of low-cost units decreased by 100,000 and the number of low-income renter households increased by 900,000. There are nearly 2 low-income renters in the United States for every low-cost rental dwelling unit. 2 of every 3 low-income renters receive no housing assistance and about 2,000,000 low-income households remain on waiting lists for affordable housing. The shortage of affordable housing dwelling units results in low-income households that are not able to acquire low-cost rental units paying large proportions of their incomes for rent. And in 1995, 82 percent of low-income renter households were paying more than 30 percent of their incomes for rent and utilities. Purpose. It is the purpose of this Act to promote the preservation of affordable housing units by providing matching grants to States that have developed and funded programs for the preservation of privately owned housing that is affordable to low-income families and persons and was produced for such purpose with Federal assistance. To minimize the involuntary displacement of tenants who are currently residing in such housing, many of whom are elderly or disabled persons. And to continue the partnerships among the Federal Government, State and local governments, and the private sector in operating and assisting housing that is affordable to low- income Americans. <SECTION-HEADER> AUTHORITY. The Secretary of Housing and Urban Development shall, to the extent amounts are made available pursuant to section 11, make grants under this Act to States for low-income housing preservation. <SECTION-HEADER> USE OF GRANTS. In General. Amounts from grants under this Act may be used only for assistance for acquisition, preservation incentives, operating costs, and capital expenditures for a housing project that meets the requirements under subsection (b), (c), or (d). Projects With Hud-Insured Mortgages. A project meets the requirements under this subsection only if the project is financed by a loan or mortgage that is insured or held by the Secretary under section 221(d)(3) of the National Housing Act and receiving loan management assistance under section 8 of the United States Housing Act of 1937 due to a conversion from section 101 of the Housing and Urban Development Act of 1965. Insured or held by the Secretary and bears interest at a rate determined under the proviso of section 221(d)(5) of the National Housing Act. Insured, assisted, or held by the Secretary or a State or State agency under section 236 of the National Housing Act. Or held by the Secretary and formerly insured under a program referred to in subparagraph (A), (B), or (C). The project is subject to an unconditional waiver of, with respect to the mortgage referred to in paragraph (1) all rights to any prepayment of the mortgage. And all rights to any voluntary termination of the mortgage insurance contract for the mortgage. And the owner of the project has entered into binding commitments to extend all low-income affordability restrictions for the project, including any such restrictions imposed because of any contract for project-based assistance for the project. Projects With Section 8 Project-Based Assistance. A project meets the requirements under this subsection only if the project is subject to a contract for project-based assistance. And the owner of the project has entered into binding commitments to extend such assistance for the maximum period allowable under law and to extend any low-income affordability restrictions applicable to the project in connection with such assistance. Projects Purchased by Residents. A project meets the requirements under this subsection only if the project is or was eligible low-income housing (as such term is defined in section 229 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990. And has been purchased by a resident council for the housing or is approved by the Secretary for such purchase, for conversion to homeownership housing under a resident homeownership program meeting the requirements under section 226 of such Act . Combination of Assistance. Notwithstanding subsection (a), any project that is otherwise eligible for assistance with grant amounts provided under this Act because the project meets the requirements under subsection (b) or (c) and that also meets the requirements under paragraph (1) of the other of such subsections, shall be eligible for such assistance only if the project complies with all of the requirements under such other subsection. <SECTION-HEADER> GRANT AMOUNT LIMITATION. The Secretary shall limit the portion of the aggregate amount of grants under this Act made available for any fiscal year that may be provided to a single State based upon the proportion of such State's need for such assistance to the aggregate need among all States approved for such assistance for such fiscal year. <SECTION-HEADER> MATCHING REQUIREMENT. In General. The Secretary may not make a grant under this Act to any State for any fiscal year in an amount that exceeds twice the amount that the State certifies, as the Secretary shall require, that the State will contribute for such fiscal year, or has contributed since January 1, 2003, from non-Federal sources for the purposes under section 4(a). Treatment of Previous Contributions. Any portion of amounts contributed after January 1, 2003, that are counted for purposes of meeting the requirement under subsection (a) for a fiscal year may not be counted for such purposes for any subsequent fiscal year. Treatment of Tax Credits. Tax credits provided under section 42 of the internal revenue code of 1986 and proceeds from the sale of tax-exempt bonds by any State or local government entity shall not be considered non-Federal sources for purposes of this section <SECTION-HEADER> TREATMENT OF SUBSIDY LAYERING REQUIREMENTS. Neither section 6 nor any other provision of this Act may be construed to prevent the use of tax credits provided under section 42 of the Internal Revenue Code of 1986 in connection with housing assisted with grant amounts provided under this Act, to the extent that such use is in accordance with section 102(d) of the Department of Housing and Urban Development Reform Act of 1989 (42 USC. 3545(d)) and section 911 of the Housing and Community Development Act of 1992 . <SECTION-HEADER> APPLICATIONS. The Secretary shall provide for States to submit applications for grants under this Act. The Secretary shall require the applications to contain any information and certifications necessary for the Secretary to determine whether the State is eligible to receive such a grant. <SECTION-HEADER> DEFINITIONS. For purposes of this Act, the following definitions shall apply: Low-income affordability restrictions. The term "low- income affordability restrictions" means, with respect to a housing project, any limitations imposed by regulation or regulatory agreement on rents for tenants of the project, rent contributions for tenants of the project, or income-eligibility for occupancy in the project. Project-based assistance. The term "project-based assistance" has the meaning given such term in section 16(c) of the United States Housing Act of 1937 (42 USC. 1437n(c)), except that such term includes assistance under any successor programs to the programs referred to in such section. Secretary. The term "Secretary" means the Secretary of Housing and Urban Development. State. The term "State" means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. <SECTION-HEADER> REGULATIONS. The Secretary may issue any regulations necessary to carry out this Act. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for grants under this title such sums as necessary for each of fiscal years 2003, 2004, 2005, 2006, and 2007.
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Housing Preservation Matching Grant Act of 2003 - Authorizes the Secretary of Housing and Urban Development to make matching grants to States for low-income housing preservation. Sets forth requirements for projects: (1) with Department of Housing and Urban Development-insured mortgages, (2) with section 8 assistance, or (3) purchased by the residents.
|
To authorize the Secretary of Housing and Urban Development to make grants to States to supplement State assistance for the preservation of affordable housing for low-income families.
|
106_s1545
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neighborhood Children's Internet
Protection Act''.
SEC. 2. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT FAIL TO
IMPLEMENT A FILTERING OR BLOCKING SYSTEM FOR COMPUTERS
WITH INTERNET ACCESS OR ADOPT INTERNET USE POLICIES.
(a) No Universal Service.--
(1) In general.--Section 254 of the Communications Act of
1934 (47 U.S.C. 254) is amended by adding at the end the
following:
``(l) Implementation of Internet Filtering or Blocking System or
Use Policies.--
``(1) In general.--No services may be provided under
subsection (h)(1)(B) to any elementary or secondary school, or
any library, unless it provides the certification required by
paragraph (2) to the Commission or its designee.
``(2) Certification.--A certification under this paragraph
with respect to a school or library is a certification by the
school, school board, or other authority with responsibility
for administration of the school, or the library, or any other
entity representing the school or library in applying for
universal service assistance, that the school or library--
``(A) has--
``(i) selected a system for its computers
with Internet access that are dedicated to
student use in order to filter or block
Internet access to matter considered to be
inappropriate for minors; and
``(ii) installed on such computers, or upon
obtaining such computers will install on such
computers, a system to filter or block Internet
access to such matter; or
``(B)(i) has adopted or implemented an Internet use
policy that addresses--
``(I) access by minors to inappropriate
matter on the Internet and World Wide Web;
``(II) the safety and security of minors
when using electronic mail, chat rooms, and
other forms of direct electronic
communications;
``(III) unauthorized access, including so-
called `hacking', and other unlawful activities
by minors online;
``(IV) unauthorized disclosure, use, and
dissemination of personal identification
information regarding minors; and
``(V) whether the school or library, as the
case may be, is employing hardware, software,
or other technological means to limit, monitor,
or otherwise control or guide Internet access
by minors; and
``(ii) provided reasonable public notice and held
at least one public hearing or meeting which addressed
the proposed Internet use policy.
``(3) Local determination of content.--For purposes of a
certification under paragraph (2), the determination regarding
what matter is inappropriate for minors shall be made by the
school board, library, or other authority responsible for
making the determination. No agency or instrumentality of the
United States Government may--
``(A) establish criteria for making such
determination;
``(B) review the determination made by the
certifying school, school board, library, or other
authority; or
``(C) consider the criteria employed by the
certifying school, school board, library, or other
authority in the administration of subsection
(h)(1)(B).
``(4) Effective date.--This subsection shall apply with
respect to schools and libraries seeking universal service
assistance under subsection (h)(1)(B) on or after July 1,
2000.''.
(2) Conforming amendment.--Subsection (h)(1)(B) of that
section is amended by striking ``All telecommunications'' and
inserting ``Except as provided by subsection (l), all
telecommunications''.
(b) Study.--Not later than 150 days after the date of the enactment
of this Act, the National Telecommunications and Information
Administration shall initiate a notice and comment proceeding for
purposes of--
(1) evaluating whether or not currently available
commercial Internet blocking and filtering software adequately
addresses the needs of educational institutions;
(2) making recommendations on how to foster the development
of products which meet such needs; and
(3) evaluating the development and effectiveness of local
Internet use policies that are currently in operation after
community input.
SEC. 3. IMPLEMENTING REGULATIONS.
Not later than 100 days after the date of enactment of this Act,
the Federal Communications Commission shall adopt rules implementing
this Act and the amendments made by this Act.
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Neighborhood Children's Internet Protection Act - Amends the Communications Act of 1934 to require libraries and elementary and secondary schools receiving universal service assistance to certify that they have installed systems or implemented policies for blocking or filtering Internet access to matter inappropriate for minors. Requires the school board, library, or other responsible non-Federal authority to determine what matter is inappropriate for minors. Directs the National Telecommunications and Information Administration to initiate a notice and comment proceeding for: (1) evaluating whether or not currently available commercial Internet blocking and filtering software adequately addresses the needs of educational institutions. (2) recommending how to foster the development of products which meet such needs. And (3) evaluating the development and effectiveness of local Internet use policies that are currently in operation after community input.
|
Neighborhood Children's Internet Protection Act
| 5,524
| 966
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Neighborhood Children's Internet Protection Act". <SECTION-HEADER> NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT FAIL TO IMPLEMENT A FILTERING OR BLOCKING SYSTEM FOR COMPUTERS WITH INTERNET ACCESS OR ADOPT INTERNET USE POLICIES. No Universal Service. In general. Section 254 of the Communications Act of 1934 is amended by adding at the end the following: Implementation of Internet Filtering or Blocking System or Use Policies. In general. No services may be provided under subsection (h)(1)(B) to any elementary or secondary school, or any library, unless it provides the certification required by paragraph (2) to the Commission or its designee. Certification. A certification under this paragraph with respect to a school or library is a certification by the school, school board, or other authority with responsibility for administration of the school, or the library, or any other entity representing the school or library in applying for universal service assistance, that the school or library has selected a system for its computers with Internet access that are dedicated to student use in order to filter or block Internet access to matter considered to be inappropriate for minors. And installed on such computers, or upon obtaining such computers will install on such computers, a system to filter or block Internet access to such matter. Or (i) has adopted or implemented an Internet use policy that addresses access by minors to inappropriate matter on the Internet and World Wide Web. The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications. Unauthorized access, including so- called `hacking', and other unlawful activities by minors online. Unauthorized disclosure, use, and dissemination of personal identification information regarding minors. And whether the school or library, as the case may be, is employing hardware, software, or other technological means to limit, monitor, or otherwise control or guide Internet access by minors. And provided reasonable public notice and held at least one public hearing or meeting which addressed the proposed Internet use policy. Local determination of content. For purposes of a certification under paragraph (2), the determination regarding what matter is inappropriate for minors shall be made by the school board, library, or other authority responsible for making the determination. No agency or instrumentality of the United States Government may establish criteria for making such determination. Review the determination made by the certifying school, school board, library, or other authority. Or consider the criteria employed by the certifying school, school board, library, or other authority in the administration of subsection (1)(B). Effective date. This subsection shall apply with respect to schools and libraries seeking universal service assistance under subsection (h)(1)(B) on or after July 1, 2000.". Conforming amendment. Subsection (h)(1)(B) of that section is amended by striking "All telecommunications" and inserting "Except as provided by subsection (l), all telecommunications". Study. Not later than 150 days after the date of the enactment of this Act, the National Telecommunications and Information Administration shall initiate a notice and comment proceeding for purposes of evaluating whether or not currently available commercial Internet blocking and filtering software adequately addresses the needs of educational institutions. Making recommendations on how to foster the development of products which meet such needs. And evaluating the development and effectiveness of local Internet use policies that are currently in operation after community input. <SECTION-HEADER> IMPLEMENTING REGULATIONS. Not later than 100 days after the date of enactment of this Act, the Federal Communications Commission shall adopt rules implementing this Act and the amendments made by this Act.
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Neighborhood Children's Internet Protection Act - Amends the Communications Act of 1934 to require libraries and elementary and secondary schools receiving universal service assistance to certify that they have installed systems or implemented policies for blocking or filtering Internet access to matter inappropriate for minors. Requires the school board, library, or other responsible non-Federal authority to determine what matter is inappropriate for minors. Directs the National Telecommunications and Information Administration to initiate a notice and comment proceeding for: (1) evaluating whether or not currently available commercial Internet blocking and filtering software adequately addresses the needs of educational institutions. (2) recommending how to foster the development of products which meet such needs. And (3) evaluating the development and effectiveness of local Internet use policies that are currently in operation after community input.
|
Neighborhood Children's Internet Protection Act
|
112_hr3154
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education for Tomorrow's Jobs Act''.
SEC. 2. LOCAL EDUCATIONAL AGENCY PLANS.
Section 1112(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6312(b)(1)) is amended--
(1) in subparagraph (P), by striking ``and'' at the end;
(2) in subparagraph (Q), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(R) in the case of a local educational agency
that chooses to use subgrant funds under this part to
establish and carry out the program described in this
subparagraph, a description of how the local
educational agency will establish and carry out such
program, including a description of how the agency
will--
``(i) create a network of schools or
programs of study within schools that
meaningfully and coherently integrate a
rigorous academic curricula emphasizing--
``(I) real-world applications and
aligned with entrance requirements for
public institutions of higher education
in the State;
``(II) a career and technical
education component aligned with the
State's challenging academic standards
pursuant to section 1111(b)(1) and
organized around themes in high-pay,
high-growth, or high-skill industry or
industry sectors;
``(III) work-based learning
opportunities aligned with such
standards; and
``(IV) wraparound support services;
``(ii) ensure that the educational
experience of students participating in such
program is personalized through school-level
strategies such as cohort scheduling,
professional learning communities, and smaller
learning communities;
``(iii) provide a needs and resource
assessment demonstrating the local educational
agency's capacity to carry out the program;
``(iv) facilitate partnerships among the
local educational agency and schools
participating in the program, and institutions
of higher education, industry, community-based
organizations, parent organizations, and other
stakeholders, and solicit ongoing participation
of these groups on an advisory basis;
``(v) contract with not less than one
qualified intermediary with demonstrated
expertise in building, connecting, sustaining,
and measuring partnerships with employers,
institutions of higher education, community-
based organizations, parent organizations, and
other key external stakeholders;
``(vi) provide staff at schools
participating in the program and other
stakeholders high-quality and rigorous
professional development and technical
assistance;
``(vii) facilitate transitions from--
``(I) secondary schools that do not
award a diploma to secondary schools
that award a diploma; and
``(II) from secondary schools that
award a diploma to postsecondary
education;
``(viii) where appropriate, develop and
provide enabling policies including budgeting,
governance, curriculum, and scheduling
autonomies for the program;
``(ix) assure that students throughout the
local educational agency, including English
language learners and students with
disabilities, will be able to fully participate
in the school or program of study in which they
are enrolled and that student assignment to a
school or program of study will be conducted
without tracking students into the school or
program of study on the basis of their prior
academic achievement or membership in a group
of students specified under
1111(b)(2)(C)(v)(II), and when possible, based
upon the preference of the student or the
student's parent;
``(x) demonstrate how the program will be
sustainable; and
``(xi) provide for an ongoing and rigorous
evaluation of the program and disseminate best
practices.''.
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Education for Tomorrow's Jobs Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 to require local educational agencies receiving subgrants under part A to describe how they will establish and carry out a school improvement program, including how they will: create a network of schools or programs of study that integrate a rigorous curriculum emphasizing college and career readiness, and wraparound support services, use school-level strategies to personalize students' educational experience, demonstrate their capacity to implement and sustain their program. Involve institutions of higher education, employers, community-based organizations, parent organizations, and other stakeholders in the school improvement process. Provide school staff and other stakeholders with high-quality training and technical assistance. Facilitate student transitions from secondary schools that do not award diplomas to secondary schools that do, and from the latter to postsecondary education. Enable their program through policies that may include budgeting, governance, curriculum, and scheduling autonomies. Place students, when possible, in a school or program of study that the student or their parents choose. Assure that students are able to fully participate in their school or program of study and are not placed in a school or program of study on the basis of their prior academic achievement or status as a poor, minority, disabled, or limited English proficient student. And arrange for an ongoing and rigorous evaluation of their program, and disseminate best practices.
|
To amend section 1112 of the Elementary and Secondary Education Act of 1965.
| 5,923
| 1,605
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Education for Tomorrow's Jobs Act". <SECTION-HEADER> LOCAL EDUCATIONAL AGENCY PLANS. Section 1112(b)(1) of the Elementary and Secondary Education Act of 1965 (20 USC. 6312(b)(1)) is amended in subparagraph (P), by striking "and" at the end. In subparagraph (Q), by striking the period at the end and inserting ", and". And by adding at the end the following: in the case of a local educational agency that chooses to use subgrant funds under this part to establish and carry out the program described in this subparagraph, a description of how the local educational agency will establish and carry out such program, including a description of how the agency will create a network of schools or programs of study within schools that meaningfully and coherently integrate a rigorous academic curricula emphasizing real-world applications and aligned with entrance requirements for public institutions of higher education in the State. A career and technical education component aligned with the State's challenging academic standards pursuant to section 1111(b)(1) and organized around themes in high-pay, high-growth, or high-skill industry or industry sectors, work-based learning opportunities aligned with such standards, and wraparound support services. Ensure that the educational experience of students participating in such program is personalized through school-level strategies such as cohort scheduling, professional learning communities, and smaller learning communities. Provide a needs and resource assessment demonstrating the local educational agency's capacity to carry out the program. Facilitate partnerships among the local educational agency and schools participating in the program, and institutions of higher education, industry, community-based organizations, parent organizations, and other stakeholders, and solicit ongoing participation of these groups on an advisory basis. Contract with not less than one qualified intermediary with demonstrated expertise in building, connecting, sustaining, and measuring partnerships with employers, institutions of higher education, community- based organizations, parent organizations, and other key external stakeholders. Provide staff at schools participating in the program and other stakeholders high-quality and rigorous professional development and technical assistance. Facilitate transitions from secondary schools that do not award a diploma to secondary schools that award a diploma. And from secondary schools that award a diploma to postsecondary education. Where appropriate, develop and provide enabling policies including budgeting, governance, curriculum, and scheduling autonomies for the program. Assure that students throughout the local educational agency, including English language learners and students with disabilities, will be able to fully participate in the school or program of study in which they are enrolled and that student assignment to a school or program of study will be conducted without tracking students into the school or program of study on the basis of their prior academic achievement or membership in a group of students specified under 1111(b)(2)(C)(v)(II), and when possible, based upon the preference of the student or the student's parent, demonstrate how the program will be sustainable. And provide for an ongoing and rigorous evaluation of the program and disseminate best practices.".
|
Education for Tomorrow's Jobs Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 to require local educational agencies receiving subgrants under part A to describe how they will establish and carry out a school improvement program, including how they will: create a network of schools or programs of study that integrate a rigorous curriculum emphasizing college and career readiness, and wraparound support services, use school-level strategies to personalize students' educational experience, demonstrate their capacity to implement and sustain their program. Involve institutions of higher education, employers, community-based organizations, parent organizations, and other stakeholders in the school improvement process. Provide school staff and other stakeholders with high-quality training and technical assistance. Facilitate student transitions from secondary schools that do not award diplomas to secondary schools that do, and from the latter to postsecondary education. Enable their program through policies that may include budgeting, governance, curriculum, and scheduling autonomies. Place students, when possible, in a school or program of study that the student or their parents choose. Assure that students are able to fully participate in their school or program of study and are not placed in a school or program of study on the basis of their prior academic achievement or status as a poor, minority, disabled, or limited English proficient student. And arrange for an ongoing and rigorous evaluation of their program, and disseminate best practices.
|
To amend section 1112 of the Elementary and Secondary Education Act of 1965.
|
104_hr3752
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Land Sovereignty Protection
Act of 1996''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The power to dispose of and make all needful rules and
regulations governing lands belonging to the United States is
vested in the Congress under article IV, section 3, of the
Constitution.
(2) Some Federal land designations made pursuant to
international agreements concern land use policies and
regulations for lands belonging to the United States which
under article IV, section 3, of the Constitution can only be
implemented through laws enacted by the Congress.
(3) Some international land designations, such as those
under the United States Biosphere Reserve Program and the Man
and Biosphere Program of the United Nations Scientific,
Educational, and Cultural Organization, operate under
independent national committees, such as the United States
National Man and Biosphere Committee, which have no legislative
directives or authorization from the Congress.
(4) Actions by the United States in making such
designations may affect the use and value of nearby or
intermixed non-Federal lands.
(5) The sovereignty of the States is a critical component
of our Federal system of government and a bulwark against the
unwise concentration of power.
(6) Private property rights are essential for the
protection of freedom.
(7) Actions by the United States to designate lands
belonging to the United States pursuant to international
agreements in some cases conflict with congressional
constitutional responsibilities and State sovereign
capabilities.
(8) Actions by the President in applying certain
international agreements to lands owned by the United States
diminishes the authority of the Congress to make rules and
regulations respecting these lands.
(b) Purpose.--The purposes of this Act are the following:
(1) To reaffirm the power of the Congress under article IV,
section 3, of the Constitution over international agreements
which concern disposal, management, and use of lands belonging
to the United States.
(2) To protect State powers not reserved to the Federal
Government under the Constitution from Federal actions
designating lands pursuant to international agreements.
(3) To ensure that no United States citizen suffers any
diminishment or loss of individual rights as a result of
Federal actions designating lands pursuant to international
agreements for purposes of imposing restrictions on use of
those lands.
(4) To protect private interests in real property from
diminishment as a result of Federal actions designating lands
pursuant to international agreements.
(5) To provide a process under which the United States may,
when desirable, designate lands pursuant to international
agreements.
SEC. 3. CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE
LISTING.
Section 401 of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1) is amended--
(1) in subsection (a) in the first sentence, by--
(A) inserting ``(in this section referred to as the
`Convention')'' after ``1973''; and
(B) inserting ``and subject to subsections (b),
(c), (d), (e), and (f)'' before the period at the end;
(2) in subsection (b) in the first sentence, by inserting
``, subject to subsection (d),'' after ``shall''; and
(3) adding at the end the following new subsections:
``(d) The Secretary of the Interior shall not nominate any lands
owned by the United States for inclusion on the World Heritage List
pursuant to the Convention unless such nomination is specifically
authorized by a law enacted after the date of enactment of the American
Land Sovereignty Protection Act of 1996. The Secretary may from time to
time submit to the Speaker of the House and the President of the Senate
proposals for legislation authorizing such a nomination.
``(e) The Secretary of the Interior shall object to the inclusion
of any property in the United States on the list of World Heritage in
Danger established under Article 11.4 of the Convention unless--
``(1) the Secretary has submitted to the Speaker of the
House and the President of the Senate a report describing the
necessity for including that property on the list; and
``(2) the Secretary is specifically authorized to assent to
the inclusion of the property on the list, by a joint
resolution of the Congress enacted after the date that report
is submitted.
``(f) The Secretary of the Interior shall submit an annual report
on each World Heritage Site within the United States to the Chairman
and Ranking Minority member of the Committee on Resources of the House
of Representatives and the Committee on Energy and Natural Resources of
the Senate, that contains the following information for each site:
``(1) An accounting of all money expended to manage the
site.
``(2) A summary of Federal full time equivalent hours
related to management of the site.
``(3) A list and explanation of all nongovernmental
organizations contributing to the management of the site.
``(4) A summary and account of the disposition of
complaints received by the Secretary related to management of
the site.''.
SEC. 4. PROHIBITION AND TERMINATION OF UNITED NATIONS BIOSPHERE
RESERVES.
Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is amended by adding at the end the
following new section:
``Sec. 403. (a) No Federal official may nominate any lands in the
United States for designation as a Biosphere Reserve under the Man and
Biosphere Program of the United Nations Educational, Scientific, and
Cultural Organization.
``(b) Any designation of an area in the United States as a
Biosphere Reserve under the Man and Biosphere Program of the United
Nations Educational, Scientific, and Cultural Organization shall not
have, and shall not be given, any force or effect, unless the Biosphere
Reserve--
``(1) is specifically authorized by a law enacted after the
date of enactment of the American Land Sovereignty Protection
Act of 1996 and before December 31, 1999;
``(2) consists solely of lands that on the date of that
enactment are owned by the United States; and
``(3) is subject to a management plan that specifically
ensures that the use of intermixed or adjacent non-Federal
property is not limited or restricted as a result of that
designation.
``(c) The Secretary of State shall submit an annual report on each
Biosphere Reserve within the United States to the Chairman and Ranking
Minority member of the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, that contains the following information for each reserve:
``(1) An accounting of all money expended to manage the
reserve.
``(2) A summary of Federal full time equivalent hours
related to management of the reserve.
``(3) A list and explanation of all nongovernmental
organizations contributing to the management of the reserve.
``(4) A summary and account of the disposition of the
complaints received by the Secretary related to management of
the reserve.''.
SEC. 5. INTERNATIONAL AGREEMENTS IN GENERAL.
Title IV of the National Historic Preservation Act Amendments of
1980 (16 U.S.C. 470a-1 et seq.) is further amended by adding at the end
the following new section:
``Sec. 404. (a) No Federal official may nominate, classify, or
designate any lands owned by the United States and located within the
United States for a special or restricted use under any international
agreement unless such nomination, classification, or designation is
specifically authorized by law. The President may from time to time
submit to the Speaker of the House of Representatives and the President
of the Senate proposals for legislation authorizing such a nomination,
classification, or designation.
``(b) A nomination, classification, or designation of lands owned
by a State or local government, under any international agreement shall
have no force or effect unless the nomination, classification, or
designation is specifically authorized by a law enacted by the State or
local government, respectively.
``(c) A nomination, classification, or designation of privately
owned lands under any international agreement shall have no force or
effect without the written consent of the owner of the lands.
``(d) This section shall not apply to--
``(1) sites nominated under the Convention on Wetlands of
International Importance Especially as Waterfowl Habitat
(popularly known as the Ramsar Convention);
``(2) agreements established under section 16(a) of the
North American Wetlands Conservation Act (16 U.S.C. 4413); and
``(3) conventions referred to in section 3(h)(3) of the
Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(2)).
``(e) In this section, the term `international agreement' means any
treaty, compact, executive agreement, convention, or bilateral
agreement between the United States or any agency of the United States
and any foreign entity or agency of any foreign entity, having a
primary purpose of conserving, preserving, or protecting the
terrestrial or marine environment, flora, or fauna.''.
SEC. 6. CLERICAL AMENDMENT.
Section 401(b) of the National Historic Preservation Act Amendments
of 1980 (16 U.S.C. 470a-1(b)) is amended by striking ``Committee on
Natural Resources'' and inserting ``Committee on Resources''.
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American Land Sovereignty Protection Act of 1996 - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless such nomination is specifically authorized by law. Authorizes the Secretary to submit proposals for legislation authorizing such a nomination. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger unless the Secretary: (1) has submitted to specified congressional officials a report describing the necessity for such inclusion. And (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Requires the Secretary to report annually to the Chairman and Ranking Minority Member of specified congressional committees on each World Heritage Site within the United States regarding: (1) an accounting of all money expended to manage the Site. (2) a summary of Federal full time equivalent hours related to its management. (3) a list and explanation of all nongovernmental organizations contributing to such management. And (4) a summary and account of the disposition of complaints received by the Secretary related to it. Amends the National Historic Preservation Act Amendments of 1980 to prohibit Federal officials from nominating lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that such designation of an area in the United States shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 1999, (2) consists solely of federally-owned lands. And (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Requires the Secretary of State to report annually to the Chairman and Ranking Minority Member of specified congressional committees on each Biosphere Reserve within the United States regarding: (1) an accounting of all money expended to manage the Reserve. (2) a summary of Federal full time equivalent hours related to its management. (3) a list and explanation of all nongovernmental organizations contributing to such management. And (4) a summary and account of the disposition of complaints received by the Secretary related to it. Prohibits, under any international agreement, the nomination, classification, or designation of: (1) federally-owned lands located within the United States for a special or restricted use unless authorized by law. (2) State or local government lands unless authorized by State or local law. Or (3) privately owned lands without the owner's consent. Provides that such prohibition shall not apply to: (1) sites nominated under the Convention on Wetlands of International Importance Especially as Waterfowl Habitat, (2) agreements established under the North American Wetlands Conservation Act. And (3) conventions referred to in the Fish and Wildlife Improvement Act of 1978.
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American Land Sovereignty Protection Act of 1996
| 10,552
| 3,365
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "American Land Sovereignty Protection Act of 1996". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. Congress finds the following: The power to dispose of and make all needful rules and regulations governing lands belonging to the United States is vested in the Congress under article IV, section 3, of the Constitution. Some Federal land designations made pursuant to international agreements concern land use policies and regulations for lands belonging to the United States which under article IV, section 3, of the Constitution can only be implemented through laws enacted by the Congress. Some international land designations, such as those under the United States Biosphere Reserve Program and the Man and Biosphere Program of the United Nations Scientific, Educational, and Cultural Organization, operate under independent national committees, such as the United States National Man and Biosphere Committee, which have no legislative directives or authorization from the Congress. Actions by the United States in making such designations may affect the use and value of nearby or intermixed non-Federal lands. The sovereignty of the States is a critical component of our Federal system of government and a bulwark against the unwise concentration of power. Private property rights are essential for the protection of freedom. Actions by the United States to designate lands belonging to the United States pursuant to international agreements in some cases conflict with congressional constitutional responsibilities and State sovereign capabilities. Actions by the President in applying certain international agreements to lands owned by the United States diminishes the authority of the Congress to make rules and regulations respecting these lands. Purpose. The purposes of this Act are the following: To reaffirm the power of the Congress under article IV, section 3, of the Constitution over international agreements which concern disposal, management, and use of lands belonging to the United States. To protect State powers not reserved to the Federal Government under the Constitution from Federal actions designating lands pursuant to international agreements. To ensure that no United States citizen suffers any diminishment or loss of individual rights as a result of Federal actions designating lands pursuant to international agreements for purposes of imposing restrictions on use of those lands. To protect private interests in real property from diminishment as a result of Federal actions designating lands pursuant to international agreements. To provide a process under which the United States may, when desirable, designate lands pursuant to international agreements. <SECTION-HEADER> CLARIFICATION OF CONGRESSIONAL ROLE IN WORLD HERITAGE SITE LISTING. Section 401 of the National Historic Preservation Act Amendments of 1980 is amended in subsection (a) in the first sentence, by inserting "" after "1973". And inserting "and subject to subsections (b). (d), (e), and (f)" before the period at the end. In subsection (b) in the first sentence, by inserting ", subject to subsection (d)," after "shall". And adding at the end the following new subsections: The Secretary of the Interior shall not nominate any lands owned by the United States for inclusion on the World Heritage List pursuant to the Convention unless such nomination is specifically authorized by a law enacted after the date of enactment of the American Land Sovereignty Protection Act of 1996. The Secretary may from time to time submit to the Speaker of the House and the President of the Senate proposals for legislation authorizing such a nomination. The Secretary of the Interior shall object to the inclusion of any property in the United States on the list of World Heritage in Danger established under Article 11.4 of the Convention unless the Secretary has submitted to the Speaker of the House and the President of the Senate a report describing the necessity for including that property on the list. And the Secretary is specifically authorized to assent to the inclusion of the property on the list, by a joint resolution of the Congress enacted after the date that report is submitted. The Secretary of the Interior shall submit an annual report on each World Heritage Site within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains the following information for each site: An accounting of all money expended to manage the site. A summary of Federal full time equivalent hours related to management of the site. A list and explanation of all nongovernmental organizations contributing to the management of the site. A summary and account of the disposition of complaints received by the Secretary related to management of the site.". <SECTION-HEADER> PROHIBITION AND TERMINATION OF UNITED NATIONS BIOSPHERE RESERVES. Title IV of the National Historic Preservation Act Amendments of 1980 is amended by adding at the end the following new section: "Section 403. (a) No Federal official may nominate any lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Any designation of an area in the United States as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve is specifically authorized by a law enacted after the date of enactment of the American Land Sovereignty Protection Act of 1996 and before December 31, 1999. Consists solely of lands that on the date of that enactment are owned by the United States. And is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. The Secretary of State shall submit an annual report on each Biosphere Reserve within the United States to the Chairman and Ranking Minority member of the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, that contains the following information for each reserve: An accounting of all money expended to manage the reserve. A summary of Federal full time equivalent hours related to management of the reserve. A list and explanation of all nongovernmental organizations contributing to the management of the reserve. A summary and account of the disposition of the complaints received by the Secretary related to management of the reserve.". <SECTION-HEADER> INTERNATIONAL AGREEMENTS IN GENERAL. Title IV of the National Historic Preservation Act Amendments of 1980 is further amended by adding at the end the following new section: "Section 404. (a) No Federal official may nominate, classify, or designate any lands owned by the United States and located within the United States for a special or restricted use under any international agreement unless such nomination, classification, or designation is specifically authorized by law. The President may from time to time submit to the Speaker of the House of Representatives and the President of the Senate proposals for legislation authorizing such a nomination, classification, or designation. A nomination, classification, or designation of lands owned by a State or local government, under any international agreement shall have no force or effect unless the nomination, classification, or designation is specifically authorized by a law enacted by the State or local government, respectively. A nomination, classification, or designation of privately owned lands under any international agreement shall have no force or effect without the written consent of the owner of the lands. This section shall not apply to sites nominated under the Convention on Wetlands of International Importance Especially as Waterfowl Habitat. Agreements established under section 16(a) of the North American Wetlands Conservation Act. And conventions referred to in section 3(h)(3) of the Fish and Wildlife Improvement Act of 1978 (16 USC. 712(2)). In this section, the term `international agreement' means any treaty, compact, executive agreement, convention, or bilateral agreement between the United States or any agency of the United States and any foreign entity or agency of any foreign entity, having a primary purpose of conserving, preserving, or protecting the terrestrial or marine environment, flora, or fauna.". <SECTION-HEADER> CLERICAL AMENDMENT. Section 401(b) of the National Historic Preservation Act Amendments of 1980 (16 USC. 470a-1(b)) is amended by striking "Committee on Natural Resources" and inserting "Committee on Resources".
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American Land Sovereignty Protection Act of 1996 - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless such nomination is specifically authorized by law. Authorizes the Secretary to submit proposals for legislation authorizing such a nomination. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger unless the Secretary: (1) has submitted to specified congressional officials a report describing the necessity for such inclusion. And (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Requires the Secretary to report annually to the Chairman and Ranking Minority Member of specified congressional committees on each World Heritage Site within the United States regarding: (1) an accounting of all money expended to manage the Site. (2) a summary of Federal full time equivalent hours related to its management. (3) a list and explanation of all nongovernmental organizations contributing to such management. And (4) a summary and account of the disposition of complaints received by the Secretary related to it. Amends the National Historic Preservation Act Amendments of 1980 to prohibit Federal officials from nominating lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that such designation of an area in the United States shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 1999, (2) consists solely of federally-owned lands. And (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Requires the Secretary of State to report annually to the Chairman and Ranking Minority Member of specified congressional committees on each Biosphere Reserve within the United States regarding: (1) an accounting of all money expended to manage the Reserve. (2) a summary of Federal full time equivalent hours related to its management. (3) a list and explanation of all nongovernmental organizations contributing to such management. And (4) a summary and account of the disposition of complaints received by the Secretary related to it. Prohibits, under any international agreement, the nomination, classification, or designation of: (1) federally-owned lands located within the United States for a special or restricted use unless authorized by law. (2) State or local government lands unless authorized by State or local law. Or (3) privately owned lands without the owner's consent. Provides that such prohibition shall not apply to: (1) sites nominated under the Convention on Wetlands of International Importance Especially as Waterfowl Habitat, (2) agreements established under the North American Wetlands Conservation Act. And (3) conventions referred to in the Fish and Wildlife Improvement Act of 1978.
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American Land Sovereignty Protection Act of 1996
|
105_s2422
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SECTION 1. SHORT TITLE; FINDINGS; AND PURPOSES.
(a) Short Title.--This Act may be cited as the ``Measures to
Encourage Results in Teaching Act of 1998''.
(b) Findings.--Congress makes the following findings:
(1) All students deserve to be taught by well-educated,
competent, and qualified teachers.
(2) More than ever before, education has and will continue
to become the ticket not only to economic success but to basic
survival. Students will not succeed in meeting the demands of a
knowledge-based, 21st century society and economy if the
students do not encounter more challenging work in school. For
future generations to have the opportunities to achieve success
the future generations will need to have an education and a
teacher workforce second to none.
(3) No other intervention can make the difference that a
knowledgeable, skillful teacher can make in the learning
process. At the same time, nothing can fully compensate for
weak teaching that, despite good intentions, can result from a
teacher's lack of opportunity to acquire the knowledge and
skill needed to help students master the curriculum.
(4) The Federal Government established the Dwight D.
Eisenhower Professional Development Program in 1985 to ensure
that teachers and other educational staff have access to
sustained and high-quality professional development. This
ongoing development must include the ability to demonstrate and
judge the performance of teachers and other instructional
staff.
(5) States should evaluate their teachers on the basis of
demonstrated ability, including tests of subject matter
knowledge, teaching knowledge, and teaching skill. States
should develop a test for their teachers and other
instructional staff with respect to the subjects taught by the
teachers and staff, and should administer the test every 3 to 5
years.
(6) Evaluating and rewarding teachers with a compensation
system that supports teachers who become increasingly expert in
a subject area, are proficient in meeting the needs of students
and schools, and demonstrate high levels of performance
measured against professional teaching standards, will
encourage teachers to continue to learn needed skills and
broaden teachers' expertise, thereby enhancing education for
all students.
(c) Purposes.--The purposes of this Act are as follows:
(1) To provide incentives for States to establish and
administer periodic teacher testing and merit pay programs for
elementary school and secondary school teachers.
(2) To encourage States to establish merit pay programs
that have a significant impact on teacher salary scales.
(3) To encourage programs that recognize and reward the
best teachers, and encourage those teachers that need to do
better.
SEC. 2. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY.
(a) Amendments.--Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
(1) by redesignating part D as part E;
(2) by redesignating sections 2401 and 2402 as sections
2501 and 2502, respectively; and
(3) by inserting after part C the following:
``PART D--STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY
``SEC. 2401. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY.
``(a) State Awards.--Notwithstanding any other provision of this
title, from funds described in subsection (b) that are made available
for a fiscal year, the Secretary shall make an award to each State
that--
``(1) administers a test to each elementary school and
secondary school teacher in the State, with respect to the
subjects taught by the teacher, every 3 to 5 years; and
``(2) has an elementary school and secondary school teacher
compensation system that is based on merit.
``(b) Available Funding.--The amount of funds referred to in
subsection (a) that are available to carry out this section for a
fiscal year is 50 percent of the amount of funds appropriated to carry
out this title that are in excess of the amount so appropriated for
fiscal year 1999, except that no funds shall be available to carry out
this section for any fiscal year for which--
``(1) the amount appropriated to carry out this title
exceeds $600,000,000; or
``(2) each of the several States is eligible to receive an
award under this section.
``(c) Award Amount.--A State shall receive an award under this
section in an amount that bears the same relation to the total amount
available for awards under this section for a fiscal year as the number
of States that are eligible to receive such an award for the fiscal
year bears to the total number of all States so eligible for the fiscal
year.
``(d) Use of Funds.--Funds provided under this section may be used
by States to carry out the activities described in section 2207.
``(e) Definition of State.--For the purpose of this section, the
term `State' means each of the 50 States and the District of
Columbia.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1999.
SEC. 3. TEACHER TESTING AND MERIT PAY.
(a) In General.--Notwithstanding any other provision of law, a
State may use Federal education funds--
(1) to carry out a test of each elementary school or
secondary school teacher in the State with respect to the
subjects taught by the teacher; or
(2) to establish a merit pay program for the teachers.
(b) Definitions.--In this section, the terms ``elementary school''
and ``secondary school'' have the meanings given the terms in section
14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
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Measures to Encourage Results in Teaching Act of 1998 - Amends title II of the Elementary and Secondary Education Act of 1965 to establish a new part D . Directs the Secretary of Education to make an award to each State that: (1) administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years. And (2) has an elementary school and secondary school teacher compensation system based on merit. Allows States to use Federal education funds for teacher testing and merit pay programs.
|
Measures to Encourage Results in Teaching Act of 1998
| 6,205
| 583
|
<SECTION-HEADER> SHORT TITLE, FINDINGS. AND PURPOSES. Short Title. This Act may be cited as the "Measures to Encourage Results in Teaching Act of 1998". Findings. Congress makes the following findings: All students deserve to be taught by well-educated, competent, and qualified teachers. More than ever before, education has and will continue to become the ticket not only to economic success but to basic survival. Students will not succeed in meeting the demands of a knowledge-based, 21st century society and economy if the students do not encounter more challenging work in school. For future generations to have the opportunities to achieve success the future generations will need to have an education and a teacher workforce second to none. No other intervention can make the difference that a knowledgeable, skillful teacher can make in the learning process. At the same time, nothing can fully compensate for weak teaching that, despite good intentions, can result from a teacher's lack of opportunity to acquire the knowledge and skill needed to help students master the curriculum. The Federal Government established the Dwight D. Eisenhower Professional Development Program in 1985 to ensure that teachers and other educational staff have access to sustained and high-quality professional development. This ongoing development must include the ability to demonstrate and judge the performance of teachers and other instructional staff. States should evaluate their teachers on the basis of demonstrated ability, including tests of subject matter knowledge, teaching knowledge, and teaching skill. States should develop a test for their teachers and other instructional staff with respect to the subjects taught by the teachers and staff, and should administer the test every 3 to 5 years. Evaluating and rewarding teachers with a compensation system that supports teachers who become increasingly expert in a subject area, are proficient in meeting the needs of students and schools, and demonstrate high levels of performance measured against professional teaching standards, will encourage teachers to continue to learn needed skills and broaden teachers' expertise, thereby enhancing education for all students. Purposes. The purposes of this Act are as follows: To provide incentives for States to establish and administer periodic teacher testing and merit pay programs for elementary school and secondary school teachers. To encourage States to establish merit pay programs that have a significant impact on teacher salary scales. To encourage programs that recognize and reward the best teachers, and encourage those teachers that need to do better. <SECTION-HEADER> STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY. Amendments. Title II of the Elementary and Secondary Education Act of 1965 is amended by redesignating part D as part E. By redesignating sections 2401 and 2402 as sections 2501 and 2502, respectively. And by inserting after part C the following: "PART D STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY "Section 2401. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY. State Awards. Notwithstanding any other provision of this title, from funds described in subsection (b) that are made available for a fiscal year, the Secretary shall make an award to each State that administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every 3 to 5 years. And has an elementary school and secondary school teacher compensation system that is based on merit. Available Funding. The amount of funds referred to in subsection (a) that are available to carry out this section for a fiscal year is 50 percent of the amount of funds appropriated to carry out this title that are in excess of the amount so appropriated for fiscal year 1999, except that no funds shall be available to carry out this section for any fiscal year for which the amount appropriated to carry out this title exceeds $600,000,000. Or each of the several States is eligible to receive an award under this section. Award Amount. A State shall receive an award under this section in an amount that bears the same relation to the total amount available for awards under this section for a fiscal year as the number of States that are eligible to receive such an award for the fiscal year bears to the total number of all States so eligible for the fiscal year. Use of Funds. Funds provided under this section may be used by States to carry out the activities described in section 2207. Definition of State. For the purpose of this section, the term `State' means each of the 50 States and the District of Columbia.". Effective Date. The amendments made by subsection (a) shall take effect on October 1, 1999. <SECTION-HEADER> TEACHER TESTING AND MERIT PAY. In General. Notwithstanding any other provision of law, a State may use Federal education funds to carry out a test of each elementary school or secondary school teacher in the State with respect to the subjects taught by the teacher. Or to establish a merit pay program for the teachers. Definitions. In this section, the terms "elementary school" and "secondary school" have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 .
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Measures to Encourage Results in Teaching Act of 1998 - Amends title II of the Elementary and Secondary Education Act of 1965 to establish a new part D . Directs the Secretary of Education to make an award to each State that: (1) administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years. And (2) has an elementary school and secondary school teacher compensation system based on merit. Allows States to use Federal education funds for teacher testing and merit pay programs.
|
Measures to Encourage Results in Teaching Act of 1998
|
109_s2366
|
SECTION 1. REPEAL OF RECAPTURE BOND RULE.
(a) In General.--Paragraph (6) of section 42(j) of the Internal
Revenue Code of 1986 (relating to recapture of credit) is amended to
read as follows:
``(6) No recapture on disposition of building (or interest
therein) reasonably expected to continue as a qualified low-
income building.--
``(A) In general.--In the case of a disposition of
a building or an interest therein, the taxpayer shall
be discharged from liability for any additional tax
under this subsection by reason of such disposition if
it is reasonably expected that such building will
continue to be operated as a qualified low-income
building for the remaining compliance period with
respect to such building.
``(B) Statute of limitations.--
``(i) Extension of period.--The period for
assessing a deficiency attributable to the
application of subparagraph (A) with respect to
a building (or interest therein) during the
compliance period with respect to such building
shall not expire before the expiration of 3
years after the end of such compliance period.
``(ii) Assessment.--Such deficiency may be
assessed before the expiration of the 3-year
period referred to in clause (i)
notwithstanding the provisions of any other law
or rule of law which would otherwise prevent
such assessment.''.
(b) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of such Code (relating to information concerning
transactions with other persons) is amended by inserting after
section 6050T the following new section:
``SEC. 6050U. RETURNS RELATING TO PAYMENT OF LOW-INCOME HOUSING CREDIT
REPAYMENT AMOUNT.
``(a) Requirement of Reporting.--Every person who, at any time
during the taxable year, is an owner of a building (or an interest
therein)--
``(1) which is in the compliance period at any time during
such year, and
``(2) with respect to which recapture is required by
section 42(j),
shall, at such time as the Secretary may prescribe, make the return
described in subsection (b).
``(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, and
``(2) contains--
``(A) the name, address, and TIN of each person
who, with respect to such building or interest, was
formerly an investor in such owner at any time during
the compliance period,
``(B) the amount (if any) of any credit recapture
amount required under section 42(j), 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 person whose name is required to
be set forth in such return a written statement showing--
``(1) the name and address of the person required to make
such return and the phone number of the information contact for
such person, and
``(2) the information required to be shown on the return
with respect to such person.
The written statement required under the preceding sentence shall be
furnished on or before March 31 of the year following the calendar year
for which the return under subsection (a) is required to be made.
``(d) Compliance Period.--For purposes of this section, the term
`compliance period' has the meaning given such term by section
42(i).''.
(2) Assessable penalties.--
(A) Subparagraph (B) of section 6724(d)(1) of such
Code (relating to definitions) is amended by
redesignating clauses (xiii) through (xviii) as clauses
(xiv) through (xix), respectively, and by inserting
after clause (xii) the following new clause:
``(xiii) section 6050U (relating to returns
relating to payment of low-income housing
credit repayment amount),''.
(B) Paragraph (2) of section 6724(d) of such Code
is amended by striking ``or'' at the end of
subparagraph (AA), by striking the period at the end of
subparagraph (BB) and inserting ``, or'', and by adding
after subparagraph (BB) the following new subparagraph:
``(CC) section 6050U (relating to returns relating
to payment of low-income housing credit repayment
amount).''.
(C) 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 6050T the following new item:
``Sec. 6050U. Returns relating to payment of low-income
housing credit repayment amount.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply with respect to any liability for the credit recapture
amount under section 42(j) of the Internal Revenue Code of 1986
that arises after the date of the enactment of this Act.
(2) Special rule for low-income housing buildings sold
before date of enactment of this act.--In the case of a
building disposed of before the date of the enactment of this
Act with respect to which the taxpayer posted a bond (or
alternative form of security) under section 42(j) of the
Internal Revenue Code of 1986 (as in effect before the
enactment of this Act), the taxpayer may elect (by notifying
the Secretary of the Treasury in writing)--
(A) to cease to be subject to the bond requirements
under section 42(j)(6) of such Code, as in effect
before the enactment of this Act, and
(B) to be subject to the requirements of section
42(j) of such Code, as amended by this Act.
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Amends the Internal Revenue Code to repeal provisions of the low income housing tax credit requiring a bond to cover recapture amounts from the disposition, prior to a 15-year compliance period, of a building eligible for the credit. Provides for a three-year statute of limitation for assessing a recapture deficiency. Requires owners of buildings eligible for the low income housing tax credit to file informational returns with the Secretary of the Treasury upon the occurrence of a recapture event and to provide persons who are named in such returns with specified information. Imposes penalties for failure to file required returns.
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A bill to amend the Internal Revenue Code of 1986 to replace the recapture bond provisions of the low income housing tax credit program.
| 6,873
| 638
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<SECTION-HEADER> REPEAL OF RECAPTURE BOND RULE. In General. Paragraph (6) of section 42(j) of the Internal Revenue Code of 1986 is amended to read as follows: No recapture on disposition of building reasonably expected to continue as a qualified low- income building. In general. In the case of a disposition of a building or an interest therein, the taxpayer shall be discharged from liability for any additional tax under this subsection by reason of such disposition if it is reasonably expected that such building will continue to be operated as a qualified low-income building for the remaining compliance period with respect to such building. Statute of limitations. Extension of period. The period for assessing a deficiency attributable to the application of subparagraph (A) with respect to a building during the compliance period with respect to such building shall not expire before the expiration of 3 years after the end of such compliance period. Assessment. Such deficiency may be assessed before the expiration of the 3-year period referred to in clause (i) notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment.". Information Reporting. In general. Subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after section 6050T the following new section: "Section 6050U. RETURNS RELATING TO PAYMENT OF LOW-INCOME HOUSING CREDIT REPAYMENT AMOUNT. Requirement of Reporting. Every person who, at any time during the taxable year, is an owner of a building which is in the compliance period at any time during such year, and with respect to which recapture is required by section 42(j), shall, at such time as the Secretary may prescribe, make the return described in subsection (b). Form and Manner of Returns. A return is described in this subsection if such return is in such form as the Secretary may prescribe, and contains the name, address, and TIN of each person who, with respect to such building or interest, was formerly an investor in such owner at any time during the compliance period, the amount of any credit recapture amount required under section 42(j), and such other information as the Secretary may prescribe. 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 person whose name is required to be set forth in such return a written statement showing the name and address of the person required to make such return and the phone number of the information contact for such person, and the information required to be shown on the return with respect to such person. The written statement required under the preceding sentence shall be furnished on or before March 31 of the year following the calendar year for which the return under subsection (a) is required to be made. Compliance Period. For purposes of this section, the term `compliance period' has the meaning given such term by section 42(i).". Assessable penalties. Subparagraph (B) of section 6724(d)(1) of such Code is amended by redesignating clauses (xiii) through (xviii) as clauses through (xix), respectively, and by inserting after clause (xii) the following new clause: section 6050U ,". Paragraph (2) of section 6724(d) of such Code is amended by striking "or" at the end of subparagraph (AA), by striking the period at the end of subparagraph (BB) and inserting ", or", and by adding after subparagraph (BB) the following new subparagraph: section 6050U .". 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 6050T the following new item: "Section 6050U. Returns relating to payment of low-income housing credit repayment amount.". Effective Date. In general. The amendments made by this section shall apply with respect to any liability for the credit recapture amount under section 42(j) of the Internal Revenue Code of 1986 that arises after the date of the enactment of this Act. Special rule for low-income housing buildings sold before date of enactment of this act. In the case of a building disposed of before the date of the enactment of this Act with respect to which the taxpayer posted a bond under section 42(j) of the Internal Revenue Code of 1986 , the taxpayer may elect to cease to be subject to the bond requirements under section 42(j)(6) of such Code, as in effect before the enactment of this Act, and to be subject to the requirements of section 42(j) of such Code, as amended by this Act.
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Amends the Internal Revenue Code to repeal provisions of the low income housing tax credit requiring a bond to cover recapture amounts from the disposition, prior to a 15-year compliance period, of a building eligible for the credit. Provides for a three-year statute of limitation for assessing a recapture deficiency. Requires owners of buildings eligible for the low income housing tax credit to file informational returns with the Secretary of the Treasury upon the occurrence of a recapture event and to provide persons who are named in such returns with specified information. Imposes penalties for failure to file required returns.
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A bill to amend the Internal Revenue Code of 1986 to replace the recapture bond provisions of the low income housing tax credit program.
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114_hr2364
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Student Borrowers Act of
2015''.
SEC. 2. PURPOSE.
The purpose of this Act is to protect student borrowers by
requiring institutions of higher education to assume some of the risk
of default for student loans under part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.).
SEC. 3. INSTITUTIONAL REBATES TO THE DEPARTMENT OF EDUCATION FOR
DEFAULTED LOANS.
Section 454 of the Higher Education Act of 1965 (20 U.S.C. 1087d)
is amended--
(1) in subsection (a)--
(A) in paragraph (5), by striking ``and'' after the
semicolon;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) provide that the institution accepts the
institutional risk-sharing requirements under subsection (d),
if applicable.''; and
(2) by adding at the end the following:
``(d) Institutional Risk-Sharing for Student Loan Defaults.--
``(1) In general.--Subject to paragraph (3), each
institution of higher education participating in the direct
student loan program under this part for a fiscal year that has
a rate of participation in such program for all students
enrolled at that institution for such fiscal year that is 25
percent or higher shall remit, at such times as the Secretary
may specify, a risk-sharing payment based on a percentage of
the volume of student loans under this part that are in
default, as determined under paragraph (2).
``(2) Determination of risk-sharing payments.--Subject to
paragraph (3), with respect to each fiscal year, an institution
of higher education described in paragraph (1) that has a
cohort default rate (as defined in section 435(m))--
``(A) that is 30 percent or higher for the most
recent fiscal year for which data are available, shall
pay to the Secretary for the fiscal year an amount that
is equal to 20 percent of the total amount (including
interest and collection fees) of loans made under this
part to students who are in default for such most
recent fiscal year for which data are available;
``(B) that is lower than 30 percent but not lower
than 25 percent for the most recent fiscal year for
which data are available, shall pay to the Secretary
for the fiscal year an amount that is equal to 15
percent of the total amount (including interest and
collection fees) of loans made under this part to
students who are in default for such most recent fiscal
year for which data are available;
``(C) that is lower than 25 percent but not lower
than 20 percent for the most recent fiscal year for
which data are available, shall pay to the Secretary
for the fiscal year an amount that is equal to 10
percent of the total amount (including interest and
collection fees) of loans made under this part to
students who are in default for such most recent fiscal
year for which data are available; and
``(D) that is lower than 20 percent but not lower
than 15 percent for the most recent fiscal year for
which data are available, shall pay to the Secretary
for the fiscal year an amount that is equal to 5
percent of the total amount (including interest and
collection fees) of loans made under this part to
students who are in default for such most recent fiscal
year for which data are available.
``(3) Waiver and reduced risk-sharing payments.--
``(A) Waiver.--The Secretary shall waive the risk-
sharing payments described in paragraph (1) for an
institution described in paragraph (2)(D) that meets
the requirements of subparagraph (D).
``(B) Reduced risk-sharing payments.--If an
institution has in place a student loan management plan
described in subparagraph (D) that is approved by the
Secretary, the Secretary shall reduce the total annual
amount of risk-sharing payments as follows:
``(i) With respect to an institution with a
cohort default rate described in paragraph
(2)(A), the risk-sharing payment shall be in an
amount that is equal to 15 percent of the total
amount (including interest and collection fees)
of loans made under this part to students who
are in default.
``(ii) With respect to an institution with
a cohort default rate described in paragraph
(2)(B), the risk-sharing payment shall be in an
amount that is equal to 10 percent of the total
amount (including interest and collection fees)
of loans made under this part to students who
are in default.
``(iii) With respect to an institution with
a cohort default rate described in paragraph
(2)(C), the risk-sharing payment shall be in an
amount that is equal to 5 percent of the total
amount (including interest and collection fees)
of loans made under this part to students who
are in default.
``(C) Continuation of waiver or reduced payments.--
An institution that receives a waiver under
subparagraph (A) or a reduced risk-sharing payment
under subparagraph (B) may receive a waiver or reduced
payment for a subsequent fiscal year only if the
Secretary determines that the institution is making
satisfactory progress in carrying out the student loan
management plan described in subparagraph (D),
including evidence of the effectiveness of the
individualized financial aid counseling for students.
``(D) Student loan management plan.--An institution
that seeks a waiver or reduction of its risk-sharing
payment, shall develop and carry out a student loan
management plan that shall include an analysis of the
risk factors correlated with higher student loan
defaults that are present at the institution and
actions that the institution will take to address such
factors. Such plan shall include individualized
financial aid counseling for students and strategies to
minimize student loan default and delinquency.
``(E) Waiver or reduction for certain
institutions.--In addition to the other risk-sharing
payment waivers and reductions described in this
paragraph, the Secretary may waive or reduce risk-
sharing payments if--
``(i) an institution is eligible under--
``(I) part A or part B of title
III; or
``(II) title V; and
``(ii) the Secretary determines that--
``(I) the institution is making
satisfactory progress in carrying out
the institution's student loan
management plan described under
subparagraph (D); and
``(II) granting a waiver or
reduction of risk-sharing payments
would be in the best interest of
students at the institution.
``(4) Prohibition.--An institution of higher education
shall not deny admission or financial aid to a student based on
a perception that such student may be at risk for defaulting on
a loan made under this part.
``(5) Fund for the deposit of risk-sharing payments.--
``(A) In general.--There is established in the
Treasury of the United States a separate account for
the deposit of risk-sharing payments collected under
this subsection. The Secretary shall deposit any
payments collected pursuant to this subsection into
such fund.
``(B) Use of funds.--Of the amounts in the fund
described in subparagraph (A), for each fiscal year--
``(i) not more than 50 percent of such
amounts shall be made available to the
Secretary to enter into contracts or
cooperative agreements for delinquency and
default prevention or rehabilitation under
section 456(c); and
``(ii) the Secretary shall reserve the
remainder of such amounts for a Federal Pell
Grant fund that shall be used to offset any
future shortfalls in funding under the Federal
Pell Grant program.
``(6) Applicability.--The Secretary shall carry out this
subsection beginning with the cohort default rate for the 2014
cohort. The 2014 cohort shall include current and former
students who enter repayment in fiscal year 2014.
``(7) Report to congress.--The Secretary shall report on an
annual basis to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives the following
information:
``(A) A list of institutions that have been subject
to risk-sharing payments in the previous year.
``(B) The required risk-sharing payment from such
institutions.
``(C) The amount of risk-sharing payments collected
from such institutions.
``(D) A list of the institutions that have received
waivers from the risk-sharing payment and the reason
for such waiver.
``(E) A list of the institutions that have received
reductions in the required risk-sharing payment.
``(F) The use of funds deposited from risk-sharing
payments, including a list of any contracts or
cooperative agreements for delinquency and default
prevention or rehabilitation and the amount reserved
for the Federal Pell Grant program.''.
SEC. 4. CONTRACTS AND COOPERATIVE AGREEMENTS.
Section 456 of the Higher Education Act of 1965 (20 U.S.C. 1087f)
is amended by adding at the end the following:
``(c) Contracts and Cooperative Agreements for Delinquency and
Default Prevention and for Default Rehabilitation.--The Secretary may
enter into contracts or cooperative agreements for--
``(1) statewide or institutionally based programs for the
prevention of Federal student loan delinquency and default at
institutions of higher education that--
``(A) have a high cohort default rate as defined
under section 435(m); or
``(B) serve large numbers or percentages of student
loan borrowers who have a risk factor associated with
higher default rates on Federal student loans under
this title, such as coming from a low-income family,
being a first generation postsecondary education
student, not having a secondary school diploma, or
having previously defaulted on, and rehabilitated, a
loan made under this title; and
``(2) increasing the number of borrowers who successfully
rehabilitate defaulted loans.''.
SEC. 5. FINANCIAL RESPONSIBILITY.
Section 498(c)(1) of the Higher Education Act of 1965 (20 U.S.C.
1099c(c)(1)) is amended by striking subparagraph (C) and inserting the
following:
``(C) to meet all of its financial obligations,
including institutional risk-sharing payments, refunds
of institutional charges, and repayments to the
Secretary for liabilities and debts incurred in
programs administered by the Secretary.''.
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Protect Student Borrowers Act of 2015 This bill amends title IV of the Higher Education Act of 1965 to require institutions of higher education (IHEs) participating in the William D. Ford Federal Direct Loan program to accept specified risk-sharing requirements. For any fiscal year in which at least 25 of the IHE's student body is participating in the Direct Loan program, the IHE must remit a risk-sharing payment that declines as the cohort default rate declines. If an IHE develops and implements an approved student loan management plan that includes individualized financial aid counseling for students and strategies to minimize student loan default and delinquency, the Department of Education (ED) must modify the risk-sharing requirements. ED may waive or reduce an IHE's risk-sharing payments in certain other instances. An IHE may not deny admission or financial aid based on a perception that a student may be at risk for defaulting on a Direct Loan. ED may enter into contracts or cooperative agreements for: (1) statewide or institutionally-based programs for the prevention of federal student loan delinquency and default at IHEs that have a high cohort default rate or serve large numbers of students who have a higher risk of defaulting on student loans under title IV, and (2) increasing the number of borrowers who successfully rehabilitate defaulted loans. Risk-sharing payments are to be deposited in a separate account in the Treasury and used as follows: (1) up to 50 for ED to enter into the contracts or cooperative agreements for delinquency and default prevention or rehabilitation, and (2) the remainder to offset any future shortfalls in funding under the Federal Pell Grant program. An IHE's ability to meet its obligation to make risk-sharing payments shall be part of the determination of its eligibility to participate in title IV programs.
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Protect Student Borrowers Act of 2015
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| 1,875
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Protect Student Borrowers Act of 2015". <SECTION-HEADER> PURPOSE. The purpose of this Act is to protect student borrowers by requiring institutions of higher education to assume some of the risk of default for student loans under part D of title IV of the Higher Education Act of 1965 . <SECTION-HEADER> INSTITUTIONAL REBATES TO THE DEPARTMENT OF EDUCATION FOR DEFAULTED LOANS. Section 454 of the Higher Education Act of 1965 is amended in subsection (a) in paragraph (5), by striking "and" after the semicolon. In paragraph (6), by striking the period at the end and inserting ", and". And by adding at the end the following: provide that the institution accepts the institutional risk-sharing requirements under subsection (d), if applicable.". And by adding at the end the following: Institutional Risk-Sharing for Student Loan Defaults. In general. Subject to paragraph (3), each institution of higher education participating in the direct student loan program under this part for a fiscal year that has a rate of participation in such program for all students enrolled at that institution for such fiscal year that is 25 percent or higher shall remit, at such times as the Secretary may specify, a risk-sharing payment based on a percentage of the volume of student loans under this part that are in default, as determined under paragraph (2). Determination of risk-sharing payments. Subject to paragraph (3), with respect to each fiscal year, an institution of higher education described in paragraph (1) that has a cohort default rate (as defined in section 435(m)) that is 30 percent or higher for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 20 percent of the total amount of loans made under this part to students who are in default for such most recent fiscal year for which data are available. That is lower than 30 percent but not lower than 25 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 15 percent of the total amount of loans made under this part to students who are in default for such most recent fiscal year for which data are available. That is lower than 25 percent but not lower than 20 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 10 percent of the total amount of loans made under this part to students who are in default for such most recent fiscal year for which data are available. And that is lower than 20 percent but not lower than 15 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 5 percent of the total amount of loans made under this part to students who are in default for such most recent fiscal year for which data are available. Waiver and reduced risk-sharing payments. Waiver. The Secretary shall waive the risk- sharing payments described in paragraph (1) for an institution described in paragraph (2)(D) that meets the requirements of subparagraph (D). Reduced risk-sharing payments. If an institution has in place a student loan management plan described in subparagraph (D) that is approved by the Secretary, the Secretary shall reduce the total annual amount of risk-sharing payments as follows: With respect to an institution with a cohort default rate described in paragraph (A), the risk-sharing payment shall be in an amount that is equal to 15 percent of the total amount of loans made under this part to students who are in default. With respect to an institution with a cohort default rate described in paragraph (B), the risk-sharing payment shall be in an amount that is equal to 10 percent of the total amount of loans made under this part to students who are in default. With respect to an institution with a cohort default rate described in paragraph (C), the risk-sharing payment shall be in an amount that is equal to 5 percent of the total amount of loans made under this part to students who are in default. Continuation of waiver or reduced payments. An institution that receives a waiver under subparagraph (A) or a reduced risk-sharing payment under subparagraph (B) may receive a waiver or reduced payment for a subsequent fiscal year only if the Secretary determines that the institution is making satisfactory progress in carrying out the student loan management plan described in subparagraph (D), including evidence of the effectiveness of the individualized financial aid counseling for students. Student loan management plan. An institution that seeks a waiver or reduction of its risk-sharing payment, shall develop and carry out a student loan management plan that shall include an analysis of the risk factors correlated with higher student loan defaults that are present at the institution and actions that the institution will take to address such factors. Such plan shall include individualized financial aid counseling for students and strategies to minimize student loan default and delinquency. Waiver or reduction for certain institutions. In addition to the other risk-sharing payment waivers and reductions described in this paragraph, the Secretary may waive or reduce risk- sharing payments if an institution is eligible under part A or part B of title III, or title V. And the Secretary determines that the institution is making satisfactory progress in carrying out the institution's student loan management plan described under subparagraph (D). And granting a waiver or reduction of risk-sharing payments would be in the best interest of students at the institution. Prohibition. An institution of higher education shall not deny admission or financial aid to a student based on a perception that such student may be at risk for defaulting on a loan made under this part. Fund for the deposit of risk-sharing payments. In general. There is established in the Treasury of the United States a separate account for the deposit of risk-sharing payments collected under this subsection. The Secretary shall deposit any payments collected pursuant to this subsection into such fund. Use of funds. Of the amounts in the fund described in subparagraph (A), for each fiscal year not more than 50 percent of such amounts shall be made available to the Secretary to enter into contracts or cooperative agreements for delinquency and default prevention or rehabilitation under section 456(c). And the Secretary shall reserve the remainder of such amounts for a Federal Pell Grant fund that shall be used to offset any future shortfalls in funding under the Federal Pell Grant program. Applicability. The Secretary shall carry out this subsection beginning with the cohort default rate for the 2014 cohort. The 2014 cohort shall include current and former students who enter repayment in fiscal year 2014. Report to congress. The Secretary shall report on an annual basis to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives the following information: A list of institutions that have been subject to risk-sharing payments in the previous year. The required risk-sharing payment from such institutions. The amount of risk-sharing payments collected from such institutions. A list of the institutions that have received waivers from the risk-sharing payment and the reason for such waiver. A list of the institutions that have received reductions in the required risk-sharing payment. The use of funds deposited from risk-sharing payments, including a list of any contracts or cooperative agreements for delinquency and default prevention or rehabilitation and the amount reserved for the Federal Pell Grant program.". <SECTION-HEADER> CONTRACTS AND COOPERATIVE AGREEMENTS. Section 456 of the Higher Education Act of 1965 is amended by adding at the end the following: Contracts and Cooperative Agreements for Delinquency and Default Prevention and for Default Rehabilitation. The Secretary may enter into contracts or cooperative agreements for statewide or institutionally based programs for the prevention of Federal student loan delinquency and default at institutions of higher education that have a high cohort default rate as defined under section 435(m). Or serve large numbers or percentages of student loan borrowers who have a risk factor associated with higher default rates on Federal student loans under this title, such as coming from a low-income family, being a first generation postsecondary education student, not having a secondary school diploma, or having previously defaulted on, and rehabilitated, a loan made under this title. And increasing the number of borrowers who successfully rehabilitate defaulted loans.". <SECTION-HEADER> FINANCIAL RESPONSIBILITY. Section 498(c)(1) of the Higher Education Act of 1965 (20 USC. 1099c(c)(1)) is amended by striking subparagraph (C) and inserting the following: to meet all of its financial obligations, including institutional risk-sharing payments, refunds of institutional charges, and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary.".
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Protect Student Borrowers Act of 2015 This bill amends title IV of the Higher Education Act of 1965 to require institutions of higher education (IHEs) participating in the William D. Ford Federal Direct Loan program to accept specified risk-sharing requirements. For any fiscal year in which at least 25 of the IHE's student body is participating in the Direct Loan program, the IHE must remit a risk-sharing payment that declines as the cohort default rate declines. If an IHE develops and implements an approved student loan management plan that includes individualized financial aid counseling for students and strategies to minimize student loan default and delinquency, the Department of Education (ED) must modify the risk-sharing requirements. ED may waive or reduce an IHE's risk-sharing payments in certain other instances. An IHE may not deny admission or financial aid based on a perception that a student may be at risk for defaulting on a Direct Loan. ED may enter into contracts or cooperative agreements for: (1) statewide or institutionally-based programs for the prevention of federal student loan delinquency and default at IHEs that have a high cohort default rate or serve large numbers of students who have a higher risk of defaulting on student loans under title IV, and (2) increasing the number of borrowers who successfully rehabilitate defaulted loans. Risk-sharing payments are to be deposited in a separate account in the Treasury and used as follows: (1) up to 50 for ED to enter into the contracts or cooperative agreements for delinquency and default prevention or rehabilitation, and (2) the remainder to offset any future shortfalls in funding under the Federal Pell Grant program. An IHE's ability to meet its obligation to make risk-sharing payments shall be part of the determination of its eligibility to participate in title IV programs.
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Protect Student Borrowers Act of 2015
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112_hr1244
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promotion and Expansion of Private
Employee Ownership Act of 2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on January 1, 1998--nearly 25 years after the Employee
Retirement Income Security Act of 1974 was enacted and the
employee stock ownership plan (hereafter in this section
referred to as an ``ESOP'') was created--employees were first
permitted to be owners of subchapter S corporations pursuant to
the Small Business Job Protection Act of 1996 (Public Law 104-
188);
(2) with the passage of the Taxpayer Relief Act of 1997
(Public Law 105-34), Congress designed incentives to encourage
businesses to become ESOP-owned S corporations;
(3) since that time, several thousand companies have become
ESOP-owned S corporations, creating an ownership interest for
several million Americans in companies in every State in the
country, in industries ranging from heavy manufacturing to
technology development to services;
(4) while estimates show that 40 percent of working
Americans have no formal retirement account at all, every
United States worker who is an employee-owner of an S
corporation company through an ESOP has a valuable qualified
retirement savings account;
(5) recent studies have shown that employees of ESOP-owned
S corporations enjoy greater job stability than employees of
comparable companies;
(6) studies also show that employee-owners of S corporation
ESOP companies have amassed meaningful retirement savings
through their S ESOP accounts that will give them the means to
retire with dignity;
(7) under the Small Business Act (15 U.S.C. 631 et seq.)
and the regulations promulgated by the Administrator of the
Small Business Administration, a small business concern that
was eligible under the Small Business Act for the numerous
preferences of the Act is denied treatment as a small business
concern after an ESOP acquires more than 49 percent of the
business, even if the number of employees, the revenue of the
small business concern, and the racial, gender, or other
criteria used under the Act to determine whether the small
business concern is eligible for benefits under the Act remain
the same, solely because of the acquisition by the ESOP; and
(8) it is the goal of Congress to both preserve and foster
employee ownership of S corporations through ESOPs.
SEC. 3. DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER STOCK TO EMPLOYEE
STOCK OWNERSHIP PLAN SPONSORED BY S CORPORATION.
(a) In General.--Subparagraph (A) of section 1042(c)(1) of the
Internal Revenue Code of 1986 (defining qualified securities) is
amended by striking ``domestic C corporation'' and inserting ``domestic
corporation''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to sales after the date of the enactment of this Act.
SEC. 4. DEDUCTION FOR INTEREST ON LOAN TO FINANCE PURCHASE OF EMPLOYER
SECURITIES BY AN EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED
BY AN S CORPORATION.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section 199
the following new section:
``SEC. 200. INTEREST ON CERTAIN LOANS FOR THE PURCHASE OF EMPLOYER
SECURITIES BY AN EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED
BY AN S CORPORATION.
``(a) In General.--There shall be allowed as a deduction an amount
equal to 50 percent of the interest received during the taxable year by
a bank (within the meaning of section 581) with respect to a qualified
securities acquisition loan.
``(b) Qualified Securities Acquisition Loan.--
``(1) In general.--For purposes of this section, the term
`qualified securities acquisition loan' means--
``(A) any loan to an employee stock ownership plan
sponsored by an S corporation to the extent that the
proceeds are used to acquire employer securities for
the plan, and
``(B) any loan to an S corporation that sponsors an
employee stock ownership plan to the extent that the
proceeds of such loan are loaned to the employee stock
ownership plan to acquire employer securities for the
plan.
For purposes of this paragraph, the term `employer securities'
has the meaning given such term by section 409(l).
``(2) Terms applicable to certain qualified securities
acquisition loans.--For purposes of paragraph (1)(B), the term
`qualified securities acquisition loan' shall not include any
loan to the S corporation unless the loan to the employee stock
ownership plan has repayment terms which are substantially
similar to the terms of the loan to the S corporation.
``(3) Treatment of refinancings.--The term `qualified
securities acquisition loan' shall include any loan which is
(or is part of a series of loans) used to refinance a loan
described in paragraph (1) (after the application of paragraph
(2)).
``(4) Plan must hold more than 50 percent of stock after
acquisition or transfer.--
``(A) In general.--A loan shall not be treated as a
qualified securities acquisition loan for purposes of
this section unless, immediately after an acquisition
of employer securities referred to in paragraph (1),
the employee stock ownership plan owns more than 50
percent of the outstanding stock of the S corporation.
``(B) Failure to retain minimum stock interest.--
``(i) In general.--Subsection (a) shall not
apply to any interest received with respect to
a qualified securities acquisition loan which
is allocable to any period during which the
employee stock ownership plan does not own
stock meeting the requirements of subparagraph
(A).
``(ii) Exception.--To the extent provided
by the Secretary, clause (i) shall not apply to
any period if, within 90 days of the first date
on which the failure occurred (or such longer
period not in excess of 180 days as the
Secretary may prescribe), the plan acquires
stock which results in its meeting the
requirements of subparagraph (A).
``(C) Stock.--For purposes of subparagraph (A), the
Secretary may provide that warrants, options, contracts
to acquire stock, convertible debt interests and other
similar interests be treated as stock for 1 or more
purposes under subparagraph (A).
``(c) Employee Stock Ownership Plan.--For purposes of this section,
the term `employee stock ownership plan' has the meaning given to such
term by section 4975(e)(7).''.
(b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 199 the following new item:
``Sec. 200. Interest on certain loans for the purchase of employer
securities by an employee stock ownership
plan sponsored by an S corporation.''.
(c) Effective Date.--The amendments made by this section shall
apply to interest accrued on loans made after the date of the enactment
of this Act.
SEC. 5. DEPARTMENT OF TREASURY TECHNICAL ASSISTANCE OFFICE.
(a) Establishment Required.--Before the end of the 90-day period
beginning on the date of enactment of this Act, the Secretary of
Treasury shall establish the S Corporation Employee Ownership
Assistance Office to foster increased employee ownership of S
corporations.
(b) Duties of the Office.--The S Corporation Employee Ownership
Assistance Office shall provide--
(1) education and outreach to inform companies and
individuals about the possibilities and benefits of employee
ownership of S corporations; and
(2) technical assistance to assist S corporations in
sponsoring employee stock ownership plans.
SEC. 6. SMALL BUSINESS AND EMPLOYEE STOCK OWNERSHIP.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
(1) by redesignating section 45 as section 46; and
(2) by inserting after section 44 the following:
``SEC. 45. EMPLOYEE STOCK OWNERSHIP PLANS.
``(a) Definitions.--In this section--
``(1) the term `ESOP' means an employee stock ownership
plan, as defined in section 4975(e)(7) of the Internal Revenue
Code of 1986, as amended; and
``(2) the term `ESOP business concern' means a business
concern that was a small business concern eligible for a loan
or to participate in a contracting assistance or business
development program under this Act before the date on which
more than 49 percent of the business concern was acquired by an
ESOP.
``(b) Continued Eligibility.--In determining whether an ESOP
business concern qualifies as a small business concern for purposes of
a loan, preference, or other program under this Act, each ESOP
participant shall be treated as directly owning his or her
proportionate share of the stock in the ESOP business concern owned by
the ESOP.''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1 of the first calendar year beginning after the date
of the enactment of this Act.
|
Promotion and Expansion of Private Employee Ownership Act of 2011 - Amends the Internal Revenue Code to: (1) extend to all domestic corporations, including S corporations, provisions allowing deferral of tax on gain from the sale of employer securities to an S corporation-sponsored employer stock ownership plan (ESOP). And (2) allow a tax deduction for 50 of the interest incurred on loans to S corporation-sponsored ESOPs for the purchase of employer securities. Directs the Secretary of the Treasury to establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. Amends the Small Business Act to define ESOP business concern and allow such a concern to continue to qualify for loans, preferences, and other programs under such Act.
|
To amend the Internal Revenue Code of 1986 and the Small Business Act to expand the availability of employee stock ownership plans in S corporations, and for other purposes.
| 10,377
| 798
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Promotion and Expansion of Private Employee Ownership Act of 2011". <SECTION-HEADER> FINDINGS. Congress finds that on January 1, 1998 nearly 25 years after the Employee Retirement Income Security Act of 1974 was enacted and the employee stock ownership plan was created employees were first permitted to be owners of subchapter S corporations pursuant to the Small Business Job Protection Act of 1996. With the passage of the Taxpayer Relief Act of 1997 , Congress designed incentives to encourage businesses to become ESOP-owned S corporations. Since that time, several thousand companies have become ESOP-owned S corporations, creating an ownership interest for several million Americans in companies in every State in the country, in industries ranging from heavy manufacturing to technology development to services. While estimates show that 40 percent of working Americans have no formal retirement account at all, every United States worker who is an employee-owner of an S corporation company through an ESOP has a valuable qualified retirement savings account. Recent studies have shown that employees of ESOP-owned S corporations enjoy greater job stability than employees of comparable companies. Studies also show that employee-owners of S corporation ESOP companies have amassed meaningful retirement savings through their S ESOP accounts that will give them the means to retire with dignity. Under the Small Business Act and the regulations promulgated by the Administrator of the Small Business Administration, a small business concern that was eligible under the Small Business Act for the numerous preferences of the Act is denied treatment as a small business concern after an ESOP acquires more than 49 percent of the business, even if the number of employees, the revenue of the small business concern, and the racial, gender, or other criteria used under the Act to determine whether the small business concern is eligible for benefits under the Act remain the same, solely because of the acquisition by the ESOP. And it is the goal of Congress to both preserve and foster employee ownership of S corporations through ESOPs. <SECTION-HEADER> DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER STOCK TO EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY S CORPORATION. In General. Subparagraph (A) of section 1042(c)(1) of the Internal Revenue Code of 1986 is amended by striking "domestic C corporation" and inserting "domestic corporation". Effective Date. The amendment made by subsection (a) shall apply to sales after the date of the enactment of this Act. <SECTION-HEADER> DEDUCTION FOR INTEREST ON LOAN TO FINANCE PURCHASE OF EMPLOYER SECURITIES BY AN EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY AN S CORPORATION. In General. Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 199 the following new section: "Section 200. INTEREST ON CERTAIN LOANS FOR THE PURCHASE OF EMPLOYER SECURITIES BY AN EMPLOYEE STOCK OWNERSHIP PLAN SPONSORED BY AN S CORPORATION. In General. There shall be allowed as a deduction an amount equal to 50 percent of the interest received during the taxable year by a bank with respect to a qualified securities acquisition loan. Qualified Securities Acquisition Loan. In general. For purposes of this section, the term `qualified securities acquisition loan' means any loan to an employee stock ownership plan sponsored by an S corporation to the extent that the proceeds are used to acquire employer securities for the plan, and any loan to an S corporation that sponsors an employee stock ownership plan to the extent that the proceeds of such loan are loaned to the employee stock ownership plan to acquire employer securities for the plan. For purposes of this paragraph, the term `employer securities' has the meaning given such term by section 409(l). Terms applicable to certain qualified securities acquisition loans. For purposes of paragraph (1)(B), the term `qualified securities acquisition loan' shall not include any loan to the S corporation unless the loan to the employee stock ownership plan has repayment terms which are substantially similar to the terms of the loan to the S corporation. Treatment of refinancings. The term `qualified securities acquisition loan' shall include any loan which is used to refinance a loan described in paragraph (1) (after the application of paragraph ). Plan must hold more than 50 percent of stock after acquisition or transfer. In general. A loan shall not be treated as a qualified securities acquisition loan for purposes of this section unless, immediately after an acquisition of employer securities referred to in paragraph (1), the employee stock ownership plan owns more than 50 percent of the outstanding stock of the S corporation. Failure to retain minimum stock interest. In general. Subsection (a) shall not apply to any interest received with respect to a qualified securities acquisition loan which is allocable to any period during which the employee stock ownership plan does not own stock meeting the requirements of subparagraph . Exception. To the extent provided by the Secretary, clause (i) shall not apply to any period if, within 90 days of the first date on which the failure occurred , the plan acquires stock which results in its meeting the requirements of subparagraph (A). Stock. For purposes of subparagraph (A), the Secretary may provide that warrants, options, contracts to acquire stock, convertible debt interests and other similar interests be treated as stock for 1 or more purposes under subparagraph (A). Employee Stock Ownership Plan. For purposes of this section, the term `employee stock ownership plan' has the meaning given to such term by section 4975(e)(7).". Clerical Amendment. The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 199 the following new item: "Section 200. Interest on certain loans for the purchase of employer securities by an employee stock ownership plan sponsored by an S corporation.". Effective Date. The amendments made by this section shall apply to interest accrued on loans made after the date of the enactment of this Act. <SECTION-HEADER> DEPARTMENT OF TREASURY TECHNICAL ASSISTANCE OFFICE. Establishment Required. Before the end of the 90-day period beginning on the date of enactment of this Act, the Secretary of Treasury shall establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. Duties of the Office. The S Corporation Employee Ownership Assistance Office shall provide education and outreach to inform companies and individuals about the possibilities and benefits of employee ownership of S corporations. And technical assistance to assist S corporations in sponsoring employee stock ownership plans. <SECTION-HEADER> SMALL BUSINESS AND EMPLOYEE STOCK OWNERSHIP. In General. The Small Business Act is amended by redesignating section 45 as section 46. And by inserting after section 44 the following: "Section 45. EMPLOYEE STOCK OWNERSHIP PLANS. Definitions. In this section the term `ESOP' means an employee stock ownership plan, as defined in section 4975(e)(7) of the Internal Revenue Code of 1986, as amended. And the term `ESOP business concern' means a business concern that was a small business concern eligible for a loan or to participate in a contracting assistance or business development program under this Act before the date on which more than 49 percent of the business concern was acquired by an ESOP. Continued Eligibility. In determining whether an ESOP business concern qualifies as a small business concern for purposes of a loan, preference, or other program under this Act, each ESOP participant shall be treated as directly owning his or her proportionate share of the stock in the ESOP business concern owned by the ESOP.". Effective Date. The amendments made by this section shall take effect on January 1 of the first calendar year beginning after the date of the enactment of this Act.
|
Promotion and Expansion of Private Employee Ownership Act of 2011 - Amends the Internal Revenue Code to: (1) extend to all domestic corporations, including S corporations, provisions allowing deferral of tax on gain from the sale of employer securities to an S corporation-sponsored employer stock ownership plan (ESOP). And (2) allow a tax deduction for 50 of the interest incurred on loans to S corporation-sponsored ESOPs for the purchase of employer securities. Directs the Secretary of the Treasury to establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. Amends the Small Business Act to define ESOP business concern and allow such a concern to continue to qualify for loans, preferences, and other programs under such Act.
|
To amend the Internal Revenue Code of 1986 and the Small Business Act to expand the availability of employee stock ownership plans in S corporations, and for other purposes.
|
111_hr2326
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Savings Act of 2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States imports more oil from the Middle East
today than before the attacks on the United States on September
11, 2001;
(2) the United States remains the most oil-dependent
industrialized nation in the world, consuming approximately 25
percent of the world's oil despite having only 2-3 percent of
the world's oil reserves;
(3) the ongoing dependence of the United States on foreign
oil is one of the greatest threats to the national security and
economy of the United States; and
(4) the United States needs to take transformative steps to
wean itself from its addiction to oil.
SEC. 3. ESTABLISHING AN INTERAGENCY WORKING GROUP.
Not later than 30 days after the date of the enactment of this Act,
a Commissioner of the Federal Trade Commission, appointed by the
Chairperson of the Federal Trade Commission, shall establish, and serve
as the Director of, an interagency working group (in this Act referred
to as the ``Working Group'') consisting of the Secretary of Energy, the
Chairman of the Federal Energy Regulatory Commission, and department
heads from other appropriate Federal entities determined by the
Director.
SEC. 4. ACTION PLAN.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Working Group shall publish in the Federal
Register an action plan.
(b) Requirements.--The action plan shall include--
(1) intermediate oil savings targets for each calendar year
beginning on the calendar year after the date of the enactment
of this Act;
(2) a list of requirements, including the oil savings to be
achieved by each requirement, that will be sufficient, when
taken together, to save from the baseline determined under
section 7--
(A) 2,500,000 barrels of oil per day on average
during calendar year 2015;
(B) 7,000,000 barrels of oil per day on average
during calendar year 2025; and
(C) 10,000,000 barrels of oil per day on average
during calendar year 2030;
(3) a supply disruption strategy for Federal departments
and agencies to develop contingency plans in the event of a
supply disruption resulting in a precipitous and short-term
annualized decline of 4 percent of world oil production from
the prior year's baseline, and to provide timely advice to
Congress about cost-effective measures to mitigate the
potential negative consequences of such a supply disruption;
and
(4) a peak oil strategy for Federal departments and
agencies to develop contingency plans in the event of a peak
and subsequent annualized decline of 4 percent of world oil
production from the prior year's baseline, and to provide
timely advice to Congress about cost-effective measures to
mitigate the potential negative consequences of such a peak.
(c) Proposed Regulations.--Not later than 270 days after the date
of the enactment of this Act, each Federal entity with jurisdiction to
take action under any requirement of the action plan shall propose, or
issue a notice of intent to propose, regulations meeting such
requirement.
(d) Notice of Intent To Propose Regulations.--If a Federal entity
issues a notice of intent to propose regulations under this section,
the entity shall propose such regulations not later than 330 days after
the date of the enactment of this Act.
(e) Final Regulations.--Not later than 18 months after the date of
the enactment of this Act, each Federal entity with jurisdiction to
take action under any requirement of the action plan shall promulgate
final versions of the regulations required under this section.
(f) Accompanying Analysis.--Each proposed and final regulation
promulgated under this section shall be accompanied by an analysis from
the applicable Federal entity demonstrating that the regulation will
achieve the oil savings required by the action plan.
SEC. 5. REPORT REQUIREMENT.
Not later than January 1, 2012, and every 3 years thereafter, the
Working Group shall transmit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that evaluates the progress achieved
in implementing the oil savings requirements established under section
4.
SEC. 6. REVISED ACTION PLAN.
(a) In General.--If intermediate oil savings targets set by the
action plan are not met, not later than 60 days after submission of a
report required under section 5, the Working Group may publish a
revised action plan that is sufficient to achieve the requirements
established under section 4.
(b) Proposed Regulations.--Not later than 60 days after submission
of the report required under section 5, each Federal entity with
jurisdiction to take action under any requirement of the revised action
plan shall propose, or issue a notice of intent to propose, regulations
meeting such requirement.
(c) Notice of Intent To Propose Regulations.--If a Federal entity
issues a notice of intent to propose regulations under this section,
the entity shall propose such regulations not later than 120 days after
submission of the report required under section 5.
(d) Final Regulations.--Not later than 6 months after publication
of the report required under section 5, each Federal entity with
jurisdiction to take action under any requirement of the revised action
plan shall promulgate final versions of the regulations required under
this section.
(e) Accompanying Analysis.--Each proposed and final regulation
promulgated under this section shall be accompanied by an analysis from
the applicable Federal entity demonstrating that the regulation will
achieve the oil savings required by the revised action plan.
SEC. 7. DETERMINATION OF A BASELINE.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Working Group established under section 3
shall determine the baseline level of United States consumption of
barrels of oil per day on average.
(b) Energy Information Administration.--In determining the baseline
level of United States oil consumption, the Working Group shall utilize
the expertise and resources of the Energy Information Administration,
particularly in validating statistical data that may be relevant, and
shall consider the Energy Information Administration's Annual Energy
Outlook 2008 and Annual Energy Outlook 2009 Early Release.
(c) Information From Federal Entities.--Each executive department,
bureau, commission, agency, board, office, independent establishment,
or instrumentality of the Federal Government shall make available to
the Working Group upon request any data, information, estimates,
statistics, and access to any employee necessary for the determination
of the baseline under this section.
|
Oil Savings Act of 2009 - Requires a Commissioner of the Federal Trade Commission (FTC), appointed by the FTC Chairperson, to establish, and serve as Director of, an interagency working group, which shall publish in the Federal Register an action plan for achieving oil savings. Authorizes the working group to publish a revised action plan if intermediate oil savings targets set by the action plan are not met. Requires the working group to determine the baseline level of US consumption of barrels of oil per day on average.
|
To promote the national security and stability of the United States economy by reducing the dependence of the United States on foreign oil, and for other purposes.
| 7,314
| 527
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Oil Savings Act of 2009". <SECTION-HEADER> FINDINGS. Congress finds that the United States imports more oil from the Middle East today than before the attacks on the United States on September 11, 2001. The United States remains the most oil-dependent industrialized nation in the world, consuming approximately 25 percent of the world's oil despite having only 2-3 percent of the world's oil reserves. The ongoing dependence of the United States on foreign oil is one of the greatest threats to the national security and economy of the United States. And the United States needs to take transformative steps to wean itself from its addiction to oil. <SECTION-HEADER> ESTABLISHING AN INTERAGENCY WORKING GROUP. Not later than 30 days after the date of the enactment of this Act, a Commissioner of the Federal Trade Commission, appointed by the Chairperson of the Federal Trade Commission, shall establish, and serve as the Director of, an interagency working group consisting of the Secretary of Energy, the Chairman of the Federal Energy Regulatory Commission, and department heads from other appropriate Federal entities determined by the Director. <SECTION-HEADER> ACTION PLAN. In General. Not later than 270 days after the date of the enactment of this Act, the Working Group shall publish in the Federal Register an action plan. Requirements. The action plan shall include intermediate oil savings targets for each calendar year beginning on the calendar year after the date of the enactment of this Act. A list of requirements, including the oil savings to be achieved by each requirement, that will be sufficient, when taken together, to save from the baseline determined under section 7 2,500,000 barrels of oil per day on average during calendar year 2015. 7,000,000 barrels of oil per day on average during calendar year 2025. And 10,000,000 barrels of oil per day on average during calendar year 2030. A supply disruption strategy for Federal departments and agencies to develop contingency plans in the event of a supply disruption resulting in a precipitous and short-term annualized decline of 4 percent of world oil production from the prior year's baseline, and to provide timely advice to Congress about cost-effective measures to mitigate the potential negative consequences of such a supply disruption. And a peak oil strategy for Federal departments and agencies to develop contingency plans in the event of a peak and subsequent annualized decline of 4 percent of world oil production from the prior year's baseline, and to provide timely advice to Congress about cost-effective measures to mitigate the potential negative consequences of such a peak. Proposed Regulations. Not later than 270 days after the date of the enactment of this Act, each Federal entity with jurisdiction to take action under any requirement of the action plan shall propose, or issue a notice of intent to propose, regulations meeting such requirement. Notice of Intent To Propose Regulations. If a Federal entity issues a notice of intent to propose regulations under this section, the entity shall propose such regulations not later than 330 days after the date of the enactment of this Act. Final Regulations. Not later than 18 months after the date of the enactment of this Act, each Federal entity with jurisdiction to take action under any requirement of the action plan shall promulgate final versions of the regulations required under this section. Accompanying Analysis. Each proposed and final regulation promulgated under this section shall be accompanied by an analysis from the applicable Federal entity demonstrating that the regulation will achieve the oil savings required by the action plan. <SECTION-HEADER> REPORT REQUIREMENT. Not later than January 1, 2012, and every 3 years thereafter, the Working Group shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that evaluates the progress achieved in implementing the oil savings requirements established under section 4. <SECTION-HEADER> REVISED ACTION PLAN. In General. If intermediate oil savings targets set by the action plan are not met, not later than 60 days after submission of a report required under section 5, the Working Group may publish a revised action plan that is sufficient to achieve the requirements established under section 4. Proposed Regulations. Not later than 60 days after submission of the report required under section 5, each Federal entity with jurisdiction to take action under any requirement of the revised action plan shall propose, or issue a notice of intent to propose, regulations meeting such requirement. Notice of Intent To Propose Regulations. If a Federal entity issues a notice of intent to propose regulations under this section, the entity shall propose such regulations not later than 120 days after submission of the report required under section 5. Final Regulations. Not later than 6 months after publication of the report required under section 5, each Federal entity with jurisdiction to take action under any requirement of the revised action plan shall promulgate final versions of the regulations required under this section. Accompanying Analysis. Each proposed and final regulation promulgated under this section shall be accompanied by an analysis from the applicable Federal entity demonstrating that the regulation will achieve the oil savings required by the revised action plan. <SECTION-HEADER> DETERMINATION OF A BASELINE. In General. Not later than 120 days after the date of the enactment of this Act, the Working Group established under section 3 shall determine the baseline level of United States consumption of barrels of oil per day on average. Energy Information Administration. In determining the baseline level of United States oil consumption, the Working Group shall utilize the expertise and resources of the Energy Information Administration, particularly in validating statistical data that may be relevant, and shall consider the Energy Information Administration's Annual Energy Outlook 2008 and Annual Energy Outlook 2009 Early Release. Information From Federal Entities. Each executive department, bureau, commission, agency, board, office, independent establishment, or instrumentality of the Federal Government shall make available to the Working Group upon request any data, information, estimates, statistics, and access to any employee necessary for the determination of the baseline under this section.
|
Oil Savings Act of 2009 - Requires a Commissioner of the Federal Trade Commission (FTC), appointed by the FTC Chairperson, to establish, and serve as Director of, an interagency working group, which shall publish in the Federal Register an action plan for achieving oil savings. Authorizes the working group to publish a revised action plan if intermediate oil savings targets set by the action plan are not met. Requires the working group to determine the baseline level of US consumption of barrels of oil per day on average.
|
To promote the national security and stability of the United States economy by reducing the dependence of the United States on foreign oil, and for other purposes.
|
103_hr2914
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Multifamily Housing Emergency
Disposition Act of 1993''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the Department of Housing and Urban Development has a
large and growing inventory of multifamily housing projects
owned by the Department and multifamily housing projects
subject to mortgages in foreclosure that are held by the
Department;
(2) the total number of such housing projects in the
inventory of the Department at the beginning of fiscal year
1993 was 444 and is likely to increase to 742 by the end of
fiscal year 1998;
(3) the Secretary of Housing and Urban Development has
estimated that the Department will lose as much as
$11,900,000,000 as a result of mortgage foreclosures on
multifamily housing projects insured by the Department, which
is equivalent to 25 percent of the value of all mortgages
insured under the General Insurance Fund;
(4) the Department is not prepared to manage an inventory
of multifamily housing projects as large as the inventory
expected by the end of fiscal year 1993, resulting in increased
holding and disposition costs for such projects; and
(5) existing laws would require the attachment of
$7,000,000,000 of rental assistance in the form of 15-year
contracts under section 8 of the United States Housing Act of
1937 to eliminate the backlog of multifamily housing projects
in the inventory of the Department.
(b) Purpose.--The purpose of this Act, therefore, is--
(1) to declare that an emergency exists with respect to the
disposition of multifamily housing projects in the inventory of
the Department;
(2) to provide for flexibility in disposing of such
projects by removing some of the statutory requirements that
impede the sale of such projects;
(3) to encourage assistance for residents of such projects
through means other than rental assistance under section 8 of
the United States Housing Act of 1937; and
(4) to maintain, to the maximum extent possible, the low-
income character of such projects while disposing of such
projects in an economical and expeditious manner.
SEC. 3. EMERGENCY PROVISIONS.
(a) Authority.--During the period in which the property disposition
emergency under this Act is in effect pursuant to section 4, the
Secretary of Housing and Urban Development may dispose of any
multifamily housing project in accordance with the provisions this Act.
(b) Applicability of Section 203 Requirements.--The provisions of
section 203 of the Housing and Community Development Amendments of 1978
shall apply to the disposition of multifamily housing projects under
this Act, except to the extent that--
(1) any such provision is waived pursuant to section 5 of
this Act; or
(2) any such provision is inconsistent with any provision
of this Act, and then only to the extent of such inconsistency.
The Secretary may determine whether inconsistencies referred to in
paragraph (2) exist.
(c) Requirements.--In disposing of any subsidized or formerly
subsidized multifamily housing project under this Act, the Secretary
shall, to the extent that budget authority is available--
(1) enter into--
(A) a nonrenewable contract under section 8 of the
United States Housing Act of 1937 having a term of not
less than 60 months and not more than 180 months that
provides project-based assistance for units in the
project; or
(B) annual contributions contracts with the
appropriate public housing agency to provide tenant-
based rental assistance under section 8 of the United
States Housing Act of 1937 for a total term, including
renewals, of not more than 180 months; and
(2) provide the assistance under paragraph (1) on behalf of
all of the very low-income families occupying the project on
the date the project is sold by the Secretary (or such other
prior date as the Secretary may determine appropriate), except
that the Secretary may in addition provide such assistance to
other eligible low-income families occupying such a project on
such date if the Secretary determines that such assistance is
appropriate under market conditions in the area in which the
project is located.
(d) Alternative Requirements.--In lieu of, or in addition to, the
actions required under subsection (c), the Secretary shall--
(1) seek to ensure, through means other than assistance
under such section 8, that rent charges for units in the
project remain affordable (as such term is defined by the
Secretary) for a reasonable period of time determined by the
Secretary;
(2) encourage the provision of assistance from non-Federal
sources to maintain the affordability of rent charges for units
in the project; and
(3) encourage the sale of the project to a local nonprofit
organization.
(e) Unsubsidized Projects.--In connection with the disposition
under this Act of a multifamily housing project that is not a
subsidized or formerly subsidized project, the Secretary is not
required to provide assistance under section 8 of the United States
Housing Act of 1937, but the Secretary may take any of the actions
specified in subsection (d).
(f) Additional Assistance.--In order to facilitate the disposition
of a multifamily housing project under this Act, the Secretary may
provide project-based assistance under section 8 of the United States
Housing Act of 1937 with respect to units for which such assistance is
not required by this Act.
(g) Nonrental Uses of Projects.--In disposing of any multifamily
housing project under this Act, the Secretary may make the project or
units in project available--
(1) for uses related to low-income housing other than
rental or cooperative use, such as low-income homeownership
opportunities, shelters for the homeless, and office space for
resident or housing-related social services providers; and
(2) for any other use, if the Secretary, in consultation
with the local area-wide governing body, determines that such
use will assist efforts to reduce the geographic concentration
of low-income housing opportunities.
SEC. 4. DURATION OF EMERGENCY.
A property disposition emergency under this Act shall be in effect
during the period that--
(1) begins upon the enactment of this Act; and
(2) ends upon the conclusion of the third fiscal year that
begins after the date of the enactment of this Act.
SEC. 5. WAIVER OF DISPOSITION PLAN REQUIREMENTS.
The Secretary may waive any of the provisions of section 203(e) of
the Housing and Community Development Amendments of 1978 with respect
to the disposition of any multifamily housing project under this Act,
as the Secretary determines appropriate to expedite such disposition of
multifamily housing projects.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Multifamily housing project.--The term ``multifamily
housing project'' has the meaning given the term in section
203(i) of the Housing and Community Development Amendments of
1978.
(2) Subsidized project and formerly subsidized project.--
The terms ``subsidized project'' and ``formerly subsidized
project'' have the meanings given the terms in section
203(i)(2) of the Housing and Community Development Amendments
of 1978, except that, notwithstanding subparagraph (E) of such
section, such terms include multifamily housing projects
receiving project-based housing assistance payments under
section 8 of the United States Housing Act of 1937 or under
section 23 of the United States Housing Act of 1937 (as in
effect before January 1, 1975) for 50 percent or fewer of the
units in the project immediately prior to the assignment of the
mortgage on such project to, or acquisition of such mortgage
by, the Secretary.
(3) Low-income and very low-income.--The terms ``low-
income'' and ``very low-income'' have the meanings given such
terms in section 3(b) of the United States Housing Act of 1937.
SEC. 7. CONFORMING AMENDMENT.
Section 203(i)(2)(E) of the Housing and Community Development
Amendments of 1978 (12 U.S.C. 1701z-11(i)(2)(E)) is amended by
inserting ``tenant-based'' before ``certificates''.
|
FHA Multifamily Housing Emergency Disposition Act of 1993 - Authorizes the Secretary of Housing and Urban Development (HUD) to dispose of HUD-held or -foreclosed multifamily housing projects without regard to specified provisions of the Housing and Community Development Amendments of 1978 during a three-year emergency period.
|
FHA Multifamily Housing Emergency Disposition Act of 1993
| 9,145
| 327
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "FHA Multifamily Housing Emergency Disposition Act of 1993". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. The Congress finds that the Department of Housing and Urban Development has a large and growing inventory of multifamily housing projects owned by the Department and multifamily housing projects subject to mortgages in foreclosure that are held by the Department. The total number of such housing projects in the inventory of the Department at the beginning of fiscal year 1993 was 444 and is likely to increase to 742 by the end of fiscal year 1998. The Secretary of Housing and Urban Development has estimated that the Department will lose as much as $11,900,000,000 as a result of mortgage foreclosures on multifamily housing projects insured by the Department, which is equivalent to 25 percent of the value of all mortgages insured under the General Insurance Fund. The Department is not prepared to manage an inventory of multifamily housing projects as large as the inventory expected by the end of fiscal year 1993, resulting in increased holding and disposition costs for such projects. And existing laws would require the attachment of $7,000,000,000 of rental assistance in the form of 15-year contracts under section 8 of the United States Housing Act of 1937 to eliminate the backlog of multifamily housing projects in the inventory of the Department. Purpose. The purpose of this Act, therefore, is to declare that an emergency exists with respect to the disposition of multifamily housing projects in the inventory of the Department. To provide for flexibility in disposing of such projects by removing some of the statutory requirements that impede the sale of such projects. To encourage assistance for residents of such projects through means other than rental assistance under section 8 of the United States Housing Act of 1937. And to maintain, to the maximum extent possible, the low- income character of such projects while disposing of such projects in an economical and expeditious manner. <SECTION-HEADER> EMERGENCY PROVISIONS. Authority. During the period in which the property disposition emergency under this Act is in effect pursuant to section 4, the Secretary of Housing and Urban Development may dispose of any multifamily housing project in accordance with the provisions this Act. Applicability of Section 203 Requirements. The provisions of section 203 of the Housing and Community Development Amendments of 1978 shall apply to the disposition of multifamily housing projects under this Act, except to the extent that any such provision is waived pursuant to section 5 of this Act. Or any such provision is inconsistent with any provision of this Act, and then only to the extent of such inconsistency. The Secretary may determine whether inconsistencies referred to in paragraph (2) exist. Requirements. In disposing of any subsidized or formerly subsidized multifamily housing project under this Act, the Secretary shall, to the extent that budget authority is available enter into a nonrenewable contract under section 8 of the United States Housing Act of 1937 having a term of not less than 60 months and not more than 180 months that provides project-based assistance for units in the project. Or annual contributions contracts with the appropriate public housing agency to provide tenant- based rental assistance under section 8 of the United States Housing Act of 1937 for a total term, including renewals, of not more than 180 months. And provide the assistance under paragraph (1) on behalf of all of the very low-income families occupying the project on the date the project is sold by the Secretary , except that the Secretary may in addition provide such assistance to other eligible low-income families occupying such a project on such date if the Secretary determines that such assistance is appropriate under market conditions in the area in which the project is located. Alternative Requirements. In lieu of, or in addition to, the actions required under subsection (c), the Secretary shall seek to ensure, through means other than assistance under such section 8, that rent charges for units in the project remain affordable for a reasonable period of time determined by the Secretary. Encourage the provision of assistance from non-Federal sources to maintain the affordability of rent charges for units in the project. And encourage the sale of the project to a local nonprofit organization. Unsubsidized Projects. In connection with the disposition under this Act of a multifamily housing project that is not a subsidized or formerly subsidized project, the Secretary is not required to provide assistance under section 8 of the United States Housing Act of 1937, but the Secretary may take any of the actions specified in subsection (d). Additional Assistance. In order to facilitate the disposition of a multifamily housing project under this Act, the Secretary may provide project-based assistance under section 8 of the United States Housing Act of 1937 with respect to units for which such assistance is not required by this Act. Nonrental Uses of Projects. In disposing of any multifamily housing project under this Act, the Secretary may make the project or units in project available for uses related to low-income housing other than rental or cooperative use, such as low-income homeownership opportunities, shelters for the homeless, and office space for resident or housing-related social services providers. And for any other use, if the Secretary, in consultation with the local area-wide governing body, determines that such use will assist efforts to reduce the geographic concentration of low-income housing opportunities. <SECTION-HEADER> DURATION OF EMERGENCY. A property disposition emergency under this Act shall be in effect during the period that begins upon the enactment of this Act. And ends upon the conclusion of the third fiscal year that begins after the date of the enactment of this Act. <SECTION-HEADER> WAIVER OF DISPOSITION PLAN REQUIREMENTS. The Secretary may waive any of the provisions of section 203(e) of the Housing and Community Development Amendments of 1978 with respect to the disposition of any multifamily housing project under this Act, as the Secretary determines appropriate to expedite such disposition of multifamily housing projects. <SECTION-HEADER> DEFINITIONS. For purposes of this Act: Multifamily housing project. The term "multifamily housing project" has the meaning given the term in section 203(i) of the Housing and Community Development Amendments of 1978. Subsidized project and formerly subsidized project. The terms "subsidized project" and "formerly subsidized project" have the meanings given the terms in section 203(i)(2) of the Housing and Community Development Amendments of 1978, except that, notwithstanding subparagraph (E) of such section, such terms include multifamily housing projects receiving project-based housing assistance payments under section 8 of the United States Housing Act of 1937 or under section 23 of the United States Housing Act of 1937 for 50 percent or fewer of the units in the project immediately prior to the assignment of the mortgage on such project to, or acquisition of such mortgage by, the Secretary. Low-income and very low-income. The terms "low- income" and "very low-income" have the meanings given such terms in section 3(b) of the United States Housing Act of 1937. <SECTION-HEADER> CONFORMING AMENDMENT. Section 203(i)(2)(E) of the Housing and Community Development Amendments of 1978 (12 USC. 1701z-11(i)(2)(E)) is amended by inserting "tenant-based" before "certificates".
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FHA Multifamily Housing Emergency Disposition Act of 1993 - Authorizes the Secretary of Housing and Urban Development (HUD) to dispose of HUD-held or -foreclosed multifamily housing projects without regard to specified provisions of the Housing and Community Development Amendments of 1978 during a three-year emergency period.
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FHA Multifamily Housing Emergency Disposition Act of 1993
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109_hr6382
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Abuse Transparency
and Accountability Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) American law enforcement has a fundamental duty to
provide compassion, aid, and protection and safety to the
people it serves.
(2) A primary function of law enforcement is to preserve
life, regardless of the race, ethnicity, religion, social or
economic standing, sexual preference, or country of origin of
the individuals involved.
(3) Over many years, thousands of cases of State and local
law enforcement agency violations of suspects, detainees, and
prisoners went inadequately addressed across the United States,
especially in African-American communities and other
communities of color or poverty.
(4) In recent years, procedures, training, and public
oversight have failed to significantly curb or eliminate abuses
and murders of innocent suspects and citizens at the hands of
officers of the law, to fully investigate claims of excessive
use of force, or to adequately reprimand, punish, or remove
such offenders or their superiors.
(5) A special prosecutor in Chicago has been investigating
a police abuse ring that operated over three decades with
impunity, responsible for torturing over 200 African-American
males in their custody at the Area 2 and Area 3 police
headquarters.
(6) Since the 1997 New York Police Department torture of
Abner Louima, and the fatal shooting of Amadou Bailo Diallo in
1999, public and media attention concerning abuse of power and
the unjustified and improper use of force by law enforcement in
communities of color has continuously increased, as have the
number of outraged community responses and the demands for
external oversight of police practices.
(7) More recently, police in Chicago on November 25, 2006,
police officers in New York City shot 50 times and killed an
unarmed man, Sean Bell. The next day, a community rally
protested the police action and called for the removal of
Police Commissioner Raymond Kelly.
(8) Fatal shootings and abuse of suspects and prisoners
have come to light again recently in other cities, including
Atlanta, Georgia, and DeKalb County, Georgia.
(9) Every major State and local city law enforcement agency
receives and depends on some level of Federal funding,
training, grants, or assistance, paid for primarily from the
tax revenues of the citizens being abused.
(10) The common and continuing unaccountable behavior and
silence of members of law enforcement agencies regarding these
abuses are a disgrace to the efforts of law enforcement
agencies throughout the United States and should not be
tolerated.
(11) The lack of transparency, oversight, community
involvement, independent review and investigation, and
consequences to the law enforcement violators makes continuing
abuse more likely, and must be reversed by denying Federal
funding to any law enforcement agency that fails to establish a
minimum of professional training and procedures of engagement;
that tolerates abuses or fatal use of excessive force; that
fails to operate under rules of transparency and community
oversight, investigation, and review; that fails to discipline,
remove, or otherwise hold accountable any perpetrators acting
under the color of law enforcement; or that refuses to fairly
hear each case or allegation of possible abuse or excessive use
of force by law enforcement officers, reviewed by an
established and independent forum.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the dishonorable actions referred
to in section 2 should be independently investigated, recorded, and
condemned.
SEC. 4. INELIGIBILITY FOR FEDERAL ASSISTANCE.
(a) In General.--During the 1-year period beginning on the date of
enactment of this Act, or until transparency and accountability are
fully restored, law enforcement agencies that do not have established
procedures for independent oversight and review, or do not hold
violations by police of excessive use of force, torture, or
manslaughter accountable, shall be ineligible to participate in any
Federal program, whether by funding, assistance, contract, grant,
personnel support, or otherwise.
(b) Licenses.--During the 1-year period beginning on the date of
enactment of this Act, any Federal license issued to any such law
enforcement agencies shall be suspended, or until transparency and
accountability are fully restored.
(c) Equipment.--Law enforcement agencies identified as carrying out
abuses or wrongful deaths, without consequence or open public review or
allegations, shall immediately return all federally-owned equipment in
the possession or use of such law enforcement agencies to the
appropriate Federal agency.
SEC. 5. LAW ENFORCEMENT AGENCIES DEFINED.
In this Act, the term ``law enforcement agencies'' means the
following entities in any State or locality within the control and
jurisdiction of the United States receiving Federal funds for training,
equipment, or other support.
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Law Enforcement Abuse Transparency and Accountability Act of 2006 - Expresses the sense of Congress that incidences of law enforcement abuse of citizens should be independently investigated, recorded, and condemned. Renders state or local law enforcement agencies receiving assistance from the federal government ineligible for further assistance, licenses, or federally-owned equipment until such agencies establish procedures for independent oversight and review and hold police officers accountable for excessive use of force, torture, or manslaughter.
|
To deny Federal assistance to any State or local law enforcement agencies whose officers use excessive force or violence leading to the death of innocent or unarmed citizens, or who fail to establish, enforce and follow transparent and accountable procedures that fully protect the lives and health of citizens during surveillance, interrogation, arrest or imprisonment from torture, excessive physical or psychological abuse and death, and to require a system of transparent legal and public review of such allegations and cases that can result in the sanction, punishment and removal of officers who perpetrate such abuses or their superiors.
| 5,640
| 555
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Law Enforcement Abuse Transparency and Accountability Act of 2006". <SECTION-HEADER> FINDINGS. Congress finds the following: American law enforcement has a fundamental duty to provide compassion, aid, and protection and safety to the people it serves. A primary function of law enforcement is to preserve life, regardless of the race, ethnicity, religion, social or economic standing, sexual preference, or country of origin of the individuals involved. Over many years, thousands of cases of State and local law enforcement agency violations of suspects, detainees, and prisoners went inadequately addressed across the United States, especially in African-American communities and other communities of color or poverty. In recent years, procedures, training, and public oversight have failed to significantly curb or eliminate abuses and murders of innocent suspects and citizens at the hands of officers of the law, to fully investigate claims of excessive use of force, or to adequately reprimand, punish, or remove such offenders or their superiors. A special prosecutor in Chicago has been investigating a police abuse ring that operated over three decades with impunity, responsible for torturing over 200 African-American males in their custody at the Area 2 and Area 3 police headquarters. Since the 1997 New York Police Department torture of Abner Louima, and the fatal shooting of Amadou Bailo Diallo in 1999, public and media attention concerning abuse of power and the unjustified and improper use of force by law enforcement in communities of color has continuously increased, as have the number of outraged community responses and the demands for external oversight of police practices. More recently, police in Chicago on November 25, 2006, police officers in New York City shot 50 times and killed an unarmed man, Sean Bell. The next day, a community rally protested the police action and called for the removal of Police Commissioner Raymond Kelly. Fatal shootings and abuse of suspects and prisoners have come to light again recently in other cities, including Atlanta, Georgia, and DeKalb County, Georgia. Every major State and local city law enforcement agency receives and depends on some level of Federal funding, training, grants, or assistance, paid for primarily from the tax revenues of the citizens being abused. The common and continuing unaccountable behavior and silence of members of law enforcement agencies regarding these abuses are a disgrace to the efforts of law enforcement agencies throughout the United States and should not be tolerated. The lack of transparency, oversight, community involvement, independent review and investigation, and consequences to the law enforcement violators makes continuing abuse more likely, and must be reversed by denying Federal funding to any law enforcement agency that fails to establish a minimum of professional training and procedures of engagement, that tolerates abuses or fatal use of excessive force. That fails to operate under rules of transparency and community oversight, investigation, and review. That fails to discipline, remove, or otherwise hold accountable any perpetrators acting under the color of law enforcement. Or that refuses to fairly hear each case or allegation of possible abuse or excessive use of force by law enforcement officers, reviewed by an established and independent forum. <SECTION-HEADER> SENSE OF CONGRESS. It is the sense of Congress that the dishonorable actions referred to in section 2 should be independently investigated, recorded, and condemned. <SECTION-HEADER> INELIGIBILITY FOR FEDERAL ASSISTANCE. In General. During the 1-year period beginning on the date of enactment of this Act, or until transparency and accountability are fully restored, law enforcement agencies that do not have established procedures for independent oversight and review, or do not hold violations by police of excessive use of force, torture, or manslaughter accountable, shall be ineligible to participate in any Federal program, whether by funding, assistance, contract, grant, personnel support, or otherwise. Licenses. During the 1-year period beginning on the date of enactment of this Act, any Federal license issued to any such law enforcement agencies shall be suspended, or until transparency and accountability are fully restored. Equipment. Law enforcement agencies identified as carrying out abuses or wrongful deaths, without consequence or open public review or allegations, shall immediately return all federally-owned equipment in the possession or use of such law enforcement agencies to the appropriate Federal agency. <SECTION-HEADER> LAW ENFORCEMENT AGENCIES DEFINED. In this Act, the term "law enforcement agencies" means the following entities in any State or locality within the control and jurisdiction of the United States receiving Federal funds for training, equipment, or other support.
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Law Enforcement Abuse Transparency and Accountability Act of 2006 - Expresses the sense of Congress that incidences of law enforcement abuse of citizens should be independently investigated, recorded, and condemned. Renders state or local law enforcement agencies receiving assistance from the federal government ineligible for further assistance, licenses, or federally-owned equipment until such agencies establish procedures for independent oversight and review and hold police officers accountable for excessive use of force, torture, or manslaughter.
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To deny Federal assistance to any State or local law enforcement agencies whose officers use excessive force or violence leading to the death of innocent or unarmed citizens, or who fail to establish, enforce and follow transparent and accountable procedures that fully protect the lives and health of citizens during surveillance, interrogation, arrest or imprisonment from torture, excessive physical or psychological abuse and death, and to require a system of transparent legal and public review of such allegations and cases that can result in the sanction, punishment and removal of officers who perpetrate such abuses or their superiors.
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104_s1786
|
SECTION 1. DEMONSTRATION PROJECT FOR MEDICARE REIMBURSEMENT OF
DEPARTMENT OF VETERANS AFFAIRS FOR HEALTH CARE PROVIDED
TO CERTAIN MEDICARE-ELIGIBLE VETERANS.
(a) In General.--Notwithstanding any other provision of law and
subject to subsection (b), the Secretary of Veterans Affairs and the
Secretary of Health and Human Services shall enter into an agreement in
order to carry out a demonstration project under which the Secretary of
Health and Human Services reimburses the Secretary of Veterans Affairs,
on a capitated basis, from the Medicare program under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.) for health care
services provided by the Secretary of Veterans Affairs to covered
veterans.
(b) Project Requirements.--(1)(A) The Secretary of Veterans Affairs
shall carry out the demonstration project in not less than two or more
than four Veterans Integrated Service Networks.
(B) For purposes of the demonstration project, the health care
facilities of the Department of Veterans Affairs in each Veterans
Integrated Service Network in which the Secretary carries out the
demonstration project shall be deemed to meet such standards as are
applicable to providers of services under the Medicare program under
title XVIII of the Social Security Act.
(2)(A) The Secretary of Veterans Affairs shall budget for and
expend on health care services in each Veterans Integrated Service
Network in which the demonstration project is carried out an amount
equal to the amount that the Secretary would otherwise budget for and
expend on such services in the absence of the project.
(B) The Secretary may not be reimbursed under the project for
health care services provided to covered veterans in a Veterans
Integrated Service Network until the amount expended by the Secretary
to provide health care services in that network exceeds the amount
budgeted for health care services with respect to that network under
subparagraph (A).
(3) The agreement between the Secretary of Veterans Affairs and the
Secretary of Health and Human Services shall provide that the cost to
the Medicare program of providing services under the project does not
exceed the cost that the Medicare program would otherwise incur in
providing such services.
(4) The authority of the Secretary of Veterans Affairs to carry out
the project shall expire 3 years after the date of the commencement of
the project.
(c) Reports.--Not later than 14 months after the commencement of
the demonstration project under subsection (a), and annually thereafter
until the year following the year in which the project is terminated,
the Secretary of Veterans Affairs and the Secretary of Health and Human
Services shall jointly submit to Congress a report on the demonstration
project. The report shall include the following:
(1) The number of covered veterans provided health care
services under the project during the previous year.
(2) An assessment of the benefits to such veterans of
receiving health care services under the project.
(3) A description of the cost shifting, if any, among
medical care programs of the Department of Veterans Affairs
that results from the project.
(4) A description of the cost shifting, if any, from the
Department to the Medicare program that results from the
project.
(5) An analysis of the effect of the project on the
following:
(A) Access to the health care facilities of the
Department.
(B) The availability of space and facilities and
the capabilities of medical staff to provide fee-for-
service medical care.
(C) Established priorities for treatment of
veterans under chapter 17 of title 38, United States
Code.
(D) The cost to the Department of providing
prescription drugs to veterans.
(E) The quality of health care provided by the
Department.
(F) Health care providers and covered veterans in
the communities in which the project is carried out.
(6) An assessment of the effects of continuing the project
on--
(A) the overall budget of the Department for health
care; and
(B) the budget of each Veterans Integrated Service
Network covered by the project.
(7) An assessment of the effects of continuing the project
on expenditures from the Medicare trust funds under title XVIII
of the Social Security Act.
(8) An analysis of the lessons learned by the Department as
a result of the project.
(9) Any other information that the Secretary of Veterans
Affairs and the Secretary of Health and Human Services jointly
consider appropriate.
(d) Review by Comptroller General.--Not later than December 31 of
each year in which the demonstration project is carried out under this
section, the Comptroller General shall determine and submit to Congress
a report on the extent, if any, to which the costs of the Secretary of
Veterans Affairs under title 38, United States Code, and the costs of
the Secretary of Health and Human Services under the Medicare program
have increased as a result of the project.
(e) Definition.--In this section, the term ``covered veterans''
means any veteran entitled to benefits under part A of title XVIII of
the Social Security Act who is eligible for health care under chapter
17 of title 38, United States Code, for a reason other than a service-
connected disability.
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Directs the Secretaries of Veterans Affairs and Health and Human Services to conduct and report to the Congress on a demonstration project providing for Medicare reimbursement for health care services provided by the Department of Veterans Affairs to Medicare-eligible veterans.
|
A bill to require the Secretary of Veterans Affairs and the Secretary of Health and Human Resources to carry out a demonstration project to provide the Department of Veterans Affairs with reimbursement from the medicare program for health care services provided to certain medicare-eligible veterans.
| 5,885
| 278
|
<SECTION-HEADER> DEMONSTRATION PROJECT FOR MEDICARE REIMBURSEMENT OF DEPARTMENT OF VETERANS AFFAIRS FOR HEALTH CARE PROVIDED TO CERTAIN MEDICARE-ELIGIBLE VETERANS. In General. Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Veterans Affairs and the Secretary of Health and Human Services shall enter into an agreement in order to carry out a demonstration project under which the Secretary of Health and Human Services reimburses the Secretary of Veterans Affairs, on a capitated basis, from the Medicare program under title XVIII of the Social Security Act for health care services provided by the Secretary of Veterans Affairs to covered veterans. Project Requirements. (1)(A) The Secretary of Veterans Affairs shall carry out the demonstration project in not less than two or more than four Veterans Integrated Service Networks. For purposes of the demonstration project, the health care facilities of the Department of Veterans Affairs in each Veterans Integrated Service Network in which the Secretary carries out the demonstration project shall be deemed to meet such standards as are applicable to providers of services under the Medicare program under title XVIII of the Social Security Act. (A) The Secretary of Veterans Affairs shall budget for and expend on health care services in each Veterans Integrated Service Network in which the demonstration project is carried out an amount equal to the amount that the Secretary would otherwise budget for and expend on such services in the absence of the project. The Secretary may not be reimbursed under the project for health care services provided to covered veterans in a Veterans Integrated Service Network until the amount expended by the Secretary to provide health care services in that network exceeds the amount budgeted for health care services with respect to that network under subparagraph (A). The agreement between the Secretary of Veterans Affairs and the Secretary of Health and Human Services shall provide that the cost to the Medicare program of providing services under the project does not exceed the cost that the Medicare program would otherwise incur in providing such services. The authority of the Secretary of Veterans Affairs to carry out the project shall expire 3 years after the date of the commencement of the project. Reports. Not later than 14 months after the commencement of the demonstration project under subsection (a), and annually thereafter until the year following the year in which the project is terminated, the Secretary of Veterans Affairs and the Secretary of Health and Human Services shall jointly submit to Congress a report on the demonstration project. The report shall include the following: The number of covered veterans provided health care services under the project during the previous year. An assessment of the benefits to such veterans of receiving health care services under the project. A description of the cost shifting, if any, among medical care programs of the Department of Veterans Affairs that results from the project. A description of the cost shifting, if any, from the Department to the Medicare program that results from the project. An analysis of the effect of the project on the following: Access to the health care facilities of the Department. The availability of space and facilities and the capabilities of medical staff to provide fee-for- service medical care. Established priorities for treatment of veterans under chapter 17 of title 38, United States Code. The cost to the Department of providing prescription drugs to veterans. The quality of health care provided by the Department. Health care providers and covered veterans in the communities in which the project is carried out. An assessment of the effects of continuing the project on the overall budget of the Department for health care. And the budget of each Veterans Integrated Service Network covered by the project. An assessment of the effects of continuing the project on expenditures from the Medicare trust funds under title XVIII of the Social Security Act. An analysis of the lessons learned by the Department as a result of the project. Any other information that the Secretary of Veterans Affairs and the Secretary of Health and Human Services jointly consider appropriate. Review by Comptroller General. Not later than December 31 of each year in which the demonstration project is carried out under this section, the Comptroller General shall determine and submit to Congress a report on the extent, if any, to which the costs of the Secretary of Veterans Affairs under title 38, United States Code, and the costs of the Secretary of Health and Human Services under the Medicare program have increased as a result of the project. Definition. In this section, the term "covered veterans" means any veteran entitled to benefits under part A of title XVIII of the Social Security Act who is eligible for health care under chapter 17 of title 38, United States Code, for a reason other than a service- connected disability.
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Directs the Secretaries of Veterans Affairs and Health and Human Services to conduct and report to the Congress on a demonstration project providing for Medicare reimbursement for health care services provided by the Department of Veterans Affairs to Medicare-eligible veterans.
|
A bill to require the Secretary of Veterans Affairs and the Secretary of Health and Human Resources to carry out a demonstration project to provide the Department of Veterans Affairs with reimbursement from the medicare program for health care services provided to certain medicare-eligible veterans.
|
110_hr2070
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Learning Assessment
for Students and Schools (CLASS) Act''.
SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY PROGRESS AND ASSESSMENTS.
(a) Continuous Growth Models.--Clause (iii) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended by striking ``for all students'' and
inserting ``for all students, as demonstrated by measures of students'
progress toward proficiency, including longitudinal growth''.
(b) Averaging Procedure.--Subparagraph (J) of section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended by adding at the end the following:
``(iv) The State may average data by other
means that are designed to increase the
stability of school-building results from year
to year.''.
(c) Adequate Yearly Progress by Group and Subject.--Section 1116(b)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)) is amended--
(1) in subparagraph (A) of paragraph (1), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``that fails, for 2 consecutive
years,'';
(2) in paragraph (5), by inserting ``with respect to the
performance of a particular group of students described in
section 1111(b)(2)(C)(v) in the same academic subject,'' after
``that fails to make adequate yearly progress,'';
(3) in subparagraph (C) of paragraph (7), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``that fails to make adequate yearly
progress,''; and
(4) in subparagraph (A) of paragraph (8), by inserting
``with respect to the performance of a particular group of
students described in section 1111(b)(2)(C)(v) in the same
academic subject,'' after ``continues to fail to make adequate
yearly progress,''.
(d) Multiple Measures.--Subparagraph (A) of section 1111(b)(2) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)) is amended--
(1) at the end of clause (ii), by striking ``and'';
(2) at the end of clause (iii), by striking the period and
inserting ``; and''; and
(3) at the end, by adding the following:
``(iv) include multiple measures of student
academic achievement, such as the proportion of
State report card indicators met, a performance
index score, student drop-out rate, and a
measure based on individual student achievement
gains over time, disaggregated by each of the
groups of students described in subparagraph
(C)(v).''.
(e) Cut Scores.--Clause (ii) of section 1111(b)(1)(D) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1)(D)) is amended--
(1) in subclause (II), by striking ``and'' at the end;
(2) in subclause (III), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(IV) take into consideration the
continuum of achievement by children
within the advanced, proficient, and
basic levels of achievement described
in subclauses (II) and (III) and the
yearly progress by children within such
continuum.''.
(f) No First Score Requirement.--Clause (iv) of section
1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended--
(1) by striking ``(iv) measures'' and inserting ``(iv)(I)
measures'';
(2) by inserting ``and'' after ``in paragraph (3);''; and
(3) by adding at the end the following:
``(II) if a student takes an assessment
described in paragraph (3) for a particular
subject or grade level more than once, may use,
at the State's discretion, the student's
results from subsequent administrations of the
assessment;''.
(g) Limiting Transfer Options and Supplemental Services to Students
From Failing Groups.--Section 1116 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316) is amended--
(1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and
(8)(A)(i) of subsection (b), by striking the term ``all
students enrolled in the school'' each place such term appears
and inserting ``all students enrolled in the school, who are
members of a group described in section 1111(b)(2)(C)(v) that
fails to make adequate yearly progress as defined in the
State's plan under section 1111(b)(2),'';
(2) in clause (vii) of subsection (c)(10)(C), by inserting
``, who are members of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2),'' after
``Authorizing students''; and
(3) in subparagraph (A) of subsection (e)(12), by inserting
``, who is a member of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2)'' after
``under section 1113(c)(1)''.
(h) Assessments.--Clause (ii) of section 1111(b)(3)(C) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(3)(C)) is amended to read as follows:
``(ii) be fully aligned with the State's
challenging academic content and student
academic achievement standards, be aligned with
curriculum and instruction to adequately assess
the effect of curriculum and instruction on
each such challenging academic content
standard, include individual test items (based
on technical criteria) that enable students to
achieve the items if the students received
appropriate instruction, and provide coherent
information about student attainment of the
State's challenging academic content and
student academic achievement standards;''.
(i) Assessing Students With Disabilities.--
(1) In general.--Subsection (b) of section 1111 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311)
is amended by adding at the end the following:
``(11) Children with disabilities.--
``(A) Modification of standards, assessments.--With
respect to a child with a disability, a State plan
shall provide for alternate challenging academic
content standards and challenging student academic
achievement standards under paragraph (1)(A), alternate
high standards of academic achievement described in
paragraph (2)(C)(i), and alternate yearly student
academic assessments described in paragraph (3), to
align such standards and assessments with the child's
individualized education program.
``(B) Determination of applicable assessment.--In
carrying out this paragraph, consistent with the
Individuals with Disabilities Education Act, the
State--
``(i) shall allow the individualized
education program team of each child with a
disability in the State to determine whether an
alternate academic assessment should be
administered to the child in lieu of the
academic assessment otherwise required by
paragraph (3);
``(ii) shall require the individualized
education program team of the child to select
any such alternate academic assessment from
among the alternate assessments included in the
State's plan pursuant to subparagraph (C); and
``(iii) shall require that any alternate
academic assessment administered to a child
under this paragraph be more advanced than any
such assessment administered to the child in a
previous school year under this paragraph.
``(C) Alternative assessments.--Each State plan
shall include alternate academic assessments that may
be administered to children with disabilities for
purposes of complying with this paragraph.
``(D) Definition.--In this paragraph, the term
`individualized education program' has the meaning
given to that term in section 602 of the Individuals
with Disabilities Education Act.''.
(2) Rule of construction.--The amendment made by paragraph
(1) shall be construed as superseding the 2.0 percent cap at
section 200.13(c)(1) of title 34, Code of Federal Regulations
(imposing a cap on the number of children with disabilities
whose proficient and advanced scores, although based on
alternate achievement standards, may be included in calculating
adequate yearly progress).
(j) Students With Limited English Proficiency.--Paragraph (2) of
section 1111(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)) is amended by adding at the end the following:
``(L) Students with limited english proficiency.--
Notwithstanding subparagraph (C)(v), a State may define
adequate yearly progress under subparagraph (C) in a
manner that measures the progress of students with
limited English proficiency--
``(i) by continuing to include in a group
of students described in subparagraph (C)(v)
students who attain proficiency in English; and
``(ii) by excluding the performance of
students with limited English proficiency who
have resided in the United States for less than
3 years and for whom native language
assessments in math and reading or language
arts are not available, so as to avoid any
distortion in measurement resulting from the
new arrivals of such students.''.
(k) Separate Starting Points.--Subparagraph (E) of section
1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended by striking ``, using data
for the 2001-2002 school year,'' and inserting ``, for each group of
students described in subparagraph (C)(v),''.
|
Comprehensive Learning Assessment for Students and Schools (CLASS) Act - Amends the Elementary and Secondary Education Act of 1965 to revise requirements affecting adequate yearly progress (AYP) assessments of students against state academic performance standards. Allows AYP longitudinal growth calculations and the averaging of school data in a manner designed to stabilize school-building results from year to year. Identifies a school as needing improvement, corrective action, or restructuring only on the basis of the unsatisfactory AYP of a particular group of students in the same academic subject for the requisite period of time. Requires multiple measures of student academic achievement. Requires academic achievement standards to calculate AYP within a continuum of achievement by children within advanced, proficient, and basic achievement levels. Allows states to use the results of subsequent assessments of students who take more than one assessment for the same grade and subject. Limits the provision of supplemental services and transfers to those students who fall within a group whose underperformance results in the school's failure to make AYP. Requires state assessments to be aligned with curriculum and instruction so their effectiveness may be assessed. Requires alternate standards and assessments for disabled children aligned with the child's individualized education program. Allows states to measure the AYP of limited English proficient (LEP) children by including children that have attained English proficiency and excluding LEP children who have resided in the country for less than three years. Allows states to set separate starting points for measuring the AYP of each student group.
|
To amend part A of title I of the Elementary and Secondary Education Act of 1965 regarding adequate yearly progress and assessments.
| 12,062
| 1,723
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Comprehensive Learning Assessment for Students and Schools (CLASS) Act". <SECTION-HEADER> AMENDMENTS REGARDING ADEQUATE YEARLY PROGRESS AND ASSESSMENTS. Continuous Growth Models. Clause (iii) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 USC. 6311(b)(2)(C)) is amended by striking "for all students" and inserting "for all students, as demonstrated by measures of students' progress toward proficiency, including longitudinal growth". Averaging Procedure. Subparagraph (J) of section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 USC. 6311(b)(2)) is amended by adding at the end the following: The State may average data by other means that are designed to increase the stability of school-building results from year to year.". Adequate Yearly Progress by Group and Subject. Section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 USC. 6316(b)) is amended in subparagraph (A) of paragraph (1), by inserting "with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject," after "that fails, for 2 consecutive years,". In paragraph (5), by inserting "with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject," after "that fails to make adequate yearly progress,". In subparagraph (C) of paragraph (7), by inserting "with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject," after "that fails to make adequate yearly progress,". And in subparagraph (A) of paragraph (8), by inserting "with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject," after "continues to fail to make adequate yearly progress,". Multiple Measures. Subparagraph (A) of section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 USC. 6311(b)(2)) is amended at the end of clause (ii), by striking "and". At the end of clause (iii), by striking the period and inserting ", and". And at the end, by adding the following: include multiple measures of student academic achievement, such as the proportion of State report card indicators met, a performance index score, student drop-out rate, and a measure based on individual student achievement gains over time, disaggregated by each of the groups of students described in subparagraph (v).". Cut Scores. Clause (ii) of section 1111(b)(1)(D) of the Elementary and Secondary Education Act of 1965 (20 USC. 6311(b)(1)(D)) is amended in subclause (II), by striking "and" at the end. In subclause (III), by striking the period at the end and inserting ", and". And by adding at the end the following: take into consideration the continuum of achievement by children within the advanced, proficient, and basic levels of achievement described in subclauses (II) and (III) and the yearly progress by children within such continuum.". No First Score Requirement. Clause (iv) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 USC. 6311(b)(2)(C)) is amended by striking "(iv) measures" and inserting "(iv)(I) measures", by inserting "and" after "in paragraph (3), ". And by adding at the end the following: if a student takes an assessment described in paragraph (3) for a particular subject or grade level more than once, may use, at the State's discretion, the student's results from subsequent administrations of the assessment. ". Limiting Transfer Options and Supplemental Services to Students From Failing Groups. Section 1116 of the Elementary and Secondary Education Act of 1965 is amended in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and (A)(i) of subsection (b), by striking the term "all students enrolled in the school" each place such term appears and inserting "all students enrolled in the school, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),". In clause (vii) of subsection (c)(10)(C), by inserting ", who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2)," after "Authorizing students". And in subparagraph (A) of subsection (e)(12), by inserting ", who is a member of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2)" after "under section 1113(c)(1)". Assessments. Clause (ii) of section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 USC. 6311(b)(3)(C)) is amended to read as follows: be fully aligned with the State's challenging academic content and student academic achievement standards, be aligned with curriculum and instruction to adequately assess the effect of curriculum and instruction on each such challenging academic content standard, include individual test items that enable students to achieve the items if the students received appropriate instruction, and provide coherent information about student attainment of the State's challenging academic content and student academic achievement standards. ". Assessing Students With Disabilities. In general. Subsection (b) of section 1111 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: Children with disabilities. Modification of standards, assessments. With respect to a child with a disability, a State plan shall provide for alternate challenging academic content standards and challenging student academic achievement standards under paragraph (1)(A), alternate high standards of academic achievement described in paragraph (2)(C)(i), and alternate yearly student academic assessments described in paragraph (3), to align such standards and assessments with the child's individualized education program. Determination of applicable assessment. In carrying out this paragraph, consistent with the Individuals with Disabilities Education Act, the State shall allow the individualized education program team of each child with a disability in the State to determine whether an alternate academic assessment should be administered to the child in lieu of the academic assessment otherwise required by paragraph (3). Shall require the individualized education program team of the child to select any such alternate academic assessment from among the alternate assessments included in the State's plan pursuant to subparagraph (C). And shall require that any alternate academic assessment administered to a child under this paragraph be more advanced than any such assessment administered to the child in a previous school year under this paragraph. Alternative assessments. Each State plan shall include alternate academic assessments that may be administered to children with disabilities for purposes of complying with this paragraph. Definition. In this paragraph, the term `individualized education program' has the meaning given to that term in section 602 of the Individuals with Disabilities Education Act.". Rule of construction. The amendment made by paragraph shall be construed as superseding the 2.0 percent cap at section 200.13(c)(1) of title 34, Code of Federal Regulations . Students With Limited English Proficiency. Paragraph (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 USC. 6311(b)) is amended by adding at the end the following: Students with limited english proficiency. Notwithstanding subparagraph (C)(v), a State may define adequate yearly progress under subparagraph (C) in a manner that measures the progress of students with limited English proficiency by continuing to include in a group of students described in subparagraph (C)(v) students who attain proficiency in English. And by excluding the performance of students with limited English proficiency who have resided in the United States for less than 3 years and for whom native language assessments in math and reading or language arts are not available, so as to avoid any distortion in measurement resulting from the new arrivals of such students.". Separate Starting Points. Subparagraph (E) of section 1111(b)(2) (20 USC. 6311(b)(2)) is amended by striking ", using data for the 2001-2002 school year," and inserting ", for each group of students described in subparagraph (C)(v),".
|
Comprehensive Learning Assessment for Students and Schools (CLASS) Act - Amends the Elementary and Secondary Education Act of 1965 to revise requirements affecting adequate yearly progress (AYP) assessments of students against state academic performance standards. Allows AYP longitudinal growth calculations and the averaging of school data in a manner designed to stabilize school-building results from year to year. Identifies a school as needing improvement, corrective action, or restructuring only on the basis of the unsatisfactory AYP of a particular group of students in the same academic subject for the requisite period of time. Requires multiple measures of student academic achievement. Requires academic achievement standards to calculate AYP within a continuum of achievement by children within advanced, proficient, and basic achievement levels. Allows states to use the results of subsequent assessments of students who take more than one assessment for the same grade and subject. Limits the provision of supplemental services and transfers to those students who fall within a group whose underperformance results in the school's failure to make AYP. Requires state assessments to be aligned with curriculum and instruction so their effectiveness may be assessed. Requires alternate standards and assessments for disabled children aligned with the child's individualized education program. Allows states to measure the AYP of limited English proficient (LEP) children by including children that have attained English proficiency and excluding LEP children who have resided in the country for less than three years. Allows states to set separate starting points for measuring the AYP of each student group.
|
To amend part A of title I of the Elementary and Secondary Education Act of 1965 regarding adequate yearly progress and assessments.
|
106_s1813
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clinical Research Enhancement Act of
1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Clinical research is critical to the advancement of
scientific knowledge and to the development of cures and
improved treatment for disease.
(2) Tremendous advances in biology are opening doors to new
insights into human physiology, pathophysiology and disease,
creating extraordinary opportunities for clinical research.
(3) Clinical research includes translational research which
is an integral part of the research process leading to general
human applications. It is the bridge between the laboratory and
new methods of diagnosis, treatment, and prevention and is thus
essential to progress against cancer and other diseases.
(4) The United States will spend more than
$1,200,000,000,000 on health care in 1999, but the Federal
budget for health research at the National Institutes of Health
was $15,600,000,000 only 1 percent of that total.
(5) Studies at the Institute of Medicine, the National
Research Council, and the National Academy of Sciences have all
addressed the current problems in clinical research.
(6) The Director of the National Institutes of Health has
recognized the current problems in clinical research and
appointed a special panel, which recommended expanded support
for existing National Institutes of Health clinical research
programs and the creation of new initiatives to recruit and
retain clinical investigators.
(7) The current level of training and support for health
professionals in clinical research is fragmented, undervalued,
and underfunded.
(8) Young investigators are not only apprentices for future
positions but a crucial source of energy, enthusiasm, and ideas
in the day-to-day research that constitutes the scientific
enterprise. Serious questions about the future of life-science
research are raised by the following:
(A) The number of young investigators applying for
grants dropped by 54 percent between 1985 and 1993.
(B) The number of physicians applying for first-
time National Institutes of Health research project
grants fell from 1226 in 1994 to 963 in 1998, a 21
percent reduction.
(C) Newly independent life-scientists are expected
to raise funds to support their new research programs
and a substantial proportion of their own salaries.
(9) The following have been cited as reasons for the
decline in the number of active clinical researchers, and those
choosing this career path:
(A) A medical school graduate incurs an average
debt of $85,619, as reported in the Medical School
Graduation Questionnaire by the Association of American
Medical Colleges (AAMC).
(B) The prolonged period of clinical training
required increases the accumulated debt burden.
(C) The decreasing number of mentors and role
models.
(D) The perceived instability of funding from the
National Institutes of Health and other Federal
agencies.
(E) The almost complete absence of clinical
research training in the curriculum of training grant
awardees.
(F) Academic Medical Centers are experiencing
difficulties in maintaining a proper environment for
research in a highly competitive health care
marketplace, which are compounded by the decreased
willingness of third party payers to cover health care
costs for patients engaged in research studies and
research procedures.
(10) In 1960, general clinical research centers were
established under the Office of the Director of the National
Institutes of Health with an initial appropriation of
$3,000,000.
(11) Appropriations for general clinical research centers
in fiscal year 1999 equaled $200,500,000.
(12) Since the late 1960s, spending for general clinical
research centers has declined from approximately 3 percent to 1
percent of the National Institutes of Health budget.
(13) In fiscal year 1999, there were 77 general clinical
research centers in operation, supplying patients in the areas
in which such centers operate with access to the most modern
clinical research and clinical research facilities and
technologies.
(b) Purpose.--It is the purpose of this Act to provide additional
support for and to expand clinical research programs.
SEC. 3. INCREASING THE INVOLVEMENT OF THE NATIONAL INSTITUTES OF HEALTH
IN CLINICAL RESEARCH.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``SEC. 409C. CLINICAL RESEARCH.
``(a) In General.--The Director of National Institutes of Health
shall undertake activities to support and expand the involvement of the
National Institutes of Health in clinical research.
``(b) Requirements.--In carrying out subsection (a), the Director
of National Institutes of Health shall--
``(1) consider the recommendations of the Division of
Research Grants Clinical Research Study Group and other
recommendations for enhancing clinical research; and
``(2) establish intramural and extramural clinical research
fellowship programs directed specifically at medical and dental
students and a continuing education clinical research training
program at the National Institutes of Health.
``(c) Support for the Diverse Needs of Clinical Research.--The
Director of National Institutes of Health, in cooperation with the
Directors of the Institutes, Centers, and Divisions of the National
Institutes of Health, shall support and expand the resources available
for the diverse needs of the clinical research community, including
inpatient, outpatient, and critical care clinical research.
``(d) Peer Review.--The Director of National Institutes of Health
shall establish peer review mechanisms to evaluate applications for the
awards and fellowships provided for in subsection (b)(2) and section
409D. Such review mechanisms shall include individuals who are
exceptionally qualified to appraise the merits of potential clinical
research training and research grant proposals.''.
SEC. 4. GENERAL CLINICAL RESEARCH CENTERS.
(a) Grants.--Subpart 1 of part B of title IV of the Public Health
Service Act (42 U.S.C. 287 et seq.) is amended by adding at the end the
following:
``SEC. 481C. GENERAL CLINICAL RESEARCH CENTERS.
``(a) Grants.--The Director of the National Center for Research
Resources shall award grants for the establishment of general clinical
research centers to provide the infrastructure for clinical research
including clinical research training and career enhancement. Such
centers shall support clinical studies and career development in all
settings of the hospital or academic medical center involved.
``(b) Activities.--In carrying out subsection (a), the Director of
National Institutes of Health shall expand the activities of the
general clinical research centers through the increased use of
telecommunications and telemedicine initiatives.
``(c) 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 fiscal year.''.
(b) Enhancement Awards.--Part B of title IV of the Public Health
Service Act (42 U.S.C. 284 et seq.), as amended by section 3, is
further amended by adding at the end the following:
``SEC. 409D. ENHANCEMENT AWARDS.
``(a) Mentored Patient-Oriented Research Career Development
Awards.--
``(1) Grants.--
``(A) In general.--The Director of the National
Institutes of Health shall make grants (to be referred
to as `Mentored Patient-Oriented Research Career
Development Awards') to support individual careers in
clinical research at general clinical research centers
or at other institutions that have the infrastructure
and resources deemed appropriate for conducting
patient-oriented clinical research.
``(B) Use.--Grants under subparagraph (A) shall be
used to support clinical investigators in the early
phases of their independent careers by providing salary
and such other support for a period of supervised
study.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual scientist at
such time as the Director may require.
``(3) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated such sums as may be necessary for each fiscal
year.
``(b) Mid-Career Investigator Awards in Patient-Oriented
Research.--
``(1) Grants.--
``(A) In general.--The Director of the National
Institutes of Health shall make grants (to be referred
to as `Mid-Career Investigator Awards in Patient-
Oriented Research') to support individual clinical
research projects at general clinical research centers
or at other institutions that have the infrastructure
and resources deemed appropriate for conducting
patient-oriented clinical research.
``(B) Use.--Grants under subparagraph (A) shall be
used to provide support for mid-career level clinicians
to allow such clinicians to devote time to clinical
research and to act as mentors for beginning clinical
investigators.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual scientist at
such time as the Director requires.
``(3) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated such sums as may be necessary for each fiscal
year.
``(c) Graduate Training in Clinical Investigation Award.--
``(1) In general.--The Director of the National Institutes
of Health shall make grants (to be referred to as `Graduate
Training in Clinical Investigation Awards') to support
individuals pursuing master's or doctoral degrees in clinical
investigation.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual scientist at
such time as the Director may require.
``(3) Limitations.--Grants under this subsection shall be
for terms of 2 years or more and shall provide stipend,
tuition, and institutional support for individual advanced
degree programs in clinical investigation.
``(4) Definition.--As used in this subsection, the term
`advanced degree programs in clinical investigation' means
programs that award a master's or Ph.D. degree in clinical
investigation after 2 or more years of training in areas such
as the following:
``(A) Analytical methods, biostatistics, and study
design.
``(B) Principles of clinical pharmacology and
pharmacokinetics.
``(C) Clinical epidemiology.
``(D) Computer data management and medical
informatics.
``(E) Ethical and regulatory issues.
``(F) Biomedical writing.
``(5) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated such sums as may be necessary for each fiscal
year.
``(d) Clinical Research Curriculum Awards.--
``(1) In general.--The Director of the National Institutes
of Health shall make grants (to be referred to as `Clinical
Research Curriculum Awards') to institutions for the
development and support of programs of core curricula for
training clinical investigators, including medical students.
Such core curricula may include training in areas such as the
following:
``(A) Analytical methods, biostatistics, and study
design.
``(B) Principles of clinical pharmacology and
pharmacokinetics.
``(C) Clinical epidemiology.
``(D) Computer data management and medical
informatics.
``(E) Ethical and regulatory issues.
``(F) Biomedical writing.
``(2) Applications.--An application for a grant under this
subsection shall be submitted by an individual institution or a
consortium of institutions at such time as the Director may
require. An institution may submit only 1 such application.
``(3) Limitations.--Grants under this subsection shall be
for terms of up to 5 years and may be renewable.
``(4) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated such sums as may be necessary for each fiscal
year.''.
SEC. 5. LOAN REPAYMENT PROGRAM REGARDING CLINICAL RESEARCHERS.
Part G of title IV of the Public Health Service Act is amended by
inserting after section 487E (42 U.S.C. 288-5) the following:
``SEC. 487F. LOAN REPAYMENT PROGRAM REGARDING CLINICAL RESEARCHERS.
``(a) In General.--The Secretary, acting through the Director of
the National Institutes of Health, shall establish a program to enter
into contracts with qualified health professionals under which such
health professionals agree to conduct clinical research, in
consideration of the Federal Government agreeing to repay, for each
year of service conducting such research, not more than $35,000 of the
principal and interest of the educational loans of such health
professionals.
``(b) Application of Provisions.--The provisions of sections 338B,
338C, and 338E shall, except as inconsistent with subsection (a) of
this section, apply to the program established under subsection (a) to
the same extent and in the same manner as such provisions apply to the
National Health Service Corps Loan Repayment Program established in
subpart III of part D of title III.
``(c) Funding.--
``(1) 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 fiscal
year.
``(2) Availability.--Amounts appropriated for carrying out
this section shall remain available until the expiration of the
second fiscal year beginning after the fiscal year for which
the amounts were made available.''.
SEC. 6. DEFINITION.
Section 409 of the Public Health Service Act (42 U.S.C. 284d) is
amended--
(1) by striking ``For purposes'' and inserting ``(a) Health
Service Research.--For purposes''; and
(2) by adding at the end the following:
``(b) Clinical Research.--As used in this title, the term `clinical
research' means patient oriented clinical research conducted with human
subjects, or research on the causes and consequences of disease in
human populations involving material of human origin (such as tissue
specimens and cognitive phenomena) for which an investigator or
colleague directly interacts with human subjects in an outpatient or
inpatient setting to clarify a problem in human physiology,
pathophysiology or disease, or epidemiologic or behavioral studies,
outcomes research or health services research, or developing new
technologies, therapeutic interventions, or clinical trials.''.
SEC. 7. OVERSIGHT BY GENERAL ACCOUNTING OFFICE.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Congress a reporting describing the extent to which the National
Institutes of Health has complied with the amendments made by this Act.
Passed the Senate November 19, 1999.
Attest:
GARY SISCO,
Secretary.
|
Mandates grants to: (1) establish general clinical research centers to provide the infrastructure for clinical research, including clinical research training and career enhancement. (2) support individual careers in clinical research at general clinical research centers or at other institutions. (3) support individual clinical research projects at general clinical research centers or at other institutions. (4) support individuals pursuing master's or doctoral degrees in clinical investigation. And (5) develop and support programs for training clinical investigators in biostatistics, pharmacology, and other core curricula . Authorizes appropriations. Directs the Secretary of Health and Human Services to establish a loan repayment program for qualified health professionals who have contracted with the Federal Government to conduct clinical research in return for the Government's repayment of a specified amount of their educational loans for each year of service. Authorizes appropriations to carry out the loan repayment provisions. Directs the Comptroller General to report to Congress on the extent to which the NIH has complied with requirements of this Act.
|
Clinical Research Enhancement Act of 1999
| 17,591
| 1,173
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Clinical Research Enhancement Act of 1999". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. Congress makes the following findings: Clinical research is critical to the advancement of scientific knowledge and to the development of cures and improved treatment for disease. Tremendous advances in biology are opening doors to new insights into human physiology, pathophysiology and disease, creating extraordinary opportunities for clinical research. Clinical research includes translational research which is an integral part of the research process leading to general human applications. It is the bridge between the laboratory and new methods of diagnosis, treatment, and prevention and is thus essential to progress against cancer and other diseases. The United States will spend more than $1,200,000,000,000 on health care in 1999, but the Federal budget for health research at the National Institutes of Health was $15,600,000,000 only 1 percent of that total. Studies at the Institute of Medicine, the National Research Council, and the National Academy of Sciences have all addressed the current problems in clinical research. The Director of the National Institutes of Health has recognized the current problems in clinical research and appointed a special panel, which recommended expanded support for existing National Institutes of Health clinical research programs and the creation of new initiatives to recruit and retain clinical investigators. The current level of training and support for health professionals in clinical research is fragmented, undervalued, and underfunded. Young investigators are not only apprentices for future positions but a crucial source of energy, enthusiasm, and ideas in the day-to-day research that constitutes the scientific enterprise. Serious questions about the future of life-science research are raised by the following: The number of young investigators applying for grants dropped by 54 percent between 1985 and 1993. The number of physicians applying for first- time National Institutes of Health research project grants fell from 1226 in 1994 to 963 in 1998, a 21 percent reduction. Newly independent life-scientists are expected to raise funds to support their new research programs and a substantial proportion of their own salaries. The following have been cited as reasons for the decline in the number of active clinical researchers, and those choosing this career path: A medical school graduate incurs an average debt of $85,619, as reported in the Medical School Graduation Questionnaire by the Association of American Medical Colleges (AAMC). The prolonged period of clinical training required increases the accumulated debt burden. The decreasing number of mentors and role models. The perceived instability of funding from the National Institutes of Health and other Federal agencies. The almost complete absence of clinical research training in the curriculum of training grant awardees. Academic Medical Centers are experiencing difficulties in maintaining a proper environment for research in a highly competitive health care marketplace, which are compounded by the decreased willingness of third party payers to cover health care costs for patients engaged in research studies and research procedures. In 1960, general clinical research centers were established under the Office of the Director of the National Institutes of Health with an initial appropriation of $3,000,000. Appropriations for general clinical research centers in fiscal year 1999 equaled $200,500,000. Since the late 1960s, spending for general clinical research centers has declined from approximately 3 percent to 1 percent of the National Institutes of Health budget. In fiscal year 1999, there were 77 general clinical research centers in operation, supplying patients in the areas in which such centers operate with access to the most modern clinical research and clinical research facilities and technologies. Purpose. It is the purpose of this Act to provide additional support for and to expand clinical research programs. <SECTION-HEADER> INCREASING THE INVOLVEMENT OF THE NATIONAL INSTITUTES OF HEALTH IN CLINICAL RESEARCH. Part B of title IV of the Public Health Service Act is amended by adding at the end the following: "Section 409C. CLINICAL RESEARCH. In General. The Director of National Institutes of Health shall undertake activities to support and expand the involvement of the National Institutes of Health in clinical research. Requirements. In carrying out subsection (a), the Director of National Institutes of Health shall consider the recommendations of the Division of Research Grants Clinical Research Study Group and other recommendations for enhancing clinical research. And establish intramural and extramural clinical research fellowship programs directed specifically at medical and dental students and a continuing education clinical research training program at the National Institutes of Health. Support for the Diverse Needs of Clinical Research. The Director of National Institutes of Health, in cooperation with the Directors of the Institutes, Centers, and Divisions of the National Institutes of Health, shall support and expand the resources available for the diverse needs of the clinical research community, including inpatient, outpatient, and critical care clinical research. Peer Review. The Director of National Institutes of Health shall establish peer review mechanisms to evaluate applications for the awards and fellowships provided for in subsection (b)(2) and section 409D. Such review mechanisms shall include individuals who are exceptionally qualified to appraise the merits of potential clinical research training and research grant proposals.". <SECTION-HEADER> GENERAL CLINICAL RESEARCH CENTERS. Grants. Subpart 1 of part B of title IV of the Public Health Service Act is amended by adding at the end the following: "Section 481C. GENERAL CLINICAL RESEARCH CENTERS. Grants. The Director of the National Center for Research Resources shall award grants for the establishment of general clinical research centers to provide the infrastructure for clinical research including clinical research training and career enhancement. Such centers shall support clinical studies and career development in all settings of the hospital or academic medical center involved. Activities. In carrying out subsection (a), the Director of National Institutes of Health shall expand the activities of the general clinical research centers through the increased use of telecommunications and telemedicine initiatives. 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 fiscal year.". Enhancement Awards. Part B of title IV of the Public Health Service Act , as amended by section 3, is further amended by adding at the end the following: "Section 409D. ENHANCEMENT AWARDS. Mentored Patient-Oriented Research Career Development Awards. Grants. In general. The Director of the National Institutes of Health shall make grants to support individual careers in clinical research at general clinical research centers or at other institutions that have the infrastructure and resources deemed appropriate for conducting patient-oriented clinical research. Use. Grants under subparagraph (A) shall be used to support clinical investigators in the early phases of their independent careers by providing salary and such other support for a period of supervised study. Applications. An application for a grant under this subsection shall be submitted by an individual scientist at such time as the Director may require. Authorization of appropriations. For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each fiscal year. Mid-Career Investigator Awards in Patient-Oriented Research. Grants. In general. The Director of the National Institutes of Health shall make grants to support individual clinical research projects at general clinical research centers or at other institutions that have the infrastructure and resources deemed appropriate for conducting patient-oriented clinical research. Use. Grants under subparagraph (A) shall be used to provide support for mid-career level clinicians to allow such clinicians to devote time to clinical research and to act as mentors for beginning clinical investigators. Applications. An application for a grant under this subsection shall be submitted by an individual scientist at such time as the Director requires. Authorization of appropriations. For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each fiscal year. Graduate Training in Clinical Investigation Award. In general. The Director of the National Institutes of Health shall make grants to support individuals pursuing master's or doctoral degrees in clinical investigation. Applications. An application for a grant under this subsection shall be submitted by an individual scientist at such time as the Director may require. Limitations. Grants under this subsection shall be for terms of 2 years or more and shall provide stipend, tuition, and institutional support for individual advanced degree programs in clinical investigation. Definition. As used in this subsection, the term `advanced degree programs in clinical investigation' means programs that award a master's or Ph. D. degree in clinical investigation after 2 or more years of training in areas such as the following: Analytical methods, biostatistics, and study design. Principles of clinical pharmacology and pharmacokinetics. Clinical epidemiology. Computer data management and medical informatics. Ethical and regulatory issues. Biomedical writing. Authorization of appropriations. For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each fiscal year. Clinical Research Curriculum Awards. In general. The Director of the National Institutes of Health shall make grants to institutions for the development and support of programs of core curricula for training clinical investigators, including medical students. Such core curricula may include training in areas such as the following: Analytical methods, biostatistics, and study design. Principles of clinical pharmacology and pharmacokinetics. Clinical epidemiology. Computer data management and medical informatics. Ethical and regulatory issues. Biomedical writing. Applications. An application for a grant under this subsection shall be submitted by an individual institution or a consortium of institutions at such time as the Director may require. An institution may submit only 1 such application. Limitations. Grants under this subsection shall be for terms of up to 5 years and may be renewable. Authorization of appropriations. For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each fiscal year.". <SECTION-HEADER> LOAN REPAYMENT PROGRAM REGARDING CLINICAL RESEARCHERS. Part G of title IV of the Public Health Service Act is amended by inserting after section 487E the following: "Section 487F. LOAN REPAYMENT PROGRAM REGARDING CLINICAL RESEARCHERS. In General. The Secretary, acting through the Director of the National Institutes of Health, shall establish a program to enter into contracts with qualified health professionals under which such health professionals agree to conduct clinical research, in consideration of the Federal Government agreeing to repay, for each year of service conducting such research, not more than $35,000 of the principal and interest of the educational loans of such health professionals. Application of Provisions. The provisions of sections 338B, 338C, and 338E shall, except as inconsistent with subsection (a) of this section, apply to the program established under subsection (a) to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III. Funding. 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 fiscal year. Availability. Amounts appropriated for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were made available.". <SECTION-HEADER> DEFINITION. Section 409 of the Public Health Service Act is amended by striking "For purposes" and inserting "(a) Health Service Research. For purposes". And by adding at the end the following: Clinical Research. As used in this title, the term `clinical research' means patient oriented clinical research conducted with human subjects, or research on the causes and consequences of disease in human populations involving material of human origin for which an investigator or colleague directly interacts with human subjects in an outpatient or inpatient setting to clarify a problem in human physiology, pathophysiology or disease, or epidemiologic or behavioral studies, outcomes research or health services research, or developing new technologies, therapeutic interventions, or clinical trials.". <SECTION-HEADER> OVERSIGHT BY GENERAL ACCOUNTING OFFICE. Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a reporting describing the extent to which the National Institutes of Health has complied with the amendments made by this Act. Passed the Senate November 19, 1999. Attest: GARY SISCO, Secretary.
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Mandates grants to: (1) establish general clinical research centers to provide the infrastructure for clinical research, including clinical research training and career enhancement. (2) support individual careers in clinical research at general clinical research centers or at other institutions. (3) support individual clinical research projects at general clinical research centers or at other institutions. (4) support individuals pursuing master's or doctoral degrees in clinical investigation. And (5) develop and support programs for training clinical investigators in biostatistics, pharmacology, and other core curricula . Authorizes appropriations. Directs the Secretary of Health and Human Services to establish a loan repayment program for qualified health professionals who have contracted with the Federal Government to conduct clinical research in return for the Government's repayment of a specified amount of their educational loans for each year of service. Authorizes appropriations to carry out the loan repayment provisions. Directs the Comptroller General to report to Congress on the extent to which the NIH has complied with requirements of this Act.
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Clinical Research Enhancement Act of 1999
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115_s2498
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Children From Identity
Theft Act''.
SEC. 2. REDUCING IDENTITY FRAUD.
(a) Purpose.--The purpose of this section is to reduce the
prevalence of synthetic identity fraud, which disproportionally affects
vulnerable populations, such as minors and recent immigrants, by
facilitating the validation by permitted entities of fraud protection
data, pursuant to electronically received consumer consent, through use
of a database maintained by the Commissioner.
(b) Definitions.--In this section:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Social Security Administration.
(2) Financial institution.--The term ``financial
institution'' has the meaning given the term in section 509 of
the Gramm-Leach-Bliley Act (15 U.S.C. 6809).
(3) Fraud protection data.--The term ``fraud protection
data'' means a combination of the following information with
respect to an individual:
(A) The name of the individual (including the first
name and any family forename or surname of the
individual).
(B) The Social Security number of the individual.
(C) The date of birth (including the month, day,
and year) of the individual.
(4) Permitted entity.--The term ``permitted entity'' means
a financial institution or a service provider, subsidiary,
affiliate, agent, subcontractor, or assignee of a financial
institution.
(c) Efficiency.--
(1) Reliance on existing methods.--The Commissioner shall
evaluate the feasibility of making modifications to any
database that is in existence as of the date of enactment of
this Act or a similar resource such that the database or
resource--
(A) is reasonably designed to effectuate the
purpose of this section; and
(B) meets the requirements of subsection (d).
(2) Execution.--The Commissioner shall make the
modifications necessary to any database that is in existence as
of the date of enactment of this Act or similar resource, or
develop a database or similar resource, to effectuate the
requirements described in paragraph (1).
(d) Protection of Vulnerable Consumers.--The database or similar
resource described in subsection (c) shall--
(1) compare fraud protection data provided in an inquiry by
a permitted entity against such information maintained by the
Commissioner in order to confirm (or not confirm) the validity
of the information provided;
(2) be scalable and accommodate reasonably anticipated
volumes of verification requests from permitted entities with
commercially reasonable uptime and availability;
(3) allow permitted entities to submit--
(A) one or more individual requests electronically
for real-time machine-to-machine (or similar
functionality) accurate responses; and
(B) multiple requests electronically, such as those
provided in a batch format, for accurate electronic
responses within a reasonable period of time from
submission, not to exceed 24 hours;
(4) be funded, including any appropriate upgrades,
maintenance, and associated direct and indirect administrative
costs, by users of the database or similar resource, in a
manner consistent with that described in section 1106(b) of the
Social Security Act (42 U.S.C. 1306(b)); and
(5) not later than 180 days after the date of enactment of
this Act, be fully operational.
(e) Certification Required.--Before providing confirmation of fraud
protection data to a permitted entity, the Commissioner shall ensure
that the Commissioner has a certification from the permitted entity
that is dated not more than 2 years before the date on which that
confirmation is provided that includes the following declarations:
(1) The entity is a permitted entity.
(2) The entity is in compliance with this section.
(3) The entity is, and will remain, in compliance with its
privacy and data security requirements, as described in title V
of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.), with
respect to information the entity receives from the
Commissioner pursuant to this section.
(4) The entity will retain sufficient records to
demonstrate its compliance with its certification and this
section for a period of not less than 2 years.
(f) Consumer Consent.--
(1) In general.--Notwithstanding any other provision of law
or regulation, a permitted entity may submit a request to the
database or similar resource described in subsection (c) only--
(A) pursuant to the written, including electronic,
consent received by a permitted entity from the
individual who is the subject of the request; and
(B) in connection with a credit transaction or any
circumstance described in section 604 of the Fair
Credit Reporting Act (15 U.S.C. 1681b).
(2) Electronic consent requirements.--For a permitted
entity to use the consent of an individual received
electronically pursuant to paragraph (1)(A), the permitted
entity must obtain the individual's electronic signature, as
defined in section 106 of the Electronic Signatures in Global
and National Commerce Act (15 U.S.C. 7006).
(3) Effectuating electronic consent.--No provision of law
or requirement, including section 552a of title 5, United
States Code, shall prevent the use of electronic consent for
purposes of this subsection or for use in any other consent
based verification under the discretion of the Commissioner.
(g) Compliance and Enforcement.--
(1) Audits and monitoring.--
(A) In general.--The Commissioner may--
(i) conduct audits and monitoring to--
(I) ensure proper use by permitted
entities of the database or similar
resource described in subsection (c);
and
(II) deter fraud and misuse by
permitted entities with respect to the
database or similar resource described
in subsection (c); and
(ii) terminate services for any permitted
entity that prevents or refuses to allow the
Commissioner to carry out the activities
described in clause (i).
(2) Enforcement.--
(A) In general.--Notwithstanding any other
provision of law, including the matter preceding
paragraph (1) of section 505(a) of the Gramm-Leach-
Bliley Act (15 U.S.C. 6805(a)), any violation of this
section and any certification made under this section
shall be enforced in accordance with paragraphs (1)
through (7) of such section 505(a) by the agencies
described in those paragraphs.
(B) Relevant information.--Upon discovery by the
Commissioner, pursuant to an audit described in
paragraph (1)(A), of any violation of this section or
any certification made under this section, the
Commissioner shall forward any relevant information
pertaining to that violation to the appropriate agency
described in subparagraph (A) for evaluation by the
agency for purposes of enforcing this section.
|
Protecting Children From Identity Theft Act This bill requires thenbsp, Social Security Administration to develop a database to facilitate thenbsp. Verification of consumer information upon request by a certified financial institution. Such verification shall be provided only with the consumer's consent and in connection with a credit transaction. Users of the database shall pay system costs.
|
Protecting Children From Identity Theft Act
| 8,380
| 395
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Protecting Children From Identity Theft Act". <SECTION-HEADER> REDUCING IDENTITY FRAUD. Purpose. The purpose of this section is to reduce the prevalence of synthetic identity fraud, which disproportionally affects vulnerable populations, such as minors and recent immigrants, by facilitating the validation by permitted entities of fraud protection data, pursuant to electronically received consumer consent, through use of a database maintained by the Commissioner. Definitions. In this section: Commissioner. The term "Commissioner" means the Commissioner of the Social Security Administration. Financial institution. The term "financial institution" has the meaning given the term in section 509 of the Gramm-Leach-Bliley Act . Fraud protection data. The term "fraud protection data" means a combination of the following information with respect to an individual: The name of the individual . The Social Security number of the individual. The date of birth of the individual. Permitted entity. The term "permitted entity" means a financial institution or a service provider, subsidiary, affiliate, agent, subcontractor, or assignee of a financial institution. Efficiency. Reliance on existing methods. The Commissioner shall evaluate the feasibility of making modifications to any database that is in existence as of the date of enactment of this Act or a similar resource such that the database or resource is reasonably designed to effectuate the purpose of this section. And meets the requirements of subsection (d). Execution. The Commissioner shall make the modifications necessary to any database that is in existence as of the date of enactment of this Act or similar resource, or develop a database or similar resource, to effectuate the requirements described in paragraph (1). Protection of Vulnerable Consumers. The database or similar resource described in subsection (c) shall compare fraud protection data provided in an inquiry by a permitted entity against such information maintained by the Commissioner in order to confirm the validity of the information provided. Be scalable and accommodate reasonably anticipated volumes of verification requests from permitted entities with commercially reasonable uptime and availability. Allow permitted entities to submit one or more individual requests electronically for real-time machine-to-machine accurate responses. And multiple requests electronically, such as those provided in a batch format, for accurate electronic responses within a reasonable period of time from submission, not to exceed 24 hours. Be funded, including any appropriate upgrades, maintenance, and associated direct and indirect administrative costs, by users of the database or similar resource, in a manner consistent with that described in section 1106(b) of the Social Security Act (42 USC. 1306(b)). And not later than 180 days after the date of enactment of this Act, be fully operational. Certification Required. Before providing confirmation of fraud protection data to a permitted entity, the Commissioner shall ensure that the Commissioner has a certification from the permitted entity that is dated not more than 2 years before the date on which that confirmation is provided that includes the following declarations: The entity is a permitted entity. The entity is in compliance with this section. The entity is, and will remain, in compliance with its privacy and data security requirements, as described in title V of the Gramm-Leach-Bliley Act , with respect to information the entity receives from the Commissioner pursuant to this section. The entity will retain sufficient records to demonstrate its compliance with its certification and this section for a period of not less than 2 years. Consumer Consent. In general. Notwithstanding any other provision of law or regulation, a permitted entity may submit a request to the database or similar resource described in subsection (c) only pursuant to the written, including electronic, consent received by a permitted entity from the individual who is the subject of the request. And in connection with a credit transaction or any circumstance described in section 604 of the Fair Credit Reporting Act . Electronic consent requirements. For a permitted entity to use the consent of an individual received electronically pursuant to paragraph (1)(A), the permitted entity must obtain the individual's electronic signature, as defined in section 106 of the Electronic Signatures in Global and National Commerce Act . Effectuating electronic consent. No provision of law or requirement, including section 552a of title 5, United States Code, shall prevent the use of electronic consent for purposes of this subsection or for use in any other consent based verification under the discretion of the Commissioner. Compliance and Enforcement. Audits and monitoring. In general. The Commissioner may conduct audits and monitoring to ensure proper use by permitted entities of the database or similar resource described in subsection (c). And deter fraud and misuse by permitted entities with respect to the database or similar resource described in subsection (c). And terminate services for any permitted entity that prevents or refuses to allow the Commissioner to carry out the activities described in clause (i). Enforcement. In general. Notwithstanding any other provision of law, including the matter preceding paragraph (1) of section 505(a) of the Gramm-Leach- Bliley Act (15 USC. 6805(a)), any violation of this section and any certification made under this section shall be enforced in accordance with paragraphs (1) through (7) of such section 505(a) by the agencies described in those paragraphs. Relevant information. Upon discovery by the Commissioner, pursuant to an audit described in paragraph (1)(A), of any violation of this section or any certification made under this section, the Commissioner shall forward any relevant information pertaining to that violation to the appropriate agency described in subparagraph (A) for evaluation by the agency for purposes of enforcing this section.
|
Protecting Children From Identity Theft Act This bill requires thenbsp, Social Security Administration to develop a database to facilitate thenbsp. Verification of consumer information upon request by a certified financial institution. Such verification shall be provided only with the consumer's consent and in connection with a credit transaction. Users of the database shall pay system costs.
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Protecting Children From Identity Theft Act
|
113_hr3127
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cutting Red Tape, Green-Lighting
Small Businesses Act of 2013''.
SEC. 2. CREDIT FOR CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER.
(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:
``SEC. 45S. CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible small employer, the small employer hiring credit determined
under this section for any taxable year is the amount determined under
subsection (b).
``(b) Small Employer Hiring Credit Amount.--The amount determined
under this subsection for a taxable year with respect to a qualified
small employer is the product of--
``(1) the tax rate in effect under section 3111(a) for the
calendar year in which such taxable year ends, multiplied by
``(2) the wages paid by the qualified small employer with
respect to employment of all covered employees during the
taxable year.
``(c) Qualified Employer.--For purposes of this subsection--
``(1) In general.--The term `qualified small employer'
means with respect to any calendar year, an employer who on no
business day of the preceding calendar year employed less than
2, or more than 150, employees.
``(2) Employers not in existence in preceding year.--In the
case of an employer which was not in existence throughout the
preceding calendar year, the determination of whether such
employer is a small employer shall be based on the number of
employees that it is reasonably expected such employer will
employ on business days in the current calendar year.
``(3) Special rules.--For purposes of this subsection--
``(A) Predecessor and successor.--Any reference in
this paragraph to an employer shall include a reference
to any predecessor of, or successor to, such employer.
``(B) Aggregation rule.--All persons treated as a
single employer under subsection (b), (c), (m), or (o)
of section 414 shall be treated as one employer.
``(C) Governmental employers not included.--The
term `employer' does not include the United States, any
State, or any political subdivision thereof, or any
instrumentality of the foregoing.
``(4) Credit applies for only 1 year.--If an election to
claim the credit under this section is in effect for any
calendar year, paragraph (1) shall not apply to such employer
for any year after such calendar year.
``(d) Covered Employee.--For purposes of this subsection--
``(1) In general.--The term `covered employee' means, with
respect to any week, is an employee who--
``(A) first begins work for the employer for
services performed by the employee--
``(i) in a trade or business of such
qualified small employer, or
``(ii) in the case of a qualified small
employer exempt from tax under section 501(a),
in furtherance of the activities related to the
purpose or function constituting the basis of
the employer's exemption under section 501, and
``(B) is employed on average at least 30 hours of
service per week.
``(2) Limitation to 5 employees.--An employer may not treat
more than 5 employees as covered employees.
``(3) Hours of service.--The Secretary, in consultation
with the Secretary of Labor, shall prescribe such regulations,
rules, and guidance as may be necessary to determine the hours
of service of an employee, including rules for the application
of this paragraph to employees who are not compensated on an
hourly basis.
``(e) Credit Made Available to Tax-Exempt Eligible Small
Employers.--
``(1) In general.--In the case of a tax-exempt eligible
small employer, there shall be treated as a credit allowable
under subpart C (and not allowable under this subpart) the
amount of the credit determined under this section with respect
to such employer.
``(2) Tax-exempt eligible small employer.--For purposes of
this section, the term `tax-exempt eligible small employer'
means an eligible small employer which is any organization
described in section 501(c) which is exempt from taxation under
section 501(a).
``(f) Denial of Double Benefit.--No deduction or credit shall be
allowed under any other provision of this chapter with respect to the
amount of the credit determined under this section.
``(g) Election.--This section shall apply to any taxpayer for any
taxable year only if such taxpayer elects (at such time and in such
manner as the Secretary may by regulations prescribe) to have this
section apply for such taxable year.
``(h) Termination.--This section shall not apply with respect to
wages paid after December 31, 2015.''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (35),
by striking the period at the end of paragraph (36) and inserting ``,
plus'', and by inserting after paragraph (36) the following:
``(37) the small employer hiring credit determined under
section 45S.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``Sec. 45S. Certain individuals hired by a small employer.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2013.
SEC. 3. PAPERWORK REDUCTION.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding
at the end the following:
``SEC. 48. PAPERWORK REDUCTION.
``Not later than 60 days after the date of the enactment of this
Act, the Administrator of the Small Business Administration shall
determine, for a new small business concern, what applications,
submissions, or other paperwork for purposes of programs administered
by the Administrator, are not essential to file during the first year
of operation, and shall make rules that waive the need for such
paperwork.''.
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Cutting Red Tape, Green-Lighting Small Businesses Act of 2013 - Amends the Internal Revenue Code to allow an employer with not less than 2 or more than 150 employees in a calendar year a business-related tax credit for the cost of up to 5 newly-hired employees who are employed, on average, at least 30 hours per week. Makes such credit available to tax-exempt eligible small employers. Terminates such credit for wages paid after December 31, 2015. Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to: (1) determine, for a new small business concern, what SBA applications, submissions, or other paperwork are not essential to file during the first year of operation of such small business concern, and (2) make rules for the waiver of such filings.
|
Cutting Red Tape, Green-Lighting Small Businesses Act of 2013
| 6,912
| 802
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Cutting Red Tape, Green-Lighting Small Businesses Act of 2013". <SECTION-HEADER> CREDIT FOR CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER. 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: "Section 45S. CERTAIN INDIVIDUALS HIRED BY A SMALL EMPLOYER. General Rule. For purposes of section 38, in the case of an eligible small employer, the small employer hiring credit determined under this section for any taxable year is the amount determined under subsection (b). Small Employer Hiring Credit Amount. The amount determined under this subsection for a taxable year with respect to a qualified small employer is the product of the tax rate in effect under section 3111(a) for the calendar year in which such taxable year ends, multiplied by the wages paid by the qualified small employer with respect to employment of all covered employees during the taxable year. Qualified Employer. For purposes of this subsection In general. The term `qualified small employer' means with respect to any calendar year, an employer who on no business day of the preceding calendar year employed less than 2, or more than 150, employees. Employers not in existence in preceding year. In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. Special rules. For purposes of this subsection Predecessor and successor. Any reference in this paragraph to an employer shall include a reference to any predecessor of, or successor to, such employer. Aggregation rule. All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as one employer. Governmental employers not included. The term `employer' does not include the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. Credit applies for only 1 year. If an election to claim the credit under this section is in effect for any calendar year, paragraph (1) shall not apply to such employer for any year after such calendar year. Covered Employee. For purposes of this subsection In general. The term `covered employee' means, with respect to any week, is an employee who first begins work for the employer for services performed by the employee in a trade or business of such qualified small employer, or in the case of a qualified small employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501, and is employed on average at least 30 hours of service per week. Limitation to 5 employees. An employer may not treat more than 5 employees as covered employees. Hours of service. The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations, rules, and guidance as may be necessary to determine the hours of service of an employee, including rules for the application of this paragraph to employees who are not compensated on an hourly basis. Credit Made Available to Tax-Exempt Eligible Small Employers. In general. In the case of a tax-exempt eligible small employer, there shall be treated as a credit allowable under subpart C the amount of the credit determined under this section with respect to such employer. Tax-exempt eligible small employer. For purposes of this section, the term `tax-exempt eligible small employer' means an eligible small employer which is any organization described in section 501(c) which is exempt from taxation under section 501(a). Denial of Double Benefit. No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section. Election. This section shall apply to any taxpayer for any taxable year only if such taxpayer elects to have this section apply for such taxable year. Termination. This section shall not apply with respect to wages paid after December 31, 2015.". Credit To Be Part of General Business Credit. Section 38(b) of the Internal Revenue Code of 1986 is amended by striking "plus" at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ", plus", and by inserting after paragraph (36) the following: the small employer hiring credit determined under section 45S.". Clerical Amendment. The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: "Section 45S. Certain individuals hired by a small employer.". Effective Date. The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. <SECTION-HEADER> PAPERWORK REDUCTION. The Small Business Act is amended by adding at the end the following: "Section 48. PAPERWORK REDUCTION. "Not later than 60 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall determine, for a new small business concern, what applications, submissions, or other paperwork for purposes of programs administered by the Administrator, are not essential to file during the first year of operation, and shall make rules that waive the need for such paperwork.".
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Cutting Red Tape, Green-Lighting Small Businesses Act of 2013 - Amends the Internal Revenue Code to allow an employer with not less than 2 or more than 150 employees in a calendar year a business-related tax credit for the cost of up to 5 newly-hired employees who are employed, on average, at least 30 hours per week. Makes such credit available to tax-exempt eligible small employers. Terminates such credit for wages paid after December 31, 2015. Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to: (1) determine, for a new small business concern, what SBA applications, submissions, or other paperwork are not essential to file during the first year of operation of such small business concern, and (2) make rules for the waiver of such filings.
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Cutting Red Tape, Green-Lighting Small Businesses Act of 2013
|
112_s1700
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Device Regulatory
Improvement Act''.
SEC. 2. CLARIFICATION OF LEAST BURDENSOME.
(a) Premarket Approval.--Section 513(a)(3)(D) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360c(a)(3)(D)) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following:
``(iii) In carrying out clause (ii), the Secretary--
``(I) shall not request information unrelated or irrelevant
to a demonstration of reasonable assurance of device safety and
effectiveness;
``(II) shall consider alternative approaches to evaluating
device safety and effectiveness in order to reduce the time,
effort, and cost of reaching proper resolution of the issue;
``(III) shall use all reasonable mechanisms to lessen
review times and render regulatory decisions;
``(IV) shall determine whether pre-clinical data, such as
well-designed bench and animal testing, can meet the statutory
threshold for approval; and
``(V) if clinical data are needed, shall utilize, whenever
practicable, alternatives to randomized, controlled clinical
trials, such as the use of surrogate endpoints.''.
(b) Substantial Equivalence Determination.--Section 513(i)(1)(D) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)(1)(D)) is
amended--
(1) by striking ``(D) Whenever'' and inserting ``(D)(i)
Whenever''; and
(2) by adding at the end the following:
``(ii) In carrying out clause (i), the Secretary--
``(I) shall focus on whether the device has the same
intended use as the predicate device and is as safe and
effective as a legally marketed device;
``(II) shall not request or accept information unrelated or
irrelevant to the substantial equivalence evaluation;
``(III) shall review the labeling of the device to assess
the intended use of the device, and shall not evaluate issues
that do not present a major impact on the intended use as set
forth in the labeling;
``(IV) shall consider alternative approaches to evaluating
substantial equivalence in order to reduce the time, effort,
and cost of reaching proper resolution of the issue; and
``(V) shall use all reasonable mechanisms to lessen review
times and render regulatory decisions.''.
SEC. 3. CONFLICTS OF INTEREST.
Section 712 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379d-1) is amended to read as follows:
``SEC. 712. CONFLICTS OF INTEREST.
``Except as otherwise provided in this Act, each advisory committee
under the Federal Advisory Committee Act that provides advice or
recommendations to the Secretary regarding activities of the Food and
Drug Administration is subject to the provisions in such Act and the
members of each such committee are subject to the provisions regarding
Federal employees and special Government employees, as applicable, in
title I of the Ethics in Government Act of 1978 and section 208 of
title 18, United States Code.''.
SEC. 4. MANAGEMENT AND INNOVATION REVIEW.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary'') shall enter into a contract with an
eligible entity to carry out the activities described in subsection
(c).
(b) Eligible Entity.--To be eligible to enter into a contract with
the Secretary under subsection (a), an entity shall--
(1) be an entity with experience in evaluating the
management and operating structure of large organizations; and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(c) Activities.--The entity with which the Secretary enters into
the contract under subsection (a) shall, pursuant to such contract,
conduct an extensive review of the management and regulatory processes
at the Center for Devices and Radiological Health of the Food and Drug
Administration to ensure any actions carried out by such Center take
into consideration the potential impacts on innovation with respect to
medical devices and other products regulated by such Center.
(d) Report.--Not later than 1 year after the date that the
Secretary enters into the contract with the eligible entity under
subsection (a), such entity shall submit to Congress and the Secretary
a report that describes the findings and recommendations of such entity
based on the review conducted under subsection (c).
(e) Funding.--To carry out this section, the Secretary shall use
funds otherwise available for the operation of the Office of the
Secretary.
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Medical Device Regulatory Improvement Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS), in determining the least burdensome appropriate means of evaluating device effectiveness, to: (1) not request information unrelated or irrelevant to demonstration of reasonable assurance of device safety and effectiveness, (2) consider alternative approaches to evaluating device safety and effectiveness. (3) use all reasonable mechanisms to lessen review times and render regulatory decisions. (4) determine whether pre-clinical data can meet the statutory threshold for approval. And (5) utilize, whenever practicable, alternatives to randomized, controlled clinical trials if clinical data are needed. Requires the Secretary, in determining the least burdensome means of determining substantial equivalence, to: (1) focus on whether the device has the same intended use as the predicate device and is as safe and effective as a legally marketed device, (2) not request or accept information unrelated or irrelevant to the substantial equivalence evaluation, (3) review the labeling of the device to assess the intended use of the device and not evaluate issues that do not present a major impact on the intended use as set forth in the labeling, (4) consider alternative approaches to evaluating substantial equivalence, and (5) use all reasonable mechanisms to lessen review times and render regulatory decisions. Repeals conflict-of-interest provisions that are specific to the Food and Drug Administration (FDA) and provides for the continued applicability of conflict-of-interest provisions otherwise applicable to advisory committees, federal employees, and special government employees. Requires the Secretary to contract with an eligible entity for a review of the management and regulatory processes at the Center for Devices and Radiological Health.
|
A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to device review determinations and conflicts of interest, and for other purposes.
| 5,019
| 1,915
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medical Device Regulatory Improvement Act". <SECTION-HEADER> CLARIFICATION OF LEAST BURDENSOME. Premarket Approval. Section 513(a)(3)(D) of the Federal Food, Drug, and Cosmetic Act (21 USC. 360c(a)(3)(D)) is amended by redesignating clause (iii) as clause (iv). And by inserting after clause (ii) the following: In carrying out clause (ii), the Secretary shall not request information unrelated or irrelevant to a demonstration of reasonable assurance of device safety and effectiveness. Shall consider alternative approaches to evaluating device safety and effectiveness in order to reduce the time, effort, and cost of reaching proper resolution of the issue. Shall use all reasonable mechanisms to lessen review times and render regulatory decisions. Shall determine whether pre-clinical data, such as well-designed bench and animal testing, can meet the statutory threshold for approval. And if clinical data are needed, shall utilize, whenever practicable, alternatives to randomized, controlled clinical trials, such as the use of surrogate endpoints.". Substantial Equivalence Determination. Section 513(i)(1)(D) of the Federal Food, Drug, and Cosmetic Act (21 USC. 360c(i)(1)(D)) is amended by striking "(D) Whenever" and inserting "(D)(i) Whenever". And by adding at the end the following: In carrying out clause (i), the Secretary shall focus on whether the device has the same intended use as the predicate device and is as safe and effective as a legally marketed device. Shall not request or accept information unrelated or irrelevant to the substantial equivalence evaluation. Shall review the labeling of the device to assess the intended use of the device, and shall not evaluate issues that do not present a major impact on the intended use as set forth in the labeling. Shall consider alternative approaches to evaluating substantial equivalence in order to reduce the time, effort, and cost of reaching proper resolution of the issue. And shall use all reasonable mechanisms to lessen review times and render regulatory decisions.". <SECTION-HEADER> CONFLICTS OF INTEREST. Section 712 of the Federal Food, Drug, and Cosmetic Act is amended to read as follows: "Section 712. CONFLICTS OF INTEREST. "Except as otherwise provided in this Act, each advisory committee under the Federal Advisory Committee Act that provides advice or recommendations to the Secretary regarding activities of the Food and Drug Administration is subject to the provisions in such Act and the members of each such committee are subject to the provisions regarding Federal employees and special Government employees, as applicable, in title I of the Ethics in Government Act of 1978 and section 208 of title 18, United States Code.". <SECTION-HEADER> MANAGEMENT AND INNOVATION REVIEW. In General. Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services shall enter into a contract with an eligible entity to carry out the activities described in subsection . Eligible Entity. To be eligible to enter into a contract with the Secretary under subsection (a), an entity shall be an entity with experience in evaluating the management and operating structure of large organizations. And submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Activities. The entity with which the Secretary enters into the contract under subsection (a) shall, pursuant to such contract, conduct an extensive review of the management and regulatory processes at the Center for Devices and Radiological Health of the Food and Drug Administration to ensure any actions carried out by such Center take into consideration the potential impacts on innovation with respect to medical devices and other products regulated by such Center. Report. Not later than 1 year after the date that the Secretary enters into the contract with the eligible entity under subsection (a), such entity shall submit to Congress and the Secretary a report that describes the findings and recommendations of such entity based on the review conducted under subsection (c). Funding. To carry out this section, the Secretary shall use funds otherwise available for the operation of the Office of the Secretary.
|
Medical Device Regulatory Improvement Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS), in determining the least burdensome appropriate means of evaluating device effectiveness, to: (1) not request information unrelated or irrelevant to demonstration of reasonable assurance of device safety and effectiveness, (2) consider alternative approaches to evaluating device safety and effectiveness. (3) use all reasonable mechanisms to lessen review times and render regulatory decisions. (4) determine whether pre-clinical data can meet the statutory threshold for approval. And (5) utilize, whenever practicable, alternatives to randomized, controlled clinical trials if clinical data are needed. Requires the Secretary, in determining the least burdensome means of determining substantial equivalence, to: (1) focus on whether the device has the same intended use as the predicate device and is as safe and effective as a legally marketed device, (2) not request or accept information unrelated or irrelevant to the substantial equivalence evaluation, (3) review the labeling of the device to assess the intended use of the device and not evaluate issues that do not present a major impact on the intended use as set forth in the labeling, (4) consider alternative approaches to evaluating substantial equivalence, and (5) use all reasonable mechanisms to lessen review times and render regulatory decisions. Repeals conflict-of-interest provisions that are specific to the Food and Drug Administration (FDA) and provides for the continued applicability of conflict-of-interest provisions otherwise applicable to advisory committees, federal employees, and special government employees. Requires the Secretary to contract with an eligible entity for a review of the management and regulatory processes at the Center for Devices and Radiological Health.
|
A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to device review determinations and conflicts of interest, and for other purposes.
|
108_hr4574
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security Education Program
Enhancement Act of 2004''.
SEC. 2. PROVISION FOR ANNUAL AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Title VIII of the Intelligence Authorization Act
for Fiscal Year 1992 (Public Law 102-183; 105 Stat. 1271), as amended
by section 311(c) of the Intelligence Authorization Act for Fiscal Year
1994 (Public Law 103-178; 107 Stat. 2037), is amended by adding at the
end of section 810 the following new subsection:
``(c) Funding From Intelligence Community Management Account for
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts
that may be made available to the Secretary under the Fund for a fiscal
year, the Director of Central Intelligence shall transfer to the
Secretary from amounts appropriated for the Intelligence Community
Management Account for each fiscal year, beginning with fiscal year
2005, $8,000,000, to carry out the scholarship, fellowship, and grant
programs under subparagraphs (A), (B), and (C), respectively, of
section 802(a)(1).''.
(b) Conforming Amendment.--Section 802(a)(2) of such Act (50 U.S.C.
1902(a)(2)) is amended in the matter preceding subparagraph (A) by
inserting ``or from an appropriation pursuant to the authorization
under section 810(c)''.
SEC. 3. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER NATIONAL
SECURITY EDUCATION PROGRAM.
(a) In General.--Subsection (b)(2) of section 802 of title VIII of
the Intelligence Authorization Act for Fiscal Year 1992 (Public Law
102-183; 105 Stat. 1273), as amended by section 925(a) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1578), is amended by striking subparagraphs (A) and (B), and
inserting the following:
``(A) in the case of a recipient of a scholarship,
as soon as practicable but in no case later than three
years after the completion by the recipient of the
study for which scholarship assistance was provided
under the program, the recipient shall work for a
period of one year--
``(i) in a national security position that
the Secretary certifies is appropriate to use
the unique language and region expertise
acquired by the recipient pursuant to such
study in the Department of Defense, in any
element of the intelligence community, in the
Department of Homeland Security, or in the
Department of State; or
``(ii) in such a position in any other
Federal department or agency not referred to in
clause (i) if the recipient demonstrates to the
Secretary that no position is available in a
Federal department or agency specified in
clause (i); or
``(B) in the case of a recipient of a fellowship,
as soon as practicable but in no case later than two
years after the completion by the recipient of the
study for which fellowship assistance was provided
under the program, the recipient shall work for a
period equal to the duration of assistance provided
under the program, but in no case less than one year--
``(i) in a position described in
subparagraph (A)(i) that the Secretary
certifies is appropriate to use the unique
language and region expertise acquired by the
recipient pursuant to such study; or
``(ii) in such a position in any other
Federal department or agency not referred to in
clause (i) if the recipient demonstrates to the
Secretary that no position is available in a
Federal department or agency specified in
clause (i); and''.
(b) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the amendment made by subsection (a). In
prescribing such regulations, the Secretary shall establish standards
that recipients of scholarship and fellowship assistance under the
program under such section 802 are required to demonstrate to satisfy
the requirement of a good faith effort to gain employment as required
under subparagraphs (A) and (B) of subsection (b)(2) of such section.
(c) Applicability.--(1) The amendment made by subsection (a) shall
apply with respect to service agreements entered into under the David
L. Boren National Security Education Act of 1991 on or after the date
of the enactment of this Act.
(2) The amendment made by subsection (a) shall not affect the
force, validity, or terms of any service agreement entered into under
the David L. Boren National Security Education Act of 1991 before the
date of the enactment of this Act that is in force as of that date.
SEC. 4. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
(a) Increase in Annual Funding.--Title VIII of the Intelligence
Authorization Act for Fiscal Year 1992 (Public Law 102-183; 105 Stat.
1271), as amended by section 311(c) of the Intelligence Authorization
Act for Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2037) and by
section 333(b) of the Intelligence Authorization Act for Fiscal Year
2003 (Public Law 107-306; 116 Stat. 2397), is amended by striking
section 811 and inserting the following new section 811:
``SEC. 811. FUNDING FOR THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
``(a) Authorization of Appropriations for Fiscal Years 2003 and
2004.--In addition to amounts that may be made available to the
Secretary under the Fund for a fiscal year, there is authorized to be
appropriated to the Secretary for each fiscal year, beginning with
fiscal year 2003, $10,000,000, to carry out the grant program for the
National Flagship Language Initiative under section 802(a)(1)(D).
``(b) Funding From Intelligence Community Management Account for
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts
that may be made available to the Secretary under the Fund for a fiscal
year, the Director of Central Intelligence shall transfer to the
Secretary from amounts appropriated for the Intelligence Community
Management Account for each fiscal year, beginning with fiscal year
2005, $12,000,000, to carry out the grant program for the National
Flagship Language Initiative under section 802(a)(1)(D).
``(c) Availability of Appropriated Funds.--Amounts made available
under this section shall remain available until expended.''.
(b) Requirement for Employment Agreements.--(1) Section 802(i) of
the David L. Boren National Security Education Act of 1991 (50 U.S.C.
1902(i)) is amended by adding at the end the following new paragraph:
``(5)(A) In the case of an undergraduate or graduate student that
participates in training in programs under paragraph (1), the student
shall enter into an agreement described in subsection (b), other than
such a student who has entered into such an agreement pursuant to
subparagraph (A)(ii) or (B)(ii) of section 802(a)(1).
``(B) In the case of a student who is an employee of an agency or
department of the Federal Government that participates in training in
programs under paragraph (1), the employee shall agree in writing--
``(i) to continue in the service of the agency or
department of the Federal Government employing the student for
the period of such training;
``(ii) to continue in the service of such agency or
department employing the student following completion of such
training for a period of two years for each year, or part of
the year, of such training;
``(iii) to reimburse the United States for the total cost
of such training (excluding the student's pay and allowances)
provided to the student if, before the completion by the
student of the training, the employment of the student by the
agency or department is terminated due to misconduct by the
recipient or by the recipient voluntarily; and
``(iv) to reimburse the United States if, after completing
such training, the employment of the student by the agency or
department is terminated either by the agency or department due
to misconduct by the student or by the student voluntarily,
before the completion by the student of the period of service
required in clause (ii), in an amount that bears the same ratio
to the total cost of the training (excluding the student's pay
and allowances) provided to the student as the unserved portion
of such period of service bears to the total period of service
under clause (ii).
``(C) Subject to subparagraph (D), the obligation to reimburse the
United States under an agreement under subparagraph (A) is for all
purposes a debt owing the United States.
``(D)(i) A discharge in bankruptcy under title 11, United States
Code, shall not release a person from an obligation to reimburse the
United States under an agreement under subparagraph (A) if the final
decree of the discharge in bankruptcy is issued within five years after
the last day of the combined period of service obligation described in
clauses (i) and (ii) of subparagraph (B).
``(ii) The head of an element of the intelligence community may
release a recipient, in whole or in part, from the obligation to
reimburse the United States under an agreement under subparagraph (A)
when, in the discretion of the head of the element, the head of the
element determines that equity or the interests of the United States so
require.''.
(2) The amendment made by paragraph (1) shall apply to training
that begins on or after the date that is 90 days after the date of the
enactment of this Act.
(c) Increase in the Number of Participating Educational
Institutions.--The Secretary of Defense shall take such steps as the
Secretary determines will increase the number of qualified educational
institutions that receive grants under the National Flagship Language
Initiative to establish, operate, or improve activities designed to
train students in programs in a range of disciplines to achieve
advanced levels of proficiency in those foreign languages that the
Secretary identifies as being the most critical in the interests of the
national security of the United States.
(d) Clarification of Authority to Support Studies Abroad.--
Educational institutions that receive grants under the National
Flagship Language Initiative may support students who pursue total
immersion foreign language studies overseas of foreign languages that
are critical to the national security of the United States.
SEC. 5. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE
STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED
STATES WITHIN THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) Scholarship Program for English Language Studies for Heritage
Community Citizens of the United States.--(1) Subsection (a)(1) of
section 802 of the David L. Boren National Security Education Act of
1991 (50 U.S.C. 1902) is amended--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) awarding scholarships to students who--
``(i) are United States citizens who--
``(I) are native speakers (commonly
referred to as heritage community
residents) of a foreign language that
is identified as critical to the
national security interests of the
United States who should be actively
recruited for employment by Federal
security agencies with a need for
linguists; and
``(II) are not proficient at a
professional level in the English
language with respect to reading,
writing, and interpersonal skills
required to carry out the national
security interests of the United
States, as determined by the Secretary,
to enable such students to pursue English
language studies at an institution of higher
education of the United States to attain
proficiency in those skills; and
``(ii) enter into an agreement to work in a
national security position or work in the field
of education in the area of study for which the
scholarship was awarded in a similar manner (as
determined by the Secretary) as agreements
entered into pursuant to subsection
(b)(2)(A).''.
(2) The matter following subsection (a)(2) of such section is
amended--
(A) in the first sentence, by inserting ``or for the
scholarship program under paragraph (1)(E)'' after ``under
paragraph (1)(D) for the National Flagship Language Initiative
described in subsection (i)''; and
(B) by adding at the end the following: ``For the authorization of
appropriations for the scholarship program under paragraph (1)(E), see
section 812.''.
(3) Section 803(d)(4)(E) of such Act (50 U.S.C. 1903(d)(4)(E)) is
amended by inserting before the period the following: ``and section
802(a)(1)(E) (relating to scholarship programs for advanced English
language studies by heritage community residents).''.
(b) Funding.--The David L. Boren National Security Education Act of
1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the
following new section:
``SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR CERTAIN HERITAGE
COMMUNITY RESIDENTS.
``(a) Funding From Intelligence Community Management Account.--In
addition to amounts that may be made available to the Secretary under
the Fund for a fiscal year, the Director of Central Intelligence shall
transfer to the Secretary from amounts appropriated for the
Intelligence Community Management Account for each fiscal year,
beginning with fiscal year 2005, $4,000,000, to carry out the
scholarship programs for English language studies by certain heritage
community residents under section 802(a)(1)(E).
``(b) Availability of Funds.--Amounts made available under
subsection (a) shall remain available until expended.''.
|
National Security Education Program Enhancement Act of 2004 - Amends the Intelligence Authorization Act for Fiscal Year 1992 to require the Director of Central Intelligence (DCI) to transfer specified amounts to the Secretary of Education from Intelligence Community Management (ICM) appropriations to carry out national security education scholarship, fellowship, and grant programs. Revises post-education service obligations for such programs to: (1) allow a delay in the commencement of service obligations, (2) require only a one-year obligation for scholarship recipients. And (3) allow service obligations to be served with a variety of Federal agencies. Requires the DCI to transfer ICM funds to carry out grant programs for the National Flagship Language Initiative . Amends the David L. Boren National Security Education Act of 1991 to require students receiving training under the Initiative to enter into service agreements with the intelligence community element providing such training or reimburse the United States. Directs the Secretary of Defense to take steps to increase the number of qualified educational institutions receiving Initiative grants. Authorizes the Secretary of Defense to award scholarships to US citizens who are native speakers of languages designated as critical and not proficient at a professional level in English to enable them to pursue English studies. Requires recipients to enter into service agreements. Requires the DCI to transfer ICM funds to carry out such program.
|
To amend title VIII of the Intelligence Authorization Act for Fiscal Year 1992, as amended, to revise the funding mechanism for scholarships, fellowships, and grants to institutions under the National Security Education Program, and for other purposes.
| 15,581
| 1,517
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Security Education Program Enhancement Act of 2004". <SECTION-HEADER> PROVISION FOR ANNUAL AUTHORIZATION OF APPROPRIATIONS. In General. Title VIII of the Intelligence Authorization Act for Fiscal Year 1992 , as amended by section 311(c) of the Intelligence Authorization Act for Fiscal Year 1994 , is amended by adding at the end of section 810 the following new subsection: Funding From Intelligence Community Management Account for Fiscal Years Beginning With Fiscal Year 2005. In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, the Director of Central Intelligence shall transfer to the Secretary from amounts appropriated for the Intelligence Community Management Account for each fiscal year, beginning with fiscal year 2005, $8,000,000, to carry out the scholarship, fellowship, and grant programs under subparagraphs (A), (B), and (C), respectively, of section 802(a)(1).". Conforming Amendment. Section 802(a)(2) of such Act (50 USC. 1902(a)(2)) is amended in the matter preceding subparagraph (A) by inserting "or from an appropriation pursuant to the authorization under section 810(c)". <SECTION-HEADER> MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER NATIONAL SECURITY EDUCATION PROGRAM. In General. Subsection (b)(2) of section 802 of title VIII of the Intelligence Authorization Act for Fiscal Year 1992 , as amended by section 925(a) of the National Defense Authorization Act for Fiscal Year 2004 , is amended by striking subparagraphs (A) and (B), and inserting the following: in the case of a recipient of a scholarship, as soon as practicable but in no case later than three years after the completion by the recipient of the study for which scholarship assistance was provided under the program, the recipient shall work for a period of one year in a national security position that the Secretary certifies is appropriate to use the unique language and region expertise acquired by the recipient pursuant to such study in the Department of Defense, in any element of the intelligence community, in the Department of Homeland Security, or in the Department of State. Or in such a position in any other Federal department or agency not referred to in clause (i) if the recipient demonstrates to the Secretary that no position is available in a Federal department or agency specified in clause (i). Or in the case of a recipient of a fellowship, as soon as practicable but in no case later than two years after the completion by the recipient of the study for which fellowship assistance was provided under the program, the recipient shall work for a period equal to the duration of assistance provided under the program, but in no case less than one year in a position described in subparagraph (A)(i) that the Secretary certifies is appropriate to use the unique language and region expertise acquired by the recipient pursuant to such study. Or in such a position in any other Federal department or agency not referred to in clause (i) if the recipient demonstrates to the Secretary that no position is available in a Federal department or agency specified in clause (i). And". Regulations. The Secretary of Defense shall prescribe regulations to carry out the amendment made by subsection (a). In prescribing such regulations, the Secretary shall establish standards that recipients of scholarship and fellowship assistance under the program under such section 802 are required to demonstrate to satisfy the requirement of a good faith effort to gain employment as required under subparagraphs (A) and (B) of subsection (b)(2) of such section. Applicability. (1) The amendment made by subsection (a) shall apply with respect to service agreements entered into under the David L. Boren National Security Education Act of 1991 on or after the date of the enactment of this Act. The amendment made by subsection (a) shall not affect the force, validity, or terms of any service agreement entered into under the David L. Boren National Security Education Act of 1991 before the date of the enactment of this Act that is in force as of that date. <SECTION-HEADER> IMPROVEMENTS TO THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE. Increase in Annual Funding. Title VIII of the Intelligence Authorization Act for Fiscal Year 1992 , as amended by section 311(c) of the Intelligence Authorization Act for Fiscal Year 1994 and by section 333(b) of the Intelligence Authorization Act for Fiscal Year 2003 , is amended by striking section 811 and inserting the following new section 811: "Section 811. FUNDING FOR THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE. Authorization of Appropriations for Fiscal Years 2003 and 2004. In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, there is authorized to be appropriated to the Secretary for each fiscal year, beginning with fiscal year 2003, $10,000,000, to carry out the grant program for the National Flagship Language Initiative under section 802(a)(1)(D). Funding From Intelligence Community Management Account for Fiscal Years Beginning With Fiscal Year 2005. In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, the Director of Central Intelligence shall transfer to the Secretary from amounts appropriated for the Intelligence Community Management Account for each fiscal year, beginning with fiscal year 2005, $12,000,000, to carry out the grant program for the National Flagship Language Initiative under section 802(a)(1)(D). Availability of Appropriated Funds. Amounts made available under this section shall remain available until expended.". Requirement for Employment Agreements. (1) Section 802(i) of the David L. Boren National Security Education Act of 1991 (50 USC. 1902(i)) is amended by adding at the end the following new paragraph: (A) In the case of an undergraduate or graduate student that participates in training in programs under paragraph (1), the student shall enter into an agreement described in subsection (b), other than such a student who has entered into such an agreement pursuant to subparagraph (A)(ii) or (B)(ii) of section 802(a)(1). In the case of a student who is an employee of an agency or department of the Federal Government that participates in training in programs under paragraph (1), the employee shall agree in writing to continue in the service of the agency or department of the Federal Government employing the student for the period of such training. To continue in the service of such agency or department employing the student following completion of such training for a period of two years for each year, or part of the year, of such training. To reimburse the United States for the total cost of such training provided to the student if, before the completion by the student of the training, the employment of the student by the agency or department is terminated due to misconduct by the recipient or by the recipient voluntarily. And to reimburse the United States if, after completing such training, the employment of the student by the agency or department is terminated either by the agency or department due to misconduct by the student or by the student voluntarily, before the completion by the student of the period of service required in clause (ii), in an amount that bears the same ratio to the total cost of the training provided to the student as the unserved portion of such period of service bears to the total period of service under clause (ii). Subject to subparagraph (D), the obligation to reimburse the United States under an agreement under subparagraph (A) is for all purposes a debt owing the United States. (i) A discharge in bankruptcy under title 11, United States Code, shall not release a person from an obligation to reimburse the United States under an agreement under subparagraph (A) if the final decree of the discharge in bankruptcy is issued within five years after the last day of the combined period of service obligation described in clauses (i) and (ii) of subparagraph (B). The head of an element of the intelligence community may release a recipient, in whole or in part, from the obligation to reimburse the United States under an agreement under subparagraph (A) when, in the discretion of the head of the element, the head of the element determines that equity or the interests of the United States so require.". The amendment made by paragraph (1) shall apply to training that begins on or after the date that is 90 days after the date of the enactment of this Act. Increase in the Number of Participating Educational Institutions. The Secretary of Defense shall take such steps as the Secretary determines will increase the number of qualified educational institutions that receive grants under the National Flagship Language Initiative to establish, operate, or improve activities designed to train students in programs in a range of disciplines to achieve advanced levels of proficiency in those foreign languages that the Secretary identifies as being the most critical in the interests of the national security of the United States. Clarification of Authority to Support Studies Abroad. Educational institutions that receive grants under the National Flagship Language Initiative may support students who pursue total immersion foreign language studies overseas of foreign languages that are critical to the national security of the United States. <SECTION-HEADER> ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED STATES WITHIN THE NATIONAL SECURITY EDUCATION PROGRAM. Scholarship Program for English Language Studies for Heritage Community Citizens of the United States. (1) Subsection (a)(1) of section 802 of the David L. Boren National Security Education Act of 1991 is amended by striking "and" at the end of subparagraph (C). By striking the period at the end of subparagraph (D) and inserting ", and". And by adding at the end the following new subparagraph: awarding scholarships to students who are United States citizens who are native speakers of a foreign language that is identified as critical to the national security interests of the United States who should be actively recruited for employment by Federal security agencies with a need for linguists. And are not proficient at a professional level in the English language with respect to reading, writing, and interpersonal skills required to carry out the national security interests of the United States, as determined by the Secretary, to enable such students to pursue English language studies at an institution of higher education of the United States to attain proficiency in those skills. And enter into an agreement to work in a national security position or work in the field of education in the area of study for which the scholarship was awarded in a similar manner as agreements entered into pursuant to subsection (2)(A).". The matter following subsection (a)(2) of such section is amended in the first sentence, by inserting "or for the scholarship program under paragraph (1)(E)" after "under paragraph (1)(D) for the National Flagship Language Initiative described in subsection (i)". And by adding at the end the following: "For the authorization of appropriations for the scholarship program under paragraph (1)(E), see section 812.". Section 803(d)(4)(E) of such Act (50 USC. 1903(d)(4)(E)) is amended by inserting before the period the following: "and section 802(a)(1)(E) .". Funding. The David L. Boren National Security Education Act of 1991 is amended by adding at the end the following new section: "Section 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR CERTAIN HERITAGE COMMUNITY RESIDENTS. Funding From Intelligence Community Management Account. In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, the Director of Central Intelligence shall transfer to the Secretary from amounts appropriated for the Intelligence Community Management Account for each fiscal year, beginning with fiscal year 2005, $4,000,000, to carry out the scholarship programs for English language studies by certain heritage community residents under section 802(a)(1)(E). Availability of Funds. Amounts made available under subsection (a) shall remain available until expended.".
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National Security Education Program Enhancement Act of 2004 - Amends the Intelligence Authorization Act for Fiscal Year 1992 to require the Director of Central Intelligence (DCI) to transfer specified amounts to the Secretary of Education from Intelligence Community Management (ICM) appropriations to carry out national security education scholarship, fellowship, and grant programs. Revises post-education service obligations for such programs to: (1) allow a delay in the commencement of service obligations, (2) require only a one-year obligation for scholarship recipients. And (3) allow service obligations to be served with a variety of Federal agencies. Requires the DCI to transfer ICM funds to carry out grant programs for the National Flagship Language Initiative . Amends the David L. Boren National Security Education Act of 1991 to require students receiving training under the Initiative to enter into service agreements with the intelligence community element providing such training or reimburse the United States. Directs the Secretary of Defense to take steps to increase the number of qualified educational institutions receiving Initiative grants. Authorizes the Secretary of Defense to award scholarships to US citizens who are native speakers of languages designated as critical and not proficient at a professional level in English to enable them to pursue English studies. Requires recipients to enter into service agreements. Requires the DCI to transfer ICM funds to carry out such program.
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To amend title VIII of the Intelligence Authorization Act for Fiscal Year 1992, as amended, to revise the funding mechanism for scholarships, fellowships, and grants to institutions under the National Security Education Program, and for other purposes.
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103_hr963
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Government Interstate Waste
Control Act''.
SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following new
section:
``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID
WASTE.
``(a) Restriction on Receipt of Out-of-State Waste.--(1) Subject to
subsection (f), the owner or operator of a landfill, incinerator, or
other waste disposal facility in a State may not receive for disposal
or incineration any municipal solid waste generated outside the State
unless the owner or operator obtains authorization to receive such
waste from the affected local government. Any such authorization shall
be granted by formal action at a meeting and shall be recorded in
writing in the official record of the meeting. The local government
shall notify the Governor, adjoining local governments, and any
adjoining Indian tribes of any authorization granted under this
subsection. Subject to subsection (c), only 1 authorization per
facility is required under this subsection.
``(2) Prior to formal action with respect to authorization to
receive municipal solid waste generated outside the State, the affected
local government shall require and make readily available to the
Governor, adjoining local governments, any adjoining Indian tribes, and
other interested persons for inspection and copying the following
information from the owner or operator of the facility seeking such
authorization:
``(A) A brief description of the planned facility,
including facility size, ultimate waste capacity, and
anticipated monthly and yearly waste volumes to be handled.
``(B) A map of the facility site indicating location in
relation to the local road system and topography and
hydrological features. This map shall indicate any buffer zones
to be acquired by the owner or operator as well as all facility
units.
``(C) A description of the current environmental
characteristics of the site, including information regarding
ground water resources, and discussion of alterations that may
be necessitated by or occur as a result of the facility.
``(D) A description of appropriate environmental controls
to be utilized on the site, including runon/runoff management,
air pollution control devices, source separation procedures,
methane monitoring and control, landfill covers, liners or
leachate collection systems, and monitoring programs. This
description also shall include a discussion of any waste
residuals generated by the facility, including leachate or ash,
and the planned management of such residuals.
``(E) A description of site access controls to be employed,
roadway improvements to be made by the owner or operator, and
an estimate of the timing and extent of increased local truck
traffic.
``(F) A list of all required Federal, State, and local
permits.
``(G) Estimates of the personnel requirements of the
facility, including information regarding the probable skill
and education levels required for jobs at the facility. This
information should distinguish between employment statistics
for pre- and post-operational levels.
``(H) Such information as is required by State law to be
provided with respect to any violations of environmental laws
or regulations by the owner, the operator, and their
subsidiaries, the disposition of enforcement proceedings taken
with respect to such violations, and corrective action and
rehabilitation measures taken as a result of such proceedings.
``(I) Such information as is required by State law to be
provided with respect to gifts and contributions by the owner
and operator.
``(J) Such information as is required by State law to be
provided by the owner or operator with respect to compliance by
the owner or operator with the State solid waste management
plan in effect pursuant to section 4007.
``(3) Prior to formal action with respect to authorization to
receive municipal solid waste generated outside the State, the affected
local government shall notify the Governor, adjoining local
governments, and any adjoining Indian tribes, and publish notice of the
action in a newspaper of general circulation at least 30 days before
the hearing and again at least 15 days before the hearing, and provide
an opportunity for public comment, including at least 1 public hearing,
in accordance with State law.
``(b) Limitations on Applicability.--
``(1) Landfills in operation.--Subsection (a) does not
apply to an owner or operator of a landfill that--
``(A) on the date of the enactment of this section,
was in compliance with all applicable State laws and
regulations relating to design and location standards,
leachate collection, ground water monitoring, and
financial assurance for closure and post-closure care
and corrective action; and
``(B) during calendar year 1991, accepted, in
accordance with State law as in effect during such
calendar year, documented shipments of municipal solid
waste generated outside the State, or, before the date
of the enactment of this section, entered into a host
agreement or otherwise obtained authorization to accept
such waste from the affected local government.
``(2) Landfills under construction or in planning
process.--(A) Subject to subparagraph (B), subsection (a) does
not apply to a person who--
``(i) is planning to own or operate a landfill; and
``(ii) before the date of the enactment of this
section, entered into a host agreement or otherwise
obtained authorization from the affected local
government to accept at such landfill municipal solid
waste generated outside the county or the State in
which the landfill is located.
``(B) The limitation on applicability contained in
subparagraph (A) shall terminate if the landfill, before or
after construction, fails to meet all State laws and
regulations relating to design and location standards, leachate
collection, ground water monitoring, or financial assurance for
closure and post closure care and corrective action.
``(3) Incinerators and other facilities.--Subsection (a)
does not apply to either of the following:
``(A) An owner or operator of an incinerator or
other waste disposal facility (other than a landfill)
that, during calendar year 1991, accepted documented
shipments of municipal solid waste generated outside
the State or, before the date of the enactment of this
section, entered into a host agreement or otherwise
obtained authorization to accept such waste from the
affected local government.
``(B) A person who is planning to own or operate an
incinerator or other waste disposal facility (other
than a landfill) and who, before the date of the
enactment of this section, entered into a host
agreement or otherwise obtained authorization from the
affected local government to accept municipal solid
waste generated outside the State at such incinerator
or facility.
``(c) Treatment of Expansions of Facilities.--
``(1) In general.--Except as provided in paragraph (2), the
expansion of a landfill, incinerator, or other waste disposal
facility shall be considered, for purposes of subsection (a),
to be a separate facility requiring authorization in order to
accept waste generated outside the State.
``(2) Exception.--A landfill, incinerator, or other waste
disposal facility may be expanded for purposes of receiving
waste generated outside the State without an authorization
under subsection (a) to accept such waste at the expansion only
if--
``(A) with respect to a facility for which the
owner or operator has obtained authorization as
described in subsection (a) or in paragraph (1), (2),
or (3) of subsection (b), at the time the owner or
operator obtained such authorization--
``(i) the owner or operator owned or
possessed an option to purchase the land on
which the expansion of the facility is proposed
to occur; and
``(ii) the area of expansion of the
facility was indicated in documents filed with
the affected local government before obtaining
such authorization; or
``(B) with respect to a facility described in
paragraph (1) or (3) of subsection (b) for which the
owner or operator is not required to obtain
authorization, the owner or operator, during calendar
year 1991, owned or possessed an option to purchase the
land on which the expansion of the facility is proposed
to occur.
``(d) Restriction on Local Government Control by Governor.--In any
case in which an affected local government is considering granting an
authorization to receive municipal solid waste generated outside the
State, and the disposal or incineration of such waste precludes the use
of solid waste management capacity that is identified under the State
plan to be used for disposal or incineration of municipal solid waste
generated within the region (identified under section 4006(a)) in which
the local government is located, the Governor may prohibit the affected
local government from granting the authorization.
``(e) Authority of Governor to Restrict Out-of-State Municipal
Solid Waste.--
``(1)(A) Except as provided in paragraph (5), if requested
in writing by both an affected local government, and an
affected local solid waste planning unit (if such a local solid
waste planning unit exists under State law), a Governor may,
with respect to landfills to which subsection (a) does not
apply (as set forth in paragraphs (1) and (2) of subsection
(b)), limit the amount of out-of-State municipal solid waste
received for disposal at each such landfill in the State to an
amount equal to the amount of out-of-State municipal solid
waste received for disposal at the landfill during calendar
year 1991 or any 12 consecutive months between January 1, 1991,
and June 30, 1992, whichever is less, as determined by the
Governor in submitting information under paragraph (4).
``(B) Prior to submitting a request under this section to
limit the disposal of out-of-State municipal solid waste, the
affected local government and the affected local solid waste
planning unit, if any, shall--
``(i) provide notice and opportunity for public
comment concerning any such proposed request; and
``(ii) following notice and comment, take formal
action upon any such proposed request at a public
meeting.
``(3) In responding to requests by affected local
governments under paragraph (1)(A), the Governor shall respond
in a consistent manner that does not discriminate against any
particular landfill within the State and does not discriminate
against any shipments of out-of-State municipal solid waste on
the basis of State of origin.
``(4)(A) Any Governor who intends to exercise the authority
provided in this subsection shall, within 60 days after the
date of enactment of this section, submit to the Administrator
information documenting the amount of out-of-State municipal
solid waste received for disposal in the Governor's State
during calendar year 1991 and the first six months of calendar
year 1992.
``(B) Upon receipt of such information, the Administrator
shall notify the Governor of each State and the public and
shall provide a comment period of not less than 30 days.
``(C) Not later than 120 days after the date of enactment
of this section, the Administrator shall publish a list of the
amount of out-of-State municipal solid waste that was received
at each landfill to which subsection (a) does not apply (as set
forth in paragraphs (1) and (2) of subsection (b)) for disposal
in the State during calendar year 1991 and the first six months
of calendar year 1992, as determined by the Governor in
submitting information under subparagraph (A).
``(5) A Governor may not exercise the authority granted
under this subsection if such action would be inconsistent with
State law or would result in the violation of or failure to
perform any provision of--
``(i) a written, legally binding contract,
including a host agreement, that was lawfully entered
into by the owner or operator of a landfill and the
affected local government and which authorizes the
landfill to receive municipal solid waste generated
outside the jurisdiction of the affected local
government; or
``(ii) a written, legally binding contract for
disposal at a landfill of municipal solid waste
generated outside the State in which the landfill is
located that was in effect on May 31, 1992.
``(f) Continued Applicability of Section Conditioned on Certain
Landfill Requirements.--Subsections (a) through (e) of this section
shall not apply after January 1, 1997, in a State unless each operating
municipal solid waste landfill in the State--
``(1) meets the design and location standards that are
applicable to landfills constructed on and after October 1993;
or
``(2) is on an enforceable schedule--
``(A) to stop receiving waste by January 1, 2000;
and
``(B) to implement a closure plan.
``(g) Definitions.--As used in this section:
``(1) The term `affected local government', with respect to
a landfill, incinerator, or other waste disposal facility,
means the elected officials of the city, town, borough, county,
or parish in which the facility is located. Within 90 days
after enactment of this section, the Governor of each State
shall designate and publish notice of which entity listed in
the preceding sentence shall serve as the affected local
government for purposes of actions taken under this section
after the date of publication of such notice. No such
designation shall affect host agreements concluded before the
date of publication of such notice. If the Governor fails to
make such designation, the affected local government shall be
the city, town, borough, county, parish, or other public body
created by or pursuant to State law with primary jurisdiction
over the use of the land on which the facility is located or
proposed to be located.
``(2) The term `affected local solid waste planning unit'
means a political subdivision of a State with authority
relating to solid waste management planning in accordance with
state law.
``(3) The term `out-of-State municipal solid waste', with
respect to a State, means municipal solid waste generated
outside of the State.
``(4) The term `municipal solid waste' means solid waste
that is refuse (and refuse-derived fuel) generated by the
general public and from residential, commercial, institutional,
and industrial sources consisting of paper, wood, yard wastes,
food wastes, plastics, leather, rubber, and other combustible
materials and noncombustible materials such as metal, glass,
and rock. The term does not include--
``(A) hazardous waste or waste containing
polychlorinated biphenyls;
``(B) industrial waste;
``(C) medical waste;
``(D) recyclable materials that have been separated
from waste otherwise destined for disposal (either at
the source of the waste or at processing facilities) or
that have been managed separately from waste destined
for disposal; and
``(E) materials and products returned from a
dispenser or distributor to the manufacturer or its
agent for credit, evaluation, and possible reuse.
``(5) The term `host agreement' means a written, legally
binding agreement, lawfully entered into between an owner or
operator of a landfill or incinerator and an affected local
government that authorizes the landfill or incinerator to
receive municipal solid waste generated outside the
jurisdiction of the affected local government.''.
(b) Table of Contents Amendment.--The table of contents of the
Solid Waste Disposal Act is amended by adding at the end of the items
relating to subtitle D the following new item:
``Sec. 4011. Interstate transportation and disposal of municipal solid
waste.''.
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Local Government Interstate Waste Control Act - Amends the Solid Waste Disposal Act to prohibit owners or operators of landfills, incinerators, or other waste disposal facilities from receiving municipal solid waste generated outside their State unless they obtain authorization from the affected local government. Exempts from such prohibition: (1) landfills that, as of this Act's enactment date, complied with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure care and corrective action and, during 1991, accepted municipal solid waste generated outside the State or, before this Act's enactment date, obtained authorization to accept such waste. (2) persons planning to own or operate a landfill, incinerator, or other waste disposal facility who obtained authorization to accept such waste before this Act's enactment. And (3) incinerators that accepted such waste during 1991 or obtained authorization before this Act's enactment. Considers expansions of landfills, incinerators, or waste disposal facilities to be separate facilities requiring authorization. Exempts owners or operators of such facilities from the requirement to obtain additional authorizations if: (1) at the time they obtained authorization, they possessed an option to purchase the land on which the expansion is proposed to occur. And (2) the area of expansion was indicated in documents filed with the affected local government before obtaining authorization. Or (3) with respect to facilities exempted from authorization requirements, they possessed an option to purchase the land for the expansion during 1991. Authorizes State Governors to prohibit local government authorizations if the disposal of out-of-State waste is using solid waste management capacity required to be used for waste generated within the local government's region. Permits a Governor, if requested by an affected local government and local solid waste planning unit, to limit the amount of out-of-State waste received at landfills exempted from authorization requirements. Makes this Act inapplicable after 1996 unless each operating landfill in a State: (1) meets design and location standards applicable to landfills constructed on and after October 1993. Or (2) is on an enforceable schedule to stop receiving waste by 2000 and to implement a closure plan.
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Local Government Interstate Waste Control Act
| 18,858
| 2,417
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Local Government Interstate Waste Control Act". <SECTION-HEADER> INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. In General. Subtitle D of the Solid Waste Disposal Act is amended by adding at the end the following new section: "Section 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. Restriction on Receipt of Out-of-State Waste. (1) Subject to subsection (f), the owner or operator of a landfill, incinerator, or other waste disposal facility in a State may not receive for disposal or incineration any municipal solid waste generated outside the State unless the owner or operator obtains authorization to receive such waste from the affected local government. Any such authorization shall be granted by formal action at a meeting and shall be recorded in writing in the official record of the meeting. The local government shall notify the Governor, adjoining local governments, and any adjoining Indian tribes of any authorization granted under this subsection. Subject to subsection (c), only 1 authorization per facility is required under this subsection. Prior to formal action with respect to authorization to receive municipal solid waste generated outside the State, the affected local government shall require and make readily available to the Governor, adjoining local governments, any adjoining Indian tribes, and other interested persons for inspection and copying the following information from the owner or operator of the facility seeking such authorization: A brief description of the planned facility, including facility size, ultimate waste capacity, and anticipated monthly and yearly waste volumes to be handled. A map of the facility site indicating location in relation to the local road system and topography and hydrological features. This map shall indicate any buffer zones to be acquired by the owner or operator as well as all facility units. A description of the current environmental characteristics of the site, including information regarding ground water resources, and discussion of alterations that may be necessitated by or occur as a result of the facility. A description of appropriate environmental controls to be utilized on the site, including runonrunoff management, air pollution control devices, source separation procedures, methane monitoring and control, landfill covers, liners or leachate collection systems, and monitoring programs. This description also shall include a discussion of any waste residuals generated by the facility, including leachate or ash, and the planned management of such residuals. A description of site access controls to be employed, roadway improvements to be made by the owner or operator, and an estimate of the timing and extent of increased local truck traffic. A list of all required Federal, State, and local permits. Estimates of the personnel requirements of the facility, including information regarding the probable skill and education levels required for jobs at the facility. This information should distinguish between employment statistics for pre- and post-operational levels. Such information as is required by State law to be provided with respect to any violations of environmental laws or regulations by the owner, the operator, and their subsidiaries, the disposition of enforcement proceedings taken with respect to such violations, and corrective action and rehabilitation measures taken as a result of such proceedings. Such information as is required by State law to be provided with respect to gifts and contributions by the owner and operator. Such information as is required by State law to be provided by the owner or operator with respect to compliance by the owner or operator with the State solid waste management plan in effect pursuant to section 4007. Prior to formal action with respect to authorization to receive municipal solid waste generated outside the State, the affected local government shall notify the Governor, adjoining local governments, and any adjoining Indian tribes, and publish notice of the action in a newspaper of general circulation at least 30 days before the hearing and again at least 15 days before the hearing, and provide an opportunity for public comment, including at least 1 public hearing, in accordance with State law. Limitations on Applicability. Landfills in operation. Subsection (a) does not apply to an owner or operator of a landfill that on the date of the enactment of this section, was in compliance with all applicable State laws and regulations relating to design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure care and corrective action. And during calendar year 1991, accepted, in accordance with State law as in effect during such calendar year, documented shipments of municipal solid waste generated outside the State, or, before the date of the enactment of this section, entered into a host agreement or otherwise obtained authorization to accept such waste from the affected local government. Landfills under construction or in planning process. (A) Subject to subparagraph (B), subsection (a) does not apply to a person who is planning to own or operate a landfill. And before the date of the enactment of this section, entered into a host agreement or otherwise obtained authorization from the affected local government to accept at such landfill municipal solid waste generated outside the county or the State in which the landfill is located. The limitation on applicability contained in subparagraph (A) shall terminate if the landfill, before or after construction, fails to meet all State laws and regulations relating to design and location standards, leachate collection, ground water monitoring, or financial assurance for closure and post closure care and corrective action. Incinerators and other facilities. Subsection (a) does not apply to either of the following: An owner or operator of an incinerator or other waste disposal facility that, during calendar year 1991, accepted documented shipments of municipal solid waste generated outside the State or, before the date of the enactment of this section, entered into a host agreement or otherwise obtained authorization to accept such waste from the affected local government. A person who is planning to own or operate an incinerator or other waste disposal facility and who, before the date of the enactment of this section, entered into a host agreement or otherwise obtained authorization from the affected local government to accept municipal solid waste generated outside the State at such incinerator or facility. Treatment of Expansions of Facilities. In general. Except as provided in paragraph (2), the expansion of a landfill, incinerator, or other waste disposal facility shall be considered, for purposes of subsection (a), to be a separate facility requiring authorization in order to accept waste generated outside the State. Exception. A landfill, incinerator, or other waste disposal facility may be expanded for purposes of receiving waste generated outside the State without an authorization under subsection (a) to accept such waste at the expansion only if with respect to a facility for which the owner or operator has obtained authorization as described in subsection (a) or in paragraph (1), (2), or (3) of subsection (b), at the time the owner or operator obtained such authorization the owner or operator owned or possessed an option to purchase the land on which the expansion of the facility is proposed to occur. And the area of expansion of the facility was indicated in documents filed with the affected local government before obtaining such authorization. Or with respect to a facility described in paragraph (1) or (3) of subsection (b) for which the owner or operator is not required to obtain authorization, the owner or operator, during calendar year 1991, owned or possessed an option to purchase the land on which the expansion of the facility is proposed to occur. Restriction on Local Government Control by Governor. In any case in which an affected local government is considering granting an authorization to receive municipal solid waste generated outside the State, and the disposal or incineration of such waste precludes the use of solid waste management capacity that is identified under the State plan to be used for disposal or incineration of municipal solid waste generated within the region (identified under section 4006(a)) in which the local government is located, the Governor may prohibit the affected local government from granting the authorization. Authority of Governor to Restrict Out-of-State Municipal Solid Waste. (A) Except as provided in paragraph (5), if requested in writing by both an affected local government, and an affected local solid waste planning unit , a Governor may, with respect to landfills to which subsection (a) does not apply (as set forth in paragraphs (1) and (2) of subsection ), limit the amount of out-of-State municipal solid waste received for disposal at each such landfill in the State to an amount equal to the amount of out-of-State municipal solid waste received for disposal at the landfill during calendar year 1991 or any 12 consecutive months between January 1, 1991, and June 30, 1992, whichever is less, as determined by the Governor in submitting information under paragraph (4). Prior to submitting a request under this section to limit the disposal of out-of-State municipal solid waste, the affected local government and the affected local solid waste planning unit, if any, shall provide notice and opportunity for public comment concerning any such proposed request. And following notice and comment, take formal action upon any such proposed request at a public meeting. In responding to requests by affected local governments under paragraph (1)(A), the Governor shall respond in a consistent manner that does not discriminate against any particular landfill within the State and does not discriminate against any shipments of out-of-State municipal solid waste on the basis of State of origin. (A) Any Governor who intends to exercise the authority provided in this subsection shall, within 60 days after the date of enactment of this section, submit to the Administrator information documenting the amount of out-of-State municipal solid waste received for disposal in the Governor's State during calendar year 1991 and the first six months of calendar year 1992. Upon receipt of such information, the Administrator shall notify the Governor of each State and the public and shall provide a comment period of not less than 30 days. Not later than 120 days after the date of enactment of this section, the Administrator shall publish a list of the amount of out-of-State municipal solid waste that was received at each landfill to which subsection (a) does not apply (as set forth in paragraphs (1) and (2) of subsection (b)) for disposal in the State during calendar year 1991 and the first six months of calendar year 1992, as determined by the Governor in submitting information under subparagraph (A). A Governor may not exercise the authority granted under this subsection if such action would be inconsistent with State law or would result in the violation of or failure to perform any provision of a written, legally binding contract, including a host agreement, that was lawfully entered into by the owner or operator of a landfill and the affected local government and which authorizes the landfill to receive municipal solid waste generated outside the jurisdiction of the affected local government. Or a written, legally binding contract for disposal at a landfill of municipal solid waste generated outside the State in which the landfill is located that was in effect on May 31, 1992. Continued Applicability of Section Conditioned on Certain Landfill Requirements. Subsections (a) through (e) of this section shall not apply after January 1, 1997, in a State unless each operating municipal solid waste landfill in the State meets the design and location standards that are applicable to landfills constructed on and after October 1993. Or is on an enforceable schedule to stop receiving waste by January 1, 2000. And to implement a closure plan. Definitions. As used in this section: The term `affected local government', with respect to a landfill, incinerator, or other waste disposal facility, means the elected officials of the city, town, borough, county, or parish in which the facility is located. Within 90 days after enactment of this section, the Governor of each State shall designate and publish notice of which entity listed in the preceding sentence shall serve as the affected local government for purposes of actions taken under this section after the date of publication of such notice. No such designation shall affect host agreements concluded before the date of publication of such notice. If the Governor fails to make such designation, the affected local government shall be the city, town, borough, county, parish, or other public body created by or pursuant to State law with primary jurisdiction over the use of the land on which the facility is located or proposed to be located. The term `affected local solid waste planning unit' means a political subdivision of a State with authority relating to solid waste management planning in accordance with state law. The term `out-of-State municipal solid waste', with respect to a State, means municipal solid waste generated outside of the State. The term `municipal solid waste' means solid waste that is refuse generated by the general public and from residential, commercial, institutional, and industrial sources consisting of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustible materials and noncombustible materials such as metal, glass, and rock. The term does not include hazardous waste or waste containing polychlorinated biphenyls, industrial waste, medical waste. Recyclable materials that have been separated from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. And materials and products returned from a dispenser or distributor to the manufacturer or its agent for credit, evaluation, and possible reuse. The term `host agreement' means a written, legally binding agreement, lawfully entered into between an owner or operator of a landfill or incinerator and an affected local government that authorizes the landfill or incinerator to receive municipal solid waste generated outside the jurisdiction of the affected local government.". Table of Contents Amendment. The table of contents of the Solid Waste Disposal Act is amended by adding at the end of the items relating to subtitle D the following new item: "Section 4011. Interstate transportation and disposal of municipal solid waste.".
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Local Government Interstate Waste Control Act - Amends the Solid Waste Disposal Act to prohibit owners or operators of landfills, incinerators, or other waste disposal facilities from receiving municipal solid waste generated outside their State unless they obtain authorization from the affected local government. Exempts from such prohibition: (1) landfills that, as of this Act's enactment date, complied with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure care and corrective action and, during 1991, accepted municipal solid waste generated outside the State or, before this Act's enactment date, obtained authorization to accept such waste. (2) persons planning to own or operate a landfill, incinerator, or other waste disposal facility who obtained authorization to accept such waste before this Act's enactment. And (3) incinerators that accepted such waste during 1991 or obtained authorization before this Act's enactment. Considers expansions of landfills, incinerators, or waste disposal facilities to be separate facilities requiring authorization. Exempts owners or operators of such facilities from the requirement to obtain additional authorizations if: (1) at the time they obtained authorization, they possessed an option to purchase the land on which the expansion is proposed to occur. And (2) the area of expansion was indicated in documents filed with the affected local government before obtaining authorization. Or (3) with respect to facilities exempted from authorization requirements, they possessed an option to purchase the land for the expansion during 1991. Authorizes State Governors to prohibit local government authorizations if the disposal of out-of-State waste is using solid waste management capacity required to be used for waste generated within the local government's region. Permits a Governor, if requested by an affected local government and local solid waste planning unit, to limit the amount of out-of-State waste received at landfills exempted from authorization requirements. Makes this Act inapplicable after 1996 unless each operating landfill in a State: (1) meets design and location standards applicable to landfills constructed on and after October 1993. Or (2) is on an enforceable schedule to stop receiving waste by 2000 and to implement a closure plan.
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Local Government Interstate Waste Control Act
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114_hr3634
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Loan Debt Protection Act of
2015''.
TITLE I--BORROWERS' RIGHT TO BASIC CONSUMER PROTECTIONS
SEC. 101. DISCHARGEABILITY OF STUDENT LOANS IN BANKRUPTCY CASES.
Section 523(a) of title 11 of the United States Code is amended--
(1) by striking paragraph (8); and
(2) by redesignating paragraphs (9) through (19) as
paragraphs (8) through (18).
SEC. 102. REINSTATEMENT OF THE 6-YEAR STATUTE OF LIMITATIONS FOR
STUDENT LOANS.
Subsection (a) of section 484A of the Higher Education Act of 1965
(20 U.S.C. 1091a(a)) is amended to read as follows:
``(a) Statute of Limitations.--Notwithstanding any Federal or State
statutory, regulatory, or administrative limitation on the period
within which debts may be enforced--
``(1) an institution that receives funds under this title
may file a suit or initiate or take another action for
collection of a refund due from a student on a grant made, or
work assistance awarded, under this title, during the 6-year
period beginning on the day after the refund first became due
(exclusive of period during which the State statute of
limitations otherwise applicable to a suit under this paragraph
would be tolled under State law);
``(2) a guaranty agency that has an agreement with the
Secretary under section 428(c) may file a suit or initiate or
take another action for collection of the amount due from a
borrower on a loan made under part B during the 6-year period
beginning on the day after such guaranty agency reimburses the
previous holder of the loan for its loss on account of the
default of the borrower (exclusive of period during which the
State statute of limitations otherwise applicable to a suit
under this paragraph would be tolled under State law);
``(3) an institution that has an agreement with the
Secretary pursuant to section 487 may file a suit or initiate
or take another action for collection of the amount due from a
borrower on a loan made under part D or E after the default of
the borrower on such loan during the 6-year period beginning on
the day after the date of the default of the borrower with
respect to such amount (exclusive of period during which the
State statute of limitations otherwise applicable to a suit
under this paragraph would be tolled under State law); or
``(4) the Secretary, the Attorney General, or the
administrative head of another Federal agency, as the case may
be, may file a suit or initiate or take another action for
collection of a refund due from a student on a grant made under
this title, or for the repayment of the amount due from a
borrower on a loan made under this title that has been assigned
to the Secretary under this title, during the 6-year period
beginning on the day after the refund or the amount first
became due.''.
SEC. 103. PROHIBITION OF COLLECTION OF STUDENT LOANS THROUGH CERTAIN
OFFSETS OR THROUGH WAGE GARNISHMENT.
(a) Prohibition on Offset of Social Security Benefits.--Section
3716(c)(3)(A) of title 31, United States Code, is amended--
(1) in clause (i), by striking ``except as provided in
clause (ii)'' and inserting ``except as provided in clauses
(ii) and (iii)''; and
(2) by adding at the end the following new clause:
``(iii) Notwithstanding clause (i), any payments due to an
individual under Federal benefits programs cited under clause (i) shall
not be subject to offset under this subsection if the offset is for
payments certified by the Department of Education under a program
administered by the Secretary of Education under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).''.
(b) Prohibition on Offset of Tax Refund.--Section 3720A(a) of title
31, United States Code, is amended--
(1) by striking ``Any Federal agency'' and inserting ``(1)
Except as provided in paragraph (2), any Federal agency''; and
(2) by adding at the end the following new paragraph:
``(2) Any past-due legally enforceable debt owed by an individual
to the Department of Education under a program administered by the
Secretary of Education under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.) shall not be subject to notification
under paragraph (1), and any refund of Federal taxes paid by the
individual shall not be subject to reduction under subsection (c) for
such debt.''.
(c) Prohibition on Wage Garnishment.--Section 3720D(a) of title 31,
United States Code, is amended--
(1) by striking ``Notwithstanding'' and inserting: ``(1)
Except as provided in paragraph (2) and notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(2) Any delinquent nontax debt owed by an individual to the
Department of Education under a program administered by the Secretary
of Education under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) shall not be subject to collection under this
section through garnishment of disposable pay of the individual.''.
TITLE II--BORROWER'S RIGHT TO REASONABLE AND FLEXIBLE REPAYMENT OPTIONS
SEC. 201. EXCLUSION FROM GROSS INCOME FOR DISCHARGE OF STUDENT LOAN
INDEBTEDNESS.
(a) In General.--Paragraph (1) of section 108(f) of the Internal
Revenue Code of 1986 is amended by striking ``if such discharge'' and
all that follows and inserting a period.
(b) Student Loans.--Paragraph (2) of section 108(f) of such Code is
amended by striking ``made by--'' and all that follows and inserting
the following: ``. Such term includes indebtedness used to refinance
indebtedness which qualifies as a student loan under the preceding
sentence.''.
(c) Conforming Amendments.--Section 108(f) of such Code is amended
by striking paragraphs (3) and (4).
(d) Effective Date.--The amendments made by this section shall
apply to discharges of indebtedness after the date of the enactment of
this Act.
SEC. 202. 529 PLAN DISTRIBUTION FOR STUDENT LOAN PAYMENTS.
(a) In General.--Subparagraph (A) of section 529(e)(3) of the
Internal Revenue Code of 1986 is amended by striking clause (iii) and
inserting the following new clause:
``(iii) interest or principal paid with
respect to a qualified education loan (as
defined in section 221) with respect to a
designated beneficiary.''.
(b) Conforming Amendments.--
(1) Section 529(e)(3)(A) of such Code is amended by
striking the second sentence.
(2) Section 72(t)(7)(A) of such Code is amended by
inserting ``determined without regard to subparagraph (A)(iii)
thereof'' after ``section 529(e)(3)''.
(3) Section 530(b)(2)(A)(i) of such Code is amended by
inserting ``determined without regard to subparagraph (A)(iii)
thereof'' after ``section 529(e)(3)''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 203. INCLUSION OF PARENT PLUS LOANS IN REPAYMENT PROGRAMS.
(a) Income Contingent Repayment Plan.--Section 455(d)(1)(D) of the
Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) is amended by
striking ``, except that the plan described in this subparagraph shall
not be available to the borrower of a Federal Direct PLUS loan made on
behalf of a dependent student;''.
(b) Income-Based Repayment.--
(1) Section 493c.--Section 493C of the Higher Education Act
of 1965 (20 U.S.C. 1098e) is amended--
(A) in subsection (a)--
(i) by striking ``this section'' and all
that follows through ``hardship'' and inserting
``In this section, the term `partial financial
hardship'''; and
(ii) by striking ``(other than an excepted
PLUS loan or excepted consolidation loan)'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``(other
than an excepted PLUS loan or excepted
consolidation loan)''; and
(ii) in paragraph (6)(A), by striking
``(other than an excepted PLUS loan or excepted
consolidation loan)''; and
(C) in subsection (c), by striking ``(other than an
excepted PLUS loan or excepted consolidation loan),''.
(2) Section 455(d)(1)(E).--Section 455(d)(1)(E) of such Act
(20 U.S.C. 1087e(d)(1)(D)) is amended by striking ``, except
that the plan described in this subparagraph shall not be
available to the borrower of a Federal Direct PLUS Loan made on
behalf of a dependent student or a Federal Direct Consolidation
Loan, if the proceeds of such loan were used to discharge the
liability on such Federal Direct PLUS Loan or a loan under
section 428B made on behalf of a dependent student''.
(c) Pay As You Earn.--The income-contingent repayment plan (based
on the President's ``Pay As You Earn'' repayment initiative)
implemented in parts 674, 682, and 685 of title 34, Code of Federal
Regulations, as amended by the final regulations published by the
Department of Education in the Federal Register on November 1, 2012 (77
Fed. Reg. 66088 et seq.), shall be available to borrowers of--
(1) a Federal Direct PLUS loan made on behalf of a
dependent student; and
(2) a Federal Direct Consolidation Loan, the proceeds of
which were used to discharge the liability on a Federal Direct
PLUS Loan under part D of title IV of the Higher Education Act
of 1965 or a loan under section 428B of such Act made, insured,
or guaranteed on behalf of a dependent student.
(d) Loan Forgiveness for Service in Areas of National Need.--
Section 428K(a)(2) of such Act (20 U.S.C. 1078-11(a)(2)) is amended--
(1) in subparagraph (A), by striking ``(other than an
excepted PLUS loan or an excepted consolidation loan (as such
terms are defined in section 493C(a)))''; and
(2) in subparagraph (B), by striking ``(other than an
excepted PLUS loan or an excepted consolidation loan)''.
(e) Other Repayment Plans.--Any plan for the repayment of loans
made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.), which is finalized by the Secretary of Education on or after
the date of enactment of this Act, shall include the repayment of a
loan under section 428B of the Higher Education Act of 1965, or a
Federal Direct PLUS Loan under part D of title IV of such Act, that is
made, insured, or guaranteed on behalf of a dependent student.
TITLE III--BORROWERS' RIGHT TO A MEANINGFUL DEGREE
SEC. 301. PROHIBITION ON SUSPENSIONS OF PROFESSIONAL LICENSES FOR LOAN
DEFAULT.
No evidence of an individual's default on the repayment of a loan
made, insured, or guaranteed under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.) may be admitted into evidence in a
Federal or State proceeding involving the individual's professional or
vocational license.
SEC. 302. PROHIBITION ON LOSS OF ACCESS TO TRANSCRIPTS FOR LOAN
DEFAULT.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) (as amended by section 301) is further amended by adding at
the end the following new paragraph:
``(31)(A) The institution will not prohibit a student from
accessing the student's transcripts, degree scrolls, or other
certifications of coursework or educational attainments at the
institution because the student is in default on the repayment
of a loan made, insured, or guaranteed under this title.
``(B) For purposes of this paragraph, the term `student'
includes former students.''.
TITLE IV--RIGHT TO EFFECTIVE LOAN CANCELLATION FOR BORROWERS ENGAGED IN
PUBLIC SERVICE CAREERS
SEC. 401. EXTENSION OF LOAN CANCELLATION FOR BORROWERS EMPLOYED IN
PUBLIC SERVICE JOBS FOR 5 YEARS.
Section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2), the following:
``(3) Additional loan cancellation for certain borrowers.--
``(A) In general.--The Secretary shall--
``(i) after the conclusion of the
employment period described in subparagraph
(B)(ii) for an eligible borrower, cancel the
obligation to repay 10 percent of the balance
of interest and principal due, as of the time
of such cancellation, on the eligible Federal
Direct Loans made to the borrower under this
part; and
``(ii) after the loan cancellation under
clause (i), carry out such loan cancellation
for each year in which the borrower makes 12
monthly payments on the eligible Federal Direct
Loans pursuant to any one or a combination of
the repayment plans described in subclauses (I)
through (IV) of subparagraph (B)(i) and is
employed in a public service job during the
period in which the borrower makes each of such
payments, except that once the borrower is
eligible for the loan cancellation under
paragraph (2) the Secretary shall carry out the
loan cancellation under paragraph (2) in lieu
of the loan cancellation under this clause.
``(B) Eligible borrower.--In this paragraph, an
eligible borrower is a borrower who--
``(i) has made 60 monthly payments on the
eligible Federal Direct Loan after October 1,
2015, pursuant to any one or a combination of
the following--
``(I) payments under an income-
based repayment plan under section
493C;
``(II) payments under a standard
repayment plan under subsection
(d)(1)(A), based on a 10-year repayment
period;
``(III) monthly payments under a
repayment plan under subsection (d)(1)
or (g) of not less than the monthly
amount calculated under subsection
(d)(1)(A), based on a 10-year repayment
period; or
``(IV) payments under an income
contingent repayment plan under
subsection (d)(1)(D); and
``(ii) has been employed in a public
service job during the period in which the
borrower makes each of the 60 payments
described in clause (i).''.
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Student Loan Debt Protection Act of 2015 This bill amends the federal bankruptcy code to permit a borrower to discharge in bankruptcy a nonprofit, government, or private student loan, or an obligation to repay an educational benefit, scholarship, or stipend. It amends title IV of the Higher Education Act of 1965 to reinstate the six-year statute of limitations on actions to recover on defaulted student loans. The bill prohibits collecting the amount owed on a defaulted federal student loan through: (1) offsets of social security, railroad retirement, or black lung benefits, (2) offsets of tax refunds. Or (3) wage garnishment. It amends the Internal Revenue Code to exclude from an individual's gross income: (1) discharged student loan debt, and (2) income distributions from qualified tuition plans that are used to pay the interest or principal on student loans. The bill makes parent PLUS loans eligible for income-contingent repayment plans, including the Pay As You Earn repayment plan. Additionally, it makes parent PLUS loans and consolidation loans that repay parent PLUS loans eligible for income-based repayment plans and loan forgiveness for service in areas of national need. It prohibits: (1) evidence of an individual's default on a federal student loan from being used in a federal or state proceeding involving the individual's professional or vocational license, and (2) an institution of higher education from blocking access to a student's records due to federal student loan default. Finally, the bill modifies the public service loan forgiveness program to require the Department of Education to forgive 50 of the Direct loan balance for an eligible borrower who is employed in a public service job and makes 60 monthly payments after October 1, 2015.
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Student Loan Debt Protection Act of 2015
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Student Loan Debt Protection Act of 2015". TITLE I BORROWERS' RIGHT TO BASIC CONSUMER PROTECTIONS Section 101. DISCHARGEABILITY OF STUDENT LOANS IN BANKRUPTCY CASES. Section 523(a) of title 11 of the United States Code is amended by striking paragraph (8). And by redesignating paragraphs (9) through (19) as paragraphs (8) through (18). Section 102. REINSTATEMENT OF THE 6-YEAR STATUTE OF LIMITATIONS FOR STUDENT LOANS. Subsection (a) of section 484A of the Higher Education Act of 1965 (20 USC. 1091a(a)) is amended to read as follows: Statute of Limitations. Notwithstanding any Federal or State statutory, regulatory, or administrative limitation on the period within which debts may be enforced an institution that receives funds under this title may file a suit or initiate or take another action for collection of a refund due from a student on a grant made, or work assistance awarded, under this title, during the 6-year period beginning on the day after the refund first became due. A guaranty agency that has an agreement with the Secretary under section 428(c) may file a suit or initiate or take another action for collection of the amount due from a borrower on a loan made under part B during the 6-year period beginning on the day after such guaranty agency reimburses the previous holder of the loan for its loss on account of the default of the borrower. An institution that has an agreement with the Secretary pursuant to section 487 may file a suit or initiate or take another action for collection of the amount due from a borrower on a loan made under part D or E after the default of the borrower on such loan during the 6-year period beginning on the day after the date of the default of the borrower with respect to such amount. Or the Secretary, the Attorney General, or the administrative head of another Federal agency, as the case may be, may file a suit or initiate or take another action for collection of a refund due from a student on a grant made under this title, or for the repayment of the amount due from a borrower on a loan made under this title that has been assigned to the Secretary under this title, during the 6-year period beginning on the day after the refund or the amount first became due.". Section 103. PROHIBITION OF COLLECTION OF STUDENT LOANS THROUGH CERTAIN OFFSETS OR THROUGH WAGE GARNISHMENT. Prohibition on Offset of Social Security Benefits. Section 3716(c)(3)(A) of title 31, United States Code, is amended in clause (i), by striking "except as provided in clause (ii)" and inserting "except as provided in clauses and (iii)". And by adding at the end the following new clause: Notwithstanding clause (i), any payments due to an individual under Federal benefits programs cited under clause (i) shall not be subject to offset under this subsection if the offset is for payments certified by the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 .". Prohibition on Offset of Tax Refund. Section 3720A(a) of title 31, United States Code, is amended by striking "Any Federal agency" and inserting "(1) Except as provided in paragraph (2), any Federal agency". And by adding at the end the following new paragraph: Any past-due legally enforceable debt owed by an individual to the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 shall not be subject to notification under paragraph (1), and any refund of Federal taxes paid by the individual shall not be subject to reduction under subsection (c) for such debt.". Prohibition on Wage Garnishment. Section 3720D(a) of title 31, United States Code, is amended by striking "Notwithstanding" and inserting: "(1) Except as provided in paragraph (2) and notwithstanding". And by adding at the end the following new paragraph: Any delinquent nontax debt owed by an individual to the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 shall not be subject to collection under this section through garnishment of disposable pay of the individual.". TITLE II BORROWER'S RIGHT TO REASONABLE AND FLEXIBLE REPAYMENT OPTIONS Section 201. EXCLUSION FROM GROSS INCOME FOR DISCHARGE OF STUDENT LOAN INDEBTEDNESS. In General. Paragraph (1) of section 108(f) of the Internal Revenue Code of 1986 is amended by striking "if such discharge" and all that follows and inserting a period. Student Loans. Paragraph (2) of section 108(f) of such Code is amended by striking "made by " and all that follows and inserting the following: ". Such term includes indebtedness used to refinance indebtedness which qualifies as a student loan under the preceding sentence.". Conforming Amendments. Section 108(f) of such Code is amended by striking paragraphs (3) and (4). Effective Date. The amendments made by this section shall apply to discharges of indebtedness after the date of the enactment of this Act. Section 202. 529 PLAN DISTRIBUTION FOR STUDENT LOAN PAYMENTS. In General. Subparagraph (A) of section 529(e)(3) of the Internal Revenue Code of 1986 is amended by striking clause (iii) and inserting the following new clause: interest or principal paid with respect to a qualified education loan with respect to a designated beneficiary.". Conforming Amendments. Section 529(e)(3)(A) of such Code is amended by striking the second sentence. Section 72(t)(7)(A) of such Code is amended by inserting "determined without regard to subparagraph (A)(iii) thereof" after "section 529(e)(3)". Section 530(b)(2)(A)(i) of such Code is amended by inserting "determined without regard to subparagraph (A)(iii) thereof" after "section 529(e)(3)". Effective Date. The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. Section 203. INCLUSION OF PARENT PLUS LOANS IN REPAYMENT PROGRAMS. Income Contingent Repayment Plan. Section 455(d)(1)(D) of the Higher Education Act of 1965 (20 USC. 1087e(d)(1)(D)) is amended by striking ", except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS loan made on behalf of a dependent student. ". Income-Based Repayment. Section 493c. Section 493C of the Higher Education Act of 1965 is amended in subsection (a) by striking "this section" and all that follows through "hardship" and inserting "In this section, the term `partial financial hardship"', and by striking "", in subsection (b) in paragraph (1), by striking "", and in paragraph (6)(A), by striking "". And in subsection (c), by striking ",". Section 455(d)(1)(E). Section 455(d)(1)(E) of such Act (20 USC. 1087e(d)(1)(D)) is amended by striking ", except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS Loan made on behalf of a dependent student or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on such Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student". Pay As You Earn. The income-contingent repayment plan implemented in parts 674, 682, and 685 of title 34, Code of Federal Regulations, as amended by the final regulations published by the Department of Education in the Federal Register on November 1, 2012 , shall be available to borrowers of a Federal Direct PLUS loan made on behalf of a dependent student. And a Federal Direct Consolidation Loan, the proceeds of which were used to discharge the liability on a Federal Direct PLUS Loan under part D of title IV of the Higher Education Act of 1965 or a loan under section 428B of such Act made, insured, or guaranteed on behalf of a dependent student. Loan Forgiveness for Service in Areas of National Need. Section 428K(a)(2) of such Act (20 USC. 1078-11(a)(2)) is amended in subparagraph (A), by striking "(other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a)))". And in subparagraph (B), by striking "". Other Repayment Plans. Any plan for the repayment of loans made under title IV of the Higher Education Act of 1965 , which is finalized by the Secretary of Education on or after the date of enactment of this Act, shall include the repayment of a loan under section 428B of the Higher Education Act of 1965, or a Federal Direct PLUS Loan under part D of title IV of such Act, that is made, insured, or guaranteed on behalf of a dependent student. TITLE III BORROWERS' RIGHT TO A MEANINGFUL DEGREE Section 301. PROHIBITION ON SUSPENSIONS OF PROFESSIONAL LICENSES FOR LOAN DEFAULT. No evidence of an individual's default on the repayment of a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 may be admitted into evidence in a Federal or State proceeding involving the individual's professional or vocational license. Section 302. PROHIBITION ON LOSS OF ACCESS TO TRANSCRIPTS FOR LOAN DEFAULT. Section 487(a) of the Higher Education Act of 1965 (20 USC. 1094(a)) is further amended by adding at the end the following new paragraph: (A) The institution will not prohibit a student from accessing the student's transcripts, degree scrolls, or other certifications of coursework or educational attainments at the institution because the student is in default on the repayment of a loan made, insured, or guaranteed under this title. For purposes of this paragraph, the term `student' includes former students.". TITLE IV RIGHT TO EFFECTIVE LOAN CANCELLATION FOR BORROWERS ENGAGED IN PUBLIC SERVICE CAREERS Section 401. EXTENSION OF LOAN CANCELLATION FOR BORROWERS EMPLOYED IN PUBLIC SERVICE JOBS FOR 5 YEARS. Section 455(m) of the Higher Education Act of 1965 (20 USC. 1087e(m)) is amended by redesignating paragraphs (3) and (4) as paragraphs and (5), respectively. And by inserting after paragraph (2), the following: Additional loan cancellation for certain borrowers. In general. The Secretary shall after the conclusion of the employment period described in subparagraph (ii) for an eligible borrower, cancel the obligation to repay 10 percent of the balance of interest and principal due, as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. And after the loan cancellation under clause (i), carry out such loan cancellation for each year in which the borrower makes 12 monthly payments on the eligible Federal Direct Loans pursuant to any one or a combination of the repayment plans described in subclauses (I) through (IV) of subparagraph (B)(i) and is employed in a public service job during the period in which the borrower makes each of such payments, except that once the borrower is eligible for the loan cancellation under paragraph (2) the Secretary shall carry out the loan cancellation under paragraph (2) in lieu of the loan cancellation under this clause. Eligible borrower. In this paragraph, an eligible borrower is a borrower who has made 60 monthly payments on the eligible Federal Direct Loan after October 1, 2015, pursuant to any one or a combination of the following payments under an income- based repayment plan under section 493C. Payments under a standard repayment plan under subsection (1)(A), based on a 10-year repayment period. Monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (1)(A), based on a 10-year repayment period. Or payments under an income contingent repayment plan under subsection (d)(1)(D). And has been employed in a public service job during the period in which the borrower makes each of the 60 payments described in clause (i).".
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Student Loan Debt Protection Act of 2015 This bill amends the federal bankruptcy code to permit a borrower to discharge in bankruptcy a nonprofit, government, or private student loan, or an obligation to repay an educational benefit, scholarship, or stipend. It amends title IV of the Higher Education Act of 1965 to reinstate the six-year statute of limitations on actions to recover on defaulted student loans. The bill prohibits collecting the amount owed on a defaulted federal student loan through: (1) offsets of social security, railroad retirement, or black lung benefits, (2) offsets of tax refunds. Or (3) wage garnishment. It amends the Internal Revenue Code to exclude from an individual's gross income: (1) discharged student loan debt, and (2) income distributions from qualified tuition plans that are used to pay the interest or principal on student loans. The bill makes parent PLUS loans eligible for income-contingent repayment plans, including the Pay As You Earn repayment plan. Additionally, it makes parent PLUS loans and consolidation loans that repay parent PLUS loans eligible for income-based repayment plans and loan forgiveness for service in areas of national need. It prohibits: (1) evidence of an individual's default on a federal student loan from being used in a federal or state proceeding involving the individual's professional or vocational license, and (2) an institution of higher education from blocking access to a student's records due to federal student loan default. Finally, the bill modifies the public service loan forgiveness program to require the Department of Education to forgive 50 of the Direct loan balance for an eligible borrower who is employed in a public service job and makes 60 monthly payments after October 1, 2015.
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Student Loan Debt Protection Act of 2015
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104_hr2059
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a balanced civil space program is a critical element of
the Nation's investment in research and development that needs
to be maintained even as the United States reduces its deficit;
(2) the National Aeronautics and Space Administration will
require predictable and adequate funding over the next 5 years
in order to carry out a balanced program of initiatives in
human space flight and science, aeronautics, and technology;
(3) international cooperation can play a major role in
leveraging American investments in space exploration and
utilization and should be encouraged; and
(4) the National Aeronautics and Space Administration
should continue its efforts to reduce institutional costs,
through management restructuring, facility consolidation when
appropriate, procurement reform, personnel base downsizing, and
convergence with other defense and private sector systems.
SEC. 3. DEFINITION.
For purposes of this Act, the term ``Administrator'' means the
Administrator of the National Aeronautics and Space Administration.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Subtitle A--Authorizations
SEC. 101. HUMAN SPACE FLIGHT.
(a) Authorizations.--There are authorized to be appropriated to the
National Aeronautics and Space Administration for fiscal year 1996 for
Human Space Flight the following amounts:
(1) For the Space Station, $1,833,600,000.
(2) For Russian Cooperation, $129,200,000.
(3) For the Space Shuttle, $3,171,800,000.
(4) For Payload and Utilization Operations, $315,000,000.
(b) Construction of Facilities.--(1) Of the funds authorized to be
appropriated under subsection (a)(1), $14,800,000 are authorized for
construction of a Neutral Buoyancy Laboratory, Johnson Space Center.
The Administrator is authorized to exercise an option to purchase, for
not more than $35,000,000, the Clear Lake Development Facility,
containing the Sonny Carter Training Facility and the approximately
13.7 acre parcel of land on which it is located, using funds authorized
by this Act.
(2) Of the funds authorized to be appropriated under subsection
(a)(3), $7,500,000 are authorized for replacement of the Chemical
Analysis Facility, Kennedy Space Center.
(3) Of the funds authorized to be appropriated under subsection
(a)(3), $4,900,000 are authorized for replacement of the Space Shuttle
Main Engine Processing Facility, Kennedy Space Center.
(4) Of the funds authorized to be appropriated under subsection
(a)(3), $5,000,000 are authorized for modernization of the Firex
System, Pads A and B, Kennedy Space Center.
SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.
(a) Authorizations.--There are authorized to be appropriated to the
National Aeronautics and Space Administration for fiscal year 1996 for
Science, Aeronautics, and Technology the following amounts:
(1) For Space Science, $1,972,400,000, of which--
(A) $1,154,600,000 are authorized for Physics and
Astronomy, including $7,000,000 for the Space Infrared
Telescope Facility, $28,700,000 for the Stratospheric
Observatory for Infrared Astronomy, and $51,500,000 for
the Gravity Probe B Relativity Mission; and
(B) $817,800,000 are authorized for Planetary
Exploration, including $20,000,000 for the New
Millenium program.
(2) For Life and Microgravity Sciences and Applications,
$504,000,000.
(3) For Mission to Planet Earth, $1,287,460,000.
(4) For Space Access and Technology, $557,300,000, of
which--
(A) $59,000,000 are authorized for the Reusable
Launch Vehicle technology development program, and, to
the extent provided in appropriations Acts, the
Administrator may utilize up to $100,000,000 from funds
otherwise provided to the Department of Defense for the
Reusable Launch Vehicle;
(B) $140,500,000 are authorized for Spacecraft and
Remote Sensing; and
(C) $22,600,000 are authorized for the Small
Spacecraft Technology Initiative.
(5) For Aeronautical Research and Technology, $877,300,000,
of which--
(A) $354,700,000 are authorized for Research and
Technology Base activities;
(B) $240,500,000 are authorized for High Speed
Research;
(C) $163,400,000 are authorized for Advanced
Subsonic Technology; and
(D) $65,200,000 are authorized for High Performance
Computing and Communications.
(6) For Mission Communication Services, $461,300,000.
(7) For Academic Programs, $102,200,000.
(b) Construction of Facilities.--(1) Of the funds authorized to be
appropriated under subsection (a)(2), $3,000,000 are authorized for the
construction of an addition to the Microgravity Development Laboratory,
Marshall Space Flight Center.
(2) Of the funds authorized to be appropriated under subsection
(a)(3), $17,000,000 are authorized for construction of Earth Systems
Science Building, Goddard Space Flight Center.
(3) Of the funds authorized to be appropriated under subsection
(a)(5), $5,400,000 are authorized for modernization of the Unitary Plan
Wind Tunnel Complex, Ames Research Center.
SEC. 103. MISSION SUPPORT.
There are authorized to be appropriated to the National Aeronautics
and Space Administration for fiscal year 1996 for Mission Support the
following amounts:
(1) For Safety, Reliability, and Quality Assurance,
$37,600,000.
(2) For Space Communications Services, $299,400,000, of
which $175,800,000 are authorized for the Tracking and Data
Relay Satellite Replenishment program.
(3) For Research and Program Management, including
personnel and related costs, travel, and research operations
support, $2,094,800.
(4) For Construction of Facilities, including land
acquisition, $166,400,000, of which--
(A) $6,300,000 are authorized for restoration of
Flight Systems Research Laboratory, Ames Research
Center;
(B) $3,000,000 are authorized for restoration of
Chilled Water Distribution System, Goddard Space Flight
Center;
(C) $4,800,000 are authorized for replacement of
Chillers, various buildings, Jet Propulsion Laboratory;
(D) $1,100,000 are authorized for rehabilitation of
Electrical Distribution System, White Sands Test
Facility, Johnson Space Center;
(E) $4,200,000 are authorized for replacement of
Main Substation Switchgear and Circuit Breakers,
Johnson Space Center;
(F) $1,800,000 are authorized for replacement of
15KV Load Break Switches, Kennedy Space Center;
(G) $9,000,000 are authorized for rehabilitation of
Central Air Equipment Building, Lewis Research Center;
(H) $4,700,000 are authorized for restoration of
High Pressure Air Compressor System, Marshall Space
Flight Center;
(I) $6,800,000 are authorized for restoration of
Information and Electronic Systems Laboratory, Marshall
Space Flight Center;
(J) $1,400,000 are authorized for restoration of
Canal Lock, Stennis Space Center;
(K) $2,500,000 are authorized for restoration of
Primary Electrical Distribution System, Wallops Flight
Facility;
(L) $35,000,000 are authorized for repair of
facilities at various locations, not in excess of
$1,500,000 per project;
(M) $35,000,000 are authorized for rehabilitation
and modification of facilities at various locations,
not in excess of $1,500,000 per project;
(N) $3,800,000 are authorized for minor
construction of new facilities and additions to
existing facilities at various locations, not in excess
of $1,500,000 per project;
(O) $10,000,000 are authorized for facility
planning and design; and
(P) $37,000,000 are authorized for environmental
compliance and restoration.
SEC. 104. INSPECTOR GENERAL.
There are authorized to be appropriated to the National Aeronautics
and Space Administration for fiscal year 1996 for Inspector General,
$17,300,000.
SEC. 105. TOTAL CONSTRUCTION OF FACILITIES AUTHORIZATION.
Notwithstanding any other provision of this title, the total amount
authorized to be appropriated under this Act for Construction of
Facilities shall not exceed $214,000,000.
Subtitle B--Limitations and Special Authority
SEC. 111. USE OF FUNDS FOR CONSTRUCTION.
(a) Authorized Uses.--Funds appropriated under sections 101(a),
102(a), and 103 (1) and (2), and funds appropriated for research
operations support under section 103(3), may be used for the
construction of new facilities and additions to, repair of,
rehabilitation of, or modification of existing facilities at any
location in support of the purposes for which such funds are
authorized.
(b) Limitation.--None of the funds used pursuant to subsection (a)
may be expended for a project, the estimated cost of which to the
National Aeronautics and Space Administration, including collateral
equipment, exceeds $500,000, until 30 days have passed after the
Administrator has notified the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of the nature, location, and estimated
cost to the National Aeronautics and Space Administration of such
project.
(c) Title to Facilities.--If funds are used pursuant to subsection
(a) for grants to institutions of higher education, or to nonprofit
organizations whose primary purpose is the conduct of scientific
research, for purchase or construction of additional research
facilities, title to
such facilities shall be vested in the United States unless the
Administrator determines that the national program of aeronautical and
space activities will best be served by vesting title in the grantee
institution or organization. Each such grant shall be made under such
conditions as the Administrator shall determine to be required to
ensure that the United States will receive therefrom the benefits
adequate to justify the making of that grant.
SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appropriations
authorized under subtitle A may remain available without fiscal year
limitation.
SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.
Appropriations authorized under section 101(b), 102(b), or 103(4)--
(1) may be varied upward by 10 percent at the discretion of
the Administrator; or
(2) may be varied upward by 25 percent, to meet unusual
cost variations, after the expiration of 30 days following a
report on the circumstances of such action by the Administrator
to the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate.
The aggregate amount authorized to be appropriated under sections
101(b), 102(b), and 103(4) shall not be increased as a result of
actions authorized under paragraphs (1) and (2) of this section.
SEC. 114. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of this Act--
(1) no amount appropriated to the National Aeronautics and
Space Administration may be used for any program for which the
President's annual budget request included a request for
funding, but for which the Congress denied or did not provide
funding;
(2) no amount appropriated to the National Aeronautics and
Space Administration may be used for any program in excess of
the amount actually authorized for the particular program by
subtitle A; and
(3) no amount appropriated to the National Aeronautics and
Space Administration may be used for any program which has not
been presented to the Congress in the President's annual budget
request or the supporting and ancillary documents thereto,
unless a period of 30 days has passed after the receipt by the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate of notice given
by the Administrator containing a full and complete statement of the
action proposed to be taken and the facts and circumstances relied upon
in support of such proposed action. The National Aeronautics and Space
Administration shall keep the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate fully and currently informed with respect
to all activities and responsibilities within the jurisdiction of those
committees. Except as otherwise provided by law, any Federal
department, agency, or independent establishment shall furnish any
information requested by either committee relating to any such activity
or responsibility.
SEC. 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY
EXPENSES.
Funds appropriated under section 102 may be used, but not to exceed
$35,000, for scientific consultations or extraordinary expenses upon
the authorization of the Administrator.
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. PURCHASE OF AIRBORNE INFRARED ASTRONOMY DATA SERVICES.
(a) Contract for Services.--The Administrator is authorized to
enter into multiyear contracts for the purchase of services to provide
infrared astronomical data by airborne platforms. Such contracts may
provide for the acquisition of aircraft, instruments, support
equipment, and any capital items necessary to meet Government needs,
and further, the costs of such items may be amortized over the life of
the contract.
(b) Termination Liability.--Any contract entered into pursuant to
this section may provide for the payment of contingent liability that
may accrue in the event that the Federal Government for its convenience
terminates such contracts. Payments made for such liability shall be
derived from appropriations for Science, Aeronautics, and Technology
which remain unobligated from any fiscal year.
(c) Calculation of Transactions.--For the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985, the Congressional
Budget Act of 1974, the Budget Enforcement Act of 1990, and
scorekeeping guidelines, the Office of Management and Budget and the
Congressional Budget Office shall score any contract entered into under
this section in the same manner as if the contract had been entered
into on September 30, 1990.
SEC. 202. FACILITIES CLOSING COMMISSION.
(a) Establishment.--In the event that the total amount of funds
appropriated to the National Aeronautics and Space Administration for
fiscal year 1996 is less than the amount authorized to be appropriated
to the National Aeronautics and Space Administration in this Act, there
shall be established an independent commission to be known as the
National Aeronautics and Space Administration Facilities Commission
(hereafter referred to in this section as the ``Commission''). The
Commission shall be constituted and conduct its activities in
accordance with a plan provided to Congress by the President within 90
days after the date of the enactment of the Act making such
appropriations.
(b) Purpose.--The purpose of the Commission shall be to make
recommendations for the closure or reconfiguration of National
Aeronautics and Space Administration facilities, including research and
operations Centers, resulting in cost savings for the overall budget
for such facilities.
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TABLE OF CONTENTS: Title I: Authorization of Appropriations Subtitle A: Authorizations Subtitle B: Limitations and Special Authority Title II: Miscellaneous Provisions National Aeronautics and Space Administration Authorization Act, Fiscal Year 1996 - Title I: Authorization of Appropriations - Subtitle A: Authorizations - Authorizes appropriations for the National Aeronautics and Space Administration (NASA) for: (1) human space flight, (2) science, aeronautics, and technology, including facilities construction, (3) mission support. And (4) the Inspector General. Places a ceiling on authorization of appropriations for construction. Subtitle B: Limitations and Special Authority - Sets forth fund uses and limitations. Title II: Miscellaneous Provisions - Authorizes the purchase of airborne infrared astronomy data services. States that if NASA appropriations are less than appropriations authorized under this Act, there shall be established a National Aeronautics and Space Administration Facilities Commission to recommend closure or reconfiguration of NASA facilities.
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National Aeronautics and Space Administration Authorization Act, Fiscal Year 1996
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Aeronautics and Space Administration Authorization Act, Fiscal Year 1996". <SECTION-HEADER> FINDINGS. The Congress finds that a balanced civil space program is a critical element of the Nation's investment in research and development that needs to be maintained even as the United States reduces its deficit. The National Aeronautics and Space Administration will require predictable and adequate funding over the next 5 years in order to carry out a balanced program of initiatives in human space flight and science, aeronautics, and technology. International cooperation can play a major role in leveraging American investments in space exploration and utilization and should be encouraged. And the National Aeronautics and Space Administration should continue its efforts to reduce institutional costs, through management restructuring, facility consolidation when appropriate, procurement reform, personnel base downsizing, and convergence with other defense and private sector systems. <SECTION-HEADER> DEFINITION. For purposes of this Act, the term "Administrator" means the Administrator of the National Aeronautics and Space Administration. TITLE I AUTHORIZATION OF APPROPRIATIONS Subtitle A Authorizations Section 101. HUMAN SPACE FLIGHT. Authorizations. There are authorized to be appropriated to the National Aeronautics and Space Administration for fiscal year 1996 for Human Space Flight the following amounts: For the Space Station, $1,833,600,000. For Russian Cooperation, $129,200,000. For the Space Shuttle, $3,171,800,000. For Payload and Utilization Operations, $315,000,000. Construction of Facilities. (1) Of the funds authorized to be appropriated under subsection (a)(1), $14,800,000 are authorized for construction of a Neutral Buoyancy Laboratory, Johnson Space Center. The Administrator is authorized to exercise an option to purchase, for not more than $35,000,000, the Clear Lake Development Facility, containing the Sonny Carter Training Facility and the approximately 13.7 acre parcel of land on which it is located, using funds authorized by this Act. Of the funds authorized to be appropriated under subsection (3), $7,500,000 are authorized for replacement of the Chemical Analysis Facility, Kennedy Space Center. Of the funds authorized to be appropriated under subsection (3), $4,900,000 are authorized for replacement of the Space Shuttle Main Engine Processing Facility, Kennedy Space Center. Of the funds authorized to be appropriated under subsection (3), $5,000,000 are authorized for modernization of the Firex System, Pads A and B, Kennedy Space Center. Section 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY. Authorizations. There are authorized to be appropriated to the National Aeronautics and Space Administration for fiscal year 1996 for Science, Aeronautics, and Technology the following amounts: For Space Science, $1,972,400,000, of which $1,154,600,000 are authorized for Physics and Astronomy, including $7,000,000 for the Space Infrared Telescope Facility, $28,700,000 for the Stratospheric Observatory for Infrared Astronomy, and $51,500,000 for the Gravity Probe B Relativity Mission. And $817,800,000 are authorized for Planetary Exploration, including $20,000,000 for the New Millenium program. For Life and Microgravity Sciences and Applications, $504,000,000. For Mission to Planet Earth, $1,287,460,000. For Space Access and Technology, $557,300,000, of which $59,000,000 are authorized for the Reusable Launch Vehicle technology development program, and, to the extent provided in appropriations Acts, the Administrator may utilize up to $100,000,000 from funds otherwise provided to the Department of Defense for the Reusable Launch Vehicle, $140,500,000 are authorized for Spacecraft and Remote Sensing. And $22,600,000 are authorized for the Small Spacecraft Technology Initiative. For Aeronautical Research and Technology, $877,300,000, of which $354,700,000 are authorized for Research and Technology Base activities, $240,500,000 are authorized for High Speed Research, $163,400,000 are authorized for Advanced Subsonic Technology. And $65,200,000 are authorized for High Performance Computing and Communications. For Mission Communication Services, $461,300,000. For Academic Programs, $102,200,000. Construction of Facilities. (1) Of the funds authorized to be appropriated under subsection (a)(2), $3,000,000 are authorized for the construction of an addition to the Microgravity Development Laboratory, Marshall Space Flight Center. Of the funds authorized to be appropriated under subsection (3), $17,000,000 are authorized for construction of Earth Systems Science Building, Goddard Space Flight Center. Of the funds authorized to be appropriated under subsection (5), $5,400,000 are authorized for modernization of the Unitary Plan Wind Tunnel Complex, Ames Research Center. Section 103. MISSION SUPPORT. There are authorized to be appropriated to the National Aeronautics and Space Administration for fiscal year 1996 for Mission Support the following amounts: For Safety, Reliability, and Quality Assurance, $37,600,000. For Space Communications Services, $299,400,000, of which $175,800,000 are authorized for the Tracking and Data Relay Satellite Replenishment program. For Research and Program Management, including personnel and related costs, travel, and research operations support, $2,094,800. For Construction of Facilities, including land acquisition, $166,400,000, of which $6,300,000 are authorized for restoration of Flight Systems Research Laboratory, Ames Research Center. $3,000,000 are authorized for restoration of Chilled Water Distribution System, Goddard Space Flight Center. $4,800,000 are authorized for replacement of Chillers, various buildings, Jet Propulsion Laboratory. $1,100,000 are authorized for rehabilitation of Electrical Distribution System, White Sands Test Facility, Johnson Space Center. $4,200,000 are authorized for replacement of Main Substation Switchgear and Circuit Breakers, Johnson Space Center. $1,800,000 are authorized for replacement of 15KV Load Break Switches, Kennedy Space Center. $9,000,000 are authorized for rehabilitation of Central Air Equipment Building, Lewis Research Center. $4,700,000 are authorized for restoration of High Pressure Air Compressor System, Marshall Space Flight Center. $6,800,000 are authorized for restoration of Information and Electronic Systems Laboratory, Marshall Space Flight Center. $1,400,000 are authorized for restoration of Canal Lock, Stennis Space Center. $2,500,000 are authorized for restoration of Primary Electrical Distribution System, Wallops Flight Facility. $35,000,000 are authorized for repair of facilities at various locations, not in excess of $1,500,000 per project. $35,000,000 are authorized for rehabilitation and modification of facilities at various locations, not in excess of $1,500,000 per project. $3,800,000 are authorized for minor construction of new facilities and additions to existing facilities at various locations, not in excess of $1,500,000 per project, $10,000,000 are authorized for facility planning and design. And $37,000,000 are authorized for environmental compliance and restoration. Section 104. INSPECTOR GENERAL. There are authorized to be appropriated to the National Aeronautics and Space Administration for fiscal year 1996 for Inspector General, $17,300,000. Section 105. TOTAL CONSTRUCTION OF FACILITIES AUTHORIZATION. Notwithstanding any other provision of this title, the total amount authorized to be appropriated under this Act for Construction of Facilities shall not exceed $214,000,000. Subtitle B Limitations and Special Authority Section 111. USE OF FUNDS FOR CONSTRUCTION. Authorized Uses. Funds appropriated under sections 101(a), 102(a), and 103 (1) and (2), and funds appropriated for research operations support under section 103(3), may be used for the construction of new facilities and additions to, repair of, rehabilitation of, or modification of existing facilities at any location in support of the purposes for which such funds are authorized. Limitation. None of the funds used pursuant to subsection (a) may be expended for a project, the estimated cost of which to the National Aeronautics and Space Administration, including collateral equipment, exceeds $500,000, until 30 days have passed after the Administrator has notified the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the nature, location, and estimated cost to the National Aeronautics and Space Administration of such project. Title to Facilities. If funds are used pursuant to subsection for grants to institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities, title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in the grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to ensure that the United States will receive therefrom the benefits adequate to justify the making of that grant. Section 112. AVAILABILITY OF APPROPRIATED AMOUNTS. To the extent provided in appropriations Acts, appropriations authorized under subtitle A may remain available without fiscal year limitation. Section 113. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES. Appropriations authorized under section 101(b), 102(b), or 103(4) may be varied upward by 10 percent at the discretion of the Administrator. Or may be varied upward by 25 percent, to meet unusual cost variations, after the expiration of 30 days following a report on the circumstances of such action by the Administrator to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The aggregate amount authorized to be appropriated under sections 101(b), 102(b), and 103(4) shall not be increased as a result of actions authorized under paragraphs (1) and (2) of this section. Section 114. CONSIDERATION BY COMMITTEES. Notwithstanding any other provision of this Act no amount appropriated to the National Aeronautics and Space Administration may be used for any program for which the President's annual budget request included a request for funding, but for which the Congress denied or did not provide funding. No amount appropriated to the National Aeronautics and Space Administration may be used for any program in excess of the amount actually authorized for the particular program by subtitle A. And no amount appropriated to the National Aeronautics and Space Administration may be used for any program which has not been presented to the Congress in the President's annual budget request or the supporting and ancillary documents thereto, unless a period of 30 days has passed after the receipt by the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of notice given by the Administrator containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action. The National Aeronautics and Space Administration shall keep the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate fully and currently informed with respect to all activities and responsibilities within the jurisdiction of those committees. Except as otherwise provided by law, any Federal department, agency, or independent establishment shall furnish any information requested by either committee relating to any such activity or responsibility. Section 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY EXPENSES. Funds appropriated under section 102 may be used, but not to exceed $35,000, for scientific consultations or extraordinary expenses upon the authorization of the Administrator. TITLE II MISCELLANEOUS PROVISIONS Section 201. PURCHASE OF AIRBORNE INFRARED ASTRONOMY DATA SERVICES. Contract for Services. The Administrator is authorized to enter into multiyear contracts for the purchase of services to provide infrared astronomical data by airborne platforms. Such contracts may provide for the acquisition of aircraft, instruments, support equipment, and any capital items necessary to meet Government needs, and further, the costs of such items may be amortized over the life of the contract. Termination Liability. Any contract entered into pursuant to this section may provide for the payment of contingent liability that may accrue in the event that the Federal Government for its convenience terminates such contracts. Payments made for such liability shall be derived from appropriations for Science, Aeronautics, and Technology which remain unobligated from any fiscal year. Calculation of Transactions. For the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985, the Congressional Budget Act of 1974, the Budget Enforcement Act of 1990, and scorekeeping guidelines, the Office of Management and Budget and the Congressional Budget Office shall score any contract entered into under this section in the same manner as if the contract had been entered into on September 30, 1990. Section 202. FACILITIES CLOSING COMMISSION. Establishment. In the event that the total amount of funds appropriated to the National Aeronautics and Space Administration for fiscal year 1996 is less than the amount authorized to be appropriated to the National Aeronautics and Space Administration in this Act, there shall be established an independent commission to be known as the National Aeronautics and Space Administration Facilities Commission . The Commission shall be constituted and conduct its activities in accordance with a plan provided to Congress by the President within 90 days after the date of the enactment of the Act making such appropriations. Purpose. The purpose of the Commission shall be to make recommendations for the closure or reconfiguration of National Aeronautics and Space Administration facilities, including research and operations Centers, resulting in cost savings for the overall budget for such facilities.
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TABLE OF CONTENTS: Title I: Authorization of Appropriations Subtitle A: Authorizations Subtitle B: Limitations and Special Authority Title II: Miscellaneous Provisions National Aeronautics and Space Administration Authorization Act, Fiscal Year 1996 - Title I: Authorization of Appropriations - Subtitle A: Authorizations - Authorizes appropriations for the National Aeronautics and Space Administration (NASA) for: (1) human space flight, (2) science, aeronautics, and technology, including facilities construction, (3) mission support. And (4) the Inspector General. Places a ceiling on authorization of appropriations for construction. Subtitle B: Limitations and Special Authority - Sets forth fund uses and limitations. Title II: Miscellaneous Provisions - Authorizes the purchase of airborne infrared astronomy data services. States that if NASA appropriations are less than appropriations authorized under this Act, there shall be established a National Aeronautics and Space Administration Facilities Commission to recommend closure or reconfiguration of NASA facilities.
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National Aeronautics and Space Administration Authorization Act, Fiscal Year 1996
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105_hr480
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SECTION 1. INCREASED DISCLOSURE OF DUES OF TAX-EXEMPT ORGANIZATIONS
USED FOR POLITICAL PURPOSES.
(a) Replacement of Exception Where Dues Are Generally
Nondeductible.--Section 6033(e)(3) of the Internal Revenue Code of 1986
(relating to exception where dues are generally nondeductible) is
amended to read as follows:
``(3) Exception where annual dues are small or from other
exempt organizations.--
``(A) In general.--Paragraph (1)(A) shall not apply
to an organization which establishes to the
satisfaction of the Secretary that at least 90 percent
of all annual dues or other similar amounts are
received from--
``(i) persons who each pay annual dues or
other similar amounts which are $100 or less,
or
``(ii) the following:
``(I) organizations exempt from
taxation under subtitle A other than
organizations described in paragraph
(1)(B)(i);
``(II) State and local governments;
and
``(III) entities the income from
which is exempt from taxation under
section 115.
Clause (i) shall not apply to an organization described
in section 501(c)(6).
``(B) Cost-of-living adjustment.--In the case of
taxable years beginning in a calendar year after 1997,
the $100 amount under subparagraph (A)(i) shall be
increased by an amount equal to the product of $100 and
the cost-of-living adjustment for such calendar year
under section 1(f)(3), except that subparagraph (B)
thereof shall be applied by substituting `1996' for
`1992'. If the amount of any such increase is not a
multiple of $1, such amount shall be increased to the
next highest $1.''
(b) Proxy Tax May Not Be Used To Avoid Disclosure to Members.--
(1) In general.--Section 6033(e)(2)(A) of the Internal
Revenue Code of 1986 (relating to tax imposed where
organization does not notify) is amended to read as follows:
``(A) Imposition of tax.--
``(i) In general.--If an organization fails
to include in the notices described in
paragraph (1)(A) for any taxable year the
amount allocable to expenditures to which
section 162(e)(1) applies (determined on the
basis of actual amounts rather than the
reasonable estimates under paragraph
(1)(A)(ii)), then there is hereby imposed on
such organization for such taxable year a tax
in an amount determined under clause (iii).
``(ii) Election to pay surrogate tax.--
``(I) In general.--An organization
providing the notices described in
paragraph (1)(A) for any taxable year
may elect to pay a tax for such taxable
year in the amount determined under
clause (iii).
``(II) Effect of election on
deductibility.--If an organization pays
a tax under subclause (I) for any
taxable year, paragraph (3) of section
162(e) shall not apply to the portion
of the dues or other similar amounts
paid by a taxpayer to such organization
which are allocable to the expenditures
with respect to which such organization
paid the tax under subclause (I).
``(III) Incorrect notices.--In the
case of an election under subclause
(I), an additional tax shall be imposed under clause (i) if the
estimates in the notices are less than the actual amounts.
``(iii) Amount of tax.--For purposes of
this subparagraph, the amount of tax determined
under this clause is an amount equal to the
product of the highest rate of tax imposed by
section 11 for the taxable year and--
``(I) in the case of a failure to
which clause (i) applies, the aggregate
amount not included in the notices
described in paragraph (1)(A) by reason
of such failure, or
``(II) in the case of an election
under clause (ii), the aggregate amount
included in the notices with respect to
which the election was made.''
(2) Notice requirement.--Section 6033(e)(1)(A)(ii) of such
Code (relating to reporting requirements) is amended to read as
follows:
``(ii) except as provided in paragraph (3),
shall, at the time of assessment or payment of
such dues or other similar amounts, provide
notice to each person making such payment which
contains--
``(I) a reasonable estimate of the
portion of such dues or other similar
amounts to which such expenditures are
so allocable, and
``(II) whether or not a deduction
is allowable to such person with
respect to such portion.''
(3) Penalties for failure to provide notice.--
(A) Notice accompanying dues.--Section 6710 of such
Code (relating to failure to disclose that
contributions are nondeductible) is amended--
(i) in subsection (a), by inserting ``or a
failure to meet the requirement of section
6033(e)(1)(A)(ii) by an organization to which
section 6033(e) applies'' after ``section 6113
applies''; and
(ii) in subsection (c), by inserting ``or
section 6033(e)(1)(A)(ii)'' after ``section
6013''.
(B) Annual notice.--Section 6724(d)(2) of such Code
(relating to payee statements), as amended by the Small
Business Job Protection Act of 1996 and the Health
Insurance Portability and Accountability Act of 1996,
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:
``(Z) the last sentence of section 6033(e)(1)(A).''
(4) Conforming amendments.--
(A) Section 6033(e)(2)(B) of such Code is amended
by striking ``subparagraph (A)(ii)'' and inserting
``subparagraph (A)(i)(I)''.
(B)(i) The heading for section 6710 of such Code is
amended by inserting ``or that dues are for lobbying
activities'' after ``nondeductible''.
(ii) The item relating to section 6710 in the table
of sections for part I of subchapter B of chapter 68 of
such Code is amended by inserting ``or that dues are
for lobbying activities'' after ``nondeductible''.
(c) Organizations To Which Disclosure Rules Apply.--Section
6033(e)(1)(B)(i) of the Internal Revenue Code of 1986 (relating to
organizations to which subsection applies) is amended to read as
follows:
``(i) In general.--This subsection shall
apply to any organization which is described in
paragraph (4), (5), or (6) of section 501(c)
(other than a veterans' organization) and which
is exempt from taxation under section 501(a).''
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 1996.
SEC. 2. 2-PERCENT FLOOR ON ITEMIZED DEDUCTIONS NOT TO APPLY TO
DEDUCTION FOR DUES.
(a) In General.--Section 67(b) of the Internal Revenue Code of 1986
(defining miscellaneous itemized deductions) is amended by striking
``and'' at the end of paragraph (11), by striking the period at the end
of paragraph (12) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(13) the deduction allowed under section 162 for dues or
other similar amounts paid by an individual to an organization
described in paragraph (4), (5), or (6) of section 501(c)
(other than a veterans' organization) and exempt from taxation
under section 501(a).''
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
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Amends the Internal Revenue Code to revise provisions concerning rules relating to returns of organizations engaging in lobbying activities, including requiring notice to members of tax-exempt organizations of the portion of their dues used for such activities. Excludes from the two-percent floor on miscellaneous itemized deductions rule dues for tax-exempt organizations, except for veterans' organizations.
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To amend the Internal Revenue Code of 1986 to ensure that members of tax-exempt organizations are notified of the portion of their dues used for political and lobbying activities, and for other purposes.
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<SECTION-HEADER> INCREASED DISCLOSURE OF DUES OF TAX-EXEMPT ORGANIZATIONS USED FOR POLITICAL PURPOSES. Replacement of Exception Where Dues Are Generally Nondeductible. Section 6033(e)(3) of the Internal Revenue Code of 1986 is amended to read as follows: Exception where annual dues are small or from other exempt organizations. In general. Paragraph (1)(A) shall not apply to an organization which establishes to the satisfaction of the Secretary that at least 90 percent of all annual dues or other similar amounts are received from persons who each pay annual dues or other similar amounts which are $100 or less, or the following: organizations exempt from taxation under subtitle A other than organizations described in paragraph (B)(i), State and local governments. And entities the income from which is exempt from taxation under section 115. Clause (i) shall not apply to an organization described in section 501(c)(6). Cost-of-living adjustment. In the case of taxable years beginning in a calendar year after 1997, the $100 amount under subparagraph (A)(i) shall be increased by an amount equal to the product of $100 and the cost-of-living adjustment for such calendar year under section 1(f)(3), except that subparagraph (B) thereof shall be applied by substituting `1996' for `1992'. If the amount of any such increase is not a multiple of $1, such amount shall be increased to the next highest $1." Proxy Tax May Not Be Used To Avoid Disclosure to Members. In general. Section 6033(e)(2)(A) of the Internal Revenue Code of 1986 is amended to read as follows: Imposition of tax. In general. If an organization fails to include in the notices described in paragraph (1)(A) for any taxable year the amount allocable to expenditures to which section 162(e)(1) applies (determined on the basis of actual amounts rather than the reasonable estimates under paragraph (A)(ii)), then there is hereby imposed on such organization for such taxable year a tax in an amount determined under clause (iii). Election to pay surrogate tax. In general. An organization providing the notices described in paragraph (1)(A) for any taxable year may elect to pay a tax for such taxable year in the amount determined under clause (iii). Effect of election on deductibility. If an organization pays a tax under subclause (I) for any taxable year, paragraph (3) of section 162(e) shall not apply to the portion of the dues or other similar amounts paid by a taxpayer to such organization which are allocable to the expenditures with respect to which such organization paid the tax under subclause (I). Incorrect notices. In the case of an election under subclause , an additional tax shall be imposed under clause (i) if the estimates in the notices are less than the actual amounts. Amount of tax. For purposes of this subparagraph, the amount of tax determined under this clause is an amount equal to the product of the highest rate of tax imposed by section 11 for the taxable year and in the case of a failure to which clause (i) applies, the aggregate amount not included in the notices described in paragraph (1)(A) by reason of such failure, or in the case of an election under clause (ii), the aggregate amount included in the notices with respect to which the election was made." Notice requirement. Section 6033(e)(1)(A)(ii) of such Code is amended to read as follows: except as provided in paragraph (3), shall, at the time of assessment or payment of such dues or other similar amounts, provide notice to each person making such payment which contains a reasonable estimate of the portion of such dues or other similar amounts to which such expenditures are so allocable, and whether or not a deduction is allowable to such person with respect to such portion." Penalties for failure to provide notice. Notice accompanying dues. Section 6710 of such Code is amended in subsection (a), by inserting "or a failure to meet the requirement of section 6033(e)(1)(A)(ii) by an organization to which section 6033(e) applies" after "section 6113 applies". And in subsection (c), by inserting "or section 6033(e)(1)(A)(ii)" after "section 6013". Annual notice. Section 6724(d)(2) of such Code , as amended by the Small Business Job Protection Act of 1996 and the Health Insurance Portability and Accountability Act of 1996, 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: the last sentence of section 6033(e)(1)(A)." Conforming amendments. Section 6033(e)(2)(B) of such Code is amended by striking "subparagraph (A)(ii)" and inserting "subparagraph (A)(i)(I)". (i) The heading for section 6710 of such Code is amended by inserting "or that dues are for lobbying activities" after "nondeductible". The item relating to section 6710 in the table of sections for part I of subchapter B of chapter 68 of such Code is amended by inserting "or that dues are for lobbying activities" after "nondeductible". Organizations To Which Disclosure Rules Apply. Section 6033(e)(1)(B)(i) of the Internal Revenue Code of 1986 is amended to read as follows: In general. This subsection shall apply to any organization which is described in paragraph (4), (5), or (6) of section 501(c) and which is exempt from taxation under section 501(a)." Effective Date. The amendments made by this section shall apply to amounts paid or incurred after December 31, 1996. <SECTION-HEADER> 2-PERCENT FLOOR ON ITEMIZED DEDUCTIONS NOT TO APPLY TO DEDUCTION FOR DUES. In General. Section 67(b) of the Internal Revenue Code of 1986 is amended by striking "and" at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ", and", and by adding at the end the following new paragraph: the deduction allowed under section 162 for dues or other similar amounts paid by an individual to an organization described in paragraph (4), (5), or (6) of section 501(c) and exempt from taxation under section 501(a)." Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 1996.
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Amends the Internal Revenue Code to revise provisions concerning rules relating to returns of organizations engaging in lobbying activities, including requiring notice to members of tax-exempt organizations of the portion of their dues used for such activities. Excludes from the two-percent floor on miscellaneous itemized deductions rule dues for tax-exempt organizations, except for veterans' organizations.
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To amend the Internal Revenue Code of 1986 to ensure that members of tax-exempt organizations are notified of the portion of their dues used for political and lobbying activities, and for other purposes.
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107_s2956
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Gathering Act of
2002''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to require the Secretary of Homeland Security, for the
first 5 years after the date of enactment of the National
Homeland Security and Combating Terrorism Act of 2002, to
submit a semi-annual report to Congress on--
(A) the specific policies and procedures governing
the sharing of law enforcement, intelligence, and other
information relating to threats of terrorism against
the United States and other threats to homeland
security within the Federal government, including the
Federal Bureau of Investigation, and between the
Federal Government, State and local governments, local
law enforcement, and intelligence agencies;
(B) the specific policies and procedures for the
tasking of information between the Department of
Homeland Security and other agencies of the Federal
Government, including the Federal Bureau of
Investigation, and between the Federal Government,
State and local governments, local law enforcement, and
intelligence agencies; and
(C) the nature of law enforcement information the
Department of Homeland Security has received from the
Federal Bureau of Investigation and State and local law
enforcement agencies;
(2) to provide relevant information to Congress to assist
in determining if the sharing of intelligence between the
Department of Homeland Security and the Federal Bureau of
Investigation is working efficiently and effectively; and
(3) to enable Congress to accurately determine if the
Department of Homeland Security is working effectively with the
Federal, State, and local law enforcement agencies so that an
accurate and useful exchange of information occurs between the
Department of Homeland Security and such agencies.
SEC. 3. INFORMATION ANALYSIS REPORT.
(a) In General.--The Department of Homeland Security (in this
section referred to as the ``Department'') shall study the issues under
subsection (b) and submit a report of such study to Congress not less
than every 6 months during the 5 years following the enactment of the
National Homeland Security and Combating Terrorism Act of 2002, without
disclosing the actual substance of any information relating to national
security.
(b) Issues To Be Studied.--The report under subsection (a) shall
include--
(1) the policies and procedures developed by the
Department--
(A) to obtain relevant information from the Federal
Government (including the Federal Bureau of
Investigation) and State and local law enforcement
agencies;
(B) to request follow-up information and
investigation from such entities; and
(C) for sharing information with other Federal,
State, and local government agencies;
(2) the specific rules and practices developed between the
Department and other Federal, State, and local government
agencies;
(3) the nature and type of information--
(A) shared with Federal, State, and local
government agencies; and
(B) related to law enforcement, intelligence, and
homeland security that was received by the Department
during the relevant reporting period, including
reports, documents, summaries, tapes, and photographs;
(4) a list of the agencies that have received information
under paragraph (3)(A), including whether the information was
provided by the Department upon the request of such agency;
(5) a summary of the items received by the Department from
the Federal Bureau of Investigation, including--
(A) individual witness grand jury transcripts;
(B) notes of witness interviews
(C) wire-tap applications;
(D) wire-tap transcripts (including actual tapes);
(E) search warrant applications;
(F) search warrants;
(G) photographs;
(H) videos;
(I) computer disks;
(J) summary reports; and
(K) any other relevant items;
(6) the nature of the follow-up requests made by the
Department--
(A) for information and intelligence from the
Federal Bureau of Investigation;
(B) for raw intelligence data from the Federal
Bureau of Investigation; and
(C) that required additional investigation by the
Federal Bureau of Investigation;
(7) the nature of each follow-up request made by the
Department to the Federal Bureau of Investigation, including
whether the request related to a witness interview, subpoena
information, surveillance, or undercover work;
(8) the efforts that have been made by the Department and
the Federal Bureau of Investigation to improve
interdepartmental communication, including the development of
computer programs to facilitate electronic communication
between the Department and the Federal Bureau of Investigation;
(9) the general nature of investigations conducted by
analysts of the Department and any similar analyses performed
by the Federal Bureau of Investigation; and
(10) the identification of the method of transmission of
all information provided to the Department, whether transmitted
by mail, computer, or messenger.
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Intelligence Gathering Act of 2002 - Requires the Department of Homeland Security to study and report to Congress on the following issues semi-annually for five years following enactment of the National Homeland Security and Combating Terrorism Act of 2002: (1) Department policies and procedures for obtaining and sharing relevant information from the Federal Government and State and local law enforcement agencies. (2) rules and practices developed between the Department and other Federal, State, and local government agencies. (3) the nature and type of information shared and related to law enforcement, intelligence, and homeland security, (4) agencies that have received such information. (5) a summary of specified items, such as wire-tap transcripts and search warrants, received from the Federal Bureau of Investigation (FBI). (6) the nature of information follow-up requests made by the Department, (7) the nature of follow-up requests made to the FBI. (8) efforts made by the Department and the FBI to improve interdepartmental communication. (9) the general nature of investigations conducted by Department analysts and similar analyses performed by the FBI. And (10) the method of transmission of all information provided to the Department.
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A bill to require the Secretary of Homeland Security to submit a semi-annual report to Congress regarding the effectiveness with which information is exchanged between the Department of Homeland Security, the Federal Bureau of Investigation, and State and local law enforcement authorities.
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Intelligence Gathering Act of 2002". <SECTION-HEADER> PURPOSES. The purposes of this Act are to require the Secretary of Homeland Security, for the first 5 years after the date of enactment of the National Homeland Security and Combating Terrorism Act of 2002, to submit a semi-annual report to Congress on the specific policies and procedures governing the sharing of law enforcement, intelligence, and other information relating to threats of terrorism against the United States and other threats to homeland security within the Federal government, including the Federal Bureau of Investigation, and between the Federal Government, State and local governments, local law enforcement, and intelligence agencies. The specific policies and procedures for the tasking of information between the Department of Homeland Security and other agencies of the Federal Government, including the Federal Bureau of Investigation, and between the Federal Government, State and local governments, local law enforcement, and intelligence agencies. And the nature of law enforcement information the Department of Homeland Security has received from the Federal Bureau of Investigation and State and local law enforcement agencies. To provide relevant information to Congress to assist in determining if the sharing of intelligence between the Department of Homeland Security and the Federal Bureau of Investigation is working efficiently and effectively. And to enable Congress to accurately determine if the Department of Homeland Security is working effectively with the Federal, State, and local law enforcement agencies so that an accurate and useful exchange of information occurs between the Department of Homeland Security and such agencies. <SECTION-HEADER> INFORMATION ANALYSIS REPORT. In General. The Department of Homeland Security shall study the issues under subsection (b) and submit a report of such study to Congress not less than every 6 months during the 5 years following the enactment of the National Homeland Security and Combating Terrorism Act of 2002, without disclosing the actual substance of any information relating to national security. Issues To Be Studied. The report under subsection (a) shall include the policies and procedures developed by the Department to obtain relevant information from the Federal Government and State and local law enforcement agencies, to request follow-up information and investigation from such entities. And for sharing information with other Federal, State, and local government agencies. The specific rules and practices developed between the Department and other Federal, State, and local government agencies. The nature and type of information shared with Federal, State, and local government agencies. And related to law enforcement, intelligence, and homeland security that was received by the Department during the relevant reporting period, including reports, documents, summaries, tapes, and photographs. A list of the agencies that have received information under paragraph (3)(A), including whether the information was provided by the Department upon the request of such agency. A summary of the items received by the Department from the Federal Bureau of Investigation, including individual witness grand jury transcripts, notes of witness interviews wire-tap applications, wire-tap transcripts, search warrant applications, search warrants, photographs, videos, computer disks, summary reports, and any other relevant items. The nature of the follow-up requests made by the Department for information and intelligence from the Federal Bureau of Investigation, for raw intelligence data from the Federal Bureau of Investigation. And that required additional investigation by the Federal Bureau of Investigation. The nature of each follow-up request made by the Department to the Federal Bureau of Investigation, including whether the request related to a witness interview, subpoena information, surveillance, or undercover work. The efforts that have been made by the Department and the Federal Bureau of Investigation to improve interdepartmental communication, including the development of computer programs to facilitate electronic communication between the Department and the Federal Bureau of Investigation. The general nature of investigations conducted by analysts of the Department and any similar analyses performed by the Federal Bureau of Investigation. And the identification of the method of transmission of all information provided to the Department, whether transmitted by mail, computer, or messenger.
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Intelligence Gathering Act of 2002 - Requires the Department of Homeland Security to study and report to Congress on the following issues semi-annually for five years following enactment of the National Homeland Security and Combating Terrorism Act of 2002: (1) Department policies and procedures for obtaining and sharing relevant information from the Federal Government and State and local law enforcement agencies. (2) rules and practices developed between the Department and other Federal, State, and local government agencies. (3) the nature and type of information shared and related to law enforcement, intelligence, and homeland security, (4) agencies that have received such information. (5) a summary of specified items, such as wire-tap transcripts and search warrants, received from the Federal Bureau of Investigation (FBI). (6) the nature of information follow-up requests made by the Department, (7) the nature of follow-up requests made to the FBI. (8) efforts made by the Department and the FBI to improve interdepartmental communication. (9) the general nature of investigations conducted by Department analysts and similar analyses performed by the FBI. And (10) the method of transmission of all information provided to the Department.
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A bill to require the Secretary of Homeland Security to submit a semi-annual report to Congress regarding the effectiveness with which information is exchanged between the Department of Homeland Security, the Federal Bureau of Investigation, and State and local law enforcement authorities.
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107_s71
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydroelectric Licensing Process
Improvement Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) hydroelectric power is an irreplaceable source of
clean, economic, renewable energy with the unique capability of
supporting reliable electric service while maintaining
environmental quality;
(2) hydroelectric power is the leading renewable energy
resource of the United States;
(3) hydroelectric power projects provide multiple benefits
to the United States, including recreation, irrigation, flood
control, water supply, and fish and wildlife benefits;
(4) in the next 15 years, the bulk of all non-Federal
hydroelectric power capacity in the United States is due to be
relicensed by the Federal Energy Regulatory Commission;
(5) the process of licensing hydroelectric projects by the
Commission--
(A) does not produce optimal decisions, because the
agencies that participate in the process are not
required to consider the full effects of their
mandatory and recommended conditions on a license;
(B) is inefficient, in part because agencies do not
always submit their mandatory and recommended
conditions by a time certain;
(C) is burdened by uncoordinated environmental
reviews and duplicative permitting authority; and
(D) is burdensome for all participants and too
often results in litigation; and
(6) while the alternative licensing procedures available to
applicants for hydroelectric project licenses provide important
opportunities for the collaborative resolution of many of the
issues in hydroelectric project licensing, those procedures are
not appropriate in every case and cannot substitute for
statutory reforms of the hydroelectric licensing process.
SEC. 3. PURPOSE.
The purpose of this Act is to achieve the objective of relicensing
hydroelectric power projects to maintain high environmental standards
while preserving low cost power by--
(1) requiring agencies to consider the full effects of
their mandatory and recommended conditions on a hydroelectric
power license and to document the consideration of a broad
range of factors;
(2) requiring the Federal Energy Regulatory Commission to
impose deadlines by which Federal agencies must submit proposed
mandatory and recommended conditions to a license; and
(3) making other improvements in the licensing process.
SEC. 4. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO
LICENSES.
(a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a et
seq.) is amended by adding at the end the following:
``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS
TO LICENSES.
``(a) Definitions.--In this section:
``(1) Condition.--The term `condition' means--
``(A) a condition to a license for a project on a
Federal reservation determined by a consulting agency
for the purpose of the first proviso of section 4(e);
and
``(B) a prescription relating to the construction,
maintenance, or operation of a fishway determined by a
consulting agency for the purpose of the first sentence
of section 18.
``(2) Consulting agency.--The term `consulting agency'
means--
``(A) in relation to a condition described in
paragraph (1)(A), the Federal agency with
responsibility for supervising the reservation; and
``(B) in relation to a condition described in
paragraph (1)(B), the Secretary of the Interior or the
Secretary of Commerce, as appropriate.
``(b) Factors To Be Considered.--
``(1) In general.--In determining a condition, a consulting
agency shall take into consideration--
``(A) the impacts of the condition on--
``(i) economic and power values;
``(ii) electric generation capacity and
system reliability;
``(iii) air quality (including
consideration of the impacts on greenhouse gas
emissions); and
``(iv) drinking, flood control, irrigation,
navigation, or recreation water supply;
``(B) compatibility with other conditions to be
included in the license, including mandatory conditions
of other agencies, when available; and
``(C) means to ensure that the condition addresses
only direct project environmental impacts, and does so
at the lowest project cost.
``(2) Documentation.--
``(A) In general.--In the course of the
consideration of factors under paragraph (1) and before
any review under subsection (e), a consulting agency
shall create written documentation detailing, among
other pertinent matters, all proposals made, comments
received, facts considered, and analyses made regarding
each of those factors sufficient to demonstrate that
each of the factors was given full consideration in
determining the condition to be submitted to the
Commission.
``(B) Submission to the commission.--A consulting
agency shall include the documentation under
subparagraph (A) in its submission of a condition to
the Commission.
``(c) Scientific Review.--
``(1) In general.--Each condition determined by a
consulting agency shall be subjected to appropriately
substantiated scientific review.
``(2) Data.--For the purpose of paragraph (1), a condition
shall be considered to have been subjected to appropriately
substantiated scientific review if the review--
``(A) was based on current empirical data or field-
tested data; and
``(B) was subjected to peer review.
``(d) Relationship to Impacts on Federal Reservation.--In the case
of a condition for the purpose of the first proviso of section 4(e),
each condition determined by a consulting agency shall be directly and
reasonably related to the impacts of the project within the Federal
reservation.
``(e) Administrative Review.--
``(1) Opportunity for review.--Before submitting to the
Commission a proposed condition, and at least 90 days before a
license applicant is required to file a license application
with the Commission, a consulting agency shall provide the
proposed condition to the license applicant and offer the
license applicant an opportunity to obtain expedited review
before an administrative law judge or other independent
reviewing body of--
``(A) the reasonableness of the proposed condition
in light of the effect that implementation of the
condition will have on the energy and economic values
of a project; and
``(B) compliance by the consulting agency with the
requirements of this section, including the requirement
to consider the factors described in subsection (b)(1).
``(2) Completion of review.--
``(A) In general.--A review under paragraph (1)
shall be completed not more than 180 days after the
license applicant notifies the consulting agency of the
request for review.
``(B) Failure to make timely completion of
review.--If review of a proposed condition is not
completed within the time specified by subparagraph
(A), the Commission may treat a condition submitted by
the consulting agency as a recommendation is treated
under section 10(j).
``(3) Remand.--If the administrative law judge or reviewing
body finds that a proposed condition is unreasonable or that
the consulting agency failed to comply with any of the
requirements of this section, the administrative law judge or
reviewing body shall--
``(A) render a decision that--
``(i) explains the reasons for a finding
that the condition is unreasonable and may make
recommendations that the administrative law
judge or reviewing body may have for the
formulation of a condition that would not be
found unreasonable; or
``(ii) explains the reasons for a finding
that a requirement was not met and may describe
any action that the consulting agency should
take to meet the requirement; and
``(B) remand the matter to the consulting agency
for further action.
``(4) Submission to the commission.--Following
administrative review under this subsection, a consulting
agency shall--
``(A) take such action as is necessary to--
``(i) withdraw the condition;
``(ii) formulate a condition that follows
the recommendation of the administrative law
judge or reviewing body; or
``(iii) otherwise comply with this section;
and
``(B) include with its submission to the Commission
of a proposed condition--
``(i) the record on administrative review;
and
``(ii) documentation of any action taken
following administrative review.
``(f) Submission of Final Condition.--
``(1) In general.--After an applicant files with the
Commission an application for a license, the Commission shall
set a date by which a consulting agency shall submit to the
Commission a final condition.
``(2) Limitation.--Except as provided in paragraph (3), the
date for submission of a final condition shall be not later
than 1 year after the date on which the Commission gives the
consulting agency notice that a license application is ready
for environmental review.
``(3) Default.--If a consulting agency does not submit a
final condition to a license by the date set under paragraph
(1)--
``(A) the consulting agency shall not thereafter
have authority to recommend or establish a condition to
the license; and
``(B) the Commission may, but shall not be required
to, recommend or establish an appropriate condition to
the license that--
``(i) furthers the interest sought to be
protected by the provision of law that
authorizes the consulting agency to propose or
establish a condition to the license; and
``(ii) conforms to the requirements of this
Act.
``(4) Extension.--The Commission may make 1 extension, of
not more than 30 days, of a deadline set under paragraph (1).
``(g) Analysis by the Commission.--
``(1) Economic analysis.--The Commission shall conduct an
economic analysis of each condition submitted by a consulting
agency to determine whether the condition would render the
project uneconomic.
``(2) Consistency with this section.--In exercising
authority under section 10(j)(2), the Commission shall consider
whether any recommendation submitted under section 10(j)(1) is
consistent with the purposes and requirements of subsections
(b) and (c) of this section.
``(h) Commission Determination on Effect of Conditions.--When
requested by a license applicant in a request for rehearing, the
Commission shall make a written determination on whether a condition
submitted by a consulting agency--
``(1) is in the public interest, as measured by the impact
of the condition on the factors described in subsection (b)(1);
``(2) was subjected to scientific review in accordance with
subsection (c);
``(3) relates to direct project impacts within the
reservation, in the case of a condition for the first proviso
of section 4(e);
``(4) is reasonable;
``(5) is supported by substantial evidence; and
``(6) is consistent with this Act and other terms and
conditions to be included in the license.''.
(b) Conforming and Technical Amendments.--
(1) Section 4.--Section 4(e) of the Federal Power Act (16
U.S.C. 797(e)) is amended--
(A) in the first proviso of the first sentence by
inserting after ``conditions'' the following: ``,
determined in accordance with section 32,''; and
(B) in the last sentence, by striking the period
and inserting ``(including consideration of the impacts
on greenhouse gas emissions)''.
(2) Section 18.--Section 18 of the Federal Power Act (16
U.S.C. 811) is amended in the first sentence by striking
``prescribed by the Secretary of Commerce'' and inserting
``prescribed, in accordance with section 32, by the Secretary
of the Interior or the Secretary of Commerce, as appropriate''.
SEC. 5. COORDINATED ENVIRONMENTAL REVIEW PROCESS.
Part I of the Federal Power Act (16 U.S.C. 791a et seq.) (as
amended by section 4) is amended by adding at the end the following:
``SEC. 33. COORDINATED ENVIRONMENTAL REVIEW
PROCESS.
``(a) Lead Agency Responsibility.--The Commission, as the lead
agency for environmental reviews under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects licensed under
this part, shall conduct a single consolidated environmental review--
``(1) for each such project; or
``(2) if appropriate, for multiple projects located in the
same area.
``(b) Consulting Agencies.--In connection with the formulation of a
condition in accordance with section 32, a consulting agency shall not
perform any environmental review in addition to any environmental
review performed by the Commission in connection with the action to
which the condition relates.
``(c) Deadlines.--
``(1) In general.--The Commission shall set a deadline for
the submission of comments by Federal, State, and local
government agencies in connection with the preparation of any
environmental impact statement or environmental assessment
required for a project.
``(2) Considerations.--In setting a deadline under
paragraph (1), the Commission shall take into consideration--
``(A) the need of the license applicant for a
prompt and reasonable decision;
``(B) the resources of interested Federal, State,
and local government agencies; and
``(C) applicable statutory requirements.''.
SEC. 6. STUDY OF SMALL HYDROELECTRIC PROJECTS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Federal Energy Regulatory Commission shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Commerce of the House of Representatives a study
of the feasibility of establishing a separate licensing procedure for
small hydroelectric projects.
(b) Definition of Small Hydroelectric Project.--The Commission may
by regulation define the term ``small hydroelectric project'' for the
purpose of subsection (a), except that the term shall include at a
minimum a hydroelectric project that has a generating capacity of 5
megawatts or less.
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Hydroelectric Licensing Process Improvement Act of 2001- Amends the Federal Power Act to prescribe mandatory factors for consideration and documentation by Federal agency participants in the Federal Energy Regulatory Commission (FERC) hydroelectric license renewal process when setting forth renewal prerequisites, including the economic impact, and the means to ensure that such prerequisites address only direct project environmental impacts at the lowest project cost. Mandates that each condition be subjected to scientific peer review. Requires a consulting agency to provide a license applicant an opportunity to obtain expedited administrative review of its proposed conditions before filing a FERC application. Empowers the reviewing body to remand the matter to such agency upon finding that the agency's conditions are inconsistent with this Act. Sets a one-year deadline by which a consulting agency must file its proposed licensing conditions with FERC. Directs FERC to: (1) conduct an economic analysis of each condition submitted by a consulting agency to determine whether it would render the project uneconomic. (2) conduct a single consolidated environmental review for each licensed project. And (3) consider the need of license applicants for a prompt decision when setting a deadline for the submission of comments by governmental agencies regarding environmental impact statements or assessments. Directs FERC to study and report to certain congressional committees on the feasibility of establishing a separate licensing procedure for small hydroelectric projects with a generating capacity of five megawatts or less.
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A bill to amend the Federal Power Act to improve the hydroelectric licensing process by granting the Federal Energy Regulatory Commission statutory authority to better coordinate participation by other agencies and entities, and for other purposes.
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| 1,639
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Hydroelectric Licensing Process Improvement Act of 2001". <SECTION-HEADER> FINDINGS. Congress finds that hydroelectric power is an irreplaceable source of clean, economic, renewable energy with the unique capability of supporting reliable electric service while maintaining environmental quality. Hydroelectric power is the leading renewable energy resource of the United States. Hydroelectric power projects provide multiple benefits to the United States, including recreation, irrigation, flood control, water supply, and fish and wildlife benefits. In the next 15 years, the bulk of all non-Federal hydroelectric power capacity in the United States is due to be relicensed by the Federal Energy Regulatory Commission. The process of licensing hydroelectric projects by the Commission does not produce optimal decisions, because the agencies that participate in the process are not required to consider the full effects of their mandatory and recommended conditions on a license. Is inefficient, in part because agencies do not always submit their mandatory and recommended conditions by a time certain, is burdened by uncoordinated environmental reviews and duplicative permitting authority. And is burdensome for all participants and too often results in litigation. And while the alternative licensing procedures available to applicants for hydroelectric project licenses provide important opportunities for the collaborative resolution of many of the issues in hydroelectric project licensing, those procedures are not appropriate in every case and cannot substitute for statutory reforms of the hydroelectric licensing process. <SECTION-HEADER> PURPOSE. The purpose of this Act is to achieve the objective of relicensing hydroelectric power projects to maintain high environmental standards while preserving low cost power by requiring agencies to consider the full effects of their mandatory and recommended conditions on a hydroelectric power license and to document the consideration of a broad range of factors. Requiring the Federal Energy Regulatory Commission to impose deadlines by which Federal agencies must submit proposed mandatory and recommended conditions to a license. And making other improvements in the licensing process. <SECTION-HEADER> PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. In General. Part I of the Federal Power Act is amended by adding at the end the following: "Section 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO LICENSES. Definitions. In this section: Condition. The term `condition' means a condition to a license for a project on a Federal reservation determined by a consulting agency for the purpose of the first proviso of section 4(e). And a prescription relating to the construction, maintenance, or operation of a fishway determined by a consulting agency for the purpose of the first sentence of section 18. Consulting agency. The term `consulting agency' means in relation to a condition described in paragraph (1)(A), the Federal agency with responsibility for supervising the reservation. And in relation to a condition described in paragraph (1)(B), the Secretary of the Interior or the Secretary of Commerce, as appropriate. Factors To Be Considered. In general. In determining a condition, a consulting agency shall take into consideration the impacts of the condition on economic and power values, electric generation capacity and system reliability, air quality, and drinking, flood control, irrigation, navigation, or recreation water supply. Compatibility with other conditions to be included in the license, including mandatory conditions of other agencies, when available. And means to ensure that the condition addresses only direct project environmental impacts, and does so at the lowest project cost. Documentation. In general. In the course of the consideration of factors under paragraph (1) and before any review under subsection (e), a consulting agency shall create written documentation detailing, among other pertinent matters, all proposals made, comments received, facts considered, and analyses made regarding each of those factors sufficient to demonstrate that each of the factors was given full consideration in determining the condition to be submitted to the Commission. Submission to the commission. A consulting agency shall include the documentation under subparagraph (A) in its submission of a condition to the Commission. Scientific Review. In general. Each condition determined by a consulting agency shall be subjected to appropriately substantiated scientific review. Data. For the purpose of paragraph (1), a condition shall be considered to have been subjected to appropriately substantiated scientific review if the review was based on current empirical data or field- tested data. And was subjected to peer review. Relationship to Impacts on Federal Reservation. In the case of a condition for the purpose of the first proviso of section 4(e), each condition determined by a consulting agency shall be directly and reasonably related to the impacts of the project within the Federal reservation. Administrative Review. Opportunity for review. Before submitting to the Commission a proposed condition, and at least 90 days before a license applicant is required to file a license application with the Commission, a consulting agency shall provide the proposed condition to the license applicant and offer the license applicant an opportunity to obtain expedited review before an administrative law judge or other independent reviewing body of the reasonableness of the proposed condition in light of the effect that implementation of the condition will have on the energy and economic values of a project. And compliance by the consulting agency with the requirements of this section, including the requirement to consider the factors described in subsection (b)(1). Completion of review. In general. A review under paragraph (1) shall be completed not more than 180 days after the license applicant notifies the consulting agency of the request for review. Failure to make timely completion of review. If review of a proposed condition is not completed within the time specified by subparagraph , the Commission may treat a condition submitted by the consulting agency as a recommendation is treated under section 10(j). Remand. If the administrative law judge or reviewing body finds that a proposed condition is unreasonable or that the consulting agency failed to comply with any of the requirements of this section, the administrative law judge or reviewing body shall render a decision that explains the reasons for a finding that the condition is unreasonable and may make recommendations that the administrative law judge or reviewing body may have for the formulation of a condition that would not be found unreasonable. Or explains the reasons for a finding that a requirement was not met and may describe any action that the consulting agency should take to meet the requirement. And remand the matter to the consulting agency for further action. Submission to the commission. Following administrative review under this subsection, a consulting agency shall take such action as is necessary to withdraw the condition. Formulate a condition that follows the recommendation of the administrative law judge or reviewing body, or otherwise comply with this section. And include with its submission to the Commission of a proposed condition the record on administrative review. And documentation of any action taken following administrative review. Submission of Final Condition. In general. After an applicant files with the Commission an application for a license, the Commission shall set a date by which a consulting agency shall submit to the Commission a final condition. Limitation. Except as provided in paragraph (3), the date for submission of a final condition shall be not later than 1 year after the date on which the Commission gives the consulting agency notice that a license application is ready for environmental review. Default. If a consulting agency does not submit a final condition to a license by the date set under paragraph the consulting agency shall not thereafter have authority to recommend or establish a condition to the license. And the Commission may, but shall not be required to, recommend or establish an appropriate condition to the license that furthers the interest sought to be protected by the provision of law that authorizes the consulting agency to propose or establish a condition to the license. And conforms to the requirements of this Act. Extension. The Commission may make 1 extension, of not more than 30 days, of a deadline set under paragraph (1). Analysis by the Commission. Economic analysis. The Commission shall conduct an economic analysis of each condition submitted by a consulting agency to determine whether the condition would render the project uneconomic. Consistency with this section. In exercising authority under section 10(j)(2), the Commission shall consider whether any recommendation submitted under section 10(j)(1) is consistent with the purposes and requirements of subsections and (c) of this section. Commission Determination on Effect of Conditions. When requested by a license applicant in a request for rehearing, the Commission shall make a written determination on whether a condition submitted by a consulting agency is in the public interest, as measured by the impact of the condition on the factors described in subsection (b)(1), was subjected to scientific review in accordance with subsection (c). Relates to direct project impacts within the reservation, in the case of a condition for the first proviso of section 4(e), is reasonable, is supported by substantial evidence. And is consistent with this Act and other terms and conditions to be included in the license.". Conforming and Technical Amendments. Section 4. Section 4(e) of the Federal Power Act (16 USC. 797(e)) is amended in the first proviso of the first sentence by inserting after "conditions" the following: ", determined in accordance with section 32,". And in the last sentence, by striking the period and inserting "". Section 18. Section 18 of the Federal Power Act is amended in the first sentence by striking "prescribed by the Secretary of Commerce" and inserting "prescribed, in accordance with section 32, by the Secretary of the Interior or the Secretary of Commerce, as appropriate". <SECTION-HEADER> COORDINATED ENVIRONMENTAL REVIEW PROCESS. Part I of the Federal Power Act is amended by adding at the end the following: "Section 33. COORDINATED ENVIRONMENTAL REVIEW PROCESS. Lead Agency Responsibility. The Commission, as the lead agency for environmental reviews under the National Environmental Policy Act of 1969 for projects licensed under this part, shall conduct a single consolidated environmental review for each such project. Or if appropriate, for multiple projects located in the same area. Consulting Agencies. In connection with the formulation of a condition in accordance with section 32, a consulting agency shall not perform any environmental review in addition to any environmental review performed by the Commission in connection with the action to which the condition relates. Deadlines. In general. The Commission shall set a deadline for the submission of comments by Federal, State, and local government agencies in connection with the preparation of any environmental impact statement or environmental assessment required for a project. Considerations. In setting a deadline under paragraph (1), the Commission shall take into consideration the need of the license applicant for a prompt and reasonable decision, the resources of interested Federal, State, and local government agencies. And applicable statutory requirements.". <SECTION-HEADER> STUDY OF SMALL HYDROELECTRIC PROJECTS. In General. Not later than 18 months after the date of enactment of this Act, the Federal Energy Regulatory Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Commerce of the House of Representatives a study of the feasibility of establishing a separate licensing procedure for small hydroelectric projects. Definition of Small Hydroelectric Project. The Commission may by regulation define the term "small hydroelectric project" for the purpose of subsection (a), except that the term shall include at a minimum a hydroelectric project that has a generating capacity of 5 megawatts or less.
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Hydroelectric Licensing Process Improvement Act of 2001- Amends the Federal Power Act to prescribe mandatory factors for consideration and documentation by Federal agency participants in the Federal Energy Regulatory Commission (FERC) hydroelectric license renewal process when setting forth renewal prerequisites, including the economic impact, and the means to ensure that such prerequisites address only direct project environmental impacts at the lowest project cost. Mandates that each condition be subjected to scientific peer review. Requires a consulting agency to provide a license applicant an opportunity to obtain expedited administrative review of its proposed conditions before filing a FERC application. Empowers the reviewing body to remand the matter to such agency upon finding that the agency's conditions are inconsistent with this Act. Sets a one-year deadline by which a consulting agency must file its proposed licensing conditions with FERC. Directs FERC to: (1) conduct an economic analysis of each condition submitted by a consulting agency to determine whether it would render the project uneconomic. (2) conduct a single consolidated environmental review for each licensed project. And (3) consider the need of license applicants for a prompt decision when setting a deadline for the submission of comments by governmental agencies regarding environmental impact statements or assessments. Directs FERC to study and report to certain congressional committees on the feasibility of establishing a separate licensing procedure for small hydroelectric projects with a generating capacity of five megawatts or less.
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A bill to amend the Federal Power Act to improve the hydroelectric licensing process by granting the Federal Energy Regulatory Commission statutory authority to better coordinate participation by other agencies and entities, and for other purposes.
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111_hr1887
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Commission on Women Act
of 2009''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Presidential
Commission on Women'' (hereinafter in this Act referred to as the
``Commission'').
SEC. 3. FINDINGS AND POLICY.
Congress makes the following findings and statement of policy:
(1) It is the role of Government to examine the
circumstances that contribute to discrimination, inequality,
and economic hardship faced by women throughout the country.
(2) It is the role of Government to establish initiatives
and programs that promote equality for women, and protect
against discrimination of women, in all areas of public and
private life.
(3) Women in our country continue to face inequalities and
discrimination in many areas of public and private life,
including but not limited to these examples:
(A) The United States ranks 71st in the world in
the number of women in elected office. In 2009, women
make up 17 percent of Congress and 24 percent of State
legislative office-holders. Women of color make up 4
percent of Congress and 2 percent of State legislative
office-holders.
(B) Women earn 77 cents on the dollar compared to
men. African-American women earn 69 cents on the dollar
compared to men. Latinas earn 59 cents compared to men.
(C) Of workers earning minimum wage, 68 percent are
women. Of workers earning less than the minimum wage,
69 percent are women. Nineteen percent of women, as
compared to 10 percent of men, have annual family
incomes of less than $19,000. Of Fortune 500 CEOs, 2
percent are women.
(D) With only 76 percent of women in the labor
force, the United States ranks sixth from the bottom
among industrialized nations. Among college-educated
women, the United States ranks last among
industrialized nations.
(E) While 57 percent of men are employed full-time,
only 38 percent of women are employed full-time. Eight
out of ten single-parent families are headed by women;
28 percent of people living in female-headed households
are living below the poverty line.
(F) There is a continuing decline in mothers'
employment largely due to a lack of support for working
parents, such as sufficient paid time off, subsidized
child care, or flexible working arrangements. There is
also discrimination in the labor market specifically
against mothers as well as weakness on the demand side
of the labor market in areas that have traditionally
employed large numbers of women.
(G) One in every four women will experience
domestic violence in her lifetime. Eighty-five percent
of domestic violence victims are women. The cost of
intimate partner violence exceeds $5.8 billion each
year, $4.1 billion of which is for direct medical and
mental health services.
(H) Eighteen percent of women in the United States
do not have health insurance; 36 percent of American
Indian/Native Alaskan women are uninsured; 38 percent
of Hispanic women do not have health insurance.
(I) Women of color are disproportionately affected
by the inequalities women face.
(J) Gender bias and discrimination remain pervasive
in almost all aspects of our culture, including but not
limited to the media, family life, the workplace,
sports, education, health care, the military,
entertainment, and financial matters.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Review Required.--The Commission shall hold meetings and
hearings to--
(1) review the status of women nationwide, and the progress
made since the establishment of the President's Commission on
the Status of Women in 1961;
(2) review the role of the Federal Government in aid to,
and the promotion of women; and
(3) review data collection procedures with regard to women
Federal initiatives and procurement, with a view toward
recommending improvements.
(b) Conference.--The Commission shall, in coordination with the
White House Council on Women and Girls, hold a conference (hereinafter
in this Act referred to as the Conference) to assist in the review
required by subsection (a).
(c) Recommendations Required.--Based on the review required by
subsection (a), the Commission shall make recommendations to the
President and Congress and conduct oversight of implementation.
SEC. 5. MEMBERSHIP.
(a) In General.--The Commission shall be composed of 15 members
appointed as follows:
(1) Four members appointed by the President.
(2) Three members appointed by the Speaker of the House of
Representatives and two members appointed by the minority
leader.
(3) Three members appointed by the majority leader of the
Senate and two members appointed by the minority leader.
(4) The director of the White House Council on Women and
Girls, who shall serve ex officio.
(b) Qualifications.--Appointments under subsection paragraphs (1)
through (3) of subsection (a) shall be made from individuals who are
specially qualified to serve on the Commission by virtue of their
education, training, or experience, and who are not officers or
employees of the Government or Members of Congress.
(c) Requirement for Appointment of Young Women.--Of the individuals
appointed by President under paragraph (1), the Speaker of the House of
Representatives under paragraph (2), and the majority leader of the
Senate under paragraph (3) of subsection (a), at least one member
appointed under each paragraph shall be a young woman between the ages
of 18-24.
(d) Geographical Balance.--In making the appointments under
subsection (a), the appointing authorities should give consideration to
achieving a geographical balance.
(e) Term.--Members shall be appointed for 5 years of the
Commission, except that, if any member of the Commission becomes an
officer or employee of the Federal Government or a Member of Congress,
such individual may continue as a member of the Commission for not
longer than the 30-day period beginning on the date such individual
becomes such an officer or employee or Member of Congress.
(f) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(g) Pay.--Members of the Commission shall serve without pay, except
members of the Commission shall be entitled to reimbursement for
travel, subsistence, and other necessary expenses incurred by them in
carrying out the functions of the Commission, in the same manner as
persons employed intermittently in the Federal Government are allowed
expenses under section 5703 of title 5, United States Code.
(h) Quorum.--Eight members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(i) Chairperson and Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be designated by the President. The
term of office of the Chairperson and Vice Chairperson shall be 5 years
of the Commission.
(j) Meetings.--The Commission shall meet not less than 4 times nor
more than 6 times each year. Meetings shall be at the call of a
majority of its members.
SEC. 6. DIRECTOR AND STAFF OF THE COMMISSION.
(a) Director and Staff.--(1) The Commission shall have a Director
who shall be appointed by the Commission. The Commission, with the
recommendation of the Director, may appoint and fix the pay of 4
additional personnel.
(2) The Director and staff of the Commission may be appointed
without regard to section 5311(b) of title 5, United States Code, and
without regard to the provisions of such title 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 such title
relating to classification and General Schedule pay rates, except that
no individual so appointed may receive pay in excess of the annual rate
of basic pay payable for GS-18 of the General Schedule.
(b) Services.--The Commission may procure temporary and
intermittent services under section 3109(b) of title 5 of the Unites
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable for GS-18 of
the General Schedule.
(c) Details.--Upon request of the Commission, the head of any
department or agency may detail, on a reimbursable basis, any of the
personnel of such agency to the Commission to assist the Commission in
carrying out its duties under this Act.
SEC. 7. POWERS OF THE COMMISSION.
(a) In General.--The Commission may, for the purpose of carrying
out this Act, hold such hearings, sit and act at such times and places,
take such testimony, and receive such evidence, as the Commission
considers appropriate.
(b) Delegation.--Any member or agent of the Commission may, if so
authorized by the Commission, take any action which the Commission is
authorized to take by this section.
(c) Access to Information.--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 such department or agency shall furnish such
information to the Commission.
(d) Use of 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.
(e) Administrative Support.--The Administrator of General Services
shall provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request.
SEC. 8. CONFERENCE AND CONFERENCE DELEGATES.
The Commission in coordination with the White House Council on
Women and Girls shall convene a conference of delegates invited by the
Commission, who shall be fairly balanced and diverse in terms of
geography and ethnicity without regard to political affiliation or past
partisan activity, who shall include--
(1) the directors of commissions for women of the States
and local levels of government;
(2) elected officials of State and local governments;
(3) advocates for women at colleges and universities; and
(4) representatives of nonprofit organizations and
community-based organizations.
SEC. 9. CONFERENCE ADMINISTRATION.
(a) Administration.--In conducting and planning the Conference, the
Commission and the White House Council on Women and Girls shall--
(1) request the cooperation and assistance of the heads of
such other Federal entities as may be appropriate, including
the detailing of personnel;
(2) prepare and make available appropriate background
materials for the use of delegates to the Conference;
(3) employ such personnel, in addition to those appointed
under section 6 and without regard to provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to chapter 51 and subchapter III of
chapter 53 of such title, relating to classification and
General Schedule pay rates;
(4) ensure that the proposed agenda for the Conference is--
(A) published in the Federal Register not less than
180 days before the Conference is convened; and
(B) made available for public comment for a period
of not less than 60 days;
(5) ensure that the final agenda for the Conference,
prepared after the Commission and the White House Council on
Women and Girls takes into consideration comments received
under paragraph (4), is published in the Federal Register, and
transmitted to the chief executive officers of the States, not
later than 30 days after the close of the public comment period
required by that paragraph;
(6) ensure that the personnel employed are fairly balanced
in terms of their points of view with respect to women and are
appointed without regard to political affiliation or past
partisan activity;
(7) the recommendations of the Conference are not
inappropriately influenced by any public official or special
interest, but instead are the result of the independent and
collective judgment of the delegates of the Conference; and
(8) ensure that before the Conference is convened--
(A) current and adequate statistical data
(including decennial census data) and other information
on the well-being of Women in the United States; and
(B) such information as may be necessary to
evaluate Federal programs and policies relating to
Women; which the Commission may obtain by making grants
to or entering into agreements with, public agencies or
nonprofit organizations, are readily available in
advance of the Conference to the delegates.
SEC. 10. REPORTS.
The Commission shall transmit to the President and to Congress a
first report no later than 2 years after the date of the Commission's
first meeting. That report shall include a statement of the
Commission's objectives and goals for the remainder of the Commission's
work. Thereafter the Commission shall report annually. Each of those
annual reports shall contain a statement of any findings and
conclusions of the Commission, together with its recommendations for
such legislation and administrative actions as it considers
appropriate.
SEC. 11. DEFINITION.
In this Act, the term ``State'' means any of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated
$2,000,000.00 to carry out this Act in each of fiscal years 2011
through 2015.
(b) Limitation on Appropriations.--Authority provided in this Act
to make expenditures or to enter into contracts under which the United
States is obligated to make outlays shall be effective only to the
extent that amounts are provided, and only to the extent of the amounts
provided, in advance in appropriations Acts.
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Presidential Commission on Women Act of 2009 - Establishes the Presidential Commission on Women to: (1) review the status of women nationwide. (2) review the role of the federal government in aid to, and the promotion of, women. (3) review data collection procedures with regard to women federal initiatives and procurement, and (4) hold a conference to assist in those reviews.
|
To establish a Presidential Commission on Women, and for other purposes.
| 15,596
| 378
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Presidential Commission on Women Act of 2009". <SECTION-HEADER> ESTABLISHMENT. There is established a commission to be known as the "Presidential Commission on Women" . <SECTION-HEADER> FINDINGS AND POLICY. Congress makes the following findings and statement of policy: It is the role of Government to examine the circumstances that contribute to discrimination, inequality, and economic hardship faced by women throughout the country. It is the role of Government to establish initiatives and programs that promote equality for women, and protect against discrimination of women, in all areas of public and private life. Women in our country continue to face inequalities and discrimination in many areas of public and private life, including but not limited to these examples: The United States ranks 71st in the world in the number of women in elected office. In 2009, women make up 17 percent of Congress and 24 percent of State legislative office-holders. Women of color make up 4 percent of Congress and 2 percent of State legislative office-holders. Women earn 77 cents on the dollar compared to men. African-American women earn 69 cents on the dollar compared to men. Latinas earn 59 cents compared to men. Of workers earning minimum wage, 68 percent are women. Of workers earning less than the minimum wage, 69 percent are women. Nineteen percent of women, as compared to 10 percent of men, have annual family incomes of less than $19,000. Of Fortune 500 CEOs, 2 percent are women. With only 76 percent of women in the labor force, the United States ranks sixth from the bottom among industrialized nations. Among college-educated women, the United States ranks last among industrialized nations. While 57 percent of men are employed full-time, only 38 percent of women are employed full-time. Eight out of ten single-parent families are headed by women. 28 percent of people living in female-headed households are living below the poverty line. There is a continuing decline in mothers' employment largely due to a lack of support for working parents, such as sufficient paid time off, subsidized child care, or flexible working arrangements. There is also discrimination in the labor market specifically against mothers as well as weakness on the demand side of the labor market in areas that have traditionally employed large numbers of women. One in every four women will experience domestic violence in her lifetime. Eighty-five percent of domestic violence victims are women. The cost of intimate partner violence exceeds $5.8 billion each year, $4.1 billion of which is for direct medical and mental health services. Eighteen percent of women in the United States do not have health insurance, 36 percent of American IndianNative Alaskan women are uninsured. 38 percent of Hispanic women do not have health insurance. Women of color are disproportionately affected by the inequalities women face. Gender bias and discrimination remain pervasive in almost all aspects of our culture, including but not limited to the media, family life, the workplace, sports, education, health care, the military, entertainment, and financial matters. <SECTION-HEADER> DUTIES OF THE COMMISSION. Review Required. The Commission shall hold meetings and hearings to review the status of women nationwide, and the progress made since the establishment of the President's Commission on the Status of Women in 1961. Review the role of the Federal Government in aid to, and the promotion of women. And review data collection procedures with regard to women Federal initiatives and procurement, with a view toward recommending improvements. Conference. The Commission shall, in coordination with the White House Council on Women and Girls, hold a conference to assist in the review required by subsection (a). Recommendations Required. Based on the review required by subsection (a), the Commission shall make recommendations to the President and Congress and conduct oversight of implementation. <SECTION-HEADER> MEMBERSHIP. In General. The Commission shall be composed of 15 members appointed as follows: Four members appointed by the President. Three members appointed by the Speaker of the House of Representatives and two members appointed by the minority leader. Three members appointed by the majority leader of the Senate and two members appointed by the minority leader. The director of the White House Council on Women and Girls, who shall serve ex officio. Qualifications. Appointments under subsection paragraphs (1) through (3) of subsection (a) shall be made from individuals who are specially qualified to serve on the Commission by virtue of their education, training, or experience, and who are not officers or employees of the Government or Members of Congress. Requirement for Appointment of Young Women. Of the individuals appointed by President under paragraph (1), the Speaker of the House of Representatives under paragraph (2), and the majority leader of the Senate under paragraph (3) of subsection (a), at least one member appointed under each paragraph shall be a young woman between the ages of 18-24. Geographical Balance. In making the appointments under subsection (a), the appointing authorities should give consideration to achieving a geographical balance. Term. Members shall be appointed for 5 years of the Commission, except that, if any member of the Commission becomes an officer or employee of the Federal Government or a Member of Congress, such individual may continue as a member of the Commission for not longer than the 30-day period beginning on the date such individual becomes such an officer or employee or Member of Congress. Vacancies. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Pay. Members of the Commission shall serve without pay, except members of the Commission shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Commission, in the same manner as persons employed intermittently in the Federal Government are allowed expenses under section 5703 of title 5, United States Code. Quorum. Eight members of the Commission shall constitute a quorum but a lesser number may hold hearings. Chairperson and Vice Chairperson. The Chairperson and Vice Chairperson of the Commission shall be designated by the President. The term of office of the Chairperson and Vice Chairperson shall be 5 years of the Commission. Meetings. The Commission shall meet not less than 4 times nor more than 6 times each year. Meetings shall be at the call of a majority of its members. <SECTION-HEADER> DIRECTOR AND STAFF OF THE COMMISSION. Director and Staff. (1) The Commission shall have a Director who shall be appointed by the Commission. The Commission, with the recommendation of the Director, may appoint and fix the pay of 4 additional personnel. The Director and staff of the Commission may be appointed without regard to section 5311(b) of title 5, United States Code, and without regard to the provisions of such title 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 such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS-18 of the General Schedule. Services. The Commission may procure temporary and intermittent services under section 3109(b) of title 5 of the Unites States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-18 of the General Schedule. Details. Upon request of the Commission, the head of any department or agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. <SECTION-HEADER> POWERS OF THE COMMISSION. In General. The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. Delegation. Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section. Access to Information. 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 such department or agency shall furnish such information to the Commission. Use of 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. Administrative Support. The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. <SECTION-HEADER> CONFERENCE AND CONFERENCE DELEGATES. The Commission in coordination with the White House Council on Women and Girls shall convene a conference of delegates invited by the Commission, who shall be fairly balanced and diverse in terms of geography and ethnicity without regard to political affiliation or past partisan activity, who shall include the directors of commissions for women of the States and local levels of government, elected officials of State and local governments, advocates for women at colleges and universities. And representatives of nonprofit organizations and community-based organizations. <SECTION-HEADER> CONFERENCE ADMINISTRATION. Administration. In conducting and planning the Conference, the Commission and the White House Council on Women and Girls shall request the cooperation and assistance of the heads of such other Federal entities as may be appropriate, including the detailing of personnel. Prepare and make available appropriate background materials for the use of delegates to the Conference. Employ such personnel, in addition to those appointed under section 6 and without regard to provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. Ensure that the proposed agenda for the Conference is published in the Federal Register not less than 180 days before the Conference is convened. And made available for public comment for a period of not less than 60 days. Ensure that the final agenda for the Conference, prepared after the Commission and the White House Council on Women and Girls takes into consideration comments received under paragraph (4), is published in the Federal Register, and transmitted to the chief executive officers of the States, not later than 30 days after the close of the public comment period required by that paragraph. Ensure that the personnel employed are fairly balanced in terms of their points of view with respect to women and are appointed without regard to political affiliation or past partisan activity. The recommendations of the Conference are not inappropriately influenced by any public official or special interest, but instead are the result of the independent and collective judgment of the delegates of the Conference. And ensure that before the Conference is convened current and adequate statistical data and other information on the well-being of Women in the United States. And such information as may be necessary to evaluate Federal programs and policies relating to Women. Which the Commission may obtain by making grants to or entering into agreements with, public agencies or nonprofit organizations, are readily available in advance of the Conference to the delegates. <SECTION-HEADER> REPORTS. The Commission shall transmit to the President and to Congress a first report no later than 2 years after the date of the Commission's first meeting. That report shall include a statement of the Commission's objectives and goals for the remainder of the Commission's work. Thereafter the Commission shall report annually. Each of those annual reports shall contain a statement of any findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. <SECTION-HEADER> DEFINITION. In this Act, the term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. In General. There is authorized to be appropriated $2,000,000.00 to carry out this Act in each of fiscal years 2011 through 2015. Limitation on Appropriations. Authority provided in this Act to make expenditures or to enter into contracts under which the United States is obligated to make outlays shall be effective only to the extent that amounts are provided, and only to the extent of the amounts provided, in advance in appropriations Acts.
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Presidential Commission on Women Act of 2009 - Establishes the Presidential Commission on Women to: (1) review the status of women nationwide. (2) review the role of the federal government in aid to, and the promotion of, women. (3) review data collection procedures with regard to women federal initiatives and procurement, and (4) hold a conference to assist in those reviews.
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To establish a Presidential Commission on Women, and for other purposes.
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107_hr3677
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding America's Retirement
Act of 2002''.
SEC. 2. NEW PROTECTIONS UNDER ERISA FIDUCIARY RULES FOR PARTICIPANTS
AND BENEFICIARIES UNDER 401(K) PLANS.
Section 404(a)(2) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1104(a)(2)) is amended--
(1) by striking ``In the case'' and inserting ``(A) Subject
to subparagraph (B), in the case''; and
(2) by adding at the end the following new subparagraph:
``(B)(i) In the case of any individual account plan which includes
a qualified cash or deferred arrangement (as defined in section 401(k)
of the Internal Revenue Code of 1986)--
``(I) the requirements of clauses (ii), (iii), (iv), and
(v) shall be met in connection with such plan, and
``(II) subparagraph (A) shall apply in connection with the
plan for any plan year only if the plan, as in effect for such
plan year, provides for compliance with such requirements.
``(ii) The requirements of this clause are met in connection with a
plan described in clause (i) only if, under the plan, assets
attributable to employee contributions are invested in employer
securities only to the extent elected by the employee.
``(iii) The requirements of this clause are met in connection with
a plan described in clause (i) only if, under the plan--
``(I) in the case of a participant who has not completed 3
years of participation (as defined in section 204(b)(4)) under
the plan, not more than 20 percent of the participant's accrued
benefit derived from employee contributions may be invested in
employer securities, and
``(II) in the case of a participant who has completed 3
years of participation (as so defined) under the plan, not more
than 20 percent of the participant's entire nonforfeitable
accrued benefit may be invested in employer securities
``(iv) The requirements of this clause are met in connection with a
plan described in clause (i) only if, under the plan, a participant or
beneficiary whose nonforfeitable accrued benefit attributable to
employee contributions is invested in whole or in part in employer
securities is periodically given a reasonable opportunity (on at least
a quarterly basis) to invest such accrued benefit in investment
vehicles, other than employer securities, selected so as to permit
diversification as described in paragraph (1)(C) with respect to such
accrued benefit.
``(v)(I) The requirements of this clause are met in connection with
a plan described in clause (i) only if, under the plan, no lockdown may
be imposed by the plan sponsor, administrator, or any other fiduciary
in connection with the nonforfeitable accrued benefit of a participant
or beneficiary.
``(II) For purposes of this clause, the term `lockdown' means any
temporary lockdown, blackout, or freeze with respect to, suspension of,
or similar limitation on any opportunity otherwise generally available
to a participant or beneficiary under the plan to transfer some or all
of the nonforfeitable accrued benefit of the participant or beneficiary
from investment in the form of employer securities to another
investment vehicle otherwise available under the plan. Such term does
not include any reasonable restriction on the frequency of transfers
between investment vehicles established in accordance with clause
(iv).''.
SEC. 3. ENFORCEMENT OF NEW FIDUCIARY RULES.
(a) Criminal Penalties.--Section 501 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1131) is amended--
(1) by inserting ``(a)'' before ``Any person''; and
(2) by adding at the end the following new subsection:
``(b) Any person who, acting in the capacity of plan sponsor, plan
administrator, or other fiduciary of a pension plan, willfully causes,
in connection with the plan, a violation of the requirements of clause
(ii), (iii), (iv), or (v) of section 402(a)(2)(B), of any regulation or
order issued under such clause, or of terms of the plan required under
any such clause, regulation, or order shall upon conviction be fined
not more than $5,000 or imprisoned not more than one year, or both;
except that, in the case of such violation caused by a person not an
individual, the fine imposed upon such person shall be a fine not
exceeding $100,000.''.
(b) Civil Penalties.--
(1) In general.--Section 502(c) of such Act (29 U.S.C.
1132(c)) is amended--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following
new paragraph:
``(7) The Secretary may assess against any person a civil penalty
of not more than $1,000 a day for each instance of a violation of the
requirements of clause (ii), (iii), (iv), or (v) of section
402(a)(2)(B), of any regulation or order issued under such clause, or
of terms of the plan required under any such clause, regulation, or
order caused by such person in connection with the plan acting in the
capacity of plan sponsor, plan administrator, or other fiduciary of the
plan until such violation is corrected. For purposes of this paragraph,
each instance of such violation in connection with any participant or
beneficiary shall be treated as a separate instance of such
violation.''.
(2) Conforming amendment.--Section 502(a)(6) of such Act
(29 U.S.C. 1132(a)(6)) is amended by striking ``(5), or (6)''
and inserting ``(5), (6), or (7)''.
SEC. 4. NONFORFEITABILITY AFTER 3 YEARS OF PARTICIPATION.
(a) Amendments to the Employee Retirement Income Security Act of
1974.--Section 203(a) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1053(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting
before the period the following: ``, and, as applicable,
paragraph (5) of this subsection''; and
(2) by adding at the end the following new paragraph:
``(5) An individual account plan which includes a cash or
deferred arrangement (as defined in section 401(k)(2) of the
Internal Revenue Code of 1986) satisfies the requirements of
this paragraph if, under the plan, a participant who has
completed 3 years of participation (as defined in section
204(b)(4)) has a nonforfeitable right to 100 percent of the
participant's accrued benefit to the extent it consists of
elective deferrals (as defined in section 402(g)(3)(A) of such
Code) made pursuant to such arrangement.''.
(b) Amendments to the Internal Revenue Code of 1986.--Subsection
(a) of section 411 of the Internal Revenue Code of 1986 (relating to
minimum vesting standards) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
the requirements of paragraph (12) of this subsection (as
applicable),'' after ``paragraphs (1), (2), and (11) of this
subsection''; and
(2) by adding at the end the following new paragraph:
``(12) Elective deferrals under cash or deferred
arrangements.--A defined contribution plan which includes a
cash or deferred arrangement (as defined in section 401(k)(2))
satisfies the requirements of this paragraph if, under the
plan, a participant who has completed 3 years of participation
(as defined in subsection (b)(4)) has a nonforfeitable right to
100 percent of the participant's accrued benefit to the extent
it consists of elective deferrals (as defined in section
402(g)(3)(A)) made pursuant to such arrangement.''.
SEC. 5. EFFECTIVE DATE AND RELATED RULES.
(a) In General.--Subject to subsection (b), the amendments made by
this Act shall apply with respect to plan years beginning on or after
January 1, 2003.
(b) Special Rule for Collectively Bargained Plans.--In the case of
a plan maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or more employers
ratified on or before the date of the enactment of this Act, subsection
(a) shall be applied to benefits pursuant to, and individuals covered
by, any such agreement by substituting for ``January 1, 2003'' the date
of the commencement of the first plan year beginning on or after the
earlier of--
(1) the later of--
(A) January 1, 2004, or
(B) the date on which the last of such collective
bargaining agreements terminates (determined without
regard to any extension thereof after the date of the
enactment of this Act), or
(2) January 1, 2005.
(c) Plan Amendments.--If the amendments made by this Act require an
amendment to any plan, such plan amendment shall not be required to be
made before the first plan year beginning on or after January 1, 2005,
if--
(1) during the period after such amendments made by this
Act take effect and before such first plan year, the plan is
operated in accordance with the requirements of such amendments
made by this Act, and
(2) such plan amendment applies retroactively to the period
after such amendments made by this Act take effect and before
such first plan year.
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Safeguarding America's Retirement Act of 2002 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit individual account plans which include cash or deferred arrangements, under the Internal Revenue Code (IRC) section 401(k), from using employee contributions to acquire or hold more than ten percent of their value in employer securities. Requires such plans to give a participant or beneficiary whose nonforfeitable accrued benefit attributable to employee contributions is invested in whole or in part in employer securities a reasonable opportunity periodically to invest such accrued benefit in investment vehicles, other than employer securities, selected to permit diversification. Prohibits plan sponsors, administrators, or other fiduciaries from imposing any lockdown in connection with the nonforfeitable accrued benefit of a participant or beneficiary. Amends ERISA and IRC to provide for vesting of elective deferrals under such plans for participants who have completed three years of plan participation.
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To amend title I of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to provide new protections under applicable fiduciary rules for participants and beneficiaries under 401(k) plans and to provide for 3-year vesting of elective deferrals under such plans.
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| 1,043
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Safeguarding America's Retirement Act of 2002". <SECTION-HEADER> NEW PROTECTIONS UNDER ERISA FIDUCIARY RULES FOR PARTICIPANTS AND BENEFICIARIES UNDER 401(K) PLANS. Section 404(a)(2) of the Employee Retirement Income Security Act of 1974 (29 USC. 1104(a)(2)) is amended by striking "In the case" and inserting "(A) Subject to subparagraph (B), in the case". And by adding at the end the following new subparagraph: (i) In the case of any individual account plan which includes a qualified cash or deferred arrangement (as defined in section 401 the requirements of clauses (ii), (iii), (iv), and shall be met in connection with such plan, and subparagraph (A) shall apply in connection with the plan for any plan year only if the plan, as in effect for such plan year, provides for compliance with such requirements. The requirements of this clause are met in connection with a plan described in clause (i) only if, under the plan, assets attributable to employee contributions are invested in employer securities only to the extent elected by the employee. The requirements of this clause are met in connection with a plan described in clause (i) only if, under the plan in the case of a participant who has not completed 3 years of participation (as defined in section 204(b)(4)) under the plan, not more than 20 percent of the participant's accrued benefit derived from employee contributions may be invested in employer securities, and in the case of a participant who has completed 3 years of participation under the plan, not more than 20 percent of the participant's entire nonforfeitable accrued benefit may be invested in employer securities The requirements of this clause are met in connection with a plan described in clause (i) only if, under the plan, a participant or beneficiary whose nonforfeitable accrued benefit attributable to employee contributions is invested in whole or in part in employer securities is periodically given a reasonable opportunity to invest such accrued benefit in investment vehicles, other than employer securities, selected so as to permit diversification as described in paragraph (1)(C) with respect to such accrued benefit. (I) The requirements of this clause are met in connection with a plan described in clause (i) only if, under the plan, no lockdown may be imposed by the plan sponsor, administrator, or any other fiduciary in connection with the nonforfeitable accrued benefit of a participant or beneficiary. For purposes of this clause, the term `lockdown' means any temporary lockdown, blackout, or freeze with respect to, suspension of, or similar limitation on any opportunity otherwise generally available to a participant or beneficiary under the plan to transfer some or all of the nonforfeitable accrued benefit of the participant or beneficiary from investment in the form of employer securities to another investment vehicle otherwise available under the plan. Such term does not include any reasonable restriction on the frequency of transfers between investment vehicles established in accordance with clause .". <SECTION-HEADER> ENFORCEMENT OF NEW FIDUCIARY RULES. Criminal Penalties. Section 501 of the Employee Retirement Income Security Act of 1974 is amended by inserting "(a)" before "Any person". And by adding at the end the following new subsection: Any person who, acting in the capacity of plan sponsor, plan administrator, or other fiduciary of a pension plan, willfully causes, in connection with the plan, a violation of the requirements of clause , (iii), (iv), or (v) of section 402(a)(2)(B), of any regulation or order issued under such clause, or of terms of the plan required under any such clause, regulation, or order shall upon conviction be fined not more than $5,000 or imprisoned not more than one year, or both. Except that, in the case of such violation caused by a person not an individual, the fine imposed upon such person shall be a fine not exceeding $100,000.". Civil Penalties. In general. Section 502(c) of such Act (29 USC. 1132(c)) is amended by redesignating paragraph (7) as paragraph. And by inserting after paragraph (6) the following new paragraph: The Secretary may assess against any person a civil penalty of not more than $1,000 a day for each instance of a violation of the requirements of clause (ii), (iii), (iv), or (v) of section 402(a)(2)(B), of any regulation or order issued under such clause, or of terms of the plan required under any such clause, regulation, or order caused by such person in connection with the plan acting in the capacity of plan sponsor, plan administrator, or other fiduciary of the plan until such violation is corrected. For purposes of this paragraph, each instance of such violation in connection with any participant or beneficiary shall be treated as a separate instance of such violation.". Conforming amendment. Section 502(a)(6) of such Act (29 USC. 1132(a)(6)) is amended by striking "(5), or (6)" and inserting "(5), (6), or (7)". <SECTION-HEADER> NONFORFEITABILITY AFTER 3 YEARS OF PARTICIPATION. Amendments to the Employee Retirement Income Security Act of 1974. Section 203(a) of the Employee Retirement Income Security Act of 1974 (29 USC. 1053(a)) is amended in the matter preceding paragraph (1), by inserting before the period the following: ", and, as applicable, paragraph (5) of this subsection". And by adding at the end the following new paragraph: An individual account plan which includes a cash or deferred arrangement (as defined in section 401(k) satisfies the requirements of this paragraph if, under the plan, a participant who has completed 3 years of participation (as defined in section 204(b)(4)) has a nonforfeitable right to 100 percent of the participant's accrued benefit to the extent it consists of elective deferrals (as defined in section 402(g)(3) made pursuant to such arrangement.". Amendments to the Internal Revenue Code of 1986. Subsection of section 411 of the Internal Revenue Code of 1986 is amended in the matter preceding paragraph (1), by inserting ", the requirements of paragraph (12) of this subsection ," after "paragraphs (1), (2), and (11) of this subsection". And by adding at the end the following new paragraph: Elective deferrals under cash or deferred arrangements. A defined contribution plan which includes a cash or deferred arrangement (as defined in section 401(k)(2)) satisfies the requirements of this paragraph if, under the plan, a participant who has completed 3 years of participation (as defined in subsection (b)(4)) has a nonforfeitable right to 100 percent of the participant's accrued benefit to the extent it consists of elective deferrals (as defined in section 402(g)(3)(A)) made pursuant to such arrangement.". <SECTION-HEADER> EFFECTIVE DATE AND RELATED RULES. In General. Subject to subsection (b), the amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2003. Special Rule for Collectively Bargained Plans. In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before the date of the enactment of this Act, subsection shall be applied to benefits pursuant to, and individuals covered by, any such agreement by substituting for "January 1, 2003" the date of the commencement of the first plan year beginning on or after the earlier of the later of January 1, 2004, or the date on which the last of such collective bargaining agreements terminates , or January 1, 2005. Plan Amendments. If the amendments made by this Act require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 2005, if during the period after such amendments made by this Act take effect and before such first plan year, the plan is operated in accordance with the requirements of such amendments made by this Act, and such plan amendment applies retroactively to the period after such amendments made by this Act take effect and before such first plan year.
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Safeguarding America's Retirement Act of 2002 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit individual account plans which include cash or deferred arrangements, under the Internal Revenue Code (IRC) section 401(k), from using employee contributions to acquire or hold more than ten percent of their value in employer securities. Requires such plans to give a participant or beneficiary whose nonforfeitable accrued benefit attributable to employee contributions is invested in whole or in part in employer securities a reasonable opportunity periodically to invest such accrued benefit in investment vehicles, other than employer securities, selected to permit diversification. Prohibits plan sponsors, administrators, or other fiduciaries from imposing any lockdown in connection with the nonforfeitable accrued benefit of a participant or beneficiary. Amends ERISA and IRC to provide for vesting of elective deferrals under such plans for participants who have completed three years of plan participation.
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To amend title I of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to provide new protections under applicable fiduciary rules for participants and beneficiaries under 401(k) plans and to provide for 3-year vesting of elective deferrals under such plans.
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103_hr2741
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SECTION 1. FINDINGS.
The Congress finds that:
(1) By Interstate Compact (Chapter 170 of the Laws of 1937
of the State of New York; Chapter 148 of the Laws of 1937 of
the State of New Jersey) and by Resolution of the 75th Congress
(H.J. Resolution 445), the Palisades Interstate Park Commission
was formed in 1937.
(2) The Palisades Interstate Park Commission is the only
interstate park management agency in the United States and is
responsible for the management of 23 parks and historic sites
in New York and New Jersey, consisting of 82,000 acres. More
than 8,000,000 national and international visitors per year
seek outdoor recreational opportunities in the Palisades Park
System. The management of these sites is consistent with
standards maintained by the National Park Service.
(3) Sterling Forest is a biologically diverse 17,500 acre
corporate-owned open space property on the New York/New Jersey
border. The property is a highly significant watershed area for
northern New Jersey, and an important outdoor recreational
asset in the Northeastern United States. Clean drinking water
flows from the property into a reservoir system which serves 25
percent of the population of the State of New Jersey. Twenty-
seven rare and endangered wildlife species have been identified
at Sterling Forest by The Nature Conservancy. The land supports
a mixed hardwood forest, wetlands, lakes, glaciated valleys and
ridge lines, and is strategically located on a north-south
wildlife migratory route.
(4) The Appalachian Trail, administered by the National
Park Service, passes through Sterling Forest. Sterling Forest
shares a common boundary with the 51,680 acre Harriman/Bear
Mountain State Parks in which the first segment of the
Appalachian Trail was constructed in 1923. If protected,
Sterling Forest would greatly enhance the Appalachian Trail and
would become the largest park created in the Northeastern
United States since World War II.
(5) Sterling Forest is located in the most densely
populated metropolitan region in the United States, and is a
very critical open space buffer for a large urban population. A
14 percent growth rate is projected for the region in the next
20 years.
(6) Lands held and managed by the Palisades Interstate Park
Commission in the State of New York traditionally remain on the
tax rolls. Taxes are paid by the State.
(7) Stewardship and management costs for lands in the
Palisades Park System traditionally are paid by the States of
New York and New Jersey.
(8) The Palisades Interstate Park Commission is committed
to a willing seller--willing buyer transaction with the
corporate owners of Sterling Forest. Use of eminent domain
authority is not anticipated, nor would it be acceptable to the
Palisades Interstate Park Commission.
(9) In establishing the Federal Agencies Program for the
Land and Water Conservation Fund, the Congress specified the
need to address the increasing demand for the creation of
recreation areas of national significance easily accessible to
large centers of the population, and to provide a partial basis
for financing the extension of Federal recreational facilities
in the East and Midwest.
(10) Given the nationally significant watershed, outdoor
recreational, and wildlife attributes of Sterling Forest, the
demand for park open space in the Northeastern United States,
the lack of open space in the densely populated New York-New
Jersey-Connecticut Tri-State Region, and the presence of a
willing seller and a federally chartered interstate park
management agency, there is clear Federal interest in acquiring
land in Sterling Forest for permanent protection of watershed,
recreational, and wild flora and fauna open space.
SEC. 2. AUTHORIZATION.
(a) Funding.--In order to enhance protection of watershed, outdoor
recreational, wildlife habitat, and Appalachian Trail values in the
Sterling Forest area of the New York/New Jersey Highlands Region, there
is hereby authorized to be appropriated to the Secretary of the
Interior for transfer to the Palisades Interstate Park Commission
(hereinafter in this Act referred to as the ``Commission'') for fiscal
year 1995 not more than $35,000,000 to be used by the Commission for
purposes of acquiring an undeveloped, open space tract of land
presently owned by the Sterling Forest Corporation. Such sums shall
remain available for expenditure through fiscal year 1999.
(b) Property Taxes.--Nothing in this Act shall be construed to
authorize the United States Government, or relieve the Commission and
the State of New York of any obligation otherwise imposed under New
York State law, to pay property taxes or provide for the costs of
stewardship and management of any lands located in the State of New
York which may be acquired through this authorization.
(c) Management.--The Commission shall hold and manage all property
acquired with funds made available under this Act for the purposes
referred to in subsection (a).
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Authorizes appropriations to the Secretary of the Interior to be transferred to the Palisades Interstate Park Commission to be used to acquire an undeveloped, open space tract of land presently owned by the Sterling Forest Corporation to protect the watershed, outdoor recreational, wildlife habitat, and Appalachian Trail values in the Sterling Forest area of the New YorkNew Jersey Highlands Region. States that nothing in this Act shall be construed to authorize the Government, or relieve the Commission and New York of any obligation otherwise imposed under New York State law, to pay property taxes or provide for the costs of stewardship and management of any lands located in New York that may be acquired through this authorization. Requires the Commission to hold and manage all property acquired with funds made available in this Act for the purposes specified in it.
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To authorize the Secretary of the Interior to provide funds to the Palisades Interstate Park Commission for acquisition of lands in the Sterling Forest area of the New York/New Jersey Highlands Region.
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| 878
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<SECTION-HEADER> FINDINGS. The Congress finds that: By Interstate Compact and by Resolution of the 75th Congress , the Palisades Interstate Park Commission was formed in 1937. The Palisades Interstate Park Commission is the only interstate park management agency in the United States and is responsible for the management of 23 parks and historic sites in New York and New Jersey, consisting of 82,000 acres. More than 8,000,000 national and international visitors per year seek outdoor recreational opportunities in the Palisades Park System. The management of these sites is consistent with standards maintained by the National Park Service. Sterling Forest is a biologically diverse 17,500 acre corporate-owned open space property on the New YorkNew Jersey border. The property is a highly significant watershed area for northern New Jersey, and an important outdoor recreational asset in the Northeastern United States. Clean drinking water flows from the property into a reservoir system which serves 25 percent of the population of the State of New Jersey. Twenty- seven rare and endangered wildlife species have been identified at Sterling Forest by The Nature Conservancy. The land supports a mixed hardwood forest, wetlands, lakes, glaciated valleys and ridge lines, and is strategically located on a north-south wildlife migratory route. The Appalachian Trail, administered by the National Park Service, passes through Sterling Forest. Sterling Forest shares a common boundary with the 51,680 acre HarrimanBear Mountain State Parks in which the first segment of the Appalachian Trail was constructed in 1923. If protected, Sterling Forest would greatly enhance the Appalachian Trail and would become the largest park created in the Northeastern United States since World War II. Sterling Forest is located in the most densely populated metropolitan region in the United States, and is a very critical open space buffer for a large urban population. A 14 percent growth rate is projected for the region in the next 20 years. Lands held and managed by the Palisades Interstate Park Commission in the State of New York traditionally remain on the tax rolls. Taxes are paid by the State. Stewardship and management costs for lands in the Palisades Park System traditionally are paid by the States of New York and New Jersey. The Palisades Interstate Park Commission is committed to a willing seller willing buyer transaction with the corporate owners of Sterling Forest. Use of eminent domain authority is not anticipated, nor would it be acceptable to the Palisades Interstate Park Commission. In establishing the Federal Agencies Program for the Land and Water Conservation Fund, the Congress specified the need to address the increasing demand for the creation of recreation areas of national significance easily accessible to large centers of the population, and to provide a partial basis for financing the extension of Federal recreational facilities in the East and Midwest. Given the nationally significant watershed, outdoor recreational, and wildlife attributes of Sterling Forest, the demand for park open space in the Northeastern United States, the lack of open space in the densely populated New York-New Jersey-Connecticut Tri-State Region, and the presence of a willing seller and a federally chartered interstate park management agency, there is clear Federal interest in acquiring land in Sterling Forest for permanent protection of watershed, recreational, and wild flora and fauna open space. <SECTION-HEADER> AUTHORIZATION. Funding. In order to enhance protection of watershed, outdoor recreational, wildlife habitat, and Appalachian Trail values in the Sterling Forest area of the New YorkNew Jersey Highlands Region, there is hereby authorized to be appropriated to the Secretary of the Interior for transfer to the Palisades Interstate Park Commission for fiscal year 1995 not more than $35,000,000 to be used by the Commission for purposes of acquiring an undeveloped, open space tract of land presently owned by the Sterling Forest Corporation. Such sums shall remain available for expenditure through fiscal year 1999. Property Taxes. Nothing in this Act shall be construed to authorize the United States Government, or relieve the Commission and the State of New York of any obligation otherwise imposed under New York State law, to pay property taxes or provide for the costs of stewardship and management of any lands located in the State of New York which may be acquired through this authorization. Management. The Commission shall hold and manage all property acquired with funds made available under this Act for the purposes referred to in subsection (a).
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Authorizes appropriations to the Secretary of the Interior to be transferred to the Palisades Interstate Park Commission to be used to acquire an undeveloped, open space tract of land presently owned by the Sterling Forest Corporation to protect the watershed, outdoor recreational, wildlife habitat, and Appalachian Trail values in the Sterling Forest area of the New YorkNew Jersey Highlands Region. States that nothing in this Act shall be construed to authorize the Government, or relieve the Commission and New York of any obligation otherwise imposed under New York State law, to pay property taxes or provide for the costs of stewardship and management of any lands located in New York that may be acquired through this authorization. Requires the Commission to hold and manage all property acquired with funds made available in this Act for the purposes specified in it.
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To authorize the Secretary of the Interior to provide funds to the Palisades Interstate Park Commission for acquisition of lands in the Sterling Forest area of the New YorkNew Jersey Highlands Region.
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112_hr6364
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``World War I
Centennial Commission Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Establishment of World War I Centennial Commission.
Sec. 5. Duties of Centennial Commission.
Sec. 6. Powers of Centennial Commission.
Sec. 7. Centennial Commission personnel matters.
Sec. 8. Termination of Centennial Commission.
Sec. 9. Prohibition on obligation of Federal funds.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) From 2014 through 2018, the United States and nations
around the world will mark the centennial of World War I, including
the entry of the United States into the war in April 1917.
(2) America's support of Great Britain, France, Belgium, and
its other allies in World War I marked the first time in United
States history that American soldiers went abroad in defense of
liberty against foreign aggression, and it marked the true
beginning of the ``American century''.
(3) Although World War I was at the time called ``the war to
end all wars'', in fact the United States would commit its troops
to the defense of foreign lands 3 more times in the 20th century.
(4) More than 4,000,000 men and women from the United States
served in uniform during World War I, among them 2 future
presidents, Harry S. Truman and Dwight D. Eisenhower. Two million
individuals from the United States served overseas during World War
I, including 200,000 naval personnel who served on the seas. The
United States suffered 375,000 casualties during World War I,
including 116,516 deaths.
(5) The events of 1914 through 1918 shaped the world, the
United States, and the lives of millions of people.
(6) The centennial of World War I offers an opportunity for
people in the United States to learn about and commemorate the
sacrifices of their predecessors.
(7) Commemorative programs, activities, and sites allow people
in the United States to learn about the history of World War I, the
United States involvement in that war, and the war's effects on the
remainder of the 20th century, and to commemorate and honor the
participation of the United States and its citizens in the war
effort.
SEC. 3. DEFINITIONS.
In this Act--
(1) America's national world war i museum.--The term
``America's National World War I Museum'' means the Liberty
Memorial Museum in Kansas City, Missouri, as recognized by Congress
in section 1031(b) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2045).
(2) Centennial commission.--The term ``Centennial Commission''
means the World War I Centennial Commission established by section
4(a).
(3) Veterans service organization.--The term ``veterans service
organization'' means any organization recognized by the Secretary
of Veterans Affairs for the representation of veterans under
section 5902 of title 38, United States Code.
SEC. 4. ESTABLISHMENT OF WORLD WAR I CENTENNIAL COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``World War I Centennial Commission''.
(b) Membership.--
(1) Composition.--The Centennial Commission shall be composed
of 12 members as follows:
(A) Two members who shall be appointed by the Speaker of
the House of Representatives.
(B) One member who shall be appointed by the minority
leader of the House of Representatives.
(C) Two members who shall be appointed by the majority
leader of the Senate.
(D) One member who shall be appointed by the minority
leader of the Senate.
(E) Three members who shall be appointed by the President
from among persons who are broadly representative of the people
of the United States (including members of the Armed Forces,
veterans, and representatives of veterans service
organizations).
(F) One member who shall be appointed by the executive
director of the Veterans of Foreign Wars of the United States.
(G) One member who shall be appointed by the executive
director of the American Legion.
(H) One member who shall be appointed by the president of
the Liberty Memorial Association.
(2) Time for appointment.--The members of the Centennial
Commission shall be appointed not later than 60 days after the date
of the enactment of this Act.
(3) Period of appointment.--Each member shall be appointed for
the life of the Centennial Commission.
(4) Vacancies.--A vacancy in the Centennial Commission shall be
filled in the manner in which the original appointment was made.
(c) Meetings.--
(1) Initial meeting.--
(A) In general.--Not later than 30 days after the date on
which all members of the Centennial Commission have been
appointed, the Centennial Commission shall hold its first
meeting.
(B) Location.--The location for the meeting held under
subparagraph (A) shall be the America's National World War I
Museum.
(2) Subsequent meetings.--
(A) In general.--The Centennial Commission shall meet at
the call of the Chair.
(B) Frequency.--The Chair shall call a meeting of the
members of the Centennial Commission not less frequently than
once each year.
(C) Location.--Not less frequently than once each year, the
Centennial Commission shall meet at the America's National
World War I Museum.
(3) Quorum.--Seven members of the Centennial Commission shall
constitute a quorum, but a lesser number may hold hearings.
(d) Chair and Vice Chair.--The Centennial Commission shall select a
Chair and Vice Chair from among its members.
SEC. 5. DUTIES OF CENTENNIAL COMMISSION.
(a) In General.--The duties of the Centennial Commission are as
follows:
(1) To plan, develop, and execute programs, projects, and
activities to commemorate the centennial of World War I.
(2) To encourage private organizations and State and local
governments to organize and participate in activities commemorating
the centennial of World War I.
(3) To facilitate and coordinate activities throughout the
United States relating to the centennial of World War I.
(4) To serve as a clearinghouse for the collection and
dissemination of information about events and plans for the
centennial of World War I.
(5) To develop recommendations for Congress and the President
for commemorating the centennial of World War I.
(b) Reports.--
(1) Periodic report.--Not later than the last day of the 6-
month period beginning on the date of the enactment of this Act,
and not later than the last day of each 3-month period thereafter,
the Centennial Commission shall submit to Congress and the
President a report on the activities and plans of the Centennial
Commission.
(2) Recommendations.--Not later than 2 years after the date of
the enactment of this Act, the Centennial Commission shall submit
to Congress and the President a report containing specific
recommendations for commemorating the centennial of World War I and
coordinating related activities.
SEC. 6. POWERS OF CENTENNIAL COMMISSION.
(a) Hearings.--The Centennial Commission may hold such hearings,
sit and act at such times and places, take such testimony, and receive
such evidence as the Centennial Commission considers appropriate to
carry out its duties under this Act.
(b) Powers of Member and Agents.--If authorized by the Centennial
Commission, any member or agent of the Centennial Commission may take
any action which the Centennial Commission is authorized to take under
this Act.
(c) Information From Federal Agencies.--The Centennial Commission
shall secure directly from any Federal department or agency such
information as the Centennial Commission considers necessary to carry
out the provisions of this Act. Upon the request of the Chair of the
Centennial Commission, the head of such department or agency shall
furnish such information to the Centennial Commission.
(d) Administrative Support Services.--Upon the request of the
Centennial Commission, the Administrator of the General Services
Administration shall provide to the Centennial Commission, on a
reimbursable basis, the administrative support services necessary for
the Centennial Commission to carry out its responsibilities under this
Act.
(e) Contract Authority.--
(1) In general.--Except as provided in paragraph (2), the
Centennial Commission is authorized--
(A) to procure supplies, services, and property; and
(B) to make or enter into contracts, leases, or other legal
agreements.
(2) Limitation.--The Centennial Commission may not enter into
any contract, lease, or other legal agreement that extends beyond
the date of the termination of the Centennial Commission under
section 8(a).
(f) Postal Services.--The Centennial Commission may use the United
States mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(g) Gifts, Bequests, and Devises.--The Centennial Commission shall
accept, use, and dispose of gifts, bequests, or devises of services or
property, both real and personal, for the purpose of covering the costs
incurred by the Centennial Commission to carry out its duties under
this Act.
SEC. 7. CENTENNIAL COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Centennial Commission
shall serve without compensation for such service.
(b) Travel Expenses.--Each member of the Centennial Commission
shall be allowed travel expenses, including per diem in lieu of
subsistence, in accordance with the applicable provisions of title 5,
United States Code.
(c) Staff.--
(1) In general.--The Chair of the Centennial Commission shall,
in consultation with the members of the Centennial Commission,
appoint an executive director and such other additional personnel
as may be necessary to enable the Centennial Commission to perform
its duties.
(2) Compensation.--
(A) In general.--Subject to subparagraph (B), the Chair of
the Centennial Commission may fix the compensation of the
executive director and any other personnel appointed under
paragraph (1).
(B) Limitation.--The Chair of the Centennial Commission may
not fix the compensation of the executive director or other
personnel appointed under paragraph (1) at a rate that exceeds
the rate of payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(C) Work location.--If the city government for Kansas City,
Missouri, and the Liberty Memorial Association make space
available in the building in which the America's National World
War I Museum is located, the executive director of the
Centennial Commission and other personnel appointed under
paragraph (1) shall work in such building to the extent
practical.
(d) Detail of Government Employees.--Upon request of the Centennial
Commission, the head of any Federal department or agency may detail, on
a reimbursable basis, any employee of that department or agency to the
Centennial Commission to assist it in carrying out its duties under
this Act.
(e) Procurement of Temporary and Intermittent Services.--The Chair
of the Centennial Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(f) Source of Funds.--Gifts, bequests, and devises of services or
property, both real and personal, received by the Centennial Commission
under section 6(g) shall be the only source of funds to cover the costs
incurred by the Centennial Commission under this section.
SEC. 8. TERMINATION OF CENTENNIAL COMMISSION.
(a) In General.--The Centennial Commission shall terminate on the
earlier of--
(1) the date that is 30 days after the date the completion of
the activities under this Act honoring the centennial observation
of World War I; or
(2) July 28, 2019.
(b) Application of Federal Advisory Committee Act.--
(1) In general.--Except as provided in paragraph (2), the
provisions of the Federal Advisory Committee Act (5 U.S.C. App.)
shall apply to the activities of the Centennial Commission under
this Act.
(2) Exception.--Section 14(a)(2) of such Act shall not apply to
the Centennial Commission.
SEC. 9. PROHIBITION ON OBLIGATION OF FEDERAL FUNDS.
No Federal funds may be obligated to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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World War I Centennial Commission Act - Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) encourage private organizations and state and local governments to organize and participate in such activities, (3) facilitate and coordinate such activities throughout the United States. (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans. And (5) develop recommendations for Congress and the President for commemorating the centennial of World War I. Prohibits the obligation of federal funds to carry out this Act.
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To establish a commission to ensure a suitable observance of the centennial of World War I, to provide for the designation of memorials to the service of members of the United States Armed Forces in World War I, and for other purposes.
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| 690
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<SECTION-HEADER> SHORT TITLE. TABLE OF CONTENTS. Short Title. This Act may be cited as the "World War I Centennial Commission Act". Table of Contents. The table of contents for this Act is as follows: <SECTION-HEADER> Short title. Table of contents. <SECTION-HEADER> Findings. <SECTION-HEADER> Definitions. <SECTION-HEADER> Establishment of World War I Centennial Commission. <SECTION-HEADER> Duties of Centennial Commission. <SECTION-HEADER> Powers of Centennial Commission. <SECTION-HEADER> Centennial Commission personnel matters. <SECTION-HEADER> Termination of Centennial Commission. <SECTION-HEADER> Prohibition on obligation of Federal funds. <SECTION-HEADER> FINDINGS. Congress makes the following findings: From 2014 through 2018, the United States and nations around the world will mark the centennial of World War I, including the entry of the United States into the war in April 1917. America's support of Great Britain, France, Belgium, and its other allies in World War I marked the first time in United States history that American soldiers went abroad in defense of liberty against foreign aggression, and it marked the true beginning of the "American century". Although World War I was at the time called "the war to end all wars", in fact the United States would commit its troops to the defense of foreign lands 3 more times in the 20th century. More than 4,000,000 men and women from the United States served in uniform during World War I, among them 2 future presidents, Harry S. Truman and Dwight D. Eisenhower. Two million individuals from the United States served overseas during World War I, including 200,000 naval personnel who served on the seas. The United States suffered 375,000 casualties during World War I, including 116,516 deaths. The events of 1914 through 1918 shaped the world, the United States, and the lives of millions of people. The centennial of World War I offers an opportunity for people in the United States to learn about and commemorate the sacrifices of their predecessors. Commemorative programs, activities, and sites allow people in the United States to learn about the history of World War I, the United States involvement in that war, and the war's effects on the remainder of the 20th century, and to commemorate and honor the participation of the United States and its citizens in the war effort. <SECTION-HEADER> DEFINITIONS. In this Act America's national world war i museum. The term "America's National World War I Museum" means the Liberty Memorial Museum in Kansas City, Missouri, as recognized by Congress in section 1031(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 . Centennial commission. The term "Centennial Commission" means the World War I Centennial Commission established by section 4(a). Veterans service organization. The term "veterans service organization" means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. <SECTION-HEADER> ESTABLISHMENT OF WORLD WAR I CENTENNIAL COMMISSION. Establishment. There is established a commission to be known as the "World War I Centennial Commission". Membership. Composition. The Centennial Commission shall be composed of 12 members as follows: Two members who shall be appointed by the Speaker of the House of Representatives. One member who shall be appointed by the minority leader of the House of Representatives. Two members who shall be appointed by the majority leader of the Senate. One member who shall be appointed by the minority leader of the Senate. Three members who shall be appointed by the President from among persons who are broadly representative of the people of the United States . One member who shall be appointed by the executive director of the Veterans of Foreign Wars of the United States. One member who shall be appointed by the executive director of the American Legion. One member who shall be appointed by the president of the Liberty Memorial Association. Time for appointment. The members of the Centennial Commission shall be appointed not later than 60 days after the date of the enactment of this Act. Period of appointment. Each member shall be appointed for the life of the Centennial Commission. Vacancies. A vacancy in the Centennial Commission shall be filled in the manner in which the original appointment was made. Meetings. Initial meeting. In general. Not later than 30 days after the date on which all members of the Centennial Commission have been appointed, the Centennial Commission shall hold its first meeting. Location. The location for the meeting held under subparagraph (A) shall be the America's National World War I Museum. Subsequent meetings. In general. The Centennial Commission shall meet at the call of the Chair. Frequency. The Chair shall call a meeting of the members of the Centennial Commission not less frequently than once each year. Location. Not less frequently than once each year, the Centennial Commission shall meet at the America's National World War I Museum. Quorum. Seven members of the Centennial Commission shall constitute a quorum, but a lesser number may hold hearings. Chair and Vice Chair. The Centennial Commission shall select a Chair and Vice Chair from among its members. <SECTION-HEADER> DUTIES OF CENTENNIAL COMMISSION. In General. The duties of the Centennial Commission are as follows: To plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. To encourage private organizations and State and local governments to organize and participate in activities commemorating the centennial of World War I. To facilitate and coordinate activities throughout the United States relating to the centennial of World War I. To serve as a clearinghouse for the collection and dissemination of information about events and plans for the centennial of World War I. To develop recommendations for Congress and the President for commemorating the centennial of World War I. Reports. Periodic report. Not later than the last day of the 6- month period beginning on the date of the enactment of this Act, and not later than the last day of each 3-month period thereafter, the Centennial Commission shall submit to Congress and the President a report on the activities and plans of the Centennial Commission. Recommendations. Not later than 2 years after the date of the enactment of this Act, the Centennial Commission shall submit to Congress and the President a report containing specific recommendations for commemorating the centennial of World War I and coordinating related activities. <SECTION-HEADER> POWERS OF CENTENNIAL COMMISSION. Hearings. The Centennial Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Centennial Commission considers appropriate to carry out its duties under this Act. Powers of Member and Agents. If authorized by the Centennial Commission, any member or agent of the Centennial Commission may take any action which the Centennial Commission is authorized to take under this Act. Information From Federal Agencies. The Centennial Commission shall secure directly from any Federal department or agency such information as the Centennial Commission considers necessary to carry out the provisions of this Act. Upon the request of the Chair of the Centennial Commission, the head of such department or agency shall furnish such information to the Centennial Commission. Administrative Support Services. Upon the request of the Centennial Commission, the Administrator of the General Services Administration shall provide to the Centennial Commission, on a reimbursable basis, the administrative support services necessary for the Centennial Commission to carry out its responsibilities under this Act. Contract Authority. In general. Except as provided in paragraph (2), the Centennial Commission is authorized to procure supplies, services, and property. And to make or enter into contracts, leases, or other legal agreements. Limitation. The Centennial Commission may not enter into any contract, lease, or other legal agreement that extends beyond the date of the termination of the Centennial Commission under section 8(a). Postal Services. The Centennial Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. Gifts, Bequests, and Devises. The Centennial Commission shall accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of covering the costs incurred by the Centennial Commission to carry out its duties under this Act. <SECTION-HEADER> CENTENNIAL COMMISSION PERSONNEL MATTERS. Compensation of Members. Members of the Centennial Commission shall serve without compensation for such service. Travel Expenses. Each member of the Centennial Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions of title 5, United States Code. Staff. In general. The Chair of the Centennial Commission shall, in consultation with the members of the Centennial Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Centennial Commission to perform its duties. Compensation. In general. Subject to subparagraph (B), the Chair of the Centennial Commission may fix the compensation of the executive director and any other personnel appointed under paragraph (1). Limitation. The Chair of the Centennial Commission may not fix the compensation of the executive director or other personnel appointed under paragraph (1) at a rate that exceeds the rate of payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. Work location. If the city government for Kansas City, Missouri, and the Liberty Memorial Association make space available in the building in which the America's National World War I Museum is located, the executive director of the Centennial Commission and other personnel appointed under paragraph (1) shall work in such building to the extent practical. Detail of Government Employees. Upon request of the Centennial Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any employee of that department or agency to the Centennial Commission to assist it in carrying out its duties under this Act. Procurement of Temporary and Intermittent Services. The Chair of the Centennial Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. Source of Funds. Gifts, bequests, and devises of services or property, both real and personal, received by the Centennial Commission under section 6(g) shall be the only source of funds to cover the costs incurred by the Centennial Commission under this section. <SECTION-HEADER> TERMINATION OF CENTENNIAL COMMISSION. In General. The Centennial Commission shall terminate on the earlier of the date that is 30 days after the date the completion of the activities under this Act honoring the centennial observation of World War I. Or July 28, 2019. Application of Federal Advisory Committee Act. In general. Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act shall apply to the activities of the Centennial Commission under this Act. Exception. Section 14(a)(2) of such Act shall not apply to the Centennial Commission. <SECTION-HEADER> PROHIBITION ON OBLIGATION OF FEDERAL FUNDS. No Federal funds may be obligated to carry out this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
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World War I Centennial Commission Act - Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I. (2) encourage private organizations and state and local governments to organize and participate in such activities, (3) facilitate and coordinate such activities throughout the United States. (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans. And (5) develop recommendations for Congress and the President for commemorating the centennial of World War I. Prohibits the obligation of federal funds to carry out this Act.
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To establish a commission to ensure a suitable observance of the centennial of World War I, to provide for the designation of memorials to the service of members of the United States Armed Forces in World War I, and for other purposes.
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105_s1370
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Family Protection
Act''.
SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(z)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of the Social
Security Act (42 U.S.C. 423) is amended by adding at the end the
following:
``Last Payment of Benefit Terminated by Death
``(j)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of the Social Security Act (42 U.S.C. 428) is amended by adding at
the end the following:
``Last Payment of Benefit Terminated by Death
``(i)(1) In any case in which an individual dies during the first
15 days of a calendar month, the amount of such individual's monthly
insurance benefit under this section paid for such month shall be an
amount equal to 50 percent of the amount of such benefit (as determined
without regard to this subsection), rounded, if not a multiple of $1,
to the next lower multiple of $1. This subsection shall apply with
respect to such benefit after all other adjustments with respect to
such benefit provided by this title have been made.
``(2) Any payment under this section by reason of paragraph (1)
shall be made in accordance with section 204(d).''.
SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR MONTH
OF RECIPIENT'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
402(b)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(b)(5)(B) of the
Social Security Act (42 U.S.C. 402(b)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1) of the Social Security
Act (42 U.S.C. 402(c)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendment.--Section 202(c)(5)(B) of the
Social Security Act (42 U.S.C. 402(c)(5)(B)) is amended by
striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or
(I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of the Social
Security Act (42 U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of the Social
Security Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: she remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: she remarries, or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of the Social
Security Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: he remarries, dies,'' in the matter following subparagraph (F)
and inserting ``ending with the month in which he dies or (if earlier)
with the month preceding the first month in which any of the following
occurs: he remarries,''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
the Social Security Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of the Social
Security Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with
the month preceding the first month in which any of the following
occurs: such parent dies, marries,'' in the matter following
subparagraph (E) and inserting ``ending with the month in which such
parent dies or (if earlier) with the month preceding the first month in
which any of the following occurs: such parent marries,''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of the Social
Security Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with
the month preceding whichever of the following months is the earliest:
the month in which he dies,'' in the matter following subparagraph (D)
and inserting the following: ``ending with the month in which he dies
or (if earlier) with whichever of the following months is the
earliest:''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of the Social Security Act (42 U.S.C. 428(a)) is amended by
striking ``the month preceding'' in the matter following paragraph (4).
(k) Exemption From Maximum Benefit Cap.--Section 203 of the Social
Security Act (42 U.S.C. 403) is amended by adding at the end the
following:
``Exemption From Maximum Benefit Cap
``(m) Notwithstanding any other provision of this section, the
application of this section shall be made without regard to any amount
received by reason of section 202(z), 223(j), or 228(i).''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after the date that is 180 days after the date of the
enactment of this Act.
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Social Security Family Protection Act - Amends title II (OASDI) of the Social Security Act to provide that a monthly OASDI benefit shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month.
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Social Security Family Protection Act
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| 286
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Social Security Family Protection Act". <SECTION-HEADER> COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. Old-Age and Survivors Insurance Benefits. Section 202 of the Social Security Act is amended by adding at the end the following: "Last Payment of Monthly Insurance Benefit Terminated by Death (1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit , rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Any payment under this section by reason of paragraph (1) shall be made in accordance with section 204(d).". Disability Insurance Benefits. Section 223 of the Social Security Act is amended by adding at the end the following: "Last Payment of Benefit Terminated by Death (1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit , rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Any payment under this section by reason of paragraph (1) shall be made in accordance with section 204(d).". Benefits at Age 72 for Certain Uninsured Individuals. Section 228 of the Social Security Act is amended by adding at the end the following: "Last Payment of Benefit Terminated by Death (1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit , rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Any payment under this section by reason of paragraph (1) shall be made in accordance with section 204(d).". <SECTION-HEADER> CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH. Old-Age Insurance Benefits. Section 202(a) of the Social Security Act (42 USC. 402(a)) is amended by striking "the month preceding" in the matter following subparagraph (B). Wife's Insurance Benefits. In general. Section 202(b)(1) of such Act (42 USC. 402(b)(1)) is amended by striking "and ending with the month" in the matter immediately following clause (ii) and inserting "and ending with the month in which she dies or with the month", by striking subparagraph (E). And by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. Conforming amendment. Section 202(b)(5)(B) of the Social Security Act (42 USC. 402(b)(5)(B)) is amended by striking "(E), (F), (H), or (J)" and inserting "(E), (G), or ". Husband's Insurance Benefits. In general. Section 202(c)(1) of the Social Security Act (42 USC. 402(c)(1)) is amended by striking "and ending with the month" in the matter immediately following clause (ii) and inserting "and ending with the month in which he dies or with the month", by striking subparagraph (E). And by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. Conforming amendment. Section 202(c)(5)(B) of the Social Security Act (42 USC. 402(c)(5)(B)) is amended by striking "(E), (F), (H), or (J)" and inserting "(E), (G), or ". Child's Insurance Benefits. Section 202(d)(1) of the Social Security Act (42 USC. 402(d)(1)) is amended by striking "and ending with the month" in the matter immediately preceding subparagraph (D) and inserting "and ending with the month in which such child dies or with the month". And by striking "dies, or" in subparagraph (D). Widow's Insurance Benefits. Section 202(e)(1) of the Social Security Act (42 USC. 402(e)(1)) is amended by striking "ending with the month preceding the first month in which any of the following occurs: she remarries, dies," in the matter following subparagraph (F) and inserting "ending with the month in which she dies or with the month preceding the first month in which any of the following occurs: she remarries, or". Widower's Insurance Benefits. Section 202(f)(1) of the Social Security Act (42 USC. 402(f)(1)) is amended by striking "ending with the month preceding the first month in which any of the following occurs: he remarries, dies," in the matter following subparagraph (F) and inserting "ending with the month in which he dies or with the month preceding the first month in which any of the following occurs: he remarries,". Mother's and Father's Insurance Benefits. Section 202(g)(1) of the Social Security Act (42 USC. 402(g)(1)) is amended by inserting "with the month in which he or she dies or " after "and ending" in the matter following subparagraph (F). And by striking "he or she remarries, or he or she dies" and inserting "or he or she remarries". Parent's Insurance Benefits. Section 202(h)(1) of the Social Security Act (42 USC. 402(h)(1)) is amended by striking "ending with the month preceding the first month in which any of the following occurs: such parent dies, marries," in the matter following subparagraph (E) and inserting "ending with the month in which such parent dies or with the month preceding the first month in which any of the following occurs: such parent marries,". Disability Insurance Benefits. Section 223(a)(1) of the Social Security Act (42 USC. 423(a)(1)) is amended by striking "ending with the month preceding whichever of the following months is the earliest: the month in which he dies," in the matter following subparagraph (D) and inserting the following: "ending with the month in which he dies or with whichever of the following months is the earliest:". Benefits at Age 72 for Certain Uninsured Individuals. Section 228(a) of the Social Security Act (42 USC. 428(a)) is amended by striking "the month preceding" in the matter following paragraph (4). Exemption From Maximum Benefit Cap. Section 203 of the Social Security Act is amended by adding at the end the following: "Exemption From Maximum Benefit Cap Notwithstanding any other provision of this section, the application of this section shall be made without regard to any amount received by reason of section 202(z), 223(j), or 228(i).". <SECTION-HEADER> EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the date that is 180 days after the date of the enactment of this Act.
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Social Security Family Protection Act - Amends title II (OASDI) of the Social Security Act to provide that a monthly OASDI benefit shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month.
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Social Security Family Protection Act
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103_hr899
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Domestic Employment
Tax Simplification Act of 1993''.
SEC. 2. INCREASE IN MINIMUM AMOUNT OF CASH REMUNERATION FOR DOMESTIC
SERVICES SUBJECT TO SOCIAL SECURITY EMPLOYMENT TAXES.
(a) Determination of Wages under the Social Security Act.--
Subparagraph (B) of section 209(a)(6) of the Social Security Act is
amended to read as follows:
``(B)(i) Cash remuneration paid by an employer in any
calendar year to an employee for domestic service in a private
home of the employer, if the cash remuneration paid in such
year by the employer to the employee for such service is less
than the minimum assessed wages determined under this
subparagraph for such year.
``(ii) The minimum assessed wages for 1993 shall be the
product of $200 and the ratio of the average of the total wages
(as defined in regulations of the Secretary and computed
without regard to the limitations specified in section
209(a)(1)) for 1992 to the average of the total wages (as so
defined) for 1950, with such product, if not a multiple of $10,
being rounded to the next higher multiple of $10 where such
amount is a multiple of $5 but not of $10 and to the nearest
multiple of $10 in any other case.
``(iii) The Secretary shall, on or after November 1 of 1993
and of every year thereafter, determine and publish in the
Federal Register the minimum assessed wages for the succeeding
calendar year. The amount of such minimum assessed wages shall
be the larger of--
``(I) the amount in effect for the calendar year in
which the determination under this clause is made, or
``(II) the product of the minimum assessed wages
for 1993 and the ratio of the deemed average total
wages (as defined in section 209(k)(1)) for the
calendar year before the year in which the
determination under this clause is made to the deemed
average total wages (as so defined) for 1991,
with such product, if not a multiple of $10, being rounded to
the next higher multiple of $10 where such amount is a multiple
of $5 but not of $10 and to the nearest multiple of $10 in any
other case.
``(iv) As used in this subparagraph, the term `domestic
service in a private home of the employer' does not include
service described in section 210(f)(5).''.
(b) Determination of Wages Under the Internal Revenue Code of
1986.--
(1) In general.--Subparagraph (B) of section 3121(a)(7) of
the Internal Revenue Code of 1986 (defining wages) is amended
to read as follows:
``(B) cash remuneration paid by an employer in any
calendar year to an employee for domestic service in a
private home of the employer, if the cash remuneration
paid in such year by the employer to the employee for
such service is less than the minimum assessed wages
determined under section 209(a)(6)(B) of the Social
Security Act for such year. As used in this
subparagraph, the term `domestic service in a private
home of the employer' does not include service
described in subsection (g)(5);''.
(2) Conforming amendment.--The second sentence of section
3102(a) of such Code (relating to deduction of tax from wages)
is amended--
(A) by striking ``calendar quarter'' each place it
appears and inserting ``calendar year'', and
(B) by striking ``$50'' and inserting ``the minimum
assessed wages determined under section 209(a)(6)(B) of
the Social Security Act for such year''.
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid in calendar years after 1992. As soon as
practicable after the date of the enactment of this Act, the Secretary
of Health and Human Services shall publish in the Federal Register the
minimum assessed wages for 1993, determined under section
209(a)(6)(B)(ii) of the Social Security Act (as amended by this Act).
SEC. 3. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT WITH
COLLECTION OF INCOME TAXES.
(a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(relating to general provisions relating to employment taxes) is
amended by adding at the end the following new section:
``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT
TAXES WITH COLLECTION OF INCOME TAXES.
``(a) General Rule.--Except as otherwise provided in this section--
``(1) returns with respect to domestic service employment
taxes shall be made on a calendar year basis,
``(2) any such return for any calendar year shall be filed
on or before the due date (including extensions) of the income
tax return for the employer's taxable year which begins in such
calendar year, and
``(3) no requirement to make deposits (or to pay
installments under section 6157) shall apply with respect to
such taxes.
``(b) Domestic Service Employment Taxes Subject to Estimated Tax
Provisions.--
``(1) In general.--Solely for purposes of section 6654,
domestic service employment taxes imposed with respect to any
calendar year shall be treated as a tax imposed by chapter 2
for the taxable year of the employer which begins in such
calendar year.
``(2) Annualization.--Under regulations prescribed by the
Secretary, appropriate adjustments shall be made in the
application of section 6654(d)(2) in respect of the amount
treated as tax under paragraph (1).
``(3) Transitional rule.--For purposes of applying section
6654 to a taxable year beginning in 1993, the amount referred
to in clause (ii) of section 6654(d)(1)(B) shall be increased
by 90 percent of the amount treated as tax under paragraph (1)
for such taxable year.
``(c) Domestic Service Employment Taxes.--For purposes of this
section, the term `domestic service employment taxes' means--
``(1) any taxes imposed by chapter 21 or 23 on remuneration
paid for domestic service in a private home of the employer,
and
``(2) any amount withheld from such remuneration pursuant
to an agreement under section 3402(p).
For purposes of this subsection, the term `domestic service in a
private home of the employer' does not include service described in
section 3121(g)(5).
``(d) Exception Where Employer Liable for Other Employment Taxes.--
To the extent provided in regulations prescribed by the Secretary, this
section shall not apply to any employer for any calendar year if such
employer is liable for any tax under this subtitle with respect to
remuneration for services other than domestic service in a private home
of the employer.
``(e) Authority To Enter Into Agreements To Collect State
Unemployment Taxes.--
``(1) In general.--The Secretary is hereby authorized to
enter into an agreement with any State to collect, as the agent
of such State, such State's unemployment taxes imposed on
remuneration paid for domestic service in a private home of the
employer. Any taxes to be collected by the Secretary pursuant
to such an agreement shall be treated as domestic service
employment taxes for purposes of this section.
``(2) Transfers to state account.--Any amount collected
under an agreement referred to in paragraph (1) shall be
transferred by the Secretary to the account of the State in the
Unemployment Trust Fund.
``(3) Subtitle f made applicable.--For purposes of subtitle
F, any amount required to be collected under an agreement under
paragraph (1) shall be treated as a tax imposed by chapter 23.
``(4) State.--For purposes of this subsection, the term
`State' has the meaning given such term by section
3306(j)(1).''
(b) Clerical Amendment.--The table of sections for chapter 25 is
amended by adding at the end thereof the following:
``Sec. 3510. Coordination of collection
of domestic service employment
taxes with collection of income
taxes.''
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid in calendar years after 1992.
SEC. 4. STUDY REGARDING MINIMUM ASSESSED WAGES FOR DOMESTIC SERVICE.
(a) In General.--The Secretary of Health and Human Services and the
Secretary of the Treasury shall conduct a joint study of the effects of
the amendments made by this Act. In the course of such study, the
Secretaries shall--
(1) analyze the effect of the amounts of minimum assessed
wages established pursuant to such amendments on the integrity
of the Federal Old-Age and Survivors Insurance Trust Fund, the
Federal Disability Insurance Trust Fund, and the Federal
Hospital Insurance Trust Fund,
(2) evaluate the annual savings to the Government caused by
the annualization of the employment taxes provided in such
amendments, and
(3) such other related matters as they consider
appropriate.
(b) Report.--Not later than January 1, 1996, the Secretaries shall
transmit a report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate setting
forth the results of their study conducted pursuant to subsection (a).
Such study shall include such recommendations for legislative changes
as such Secretaries may consider appropriate.
|
Social Security Domestic Employment Tax Simplification Act of 1993 - Amends title II of the Social Security Act and the Internal Revenue Code (IRC) to raise the threshold amount of cash remuneration payable to a domestic employee in any year which is subject to social security employment taxes. Amends IRC to: (1) provide for the coordination of the collection of domestic service employment taxes with the collection of income taxes, (2) subject domestic service employment taxes to estimated tax provisions, (3) exempt certain employers from the payment of such taxes. And (4) authorize the Secretary of the Treasury to enter into agreements to collect State unemployment taxes imposed on such remuneration. Requires the Secretaries of Health and Human Services and the Treasury to study and report to the Congress on the effects of this Act.
|
Social Security Domestic Employment Tax Simplification Act of 1993
| 10,373
| 845
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Social Security Domestic Employment Tax Simplification Act of 1993". <SECTION-HEADER> INCREASE IN MINIMUM AMOUNT OF CASH REMUNERATION FOR DOMESTIC SERVICES SUBJECT TO SOCIAL SECURITY EMPLOYMENT TAXES. Determination of Wages under the Social Security Act. Subparagraph (B) of section 209(a)(6) of the Social Security Act is amended to read as follows: (i) Cash remuneration paid by an employer in any calendar year to an employee for domestic service in a private home of the employer, if the cash remuneration paid in such year by the employer to the employee for such service is less than the minimum assessed wages determined under this subparagraph for such year. The minimum assessed wages for 1993 shall be the product of $200 and the ratio of the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 209(a)(1)) for 1992 to the average of the total wages for 1950, with such product, if not a multiple of $10, being rounded to the next higher multiple of $10 where such amount is a multiple of $5 but not of $10 and to the nearest multiple of $10 in any other case. The Secretary shall, on or after November 1 of 1993 and of every year thereafter, determine and publish in the Federal Register the minimum assessed wages for the succeeding calendar year. The amount of such minimum assessed wages shall be the larger of the amount in effect for the calendar year in which the determination under this clause is made, or the product of the minimum assessed wages for 1993 and the ratio of the deemed average total wages (as defined in section 209(k)(1)) for the calendar year before the year in which the determination under this clause is made to the deemed average total wages for 1991, with such product, if not a multiple of $10, being rounded to the next higher multiple of $10 where such amount is a multiple of $5 but not of $10 and to the nearest multiple of $10 in any other case. As used in this subparagraph, the term `domestic service in a private home of the employer' does not include service described in section 210(f)(5).". Determination of Wages Under the Internal Revenue Code of 1986. In general. Subparagraph (B) of section 3121(a)(7) of the Internal Revenue Code of 1986 is amended to read as follows: cash remuneration paid by an employer in any calendar year to an employee for domestic service in a private home of the employer, if the cash remuneration paid in such year by the employer to the employee for such service is less than the minimum assessed wages determined under section 209(a)(6)(B) of the Social Security Act for such year. As used in this subparagraph, the term `domestic service in a private home of the employer' does not include service described in subsection (g)(5). ". Conforming amendment. The second sentence of section 3102(a) of such Code is amended by striking "calendar quarter" each place it appears and inserting "calendar year", and by striking "$50" and inserting "the minimum assessed wages determined under section 209(a)(6)(B) of the Social Security Act for such year". Effective Date. The amendments made by this section shall apply to remuneration paid in calendar years after 1992. As soon as practicable after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish in the Federal Register the minimum assessed wages for 1993, determined under section 209(a)(6)(B)(ii) of the Social Security Act . <SECTION-HEADER> COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT WITH COLLECTION OF INCOME TAXES. In General. Chapter 25 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT TAXES WITH COLLECTION OF INCOME TAXES. General Rule. Except as otherwise provided in this section returns with respect to domestic service employment taxes shall be made on a calendar year basis, any such return for any calendar year shall be filed on or before the due date of the income tax return for the employer's taxable year which begins in such calendar year, and no requirement to make deposits shall apply with respect to such taxes. Domestic Service Employment Taxes Subject to Estimated Tax Provisions. In general. Solely for purposes of section 6654, domestic service employment taxes imposed with respect to any calendar year shall be treated as a tax imposed by chapter 2 for the taxable year of the employer which begins in such calendar year. Annualization. Under regulations prescribed by the Secretary, appropriate adjustments shall be made in the application of section 6654(d)(2) in respect of the amount treated as tax under paragraph (1). Transitional rule. For purposes of applying section 6654 to a taxable year beginning in 1993, the amount referred to in clause (ii) of section 6654(d)(1)(B) shall be increased by 90 percent of the amount treated as tax under paragraph (1) for such taxable year. Domestic Service Employment Taxes. For purposes of this section, the term `domestic service employment taxes' means any taxes imposed by chapter 21 or 23 on remuneration paid for domestic service in a private home of the employer, and any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this subsection, the term `domestic service in a private home of the employer' does not include service described in section 3121(g)(5). Exception Where Employer Liable for Other Employment Taxes. To the extent provided in regulations prescribed by the Secretary, this section shall not apply to any employer for any calendar year if such employer is liable for any tax under this subtitle with respect to remuneration for services other than domestic service in a private home of the employer. Authority To Enter Into Agreements To Collect State Unemployment Taxes. In general. The Secretary is hereby authorized to enter into an agreement with any State to collect, as the agent of such State, such State's unemployment taxes imposed on remuneration paid for domestic service in a private home of the employer. Any taxes to be collected by the Secretary pursuant to such an agreement shall be treated as domestic service employment taxes for purposes of this section. Transfers to state account. Any amount collected under an agreement referred to in paragraph (1) shall be transferred by the Secretary to the account of the State in the Unemployment Trust Fund. Subtitle f made applicable. For purposes of subtitle F, any amount required to be collected under an agreement under paragraph (1) shall be treated as a tax imposed by chapter 23. State. For purposes of this subsection, the term `State' has the meaning given such term by section 3306(j)(1)." Clerical Amendment. The table of sections for chapter 25 is amended by adding at the end thereof the following: "Section 3510. Coordination of collection of domestic service employment taxes with collection of income taxes." Effective Date. The amendments made by this section shall apply to remuneration paid in calendar years after 1992. <SECTION-HEADER> STUDY REGARDING MINIMUM ASSESSED WAGES FOR DOMESTIC SERVICE. In General. The Secretary of Health and Human Services and the Secretary of the Treasury shall conduct a joint study of the effects of the amendments made by this Act. In the course of such study, the Secretaries shall analyze the effect of the amounts of minimum assessed wages established pursuant to such amendments on the integrity of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund, evaluate the annual savings to the Government caused by the annualization of the employment taxes provided in such amendments, and such other related matters as they consider appropriate. Report. Not later than January 1, 1996, the Secretaries shall transmit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate setting forth the results of their study conducted pursuant to subsection (a). Such study shall include such recommendations for legislative changes as such Secretaries may consider appropriate.
|
Social Security Domestic Employment Tax Simplification Act of 1993 - Amends title II of the Social Security Act and the Internal Revenue Code (IRC) to raise the threshold amount of cash remuneration payable to a domestic employee in any year which is subject to social security employment taxes. Amends IRC to: (1) provide for the coordination of the collection of domestic service employment taxes with the collection of income taxes, (2) subject domestic service employment taxes to estimated tax provisions, (3) exempt certain employers from the payment of such taxes. And (4) authorize the Secretary of the Treasury to enter into agreements to collect State unemployment taxes imposed on such remuneration. Requires the Secretaries of Health and Human Services and the Treasury to study and report to the Congress on the effects of this Act.
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Social Security Domestic Employment Tax Simplification Act of 1993
|
107_hr5169
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wastewater Treatment Works Security
Act of 2002''.
SEC. 2. WASTEWATER TREATMENT WORKS SECURITY.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is amended by adding at the end the following:
``SEC. 222. WASTEWATER TREATMENT WORKS SECURITY.
``(a) Grants for Vulnerability Assessments and Security
Enhancements.--The Administrator may make grants to a State,
municipality, or intermunicipal or interstate agency--
``(1) to conduct a vulnerability assessment of a publicly
owned treatment works;
``(2) to implement security enhancements listed in
subsection (c)(1) to reduce vulnerabilities identified in a
vulnerability assessment; and
``(3) to implement additional security enhancements to
reduce vulnerabilities identified in a vulnerability
assessment.
``(b) Vulnerability Assessments.--
``(1) Definition.--In this section, the term `vulnerability
assessment' means an assessment of the vulnerability of a
treatment works to actions intended to--
``(A) substantially disrupt the ability of the
treatment works to safely and reliably operate; or
``(B) have a substantial adverse effect on critical
infrastructure, public health or safety, or the
environment.
``(2) Identification of methods to reduce
vulnerabilities.--A vulnerability assessment includes
identification of procedures, countermeasures, and equipment
that the treatment works can implement or utilize to reduce the
identified vulnerabilities.
``(3) Review.--A vulnerability assessment shall include a
review of the vulnerability of the treatment work's--
``(A) facilities, systems, and devices used in the
storage, treatment, recycling, or reclamation of
municipal sewage or industrial wastes;
``(B) intercepting sewers, outfall sewers, sewage
collection systems, and other constructed conveyances;
``(C) electronic, computer, and other automated
systems;
``(D) pumping, power, and other equipment;
``(E) use, storage, and handling of various
chemicals; and
``(F) operation and maintenance procedures.
``(c) Grants for Security Enhancements.--
``(1) Preapproved security enhancements.--Upon
certification by an applicant that the applicant has completed
a vulnerability assessment for a treatment works and that the
security enhancement for which assistance is sought is to
reduce vulnerabilities of the treatment works identified in the
assessment, the Administrator may make grants to the applicant
under subsection (a)(2) for 1 or more of the following:
``(A) Purchase and installation of equipment for
access control, intrusion prevention and delay, and
detection of intruders and hazardous or dangerous
substances, including--
``(i) barriers, fencing, and gates;
``(ii) security lighting and cameras;
``(iii) metal grates, wire mesh, and
outfall entry barriers;
``(iv) securing of manhole covers and fill
and vent pipes;
``(v) installation and re-keying of doors
and locks; and
``(vi) smoke, chemical, and explosive
mixture detection systems.
``(B) Security improvements to electronic,
computer, or other automated systems and remote
security systems, including controlling access to such
systems, intrusion detection and prevention, and system
backup.
``(C) Participation in training programs and the
purchase of training manuals and guidance materials
relating to security.
``(D) Security screening of employees or contractor
support services.
``(2) Additional security enhancements.--
``(A) Grants.--The Administrator may make grants
under subsection (a)(3) to an applicant for additional
security enhancements not listed in paragraph (1).
``(B) Eligibility.--To be eligible for a grant
under this paragraph, an applicant shall submit an
application to the Administrator containing such
information as the Administrator may request.
``(3) Limitations.--
``(A) Use of funds.--Grants under subsections
(a)(2) and (a)(3) may not be used for personnel costs
or operation or maintenance of facilities, equipment,
or systems.
``(B) Disclosure of vulnerability assessment.--As a
condition of applying for or receiving a grant under
this section, the Administrator may not require an
applicant to provide the Administrator with a copy of a
vulnerability assessment.
``(d) Grant Amounts.--
``(1) Federal share.--The Federal share of the cost of
activities funded by a grant under subsection (a) may not
exceed 75 percent.
``(2) Maximum amount.--The total amount of grants made
under subsections (a)(1) and (a)(2) for one publicly owned
treatment works shall not exceed $150,000.
``(e) Technical Assistance for Small Publicly Owned Treatment
Works.--
``(1) Security assessment and planning assistance.--The
Administrator, in coordination the States, may provide
technical guidance and assistance to small publicly owned
treatment works on conducting a vulnerability assessment and
implementation of security enhancements to reduce
vulnerabilities identified in a vulnerability assessment. Such
assistance may include technical assistance programs, training,
and preliminary engineering evaluations.
``(2) Participation by nonprofit organizations.--The
Administrator may make grants to nonprofit organizations to
assist in accomplishing the purposes of this subsection.
``(3) Small publicly owned treatment works defined.--In
this subsection, the term `small publicly owned treatment
works' means a publicly owned treatment works that services a
population of fewer than 20,000 persons.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator--
``(1) $200,000,000 for making grants under subsection (a);
and
``(2) $15,000,000 for providing technical assistance under
subsection (e).
Such sums shall remain available until expended.''.
SEC. 3. REFINEMENT OF VULNERABILITY ASSESSMENT METHODOLOGY FOR PUBLICLY
OWNED TREATMENT WORKS.
(a) Grants.--The Administrator of the Environmental Protection
Agency may make grants to a nonprofit organization for the improvement
of vulnerability self-assessment methodologies and tools for publicly
owned treatment works, including publicly owned treatment works that
are part of a combined public wastewater treatment and water supply
system.
(b) Eligible Activities.--Grants provided under this section may be
used for developing and distributing vulnerability self-assessment
methodology software upgrades, improving and enhancing critical
technical and user support functions, expanding libraries of
information addressing both threats and countermeasures, and
implementing user training initiatives. Such services shall be provided
at no cost to recipients.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of the
fiscal years 2003 through 2007. Such sums shall remain available until
expended.
Passed the House of Representatives October 7, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
|
Wastewater Treatment Works Security Act of 2002 - Amends the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to make grants to a State, municipality, or intermunicipal or interstate agency to conduct a vulnerability assessment of a publicly owned treatment works and implement security enhancements for such facilities upon completion of the assessment. Authorizes the Administrator to: (1) provide technical guidance and assistance to small publicly owned treatment works on conducting vulnerability assessments and implementing security enhancements. And (2) make grants to a nonprofit organization to improve vulnerability self-assessment methodologies and tools for publicly owned treatment works, including those that are part of a combined wastewater treatment and water supply system. Authorizes appropriations.
|
To amend the Federal Water Pollution Control Act to enhance the security of wastewater treatment works.
| 8,723
| 876
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Wastewater Treatment Works Security Act of 2002". <SECTION-HEADER> WASTEWATER TREATMENT WORKS SECURITY. Title II of the Federal Water Pollution Control Act is amended by adding at the end the following: "Section 222. WASTEWATER TREATMENT WORKS SECURITY. Grants for Vulnerability Assessments and Security Enhancements. The Administrator may make grants to a State, municipality, or intermunicipal or interstate agency to conduct a vulnerability assessment of a publicly owned treatment works. To implement security enhancements listed in subsection (c)(1) to reduce vulnerabilities identified in a vulnerability assessment. And to implement additional security enhancements to reduce vulnerabilities identified in a vulnerability assessment. Vulnerability Assessments. Definition. In this section, the term `vulnerability assessment' means an assessment of the vulnerability of a treatment works to actions intended to substantially disrupt the ability of the treatment works to safely and reliably operate. Or have a substantial adverse effect on critical infrastructure, public health or safety, or the environment. Identification of methods to reduce vulnerabilities. A vulnerability assessment includes identification of procedures, countermeasures, and equipment that the treatment works can implement or utilize to reduce the identified vulnerabilities. Review. A vulnerability assessment shall include a review of the vulnerability of the treatment work's facilities, systems, and devices used in the storage, treatment, recycling, or reclamation of municipal sewage or industrial wastes. Intercepting sewers, outfall sewers, sewage collection systems, and other constructed conveyances, electronic, computer, and other automated systems, pumping, power, and other equipment, use, storage, and handling of various chemicals. And operation and maintenance procedures. Grants for Security Enhancements. Preapproved security enhancements. Upon certification by an applicant that the applicant has completed a vulnerability assessment for a treatment works and that the security enhancement for which assistance is sought is to reduce vulnerabilities of the treatment works identified in the assessment, the Administrator may make grants to the applicant under subsection (a)(2) for 1 or more of the following: Purchase and installation of equipment for access control, intrusion prevention and delay, and detection of intruders and hazardous or dangerous substances, including barriers, fencing, and gates, security lighting and cameras, metal grates, wire mesh, and outfall entry barriers, securing of manhole covers and fill and vent pipes, installation and re-keying of doors and locks. And smoke, chemical, and explosive mixture detection systems. Security improvements to electronic, computer, or other automated systems and remote security systems, including controlling access to such systems, intrusion detection and prevention, and system backup. Participation in training programs and the purchase of training manuals and guidance materials relating to security. Security screening of employees or contractor support services. Additional security enhancements. Grants. The Administrator may make grants under subsection (a)(3) to an applicant for additional security enhancements not listed in paragraph (1). Eligibility. To be eligible for a grant under this paragraph, an applicant shall submit an application to the Administrator containing such information as the Administrator may request. Limitations. Use of funds. Grants under subsections (2) and (a)(3) may not be used for personnel costs or operation or maintenance of facilities, equipment, or systems. Disclosure of vulnerability assessment. As a condition of applying for or receiving a grant under this section, the Administrator may not require an applicant to provide the Administrator with a copy of a vulnerability assessment. Grant Amounts. Federal share. The Federal share of the cost of activities funded by a grant under subsection (a) may not exceed 75 percent. Maximum amount. The total amount of grants made under subsections (a)(1) and (a)(2) for one publicly owned treatment works shall not exceed $150,000. Technical Assistance for Small Publicly Owned Treatment Works. Security assessment and planning assistance. The Administrator, in coordination the States, may provide technical guidance and assistance to small publicly owned treatment works on conducting a vulnerability assessment and implementation of security enhancements to reduce vulnerabilities identified in a vulnerability assessment. Such assistance may include technical assistance programs, training, and preliminary engineering evaluations. Participation by nonprofit organizations. The Administrator may make grants to nonprofit organizations to assist in accomplishing the purposes of this subsection. Small publicly owned treatment works defined. In this subsection, the term `small publicly owned treatment works' means a publicly owned treatment works that services a population of fewer than 20,000 persons. Authorization of Appropriations. There is authorized to be appropriated to the Administrator $200,000,000 for making grants under subsection (a). And $15,000,000 for providing technical assistance under subsection (e). Such sums shall remain available until expended.". <SECTION-HEADER> REFINEMENT OF VULNERABILITY ASSESSMENT METHODOLOGY FOR PUBLICLY OWNED TREATMENT WORKS. Grants. The Administrator of the Environmental Protection Agency may make grants to a nonprofit organization for the improvement of vulnerability self-assessment methodologies and tools for publicly owned treatment works, including publicly owned treatment works that are part of a combined public wastewater treatment and water supply system. Eligible Activities. Grants provided under this section may be used for developing and distributing vulnerability self-assessment methodology software upgrades, improving and enhancing critical technical and user support functions, expanding libraries of information addressing both threats and countermeasures, and implementing user training initiatives. Such services shall be provided at no cost to recipients. Authorization of Appropriations. There is authorized to be appropriated to carry out this section $1,000,000 for each of the fiscal years 2003 through 2007. Such sums shall remain available until expended. Passed the House of Representatives October 7, 2002. Attest: JEFF TRANDAHL, Clerk.
|
Wastewater Treatment Works Security Act of 2002 - Amends the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to make grants to a State, municipality, or intermunicipal or interstate agency to conduct a vulnerability assessment of a publicly owned treatment works and implement security enhancements for such facilities upon completion of the assessment. Authorizes the Administrator to: (1) provide technical guidance and assistance to small publicly owned treatment works on conducting vulnerability assessments and implementing security enhancements. And (2) make grants to a nonprofit organization to improve vulnerability self-assessment methodologies and tools for publicly owned treatment works, including those that are part of a combined wastewater treatment and water supply system. Authorizes appropriations.
|
To amend the Federal Water Pollution Control Act to enhance the security of wastewater treatment works.
|
103_hr5307
|
SECTION 1. FINDINGS.
The Congress finds that--
(1) the right to public trials and other court proceedings
is protected by the First and Sixth Amendments to the
Constitution;
(2) while members of the public once commonly attended
trials in person, today they must rely on the print and
electronic media to learn about court proceedings;
(3) Americans' understanding of the courts and their
important work, as well as respect for the judicial system, is
enhanced when photographic and electronic media coverage is
permitted;
(4) while 47 States now allow photographic and electronic
media coverage of some or all of their courts, Federal courts
have been entirely closed to such coverage, aside from a
limited experimental program;
(5) the presence of cameras and microphones in the
courtroom does not deny litigants due process of law, or
interfere with the fundamental fairness of the trial, as the
Supreme Court recognized more than a decade ago in Chandler v.
Florida; and
(6) photographic and electronic media coverage of the
courts does not, when appropriately regulated, either disrupt
the proceedings or undermine the fair administration of
justice.
SEC. 2. MEDIA COVERAGE OF COURT PROCEEDINGS.
Chapter 111 of title 28, United States Code, is amended by adding
at the end the following new section:
``Sec. 1659. Media coverage of court proceedings
``(a) Media Coverage.--
``(1) In criminal proceedings.--The Judicial Conference
shall, within 1 year after the effective date of this section,
authorize an experimental program in which the presiding judge
of a court of the United States may, in his or her discretion,
and subject to the provisions of this section, permit
photographic or electronic media coverage of criminal court
proceedings, including trials. At least 15 Federal judicial
districts shall participate in the experimental program.
``(2) In civil proceedings.--Any presiding judge of a court
of the United States may, in his or her discretion, and subject
to the provisions of this section, permit photographic or
electronic media coverage of civil court proceedings, including
trials.
``(3) General limitations.--The court may in any case
refuse, limit, or terminate photographic or electronic media
coverage in the interests of justice to protect the rights of
the parties and the dignity of the court, or to assure the fair
administration of justice. No changes in the scheduling, form,
or procedure of any court proceeding may be made, by virtue of
this section, for the benefit of the media in providing
photographic or electronic media coverage under this section.
``(b) Permission To Use Media Coverage.--
``(1) Requests for permission.--A request for permission to
use photographic or electronic media coverage of a court
proceeding under this section shall be made on a form approved
by the Judicial Conference that is filed within a reasonable
time before the portion of the proceeding for which media
coverage is requested. The clerk of the court shall promptly
notify the parties to the proceeding of the request.
``(2) Action of the court on requests.--A decision of the
court granting or denying a request for photographic or
electronic media coverage shall be in writing and shall be
included in the record of the court proceedings. A decision to
permit such coverage shall contain any restrictions imposed by
the judge on the photographic or electronic media coverage and
shall contain a statement advising the parties that any
violation of the rules of the court with respect to such
permission may be punished by the court as a contempt thereof.
A decision of the court under this paragraph to grant or deny a
request for photographic or electronic media coverage may be
set aside on review only if it is found to be an abuse of
discretion.
``(3) Pretrial conference.--A pretrial conference shall be
held in each case in which photographic or electronic media
coverage of a proceeding has been approved. At such conference,
the presiding judge shall review with counsel and the media who
will participate in the photographic or electronic media
coverage the restrictions to be imposed on such coverage.
Counsel shall convey to the court any concerns of prospective
witnesses with respect to the photographic or electronic media
coverage.
``(c) Prohibited Coverage.--
``(1) Prohibitions.--Proceedings held in chambers,
proceedings closed to the public, and jury selection shall not
be photographed, recorded, or broadcast under this section. The
testimony of police informants, minors, undercover agents, and
in cases involving sex offenses, the victim and family of the
victim, shall not be photographed, recorded, or broadcast under
this section. Conferences between an attorney and a client,
witness, or aide, between attorneys, or between counsel and the
court at the bench shall not be recorded or received by sound
equipment. Closeup photography of jurors is prohibited.
``(2) Arraignments and suppression hearings.--Photographic
or electronic media coverage of arraignments and suppression
hearings shall not be permitted unless the proceedings are open
to the public.
``(3) Witnesses at criminal trials.--Upon the request of a
witness in any criminal proceeding for which photographic or
electronic media coverage is permitted under this section, the
presiding judge may, for good cause shown based on the
circumstances of that witness, order that the visual image of
the witness be obscured.
``(d) Equipment and Personnel.--The court may require media
personnel to demonstrate that equipment proposed to be used for
photographic or electronic media coverage under this section complies
with this section. The court may specify the placement of media
personnel and equipment to permit reasonable coverage without
disruption of the proceedings. Unless the court in its discretion
orders otherwise, the following applies:
``(1) Only 2 television cameras and 2 still photographers,
with not more than 4 cameras and 6 lenses, are permitted.
``(2) Equipment shall not produce distracting sound or
light. Signal lights or devices indicating when equipment is
operating shall not be visible.
``(3) If the court permits existing courtroom sound and
lighting systems to be modified, the modifications shall be
installed, maintained, and removed without cost to the Federal
Government. Microphones and wiring shall be unobtrusively
located in places approved by the court and shall be operated
by 1 person.
``(4) Operators shall not move equipment or enter or leave
the courtroom while the court is in session, or otherwise cause
a distraction.
``(5) Equipment or clothing shall not bear the insignia or
marking of a media agency.
``(e) Pooling.--If media agencies are unable to agree on
arrangements for pooled coverage of a proceeding, the court shall deny
photographic and electronic media coverage of the proceeding under this
section.
``(f) Other Photographing, Recording, or Broadcasting.--Any
photographing, recording, or broadcasting of court proceedings, other
than that permitted under this section, is prohibited unless
specifically authorized by the court, except that the court may not
waive any provision of subsection (c).
``(g) Review Committee.--
``(1) Creation.--There shall be created a committee to
evaluate whether photographic or electronic media coverage of
criminal court proceedings should be permitted after June 30,
1998, or whether such coverage so disrupts or interferes with
the fairness of criminal court proceedings as to justify its
prohibition.
``(2) Membership.--The committee shall consist of 16
members, 4 to be appointed by the Judicial Conference, 4 to be
appointed by the Attorney General of the United States, 2 to be
appointed by the Speaker of the House of Representatives, 2 to
be appointed by the minority leader of the House of
Representatives, 2 to be appointed by the majority leader of
the Senate, and 2 to be appointed by the minority leader of the
Senate. The chair of the committee shall be appointed by the
Judicial Conference. At least 1 member of the committee
appointed by the Attorney General shall be a representative of
the electronic news media, and at least 1 member of the
committee appointed by the Judicial Conference shall be a trial
judge who has had experience with photographic or electronic
media coverage of court proceedings.
``(3) Duties.--The committee shall evaluate, analyze, and
monitor the effect of media coverage of criminal court
proceedings on the administration of justice. The Federal
Judicial Center shall cooperate with the committee in
connection with the review of the impact of photographic or
electronic media coverage on criminal court proceedings. The
committee may request participation and assistance from bar
associations in carrying out its functions.
``(4) Compensation.--The members of the committee shall
serve without compensation for their services as members of the
committee, except that each member of the committee who is not
an officer or employee of the Federal Government may be allowed
necessary and actual expenses incurred in the performance of
his or her duties under this subsection. Such expenses shall be
paid by the Administrative Office of the United States Courts.
``(5) Recommendations.--The committee shall make
recommendations to the Congress and to the Judicial Conference
with respect to the efficacy of the experimental program
authorized by subsection (a)(1), the effects of the program on
the administration of justice, and whether the program should
be continued. Such recommendations shall be submitted not later
than January 31, 1998.
``(h) Rules and Regulations.--The Judicial Conference shall
promulgate appropriate rules to carry out this section after affording
all interested persons, agencies, and institutions an opportunity to
review and comment thereon. Such rules shall include provisions to
ensure that the photographic or electronic media coverage of court
proceedings does not interfere with the decorum and dignity of
courtrooms and court facilities.
``(i) Definitions.--For purposes of this section--
``(1) the term `photographic or electronic media coverage'
means any recording or broadcasting of court proceedings by the
media using television, radio, photographic, or recording
equipment; and
``(2) the term `media' or `media agency' means any person
or organization engaging in news gathering or reporting and
includes any newspaper, radio or television station or network,
news service, magazine, trade paper, in-house publication,
professional journal, or other news reporting or news gathering
agency.
``(j) Termination or Extension of Program.--
``(1) Termination.--Subject to paragraph (2), the
experimental program authorized by subsection (a)(1) shall
terminate on June 30, 1998.
``(2) Extension by judicial conference.--Paragraph (1) does
not apply if the Judicial Conference extends the program
authorized by subsection (a)(1) and so notifies the Congress in
writing before June 30, 1998. Such extension may apply to
criminal proceedings in all judicial districts (subject to
subsection (c)) and may apply until such time as the Judicial
Conference provides otherwise.
``(k) Inapplicability of Rule 53 of the Rules of Criminal
Procedure.--Rule 53 of the Federal Rules of Criminal Procedure does not
apply during the period the program authorized by subsection (a)(1)
(including any extension under subsection (j)(2)) is in effect.
``(l) Independent Action by Judicial Conference.--Nothing in this
section precludes the Judicial Conference from authorizing photographic
and electronic media coverage of criminal proceedings before the
program authorized by subsection (a)(1) terminates.''.
SEC. 3. CONFORMING AMENDMENT.
The table of sections for chapter III of title 28, United States
Code, is amended by adding at the end the following:
``1659. Media coverage of court proceedings.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on the
date of the enactment of this Act.
|
Amends the Federal judicial code to: (1) direct the Judicial Conference to authorize an experimental program in which the presiding judge of a court of the United States may, in his or her discretion, permit photographic or electronic media coverage of criminal court proceedings, including trials. And (2) authorize any presiding judge to permit such coverage of civil court proceedings, including trials. Authorizes the court in any case to refuse, limit, or terminate such coverage in the interests of justice to protect the rights of the parties and the dignity of the court, or to assure the fair administration of justice. Prohibits any changes in the scheduling, form, or procedure of any court proceeding by virtue of this Act for the benefit of the media in providing such coverage. Sets forth provisions regarding: (1) requests for permission to use media coverage, (2) prohibited coverage, (3) equipment and personnel, (4) pooled coverage. And (5) other photographing, recording, or broadcasting. Provides for the creation of a committee to evaluate whether photographic or electronic media coverage of criminal court proceedings should be permitted after June 30, 1998, or whether such coverage so disrupts or interferes with the fairness of criminal court proceedings as to justify its prohibition. Directs: (1) the committee to evaluate, analyze, and monitor the effect of media coverage of criminal court proceedings on the administration of justice and make recommendations to the Congress and the Judicial Conference. (2) the Federal Judicial Center to cooperate with the committee in connection with the review of the impact of such coverage. And (3) the Judicial Conference to promulgate appropriate rules to carry out this Act after affording all interested persons, agencies, and institutions an opportunity to review and comment thereon. Terminates the experimental program on June 30, 1998, unless the Judicial Conference extends the program and notifies the Congress in writing before that date. Makes rule 53 of the Federal Rules of Criminal Procedure inapplicable during the period that the program is in effect. Allows the Judicial Conference to authorize such coverage of criminal proceedings before the program terminates.
|
To amend title 28, United States Code, with respect to photographing, recording, and broadcasting court proceedings.
| 13,727
| 2,251
|
<SECTION-HEADER> FINDINGS. The Congress finds that the right to public trials and other court proceedings is protected by the First and Sixth Amendments to the Constitution. While members of the public once commonly attended trials in person, today they must rely on the print and electronic media to learn about court proceedings. Americans' understanding of the courts and their important work, as well as respect for the judicial system, is enhanced when photographic and electronic media coverage is permitted. While 47 States now allow photographic and electronic media coverage of some or all of their courts, Federal courts have been entirely closed to such coverage, aside from a limited experimental program. The presence of cameras and microphones in the courtroom does not deny litigants due process of law, or interfere with the fundamental fairness of the trial, as the Supreme Court recognized more than a decade ago in Chandler v. Florida. And photographic and electronic media coverage of the courts does not, when appropriately regulated, either disrupt the proceedings or undermine the fair administration of justice. <SECTION-HEADER> MEDIA COVERAGE OF COURT PROCEEDINGS. Chapter 111 of title 28, United States Code, is amended by adding at the end the following new section: "Section 1659. Media coverage of court proceedings Media Coverage. In criminal proceedings. The Judicial Conference shall, within 1 year after the effective date of this section, authorize an experimental program in which the presiding judge of a court of the United States may, in his or her discretion, and subject to the provisions of this section, permit photographic or electronic media coverage of criminal court proceedings, including trials. At least 15 Federal judicial districts shall participate in the experimental program. In civil proceedings. Any presiding judge of a court of the United States may, in his or her discretion, and subject to the provisions of this section, permit photographic or electronic media coverage of civil court proceedings, including trials. General limitations. The court may in any case refuse, limit, or terminate photographic or electronic media coverage in the interests of justice to protect the rights of the parties and the dignity of the court, or to assure the fair administration of justice. No changes in the scheduling, form, or procedure of any court proceeding may be made, by virtue of this section, for the benefit of the media in providing photographic or electronic media coverage under this section. Permission To Use Media Coverage. Requests for permission. A request for permission to use photographic or electronic media coverage of a court proceeding under this section shall be made on a form approved by the Judicial Conference that is filed within a reasonable time before the portion of the proceeding for which media coverage is requested. The clerk of the court shall promptly notify the parties to the proceeding of the request. Action of the court on requests. A decision of the court granting or denying a request for photographic or electronic media coverage shall be in writing and shall be included in the record of the court proceedings. A decision to permit such coverage shall contain any restrictions imposed by the judge on the photographic or electronic media coverage and shall contain a statement advising the parties that any violation of the rules of the court with respect to such permission may be punished by the court as a contempt thereof. A decision of the court under this paragraph to grant or deny a request for photographic or electronic media coverage may be set aside on review only if it is found to be an abuse of discretion. Pretrial conference. A pretrial conference shall be held in each case in which photographic or electronic media coverage of a proceeding has been approved. At such conference, the presiding judge shall review with counsel and the media who will participate in the photographic or electronic media coverage the restrictions to be imposed on such coverage. Counsel shall convey to the court any concerns of prospective witnesses with respect to the photographic or electronic media coverage. Prohibited Coverage. Prohibitions. Proceedings held in chambers, proceedings closed to the public, and jury selection shall not be photographed, recorded, or broadcast under this section. The testimony of police informants, minors, undercover agents, and in cases involving sex offenses, the victim and family of the victim, shall not be photographed, recorded, or broadcast under this section. Conferences between an attorney and a client, witness, or aide, between attorneys, or between counsel and the court at the bench shall not be recorded or received by sound equipment. Closeup photography of jurors is prohibited. Arraignments and suppression hearings. Photographic or electronic media coverage of arraignments and suppression hearings shall not be permitted unless the proceedings are open to the public. Witnesses at criminal trials. Upon the request of a witness in any criminal proceeding for which photographic or electronic media coverage is permitted under this section, the presiding judge may, for good cause shown based on the circumstances of that witness, order that the visual image of the witness be obscured. Equipment and Personnel. The court may require media personnel to demonstrate that equipment proposed to be used for photographic or electronic media coverage under this section complies with this section. The court may specify the placement of media personnel and equipment to permit reasonable coverage without disruption of the proceedings. Unless the court in its discretion orders otherwise, the following applies: Only 2 television cameras and 2 still photographers, with not more than 4 cameras and 6 lenses, are permitted. Equipment shall not produce distracting sound or light. Signal lights or devices indicating when equipment is operating shall not be visible. If the court permits existing courtroom sound and lighting systems to be modified, the modifications shall be installed, maintained, and removed without cost to the Federal Government. Microphones and wiring shall be unobtrusively located in places approved by the court and shall be operated by 1 person. Operators shall not move equipment or enter or leave the courtroom while the court is in session, or otherwise cause a distraction. Equipment or clothing shall not bear the insignia or marking of a media agency. Pooling. If media agencies are unable to agree on arrangements for pooled coverage of a proceeding, the court shall deny photographic and electronic media coverage of the proceeding under this section. Other Photographing, Recording, or Broadcasting. Any photographing, recording, or broadcasting of court proceedings, other than that permitted under this section, is prohibited unless specifically authorized by the court, except that the court may not waive any provision of subsection (c). Review Committee. Creation. There shall be created a committee to evaluate whether photographic or electronic media coverage of criminal court proceedings should be permitted after June 30, 1998, or whether such coverage so disrupts or interferes with the fairness of criminal court proceedings as to justify its prohibition. Membership. The committee shall consist of 16 members, 4 to be appointed by the Judicial Conference, 4 to be appointed by the Attorney General of the United States, 2 to be appointed by the Speaker of the House of Representatives, 2 to be appointed by the minority leader of the House of Representatives, 2 to be appointed by the majority leader of the Senate, and 2 to be appointed by the minority leader of the Senate. The chair of the committee shall be appointed by the Judicial Conference. At least 1 member of the committee appointed by the Attorney General shall be a representative of the electronic news media, and at least 1 member of the committee appointed by the Judicial Conference shall be a trial judge who has had experience with photographic or electronic media coverage of court proceedings. Duties. The committee shall evaluate, analyze, and monitor the effect of media coverage of criminal court proceedings on the administration of justice. The Federal Judicial Center shall cooperate with the committee in connection with the review of the impact of photographic or electronic media coverage on criminal court proceedings. The committee may request participation and assistance from bar associations in carrying out its functions. Compensation. The members of the committee shall serve without compensation for their services as members of the committee, except that each member of the committee who is not an officer or employee of the Federal Government may be allowed necessary and actual expenses incurred in the performance of his or her duties under this subsection. Such expenses shall be paid by the Administrative Office of the United States Courts. Recommendations. The committee shall make recommendations to the Congress and to the Judicial Conference with respect to the efficacy of the experimental program authorized by subsection (a)(1), the effects of the program on the administration of justice, and whether the program should be continued. Such recommendations shall be submitted not later than January 31, 1998. Rules and Regulations. The Judicial Conference shall promulgate appropriate rules to carry out this section after affording all interested persons, agencies, and institutions an opportunity to review and comment thereon. Such rules shall include provisions to ensure that the photographic or electronic media coverage of court proceedings does not interfere with the decorum and dignity of courtrooms and court facilities. Definitions. For purposes of this section the term `photographic or electronic media coverage' means any recording or broadcasting of court proceedings by the media using television, radio, photographic, or recording equipment. And the term `media' or `media agency' means any person or organization engaging in news gathering or reporting and includes any newspaper, radio or television station or network, news service, magazine, trade paper, in-house publication, professional journal, or other news reporting or news gathering agency. Termination or Extension of Program. Termination. Subject to paragraph (2), the experimental program authorized by subsection (a)(1) shall terminate on June 30, 1998. Extension by judicial conference. Paragraph (1) does not apply if the Judicial Conference extends the program authorized by subsection (a)(1) and so notifies the Congress in writing before June 30, 1998. Such extension may apply to criminal proceedings in all judicial districts (subject to subsection (c)) and may apply until such time as the Judicial Conference provides otherwise. Inapplicability of Rule 53 of the Rules of Criminal Procedure. Rule 53 of the Federal Rules of Criminal Procedure does not apply during the period the program authorized by subsection (a)(1) (including any extension under subsection (j)(2)) is in effect. Independent Action by Judicial Conference. Nothing in this section precludes the Judicial Conference from authorizing photographic and electronic media coverage of criminal proceedings before the program authorized by subsection (a)(1) terminates.". <SECTION-HEADER> CONFORMING AMENDMENT. The table of sections for chapter III of title 28, United States Code, is amended by adding at the end the following: "1659. Media coverage of court proceedings.". <SECTION-HEADER> EFFECTIVE DATE. This Act and the amendments made by this Act take effect on the date of the enactment of this Act.
|
Amends the Federal judicial code to: (1) direct the Judicial Conference to authorize an experimental program in which the presiding judge of a court of the United States may, in his or her discretion, permit photographic or electronic media coverage of criminal court proceedings, including trials. And (2) authorize any presiding judge to permit such coverage of civil court proceedings, including trials. Authorizes the court in any case to refuse, limit, or terminate such coverage in the interests of justice to protect the rights of the parties and the dignity of the court, or to assure the fair administration of justice. Prohibits any changes in the scheduling, form, or procedure of any court proceeding by virtue of this Act for the benefit of the media in providing such coverage. Sets forth provisions regarding: (1) requests for permission to use media coverage, (2) prohibited coverage, (3) equipment and personnel, (4) pooled coverage. And (5) other photographing, recording, or broadcasting. Provides for the creation of a committee to evaluate whether photographic or electronic media coverage of criminal court proceedings should be permitted after June 30, 1998, or whether such coverage so disrupts or interferes with the fairness of criminal court proceedings as to justify its prohibition. Directs: (1) the committee to evaluate, analyze, and monitor the effect of media coverage of criminal court proceedings on the administration of justice and make recommendations to the Congress and the Judicial Conference. (2) the Federal Judicial Center to cooperate with the committee in connection with the review of the impact of such coverage. And (3) the Judicial Conference to promulgate appropriate rules to carry out this Act after affording all interested persons, agencies, and institutions an opportunity to review and comment thereon. Terminates the experimental program on June 30, 1998, unless the Judicial Conference extends the program and notifies the Congress in writing before that date. Makes rule 53 of the Federal Rules of Criminal Procedure inapplicable during the period that the program is in effect. Allows the Judicial Conference to authorize such coverage of criminal proceedings before the program terminates.
|
To amend title 28, United States Code, with respect to photographing, recording, and broadcasting court proceedings.
|
110_hr3621
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety, Accountability, and Funding
Efficiency for Transportation Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) to ensure that taxpayers receive safe, high quality
transportation services at the best possible price, a
government agency carrying out a surface transportation project
should conduct a cost-benefit analysis before procuring
architectural, engineering, and related services from a private
contractor; and
(2) by conducting the cost-benefit analysis, a government
agency will be able to determine if it is cost effective and in
the public interest to use a private contractor or government
employees in procuring such services.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Architectural, engineering, and related services.--The
term ``architectural, engineering, and related services'' means
architectural, landscape architectural, environmental,
engineering, land surveying, construction project management,
and construction inspection services and services related to
permitting and environmental studies, the preparation of plans,
specifications, and estimates, and the acquisition of rights-
of-way.
(2) Private contract.--The term ``private contract'' means
an agreement between a government agency and a private
contractor.
(3) Government agency.--The term ``government agency''
means a State, local, regional, interregional, or other
governmental entity that receives Federal funds to carry out
surface transportation projects.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Surface transportation project.--The term ``surface
transportation project'' means a project eligible for
assistance under title 23, United States Code, a capital
project (as defined in section 5302 of title 49, United States
Code), and any other project related to surface transportation
that the Secretary determines appropriate.
SEC. 4. COST-BENEFIT ANALYSIS.
(a) In General.--For fiscal year 2009 and each fiscal year
thereafter, Federal funds made available to carry out a surface
transportation project may be used by a government agency to enter into
a private contract of $100,000 or more to procure architectural,
engineering, and related services only if the government agency
conducts a cost-benefit analysis for the private contract in accordance
with the requirements of this section.
(b) Components.--A cost-benefit analysis conducted by a government
agency for a private contract under subsection (a) shall contain, at a
minimum, the following:
(1) A description of the services to be performed under the
private contract.
(2) An estimate of the cost of procuring the services under
the private contract, including the price of the contract, the
cost to the government agency of negotiating and awarding the
contract, and the cost to the government agency of inspecting,
supervising, monitoring, and overseeing the contract.
(3) An estimate of the cost of having the services
performed by the government agency (or a government agency
assisting such agency), including staff salaries and benefits,
office facilities and space, equipment and materials, and other
costs that can be reasonably attributed to the performance of
the services and that would not otherwise be incurred by the
government agency.
(4) A determination as to whether the services would be
procured more quickly by entering into the private contract or
by having the services performed by the government agency (or a
government agency assisting such agency).
(5) A determination as to whether the government agency
will provide equipment and materials under the private contract
and an estimate of the cost of any such equipment and
materials.
(6) An estimate of the cost of unemployment compensation or
other benefits likely to be paid to any employees of the
government agency displaced as a result of the private
contract.
(7) An estimate of the cost to the government agency of
resuming performance of the service to be performed under the
private contract.
SEC. 5. DISCLOSURE OF RESULTS OF COST-BENEFIT ANALYSIS.
If, after conducting a cost-benefit analysis for a private contract
under section 4, a government agency finds that it is in the public
interest to enter into the contract, the agency shall, at least 30 days
before entering into the contract--
(1) submit the results and accompanying materials to the
Secretary for review;
(2) provide the results and accompanying materials to any
individual or entity that registers with the agency to receive
the results; and
(3) make the results and accompanying materials available
for public inspection, including publication of the results on
the Internet.
SEC. 6. COMMENTS.
In the 15-day period following the date of publication by a
government agency of the results of a cost-benefit analysis for a
private contract under section 4--
(1) employees of the agency and other interested parties
may submit to the agency written comments refuting the accuracy
of results; and
(2) employees of the agency may submit to the agency a
competitive bid to provide the services that would otherwise be
performed under the contract.
SEC. 7. USE OF QUALIFICATION-BASED SELECTION CRITERIA.
In procuring architectural, engineering, and related services from
private sources using Federal funds as part of a surface transportation
project, a government agency shall use the procedures for procuring
architectural and engineering services under chapter 11 of title 40,
United States Code, or equivalent State qualifications-based
requirements.
SEC. 8. SPECIALTY, EMERGENCY, TEMPORARY WORK.
Upon the request of a government agency, the Secretary may waive
the application of this Act with respect to a private contract if the
Secretary determines that the government agency cannot perform the work
to be conducted under the contract with existing or additional
government employees because the work is of an emergency, specialty, or
intermittent nature and would likely cause regular periods of
underutilization of government employees.
|
Safety, Accountability, and Funding Efficiency for Transportation Act of 2007 - Requires government agencies to prepare cost benefit analyses before entering any private contract of $100,000 or more to procure private sector architectural, engineering, and related services for a surface transportation project. Provides for public disclosure of the results of such cost-benefit analysis if the government agency determines it is in the public interest to enter into the contract. Authorizes the waiver of such requirements if it is determined that the government agency cannot perform the work to be conducted under the contract with existing or additional government employees because such work is of an emergency, specialty, or intermittent nature.
|
To require government agencies carrying out surface transportation projects to conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor, and for other purposes.
| 6,900
| 751
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Safety, Accountability, and Funding Efficiency for Transportation Act of 2007". <SECTION-HEADER> FINDINGS. Congress finds that to ensure that taxpayers receive safe, high quality transportation services at the best possible price, a government agency carrying out a surface transportation project should conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor. And by conducting the cost-benefit analysis, a government agency will be able to determine if it is cost effective and in the public interest to use a private contractor or government employees in procuring such services. <SECTION-HEADER> DEFINITIONS. In this Act, the following definitions apply: Architectural, engineering, and related services. The term "architectural, engineering, and related services" means architectural, landscape architectural, environmental, engineering, land surveying, construction project management, and construction inspection services and services related to permitting and environmental studies, the preparation of plans, specifications, and estimates, and the acquisition of rights- of-way. Private contract. The term "private contract" means an agreement between a government agency and a private contractor. Government agency. The term "government agency" means a State, local, regional, interregional, or other governmental entity that receives Federal funds to carry out surface transportation projects. Secretary. The term "Secretary" means the Secretary of Transportation. Surface transportation project. The term "surface transportation project" means a project eligible for assistance under title 23, United States Code, a capital project , and any other project related to surface transportation that the Secretary determines appropriate. <SECTION-HEADER> COST-BENEFIT ANALYSIS. In General. For fiscal year 2009 and each fiscal year thereafter, Federal funds made available to carry out a surface transportation project may be used by a government agency to enter into a private contract of $100,000 or more to procure architectural, engineering, and related services only if the government agency conducts a cost-benefit analysis for the private contract in accordance with the requirements of this section. Components. A cost-benefit analysis conducted by a government agency for a private contract under subsection (a) shall contain, at a minimum, the following: A description of the services to be performed under the private contract. An estimate of the cost of procuring the services under the private contract, including the price of the contract, the cost to the government agency of negotiating and awarding the contract, and the cost to the government agency of inspecting, supervising, monitoring, and overseeing the contract. An estimate of the cost of having the services performed by the government agency , including staff salaries and benefits, office facilities and space, equipment and materials, and other costs that can be reasonably attributed to the performance of the services and that would not otherwise be incurred by the government agency. A determination as to whether the services would be procured more quickly by entering into the private contract or by having the services performed by the government agency . A determination as to whether the government agency will provide equipment and materials under the private contract and an estimate of the cost of any such equipment and materials. An estimate of the cost of unemployment compensation or other benefits likely to be paid to any employees of the government agency displaced as a result of the private contract. An estimate of the cost to the government agency of resuming performance of the service to be performed under the private contract. <SECTION-HEADER> DISCLOSURE OF RESULTS OF COST-BENEFIT ANALYSIS. If, after conducting a cost-benefit analysis for a private contract under section 4, a government agency finds that it is in the public interest to enter into the contract, the agency shall, at least 30 days before entering into the contract submit the results and accompanying materials to the Secretary for review. Provide the results and accompanying materials to any individual or entity that registers with the agency to receive the results. And make the results and accompanying materials available for public inspection, including publication of the results on the Internet. <SECTION-HEADER> COMMENTS. In the 15-day period following the date of publication by a government agency of the results of a cost-benefit analysis for a private contract under section 4 employees of the agency and other interested parties may submit to the agency written comments refuting the accuracy of results. And employees of the agency may submit to the agency a competitive bid to provide the services that would otherwise be performed under the contract. <SECTION-HEADER> USE OF QUALIFICATION-BASED SELECTION CRITERIA. In procuring architectural, engineering, and related services from private sources using Federal funds as part of a surface transportation project, a government agency shall use the procedures for procuring architectural and engineering services under chapter 11 of title 40, United States Code, or equivalent State qualifications-based requirements. <SECTION-HEADER> SPECIALTY, EMERGENCY, TEMPORARY WORK. Upon the request of a government agency, the Secretary may waive the application of this Act with respect to a private contract if the Secretary determines that the government agency cannot perform the work to be conducted under the contract with existing or additional government employees because the work is of an emergency, specialty, or intermittent nature and would likely cause regular periods of underutilization of government employees.
|
Safety, Accountability, and Funding Efficiency for Transportation Act of 2007 - Requires government agencies to prepare cost benefit analyses before entering any private contract of $100,000 or more to procure private sector architectural, engineering, and related services for a surface transportation project. Provides for public disclosure of the results of such cost-benefit analysis if the government agency determines it is in the public interest to enter into the contract. Authorizes the waiver of such requirements if it is determined that the government agency cannot perform the work to be conducted under the contract with existing or additional government employees because such work is of an emergency, specialty, or intermittent nature.
|
To require government agencies carrying out surface transportation projects to conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor, and for other purposes.
|
113_hr1281
|
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Newborn Screening
Saves Lives Reauthorization Act of 2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Improved newborn and child screening and followup for heritable
disorders.
Sec. 3. Evaluating the effectiveness of newborn and child screening and
followup programs.
Sec. 4. Advisory Committee on Heritable Disorders in Newborns and
Children.
Sec. 5. Clearinghouse of Newborn Screening Information.
Sec. 6. Laboratory quality and surveillance.
Sec. 7. Interagency Coordinating Committee on Newborn and Child
Screening.
Sec. 8. National contingency plan for newborn screening.
Sec. 9. Hunter Kelly Research Program.
Sec. 10. Authorization of appropriations.
Sec. 11. Reports to Congress.
Sec. 12. Informed consent for newborn screening research.
SEC. 2. IMPROVED NEWBORN AND CHILD SCREENING AND FOLLOWUP FOR HERITABLE
DISORDERS.
Section 1109 of the Public Health Service Act (42 U.S.C. 300b-8) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``subsection (j)'' and inserting
``section 1117''; and
(ii) by striking ``and in consultation with the
Advisory Committee'' and inserting ``and taking into
consideration the expertise of the Advisory Committee'';
(B) by amending paragraph (2) to read as follows:
``(2) to assist in providing health care professionals and
newborn screening laboratory personnel with education in newborn
screening, counseling, and training in--
``(A) relevant and new technologies in newborn screening
and congenital, genetic, and metabolic disorders;
``(B) the importance of the timeliness of collection,
delivery, receipt, and screening of specimens; and
``(C) sharing of medical and diagnostic information with
providers and families;'';
(C) in paragraph (3), by striking ``and'' at the end;
(D) in paragraph (4)--
(i) by striking ``treatment'' and inserting ``followup
and treatment''; and
(ii) by striking the period and inserting ``; and'';
and
(E) by adding at the end the following:
``(5) to improve the timeliness of--
``(A) the collection, delivery, receipt, and screening of
specimens; and
``(B) the diagnosis of heritable disorders in newborns.'';
(2) in subsection (c), by striking ``application submitted for
a grant under subsection (a)(1)'' and inserting ``application for a
grant under this section'';
(3) in subsection (h), by striking ``application submitted
under subsection (c)(2)'' each place it appears and inserting
``application for a grant under this section''; and
(4) by striking subsection (j) (relating to authorization of
appropriations).
SEC. 3. EVALUATING THE EFFECTIVENESS OF NEWBORN AND CHILD SCREENING AND
FOLLOWUP PROGRAMS.
Section 1110 of the Public Health Service Act (42 U.S.C. 300b-9) is
amended--
(1) in the section heading, by inserting ``and followup'' after
``child screening'';
(2) in subsection (a), by striking ``of screening,'' and
inserting ``, including with respect to timeliness, of screening,
followup,'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``counseling, testing'' and inserting
``treatment, counseling, testing, followup,''; and
(ii) by inserting before the semicolon the following:
``, including, as appropriate, through the assessment of
health and development outcomes for such children through
adolescence'';
(B) in paragraph (2)--
(i) by striking ``counseling, testing'' and inserting
``treatment, counseling, testing, followup,'';
(ii) by inserting ``in a timely manner'' after ``in
newborns and children''; and
(iii) by striking ``or'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(4) methods that may be identified to improve quality in the
diagnosis, treatment, and disease management of heritable disorders
based on gaps in services or care; or
``(5) methods or best practices by which the eligible entities
described in section 1109 can achieve in a timely manner--
``(A) collection, delivery, receipt, and screening of
newborn screening specimens; and
``(B) diagnosis of heritable disorders in newborns.''; and
(4) by striking subsection (d) (relating to authorization of
appropriations).
SEC. 4. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND
CHILDREN.
Section 1111 of the Public Health Service Act (42 U.S.C. 300b-10)
is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (6) through (8), respectively;
(B) by inserting after paragraph (3), the following:
``(4) provide technical assistance, as appropriate, to
individuals and organizations regarding the submission of
nominations to the uniform screening panel, including prior to the
submission of such nominations;
``(5) take appropriate steps, at its discretion, to prepare for
the review of nominations prior to their submission, including for
conditions for which a screening method has been validated but
other nomination criteria are not yet met, in order to facilitate
timely action by the Advisory Committee once such submission has
been received by the Committee;'';
(C) in paragraph (6) (as so redesignated), by inserting ``,
including the cost'' after ``public health impact''; and
(D) in paragraph (8) (as so redesignated)--
(i) in subparagraph (A), by striking ``achieve rapid
diagnosis'' and inserting ``achieve best practices in rapid
diagnosis and appropriate treatment'';
(ii) in subparagraph (D), by inserting before the
semicolon ``, including information on cost and
incidence'';
(iii) in subparagraph (J), by striking ``and'' at the
end;
(iv) in subparagraph (K), by striking the period and
inserting ``; and''; and
(v) by adding at the end the following:
``(L) the timeliness of collection, delivery, receipt, and
screening of specimens to be tested for heritable disorders in
newborns in order to ensure rapid diagnosis and followup.'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``180'' and inserting ``120''; and
(ii) by adding at the end the following: ``If the
Secretary is unable to make a determination to adopt or
reject such recommendation within such 120-day period, the
Secretary shall notify the Advisory Committee and the
appropriate committees of Congress of such determination
together with an explanation for why the Secretary was
unable to comply within such 120-day period, as well as a
plan of action for consideration of such pending
recommendation.'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2); and
(D) by adding at the end the following:
``(3) Deadline for review.--For each condition nominated to be
added to the recommended uniform screening panel in accordance with
the requirements of this section, the Advisory Committee shall
review and vote on the nominated condition within 9 months of the
date on which the Advisory Committee referred the nominated
condition to the condition review workgroup.'';
(3) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively;
(4) by inserting after subsection (e) the following new
subsection:
``(f) Meetings.--The Advisory Committee shall meet at least 4 times
each calendar year, or at the discretion of the Designated Federal
Officer in consultation with the Chair.'';
(5) by amending subsection (g) (as so redesignated) to read as
follows:
``(g) Continuation of Operation of Committee.--
``(1) In general.--Notwithstanding section 14 of the Federal
Advisory Committee Act, the Advisory Committee shall continue to
operate through the end of fiscal year 2019.
``(2) Continuation if not reauthorized.--If at the end of
fiscal year 2019 the duration of the Advisory Committee has not
been extended by statute, the Advisory Committee may be deemed, for
purposes of the Federal Advisory Committee Act, an advisory
committee established by the President or an officer of the Federal
Government under section 9(a) of such Act.''; and
(6) by striking subsection (h) (relating to authorization of
appropriations), as redesignated by paragraph (3).
SEC. 5. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION.
Section 1112 of the Public Health Service Act (42 U.S.C. 300b-11)
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3)--
(i) by striking ``data'' and inserting ``information'';
and
(ii) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) maintain current information on the number of conditions
for which screening is conducted in each State; and
``(5) disseminate available evidence-based guidelines related
to diagnosis, counseling, and treatment with respect to conditions
detected by newborn screening.'';
(2) in subsection (b)(4)(D), by striking ``Newborn Screening
Saves Lives Act of 2008'' and inserting ``Newborn Screening Saves
Lives Reauthorization Act of 2014'';
(3) in subsection (c)--
(A) by striking ``developing the clearinghouse'' and
inserting ``carrying out activities''; and
(B) by striking ``clearinghouse minimizes duplication and
supplements, not supplants'' and inserting ``activities
minimize duplication and supplement, not supplant''; and
(4) by striking subsection (d) (relating to authorization of
appropriations).
SEC. 6. LABORATORY QUALITY AND SURVEILLANCE.
Section 1113 of the Public Health Service Act (42 U.S.C. 300b-12)
is amended--
(1) in the section heading, by inserting ``and surveillance''
before the period;
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``and in consultation with the Advisory Committee'' and
inserting ``and taking into consideration the expertise of the
Advisory Committee''; and
(B) in paragraph (1), by inserting ``timeliness for
processing such tests,'' after ``newborn-screening tests,'';
and
(3) by striking subsection (b) (relating to authorization of
appropriations) and inserting the following:
``(b) Surveillance Activities.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, and taking
into consideration the expertise of the Advisory Committee on Heritable
Disorders in Newborns and Children established under section 1111, may
provide, as appropriate, for the coordination of surveillance
activities, including--
``(1) through standardized data collection and reporting, as
well as the use of electronic health records; and
``(2) by promoting data sharing regarding newborn screening
with State-based birth defects and developmental disabilities
monitoring programs.''.
SEC. 7. INTERAGENCY COORDINATING COMMITTEE ON NEWBORN AND CHILD
SCREENING.
Section 1114 of the Public Health Service Act (42 U.S.C. 300b-13)
is amended--
(1) in subsection (c), by striking ``the Administrator, the
Director of the Agency for Healthcare Research and Quality,'' and
inserting ``the Administrator of the Health Resources and Services
Administration, the Director of the Agency for Healthcare Research
and Quality, the Commissioner of Food and Drugs,''; and
(2) by striking subsection (e) (relating to authorization of
appropriations).
SEC. 8. NATIONAL CONTINGENCY PLAN FOR NEWBORN SCREENING.
Section 1115(a) of the Public Health Service Act (42 U.S.C. 300b-
14(a)) is amended--
(1) by striking ``consortia'' and inserting ``consortium''; and
(2) by adding at the end the following: ``The plan shall be
updated as needed and at least every five years.''.
SEC. 9. HUNTER KELLY RESEARCH PROGRAM.
Section 1116 of the Public Health Service Act (42 U.S.C. 300b-15)
is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) by redesignating subparagraph (C) as subparagraph (E);
and
(C) by inserting after subparagraph (B) the following:
``(C) providing research findings and data for newborn
conditions under review by the Advisory Committee on Heritable
Disorders in Newborns and Children to be added to the
recommended uniform screening panel;
``(D) conducting pilot studies on conditions recommended by
the Advisory Committee on Heritable Disorders in Newborns and
Children to ensure that screenings are ready for nationwide
implementation; and''; and
(2) in subsection (c), by striking ``of the National Institutes
of Health Reform Act of 2006''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Part A of title XI of the Public Health Service Act (42 U.S.C.
300b-1 et seq.) is amended by adding at the end, the following:
``SEC. 1117. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING
PROGRAMS AND ACTIVITIES.
``There are authorized to be appropriated--
``(1) to carry out sections 1109, 1110, 1111, and 1112,
$11,900,000 for each of fiscal years 2015 through 2019; and
``(2) to carry out section 1113, $8,000,000 for each of fiscal
years 2015 through 2019.''.
SEC. 11. REPORTS TO CONGRESS.
(a) GAO Report on Timeliness of Newborn Screening.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall submit a report to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and Commerce
of the House of Representatives concerning the timeliness of
screening for heritable disorders in newborns.
(2) Contents.--The report submitted under paragraph (1) shall
include the following:
(A) An analysis of information regarding the timeliness of
newborn screening, which may include the time elapsed from
birth to specimen collection, specimen collection to receipt by
laboratory, specimen receipt to reporting, reporting to
followup testing, and followup testing to confirmed diagnosis.
(B) A summary of any guidelines, recommendations, or best
practices available to States and health care providers
intended to support a timely newborn screening system.
(C) An analysis of any barriers to maintaining a timely
newborn screening system which may exist and recommendations
for addressing such barriers.
(b) Report by Secretary.--
(1) In general.--The Secretary of Health and Human Services
shall--
(A) not later than 1 year after the date of enactment of
this Act, submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on activities
related to--
(i) newborn screening; and
(ii) screening children who have or are at risk for
heritable disorders; and
(B) not less than every 2 years, submit to such committees
an updated version of such report.
(2) Contents.--The report submitted under this subsection shall
contain a description of--
(A) the ongoing activities under sections 1109, 1110, and
1112 through 1115 of the Public Health Service Act; and
(B) the amounts expended on such activities.
SEC. 12. INFORMED CONSENT FOR NEWBORN SCREENING RESEARCH.
(a) In General.--Research on newborn dried blood spots shall be
considered research carried out on human subjects meeting the
definition of section 46.102(f)(2) of title 45, Code of Federal
Regulations, for purposes of Federally funded research conducted
pursuant to the Public Health Service Act until such time as updates to
the Federal Policy for the Protection of Human Subjects (the Common
Rule) are promulgated pursuant to subsection (c). For purposes of this
subsection, sections 46.116(c) and 46.116(d) of title 45, Code of
Federal Regulations, shall not apply.
(b) Effective Date.--Subsection (a) shall apply only to newborn
dried blood spots used for purposes of Federally funded research that
were collected not earlier than 90 days after the date of enactment of
this Act.
(c) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall
promulgate proposed regulations related to the updating of the Federal
Policy for the Protection of Human Subjects (the Common Rule),
particularly with respect to informed consent. Not later than 2 years
after such date of enactment, the Secretary shall promulgate final
regulations based on such proposed regulations.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
This measure has not been amended since it was passed by the Senate on December 8, 2014. Newborn Screening Saves Lives Reauthorization Act of 2014 - Amends the Public Health Service Act to revise and extend through FY2019 a grant program for screening, counseling, and other services related to heritable disorders that can be detected in newborns. Allows grants to be used to improve timeliness of newborn screening and provide training to health care professionals on the importance of timely screening and on the sharing of medical and diagnostic information with providers and families. Extends through FY2019 a grant program to evaluate the effectiveness of screening, counseling, or health care services in reducing the morbidity and mortality caused by heritable disorders in newborns and children. Expands the program to include evaluation of health outcomes through adolescence and best practices for timely screening of newborns. Extends for five years the operation of the Advisory Committee on Heritable Disorders in Newborns and Children. Authorizes the Secretary of Health and Human Services (HHS) to continue the Advisory Committee after such time. Extends through FY2019 the clearinghouse for newborn screening information. Expands the duties of the clearinghouse to include: (1) maintaining current information on the number of conditions for which screening is conducted in each state. And (2) disseminating guidelines for diagnosis, counseling, and treatment of conditions detected by newborn screening. Extends through FY2019 requirements for the Director of the Centers for Disease Control and Prevention (CDC) to provide for quality assurance of laboratories involved in screening newborns and children for heritable disorders. Authorizes the Director to coordinate surveillance activities, including through standardized data collection and reporting and electronic health records. Makes permanent the Interagency Coordinating Committee on Newborn and Child Screening. Adds the Administrator of the Health Resources and Services Administration and the Commissioner of Food and Drugs (FDA) to this committee. Requires the Director to update the national contingency plan for newborn screening at least every five years. Authorizes the Secretary to expand the Hunter Kelly Newborn Screening Research Program to: (1) provide research and data for newborn conditions under review by the Advisory Committee to be added to the Recommended Uniform Screening Panel, and (2) conduct pilot studies on conditions recommended by the Advisory Committee to ensure that screenings are ready for nationwide implementation. Requires the Comptroller General (GAO) to report on the timeliness of newborn screening. Requires the Secretary to report on newborn screening activities and expenditures. Directs HHS to update the Federal Policy for the Protection of Human Subjects, also known as the Common Rule, not later than two years after enactment of this Act. Applies the following provisions until HHS updates the Common Rule: requires federally funded research on newborn dried blood spots to be considered research on human subjects , and eliminates the ability of an institutional review board to waive informed consent requirements for research on newborn dried blood spots.
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Newborn Screening Saves Lives Reauthorization Act of 2014
| 18,804
| 3,285
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<SECTION-HEADER> SHORT TITLE. TABLE OF CONTENTS. Short Title. This Act may be cited as the "Newborn Screening Saves Lives Reauthorization Act of 2014". Table of Contents. The table of contents of this Act is as follows: <SECTION-HEADER> Short title. Table of contents. <SECTION-HEADER> Improved newborn and child screening and followup for heritable disorders. <SECTION-HEADER> Evaluating the effectiveness of newborn and child screening and followup programs. <SECTION-HEADER> Advisory Committee on Heritable Disorders in Newborns and Children. <SECTION-HEADER> Clearinghouse of Newborn Screening Information. <SECTION-HEADER> Laboratory quality and surveillance. <SECTION-HEADER> Interagency Coordinating Committee on Newborn and Child Screening. <SECTION-HEADER> National contingency plan for newborn screening. <SECTION-HEADER> Hunter Kelly Research Program. <SECTION-HEADER> Authorization of appropriations. <SECTION-HEADER> Reports to Congress. <SECTION-HEADER> Informed consent for newborn screening research. <SECTION-HEADER> IMPROVED NEWBORN AND CHILD SCREENING AND FOLLOWUP FOR HERITABLE DISORDERS. Section 1109 of the Public Health Service Act is amended in subsection (a) in the matter preceding paragraph (1) by striking "subsection (j)" and inserting "section 1117". And by striking "and in consultation with the Advisory Committee" and inserting "and taking into consideration the expertise of the Advisory Committee". By amending paragraph (2) to read as follows: to assist in providing health care professionals and newborn screening laboratory personnel with education in newborn screening, counseling, and training in relevant and new technologies in newborn screening and congenital, genetic, and metabolic disorders. The importance of the timeliness of collection, delivery, receipt, and screening of specimens. And sharing of medical and diagnostic information with providers and families, ", in paragraph (3), by striking "and" at the end. In paragraph (4) by striking "treatment" and inserting "followup and treatment", and by striking the period and inserting ", and". And by adding at the end the following: to improve the timeliness of the collection, delivery, receipt, and screening of specimens, and the diagnosis of heritable disorders in newborns.". In subsection (c), by striking "application submitted for a grant under subsection (a)(1)" and inserting "application for a grant under this section". In subsection (h), by striking "application submitted under subsection (c)(2)" each place it appears and inserting "application for a grant under this section". And by striking subsection (j) . <SECTION-HEADER> EVALUATING THE EFFECTIVENESS OF NEWBORN AND CHILD SCREENING AND FOLLOWUP PROGRAMS. Section 1110 of the Public Health Service Act is amended in the section heading, by inserting "and followup" after "child screening". In subsection (a), by striking "of screening," and inserting ", including with respect to timeliness, of screening, followup,". In subsection (b) in paragraph (1) by striking "counseling, testing" and inserting "treatment, counseling, testing, followup,". And by inserting before the semicolon the following: ", including, as appropriate, through the assessment of health and development outcomes for such children through adolescence". In paragraph (2) by striking "counseling, testing" and inserting "treatment, counseling, testing, followup,". By inserting "in a timely manner" after "in newborns and children", and by striking "or" at the end. In paragraph (3), by striking the period at the end and inserting a semicolon. And by adding at the end the following: methods that may be identified to improve quality in the diagnosis, treatment, and disease management of heritable disorders based on gaps in services or care. Or methods or best practices by which the eligible entities described in section 1109 can achieve in a timely manner collection, delivery, receipt, and screening of newborn screening specimens, and diagnosis of heritable disorders in newborns.". And by striking subsection (d) . <SECTION-HEADER> ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. Section 1111 of the Public Health Service Act is amended in subsection (b) by redesignating paragraphs (4) through (6) as paragraphs (6) through (8), respectively. By inserting after paragraph (3), the following: provide technical assistance, as appropriate, to individuals and organizations regarding the submission of nominations to the uniform screening panel, including prior to the submission of such nominations. Take appropriate steps, at its discretion, to prepare for the review of nominations prior to their submission, including for conditions for which a screening method has been validated but other nomination criteria are not yet met, in order to facilitate timely action by the Advisory Committee once such submission has been received by the Committee, ". In paragraph (6) , by inserting ", including the cost" after "public health impact". And in paragraph (8) in subparagraph (A), by striking "achieve rapid diagnosis" and inserting "achieve best practices in rapid diagnosis and appropriate treatment". In subparagraph (D), by inserting before the semicolon ", including information on cost and incidence", in subparagraph (J), by striking "and" at the end, in subparagraph (K), by striking the period and inserting ", and". And by adding at the end the following: the timeliness of collection, delivery, receipt, and screening of specimens to be tested for heritable disorders in newborns in order to ensure rapid diagnosis and followup.". In subsection (d) in paragraph (1) by striking "180" and inserting "120". And by adding at the end the following: "If the Secretary is unable to make a determination to adopt or reject such recommendation within such 120-day period, the Secretary shall notify the Advisory Committee and the appropriate committees of Congress of such determination together with an explanation for why the Secretary was unable to comply within such 120-day period, as well as a plan of action for consideration of such pending recommendation.", by striking paragraph (2), by redesignating paragraph (3) as paragraph (2). And by adding at the end the following: Deadline for review. For each condition nominated to be added to the recommended uniform screening panel in accordance with the requirements of this section, the Advisory Committee shall review and vote on the nominated condition within 9 months of the date on which the Advisory Committee referred the nominated condition to the condition review workgroup.". By redesignating subsections (f) and (g) as subsections (g) and (h), respectively. By inserting after subsection (e) the following new subsection: Meetings. The Advisory Committee shall meet at least 4 times each calendar year, or at the discretion of the Designated Federal Officer in consultation with the Chair.". By amending subsection (g) to read as follows: Continuation of Operation of Committee. In general. Notwithstanding section 14 of the Federal Advisory Committee Act, the Advisory Committee shall continue to operate through the end of fiscal year 2019. Continuation if not reauthorized. If at the end of fiscal year 2019 the duration of the Advisory Committee has not been extended by statute, the Advisory Committee may be deemed, for purposes of the Federal Advisory Committee Act, an advisory committee established by the President or an officer of the Federal Government under section 9(a) of such Act.". And by striking subsection (h) , as redesignated by paragraph (3). <SECTION-HEADER> CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112 of the Public Health Service Act is amended in subsection (a) in paragraph (2), by striking "and" at the end, in paragraph (3) by striking "data" and inserting "information". And by striking the period at the end and inserting a semicolon. And by adding at the end the following new paragraphs: maintain current information on the number of conditions for which screening is conducted in each State. And disseminate available evidence-based guidelines related to diagnosis, counseling, and treatment with respect to conditions detected by newborn screening.". In subsection (b)(4)(D), by striking "Newborn Screening Saves Lives Act of 2008" and inserting "Newborn Screening Saves Lives Reauthorization Act of 2014". In subsection (c) by striking "developing the clearinghouse" and inserting "carrying out activities". And by striking "clearinghouse minimizes duplication and supplements, not supplants" and inserting "activities minimize duplication and supplement, not supplant". And by striking subsection (d) . <SECTION-HEADER> LABORATORY QUALITY AND SURVEILLANCE. Section 1113 of the Public Health Service Act is amended in the section heading, by inserting "and surveillance" before the period. In subsection (a) in the matter preceding paragraph (1), by striking "and in consultation with the Advisory Committee" and inserting "and taking into consideration the expertise of the Advisory Committee". And in paragraph (1), by inserting "timeliness for processing such tests," after "newborn-screening tests,". And by striking subsection (b) and inserting the following: Surveillance Activities. The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and taking into consideration the expertise of the Advisory Committee on Heritable Disorders in Newborns and Children established under section 1111, may provide, as appropriate, for the coordination of surveillance activities, including through standardized data collection and reporting, as well as the use of electronic health records. And by promoting data sharing regarding newborn screening with State-based birth defects and developmental disabilities monitoring programs.". <SECTION-HEADER> INTERAGENCY COORDINATING COMMITTEE ON NEWBORN AND CHILD SCREENING. Section 1114 of the Public Health Service Act is amended in subsection (c), by striking "the Administrator, the Director of the Agency for Healthcare Research and Quality," and inserting "the Administrator of the Health Resources and Services Administration, the Director of the Agency for Healthcare Research and Quality, the Commissioner of Food and Drugs,". And by striking subsection (e) . <SECTION-HEADER> NATIONAL CONTINGENCY PLAN FOR NEWBORN SCREENING. Section 1115(a) of the Public Health Service Act (42 USC. 300b- 14(a)) is amended by striking "consortia" and inserting "consortium". And by adding at the end the following: "The plan shall be updated as needed and at least every five years.". <SECTION-HEADER> HUNTER KELLY RESEARCH PROGRAM. Section 1116 of the Public Health Service Act is amended in subsection (a)(1) in subparagraph (B), by striking ", and" and inserting a semicolon, by redesignating subparagraph (C) as subparagraph (E). And by inserting after subparagraph (B) the following: providing research findings and data for newborn conditions under review by the Advisory Committee on Heritable Disorders in Newborns and Children to be added to the recommended uniform screening panel. Conducting pilot studies on conditions recommended by the Advisory Committee on Heritable Disorders in Newborns and Children to ensure that screenings are ready for nationwide implementation, and". And in subsection (c), by striking "of the National Institutes of Health Reform Act of 2006". Section 10. AUTHORIZATION OF APPROPRIATIONS. Part A of title XI of the Public Health Service Act is amended by adding at the end, the following: "Section 1117. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. "There are authorized to be appropriated to carry out sections 1109, 1110, 1111, and 1112, $11,900,000 for each of fiscal years 2015 through 2019. And to carry out section 1113, $8,000,000 for each of fiscal years 2015 through 2019.". Section 11. REPORTS TO CONGRESS. GAO Report on Timeliness of Newborn Screening. In general. Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives concerning the timeliness of screening for heritable disorders in newborns. Contents. The report submitted under paragraph (1) shall include the following: An analysis of information regarding the timeliness of newborn screening, which may include the time elapsed from birth to specimen collection, specimen collection to receipt by laboratory, specimen receipt to reporting, reporting to followup testing, and followup testing to confirmed diagnosis. A summary of any guidelines, recommendations, or best practices available to States and health care providers intended to support a timely newborn screening system. An analysis of any barriers to maintaining a timely newborn screening system which may exist and recommendations for addressing such barriers. Report by Secretary. In general. The Secretary of Health and Human Services shall not later than 1 year after the date of enactment of this Act, submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on activities related to newborn screening. And screening children who have or are at risk for heritable disorders. And not less than every 2 years, submit to such committees an updated version of such report. Contents. The report submitted under this subsection shall contain a description of the ongoing activities under sections 1109, 1110, and 1112 through 1115 of the Public Health Service Act. And the amounts expended on such activities. Section 12. INFORMED CONSENT FOR NEWBORN SCREENING RESEARCH. In General. Research on newborn dried blood spots shall be considered research carried out on human subjects meeting the definition of section 46.102(f)(2) of title 45, Code of Federal Regulations, for purposes of Federally funded research conducted pursuant to the Public Health Service Act until such time as updates to the Federal Policy for the Protection of Human Subjects are promulgated pursuant to subsection (c). For purposes of this subsection, sections 46.116(c) and 46.116(d) of title 45, Code of Federal Regulations, shall not apply. Effective Date. Subsection (a) shall apply only to newborn dried blood spots used for purposes of Federally funded research that were collected not earlier than 90 days after the date of enactment of this Act. Regulations. Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate proposed regulations related to the updating of the Federal Policy for the Protection of Human Subjects , particularly with respect to informed consent. Not later than 2 years after such date of enactment, the Secretary shall promulgate final regulations based on such proposed regulations. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
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This measure has not been amended since it was passed by the Senate on December 8, 2014. Newborn Screening Saves Lives Reauthorization Act of 2014 - Amends the Public Health Service Act to revise and extend through FY2019 a grant program for screening, counseling, and other services related to heritable disorders that can be detected in newborns. Allows grants to be used to improve timeliness of newborn screening and provide training to health care professionals on the importance of timely screening and on the sharing of medical and diagnostic information with providers and families. Extends through FY2019 a grant program to evaluate the effectiveness of screening, counseling, or health care services in reducing the morbidity and mortality caused by heritable disorders in newborns and children. Expands the program to include evaluation of health outcomes through adolescence and best practices for timely screening of newborns. Extends for five years the operation of the Advisory Committee on Heritable Disorders in Newborns and Children. Authorizes the Secretary of Health and Human Services (HHS) to continue the Advisory Committee after such time. Extends through FY2019 the clearinghouse for newborn screening information. Expands the duties of the clearinghouse to include: (1) maintaining current information on the number of conditions for which screening is conducted in each state. And (2) disseminating guidelines for diagnosis, counseling, and treatment of conditions detected by newborn screening. Extends through FY2019 requirements for the Director of the Centers for Disease Control and Prevention (CDC) to provide for quality assurance of laboratories involved in screening newborns and children for heritable disorders. Authorizes the Director to coordinate surveillance activities, including through standardized data collection and reporting and electronic health records. Makes permanent the Interagency Coordinating Committee on Newborn and Child Screening. Adds the Administrator of the Health Resources and Services Administration and the Commissioner of Food and Drugs (FDA) to this committee. Requires the Director to update the national contingency plan for newborn screening at least every five years. Authorizes the Secretary to expand the Hunter Kelly Newborn Screening Research Program to: (1) provide research and data for newborn conditions under review by the Advisory Committee to be added to the Recommended Uniform Screening Panel, and (2) conduct pilot studies on conditions recommended by the Advisory Committee to ensure that screenings are ready for nationwide implementation. Requires the Comptroller General (GAO) to report on the timeliness of newborn screening. Requires the Secretary to report on newborn screening activities and expenditures. Directs HHS to update the Federal Policy for the Protection of Human Subjects, also known as the Common Rule, not later than two years after enactment of this Act. Applies the following provisions until HHS updates the Common Rule: requires federally funded research on newborn dried blood spots to be considered research on human subjects , and eliminates the ability of an institutional review board to waive informed consent requirements for research on newborn dried blood spots.
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Newborn Screening Saves Lives Reauthorization Act of 2014
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111_hr4296
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mechanical Insulation Installation
Incentive Act of 2009''.
SEC. 2. EXPENSING OF MECHANICAL INSULATION PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 of subtitle A
of the Internal Revenue Code of 1986 (relating to itemized deductions
for individuals and corporations) is amended by inserting after section
179E the following new section:
``SEC. 179F. MECHANICAL INSULATION PROPERTY.
``(a) Treatment as Expenses.--There shall be allowed as a deduction
an amount equal to the applicable percentage of the cost of mechanical
insulation property placed in service during the taxable year.
``(b) Applicable Percentage.--For purposes of subsection (a)--
``(1) In general.--The term `applicable percentage' means
the lesser of--
``(A) 30 percent, and
``(B) the excess (if any) of--
``(i) the energy savings (expressed as a
percentage) obtained by placing such mechanical
insulation property in service in connection
with a mechanical system, over
``(ii) the energy savings (expressed as a
percentage) such property is required to meet
by Standard 90.1-2007, developed and published
by the American Society of Heating,
Refrigerating and Air-Conditioning Engineers.
``(2) Special rule relating to maintenance.--In the case of
mechanical insulation property placed in service as a
replacement for insulation property--
``(A) paragraph (1)(B) shall be applied without
regard to clause (ii) thereof, and
``(B) the cost of such property shall be treated as
an expense for which a deduction is allowed under
section 162 instead of being treated as depreciable for
purposes of the deduction provided by section 167.
``(c) Definitions.--For purposes of this section--
``(1) Mechanical insulation property.--The term `mechanical
insulation property' means insulation materials, facings, and
accessory products--
``(A) placed in service in connection with a
mechanical system which--
``(i) is located in the United States, and
``(ii) is of a character subject to an
allowance for depreciation, and
``(B) utilized for thermal, acoustical, and
personnel safety requirements for mechanical piping and
equipment, hot and cold applications, and heating,
venting and air conditioning applications which can be
used in a variety of facilities.
``(2) Cost.--The cost of mechanical insulation property
includes--
``(A) the amounts paid or incurred for the
installation of such property,
``(B) in the case of removal and disposal of the
old mechanical insulation property, 10 percent of the
cost of the new mechanical insulation property
(determined without regard to this subparagraph), and
``(C) expenditures for labor costs properly
allocable to the preparation, assembly, and
installation of mechanical insulation property.
``(d) Coordination.--
``(1) Section 179d.--Subsection (a) shall not apply to the
cost of mechanical insulation property which is taken into
account under section 179D or which, but for subsection (b) of
section 179D, would be taken into account under such section.
``(2) Other deductions and credits.--
``(A) In general.--The amount of any other
deduction or credit allowable under this chapter for
any cost of mechanical insulation property which is
taken into account under subsection (a) shall be
reduced by the amount of such cost so taken into
account.
``(B) Exception for certain costs.--Subparagraph
(A) shall not apply to any amount properly attributable
to maintenance.
``(e) Allocation of Deduction for Tax-Exempt Property.--In the case
of mechanical insulation property installed on or in property owned by
an entity described in paragraph (3) or (4) of section 50(b), the
person who is the primary contractor for the installation of such
property shall be treated as the taxpayer that placed such property in
service.
``(f) Certification.--For purposes of this section, energy savings
shall be certified under regulations or other guidance provided by the
Secretary, in consultation with the Secretary of Energy.''.
(b) Deduction for Capital Expenditures.--Section 263(a)(1) of such
Code (relating to capital expenditures) is amended by striking ``or''
at the end of subparagraph (K), by striking the period at the end of
paragraph (L) and inserting ``, or'', and by adding at the end the
following new subparagraph:
``(M) expenditures for which a deduction is allowed
under section 179F.''.
(c) Technical and Clerical Amendments.--
(1) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179E'' each place it appears in the text or
heading thereof and inserting ``179E, or 179F''.
(2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such
Code are each amended by inserting ``179F,'' after ``179E,''.
(3) The table of sections for part VI of subchapter B of
chapter 1 of subtitle A of such Code is amended by inserting
after the item relating to section 179E the following new item:
``Sec. 179F. Mechanical insulation property.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of enactment of this
Act.
|
Mechanical Insulation Installation Incentive Act of 2009 - Amends the Internal Revenue Code to allow a tax deduction for a specified percentage of the cost, including labor costs, of installing and maintaining mechanical insulation property. Defines mechanical insulation property as insulation materials, facings, and accessory products placed in service in connection with a mechanical system which is utilized for thermal, acoustical, and personnel safety requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities.
|
To amend the Internal Revenue Code of 1986 to provide a tax incentive for the installation and maintenance of mechanical insulation property.
| 6,313
| 636
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Mechanical Insulation Installation Incentive Act of 2009". <SECTION-HEADER> EXPENSING OF MECHANICAL INSULATION PROPERTY. In General. Part VI of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended by inserting after section 179E the following new section: "Section 179F. MECHANICAL INSULATION PROPERTY. Treatment as Expenses. There shall be allowed as a deduction an amount equal to the applicable percentage of the cost of mechanical insulation property placed in service during the taxable year. Applicable Percentage. For purposes of subsection (a) In general. The term `applicable percentage' means the lesser of 30 percent, and the excess of the energy savings obtained by placing such mechanical insulation property in service in connection with a mechanical system, over the energy savings such property is required to meet by Standard 90.1-2007, developed and published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers. Special rule relating to maintenance. In the case of mechanical insulation property placed in service as a replacement for insulation property paragraph (1)(B) shall be applied without regard to clause (ii) thereof, and the cost of such property shall be treated as an expense for which a deduction is allowed under section 162 instead of being treated as depreciable for purposes of the deduction provided by section 167. Definitions. For purposes of this section Mechanical insulation property. The term `mechanical insulation property' means insulation materials, facings, and accessory products placed in service in connection with a mechanical system which is located in the United States, and is of a character subject to an allowance for depreciation, and utilized for thermal, acoustical, and personnel safety requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities. Cost. The cost of mechanical insulation property includes the amounts paid or incurred for the installation of such property, in the case of removal and disposal of the old mechanical insulation property, 10 percent of the cost of the new mechanical insulation property , and expenditures for labor costs properly allocable to the preparation, assembly, and installation of mechanical insulation property. Coordination. Section 179d. Subsection (a) shall not apply to the cost of mechanical insulation property which is taken into account under section 179D or which, but for subsection (b) of section 179D, would be taken into account under such section. Other deductions and credits. In general. The amount of any other deduction or credit allowable under this chapter for any cost of mechanical insulation property which is taken into account under subsection (a) shall be reduced by the amount of such cost so taken into account. Exception for certain costs. Subparagraph shall not apply to any amount properly attributable to maintenance. Allocation of Deduction for Tax-Exempt Property. In the case of mechanical insulation property installed on or in property owned by an entity described in paragraph (3) or (4) of section 50(b), the person who is the primary contractor for the installation of such property shall be treated as the taxpayer that placed such property in service. Certification. For purposes of this section, energy savings shall be certified under regulations or other guidance provided by the Secretary, in consultation with the Secretary of Energy.". Deduction for Capital Expenditures. Section 263(a)(1) of such Code is amended by striking "or" at the end of subparagraph (K), by striking the period at the end of paragraph (L) and inserting ", or", and by adding at the end the following new subparagraph: expenditures for which a deduction is allowed under section 179F.". Technical and Clerical Amendments. Section 312(k)(3)(B) of such Code is amended by striking "or 179E" each place it appears in the text or heading thereof and inserting "179E, or 179F". Paragraphs (2)(C) and (3)(C) of section 1245(a) of such Code are each amended by inserting "179F," after "179E,". The table of sections for part VI of subchapter B of chapter 1 of subtitle A of such Code is amended by inserting after the item relating to section 179E the following new item: "Section 179F. Mechanical insulation property.". Effective Date. The amendments made by this section shall apply to property placed in service after the date of enactment of this Act.
|
Mechanical Insulation Installation Incentive Act of 2009 - Amends the Internal Revenue Code to allow a tax deduction for a specified percentage of the cost, including labor costs, of installing and maintaining mechanical insulation property. Defines mechanical insulation property as insulation materials, facings, and accessory products placed in service in connection with a mechanical system which is utilized for thermal, acoustical, and personnel safety requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities.
|
To amend the Internal Revenue Code of 1986 to provide a tax incentive for the installation and maintenance of mechanical insulation property.
|
112_s1577
|
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Greater Research
Opportunities With Tax Help Act'' or ``GROWTH Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. PERMANENT EXTENSION AND MODIFICATION OF RESEARCH CREDIT.
(a) Simplified Credit for Qualified Research Expenses.--Subsection
(a) of section 41 is amended to read as follows:
``(a) General Rule.--For purposes of section 38, the research
credit determined under this section for the taxable year shall be an
amount equal to 20 percent of so much of the qualified research
expenses for the taxable year as exceeds 50 percent of the average
qualified research expenses for the 3 taxable years preceding the
taxable year for which the credit is being determined.''.
(b) Special Rules and Termination of Base Amount Calculation.--
(1) In general.--Subsection (c) of section 41 is amended to
read as follows:
``(c) Special Rule in Case of No Qualified Research Expenses in Any
of 3 Preceding Taxable Years.--
``(1) Taxpayers to which subsection applies.--The credit
under this section shall be determined under this subsection,
and not under subsection (a), if, in any one of the 3 taxable
years preceding the taxable year for which the credit is being
determined, the taxpayer has no qualified research expenses.
``(2) Credit rate.--The credit determined under this
subsection shall be equal to 10 percent of the qualified
research expenses for the taxable year.''.
(2) Consistent treatment of expenses.--Subsection (b) of
section 41 is amended by adding at the end the following new
paragraph:
``(5) Consistent treatment of expenses required.--
``(A) In general.--Notwithstanding whether the
period for filing a claim for credit or refund has
expired for any taxable year in the 3-taxable-year
period taken into account under subsection (a), the
qualified research expenses taken into account for such
year shall be determined on a basis consistent with the
determination of qualified research expenses for the
credit year.
``(B) Prevention of distortions.--The Secretary may
prescribe regulations to prevent distortions in
calculating a taxpayer's qualified research expenses
caused by a change in accounting methods used by such
taxpayer between the credit year and a year in such 3-
taxable-year period.''.
(c) Inclusion of Qualified Research Expenses of an Acquired
Person.--
(1) Partial inclusion of pre-acquisition qualified research
expenses.--Subparagraph (A) of section 41(f)(3) is amended to
read as follows:
``(A) Acquisitions.--
``(i) In general.--If a person acquires the
major portion of a trade or business of another
person (hereinafter in this paragraph referred
to as the `predecessor') or the major portion
of a separate unit of a trade or business of a
predecessor, then the amount of qualified
research expenses paid or incurred by the
acquiring person during the 3 taxable years
preceding the taxable year in which the credit
under this section is determined shall be
increased by--
``(I) for purposes of applying this
section for the taxable year in which
such acquisition is made, the amount
determined under clause (ii), and
``(II) for purposes of applying
this section for any taxable year after
the taxable year in which such
acquisition is made, so much of the
qualified research expenses paid or
incurred by the predecessor with
respect to the acquired trade or
business during the portion of the
measurement period that is part of the
3-taxable-year period preceding the
taxable year for which the credit is
determined as is attributable to the
portion of such trade or business or
separate unit acquired by such person.
``(ii) Amount determined.--The amount
determined under this clause is the amount
equal to the product of--
``(I) so much of the qualified
research expenses paid or incurred by
the predecessor with respect to the
acquired trade or business during the 3
taxable years before the taxable year
in which the acquisition is made as is
attributable to the portion of such
trade or business or separate unit
acquired by the acquiring person, and
``(II) the number of months in the
period beginning on the date of the
acquisition and ending on the last day
of the taxable year in which the
acquisition is made,
divided by 12.
``(iii) Special rules for coordinating
taxable years.--In the case of an acquiring
person and a predecessor whose taxable years do
not begin on the same date--
``(I) each reference to a taxable
year in clauses (i) and (ii) shall
refer to the appropriate taxable year
of the acquiring person,
``(II) the qualified research
expenses paid or incurred by the
predecessor during each taxable year of
the predecessor any portion of which is
part of the measurement period shall be
allocated equally among the months of
such taxable year, and
``(III) the amount of such
qualified research expenses taken into
account under clauses (i) and (ii) with
respect to a taxable year of the
acquiring person shall be equal to the
total of the expenses attributable
under subclause (II) to the months
occurring during such taxable year.
``(iv) Measurement period.--For purposes of
this subparagraph, the term `measurement
period' means the taxable year of the acquiring
person in which the acquisition is made and the
3 taxable years of the acquiring person
preceding such taxable year.''.
(2) Expenses of a disposing person.--Subparagraph (B) of
section 41(f)(3) is amended to read as follows:
``(B) Dispositions.--If a person disposes of the
major portion of any trade or business or the major
portion of a separate unit of a trade or business in a
transaction to which subparagraph (A) applies, and the
disposing person furnished to the acquiring person such
information as is necessary for the application of
subparagraph (A), then, for purposes of applying this
section for any taxable year ending after such
disposition, the amount of qualified research expenses
paid or incurred by the disposing person during the 3
taxable years preceding such taxable year shall be
decreased by the amount of the increase determined
under subparagraph (A) with respect to the acquiring
person for such taxable year.''.
(d) Aggregation of Expenditures.--Paragraph (1) of section 41(f) is
amended--
(1) by striking ``shall be its proportionate shares of the
qualified research expenses, basic research payments, and
amounts paid or incurred to energy research consortiums, giving
rise to the credit'' in subparagraph (A)(ii) and inserting
``shall be determined on a proportionate basis to its share of
the aggregate qualified research expenses taken into account by
such controlled group for purposes of this section'', and
(2) by striking ``shall be its proportionate shares of the
qualified research expenses, basic research payments, and
amounts paid or incurred to energy research consortiums, giving
rise to the credit'' in subparagraph (B)(ii) and inserting
``shall be determined on a proportionate basis to its share of
the aggregate qualified research expenses taken into account by
all such persons under common control for purposes of this
section''.
(e) Permanent Extension.--
(1) Section 41 is amended by striking subsection (h).
(2) Paragraph (1) of section 45C(b) is amended by striking
subparagraph (D).
(f) Conforming Amendments.--
(1) Termination of basic research payment calculation.--
Section 41 is amended--
(A) by striking subsection (e),
(B) by redesignating subsection (g) as subsection
(e), and
(C) by relocating subsection (e), as so
redesignated, immediately after subsection (d).
(2) Special rules.--
(A) Paragraph (4) of section 41(f) is amended by
striking ``and gross receipts''.
(B) Subsection (f) of section 41 is amended by
striking paragraph (6).
(3) Cross-references.--
(A) Paragraph (2) of section 45C(c) is amended by
striking ``base period research expenses'' and
inserting ``average qualified research expenses''.
(B) Subparagraph (A) of section 54(l)(3) is amended
by striking ``section 41(g)'' and inserting ``section
41(e)''.
(C) Clause (i) of section 170(e)(4)(B) is amended
to read as follows:
``(i) the contribution is to a qualified
organization,''.
(D) Paragraph (4) of section 170(e) is amended by
adding at the end the following new subparagraph:
``(E) Qualified organization.--For purposes of this
paragraph, the term `qualified organization' means--
``(i) any educational organization which--
``(I) is an institution of higher
education (within the meaning of
section 3304(f)), and
``(II) is described in subsection
(b)(1)(A)(ii), or
``(ii) any organization not described in
clause (i) which--
``(I) is described in section
501(c)(3) and is exempt from tax under
section 501(a),
``(II) is organized and operated
primarily to conduct scientific
research, and
``(III) is not a private
foundation.''.
(E) Section 280C is amended--
(i) by striking ``or basic research
expenses (as defined in section 41(e)(2))'' in
subsection (c)(1),
(ii) by striking ``section 41(a)(1)'' in
subsection (c)(2)(A) and inserting ``section
41(a)'', and
(iii) by striking ``or basic research
expenses'' in subsection (c)(2)(B).
(F) Clause (i) of section 1400N(l)(7)(B) is amended
by striking ``section 41(g)'' and inserting ``section
41(e)''.
(g) Technical Corrections.--Section 409 is amended--
(1) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (b)(1)(A),
(2) by inserting ``, as in effect before the enactment of
the Tax Reform Act of 1984'' after ``relating to the employee
stock ownership credit'' in subsection (b)(4),
(3) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (i)(1)(A),
(4) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
subsection (m),
(5) by inserting ``(as so in effect)'' after ``section
48(n)(1)'' in subsection (m),
(6) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 48(n)'' in
subsection (q)(1), and
(7) by inserting ``(as in effect before the enactment of
the Tax Reform Act of 1984)'' after ``section 41'' in
subsection (q)(3).
(h) Effective Date.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the amendments made by this section shall apply to taxable
years beginning after December 31, 2011.
(2) Permanent extension.--The amendments made by subsection
(e) shall apply to amounts paid or incurred after December 31,
2011.
(3) Technical corrections.--The amendments made by
subsection (g) shall take effect on the date of the enactment
of this Act.
|
Greater Research Opportunities with Tax Help Act or GROWTH Act - Amends the Internal Revenue Code to: (1) increase from 14 to 20 the rate of the tax credit for increasing research activities, (2) modify rules for calculating such credit, and (3) make such credit permanent.
|
A bill to amend the Internal Revenue Code of 1986 to increase and make permanent the alternative simplified research credit, and for other purposes.
| 15,784
| 273
|
<SECTION-HEADER> SHORT TITLE. AMENDMENT OF 1986 CODE. Short Title. This Act may be cited as the "Greater Research Opportunities With Tax Help Act" or "GROWTH Act". Amendment of 1986 Code. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. <SECTION-HEADER> PERMANENT EXTENSION AND MODIFICATION OF RESEARCH CREDIT. Simplified Credit for Qualified Research Expenses. Subsection of section 41 is amended to read as follows: General Rule. For purposes of section 38, the research credit determined under this section for the taxable year shall be an amount equal to 20 percent of so much of the qualified research expenses for the taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined.". Special Rules and Termination of Base Amount Calculation. In general. Subsection (c) of section 41 is amended to read as follows: Special Rule in Case of No Qualified Research Expenses in Any of 3 Preceding Taxable Years. Taxpayers to which subsection applies. The credit under this section shall be determined under this subsection, and not under subsection (a), if, in any one of the 3 taxable years preceding the taxable year for which the credit is being determined, the taxpayer has no qualified research expenses. Credit rate. The credit determined under this subsection shall be equal to 10 percent of the qualified research expenses for the taxable year.". Consistent treatment of expenses. Subsection (b) of section 41 is amended by adding at the end the following new paragraph: Consistent treatment of expenses required. In general. Notwithstanding whether the period for filing a claim for credit or refund has expired for any taxable year in the 3-taxable-year period taken into account under subsection (a), the qualified research expenses taken into account for such year shall be determined on a basis consistent with the determination of qualified research expenses for the credit year. Prevention of distortions. The Secretary may prescribe regulations to prevent distortions in calculating a taxpayer's qualified research expenses caused by a change in accounting methods used by such taxpayer between the credit year and a year in such 3- taxable-year period.". Inclusion of Qualified Research Expenses of an Acquired Person. Partial inclusion of pre-acquisition qualified research expenses. Subparagraph (A) of section 41(f)(3) is amended to read as follows: Acquisitions. In general. If a person acquires the major portion of a trade or business of another person or the major portion of a separate unit of a trade or business of a predecessor, then the amount of qualified research expenses paid or incurred by the acquiring person during the 3 taxable years preceding the taxable year in which the credit under this section is determined shall be increased by for purposes of applying this section for the taxable year in which such acquisition is made, the amount determined under clause (ii), and for purposes of applying this section for any taxable year after the taxable year in which such acquisition is made, so much of the qualified research expenses paid or incurred by the predecessor with respect to the acquired trade or business during the portion of the measurement period that is part of the 3-taxable-year period preceding the taxable year for which the credit is determined as is attributable to the portion of such trade or business or separate unit acquired by such person. Amount determined. The amount determined under this clause is the amount equal to the product of so much of the qualified research expenses paid or incurred by the predecessor with respect to the acquired trade or business during the 3 taxable years before the taxable year in which the acquisition is made as is attributable to the portion of such trade or business or separate unit acquired by the acquiring person, and the number of months in the period beginning on the date of the acquisition and ending on the last day of the taxable year in which the acquisition is made, divided by 12. Special rules for coordinating taxable years. In the case of an acquiring person and a predecessor whose taxable years do not begin on the same date each reference to a taxable year in clauses (i) and (ii) shall refer to the appropriate taxable year of the acquiring person, the qualified research expenses paid or incurred by the predecessor during each taxable year of the predecessor any portion of which is part of the measurement period shall be allocated equally among the months of such taxable year, and the amount of such qualified research expenses taken into account under clauses (i) and (ii) with respect to a taxable year of the acquiring person shall be equal to the total of the expenses attributable under subclause (II) to the months occurring during such taxable year. Measurement period. For purposes of this subparagraph, the term `measurement period' means the taxable year of the acquiring person in which the acquisition is made and the 3 taxable years of the acquiring person preceding such taxable year.". Expenses of a disposing person. Subparagraph (B) of section 41(f)(3) is amended to read as follows: Dispositions. If a person disposes of the major portion of any trade or business or the major portion of a separate unit of a trade or business in a transaction to which subparagraph (A) applies, and the disposing person furnished to the acquiring person such information as is necessary for the application of subparagraph (A), then, for purposes of applying this section for any taxable year ending after such disposition, the amount of qualified research expenses paid or incurred by the disposing person during the 3 taxable years preceding such taxable year shall be decreased by the amount of the increase determined under subparagraph (A) with respect to the acquiring person for such taxable year.". Aggregation of Expenditures. Paragraph (1) of section 41(f) is amended by striking "shall be its proportionate shares of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, giving rise to the credit" in subparagraph (A)(ii) and inserting "shall be determined on a proportionate basis to its share of the aggregate qualified research expenses taken into account by such controlled group for purposes of this section", and by striking "shall be its proportionate shares of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, giving rise to the credit" in subparagraph (B)(ii) and inserting "shall be determined on a proportionate basis to its share of the aggregate qualified research expenses taken into account by all such persons under common control for purposes of this section". Permanent Extension. Section 41 is amended by striking subsection (h). Paragraph (1) of section 45C(b) is amended by striking subparagraph (D). Conforming Amendments. Termination of basic research payment calculation. Section 41 is amended by striking subsection (e), by redesignating subsection (g) as subsection , and by relocating subsection (e), as so redesignated, immediately after subsection (d). Special rules. Paragraph (4) of section 41(f) is amended by striking "and gross receipts". Subsection (f) of section 41 is amended by striking paragraph (6). Cross-references. Paragraph (2) of section 45C(c) is amended by striking "base period research expenses" and inserting "average qualified research expenses". Subparagraph (A) of section 54(l)(3) is amended by striking "section 41(g)" and inserting "section 41(e)". Clause (i) of section 170(e)(4)(B) is amended to read as follows: the contribution is to a qualified organization,". Paragraph (4) of section 170(e) is amended by adding at the end the following new subparagraph: Qualified organization. For purposes of this paragraph, the term `qualified organization' means any educational organization which is an institution of higher education (within the meaning of section 3304(f)), and is described in subsection (1)(A)(ii), or any organization not described in clause (i) which is described in section 501(c)(3) and is exempt from tax under section 501(a), is organized and operated primarily to conduct scientific research, and is not a private foundation.". Section 280C is amended by striking "or basic research expenses (as defined in section 41(e)(2))" in subsection (c)(1), by striking "section 41(a)(1)" in subsection (c)(2)(A) and inserting "section 41(a)", and by striking "or basic research expenses" in subsection (c)(2)(B). Clause (i) of section 1400N(l)(7)(B) is amended by striking "section 41(g)" and inserting "section 41(e)". Technical Corrections. Section 409 is amended " after "section 41(c)(1)(B)" in subsection (b)(1)(A), by inserting ", as in effect before the enactment of the Tax Reform Act of 1984" after "relating to the employee stock ownership credit" in subsection (b)(4), by inserting "" after "section 41(c)(1)(B)" in subsection (i)(1)(A), by inserting "" after "section 41(c)(1)(B)" in subsection (m), by inserting "" after "section 48(n)(1)" in subsection (m), by inserting "" after "section 48(n)" in subsection (q)(1), and by inserting "" after "section 41" in subsection (q)(3). Effective Date. In general. Except as provided in paragraphs (2) and , the amendments made by this section shall apply to taxable years beginning after December 31, 2011. Permanent extension. The amendments made by subsection shall apply to amounts paid or incurred after December 31, 2011. Technical corrections. The amendments made by subsection (g) shall take effect on the date of the enactment of this Act.
|
Greater Research Opportunities with Tax Help Act or GROWTH Act - Amends the Internal Revenue Code to: (1) increase from 14 to 20 the rate of the tax credit for increasing research activities, (2) modify rules for calculating such credit, and (3) make such credit permanent.
|
A bill to amend the Internal Revenue Code of 1986 to increase and make permanent the alternative simplified research credit, and for other purposes.
|
106_s3034
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Refinement Amendments of
2000''.
SEC. 2. ELIMINATION OF 15 PERCENT REDUCTION IN PAYMENT RATES UNDER THE
MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH
SERVICES.
(a) In General.--Section 1895(b)(3)(A) of the Social Security Act
(42 U.S.C. 1395fff(b)(3)(A)), as amended by sections 302(b) and 303(f)
of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of
1999 (113 Stat. 1501A-359, 361), as enacted into law by section
1000(a)(6) of Public Law 106-113, is amended to read as follows:
``(A) Initial basis.--Under such system the
Secretary shall provide for computation of a standard
prospective payment amount (or amounts). Such amount
(or amounts) shall initially be based on the most
current audited cost report data available to the
Secretary and shall be computed in a manner so that the
total amounts payable under the system for the 12-month
period beginning on the date the Secretary implements
the system shall be equal to the total amount that
would have been made if the system had not been in
effect and if section 1861(v)(1)(L)(ix) had not been
enacted. Each such amount shall be standardized in a
manner that eliminates the effect of variations in
relative case mix and area wage adjustments among
different home health agencies in a budget neutral
manner consistent with the case mix and wage level
adjustments provided under paragraph (4)(A). Under the
system, the Secretary may recognize regional
differences or differences based upon whether or not
the services or agency are in an urbanized area.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Medicare, Medicaid,
and SCHIP Balanced Budget Refinement Act of 1999 (Public Law 106-113).
SEC. 3. ADDITIONAL PAYMENTS FOR OUTLIERS.
(a) In General.--Section 1895(b)(5) of the Social Security Act (42
U.S.C. 1395fff(b)(5)) is amended--
(1) by striking ``Outliers.--The Secretary'' and inserting
the following (and conforming the indentation of the succeeding
matter accordingly): ``Outliers.--
``(A) In general.--The Secretary''; and
(2) by adding at the end the following new subparagraph:
``(B) Temporary additional payments for outliers.--
For the purposes described in the first sentence of
subparagraph (A), there are authorized to be
appropriated from the trust funds (as defined in
section 1896(a)(8)) in appropriate part, as determined
by the Secretary, for each of fiscal years 2001 through
2005 an amount equal to $500,000,000. Such amounts
shall be in addition to amounts available for payment
under this section and shall not result in an reduction
of the standard prospective payment amount (or
amounts). In making payments under this subparagraph,
the Secretary shall use a loss-sharing ratio of 90
percent.''.
(b) Conforming Amendment.--Section 1895(b)(3)(C) of such Act (42
U.S.C. 1395fff(b)(3)(C)) is amended by striking ``paragraph (5)'' and
inserting ``paragraph (5)(A)''.
SEC. 4. ADDITIONAL PAYMENTS UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR
SERVICES FURNISHED IN RURAL AREAS AND SECURITY SERVICES.
(a) Increase in Payment Rates for Rural Agencies.--Section 1895(b)
of the Social Security Act (42 U.S.C. 1395fff(b)) is amended by adding
at the end the following new paragraph:
``(7) Additional payment amount for services furnished in
rural areas.--In the case of home health services furnished in
a rural area (as defined in section 1886(d)(2)(D)),
notwithstanding any other provision of this subsection, the
amount of payment for such services is equal to 110 percent of
the payment amount otherwise made under this section (but for
this paragraph) for services furnished in a rural area.''.
(b) Additional Payment for Security Services.--Section 1895(b) of
such Act (42 U.S.C. 1395fff(b)(3)), as amended by subsection (a), is
further amended by adding at the end the following paragraph:
``(8) Additional payment for security services.--The
Secretary shall provide for an addition or adjustment to the
payment amount otherwise made under this section for the
reasonable cost (as defined in section 1861(v)(1)(A)) of
furnishing protective services to individuals furnishing home
health services under this title in areas where such
individuals are at risk of physical harm, as determined by the
Secretary.''.
(c) Inapplicability of Adjustments for Budget Neutrality.--Section
1895(b)(3) of such Act (42 U.S.C. 1395fff(b)(3)) is amended by adding
at the end the following new subparagraph:
``(D) No adjustment for additional payments for
rural services and security services.--The Secretary
shall not reduce the standard prospective payment
amount (or amounts) under this paragraph applicable to
home health services furnished during a period to
offset the increase in payments resulting from the
application of paragraph (7) (relating to services
furnished in rural areas) and paragraph (8) (relating
to costs of security services).''.
(d) Effective Date.--The amendments made by this section apply with
respect to items and services furnished on or after October 1, 2000.
SEC. 5. EXCLUSION OF NONROUTINE MEDICAL SUPPLIES UNDER THE PPS FOR HOME
HEALTH SERVICES.
(a) In General.--Section 1895 of the Social Security Act (42 U.S.C.
1395fff) is amended by adding at the end the following new subsection:
``(e) Exclusion of Nonroutine Medical Supplies.--
``(1) In general.--Notwithstanding the preceding provisions
of this section, in the case of all nonroutine medical supplies
(as defined by the Secretary) furnished by a home health agency
during a year (beginning with 2001) for which payment is
otherwise made on the basis of the prospective payment amount
under this section, payment under this section shall instead be
based on the lesser of--
``(A) the actual charge for the nonroutine medical
supply, or
``(B) the amount determined for such supply under
the applicable fee schedule under part B.
``(2) Budget neutrality adjustment.--The Secretary shall
provide for an appropriate proportional reduction in payments
under this section so that beginning with fiscal year 2001, the
aggregate amount of such reductions is equal to the aggregate
increase in payments (as estimated by the Secretary)
attributable to the exclusion effected under paragraph (1).''.
(b) Conforming Amendments.--(1) Section 1895(b)(1) of the Social
Security Act (42 U.S.C. 1395fff(b)(1)) is amended by striking ``The
Secretary'' and inserting ``Subject to subsection (e), the Secretary''.
(2) Sections 1842(b)(6)(F) and 1862(a)(21) of the Social Security
Act (42 U.S.C. 1395u(b)(6)(F); 1395y(a)(21)) are each amended by
striking ``(including medical supplies described in section 1861(m)(5),
but excluding durable medical equipment to the extent provided for in
such section)'' and inserting ``(other than medical supplies and
durable medical equipment described in section 1861(m)(5))''.
(c) Effective Date.--The amendments made by this section apply with
respect to items and services furnished on or after October 1, 2000.
SEC. 6. RULE OF CONSTRUCTION RELATING TO TELEHOMEHEALTH SERVICES.
(a) In General.--Section 1895(b) of such Act (42 U.S.C.
1395fff(b)(3)), as amended by section 3, is further amended by adding
at the end the following paragraph:
``(9) Rule of construction relating to telehomehealth
services.--
``(A) In general.--Nothing in this section, or in
section 4206(a) of the Balanced Budget Act of 1997 (42
U.S.C. 1395l note), shall be construed as preventing a
home health agency receiving payment under this section
from furnishing a home health service via a
telecommunications system. Each home health agency that
submits a cost report to the Secretary under this
section shall include, in such cost report, data with
respect to the costs incurred in furnishing home health
services to medicare beneficiaries via such
telecommunications systems.
``(B) Limitation.--The Secretary shall not consider
a home health service provided in the manner described
in subparagraph (A) to be a home health visit for
purposes of--
``(i) determining the amount of payment to
be made under this section; or
``(ii) any requirement relating to the
certification of a physician required under
section 1814(a)(2)(C).''.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
submit to Congress a report containing the recommendations of the
Secretary with respect to the feasibility and advisability of including
home health services furnished by telecommunications systems as a home
health service for purposes of--
(1) payment for such services under section 1895 of the
Social Security Act (42 U.S.C. 1395fff), and
(2) requirements with respect to physician certification of
the need for home health services under section 1814(a)(2)(C)
of such Act (42 U.S.C. 1395f(a)(2)(C)).
|
Directs the Secretary of Health and Human Services to report to Congress on the feasibility and advisability of including home health services furnished by telecommunications systems as a home health service.
|
Home Health Refinement Amendments of 2000
| 10,627
| 208
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Home Health Refinement Amendments of 2000". <SECTION-HEADER> ELIMINATION OF 15 PERCENT REDUCTION IN PAYMENT RATES UNDER THE MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH SERVICES. In General. Section 1895(b)(3)(A) of the Social Security Act (42 USC. 1395fff(b)(3)(A)), as amended by sections 302(b) and 303(f) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 , as enacted into law by section 1000(a)(6) of Public Law 106-113, is amended to read as follows: Initial basis. Under such system the Secretary shall provide for computation of a standard prospective payment amount . Such amount shall initially be based on the most current audited cost report data available to the Secretary and shall be computed in a manner so that the total amounts payable under the system for the 12-month period beginning on the date the Secretary implements the system shall be equal to the total amount that would have been made if the system had not been in effect and if section 1861(v)(1)(L)(ix) had not been enacted. Each such amount shall be standardized in a manner that eliminates the effect of variations in relative case mix and area wage adjustments among different home health agencies in a budget neutral manner consistent with the case mix and wage level adjustments provided under paragraph (4)(A). Under the system, the Secretary may recognize regional differences or differences based upon whether or not the services or agency are in an urbanized area.". Effective Date. The amendment made by subsection (a) shall take effect as if included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 . <SECTION-HEADER> ADDITIONAL PAYMENTS FOR OUTLIERS. In General. Section 1895(b)(5) of the Social Security Act (42 USC. 1395fff(b)(5)) is amended by striking "Outliers. The Secretary" and inserting the following : "Outliers. In general. The Secretary". And by adding at the end the following new subparagraph: Temporary additional payments for outliers. For the purposes described in the first sentence of subparagraph (A), there are authorized to be appropriated from the trust funds (as defined in section 1896(a)(8)) in appropriate part, as determined by the Secretary, for each of fiscal years 2001 through 2005 an amount equal to $500,000,000. Such amounts shall be in addition to amounts available for payment under this section and shall not result in an reduction of the standard prospective payment amount . In making payments under this subparagraph, the Secretary shall use a loss-sharing ratio of 90 percent.". Conforming Amendment. Section 1895(b)(3)(C) of such Act (42 USC. 1395fff(b)(3)(C)) is amended by striking "paragraph (5)" and inserting "paragraph (5)(A)". <SECTION-HEADER> ADDITIONAL PAYMENTS UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR SERVICES FURNISHED IN RURAL AREAS AND SECURITY SERVICES. Increase in Payment Rates for Rural Agencies. Section 1895(b) of the Social Security Act (42 USC. 1395fff(b)) is amended by adding at the end the following new paragraph: Additional payment amount for services furnished in rural areas. In the case of home health services furnished in a rural area (as defined in section 1886(d)(2)(D)), notwithstanding any other provision of this subsection, the amount of payment for such services is equal to 110 percent of the payment amount otherwise made under this section for services furnished in a rural area.". Additional Payment for Security Services. Section 1895(b) of such Act (42 USC. 1395fff(b)(3)), as amended by subsection (a), is further amended by adding at the end the following paragraph: Additional payment for security services. The Secretary shall provide for an addition or adjustment to the payment amount otherwise made under this section for the reasonable cost (as defined in section 1861(v)(1)(A)) of furnishing protective services to individuals furnishing home health services under this title in areas where such individuals are at risk of physical harm, as determined by the Secretary.". Inapplicability of Adjustments for Budget Neutrality. Section 1895(b)(3) of such Act (42 USC. 1395fff(b)(3)) is amended by adding at the end the following new subparagraph: No adjustment for additional payments for rural services and security services. The Secretary shall not reduce the standard prospective payment amount under this paragraph applicable to home health services furnished during a period to offset the increase in payments resulting from the application of paragraph (7) and paragraph (8) .". Effective Date. The amendments made by this section apply with respect to items and services furnished on or after October 1, 2000. <SECTION-HEADER> EXCLUSION OF NONROUTINE MEDICAL SUPPLIES UNDER THE PPS FOR HOME HEALTH SERVICES. In General. Section 1895 of the Social Security Act is amended by adding at the end the following new subsection: Exclusion of Nonroutine Medical Supplies. In general. Notwithstanding the preceding provisions of this section, in the case of all nonroutine medical supplies furnished by a home health agency during a year for which payment is otherwise made on the basis of the prospective payment amount under this section, payment under this section shall instead be based on the lesser of the actual charge for the nonroutine medical supply, or the amount determined for such supply under the applicable fee schedule under part B. Budget neutrality adjustment. The Secretary shall provide for an appropriate proportional reduction in payments under this section so that beginning with fiscal year 2001, the aggregate amount of such reductions is equal to the aggregate increase in payments attributable to the exclusion effected under paragraph (1).". Conforming Amendments. (1) Section 1895(b)(1) of the Social Security Act (42 USC. 1395fff(b)(1)) is amended by striking "The Secretary" and inserting "Subject to subsection (e), the Secretary". Sections 1842(b)(6)(F) and 1862(a)(21) of the Social Security Act (42 USC. 1395u(b)(6)(F). 1395y(a)(21)) are each amended by striking "(including medical supplies described in section 1861(m)" and inserting "(other than medical supplies and durable medical equipment described in section 1861(m)(5))". Effective Date. The amendments made by this section apply with respect to items and services furnished on or after October 1, 2000. <SECTION-HEADER> RULE OF CONSTRUCTION RELATING TO TELEHOMEHEALTH SERVICES. In General. Section 1895(b) of such Act (42 USC. 1395fff(b)(3)), as amended by section 3, is further amended by adding at the end the following paragraph: Rule of construction relating to telehomehealth services. In general. Nothing in this section, or in section 4206(a) of the Balanced Budget Act of 1997 , shall be construed as preventing a home health agency receiving payment under this section from furnishing a home health service via a telecommunications system. Each home health agency that submits a cost report to the Secretary under this section shall include, in such cost report, data with respect to the costs incurred in furnishing home health services to medicare beneficiaries via such telecommunications systems. Limitation. The Secretary shall not consider a home health service provided in the manner described in subparagraph (A) to be a home health visit for purposes of determining the amount of payment to be made under this section. Or any requirement relating to the certification of a physician required under section 1814(a)(2)(C).". Report. Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing the recommendations of the Secretary with respect to the feasibility and advisability of including home health services furnished by telecommunications systems as a home health service for purposes of payment for such services under section 1895 of the Social Security Act , and requirements with respect to physician certification of the need for home health services under section 1814(a)(2)(C) of such Act (42 USC. 1395f(a)(2)(C)).
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Directs the Secretary of Health and Human Services to report to Congress on the feasibility and advisability of including home health services furnished by telecommunications systems as a home health service.
|
Home Health Refinement Amendments of 2000
|
110_hr3356
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Foreign Intelligence
Surveillance to Defend the Nation and the Constitution Act of 2007''.
SEC. 2. PURPOSE.
The purpose of this Act is to facilitate the acquisition of foreign
intelligence information by providing for the electronic surveillance
of persons reasonably believed to be outside the United States pursuant
to methodologies proposed by the Attorney General, reviewed by the
Foreign Intelligence Surveillance Court, and applied by the Attorney
General without further court approval, unless otherwise required under
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.).
SEC. 3. ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ELECTRONIC
SURVEILLANCE.
(a) In General.--The Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) is amended by inserting after section 105 the
following:
``clarification of electronic surveillance of persons outside the
united states
``Sec. 105A. Notwithstanding any other provision of this Act, a
court order is not required for the acquisition of the contents of any
communication between persons that are not located within the United
States for the purpose of collecting foreign intelligence information,
without respect to whether the communication passes through the United
States or the surveillance device is located within the United States.
``additional procedure for authorizing certain electronic surveillance
``Sec. 105B. (a) In General.--Notwithstanding any other provision
of this title, the Attorney General, upon the authorization of the
President, may apply to a judge of the court established under section
103(a) for an ex parte order, or an extension of an order, authorizing
electronic surveillance for periods of not more than 1 year, for the
purpose of acquiring foreign intelligence information, in accordance
with this section.
``(b) Application.--
``(1) Specific persons and places not required.--An
application for an order, or extension of an order, submitted
under subsection (a) shall not be required to identify--
``(A) the persons, other than a foreign power,
against whom electronic surveillance will be directed;
or
``(B) the specific facilities, places, premises, or
property at which the electronic surveillance will be
directed.
``(2) Contents.--An application for an order, or extension
of an order, submitted under subsection (a) shall include--
``(A) a statement that the electronic surveillance
is directed at persons reasonably believed to be
outside the United States;
``(B) the identity of the Federal officer seeking
to conduct such electronic surveillance;
``(C) a description of--
``(i) the methods to be used by the
Attorney General to determine, during the
duration of the order, that there is a
reasonable belief that the targets of the
electronic surveillance are persons outside the
United States; and
``(ii) the procedures to audit the
implementation of the methods described in
clause (i) to achieve the objective described
in that clause;
``(D) a description of the nature of the
information sought, including the identity of any
foreign power against whom electronic surveillance will
be directed; and
``(E) a statement of the means by which the
electronic surveillance will be effected and such other
information about the surveillance techniques to be
used as may be necessary to assess the proposed
minimization procedures.
``(c) Application Approval; Order.--
``(1) Application approval.--A judge considering an
application for an order, or extension of an order, submitted
under subsection (a) shall approve such application if the
Attorney General certifies in writing under oath, and the judge
upon consideration of the application determines, that--
``(A) the acquisition does not constitute
electronic surveillance within the meaning of paragraph
(1) or (3) of section 101(f);
``(B) the methods described by the Attorney General
under subsection (b)(2)(B)(i) are reasonably designed
to determine whether the persons are outside the United
States;
``(C) a significant purpose of the electronic
surveillance is to obtain foreign intelligence
information; and
``(D) the proposed minimization procedures meet the
definition of minimization procedures under section
101(h).
``(2) Order.--A judge approving an application pursuant to
paragraph (1) shall issue an order that--
``(A) authorizes electronic surveillance as
requested, or as modified by the judge;
``(B) requires a communications service provider,
custodian, or other person who has the lawful authority
to access the information, facilities, or technical
assistance necessary to accomplish the electronic
surveillance, upon the request of the applicant, to
furnish the applicant forthwith with such information,
facilities, or technical assistance in a manner that
will protect the secrecy of the electronic surveillance
and produce a minimum of interference with the services
that provider, custodian, or other person is providing
the target of electronic surveillance;
``(C) requires such communications service
provider, custodian, or other person, upon the request
of the applicant, to maintain under security procedures
approved by the Attorney General and the Director of
National Intelligence any records concerning the
acquisition or the aid furnished;
``(D) directs the Federal Government to compensate,
at the prevailing rate, a person for providing
information, facilities, or assistance pursuant to such
order; and
``(E) directs the applicant to follow the
minimization procedures as proposed or as modified by
the court.
``(3) Assessment of compliance with minimization
procedures.--At or before the end of the period of time for
which electronic surveillance is approved by an order or an
extension under this section, the judge may assess compliance
with the minimization procedures by reviewing the circumstances
under which information concerning United States persons was
acquired, retained, or disseminated.
``(d) Guidelines for Surveillance of United States Persons.--Not
later than 15 days after the date of the enactment of this section, the
Attorney General shall establish guidelines that are reasonably
designed to ensure that an application is filed under section 104, if
otherwise required by this Act, when the Attorney General seeks to
initiate electronic surveillance, or continue electronic surveillance
that began under this section, of a United States person.
``(e) Submission of Orders, Guidelines, and Audits.--
``(1) Orders.--Upon the entry of an order under subsection
(c)(2), the Attorney General shall submit to the appropriate
committees of Congress such order.
``(2) Guidelines.--Upon the establishment of the guidelines
under subsection (d), the Attorney General shall submit to the
appropriate committees of Congress and the court established
under section 103(a) such guidelines.
``(3) Audits.--Not later than 60 days after the date of the
enactment of this section, and every 60 days thereafter until
the expiration of all orders issued under this section, the
Inspector General of the Department of Justice shall complete
an audit on the compliance with the guidelines established
under subsection (d) and shall submit to the appropriate
committees of Congress, the Attorney General, the Director of
National Intelligence, and the court established under section
103(a)--
``(A) the results of such audit;
``(B) a list of any targets of electronic
surveillance under this section determined to be in the
United States; and
``(C) the number of persons in the United States
whose communications have been intercepted under this
section.
``(f) Immediate Emergency Authorization.--
``(1) In general.--Notwithstanding any other provision of
this title, during the first 15 days following the date of the
enactment of this section, upon the authorization of the
President, the Attorney General may authorize electronic
surveillance without a court order under this title until the
date that is 15 days after the date on which the Attorney
General authorizes such electronic surveillance if the Attorney
General determines--
``(A) that an emergency situation exists with
respect to the employment of electronic surveillance to
obtain foreign intelligence information before an order
authorizing such surveillance can with due diligence be
obtained; and
``(B) the electronic surveillance will be directed
at persons reasonably believed to be outside the United
States.
``(2) Pending order.--
``(A) Initial extension.--If at the end of the
period in which the Attorney General authorizes
electronic surveillance under paragraph (1), the
Attorney General has submitted an application for an
order under subsection (a) but the court referred to in
section 103(a) has not approved or disapproved such
application, such court may authorize the Attorney
General to extend the emergency authorization of
electronic surveillance under paragraph (1) for not
more than 15 days.
``(B) Subsequent extension.--If at the end of the
extension of the emergency authorization of electronic
surveillance under subparagraph (A) the court referred
to in section 103(a) has not approved or disapproved
the application referred to in subparagraph (A), such
court may authorize the Attorney General to extend the
emergency authorization of electronic surveillance
under paragraph (1) for not more than 15 days.
``(3) Maximum length of authorization.--Notwithstanding
paragraphs (1) and (2), in no case shall electronic
surveillance be authorized under this subsection for a total of
more than 45 days without a court order under this title.
``(4) Minimization procedures.--The Attorney General shall
ensure that any electronic surveillance conducted pursuant to
paragraph (1) or (2) is in accordance with minimization
procedures that meet the definition of minimization procedures
in section 101(h).
``(5) Information, facilities, and technical assistance.--
Pursuant to an authorization of electronic surveillance under
this subsection, the Attorney General may direct a
communications service provider, custodian, or other person who
has the lawful authority to access the information, facilities,
or technical assistance necessary to accomplish such electronic
surveillance to--
``(A) furnish the Attorney General forthwith with
such information, facilities, or technical assistance
in a manner that will protect the secrecy of the
electronic surveillance and produce a minimum of
interference with the services that provider,
custodian, or other person is providing the target of
electronic surveillance; and
``(B) maintain under security procedures approved
by the Attorney General and the Director of National
Intelligence any records concerning the acquisition or
the aid furnished.
``(g) Prohibition on Liability for Providing Assistance.--Section
105(i), relating to protection from liability for the furnishing of
information, facilities, or technical assistance pursuant to a court
order under this Act, shall apply to this section.
``(h) Effect of Section on Other Authorities.--The authority under
this section is in addition to the authority to conduct electronic
surveillance under sections 104 and 105.
``(i) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate; and
``(2) the Permanent Select Committee on Intelligence and
the Committee on the Judiciary of the House of
Representatives.''.
(b) Technical and Conforming Amendment.--The table of contents in
the first section of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) is amended by inserting after the item
relating to section 105 the following:
``Sec. 105A. Clarification of electronic surveillance of persons
outside the United States.
``Sec. 105B. Additional procedure for authorizing certain electronic
surveillance.''.
(c) Sunset.--
(1) In general.--Except as provided in paragraph (2),
effective on the date that is 120 days after the date of the
enactment of this Act, sections 105A and 105B of the Foreign
Intelligence Surveillance Act of 1978, as added by subsection
(a), are hereby repealed.
(2) Exception.--Any order under section 105B of the Foreign
Intelligence Surveillance Act of 1978, as added by this Act, in
effect on such date that is 120 days after the date of the
enactment of this Act, shall continue in effect until the date
of the expiration of such order.
|
Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act of 2007 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide that a court order is not required for the acquisition of communication between non-US persons who are not located within the United States for collecting foreign intelligence information, whether or not the communication passes through the United States or the surveillance device is located within the United States. Allows the Attorney General (AG), upon authorization of the President, to apply to the Foreign Intelligence Surveillance Court (Court) for an order, or the extension of an order, authorizing for up to one year the acquisition of communications of persons outside the United States who are non-US persons. Allows the AG to authorize such surveillance without a court order for up to 15 days if the AG determines that an emergency situation exists with respect to obtaining such information before an order authorizing the surveillance can be obtained. Authorizes the AG, in either case, to direct a communications service provider, custodian, or other person who has access to such information to furnish the AG with the required information and to maintain appropriate records concerning acquisition of the information.
|
To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain electronic surveillance.
| 15,552
| 1,313
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act of 2007". <SECTION-HEADER> PURPOSE. The purpose of this Act is to facilitate the acquisition of foreign intelligence information by providing for the electronic surveillance of persons reasonably believed to be outside the United States pursuant to methodologies proposed by the Attorney General, reviewed by the Foreign Intelligence Surveillance Court, and applied by the Attorney General without further court approval, unless otherwise required under the Foreign Intelligence Surveillance Act of 1978 . <SECTION-HEADER> ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ELECTRONIC SURVEILLANCE. In General. The Foreign Intelligence Surveillance Act of 1978 is amended by inserting after section 105 the following: "clarification of electronic surveillance of persons outside the united states "Section 105A. Notwithstanding any other provision of this Act, a court order is not required for the acquisition of the contents of any communication between persons that are not located within the United States for the purpose of collecting foreign intelligence information, without respect to whether the communication passes through the United States or the surveillance device is located within the United States. "additional procedure for authorizing certain electronic surveillance "Section 105B. (a) In General. Notwithstanding any other provision of this title, the Attorney General, upon the authorization of the President, may apply to a judge of the court established under section 103(a) for an ex parte order, or an extension of an order, authorizing electronic surveillance for periods of not more than 1 year, for the purpose of acquiring foreign intelligence information, in accordance with this section. Application. Specific persons and places not required. An application for an order, or extension of an order, submitted under subsection (a) shall not be required to identify the persons, other than a foreign power, against whom electronic surveillance will be directed. Or the specific facilities, places, premises, or property at which the electronic surveillance will be directed. Contents. An application for an order, or extension of an order, submitted under subsection (a) shall include a statement that the electronic surveillance is directed at persons reasonably believed to be outside the United States. The identity of the Federal officer seeking to conduct such electronic surveillance. A description of the methods to be used by the Attorney General to determine, during the duration of the order, that there is a reasonable belief that the targets of the electronic surveillance are persons outside the United States. And the procedures to audit the implementation of the methods described in clause (i) to achieve the objective described in that clause. A description of the nature of the information sought, including the identity of any foreign power against whom electronic surveillance will be directed. And a statement of the means by which the electronic surveillance will be effected and such other information about the surveillance techniques to be used as may be necessary to assess the proposed minimization procedures. Application Approval. Order. Application approval. A judge considering an application for an order, or extension of an order, submitted under subsection (a) shall approve such application if the Attorney General certifies in writing under oath, and the judge upon consideration of the application determines, that the acquisition does not constitute electronic surveillance within the meaning of paragraph or (3) of section 101(f). The methods described by the Attorney General under subsection (b)(2)(B)(i) are reasonably designed to determine whether the persons are outside the United States. A significant purpose of the electronic surveillance is to obtain foreign intelligence information. And the proposed minimization procedures meet the definition of minimization procedures under section 101(h). Order. A judge approving an application pursuant to paragraph (1) shall issue an order that authorizes electronic surveillance as requested, or as modified by the judge. Requires a communications service provider, custodian, or other person who has the lawful authority to access the information, facilities, or technical assistance necessary to accomplish the electronic surveillance, upon the request of the applicant, to furnish the applicant forthwith with such information, facilities, or technical assistance in a manner that will protect the secrecy of the electronic surveillance and produce a minimum of interference with the services that provider, custodian, or other person is providing the target of electronic surveillance. Requires such communications service provider, custodian, or other person, upon the request of the applicant, to maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished. Directs the Federal Government to compensate, at the prevailing rate, a person for providing information, facilities, or assistance pursuant to such order. And directs the applicant to follow the minimization procedures as proposed or as modified by the court. Assessment of compliance with minimization procedures. At or before the end of the period of time for which electronic surveillance is approved by an order or an extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. Guidelines for Surveillance of United States Persons. Not later than 15 days after the date of the enactment of this section, the Attorney General shall establish guidelines that are reasonably designed to ensure that an application is filed under section 104, if otherwise required by this Act, when the Attorney General seeks to initiate electronic surveillance, or continue electronic surveillance that began under this section, of a United States person. Submission of Orders, Guidelines, and Audits. Orders. Upon the entry of an order under subsection (2), the Attorney General shall submit to the appropriate committees of Congress such order. Guidelines. Upon the establishment of the guidelines under subsection (d), the Attorney General shall submit to the appropriate committees of Congress and the court established under section 103(a) such guidelines. Audits. Not later than 60 days after the date of the enactment of this section, and every 60 days thereafter until the expiration of all orders issued under this section, the Inspector General of the Department of Justice shall complete an audit on the compliance with the guidelines established under subsection (d) and shall submit to the appropriate committees of Congress, the Attorney General, the Director of National Intelligence, and the court established under section 103(a) the results of such audit. A list of any targets of electronic surveillance under this section determined to be in the United States. And the number of persons in the United States whose communications have been intercepted under this section. Immediate Emergency Authorization. In general. Notwithstanding any other provision of this title, during the first 15 days following the date of the enactment of this section, upon the authorization of the President, the Attorney General may authorize electronic surveillance without a court order under this title until the date that is 15 days after the date on which the Attorney General authorizes such electronic surveillance if the Attorney General determines that an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained. And the electronic surveillance will be directed at persons reasonably believed to be outside the United States. Pending order. Initial extension. If at the end of the period in which the Attorney General authorizes electronic surveillance under paragraph (1), the Attorney General has submitted an application for an order under subsection (a) but the court referred to in section 103(a) has not approved or disapproved such application, such court may authorize the Attorney General to extend the emergency authorization of electronic surveillance under paragraph (1) for not more than 15 days. Subsequent extension. If at the end of the extension of the emergency authorization of electronic surveillance under subparagraph (A) the court referred to in section 103(a) has not approved or disapproved the application referred to in subparagraph (A), such court may authorize the Attorney General to extend the emergency authorization of electronic surveillance under paragraph (1) for not more than 15 days. Maximum length of authorization. Notwithstanding paragraphs (1) and (2), in no case shall electronic surveillance be authorized under this subsection for a total of more than 45 days without a court order under this title. Minimization procedures. The Attorney General shall ensure that any electronic surveillance conducted pursuant to paragraph (1) or (2) is in accordance with minimization procedures that meet the definition of minimization procedures in section 101(h). Information, facilities, and technical assistance. Pursuant to an authorization of electronic surveillance under this subsection, the Attorney General may direct a communications service provider, custodian, or other person who has the lawful authority to access the information, facilities, or technical assistance necessary to accomplish such electronic surveillance to furnish the Attorney General forthwith with such information, facilities, or technical assistance in a manner that will protect the secrecy of the electronic surveillance and produce a minimum of interference with the services that provider, custodian, or other person is providing the target of electronic surveillance. And maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished. Prohibition on Liability for Providing Assistance. Section 105(i), relating to protection from liability for the furnishing of information, facilities, or technical assistance pursuant to a court order under this Act, shall apply to this section. Effect of Section on Other Authorities. The authority under this section is in addition to the authority to conduct electronic surveillance under sections 104 and 105. Appropriate Committees of Congress Defined. In this section, the term `appropriate committees of Congress' means the Select Committee on Intelligence and the Committee on the Judiciary of the Senate. And the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives.". Technical and Conforming Amendment. The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 is amended by inserting after the item relating to section 105 the following: "Section 105A. Clarification of electronic surveillance of persons outside the United States. "Section 105B. Additional procedure for authorizing certain electronic surveillance.". Sunset. In general. Except as provided in paragraph (2), effective on the date that is 120 days after the date of the enactment of this Act, sections 105A and 105B of the Foreign Intelligence Surveillance Act of 1978, as added by subsection , are hereby repealed. Exception. Any order under section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by this Act, in effect on such date that is 120 days after the date of the enactment of this Act, shall continue in effect until the date of the expiration of such order.
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Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act of 2007 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide that a court order is not required for the acquisition of communication between non-US persons who are not located within the United States for collecting foreign intelligence information, whether or not the communication passes through the United States or the surveillance device is located within the United States. Allows the Attorney General (AG), upon authorization of the President, to apply to the Foreign Intelligence Surveillance Court (Court) for an order, or the extension of an order, authorizing for up to one year the acquisition of communications of persons outside the United States who are non-US persons. Allows the AG to authorize such surveillance without a court order for up to 15 days if the AG determines that an emergency situation exists with respect to obtaining such information before an order authorizing the surveillance can be obtained. Authorizes the AG, in either case, to direct a communications service provider, custodian, or other person who has access to such information to furnish the AG with the required information and to maintain appropriate records concerning acquisition of the information.
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To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain electronic surveillance.
|
109_s1349
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Video Choice Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Cable rates continue to rise substantially faster than
the overall rate of inflation.
(2) Wire-based competition in video services is limited to
very few markets. According to the Federal Communications
Commission, only 2 percent of all cable subscribers have the
opportunity to choose between 2 or more wire-based video
service providers.
(3) It is only through wire-based video competition that
price competition exists. The Government Accountability Office
has confirmed that where wire-based competition exists, cable
rates are 15 percent lower than in markets without competition.
(4) It is in the public interest to further wire-based
competition in the video services market in order to provide
greater consumer choice and lower prices for video services.
(5) To spur competition in the communications industry,
Congress has decreased the regulatory burden on new entrants,
thereby increasing entry into the market and creating
competition.
(6) The United States continues to fall behind in broadband
deployment rates. According to a recent study by the
International Telecommunications Union, the United States is
now ranked 16th in the world in broadband deployment.
(7) The deployment of advanced high capacity networks would
greatly spur economic development in rural America.
(8) The deployment of advanced networks that can offer
substantially higher capacity are critical to the long-term
competitiveness of the United States.
SEC. 3. AMENDMENT TO COMMUNICATIONS ACT.
Title VI of the Communication Act of 1934 (47 U.S.C. 521 et seq.)
is amended by adding at the end the following:
``PART VI--VIDEO CHOICE
``SEC. 661. DEFINITION.
``In this part, the term `competitive video services provider'
means any provider of video programming, interactive on-demand
services, other programming services, or any other video services who
has any right, permission, or authority to access public rights-of-way
independent of any cable franchise obtained pursuant to section 621 or
pursuant to any other Federal, State, or local law.
``SEC. 662. REGULATORY FRAMEWORK.
``(a) Redundant Franchises Prohibited.--Notwithstanding any other
provision of this Act, no competitive video services provider may be
required, whether pursuant to section 621 or to any other provision of
Federal, State, or local law, to obtain a franchise in order to provide
any video programming, interactive on-demand services, other
programming services, or any other video services in any area where
such provider has any right, permission, or authority to access public
rights-of-way independent of any cable franchise obtained pursuant to
section 621 or pursuant to any other Federal, State, or local law.
``(b) Fees.--
``(1) In general.--Any competitive video services provider
who provides a service that otherwise would qualify as a cable
service provided over a cable system shall be subject to the
payment of fees to a local franchise authority based on the
gross revenues of such provider that are attributable to the
provision of such service within such provider's service area.
``(2) Considerations.--In determining the fees required by
this subsection--
``(A)(i) the rate at which fees are imposed shall
not exceed the rate at which franchise fees are imposed
on any cable operator providing cable service in the
franchise area, as determined in accordance with
section 622 and any related regulations; or
``(ii) in any jurisdiction in which no cable
operator provides service, the rate at which franchise
fees are imposed shall not exceed the statewide
average; and
``(B) the only revenues that shall be considered
are those attributable to services that would be
considered in calculating franchise fees if such
provider were deemed a cable operator for purposes of
section 622 and any related regulations.
``(3) Billing.--A competitive video services provider shall
designate that portion of the bill of a subscriber attributable
to the fee under paragraph (2) as a separate item on the bill.
``(c) Terms of Service.--A competitive video services provider
shall--
``(1) be subject to the retransmission consent provisions
of section 325(b);
``(2)(A) carry, within each local franchise area, any
public, educational, or governmental use channels that are
carried by cable operators within such franchise area pursuant
to section 611; or
``(B) provide, in any jurisdiction in which no cable
operator provides service, reasonable public, educational and
government access facilities pursuant to section 611;
``(3) be subject to the must-carry provisions of section
614;
``(4) carry noncommercial, educational channels as required
by section 615;
``(5) be considered a multichannel video programming
distributor for purposes of section 628 and be entitled to the
benefits and protection of that section;
``(6) protect the personally identifiable information of
its subscribers as required in section 631;
``(7) comply with any consumer protection and customer
service requirements promulgated by the Commission pursuant to
section 632;
``(8) not be subject to any other provisions of this title;
and
``(9) not deny services to any group of potential
residential subscribers because of the income of the residents
of the local area in which such group resides.
``(d) Regulatory Treatment.--Except to the extent expressly
provided in this part, neither the Commission nor any State or
political subdivision thereof may regulate the rates, charges, terms,
conditions for, entry into, exit from, deployment of, provision of, or
any other aspect of the services provided by a competitive video
services provider.
``(e) State and Local Government Authority.--Except as provided in
subsection (a), nothing in this section affects the authority of a
State or local government to manage the public rights-of-way or to
enact or enforce any consumer protection law.''.
SEC. 4. REGULATION OF COMMON CARRIERS.
Section 651(a)(3) of the Federal Communications Act (47 U.S.C.
571(a)(3)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(C) if such carrier is a competitive video
services provider providing video programming pursuant
to part VI of this title, such carrier shall not be
subject to the requirements of this title but instead
shall be subject only to the provisions of part VI of
this title.''.
SEC. 5. EXISTING FRANCHISE AGREEMENTS.
Any franchise agreement entered into by a franchising authority and
a competitive video service provider for the provision of video service
prior to the date of enactment of this Act shall be exempt from the
provisions of this Act for the term of such agreement.
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Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to access public rights-of-way independent of any cable franchise obtained pursuant to any federal, state, or local law. Makes the CVSP be subject to the payment of fees to a local franchising authority based on the gross revenue of the CVSP in that area. Prohibits the Federal Communications Commission (FCC) or any state or political subdivision thereof from regulating the rates or any other aspect of the services provided by a CVSP. Makes current franchise agreements entered into between a franchising authority and a CVSP exempt from this Act for the term of such agreement.
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A bill to promote deployment of competitive video services, eliminate redundant and unnecessary regulation, and further the development of next generation broadband networks.
| 8,015
| 932
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Video Choice Act of 2005". <SECTION-HEADER> FINDINGS. Congress finds the following: Cable rates continue to rise substantially faster than the overall rate of inflation. Wire-based competition in video services is limited to very few markets. According to the Federal Communications Commission, only 2 percent of all cable subscribers have the opportunity to choose between 2 or more wire-based video service providers. It is only through wire-based video competition that price competition exists. The Government Accountability Office has confirmed that where wire-based competition exists, cable rates are 15 percent lower than in markets without competition. It is in the public interest to further wire-based competition in the video services market in order to provide greater consumer choice and lower prices for video services. To spur competition in the communications industry, Congress has decreased the regulatory burden on new entrants, thereby increasing entry into the market and creating competition. The United States continues to fall behind in broadband deployment rates. According to a recent study by the International Telecommunications Union, the United States is now ranked 16th in the world in broadband deployment. The deployment of advanced high capacity networks would greatly spur economic development in rural America. The deployment of advanced networks that can offer substantially higher capacity are critical to the long-term competitiveness of the United States. <SECTION-HEADER> AMENDMENT TO COMMUNICATIONS ACT. Title VI of the Communication Act of 1934 is amended by adding at the end the following: "PART VI VIDEO CHOICE "Section 661. DEFINITION. "In this part, the term `competitive video services provider' means any provider of video programming, interactive on-demand services, other programming services, or any other video services who has any right, permission, or authority to access public rights-of-way independent of any cable franchise obtained pursuant to section 621 or pursuant to any other Federal, State, or local law. "Section 662. REGULATORY FRAMEWORK. Redundant Franchises Prohibited. Notwithstanding any other provision of this Act, no competitive video services provider may be required, whether pursuant to section 621 or to any other provision of Federal, State, or local law, to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in any area where such provider has any right, permission, or authority to access public rights-of-way independent of any cable franchise obtained pursuant to section 621 or pursuant to any other Federal, State, or local law. Fees. In general. Any competitive video services provider who provides a service that otherwise would qualify as a cable service provided over a cable system shall be subject to the payment of fees to a local franchise authority based on the gross revenues of such provider that are attributable to the provision of such service within such provider's service area. Considerations. In determining the fees required by this subsection (i) the rate at which fees are imposed shall not exceed the rate at which franchise fees are imposed on any cable operator providing cable service in the franchise area, as determined in accordance with section 622 and any related regulations. Or in any jurisdiction in which no cable operator provides service, the rate at which franchise fees are imposed shall not exceed the statewide average. And the only revenues that shall be considered are those attributable to services that would be considered in calculating franchise fees if such provider were deemed a cable operator for purposes of section 622 and any related regulations. Billing. A competitive video services provider shall designate that portion of the bill of a subscriber attributable to the fee under paragraph (2) as a separate item on the bill. Terms of Service. A competitive video services provider shall be subject to the retransmission consent provisions of section 325(b). (A) carry, within each local franchise area, any public, educational, or governmental use channels that are carried by cable operators within such franchise area pursuant to section 611. Or provide, in any jurisdiction in which no cable operator provides service, reasonable public, educational and government access facilities pursuant to section 611, be subject to the must-carry provisions of section 614, carry noncommercial, educational channels as required by section 615. Be considered a multichannel video programming distributor for purposes of section 628 and be entitled to the benefits and protection of that section. Protect the personally identifiable information of its subscribers as required in section 631. Comply with any consumer protection and customer service requirements promulgated by the Commission pursuant to section 632, not be subject to any other provisions of this title. And not deny services to any group of potential residential subscribers because of the income of the residents of the local area in which such group resides. Regulatory Treatment. Except to the extent expressly provided in this part, neither the Commission nor any State or political subdivision thereof may regulate the rates, charges, terms, conditions for, entry into, exit from, deployment of, provision of, or any other aspect of the services provided by a competitive video services provider. State and Local Government Authority. Except as provided in subsection (a), nothing in this section affects the authority of a State or local government to manage the public rights-of-way or to enact or enforce any consumer protection law.". <SECTION-HEADER> REGULATION OF COMMON CARRIERS. Section 651(a)(3) of the Federal Communications Act (47 USC. 571(a)(3)) is amended in subparagraph (A), by striking "or" after the semicolon, in subparagraph (B), by striking the period and inserting ", or". And by adding at the end the following: if such carrier is a competitive video services provider providing video programming pursuant to part VI of this title, such carrier shall not be subject to the requirements of this title but instead shall be subject only to the provisions of part VI of this title.". <SECTION-HEADER> EXISTING FRANCHISE AGREEMENTS. Any franchise agreement entered into by a franchising authority and a competitive video service provider for the provision of video service prior to the date of enactment of this Act shall be exempt from the provisions of this Act for the term of such agreement.
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Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to access public rights-of-way independent of any cable franchise obtained pursuant to any federal, state, or local law. Makes the CVSP be subject to the payment of fees to a local franchising authority based on the gross revenue of the CVSP in that area. Prohibits the Federal Communications Commission (FCC) or any state or political subdivision thereof from regulating the rates or any other aspect of the services provided by a CVSP. Makes current franchise agreements entered into between a franchising authority and a CVSP exempt from this Act for the term of such agreement.
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A bill to promote deployment of competitive video services, eliminate redundant and unnecessary regulation, and further the development of next generation broadband networks.
|
115_hr881
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Allocation for Music Producers Act''
or the ``AMP Act''.
SEC. 2. PAYMENT OF STATUTORY PERFORMANCE ROYALTIES.
(a) Letter of Direction.--Section 114(g) of title 17, United States
Code, is amended by adding at the end the following new paragraph:
``(5) Letter of direction.--A collective designated by the
Copyright Royalty Judges to distribute receipts from the
licensing of transmissions in accordance with subsection (f)
shall adopt and reasonably implement a policy that provides, in
circumstances determined by the collective to be appropriate,
for acceptance of instructions from a payee identified in
subparagraph (A) or (D) of paragraph (2) to distribute a
portion of the payments to which the payee otherwise would be
entitled from the licensing of transmissions of a particular
sound recording to a producer, mixer, or sound engineer who was
part of the creative process that created the sound recording
(in this section, referred to as a `letter of direction'). To
the extent that the collective accepts a letter of direction,
the person entitled to payment pursuant to such letter of
direction shall, during the time such letter of direction is in
effect and followed by the collective, be treated for all
purposes as the owner of the right to receive such payment.
This paragraph shall not be interpreted to imply that a
collective cannot accept or act upon payment instructions in
other circumstances.''.
(b) Additional Provisions for Recordings Fixed Before November 1,
1995.--Section 114(g) of title 17, United States Code, as amended by
subsection (a), is further amended by adding at the end the following
new paragraph:
``(6) Sound recordings fixed before november 1, 1995.--
``(A) Payment absent letter of direction.--A
collective designated by the Copyright Royalty Judges
to distribute receipts from the licensing of
transmissions in accordance with subsection (f) shall
adopt and reasonably implement a policy that provides,
in circumstances determined by the collective to be
appropriate, for deduction of 2 percent of the receipts
from the licensing of transmissions of a sound
recording fixed before November 1, 1995, from receipts
otherwise payable to the recording artist or artists
featured on such sound recording (or the persons
conveying rights in the artists' performance in the
sound recordings) pursuant to paragraph (2)(D) (which
leaves the recording artist or artists featured on such
sound recording (or the persons conveying rights in the
artists' performance in the sound recordings) 43
percent of the total receipts paid pursuant to
paragraph (2)) and distribution of such amount to one
or more persons described in subparagraph (B), after
deduction of costs as described in paragraph (3) or
(4), as applicable, if each of the following
requirements is met:
``(i) Certification of attempt to obtain a
letter of direction.--A person described in
subparagraph (B) certified to the collective,
under penalty of perjury, that--
``(I) for a period of at least 4
months, that person made reasonable
efforts to contact the artist payee for
such sound recording to request and
obtain a letter of direction
instructing the collective to pay a
portion of the royalties from the
featured recording artist or artists to
that person; and
``(II) during the period beginning
on the date that person began the
reasonable efforts described in
subclause (I) and ending on date of
that person's certification to the
collective, the artist payee did not
definitively affirm or deny the request
for a letter of direction.
``(ii) Collective attempt to contact
artist.--After receipt of the certification
described in clause (i) and for a period of at
least 4 months before the collective's first
distribution to the person described in
subparagraph (B), the collective attempted to
notify the artist payee of the certification
made by the person described in subparagraph
(B) in a manner reasonably determined by the
collective.
``(iii) No objection received.--An
objection to the distribution has not been
submitted to the collective by the artist payee
as of the date that is 10 business days before
the date on which the first distribution is
made.
``(B) Eligibility for payment.--A person shall be
eligible for payment under subparagraph (A) if such
person--
``(i) is a producer, mixer, or sound
engineer of the relevant sound recording;
``(ii) has entered into a written contract
with a record company involved in the creation
or lawful exploitation of the relevant sound
recording, or with the recording artist or
artists featured on such sound recording (or
the persons conveying rights in the artists'
performance in the sound recordings), pursuant
to which such person is entitled to participate
in royalty payments based on exploitation of
the relevant sound recording that are payable
from royalties otherwise payable to the
recording artist or artists featured on such
sound recording (or the persons conveying
rights in the artists' performance in the sound
recordings);
``(iii) made a contribution, of a nature
subject to copyright protection under section
102, to the creation of the relevant sound
recording; and
``(iv) submits a written certification to
the collective stating, under penalty of
perjury, that such person meets the
requirements in clauses (i) through (iii) and
includes a true copy of the contract described
in clause (ii).
``(C) Multiple certifications.--Subject to
subparagraph (D), in a case in which more than one
person described in subparagraph (B) has met the
requirements for a distribution pursuant to
subparagraph (A) with respect to a sound recording as
of the date that is 10 business days before the date on
which a distribution is made, the collective shall
divide the 2 percent distribution equally among all
such persons.
``(D) Objection to payment.--Not later than 10 days
after the collective receives from the artist payee a
written objection to a distribution made pursuant to
subparagraph (A), the collective shall cease making any
further payment related to such distribution. In any
case in which the collective has made one or more
distributions pursuant to subparagraph (A) to a person
described in subparagraph (B) before the date that is
10 business days after the date on which the collective
receives an objection by the artist payee to such
distribution, the objection shall not affect that
person's entitlement to any distribution made before
the collective ceases such distribution pursuant to
this subparagraph.
``(E) Ownership of the right to receive payments.--
To the extent that the collective determines that a
distribution will be made pursuant to subparagraph (A)
to a person described in subparagraph (B), such person
shall during the period of such distribution be treated
for all purposes as the owner of the right to receive
such payments.
``(F) Artist payee defined.--In this paragraph, the
term `artist payee' means a person, other than a person
described in subparagraph (B), who owns the right to
receive all or part of the receipts payable under
paragraph (2)(D) with respect to a sound recording. In
a case in which there are multiple artist payees with
respect to a sound recording, an objection by one such
payee shall apply only to that payee's share of the
receipts payable under paragraph (2)(D), and does not
preclude payment under subparagraph (A) from the share
of an artist payee that does not object.''.
(c) Technical and Conforming Amendments.--Section 114(g) of title
17, United States Code, as amended by subsections (a) and (b), is
further amended--
(1) in paragraph (2), by striking ``An agent designated''
and inserting ``Except as provided for in paragraph (6), a
collective designated by the Copyright Royalty Judges'';
(2) in paragraph (3)--
(A) by striking ``agent designated'' and inserting
``collective designated by the Copyright Royalty
Judges''; and
(B) by striking ``agent'' and inserting
``collective'', each place it appears; and
(3) in paragraph (4), by striking ``agent'' and inserting
``collective'', each place it appears.
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Allocation for Music Producers Act or the AMP Act This bill amends federal copyright law to require a collective designated by the Copyright Royalty Judges to implement a policy providing for the acceptance of instructions from a person who owns the exclusive right to publicly perform a sound recording by means of a digital audio transmission, or from a recording artist of a such a sound recording, to distribute a portion of royalty payments to a producer, mixer, or sound engineer who was part of the creative process behind the sound recording. The collective must adopt special procedures for a producer, mixer, or sound engineer to receive a portion of royalties for recordings fixed before November 1, 1995, by certifying that a reasonable effort has been made to obtain a letter of direction from an artist who owns the right to receipts payable with respect to the sound recording.
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Allocation for Music Producers Act
| 11,385
| 892
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Allocation for Music Producers Act" or the "AMP Act". <SECTION-HEADER> PAYMENT OF STATUTORY PERFORMANCE ROYALTIES. Letter of Direction. Section 114(g) of title 17, United States Code, is amended by adding at the end the following new paragraph: Letter of direction. A collective designated by the Copyright Royalty Judges to distribute receipts from the licensing of transmissions in accordance with subsection (f) shall adopt and reasonably implement a policy that provides, in circumstances determined by the collective to be appropriate, for acceptance of instructions from a payee identified in subparagraph (A) or (D) of paragraph (2) to distribute a portion of the payments to which the payee otherwise would be entitled from the licensing of transmissions of a particular sound recording to a producer, mixer, or sound engineer who was part of the creative process that created the sound recording . To the extent that the collective accepts a letter of direction, the person entitled to payment pursuant to such letter of direction shall, during the time such letter of direction is in effect and followed by the collective, be treated for all purposes as the owner of the right to receive such payment. This paragraph shall not be interpreted to imply that a collective cannot accept or act upon payment instructions in other circumstances.". Additional Provisions for Recordings Fixed Before November 1, 1995. Section 114(g) of title 17, United States Code, as amended by subsection (a), is further amended by adding at the end the following new paragraph: Sound recordings fixed before november 1, 1995. Payment absent letter of direction. A collective designated by the Copyright Royalty Judges to distribute receipts from the licensing of transmissions in accordance with subsection (f) shall adopt and reasonably implement a policy that provides, in circumstances determined by the collective to be appropriate, for deduction of 2 percent of the receipts from the licensing of transmissions of a sound recording fixed before November 1, 1995, from receipts otherwise payable to the recording artist or artists featured on such sound recording pursuant to paragraph (2)(D) (which leaves the recording artist or artists featured on such sound recording 43 percent of the total receipts paid pursuant to paragraph (2)) and distribution of such amount to one or more persons described in subparagraph (B), after deduction of costs as described in paragraph (3) or , as applicable, if each of the following requirements is met: Certification of attempt to obtain a letter of direction. A person described in subparagraph (B) certified to the collective, under penalty of perjury, that for a period of at least 4 months, that person made reasonable efforts to contact the artist payee for such sound recording to request and obtain a letter of direction instructing the collective to pay a portion of the royalties from the featured recording artist or artists to that person. And during the period beginning on the date that person began the reasonable efforts described in subclause (I) and ending on date of that person's certification to the collective, the artist payee did not definitively affirm or deny the request for a letter of direction. Collective attempt to contact artist. After receipt of the certification described in clause (i) and for a period of at least 4 months before the collective's first distribution to the person described in subparagraph (B), the collective attempted to notify the artist payee of the certification made by the person described in subparagraph in a manner reasonably determined by the collective. No objection received. An objection to the distribution has not been submitted to the collective by the artist payee as of the date that is 10 business days before the date on which the first distribution is made. Eligibility for payment. A person shall be eligible for payment under subparagraph (A) if such person is a producer, mixer, or sound engineer of the relevant sound recording. Has entered into a written contract with a record company involved in the creation or lawful exploitation of the relevant sound recording, or with the recording artist or artists featured on such sound recording , pursuant to which such person is entitled to participate in royalty payments based on exploitation of the relevant sound recording that are payable from royalties otherwise payable to the recording artist or artists featured on such sound recording. Made a contribution, of a nature subject to copyright protection under section 102, to the creation of the relevant sound recording. And submits a written certification to the collective stating, under penalty of perjury, that such person meets the requirements in clauses (i) through (iii) and includes a true copy of the contract described in clause (ii). Multiple certifications. Subject to subparagraph (D), in a case in which more than one person described in subparagraph (B) has met the requirements for a distribution pursuant to subparagraph (A) with respect to a sound recording as of the date that is 10 business days before the date on which a distribution is made, the collective shall divide the 2 percent distribution equally among all such persons. Objection to payment. Not later than 10 days after the collective receives from the artist payee a written objection to a distribution made pursuant to subparagraph (A), the collective shall cease making any further payment related to such distribution. In any case in which the collective has made one or more distributions pursuant to subparagraph (A) to a person described in subparagraph (B) before the date that is 10 business days after the date on which the collective receives an objection by the artist payee to such distribution, the objection shall not affect that person's entitlement to any distribution made before the collective ceases such distribution pursuant to this subparagraph. Ownership of the right to receive payments. To the extent that the collective determines that a distribution will be made pursuant to subparagraph (A) to a person described in subparagraph (B), such person shall during the period of such distribution be treated for all purposes as the owner of the right to receive such payments. Artist payee defined. In this paragraph, the term `artist payee' means a person, other than a person described in subparagraph (B), who owns the right to receive all or part of the receipts payable under paragraph (2)(D) with respect to a sound recording. In a case in which there are multiple artist payees with respect to a sound recording, an objection by one such payee shall apply only to that payee's share of the receipts payable under paragraph (2)(D), and does not preclude payment under subparagraph (A) from the share of an artist payee that does not object.". Technical and Conforming Amendments. Section 114(g) of title 17, United States Code, as amended by subsections (a) and (b), is further amended in paragraph (2), by striking "An agent designated" and inserting "Except as provided for in paragraph (6), a collective designated by the Copyright Royalty Judges". In paragraph (3) by striking "agent designated" and inserting "collective designated by the Copyright Royalty Judges". And by striking "agent" and inserting "collective", each place it appears. And in paragraph (4), by striking "agent" and inserting "collective", each place it appears.
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Allocation for Music Producers Act or the AMP Act This bill amends federal copyright law to require a collective designated by the Copyright Royalty Judges to implement a policy providing for the acceptance of instructions from a person who owns the exclusive right to publicly perform a sound recording by means of a digital audio transmission, or from a recording artist of a such a sound recording, to distribute a portion of royalty payments to a producer, mixer, or sound engineer who was part of the creative process behind the sound recording. The collective must adopt special procedures for a producer, mixer, or sound engineer to receive a portion of royalties for recordings fixed before November 1, 1995, by certifying that a reasonable effort has been made to obtain a letter of direction from an artist who owns the right to receipts payable with respect to the sound recording.
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Allocation for Music Producers Act
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114_hr3376
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SECTION 1. FINDINGS.
(a) Findings.--Congress finds the following:
(1) The Federal Highway Administration estimates that there
are 604,485 bridges on the Nation's public road network, of
which 116,669 are on the National Highway System.
(2) The average age of the Nation's bridges is 39 years old
and more than two-thirds of the Nation's bridges are more than
26 years old.
(3) One in 9 bridges is classified as structurally
deficient and requires significant maintenance, repair, or
replacement.
(4) Fourteen percent of the Nation's bridges are
functionally obsolete and do not meet current design standards.
(5) The Federal Highway Administration estimates that to
eliminate the Nation's deficient bridge backlog by 2030, $20.2
billion of investment would be required annually through
Federal, State, and local levels of government, although
current annual bridge investment is approximately $17.1
billion.
(b) Definitions.--In this section, the following definitions apply:
(1) Eligible funds.--
(A) In general.--The term ``eligible funds'' means
funds--
(i) authorized or designated in--
(I) Public Law 109-59 or a prior
surface transportation authorization
Act; or
(II) an appropriations Act, or a
report accompanying an appropriations
Act, for allocation to a specific
surface transportation project or
activity; and
(ii) identified, not later than 60 days
after the date of enactment of this Act, by the
State in which the project or activity is
authorized to be carried out as being excess
funds or inactive funds.
(B) Inclusion.--The term ``eligible funds''
includes funds described in subparagraph (A) that were
allocated and designated for a demonstration project.
(2) Excess funds.--The term ``excess funds'' means--
(A) funds obligated for a specific surface
transportation project or activity that remain
available for the project or activity after the project
or activity has been completed or canceled; or
(B) an unobligated balance of funds allocated for a
specific surface transportation project or activity
that the State in which the project or activity is
authorized to be carried out certifies is no longer
needed for the project or activity.
(3) Inactive funds.--The term ``inactive funds'' means--
(A) an unobligated balance of Federal funds for an
eligible surface transportation project or activity
against which no more than 10 percent of the Federal
funds originally designated for the project or activity
have been obligated; or
(B) funds that are available to carry out a surface
transportation project or activity in a State, but, as
certified by the State, are unlikely to be advanced for
the project or activity during the 1-year period
beginning on the date of certification.
(c) Availability of Funds for Bridge Projects.--Eligible funds
shall be--
(1) made available in accordance with this section to the
State that originally received the funds; and
(2) available for obligation for any eligible project under
section 133(b)(2) or 133(b)(3) of title 23, United States Code.
(d) Authority To Obligate.--Notwithstanding the original source or
period of availability of eligible funds, the Secretary of
Transportation may, on the request by a State--
(1) obligate the funds for any eligible project under
section 133(b)(2) or 133(b)(3) of title 23, United States Code;
or
(2)(A) deobligate the funds; and
(B) reobligate the funds for any project eligible under
such sections.
(e) Period of Availability; Title 23 Requirements.--
(1) In general.--Notwithstanding the original source or
period of availability of eligible funds obligated (or
deobligated and reobligated) under subsection (d), the eligible
funds--
(A) shall remain available for obligation for a
period of 3 fiscal years after the fiscal year in which
this Act is enacted; and
(B) except as otherwise provided in this
subsection, shall be subject to the requirements of
title 23, United States Code, that apply to section 133
of that title, including provisions relating to Federal
share.
(2) No allocation based on population.--Section 133(d) of
title 23, United States Code, shall not apply to eligible funds
under this section.
(f) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives,
and the Committees on Appropriations of the Senate and the House of
Representatives a report describing any action taken by the Secretary
under this section.
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This bill authorizes the Department of Transportation to permit states to carry out bridge projects using previously allocated funds that have been identified as being excess or inactive. The projects may include operational improvements, capital and operating costs, environmental measures, and transportation control measures. The funds will remain available for three years after the year in which this bill is enacted.
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To authorize States to carry out bridge construction, maintenance, repair, and replacement projects using previously allocated surface transportation funds that are identified as being excess or inactive, and for other purposes.
| 5,968
| 422
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<SECTION-HEADER> FINDINGS. Findings. Congress finds the following: The Federal Highway Administration estimates that there are 604,485 bridges on the Nation's public road network, of which 116,669 are on the National Highway System. The average age of the Nation's bridges is 39 years old and more than two-thirds of the Nation's bridges are more than 26 years old. One in 9 bridges is classified as structurally deficient and requires significant maintenance, repair, or replacement. Fourteen percent of the Nation's bridges are functionally obsolete and do not meet current design standards. The Federal Highway Administration estimates that to eliminate the Nation's deficient bridge backlog by 2030, $20.2 billion of investment would be required annually through Federal, State, and local levels of government, although current annual bridge investment is approximately $17.1 billion. Definitions. In this section, the following definitions apply: Eligible funds. In general. The term "eligible funds" means funds authorized or designated in Public Law 109-59 or a prior surface transportation authorization Act. Or an appropriations Act, or a report accompanying an appropriations Act, for allocation to a specific surface transportation project or activity. And identified, not later than 60 days after the date of enactment of this Act, by the State in which the project or activity is authorized to be carried out as being excess funds or inactive funds. Inclusion. The term "eligible funds" includes funds described in subparagraph (A) that were allocated and designated for a demonstration project. Excess funds. The term "excess funds" means funds obligated for a specific surface transportation project or activity that remain available for the project or activity after the project or activity has been completed or canceled. Or an unobligated balance of funds allocated for a specific surface transportation project or activity that the State in which the project or activity is authorized to be carried out certifies is no longer needed for the project or activity. Inactive funds. The term "inactive funds" means an unobligated balance of Federal funds for an eligible surface transportation project or activity against which no more than 10 percent of the Federal funds originally designated for the project or activity have been obligated. Or funds that are available to carry out a surface transportation project or activity in a State, but, as certified by the State, are unlikely to be advanced for the project or activity during the 1-year period beginning on the date of certification. Availability of Funds for Bridge Projects. Eligible funds shall be made available in accordance with this section to the State that originally received the funds. And available for obligation for any eligible project under section 133(b)(2) or 133(b)(3) of title 23, United States Code. Authority To Obligate. Notwithstanding the original source or period of availability of eligible funds, the Secretary of Transportation may, on the request by a State obligate the funds for any eligible project under section 133(b)(2) or 133(b)(3) of title 23, United States Code, or (A) deobligate the funds. And reobligate the funds for any project eligible under such sections. Period of Availability. Title 23 Requirements. In general. Notwithstanding the original source or period of availability of eligible funds obligated under subsection (d), the eligible funds shall remain available for obligation for a period of 3 fiscal years after the fiscal year in which this Act is enacted. And except as otherwise provided in this subsection, shall be subject to the requirements of title 23, United States Code, that apply to section 133 of that title, including provisions relating to Federal share. No allocation based on population. Section 133(d) of title 23, United States Code, shall not apply to eligible funds under this section. Report. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives a report describing any action taken by the Secretary under this section.
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This bill authorizes the Department of Transportation to permit states to carry out bridge projects using previously allocated funds that have been identified as being excess or inactive. The projects may include operational improvements, capital and operating costs, environmental measures, and transportation control measures. The funds will remain available for three years after the year in which this bill is enacted.
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To authorize States to carry out bridge construction, maintenance, repair, and replacement projects using previously allocated surface transportation funds that are identified as being excess or inactive, and for other purposes.
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114_hr380
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Identity Theft Prevention
Act of 2015''.
SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON
MEDICARE CARDS.
(a) In General.--Section 205(c)(2)(C) of the Social Security Act
(42 U.S.C. 405(c)(2)(C)) is amended--
(1) by moving clause (x), as added by section 1414(a)(2) of
the Patient Protection and Affordable Care Act, 6 ems to the
left;
(2) by redesignating clause (x), as added by section
2(a)(1) of the Social Security Number Protection Act of 2010,
and clause (xi) as clauses (xi) and (xii), respectively; and
(3) by adding at the end the following new clause:
``(xiii) The Secretary of Health and Human Services, in
consultation with the Commissioner of Social Security, shall establish
cost-effective procedures to ensure that a Social Security account
number (or derivative thereof) is not displayed, coded, or embedded on
the Medicare card issued to an individual who is entitled to benefits
under part A of title XVIII or enrolled under part B of title XVIII and
that any other identifier displayed on such card is not identifiable as
a Social Security account number (or derivative thereof).''.
(b) Implementation.--In implementing clause (xiii) of section
205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as
added by subsection (a)(3), the Secretary of Health and Human Services
shall do the following:
(1) In general.--Establish a cost-effective process that
involves the least amount of disruption to, as well as
necessary assistance for, Medicare beneficiaries and health
care providers, such as a process that provides such
beneficiaries with access to assistance through a toll-free
telephone number and provides outreach to providers.
(2) Consideration of medicare beneficiary identified.--
Consider implementing a process, similar to the process
involving Railroad Retirement Board beneficiaries, under which
a Medicare beneficiary identifier which is not a Social
Security account number (or derivative thereof) is used
external to the Department of Health and Human Services and is
convertible over to a Social Security account number (or
derivative thereof) for use internal to such Department and the
Social Security Administration.
(c) Funding for Implementation.--For purposes of implementing the
provisions of and the amendments made by this section, the Secretary of
Health and Human Services shall provide for the following transfers
from the Federal Hospital Insurance Trust Fund under section 1817 of
the Social Security Act (42 U.S.C. 1395i) and from the Federal
Supplementary Medical Insurance Trust Fund established under section
1841 of such Act (42 U.S.C. 1395t), in such proportions as the
Secretary determines appropriate:
(1) To the Centers for Medicare & Medicaid Program
Management Account, transfers of the following amounts:
(A) For fiscal year 2015, $65,000,000, to be made
available through fiscal year 2018.
(B) For each of fiscal years 2016 and 2017,
$53,000,000, to be made available through fiscal year
2018.
(C) For fiscal year 2018, $48,000,000, to be made
available until expended.
(2) To the Social Security Administration Limitation on
Administration Account, transfers of the following amounts:
(A) For fiscal year 2015, $27,000,000, to be made
available through fiscal year 2018.
(B) For each of fiscal years 2016 and 2017,
$22,000,000, to be made available through fiscal year
2018.
(C) For fiscal year 2018, $27,000,000, to be made
available until expended.
(3) To the Railroad Retirement Board Limitation on
Administration Account, the following amount:
(A) For fiscal year 2015, $3,000,000, to be made
available until expended.
(d) Effective Date.--
(1) In general.--Clause (xiii) of section 205(c)(2)(C) of
the Social Security Act (42 U.S.C. 405(c)(2)(C)), as added by
subsection (a)(3), shall apply with respect to Medicare cards
issued on and after an effective date specified by the
Secretary of Health and Human Services, but in no case shall
such effective date be later than the date that is four years
after the date of the enactment of this Act.
(2) Reissuance.--The Secretary shall provide for the
reissuance of Medicare cards that comply with the requirements
of such clause not later than four years after the effective
date specified by the Secretary under paragraph (1).
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Medicare Identity Theft Prevention Act of 2015 Amends title II (OASDI) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to establish cost-effective procedures to ensure that: (1) a Social Security account number is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A of SSA title XVIII (Medicare) or enrolled under Medicare part B. And (2) any other identifier displayed on such card is not identifiable as a Social Security account number .
|
Medicare Identity Theft Prevention Act of 2015
| 5,077
| 539
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Medicare Identity Theft Prevention Act of 2015". <SECTION-HEADER> PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON MEDICARE CARDS. In General. Section 205(c)(2)(C) of the Social Security Act (42 USC. 405(c)(2)(C)) is amended by moving clause (x), as added by section 1414(a)(2) of the Patient Protection and Affordable Care Act, 6 ems to the left. By redesignating clause (x), as added by section 2(a)(1) of the Social Security Number Protection Act of 2010, and clause (xi) as clauses (xi) and (xii), respectively. And by adding at the end the following new clause: The Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall establish cost-effective procedures to ensure that a Social Security account number is not displayed, coded, or embedded on the Medicare card issued to an individual who is entitled to benefits under part A of title XVIII or enrolled under part B of title XVIII and that any other identifier displayed on such card is not identifiable as a Social Security account number .". Implementation. In implementing clause (xiii) of section 205(c)(2)(C) of the Social Security Act (42 USC. 405(c)(2)(C)), as added by subsection (a)(3), the Secretary of Health and Human Services shall do the following: In general. Establish a cost-effective process that involves the least amount of disruption to, as well as necessary assistance for, Medicare beneficiaries and health care providers, such as a process that provides such beneficiaries with access to assistance through a toll-free telephone number and provides outreach to providers. Consideration of medicare beneficiary identified. Consider implementing a process, similar to the process involving Railroad Retirement Board beneficiaries, under which a Medicare beneficiary identifier which is not a Social Security account number is used external to the Department of Health and Human Services and is convertible over to a Social Security account number for use internal to such Department and the Social Security Administration. Funding for Implementation. For purposes of implementing the provisions of and the amendments made by this section, the Secretary of Health and Human Services shall provide for the following transfers from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act and from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act , in such proportions as the Secretary determines appropriate: To the Centers for Medicare Medicaid Program Management Account, transfers of the following amounts: For fiscal year 2015, $65,000,000, to be made available through fiscal year 2018. For each of fiscal years 2016 and 2017, $53,000,000, to be made available through fiscal year 2018. For fiscal year 2018, $48,000,000, to be made available until expended. To the Social Security Administration Limitation on Administration Account, transfers of the following amounts: For fiscal year 2015, $27,000,000, to be made available through fiscal year 2018. For each of fiscal years 2016 and 2017, $22,000,000, to be made available through fiscal year 2018. For fiscal year 2018, $27,000,000, to be made available until expended. To the Railroad Retirement Board Limitation on Administration Account, the following amount: For fiscal year 2015, $3,000,000, to be made available until expended. Effective Date. In general. Clause (xiii) of section 205(c)(2)(C) of the Social Security Act (42 USC. 405(c)(2)(C)), as added by subsection (a)(3), shall apply with respect to Medicare cards issued on and after an effective date specified by the Secretary of Health and Human Services, but in no case shall such effective date be later than the date that is four years after the date of the enactment of this Act. Reissuance. The Secretary shall provide for the reissuance of Medicare cards that comply with the requirements of such clause not later than four years after the effective date specified by the Secretary under paragraph (1).
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Medicare Identity Theft Prevention Act of 2015 Amends title II (OASDI) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to establish cost-effective procedures to ensure that: (1) a Social Security account number is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A of SSA title XVIII (Medicare) or enrolled under Medicare part B. And (2) any other identifier displayed on such card is not identifiable as a Social Security account number .
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Medicare Identity Theft Prevention Act of 2015
|
113_s2088
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Natural Gas Security and
Consumer Protection Act''.
SEC. 2. AUTHORIZATION FOR THE EXPORTATION OF NATURAL GAS.
Section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)) is
amended--
(1) by inserting before ``After six months from the date on
which'' the following: ``(1) Authorization for the importation
of natural gas.--'';
(2) by striking ``export any natural gas from the United
States to a foreign country or'';
(3) by striking ``exportation or''; and
(4) by adding at the end the following new paragraphs:
``(2) Authorization for the Exportation of Natural Gas.--
``(A) Prohibition.--No person may export any natural gas
from the United States to a foreign country without first
having secured an order of the Secretary of Energy authorizing
such person to do so.
``(B) Issuance of orders.--The Secretary of Energy may
issue an order authorizing a person to export natural gas from
the United States to a foreign country, upon application, if
the Secretary determines that the proposed exportation will be
consistent with the public interest, in accordance with the
regulations issued under paragraph (3)(B). The Secretary may by
order grant such application, in whole or in part, with such
modification and upon such terms and conditions as the
Secretary may find necessary or appropriate.
``(C) Timing.--No order may be issued by the Secretary of
Energy under this paragraph prior to the date on which the
Secretary issues final regulations under paragraph (3)(B).
``(3) Public Interest Determination.--
``(A) NEPA review.--The Secretary of Energy shall issue a
detailed statement under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) of the
environmental impact of the issuance of orders under paragraph
(2), including by conducting an analysis of the impacts of
extraction of exported natural gas on the environment in
communities where the natural gas is extracted.
``(B) Regulations.--
``(i) Deadline.--Not later than 2 years after the
date of enactment of this paragraph, the Secretary of
Energy shall issue final regulations, after notice and
public comment, for determining whether an export of
natural gas from the United States to a foreign country
is in the public interest for purposes of issuing an
order under paragraph (2).
``(ii) Contents.--Regulations issued under this
paragraph shall require the Secretary of Energy to
determine, with respect to each application for export
of natural gas from the United States to a foreign
country, whether such export is in the public interest
through--
``(I) use of the latest available data on
current and projected United States natural gas
demands, production, and price;
``(II) consideration of the effects of such
natural gas exports on--
``(aa) household and business
energy expenditures by electricity and
natural gas consumers in the United
States;
``(bb) the United States economy,
jobs, and manufacturing, including such
effects on wages, investment, and
energy intensive and trade exposed
industries, as determined by the
Secretary;
``(cc) the energy security of the
United States, including the ability of
the United States to reduce its
reliance on imported oil;
``(dd) the conservation of domestic
natural gas supplies to meet the future
energy needs of the United States;
``(ee) the potential for natural
gas use in the transportation,
industrial, and electricity sectors of
the United States;
``(ff) the ability of the United
States to reduce greenhouse gas
emissions;
``(gg) the national security and
foreign policy of the United States;
``(hh) domestic natural gas supply
and availability, including such
effects on pipelines and other
infrastructure;
``(ii) the balance of trade of the
United States; and
``(jj) other issues determined
relevant by the Secretary; and
``(III) consideration of the detailed
statement issued under subparagraph (A).
``(4) Exemptions.--Paragraph (2) does not apply with respect to any
order authorizing the exportation of natural gas if the natural gas
that would be exported as a result of the order is exported solely to
meet a requirement imposed pursuant to section 203 of the International
Emergency Economic Powers Act (50 U.S.C. 1702), section 5(b) of the
Trading with the Enemy Act (50 U.S.C. App. 5(b)), or part B of title II
of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.). In
such cases, the Secretary of Energy may issue such order upon
application without modification or delay.''.
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American Natural Gas Security and Consumer Protection Act - Amends the Natural Gas Act to prohibit any person from exporting any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy (DOE) authorizing such person to do so. Allows the Secretary to issue an order authorizing such exportation, upon application, if the Secretary determines that the proposed exportation will be consistent with the public interest. Requires the Secretary to issue an environmental impact statement (EIS) under the National Environmental Policy Act of 1969 on such an order, including by analyzing the impacts of extraction of exported natural gas on the environment in communities where the natural gas is extracted. Directs the Secretary to issue final regulations for determining whether an export of natural gas from the United States to a foreign country is in the public interest. Exempts any export authorization order from such EIS and public interest requirements if the natural gas would be exported solely to meet certain requirements of: (1) the International Emergency Economic Powers Act , (2) the Trading with the Enemy Act , or (3) the Energy Policy and Conservation Act . Authorizes the Secretary to issue such an order upon application in such cases without modification or delay.
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American Natural Gas Security and Consumer Protection Act
| 6,429
| 1,345
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "American Natural Gas Security and Consumer Protection Act". <SECTION-HEADER> AUTHORIZATION FOR THE EXPORTATION OF NATURAL GAS. Section 3(a) of the Natural Gas Act (15 USC. 717b(a)) is amended by inserting before "After six months from the date on which" the following: "(1) Authorization for the importation of natural gas. ". By striking "export any natural gas from the United States to a foreign country or", by striking "exportation or". And by adding at the end the following new paragraphs: Authorization for the Exportation of Natural Gas. Prohibition. No person may export any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. Issuance of orders. The Secretary of Energy may issue an order authorizing a person to export natural gas from the United States to a foreign country, upon application, if the Secretary determines that the proposed exportation will be consistent with the public interest, in accordance with the regulations issued under paragraph (3)(B). The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate. Timing. No order may be issued by the Secretary of Energy under this paragraph prior to the date on which the Secretary issues final regulations under paragraph (3)(B). Public Interest Determination. NEPA review. The Secretary of Energy shall issue a detailed statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 USC. 4332(2)(C)) of the environmental impact of the issuance of orders under paragraph , including by conducting an analysis of the impacts of extraction of exported natural gas on the environment in communities where the natural gas is extracted. Regulations. Deadline. Not later than 2 years after the date of enactment of this paragraph, the Secretary of Energy shall issue final regulations, after notice and public comment, for determining whether an export of natural gas from the United States to a foreign country is in the public interest for purposes of issuing an order under paragraph (2). Contents. Regulations issued under this paragraph shall require the Secretary of Energy to determine, with respect to each application for export of natural gas from the United States to a foreign country, whether such export is in the public interest through use of the latest available data on current and projected United States natural gas demands, production, and price. Consideration of the effects of such natural gas exports on household and business energy expenditures by electricity and natural gas consumers in the United States. The United States economy, jobs, and manufacturing, including such effects on wages, investment, and energy intensive and trade exposed industries, as determined by the Secretary. The energy security of the United States, including the ability of the United States to reduce its reliance on imported oil. The conservation of domestic natural gas supplies to meet the future energy needs of the United States. The potential for natural gas use in the transportation, industrial, and electricity sectors of the United States. The ability of the United States to reduce greenhouse gas emissions, the national security and foreign policy of the United States. Domestic natural gas supply and availability, including such effects on pipelines and other infrastructure, the balance of trade of the United States, and other issues determined relevant by the Secretary. And consideration of the detailed statement issued under subparagraph (A). Exemptions. Paragraph (2) does not apply with respect to any order authorizing the exportation of natural gas if the natural gas that would be exported as a result of the order is exported solely to meet a requirement imposed pursuant to section 203 of the International Emergency Economic Powers Act , section 5(b) of the Trading with the Enemy Act (50 USC. App. 5(b)), or part B of title II of the Energy Policy and Conservation Act . In such cases, the Secretary of Energy may issue such order upon application without modification or delay.".
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American Natural Gas Security and Consumer Protection Act - Amends the Natural Gas Act to prohibit any person from exporting any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy (DOE) authorizing such person to do so. Allows the Secretary to issue an order authorizing such exportation, upon application, if the Secretary determines that the proposed exportation will be consistent with the public interest. Requires the Secretary to issue an environmental impact statement (EIS) under the National Environmental Policy Act of 1969 on such an order, including by analyzing the impacts of extraction of exported natural gas on the environment in communities where the natural gas is extracted. Directs the Secretary to issue final regulations for determining whether an export of natural gas from the United States to a foreign country is in the public interest. Exempts any export authorization order from such EIS and public interest requirements if the natural gas would be exported solely to meet certain requirements of: (1) the International Emergency Economic Powers Act , (2) the Trading with the Enemy Act , or (3) the Energy Policy and Conservation Act . Authorizes the Secretary to issue such an order upon application in such cases without modification or delay.
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American Natural Gas Security and Consumer Protection Act
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110_hr3466
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blue Collar Computing and Business
Assistance Act of 2007''.
SEC. 2. ADVANCED MULTIDISCIPLINARY COMPUTING SOFTWARE CENTERS.
(a) Definitions.--In this section:
(1) Advanced multidisciplinary computing software center;
center.--The terms ``Advanced Multidisciplinary Computing
Software Center'' and ``Center'' mean a center created by an
eligible entity with a grant awarded under subsection (b).
(2) Eligible entity.--The term ``eligible entity'' means
any--
(A) nonprofit organization;
(B) consortium of nonprofit organizations; or
(C) partnership between a for-profit and a
nonprofit organization.
(3) Nonprofit organization.--The term ``nonprofit
organization'' means any organization that--
(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986; and
(B) is exempt from taxation under section 501(a) of
such Code.
(4) Small business or manufacturer.--The terms ``small
business or manufacturer'' and ``small business and
manufacturer'' have the meaning given the term ``small business
concern'' in section 3(a) of the Small Business Act (15 U.S.C.
632(a)), including a small manufacturing concern.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Technology of the Department of
Commerce.
(b) Grants.--
(1) In general.--The Under Secretary shall award grants to
eligible entities to establish up to 5 Advanced
Multidisciplinary Computing Software Centers throughout the
United States.
(2) Purposes.--Each Center established with grant funds
awarded under paragraph (1) shall--
(A) conduct general outreach to small businesses
and manufacturers in all industry sectors within the
geographic region assigned to the Center by the Under
Secretary; and
(B) conduct technology transfer, development, and
utilization programs for businesses throughout the
United States in the specific industry sector assigned
to the Center by the Under Secretary.
(3) Application.--
(A) In general.--Each eligible entity desiring a
grant under this subsection shall submit an application
to the Under Secretary at such time, in such manner,
and accompanied by such additional information as the
Under Secretary may reasonably require.
(B) Publication in federal register.--Not later
than 6 months after the date of enactment of this Act,
the Under Secretary shall publish the application
requirements referred to in subparagraph (A) in the
Federal Register.
(C) Contents.--Each application submitted under
subparagraph (A) shall--
(i) conform to the requirements prescribed
by the Under Secretary under this paragraph;
and
(ii) contain a proposal for the allocation
of the legal rights associated with any
invention that may result from the activities
of the proposed Center.
(D) Selection criteria.--In evaluating each
application submitted under subparagraph (A) on the
basis of merit, the Under Secretary shall consider--
(i) the extent to which the eligible
entity--
(I) has a partnership with
nonprofit organizations, businesses,
software vendors, and academia
recognized for relevant expertise in
its selected industry sector;
(II) uses State-funded academic
supercomputing centers and universities
or colleges with expertise in the
computational needs of the industry
assigned to the eligible entity under
paragraph (2)(B);
(III) has a history of working with
small businesses and manufacturers;
(IV) has experience providing
educational programs aimed at helping
organizations adopt the use of high-
performance computing and computational
science;
(V) has partnerships with education
or training organizations that can help
educate future workers on the
application of computational science to
industry needs;
(VI) is accessible to businesses,
academia, incubators, or other economic
development organizations via high-
speed networks; and
(VII) is capable of partnering with
small businesses and manufacturers to
enhance the ability of such entities to
compete in the global marketplace;
(ii) the ability of the eligible entity to
enter successfully into collaborative
agreements with small businesses and
manufacturers to experiment with new high
performance computing and computational science
technologies; and
(iii) such other factors as the Under
Secretary considers relevant.
(4) Maximum amount.--The Under Secretary may not award a
grant under this subsection in an amount which exceeds
$5,000,000 for any year of the grant period.
(5) Duration.--
(A) In general.--Except as provided under
subparagraph (B), a grant may not be awarded under this
subsection for a period exceeding 5 years.
(B) Renewal.--The Under Secretary may renew any
grant awarded under this subsection.
(6) Matching requirement.--
(A) In general.--The Under Secretary may not award
a grant under this subsection unless the eligible
entity receiving such grant agrees to provide not less
than 50 percent of the capital and annual operating and
maintenance funds required to create and maintain the
Center established with such grant funds.
(B) Funding from other federal, state, or local
government agencies.--The funds provided by the
eligible entity under subparagraph (A) may include
amounts received by the eligible entity from the
Federal Government (other than the Department of
Commerce), a State, or a unit of local government.
(7) Limitation on administrative expenses.--The Under
Secretary may establish a reasonable limitation on the portion
of each grant awarded under this subsection that may be used
for administrative expenses or other overhead costs.
(8) Fees and alternative funding sources authorized.--
(A) In general.--A Center established with a grant
awarded under this subsection may, in accordance with
regulations established by the Under Secretary--
(i) collect a nominal fee from a small
business or manufacturer for a service provided
under this section, if such fee is utilized for
the budget and operation of the Center; and
(ii) accept financial assistance from the
Federal Government (other than the Department
of Commerce) for capital costs and operating
budget expenses.
(B) Condition.--Any Center receiving financial
assistance from the Federal Government (other than the
Department of Commerce) may be selected, and if
selected shall be operated, in accordance with this
section.
(c) Use of Funds.--Grant funds received under subsection (b) shall
be used for the benefit of businesses in the industry sector designated
by the Under Secretary under subsection (b)(2)(B) to--
(1) create a repository of nonclassified, nonproprietary
new and existing federally funded software and algorithms;
(2) test and validate software in the repository;
(3) determine when and how the industry sector it serves
could benefit from resources in the repository;
(4) work with software vendors to commercialize repository
software and algorithms from the repository;
(5) make software available to small businesses and
manufacturers where it has not been commercialized by a
software vendor;
(6) help software vendors, small businesses, and
manufacturers test or utilize the software on high-performance
computing systems; and
(7) maintain a research and outreach team that will work
with small businesses and manufacturers to aid in the
identification of software or computational science techniques
which can be used to solve challenging problems, or meet
contemporary business needs of such organizations.
(d) Reports and Evaluations.--
(1) Annual report.--Each eligible entity that receives a
grant under subsection (b) shall submit an annual report to the
Under Secretary that describes--
(A) the goals of the Center established by the
eligible entity; and
(B) the progress made by the eligible entity in
achieving the purposes described in subsection (b)(2).
(2) Evaluation.--The Under Secretary shall establish a peer
review committee, composed of representatives from industry and
academia, to review the goals and progress made by each Center
during the grant period.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$25,000,000 for each of the fiscal years 2008 through 2012 to
carry out this section.
(2) Availability.--Funds appropriated pursuant to paragraph
(1) shall remain available until expended.
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Blue Collar Computing and Business Assistance Act of 2007 - Directs the Under Secretary of Technology of the Department of Commerce to award grants to eligible entities to establish up to five Advanced Multidisciplinary Computing Software Centers throughout the United States. Requires each Center to conduct: (1) general outreach to small businesses and manufacturers in all industry sectors within the geographic region assigned to the Center by the Under Secretary. And (2) technology transfer, development, and utilization programs for businesses throughout the United States in the specific industry sector assigned to the Center by the Under Secretary.
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To award grants to establish Advanced Multidisciplinary Computing Software Centers, which shall conduct outreach, technology transfer, development, and utilization programs in specific industries and geographic regions for the benefit of small and medium-sized manufacturers and businesses.
| 11,688
| 658
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Blue Collar Computing and Business Assistance Act of 2007". <SECTION-HEADER> ADVANCED MULTIDISCIPLINARY COMPUTING SOFTWARE CENTERS. Definitions. In this section: Advanced multidisciplinary computing software center. Center. The terms "Advanced Multidisciplinary Computing Software Center" and "Center" mean a center created by an eligible entity with a grant awarded under subsection (b). Eligible entity. The term "eligible entity" means any nonprofit organization, consortium of nonprofit organizations. Or partnership between a for-profit and a nonprofit organization. Nonprofit organization. The term "nonprofit organization" means any organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986. And is exempt from taxation under section 501(a) of such Code. Small business or manufacturer. The terms "small business or manufacturer" and "small business and manufacturer" have the meaning given the term "small business concern" in section 3(a) of the Small Business Act (15 USC. 632(a)), including a small manufacturing concern. Under secretary. The term "Under Secretary" means the Under Secretary for Technology of the Department of Commerce. Grants. In general. The Under Secretary shall award grants to eligible entities to establish up to 5 Advanced Multidisciplinary Computing Software Centers throughout the United States. Purposes. Each Center established with grant funds awarded under paragraph (1) shall conduct general outreach to small businesses and manufacturers in all industry sectors within the geographic region assigned to the Center by the Under Secretary. And conduct technology transfer, development, and utilization programs for businesses throughout the United States in the specific industry sector assigned to the Center by the Under Secretary. Application. In general. Each eligible entity desiring a grant under this subsection shall submit an application to the Under Secretary at such time, in such manner, and accompanied by such additional information as the Under Secretary may reasonably require. Publication in federal register. Not later than 6 months after the date of enactment of this Act, the Under Secretary shall publish the application requirements referred to in subparagraph (A) in the Federal Register. Contents. Each application submitted under subparagraph (A) shall conform to the requirements prescribed by the Under Secretary under this paragraph. And contain a proposal for the allocation of the legal rights associated with any invention that may result from the activities of the proposed Center. Selection criteria. In evaluating each application submitted under subparagraph (A) on the basis of merit, the Under Secretary shall consider the extent to which the eligible entity has a partnership with nonprofit organizations, businesses, software vendors, and academia recognized for relevant expertise in its selected industry sector. Uses State-funded academic supercomputing centers and universities or colleges with expertise in the computational needs of the industry assigned to the eligible entity under paragraph (2)(B), has a history of working with small businesses and manufacturers. Has experience providing educational programs aimed at helping organizations adopt the use of high- performance computing and computational science. Has partnerships with education or training organizations that can help educate future workers on the application of computational science to industry needs. Is accessible to businesses, academia, incubators, or other economic development organizations via high- speed networks. And is capable of partnering with small businesses and manufacturers to enhance the ability of such entities to compete in the global marketplace. The ability of the eligible entity to enter successfully into collaborative agreements with small businesses and manufacturers to experiment with new high performance computing and computational science technologies. And such other factors as the Under Secretary considers relevant. Maximum amount. The Under Secretary may not award a grant under this subsection in an amount which exceeds $5,000,000 for any year of the grant period. Duration. In general. Except as provided under subparagraph (B), a grant may not be awarded under this subsection for a period exceeding 5 years. Renewal. The Under Secretary may renew any grant awarded under this subsection. Matching requirement. In general. The Under Secretary may not award a grant under this subsection unless the eligible entity receiving such grant agrees to provide not less than 50 percent of the capital and annual operating and maintenance funds required to create and maintain the Center established with such grant funds. Funding from other federal, state, or local government agencies. The funds provided by the eligible entity under subparagraph (A) may include amounts received by the eligible entity from the Federal Government , a State, or a unit of local government. Limitation on administrative expenses. The Under Secretary may establish a reasonable limitation on the portion of each grant awarded under this subsection that may be used for administrative expenses or other overhead costs. Fees and alternative funding sources authorized. In general. A Center established with a grant awarded under this subsection may, in accordance with regulations established by the Under Secretary collect a nominal fee from a small business or manufacturer for a service provided under this section, if such fee is utilized for the budget and operation of the Center. And accept financial assistance from the Federal Government for capital costs and operating budget expenses. Condition. Any Center receiving financial assistance from the Federal Government may be selected, and if selected shall be operated, in accordance with this section. Use of Funds. Grant funds received under subsection (b) shall be used for the benefit of businesses in the industry sector designated by the Under Secretary under subsection (b)(2)(B) to create a repository of nonclassified, nonproprietary new and existing federally funded software and algorithms, test and validate software in the repository. Determine when and how the industry sector it serves could benefit from resources in the repository. Work with software vendors to commercialize repository software and algorithms from the repository. Make software available to small businesses and manufacturers where it has not been commercialized by a software vendor. Help software vendors, small businesses, and manufacturers test or utilize the software on high-performance computing systems. And maintain a research and outreach team that will work with small businesses and manufacturers to aid in the identification of software or computational science techniques which can be used to solve challenging problems, or meet contemporary business needs of such organizations. Reports and Evaluations. Annual report. Each eligible entity that receives a grant under subsection (b) shall submit an annual report to the Under Secretary that describes the goals of the Center established by the eligible entity. And the progress made by the eligible entity in achieving the purposes described in subsection (b)(2). Evaluation. The Under Secretary shall establish a peer review committee, composed of representatives from industry and academia, to review the goals and progress made by each Center during the grant period. Authorization of Appropriations. In general. There are authorized to be appropriated $25,000,000 for each of the fiscal years 2008 through 2012 to carry out this section. Availability. Funds appropriated pursuant to paragraph shall remain available until expended.
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Blue Collar Computing and Business Assistance Act of 2007 - Directs the Under Secretary of Technology of the Department of Commerce to award grants to eligible entities to establish up to five Advanced Multidisciplinary Computing Software Centers throughout the United States. Requires each Center to conduct: (1) general outreach to small businesses and manufacturers in all industry sectors within the geographic region assigned to the Center by the Under Secretary. And (2) technology transfer, development, and utilization programs for businesses throughout the United States in the specific industry sector assigned to the Center by the Under Secretary.
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To award grants to establish Advanced Multidisciplinary Computing Software Centers, which shall conduct outreach, technology transfer, development, and utilization programs in specific industries and geographic regions for the benefit of small and medium-sized manufacturers and businesses.
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112_s2254
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Drug Monitoring
Efficiency and Data Sharing Act of 2012'' or the ``ID MEDS Act''.
SEC. 2. NATIONAL INTEROPERABILITY STANDARDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Attorney General shall establish national
interoperability standards to facilitate the exchange of prescription
information across State lines by States receiving grant funds under--
(1) the Harold Rogers Prescription Drug Monitoring Program
established under the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
2002 (Public Law 107-77; 115 Stat. 748); and
(2) the Controlled Substance Monitoring Program established
under section 399O of the Public Health Service Act (42 U.S.C.
280g-3).
(b) Requirements.--The Attorney General, in consultation with the
Secretary of Health and Human Services, shall ensure that the national
interoperability standards established under subsection (a)--
(1) implement open standards that are freely available,
without cost and without restriction, in order to promote broad
implementation;
(2) provide for the use of exchange intermediaries, or
hubs, as necessary to facilitate interstate interoperability by
accommodating State-to-hub and direct State-to-State
communication;
(3) support transmissions that are fully secured as
required, using industry standard methods of encryption, to
ensure that Protected Health Information and Personally
Identifiable Information (PHI and PII) are not compromised at
any point during such transmission; and
(4) employ access control methodologies to share protected
information solely in accordance with State laws and
regulations.
SEC. 3. STATE RECIPIENT REQUIREMENTS.
(a) Harold Rogers Prescription Drug Monitoring Program.--
(1) In general.--Not later than 1 year after the date on
which the Attorney General establishes national
interoperability standards under section 2(a), a recipient of a
grant under the Harold Rogers Prescription Drug Monitoring
Program established under the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 2002 (Public Law 107-77; 115 Stat. 748) shall ensure that
the databases of the State comply with such national
interoperability standards.
(2) Use of enhancement grant funds.--A recipient of an
enhancement grant under the Harold Rogers Prescription Drug
Monitoring Program established under the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2002 (Public Law 107-77; 115 Stat.
748) may use enhancement grant funds to standardize the
technology architecture used by the recipient to comply with
the national interoperability standards established under
section (2)(a).
(b) Controlled Substance Monitoring Program.--Section 399O(e) of
the Public Health Service Act (42 U.S.C. 280g-3(e)) is amended by
adding at the end the following:
``(5) Not later than 1 year after the date on which the
Attorney General establishes national interoperability
standards under section 2(a) of the ID MEDS Act, the State
shall ensure that the database complies with such national
interoperability standards.''.
SEC. 4. REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Attorney General, in consultation with the Secretary
of Health and Human Services, shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report on enhancing the interoperability of State
prescription monitoring programs with other technologies and databases
used for detecting and reducing fraud, diversion, and abuse of
prescription drugs.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a discussion of the feasibility of making State
prescription monitoring programs interoperable with other
relevant technologies and databases, including--
(A) electronic prescribing systems;
(B) databases operated by the Drug Enforcement
Agency;
(C) electronic health records; and
(D) pre-payment fraud-detecting analytics
technologies;
(2) an assessment of legal, technical, fiscal, privacy, or
security challenges that have an impact on interoperability;
(3) a discussion of how State prescription monitoring
programs could increase the production and distribution of
unsolicited reports to prescribers and dispensers of
prescription drugs, law enforcement officials, and health
professional licensing agencies, including the enhancement of
such reporting through interoperability with other States and
relevant technology and databases; and
(4) any recommendations for addressing challenges that
impact interoperability of State prescription monitoring
programs in order to reduce fraud, diversion, and abuse of
prescription drugs.
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Interstate Drug Monitoring Efficiency and Data Sharing Act of 2012 or the ID MEDS Act - Directs the Attorney General to establish national interoperability standards to facilitate the exchange of prescription information by states receiving grant funds under the Harold Rogers Prescription Drug Monitoring Program and the Controlled Substance Monitoring Program . Directs the Attorney General to ensure that such standards: (1) implement open standards that are freely available to promote broad implementation. (2) provide for the use of exchange intermediaries to facilitate interstate interoperability. (3) support transmissions that are fully secured, using industry standard methods of encryption, to ensure that protected health information and personally identifiable information are not compromised during transmission. And (4) employ access control methodologies to share protected information solely in accordance with state laws and regulations. Requires a grant recipient under the Rogers Program to ensure that the state databases comply with the national interoperability standards. Allows a recipient of an enhancement grant under such Program to use grant funds to standardize the technology architecture used by the recipient to comply with such standards. Amends the Public Health Service Act to require states to ensure that databases established under the CS Program comply with such standards. Directs the Attorney General to report on enhancing the interoperability of state prescription monitoring programs with other technologies and databases used for detecting and reducing fraud, diversion, and abuse of prescription drugs.
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A bill to direct the Attorney General to establish uniform standards for the exchange of controlled substance and prescription information for the purpose of preventing diversion, fraud, and abuse of controlled substances and other prescription drugs.
| 5,617
| 1,650
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Interstate Drug Monitoring Efficiency and Data Sharing Act of 2012" or the "ID MEDS Act". <SECTION-HEADER> NATIONAL INTEROPERABILITY STANDARDS. In General. Not later than 1 year after the date of enactment of this Act, the Attorney General shall establish national interoperability standards to facilitate the exchange of prescription information across State lines by States receiving grant funds under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002. And the Controlled Substance Monitoring Program established under section 399O of the Public Health Service Act . Requirements. The Attorney General, in consultation with the Secretary of Health and Human Services, shall ensure that the national interoperability standards established under subsection (a) implement open standards that are freely available, without cost and without restriction, in order to promote broad implementation. Provide for the use of exchange intermediaries, or hubs, as necessary to facilitate interstate interoperability by accommodating State-to-hub and direct State-to-State communication. Support transmissions that are fully secured as required, using industry standard methods of encryption, to ensure that Protected Health Information and Personally Identifiable Information are not compromised at any point during such transmission. And employ access control methodologies to share protected information solely in accordance with State laws and regulations. <SECTION-HEADER> STATE RECIPIENT REQUIREMENTS. Harold Rogers Prescription Drug Monitoring Program. In general. Not later than 1 year after the date on which the Attorney General establishes national interoperability standards under section 2(a), a recipient of a grant under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 shall ensure that the databases of the State comply with such national interoperability standards. Use of enhancement grant funds. A recipient of an enhancement grant under the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 may use enhancement grant funds to standardize the technology architecture used by the recipient to comply with the national interoperability standards established under section (2)(a). Controlled Substance Monitoring Program. Section 399O(e) of the Public Health Service Act (42 USC. 280g-3(e)) is amended by adding at the end the following: Not later than 1 year after the date on which the Attorney General establishes national interoperability standards under section 2(a) of the ID MEDS Act, the State shall ensure that the database complies with such national interoperability standards.". <SECTION-HEADER> REPORT. In General. Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Health and Human Services, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on enhancing the interoperability of State prescription monitoring programs with other technologies and databases used for detecting and reducing fraud, diversion, and abuse of prescription drugs. Contents. The report required under subsection (a) shall include a discussion of the feasibility of making State prescription monitoring programs interoperable with other relevant technologies and databases, including electronic prescribing systems, databases operated by the Drug Enforcement Agency, electronic health records, and pre-payment fraud-detecting analytics technologies. An assessment of legal, technical, fiscal, privacy, or security challenges that have an impact on interoperability. A discussion of how State prescription monitoring programs could increase the production and distribution of unsolicited reports to prescribers and dispensers of prescription drugs, law enforcement officials, and health professional licensing agencies, including the enhancement of such reporting through interoperability with other States and relevant technology and databases. And any recommendations for addressing challenges that impact interoperability of State prescription monitoring programs in order to reduce fraud, diversion, and abuse of prescription drugs.
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Interstate Drug Monitoring Efficiency and Data Sharing Act of 2012 or the ID MEDS Act - Directs the Attorney General to establish national interoperability standards to facilitate the exchange of prescription information by states receiving grant funds under the Harold Rogers Prescription Drug Monitoring Program and the Controlled Substance Monitoring Program . Directs the Attorney General to ensure that such standards: (1) implement open standards that are freely available to promote broad implementation. (2) provide for the use of exchange intermediaries to facilitate interstate interoperability. (3) support transmissions that are fully secured, using industry standard methods of encryption, to ensure that protected health information and personally identifiable information are not compromised during transmission. And (4) employ access control methodologies to share protected information solely in accordance with state laws and regulations. Requires a grant recipient under the Rogers Program to ensure that the state databases comply with the national interoperability standards. Allows a recipient of an enhancement grant under such Program to use grant funds to standardize the technology architecture used by the recipient to comply with such standards. Amends the Public Health Service Act to require states to ensure that databases established under the CS Program comply with such standards. Directs the Attorney General to report on enhancing the interoperability of state prescription monitoring programs with other technologies and databases used for detecting and reducing fraud, diversion, and abuse of prescription drugs.
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A bill to direct the Attorney General to establish uniform standards for the exchange of controlled substance and prescription information for the purpose of preventing diversion, fraud, and abuse of controlled substances and other prescription drugs.
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110_hr3376
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Witness Protection Enhancement Act
of 2007''.
SEC. 2. SHORT-TERM STATE WITNESS PROTECTION SECTION.
(a) Establishment.--
(1) In general.--Chapter 37 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 570. Short-Term State Witness Protection Section
``(a) In General.--There is established in the United States
Marshals Service a Short-Term State Witness Protection Section which
shall provide protection for witnesses in State and local trials
involving homicide or other major violent crimes pursuant to
cooperative agreements with State and local criminal prosecutor's
offices and the United States attorney for the District of Columbia.
``(b) Eligibility.--
``(1) In general.--The Short-Term State Witness Protection
Section shall give priority in awarding grants and providing
services to--
``(A) criminal prosecutor's offices for States with
an average of not less than 100 murders per year; and
``(B) criminal prosecutor's offices for
jurisdictions that include a city, town, or township
with an average violent crime rate per 100,000
inhabitants that is above the national average.
``(2) Calculation.--The rate of murders and violent crime
under paragraph (1) shall be calculated using the latest
available crime statistics from the Federal Bureau of
Investigation during the 5-year period immediately preceding an
application for protection.''.
(2) Chapter analysis.--The chapter analysis for chapter 37
of title 28, United States Code, is amended by striking the
items relating to sections 570 through 576 and inserting the
following:
``570. Short-Term State Witness Protection Section.''.
(b) Grant Program.--
(1) Definitions.--In this subsection--
(A) the term ``eligible prosecutor's office'' means
a State or local criminal prosecutor's office or the
United States attorney for the District of Columbia;
and
(B) the term ``serious violent felony'' has the
same meaning as in section 3559(c)(2) of title 18,
United States Code.
(2) Grants authorized.--
(A) In general.--The Attorney General is authorized
to make grants to eligible prosecutor's offices for
purposes of identifying witnesses in need of protection
or providing short-term protection to witnesses in
trials involving homicide or serious violent felony.
(B) Allocation.--Each eligible prosecutor's office
receiving a grant under this subsection may--
(i) use the grant to identify witnesses in
need of protection or provide witness
protection (including tattoo removal services);
or
(ii) pursuant to a cooperative agreement
with the Short-Term State Witness Protection
Section of the United States Marshals Service,
credit the grant to the Short-Term State
Witness Protection Section to cover the costs
to the section of providing witness protection
on behalf of the eligible prosecutor's office.
(3) Application.--
(A) In general.--Each eligible prosecutor's office
desiring a grant under this subsection shall submit an
application to the Attorney General at such time, in
such manner, and accompanied by such information as the
Attorney General may reasonably require.
(B) Contents.--Each application submitted under
subparagraph (A) shall--
(i) describe the activities for which
assistance under this subsection is sought; and
(ii) provide such additional assurances as
the Attorney General determines to be essential
to ensure compliance with the requirements of
this subsection.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $90,000,000 for
each of fiscal years 2008 through 2010.
SEC. 3. WITNESS PROTECTION SERVICES.
Section 3526 of title 18, United States Code (Cooperation of other
Federal agencies and State governments; reimbursement of expenses) is
amended by adding at the end the following:
``(c) In any case in which a State government requests the Attorney
General to provide temporary protection under section 3521(e) of this
title, the costs of providing temporary protection are not reimbursable
if the investigation or prosecution in any way relates to crimes of
violence committed by a criminal street gang, as defined under the laws
of the relevant State seeking assistance under this title.''.
SEC. 4. EXPANSION OF FEDERAL WITNESS RELOCATION AND PROTECTION PROGRAM.
Section 3521(a)(1) of title 18, United States Code, is amended by
inserting ``, criminal street gang, serious drug offense, homicide,''
after ``organized criminal activity''.
|
Witness Protection Enhancement Act of 2007 - Amends the federal judicial code to establish in the U. S. Marshals Service a Short Term State Witness Protection Section to provide protection for witnesses in state and local trials involving homicide or other major violent crimes pursuant to cooperative agreements with state and local prosecutor's offices and the US attorney for the District of Columbia. Directs the Section to give priority in awarding grants and providing services to prosecutor's offices in states with an average of at least 100 murders per year or with a violent crime rate above the national average. Authorizes: (1) the Attorney General to make grants to state and local prosecutors and to the US attorney for the District of Columbia for providing such witness protection. And (2) each recipient to use the grant to provide witness protection or to credit the grant to the Section to cover the Section's costs of providing witness protection. Amends the federal criminal code to specify that federal witness relocation and protection services extend to witnesses in cases involving criminal street gangs, serious drug offenses, and homicide.
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To enhance witness protection.
| 5,668
| 1,166
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Witness Protection Enhancement Act of 2007". <SECTION-HEADER> SHORT-TERM STATE WITNESS PROTECTION SECTION. Establishment. In general. Chapter 37 of title 28, United States Code, is amended by adding at the end the following: "Section 570. Short-Term State Witness Protection Section In General. There is established in the United States Marshals Service a Short-Term State Witness Protection Section which shall provide protection for witnesses in State and local trials involving homicide or other major violent crimes pursuant to cooperative agreements with State and local criminal prosecutor's offices and the United States attorney for the District of Columbia. Eligibility. In general. The Short-Term State Witness Protection Section shall give priority in awarding grants and providing services to criminal prosecutor's offices for States with an average of not less than 100 murders per year. And criminal prosecutor's offices for jurisdictions that include a city, town, or township with an average violent crime rate per 100,000 inhabitants that is above the national average. Calculation. The rate of murders and violent crime under paragraph (1) shall be calculated using the latest available crime statistics from the Federal Bureau of Investigation during the 5-year period immediately preceding an application for protection.". Chapter analysis. The chapter analysis for chapter 37 of title 28, United States Code, is amended by striking the items relating to sections 570 through 576 and inserting the following: "570. Short-Term State Witness Protection Section.". Grant Program. Definitions. In this subsection the term "eligible prosecutor's office" means a State or local criminal prosecutor's office or the United States attorney for the District of Columbia. And the term "serious violent felony" has the same meaning as in section 3559(c)(2) of title 18, United States Code. Grants authorized. In general. The Attorney General is authorized to make grants to eligible prosecutor's offices for purposes of identifying witnesses in need of protection or providing short-term protection to witnesses in trials involving homicide or serious violent felony. Allocation. Each eligible prosecutor's office receiving a grant under this subsection may use the grant to identify witnesses in need of protection or provide witness protection. Or pursuant to a cooperative agreement with the Short-Term State Witness Protection Section of the United States Marshals Service, credit the grant to the Short-Term State Witness Protection Section to cover the costs to the section of providing witness protection on behalf of the eligible prosecutor's office. Application. In general. Each eligible prosecutor's office desiring a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. Contents. Each application submitted under subparagraph (A) shall describe the activities for which assistance under this subsection is sought. And provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this subsection. Authorization of appropriations. There are authorized to be appropriated to carry out this subsection $90,000,000 for each of fiscal years 2008 through 2010. <SECTION-HEADER> WITNESS PROTECTION SERVICES. Section 3526 of title 18, United States Code is amended by adding at the end the following: In any case in which a State government requests the Attorney General to provide temporary protection under section 3521(e) of this title, the costs of providing temporary protection are not reimbursable if the investigation or prosecution in any way relates to crimes of violence committed by a criminal street gang, as defined under the laws of the relevant State seeking assistance under this title.". <SECTION-HEADER> EXPANSION OF FEDERAL WITNESS RELOCATION AND PROTECTION PROGRAM. Section 3521(a)(1) of title 18, United States Code, is amended by inserting ", criminal street gang, serious drug offense, homicide," after "organized criminal activity".
|
Witness Protection Enhancement Act of 2007 - Amends the federal judicial code to establish in the U. S. Marshals Service a Short Term State Witness Protection Section to provide protection for witnesses in state and local trials involving homicide or other major violent crimes pursuant to cooperative agreements with state and local prosecutor's offices and the US attorney for the District of Columbia. Directs the Section to give priority in awarding grants and providing services to prosecutor's offices in states with an average of at least 100 murders per year or with a violent crime rate above the national average. Authorizes: (1) the Attorney General to make grants to state and local prosecutors and to the US attorney for the District of Columbia for providing such witness protection. And (2) each recipient to use the grant to provide witness protection or to credit the grant to the Section to cover the Section's costs of providing witness protection. Amends the federal criminal code to specify that federal witness relocation and protection services extend to witnesses in cases involving criminal street gangs, serious drug offenses, and homicide.
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To enhance witness protection.
|
106_hr1969
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arizona National Forest Improvement
Act of 1999''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the city of Sedona,
Arizona.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any and all right,
title, and interest of the United States in and to the following
National Forest System land and administrative sites:
(1) The Camp Verde Administrative Site, comprising
approximately 213.60 acres, as depicted on the map entitled
``Camp Verde Administrative Site'', dated April 12, 1997.
(2) A portion of the Cave Creek Administrative Site,
comprising approximately 16 acres, as depicted on the map
entitled ``Cave Creek Administrative Site'', dated May 1, 1997.
(3) The Fredonia Duplex Housing Site, comprising
approximately 1.40 acres, and the Fredonia Housing Site,
comprising approximately 1.58 acres, as depicted on the map
entitled ``Fredonia Duplex Dwelling, Fredonia Ranger
Dwelling'', dated August 28, 1997.
(4) The Groom Creek Administrative Site, comprising
approximately 7.88 acres, as depicted on the map entitled
``Groom Creek Administrative Site'', dated April 29, 1997.
(5) The Payson Administrative Site, comprising
approximately 296.43 acres, as depicted on the map entitled
``Payson Administrative Site'', dated May 1, 1997.
(6) The Sedona Administrative Site, comprising
approximately 21.41 acres, as depicted on the map entitled
``Sedona Administrative Site'', dated April 12, 1997.
(b) Consideration.--Consideration for a sale or exchange of land
under subsection (a) may include the acquisition of land, existing
improvements, and improvements constructed to the specifications of the
Secretary.
(c) Applicable Law.--Except as otherwise provided in this section,
any sale or exchange of land under subsection (a) shall be subject to
the laws (including regulations) applicable to the conveyance and
acquisition of land for the National Forest System.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of any land or administrative site exchanged under
subsection (a).
(e) Solicitation of Offers.--
(1) In general.--The Secretary may solicit offers for the
sale or exchange of land under this section on such terms and
conditions as the Secretary may prescribe.
(2) Rejection of offers.--The Secretary may reject any
offer made under this section if the Secretary determines that
the offer is not adequate or not in the public interest.
(f) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.
SEC. 4. CONVEYANCE TO CITY OF SEDONA.
(a) In General.--The Secretary may sell to the city of Sedona,
Arizona, by quitclaim deed in fee simple, all right, title, and
interest of the United States in and to approximately 300 acres of land
as depicted on the map in the environmental assessment entitled
``Sedona Effluent Management Plan'', dated August 1998, for
construction of an effluent disposal system in Yavapai County, Arizona.
(b) Description.--A legal description of the land conveyed under
subsection (a) shall be available for public inspection in the office
of the Chief of the Forest Service, Washington, District of Columbia.
(c) Consideration.--
(1) Fair market value.--As consideration for the conveyance
of land under subsection (a), the City shall pay to the
Secretary an amount equal to the fair market value of the land
as determined by an appraisal acceptable to the Secretary and
prepared in accordance with the Uniform Appraisal Standards for
Federal Land Acquisitions.
(2) Cost of appraisal.--The City shall pay the cost of the
appraisal of the land.
(3) Payment.--Payment of the amount determined under
paragraph (1) (including any interest payable under paragraph
(4)) shall be paid, at the option of the City--
(A) in full not later than 180 days after the date
of the conveyance of the land; or
(B) in 7 equal annual installments commencing not
later than January 1 of the first year following the
date of the conveyance and annually thereafter until
the total amount has been paid.
(4) Interest rate.--Any payment due for the conveyance of
land under this section shall accrue, beginning on the date of
the conveyance, interest at a rate equal to the current (as of
the date of the conveyance) market yield on outstanding,
marketable obligations of the United States with maturities of
1 year.
(d) Release.--Subject to compliance with all Federal environmental
laws by the Secretary before the date of conveyance of land under this
section, on conveyance of the land, the City shall agree in writing to
hold the United States harmless from any and all claims to the land,
including all claims resulting from hazardous materials on the conveyed
land.
(e) Right of Reentry.--At any time before full payment is made for
the conveyance of land under this section, the conveyance shall be
subject to a right of reentry in the United States if the Secretary
determines that--
(1) the City has not complied with the requirements of this
section or the conditions prescribed by the Secretary in the
deed of conveyance; or
(2) the conveyed land is not used for disposal of treated
effluent or other purposes related to the construction of an
effluent disposal system in Yavapai County, Arizona.
SEC. 5. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or exchange under this Act in the fund established under
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act'').
(b) Use of Proceeds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further Act of appropriation, for--
(1) the acquisition, construction, or improvement of
administrative facilities for the Coconino National Forest,
Kaibab National Forest, Prescott National Forest, and Tonto
National Forest; or
(2) the acquisition of land and or an interest in land in
the State of Arizona.
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Arizona National Forest Improvement Act of 1999 - Authorizes the Secretary of Agriculture to convey: (1) specified National Forest System land and administrative sites in Arizona. And (2) sell specified land to the city of Sedona, Arizona, for construction of an effluent disposal system in Yavapai County, Arizona.
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Arizona National Forest Improvement Act of 1999
| 7,120
| 315
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Arizona National Forest Improvement Act of 1999". <SECTION-HEADER> DEFINITIONS. In this Act: City. The term "City" means the city of Sedona, Arizona. Secretary. The term "Secretary" means the Secretary of Agriculture. <SECTION-HEADER> SALE OR EXCHANGE OF ADMINISTRATIVE SITES. In General. The Secretary may, under such terms and conditions as the Secretary may prescribe, sell or exchange any and all right, title, and interest of the United States in and to the following National Forest System land and administrative sites: The Camp Verde Administrative Site, comprising approximately 213.60 acres, as depicted on the map entitled "Camp Verde Administrative Site", dated April 12, 1997. A portion of the Cave Creek Administrative Site, comprising approximately 16 acres, as depicted on the map entitled "Cave Creek Administrative Site", dated May 1, 1997. The Fredonia Duplex Housing Site, comprising approximately 1.40 acres, and the Fredonia Housing Site, comprising approximately 1.58 acres, as depicted on the map entitled "Fredonia Duplex Dwelling, Fredonia Ranger Dwelling", dated August 28, 1997. The Groom Creek Administrative Site, comprising approximately 7.88 acres, as depicted on the map entitled "Groom Creek Administrative Site", dated April 29, 1997. The Payson Administrative Site, comprising approximately 296.43 acres, as depicted on the map entitled "Payson Administrative Site", dated May 1, 1997. The Sedona Administrative Site, comprising approximately 21.41 acres, as depicted on the map entitled "Sedona Administrative Site", dated April 12, 1997. Consideration. Consideration for a sale or exchange of land under subsection (a) may include the acquisition of land, existing improvements, and improvements constructed to the specifications of the Secretary. Applicable Law. Except as otherwise provided in this section, any sale or exchange of land under subsection (a) shall be subject to the laws applicable to the conveyance and acquisition of land for the National Forest System. Cash Equalization. Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land or administrative site exchanged under subsection (a). Solicitation of Offers. In general. The Secretary may solicit offers for the sale or exchange of land under this section on such terms and conditions as the Secretary may prescribe. Rejection of offers. The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. Revocations. Notwithstanding any other provision of law, on conveyance of land by the Secretary under this section, any public order withdrawing the land from any form of appropriation under the public land laws is revoked. <SECTION-HEADER> CONVEYANCE TO CITY OF SEDONA. In General. The Secretary may sell to the city of Sedona, Arizona, by quitclaim deed in fee simple, all right, title, and interest of the United States in and to approximately 300 acres of land as depicted on the map in the environmental assessment entitled "Sedona Effluent Management Plan", dated August 1998, for construction of an effluent disposal system in Yavapai County, Arizona. Description. A legal description of the land conveyed under subsection (a) shall be available for public inspection in the office of the Chief of the Forest Service, Washington, District of Columbia. Consideration. Fair market value. As consideration for the conveyance of land under subsection (a), the City shall pay to the Secretary an amount equal to the fair market value of the land as determined by an appraisal acceptable to the Secretary and prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions. Cost of appraisal. The City shall pay the cost of the appraisal of the land. Payment. Payment of the amount determined under paragraph (1) (including any interest payable under paragraph ) shall be paid, at the option of the City in full not later than 180 days after the date of the conveyance of the land. Or in 7 equal annual installments commencing not later than January 1 of the first year following the date of the conveyance and annually thereafter until the total amount has been paid. Interest rate. Any payment due for the conveyance of land under this section shall accrue, beginning on the date of the conveyance, interest at a rate equal to the current market yield on outstanding, marketable obligations of the United States with maturities of 1 year. Release. Subject to compliance with all Federal environmental laws by the Secretary before the date of conveyance of land under this section, on conveyance of the land, the City shall agree in writing to hold the United States harmless from any and all claims to the land, including all claims resulting from hazardous materials on the conveyed land. Right of Reentry. At any time before full payment is made for the conveyance of land under this section, the conveyance shall be subject to a right of reentry in the United States if the Secretary determines that the City has not complied with the requirements of this section or the conditions prescribed by the Secretary in the deed of conveyance. Or the conveyed land is not used for disposal of treated effluent or other purposes related to the construction of an effluent disposal system in Yavapai County, Arizona. <SECTION-HEADER> DISPOSITION OF FUNDS. Deposit of Proceeds. The Secretary shall deposit the proceeds of a sale or exchange under this Act in the fund established under Public Law 90-171 . Use of Proceeds. Funds deposited under subsection (a) shall be available to the Secretary, without further Act of appropriation, for the acquisition, construction, or improvement of administrative facilities for the Coconino National Forest, Kaibab National Forest, Prescott National Forest, and Tonto National Forest. Or the acquisition of land and or an interest in land in the State of Arizona.
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Arizona National Forest Improvement Act of 1999 - Authorizes the Secretary of Agriculture to convey: (1) specified National Forest System land and administrative sites in Arizona. And (2) sell specified land to the city of Sedona, Arizona, for construction of an effluent disposal system in Yavapai County, Arizona.
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Arizona National Forest Improvement Act of 1999
|
108_s391
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wild Sky Wilderness Act of 2003''.
SEC. 2. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--The following Federal lands in the State of
Washington are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System: certain
lands which comprise approximately 106,000 acres, as generally depicted
on a map entitled ``Wild Sky Wilderness Proposal'', ``Map #1'', and
dated January 7, 2003, which shall be known as the Wild Sky Wilderness.
(b) Maps and Legal Descriptions.--As soon as practicable after the
date of enactment of this Act, the Secretary of Agriculture shall file
a map and a legal description for the wilderness area designated under
this Act with the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Resources of the United
States House of Representatives. The map and description shall have the
same force and effect as if included in this Act, except that the
Secretary of Agriculture may correct clerical and typographical errors
in the legal description and map. The map and legal description shall
be on file and available for public inspection in the office of the
Chief of the Forest Service, Department of Agriculture.
SEC. 3. ADMINISTRATION PROVISIONS.
(a) In General.--
(1) Subject to valid existing rights, lands designated as
wilderness by this Act shall be managed by the Secretary of
Agriculture in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.) and this Act, except that, with respect to any
wilderness areas designated by this Act, any reference in the
Wilderness Act to the effective date of the Wilderness Act
shall be deemed to be a reference to the date of enactment of
this Act.
(2) To fulfill the purposes of this Act and the Wilderness
Act and to achieve administrative efficiencies, the Secretary
of Agriculture may manage the area designated by this Act as a
comprehensive part of the larger complex of adjacent and nearby
wilderness areas.
(b) New Trails.--
(1) The Secretary of Agriculture shall consult with
interested parties and shall establish a trail plan for Forest
Service lands in order to develop:
(a) a system of hiking and equestrian trails within
the wilderness designated by this Act in a manner
consistent with the Wilderness Act, Public Law 88-577
(16 U.S.C. 1131 et seq.); and
(b) a system of trails adjacent to or to provide
access to the wilderness designated by this Act.
(2) Within two years after the date of enactment of this
Act, the Secretary of Agriculture shall complete a report on
the implementation of the trail plan required under this Act.
This report shall include the identification of priority trail
for development.
(c) Repeater Site.--Within the Wild Sky Wilderness, the Secretary
of Agriculture is authorized to use helicopter access to construct and
maintain a joint Forest Service and Snohomish County telecommunications
repeater site, in compliance with a Forest Service approved
communications site plan, for the purposes of improving communications
for safety, health, and emergency services.
(d) Float Plane Access.--As provided by section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake
Isabel, where such use has already become established, shall be
permitted to continue subject to such reasonable restrictions as the
Secretary of Agriculture determines to be desirable.
(e) Evergreen Mountain Lookout.--The designation under this Act
shall not preclude the operation and maintenance of the existing
Evergreen Mountain Lookout in the same manner and degree in which the
operation and maintenance of such lookout was occurring as of the date
of enactment of this Act.
SEC. 4. AUTHORIZATION FOR LAND ACQUISITION.
(a) In General.--The Secretary of Agriculture is authorized to
acquire lands and interests therein, by purchase, donation, or
exchange, and shall give priority consideration to those lands
identified as ``Priority Acquisition Lands'' on the map described in
section 2(a)(1). The boundaries of the Mt. Baker-Snoqualmie National
Forest and the Wild Sky Wilderness shall be adjusted to encompass any
lands acquired pursuant to this section.
(b) Access.--Consistent with section 5(a) of the Wilderness Act
(Public Law 88-577; 16 U.S.C. 1134(a)), the Secretary of Agriculture
shall ensure adequate access to private inholdings within the Wild Sky
Wilderness.
(c) Appraisal.--Valuation of private lands shall be determined
without reference to any restrictions on access or use which arise out
of designation as a wilderness area as a result of this Act.
SEC. 5. LAND EXCHANGES.
The Secretary of Agriculture shall exchange lands and interests in
lands, as generally depicted on a map entitled Chelan County Public
Utility District Exchange and dated May 22, 2002, with the Chelan
County Public Utility District in accordance with the following
provisions:
(1) If the Chelan County Public Utility District, within
ninety days after the date of enactment of this Act, offers to
the Secretary of Agriculture approximately 371.8 acres within
the Mt. Baker-Snoqualmie National Forest in the State of
Washington, the Secretary shall accept such lands.
(2) Upon acceptance of title by the Secretary of
Agriculture to such lands and interests therein, the Secretary
of Agriculture shall convey to the Chelan County Public Utility
District a permanent easement, including helicopter access,
consistent with such levels as used as of date of enactment, to
maintain an existing telemetry site to monitor snow pack on
1.82 acres on the Wenatchee National Forest in the State of
Washington.
(3) The exchange directed by this Act shall be consummated
if Chelan County Public Utility District conveys title
acceptable to the Secretary and provided there is no hazardous
material on the site, which is objectionable to the Secretary.
(4) In the event Chelan County Public Utility District
determines there is no longer a need to maintain a telemetry
site to monitor the snow pack for calculating expected runoff
into the Lake Chelan hydroelectric project and the
hydroelectric projects in the Columbia River Basin, the
Secretary shall be notified in writing and the easement shall
be extinguished and all rights conveyed by this exchange shall
revert to the United States.
Passed the Senate November 24, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.
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Wild Sky Wilderness Act of 2003 - Designates certain lands in the Skykomish River valley, Washington, as the Wild Sky Wilderness, to be managed by the Secretary of Agriculture. Directs the Secretary to establish a trail plan. Authorizes the use of helicopter access to construct and maintain a joint Forest Service-Snohomish County telecommunications repeater site to provide improved communication for safety, health, and emergency purposes. Allows the continued use of floatplanes on Lake Isabel in the Wild Sky Wilderness, subject to reasonable restrictions. Provides that such wilderness designation shall not preclude the operation and maintenance of the existing Evergreen Mountain Lookout in the same manner and degree in which the operation and maintenance were occurring as of the enactment of this Act. Authorizes the Secretary to acquire lands in the Wild Sky Wilderness by purchase, donation, or exchange, with priority to be given to specified Priority Acquisition Lands. Requires the boundaries of the Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness to be adjusted to encompass any lands so acquired. Directs the Secretary to ensure adequate access to private in-holdings within the Wild Sky Wilderness. States that valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area. Requires the Secretary to accept specified lands within the Snoqualmie National Forest, Washington, from the Chelan County Public Utility District if the District offers such lands to the Secretary in exchange for a permanent easement, including helicopter access, to maintain an existing telemetry site to monitor snow pack on land within the Wenatchee National Forest, Washington. Provides for extinguishment of the easement and reversion of all conveyed rights to the United States if the District no longer needs to maintain a telemetry site.
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A bill to enhance ecosystem protection and the range of outdoor opportunities protected by statute in the Skykomish River valley of the State of Washington by designating certain lower-elevation Federal lands as wilderness, and for other purposes.
| 7,218
| 1,948
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Wild Sky Wilderness Act of 2003". <SECTION-HEADER> ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. Additions. The following Federal lands in the State of Washington are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: certain lands which comprise approximately 106,000 acres, as generally depicted on a map entitled "Wild Sky Wilderness Proposal", "Map 1", and dated January 7, 2003, which shall be known as the Wild Sky Wilderness. Maps and Legal Descriptions. As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the wilderness area designated under this Act with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives. The map and description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture. <SECTION-HEADER> ADMINISTRATION PROVISIONS. In General. Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary of Agriculture in accordance with the Wilderness Act and this Act, except that, with respect to any wilderness areas designated by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. To fulfill the purposes of this Act and the Wilderness Act and to achieve administrative efficiencies, the Secretary of Agriculture may manage the area designated by this Act as a comprehensive part of the larger complex of adjacent and nearby wilderness areas. New Trails. The Secretary of Agriculture shall consult with interested parties and shall establish a trail plan for Forest Service lands in order to develop: a system of hiking and equestrian trails within the wilderness designated by this Act in a manner consistent with the Wilderness Act, Public Law 88-577. And a system of trails adjacent to or to provide access to the wilderness designated by this Act. Within two years after the date of enactment of this Act, the Secretary of Agriculture shall complete a report on the implementation of the trail plan required under this Act. This report shall include the identification of priority trail for development. Repeater Site. Within the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County telecommunications repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communications for safety, health, and emergency services. Float Plane Access. As provided by section 4(d)(1) of the Wilderness Act (16 USC. 1133(d)(1)), the use of floatplanes on Lake Isabel, where such use has already become established, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines to be desirable. Evergreen Mountain Lookout. The designation under this Act shall not preclude the operation and maintenance of the existing Evergreen Mountain Lookout in the same manner and degree in which the operation and maintenance of such lookout was occurring as of the date of enactment of this Act. <SECTION-HEADER> AUTHORIZATION FOR LAND ACQUISITION. In General. The Secretary of Agriculture is authorized to acquire lands and interests therein, by purchase, donation, or exchange, and shall give priority consideration to those lands identified as "Priority Acquisition Lands" on the map described in section 2(a)(1). The boundaries of the Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness shall be adjusted to encompass any lands acquired pursuant to this section. Access. Consistent with section 5(a) of the Wilderness Act (Public Law 88-577. 16 USC. 1134(a)), the Secretary of Agriculture shall ensure adequate access to private inholdings within the Wild Sky Wilderness. Appraisal. Valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area as a result of this Act. <SECTION-HEADER> LAND EXCHANGES. The Secretary of Agriculture shall exchange lands and interests in lands, as generally depicted on a map entitled Chelan County Public Utility District Exchange and dated May 22, 2002, with the Chelan County Public Utility District in accordance with the following provisions: If the Chelan County Public Utility District, within ninety days after the date of enactment of this Act, offers to the Secretary of Agriculture approximately 371.8 acres within the Mt. Baker-Snoqualmie National Forest in the State of Washington, the Secretary shall accept such lands. Upon acceptance of title by the Secretary of Agriculture to such lands and interests therein, the Secretary of Agriculture shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of date of enactment, to maintain an existing telemetry site to monitor snow pack on 1.82 acres on the Wenatchee National Forest in the State of Washington. The exchange directed by this Act shall be consummated if Chelan County Public Utility District conveys title acceptable to the Secretary and provided there is no hazardous material on the site, which is objectionable to the Secretary. In the event Chelan County Public Utility District determines there is no longer a need to maintain a telemetry site to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin, the Secretary shall be notified in writing and the easement shall be extinguished and all rights conveyed by this exchange shall revert to the United States. Passed the Senate November 24, 2003. Attest: EMILY J. REYNOLDS, Secretary.
|
Wild Sky Wilderness Act of 2003 - Designates certain lands in the Skykomish River valley, Washington, as the Wild Sky Wilderness, to be managed by the Secretary of Agriculture. Directs the Secretary to establish a trail plan. Authorizes the use of helicopter access to construct and maintain a joint Forest Service-Snohomish County telecommunications repeater site to provide improved communication for safety, health, and emergency purposes. Allows the continued use of floatplanes on Lake Isabel in the Wild Sky Wilderness, subject to reasonable restrictions. Provides that such wilderness designation shall not preclude the operation and maintenance of the existing Evergreen Mountain Lookout in the same manner and degree in which the operation and maintenance were occurring as of the enactment of this Act. Authorizes the Secretary to acquire lands in the Wild Sky Wilderness by purchase, donation, or exchange, with priority to be given to specified Priority Acquisition Lands. Requires the boundaries of the Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness to be adjusted to encompass any lands so acquired. Directs the Secretary to ensure adequate access to private in-holdings within the Wild Sky Wilderness. States that valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area. Requires the Secretary to accept specified lands within the Snoqualmie National Forest, Washington, from the Chelan County Public Utility District if the District offers such lands to the Secretary in exchange for a permanent easement, including helicopter access, to maintain an existing telemetry site to monitor snow pack on land within the Wenatchee National Forest, Washington. Provides for extinguishment of the easement and reversion of all conveyed rights to the United States if the District no longer needs to maintain a telemetry site.
|
A bill to enhance ecosystem protection and the range of outdoor opportunities protected by statute in the Skykomish River valley of the State of Washington by designating certain lower-elevation Federal lands as wilderness, and for other purposes.
|
111_hr5348
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Workforce Reduction Act of
2010''.
SEC. 2. REDUCING THE NUMBER OF FEDERAL EMPLOYEES.
Section 3101 of title 5, United States Code, is amended--
(1) by striking ``Each Executive agency'' and inserting
``(a) In General.--Subject to subsection (b), each Executive
agency''; and
(2) by adding at the end the following new subsection:
``(b) Reduction in Number of Employees.--
``(1) Hiring freeze.--Except as provided in paragraph (2),
during fiscal year 2011 and each succeeding fiscal year for
which the Director of the Office of Management and Budget (in
such manner as the Director determines to be appropriate)
projects a Federal budget deficit, the head of an Executive
agency may not appoint any individual to a position in the
agency.
``(2) Permitting appointments from federal workforce hiring
pool.--
``(A) Establishment of pool.--The President shall
establish a Federal workforce hiring pool consisting of
positions which may be allocated among all Executive
agencies.
``(B) Procedures.--The head of an Executive agency
may appoint an individual to a position in the agency
if--
``(i) there is a position available in the
Federal workforce hiring pool;
``(ii) the head of the Executive agency
submits a request to the President for the
allocation of a position in the Federal
workforce hiring pool to the agency for
purposes of making an appointment; and
``(iii) the President approves the request.
``(C) Process and criteria for approving
requests.--The President shall promulgate regulations--
``(i) setting forth the process by which
the head of an Executive agency may make a
request under this subsection; and
``(ii) setting forth the criteria by which
the President shall determine on a competitive
basis whether to approve a request by the head
of an Executive agency under this subsection.
``(D) Number of positions in pool.--
``(i) Initial number.--As of the first day
of fiscal year 2011, the number of positions in
the Federal workforce hiring pool shall equal
zero.
``(ii) Changes to initial number.--After
the first day of fiscal year 2011, the number
of positions in the Federal workforce hiring
pool--
``(I) shall increase by .50 for
each full-time-equivalent position in
any Executive agency which subsequently
becomes vacant; and
``(II) shall decrease by 1.0 for
each request for a full-time equivalent
position which is approved by the
President under this subsection.
``(3) Waiver in case of emergency or need to protect
national security.--The President may waive this subsection
with respect to the hiring of an employee for a position upon a
determination by the President that--
``(A) the existence of a state of war or other
national security concern so requires; or
``(B) the existence of an extraordinary emergency
threatening life, health, safety, or property so
requires.
``(4) Action through opm.--The President shall carry out
this subsection through the Director of the Office of Personnel
Management, who shall consult with the Director of the Office
of Management and Budget.
``(5) Reports to congress.--
``(A) In general.--Not later than 90 days after the
end of each quarter of a fiscal year, the President
shall provide Congress with a report containing a list
of each appointment approved by the President under
this subsection during the quarter, broken down by
executive agency.
``(B) Information included.--The list contained in
a report provided to Congress under subparagraph (A)
shall include a description of the position associated
with each approved appointment, but shall not provide
any information that may be used to identify the
individual appointed to the position.
``(C) Public dissemination.--The President shall
make each report provided to Congress under
subparagraph (A) available to the public by posting the
report on the official public website of the Executive
Office of the President in a searchable, sortable, and
downloadable manner.
``(6) Exclusion of certain executive agencies.--This
subsection does not apply to--
``(A) the Department of Defense;
``(B) the Department of Homeland Security; or
``(C) the Department of Veterans' Affairs.''.
|
Federal Workforce Reduction Act of 2010 - Prohibits the head of an executive agency from appointing any individual to a position in the agency in any fiscal year for which the Director of the Office of Management and Budget (OMB) projects a federal budget deficit. Makes an exception if: (1) there is a position available in the federal workforce hiring pool. And (2) the President approves an agency head's request for the allocation of a position in the pool to the agency. Sets the number of positions in the hiring pool at zero as of the first day of FY2011, after which the number shall: (1) increase by .50 for each full time-equivalent position in any agency which subsequently becomes vacant. And (2) decrease by 1.0 for each request for a full time-equivalent position that is approved by the President. Authorizes the President to waive this limitation upon determining that such waiver is required by the existence of a state of war, other national security concern, or an extraordinary emergency threatening life, health, safety, or property. Exempts the Department of Defense (DOD), the Department of Homeland Security (DHS), and the Department of Veterans Affairs (VA).
|
To amend title 5, United States Code, to reduce the number of civil service positions within the executive branch, and for other purposes.
| 5,944
| 1,183
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Federal Workforce Reduction Act of 2010". <SECTION-HEADER> REDUCING THE NUMBER OF FEDERAL EMPLOYEES. Section 3101 of title 5, United States Code, is amended by striking "Each Executive agency" and inserting In General. Subject to subsection (b), each Executive agency". And by adding at the end the following new subsection: Reduction in Number of Employees. Hiring freeze. Except as provided in paragraph (2), during fiscal year 2011 and each succeeding fiscal year for which the Director of the Office of Management and Budget projects a Federal budget deficit, the head of an Executive agency may not appoint any individual to a position in the agency. Permitting appointments from federal workforce hiring pool. Establishment of pool. The President shall establish a Federal workforce hiring pool consisting of positions which may be allocated among all Executive agencies. Procedures. The head of an Executive agency may appoint an individual to a position in the agency if there is a position available in the Federal workforce hiring pool. The head of the Executive agency submits a request to the President for the allocation of a position in the Federal workforce hiring pool to the agency for purposes of making an appointment. And the President approves the request. Process and criteria for approving requests. The President shall promulgate regulations setting forth the process by which the head of an Executive agency may make a request under this subsection. And setting forth the criteria by which the President shall determine on a competitive basis whether to approve a request by the head of an Executive agency under this subsection. Number of positions in pool. Initial number. As of the first day of fiscal year 2011, the number of positions in the Federal workforce hiring pool shall equal zero. Changes to initial number. After the first day of fiscal year 2011, the number of positions in the Federal workforce hiring pool shall increase by .50 for each full-time-equivalent position in any Executive agency which subsequently becomes vacant. And shall decrease by 1.0 for each request for a full-time equivalent position which is approved by the President under this subsection. Waiver in case of emergency or need to protect national security. The President may waive this subsection with respect to the hiring of an employee for a position upon a determination by the President that the existence of a state of war or other national security concern so requires. Or the existence of an extraordinary emergency threatening life, health, safety, or property so requires. Action through opm. The President shall carry out this subsection through the Director of the Office of Personnel Management, who shall consult with the Director of the Office of Management and Budget. Reports to congress. In general. Not later than 90 days after the end of each quarter of a fiscal year, the President shall provide Congress with a report containing a list of each appointment approved by the President under this subsection during the quarter, broken down by executive agency. Information included. The list contained in a report provided to Congress under subparagraph (A) shall include a description of the position associated with each approved appointment, but shall not provide any information that may be used to identify the individual appointed to the position. Public dissemination. The President shall make each report provided to Congress under subparagraph (A) available to the public by posting the report on the official public website of the Executive Office of the President in a searchable, sortable, and downloadable manner. Exclusion of certain executive agencies. This subsection does not apply to the Department of Defense, the Department of Homeland Security, or the Department of Veterans' Affairs.".
|
Federal Workforce Reduction Act of 2010 - Prohibits the head of an executive agency from appointing any individual to a position in the agency in any fiscal year for which the Director of the Office of Management and Budget (OMB) projects a federal budget deficit. Makes an exception if: (1) there is a position available in the federal workforce hiring pool. And (2) the President approves an agency head's request for the allocation of a position in the pool to the agency. Sets the number of positions in the hiring pool at zero as of the first day of FY2011, after which the number shall: (1) increase by .50 for each full time-equivalent position in any agency which subsequently becomes vacant. And (2) decrease by 1.0 for each request for a full time-equivalent position that is approved by the President. Authorizes the President to waive this limitation upon determining that such waiver is required by the existence of a state of war, other national security concern, or an extraordinary emergency threatening life, health, safety, or property. Exempts the Department of Defense (DOD), the Department of Homeland Security (DHS), and the Department of Veterans Affairs (VA).
|
To amend title 5, United States Code, to reduce the number of civil service positions within the executive branch, and for other purposes.
|
109_hr2815
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Access and Affordability
Act''.
SEC. 2. EXPANSION OF HOPE AND LIFETIME LEARNING CREDITS.
(a) Increase in Per Student Limitation for Hope Scholarship
Credit.--
(1) In general.--Subparagraph (B) of section 25A(b)(1) of
the Internal Revenue Code of 1986 is amended by striking ``the
applicable limit'' and inserting ``$4,000''.
(2) Inflation adjustment.--Paragraph (1) of section 25A(h)
of such Code is amended by redesignating subparagraph (B) as
subparagraph (C) and by inserting after subparagraph (A) the
following new subparagraph:
``(B) $4,000 amount.--In the case of a taxable year
beginning after 2005, the $4,000 amount contained in
subsection (b)(1)(B) shall be increased by an amount
equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2004'
for `calendar year 1992' in subparagraph (B)
thereof.''.
(3) Conforming amendment.--Subsection (b) of section 25A of
such Code is amended by striking paragraph (4).
(b) Increase in Gross Income Limitation .--
(1) In general.--Clause (ii) of section 25A(d)(2)(A) of
such Code is amended by striking ``$40,000 ($80,000'' and
inserting ``$58,000 (twice such amount''.
(2) Inflation adjustment.--Subparagraph (A) of section
25A(h)(2) of such Code is amended to read as follows:
``(A) In general.--In the case of a taxable year
beginning after 2005, the $58,000 amount in subsection
(d)(2) shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2004'
for `calendar year 1992' in subparagraph (B)
thereof.''.
(c) Hope Scholarship Credit Available for 4 Years.--Paragraph (2)
of section 25A(b) of such Code is amended by striking ``2'' each place
it appears in subparagraphs (A) and (C) and inserting ``4''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. LOAN FORGIVENESS FOR PUBLIC SERVICE EMPLOYEES.
Section 428K (20 U.S.C. 1078-11) is amended to read as follows:
``SEC. 428K. LOAN FORGIVENESS FOR PUBLIC SERVICE EMPLOYEES.
``(a) Purposes.--The purposes of this section are--
``(1) to reduce the burden of student debt, particularly
for Americans who dedicate their careers to meeting certain
urgent national needs; and
``(2) to attract more excellent individuals into important
public service careers.
``(b) Loan Forgiveness.--
``(1) In general.--The Secretary shall assume the
obligation to repay, pursuant to subsection (c), a loan made
under section 428 or 428H, a Federal Direct Stafford Loan or
Federal Direct Unsubsidized Stafford Loan, a Federal Direct
Consolidation Loan, or a Federal Perkins Loan for any new
borrower after the date of enactment of the Higher Education
Amendments of 1998, who--
``(A) is employed full time in a qualified public
service position described in paragraph (2); and
``(B) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Qualified public service positions.--For purposes of
this section, an individual shall be treated as employed in a
qualified public service position if the individual is any of
the following:
``(A) Highly qualified teachers of mathematics,
science, and bilingual and special education and in
low-income communities.--An individual who--
``(i) is highly qualified as such term is
defined in section 9101 of the Elementary and
Secondary Education Act of 1965; and
``(ii)(I) has obtained employment as a
teacher for service in a public or nonprofit
private elementary or secondary school which is
in the school district of a local educational
agency which is eligible in such year for
assistance pursuant to title I of the
Elementary and Secondary Education Act of 1965,
and which for the purpose of this paragraph and
for that year has been determined by the
Secretary (pursuant to regulations and after
consultation with the State educational agency
of the State in which the school is located) to
be a school in which the enrollment of children
counted under section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965
exceeds 40 percent of the total enrollment of
that school; or
``(II) has obtained employment as a full-
time teacher of mathematics, science, or
bilingual or special education.
``(B) First responders in low-income communities.--
An individual who, as determined by the Secretary of
Education by regulation--
``(i) has obtained employment as a
firefighter, police officer, or emergency
medical technician; and
``(ii) serves a low-income community.
``(C) Nurses in low income communities.--An
individual who is an eligible nurse and has obtained
employment--
``(i)(I) in a clinical setting; or
``(II) as a member of the nursing faculty
at an accredited school of nursing (as those
terms are defined in section 801 of the Public
Health Service Act (42 U.S.C. 296)); and
``(ii) serves a low-income or needy
community.
``(D) Child welfare workers.--An individual who--
``(i) has completed a degree in social work
or related field with a focus on serving
children and families (as determined in
accordance with regulations prescribed by the
Secretary); and
``(ii) has obtained employment in public or
private child welfare services.
``(c) Loan Repayment.--
``(1) In general.--The Secretary shall assume the
obligation to repay a total of not more than $20,000 of
principal and interest as follows:
``(A) after each of the first or second years of
service by an individual in a qualified public service
position, 15 percent of the total amount of principal
and interest of the loans described in subsection
(b)(1) to such individual that are outstanding
immediately preceding such first year of such service;
``(B) after each of the third or fourth years of
such service, 20 percent of such total amount; and
``(C) after the fifth year of such service, 30
percent of such total amount.
``(2) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C or for a Federal Direct
Consolidation Loan may be a qualified loan amount for the
purposes of this subsection only to the extent that such loan
amount was used to repay a loan described in subsection (b)(1)
for a borrower who meets the requirements of subsection (b), as
determined in accordance with regulations prescribed by the
Secretary.
``(3) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan
made under section 428 or 428H, a Federal Direct Stafford Loan
or Federal Direct Unsubsidized Stafford Loan, a Federal Direct
Loan, or a Federal Perkins Loan.
``(4) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan that accrues for such year
shall be repaid by the Secretary.
``(5) Ineligibility of national service award recipients.--
No student borrower may, for the same service, receive a
benefit under both this section and subtitle D of title I of
the National and Community Service Act of 1990 (42 U.S.C. 12601
et seq.).
``(6) Ineligibility for double benefits.--No borrower may
receive a reduction of loan obligations under both this section
and section 428J or 460.
``(7) Continued eligibility of teachers.--Any teacher who
performs service in a school that--
``(A) meets the requirements of subsection
(b)(2)(A)(ii)(I) in any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such subsection, may continue to teach
in such school and shall be eligible for loan
forgiveness pursuant to subsection (b).
``(d) Repayment to Eligible Lenders and Holders.--The Secretary
shall pay to each eligible lender or holder for each fiscal year an
amount equal to the aggregate amount of the lender's or holder's loans
that are subject to repayment pursuant to this section for such year.
``(e) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(2) Conditions.--An eligible individual may apply for
loan repayment under this section after completing each of the
consecutive years of qualifying service described in subsection
(c)(1). The borrower may elect to receive forbearance while
engaged in qualifying service described in subsection (c)(1)
unless the borrower is in deferment while so engaged.
``(f) Regulations.--The Secretary is authorized to prescribe such
regulations as may be necessary to carry out the provisions of this
section.
``(g) Definitions.--In this section:
``(1) Child welfare services.--The term `child welfare
services' has the meaning given the term in section 425 of the
Social Security Act.
``(2) Degree.--The term `degree' means an associate's or
bachelor's degree awarded by an institution of higher
education.
``(3) Eligible nurse.--The term `eligible nurse' means a
nurse who meets all of the following:
``(A) The nurse graduated from--
``(i) an accredited school of nursing (as
those terms are defined in section 801 of the
Public Health Service Act (42 U.S.C. 296));
``(ii) a nursing center; or
``(iii) an academic health center that
provides nurse training.
``(B) The nurse holds a valid and unrestricted
license to practice nursing in the State in which the
nurse practices in a clinical setting.
``(C) The nurse holds 1 or more of the following:
``(i) A graduate degree in nursing, or an
equivalent degree.
``(ii) A nursing degree from a collegiate
school of nursing (as defined in section 801 of
the Public Health Service Act (42 U.S.C. 296)).
``(iii) A nursing degree from an associate
degree school of nursing (as defined in section
801 of the Public Health Service Act (42 U.S.C.
296)).
``(iv) A nursing degree from a diploma
school of nursing (as defined in section 801 of
the Public Health Service Act (42 U.S.C. 296)).
``(4) Low-income community.--In this subsection, the term
`low-income community' means a community in which 70 percent of
households earn less than 85 percent of the State median
household income.
``(5) Year.--The term `year', where applied to service as a
teacher (or service as a member of an accredited school of
nursing (as those terms are defined in section 801 of the
Public Health Service Act (42 U.S.C. 296))), means an academic
year as defined by the Secretary.''.
|
College Access and Affordability Act - Amends the Internal Revenue Code to: (1) increase to $4,000 the maximum amount of qualified tuition and related expenses eligible for the Hope Scholarship Credit and adjust such amount for inflation beginning in 2006. (2) increase to $58,000 the modified adjusted gross income threshold for determining reductions in the allowable amount of the Hope Scholarship Credit. And (3) increase from two to four the number of years a Hope Scholarship Credit may be claimed. Amends the Higher Education Act of 1965 to provide for student loan forgiveness up to $20,000 for individuals in qualified public service positions who are not in default of their loan obligations. Defines qualified public service positions to include: (1) highly qualified teachers of mathematics, science, and bilingual and special education in low-income communities. (2) firefighters, police officers, or emergency medical technicians serving low-income communities, (3) nurses serving low-income communities, and (4) public or private child welfare workers.
|
To amend the Internal Revenue Code of 1986 to expand and enhance the HOPE and Lifetime Learning Credits, and to amend the Higher Education Act of 1965 to provide loan forgiveness opportunities for public service employees.
| 14,271
| 1,067
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "College Access and Affordability Act". <SECTION-HEADER> EXPANSION OF HOPE AND LIFETIME LEARNING CREDITS. Increase in Per Student Limitation for Hope Scholarship Credit. In general. Subparagraph (B) of section 25A(b)(1) of the Internal Revenue Code of 1986 is amended by striking "the applicable limit" and inserting "$4,000". Inflation adjustment. Paragraph (1) of section 25A(h) of such Code is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: $4,000 amount. In the case of a taxable year beginning after 2005, the $4,000 amount contained in subsection (b)(1)(B) shall be increased by an amount equal to such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof.". Conforming amendment. Subsection (b) of section 25A of such Code is amended by striking paragraph (4). Increase in Gross Income Limitation . In general. Clause (ii) of section 25A(d)(2)(A) of such Code is amended by striking "$40,000 ($80,000" and inserting "$58,000 (twice such amount". Inflation adjustment. Subparagraph (A) of section 25A(h)(2) of such Code is amended to read as follows: In general. In the case of a taxable year beginning after 2005, the $58,000 amount in subsection (2) shall be increased by an amount equal to such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof.". Hope Scholarship Credit Available for 4 Years. Paragraph (2) of section 25A(b) of such Code is amended by striking "2" each place it appears in subparagraphs (A) and (C) and inserting "4". Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 2004. <SECTION-HEADER> LOAN FORGIVENESS FOR PUBLIC SERVICE EMPLOYEES. Section 428K is amended to read as follows: "Section 428K. LOAN FORGIVENESS FOR PUBLIC SERVICE EMPLOYEES. Purposes. The purposes of this section are to reduce the burden of student debt, particularly for Americans who dedicate their careers to meeting certain urgent national needs. And to attract more excellent individuals into important public service careers. Loan Forgiveness. In general. The Secretary shall assume the obligation to repay, pursuant to subsection (c), a loan made under section 428 or 428H, a Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan, a Federal Direct Consolidation Loan, or a Federal Perkins Loan for any new borrower after the date of enactment of the Higher Education Amendments of 1998, who is employed full time in a qualified public service position described in paragraph (2). And is not in default on a loan for which the borrower seeks forgiveness. Qualified public service positions. For purposes of this section, an individual shall be treated as employed in a qualified public service position if the individual is any of the following: Highly qualified teachers of mathematics, science, and bilingual and special education and in low-income communities. An individual who is highly qualified as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965. And (I) has obtained employment as a teacher for service in a public or nonprofit private elementary or secondary school which is in the school district of a local educational agency which is eligible in such year for assistance pursuant to title I of the Elementary and Secondary Education Act of 1965, and which for the purpose of this paragraph and for that year has been determined by the Secretary to be a school in which the enrollment of children counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 40 percent of the total enrollment of that school. Or has obtained employment as a full- time teacher of mathematics, science, or bilingual or special education. First responders in low-income communities. An individual who, as determined by the Secretary of Education by regulation has obtained employment as a firefighter, police officer, or emergency medical technician. And serves a low-income community. Nurses in low income communities. An individual who is an eligible nurse and has obtained employment (I) in a clinical setting. Or as a member of the nursing faculty at an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act. And serves a low-income or needy community. Child welfare workers. An individual who has completed a degree in social work or related field with a focus on serving children and families. And has obtained employment in public or private child welfare services. Loan Repayment. In general. The Secretary shall assume the obligation to repay a total of not more than $20,000 of principal and interest as follows: after each of the first or second years of service by an individual in a qualified public service position, 15 percent of the total amount of principal and interest of the loans described in subsection (1) to such individual that are outstanding immediately preceding such first year of such service. After each of the third or fourth years of such service, 20 percent of such total amount. And after the fifth year of such service, 30 percent of such total amount. Treatment of consolidation loans. A loan amount for a loan made under section 428C or for a Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a loan described in subsection (b)(1) for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. Construction. Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under section 428 or 428H, a Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan, a Federal Direct Loan, or a Federal Perkins Loan. Interest. If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan that accrues for such year shall be repaid by the Secretary. Ineligibility of national service award recipients. No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 . Ineligibility for double benefits. No borrower may receive a reduction of loan obligations under both this section and section 428J or 460. Continued eligibility of teachers. Any teacher who performs service in a school that meets the requirements of subsection (2)(A)(ii)(I) in any year during such service. And in a subsequent year fails to meet the requirements of such subsection, may continue to teach in such school and shall be eligible for loan forgiveness pursuant to subsection (b). Repayment to Eligible Lenders and Holders. The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of the lender's or holder's loans that are subject to repayment pursuant to this section for such year. Application for Repayment. In general. Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Conditions. An eligible individual may apply for loan repayment under this section after completing each of the consecutive years of qualifying service described in subsection (1). The borrower may elect to receive forbearance while engaged in qualifying service described in subsection (c)(1) unless the borrower is in deferment while so engaged. Regulations. The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. Definitions. In this section: Child welfare services. The term `child welfare services' has the meaning given the term in section 425 of the Social Security Act. Degree. The term `degree' means an associate's or bachelor's degree awarded by an institution of higher education. Eligible nurse. The term `eligible nurse' means a nurse who meets all of the following: The nurse graduated from an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act, a nursing center. Or an academic health center that provides nurse training. The nurse holds a valid and unrestricted license to practice nursing in the State in which the nurse practices in a clinical setting. The nurse holds 1 or more of the following: A graduate degree in nursing, or an equivalent degree. A nursing degree from a collegiate school of nursing (as defined in section 801 of the Public Health Service Act . A nursing degree from an associate degree school of nursing (as defined in section 801 of the Public Health Service Act . A nursing degree from a diploma school of nursing (as defined in section 801 of the Public Health Service Act . Low-income community. In this subsection, the term `low-income community' means a community in which 70 percent of households earn less than 85 percent of the State median household income. Year. The term `year', where applied to service as a teacher (or service as a member of an accredited school of nursing (as those terms are defined in section 801 of the Public Health Service Act , means an academic year as defined by the Secretary.".
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College Access and Affordability Act - Amends the Internal Revenue Code to: (1) increase to $4,000 the maximum amount of qualified tuition and related expenses eligible for the Hope Scholarship Credit and adjust such amount for inflation beginning in 2006. (2) increase to $58,000 the modified adjusted gross income threshold for determining reductions in the allowable amount of the Hope Scholarship Credit. And (3) increase from two to four the number of years a Hope Scholarship Credit may be claimed. Amends the Higher Education Act of 1965 to provide for student loan forgiveness up to $20,000 for individuals in qualified public service positions who are not in default of their loan obligations. Defines qualified public service positions to include: (1) highly qualified teachers of mathematics, science, and bilingual and special education in low-income communities. (2) firefighters, police officers, or emergency medical technicians serving low-income communities, (3) nurses serving low-income communities, and (4) public or private child welfare workers.
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To amend the Internal Revenue Code of 1986 to expand and enhance the HOPE and Lifetime Learning Credits, and to amend the Higher Education Act of 1965 to provide loan forgiveness opportunities for public service employees.
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111_s1371
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Renewable Water Supply Bond
Act of 2009''.
SEC. 2. CLEAN RENEWABLE WATER SUPPLY BONDS.
(a) In General.--Subpart I of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 54G. CLEAN RENEWABLE WATER SUPPLY BONDS.
``(a) Clean Renewable Water Supply Bonds.--For purposes of this
subpart, the term `clean renewable water supply bond' means any bond
issued as part of an issue if--
``(1) 100 percent of the available project proceeds of such
issue are to be used for capital expenditures incurred by
qualified borrowers for 1 or more qualified projects,
``(2) the bond is issued by a qualified issuer,
``(3) the issuer designates such bond for purposes of this
section, and
``(4) in the case of a bond issued by a qualified issuer
before 2019, the bond is issued--
``(A) pursuant to an allocation by the Secretary to
such issuer of a portion of the national clean
renewable water supply bond limitation under subsection
(b), and
``(B) not later than 6 months after the date that
such qualified issuer receives an allocation under
subsection (b).
``Any allocation under subsection (b) not used within the 6-month
period described in paragraph (4)(B) shall be applied to increase the
national clean renewable water supply bond limitation for the next
succeeding application period under subsection (b)(2)(B).
``(b) National Limitation on Amount of Bonds Designated.--
``(1) In general.--There is a national clean renewable
water supply bond limitation for each calendar year before
2019. Such limitation is--
``(A) $0 for 2009,
``(B) $100,000,000 for 2010,
``(C) $150,000,000 for 2011,
``(D) $200,000,000 for 2012,
``(E) $250,000,000 for 2013,
``(F) $500,000,000 for 2014,
``(G) $750,000,000 for 2015,
``(H) $1,000,000,000 for 2016,
``(I) $1,500,000,000 for 2017, and
``(J) $1,750,000,000 for 2018.
``(2) Allocation of limitation.--
``(A) In general.--The limitation under paragraph
(1) shall be allocated by the Secretary among qualified
projects as provided in this paragraph.
``(B) Method of allocation.--For each calendar year
after 2009 for which there is a national clean
renewable water supply bond limitation, the Secretary
shall publish a notice soliciting applications by
qualified issuers for allocations of such limitation to
qualified projects. Such notice shall specify a 3-month
application period in the calendar year during which
the Secretary will accept such applications. Within 30
days after the end of such application period, and
subject to the requirements of subparagraph (C), the
Secretary shall allocate such limitation to qualified
projects on a first-come, first-served basis, based on
the order in which such applications are received from
qualified issuers.
``(C) Allocation requirements.--
``(i) Certifications regarding regulatory
approvals.--No portion of the national clean
renewable water supply bond limitation shall be
allocated to a qualified project unless the
qualified issuer has certified in its
application for such allocation that as of the
date of such application the qualified issuer
or qualified borrower has received all Federal
and State regulatory approvals necessary to
construct the qualified project.
``(ii) Restriction on allocations to large
projects or to individual projects.--
``(I) In general.--Except as
provided in subclause (III), for any
calendar year the Secretary shall not
allocate more than 60 percent of the
national clean renewable water supply
bond limitation to 1 or more large
projects, more than 18 percent of such
limitation to any single project that
is a large project, or more than 12
percent of such limitation to any
single project that is not a large
project.
``(II) Definition of large
project.--For purposes of subclause
(I), the term `large project' means a
qualified project that is designed to
deliver more than 10,000,000 gallons of
water per day.
``(III) Exception to restriction.--
Subclause (I) shall not apply to the
extent its application would cause any
portion of the national clean renewable
water supply bond limitation for the
calendar year to remain unallocated,
based on applications for allocations
of such limitation received by the
Secretary during the application period
referred to in subparagraph (B).
``(3) Carryover of unused limitation.--If the clean
renewable water supply bond limitation for any calendar year
exceeds the aggregate amount allocated under paragraph (2) for
such year, such limitation for the succeeding calendar year
shall be increased by the amount of such excess.
``(c) Maturity Limitation.--
``(1) In general.--A bond shall not be treated as a clean
renewable water supply bond if the maturity of such bond
exceeds 20 years.
``(2) Coordination with section 54a.--The maturity
limitation in section 54A(d)(5) shall not apply to any clean
renewable water supply bond.
``(d) Refinancing Rules.--For purposes of paragraph (a)(1), a
qualified project may be refinanced with proceeds of a clean renewable
water supply bond only if the indebtedness being refinanced (including
any obligation directly or indirectly refinanced by such indebtedness)
was originally incurred by a qualified borrower after the date of the
enactment of this section.
``(e) Definitions.--For purposes of this section--
``(1) Governmental body.--The term `governmental body'
means any State or Indian tribal government, or any political
subdivision thereof.
``(2) Local water company.--The term `local water company'
means any entity responsible for providing water service to the
general public (including electric utility, industrial,
agricultural, commercial, or residential users) pursuant to
State or tribal law.
``(3) Qualified borrower.--The term `qualified borrower'
means a governmental body or a local water company.
``(4) Qualified desalination facility.--The term `qualified
desalination facility' means any facility that is used to
produce new water supplies by desalinating seawater,
groundwater, or surface water if the facility's source water
includes chlorides or total dissolved solids that, either
continuously or seasonally, exceed maximum permitted levels for
primary or secondary drinking water under Federal or State law
(as in effect on the date of issuance of the issue).
``(5) Qualified groundwater remediation facility.--The term
`qualified groundwater remediation facility' means any facility
that is used to reclaim contaminated or naturally impaired
groundwater for direct delivery for potable use if the
facility's source water includes constituents that exceed
maximum contaminant levels regulated under the Safe Drinking
Water Act (as in effect on the date of the enactment of this
section).
``(6) Qualified issuer.--The term `qualified issuer'
means--
``(A) a governmental body, or
``(B) in the case of a State or political
subdivision thereof (as defined for purposes of section
103), any entity qualified to issue tax-exempt bonds
under section 103 on behalf of such State or political
subdivision.
``(7) Qualified project.--
``(A) In general.--The term `qualified project'
means any facility owned by a qualified borrower which
is a--
``(i) qualified desalination facility,
``(ii) qualified recycled water facility,
``(iii) qualified groundwater remediation
facility, or
``(iv) facility that is functionally
related or subordinate to a facility described
in clause (i), (ii), or (iii).
``(B) Environmental impact.--A project shall not be
treated as a qualified project under subparagraph (A)
unless such project is designed to comply with
regulations issued under subsection (f) relating to the
minimization of the environmental impact of the
project.
``(8) Qualified recycled water facility.--
``(A) In general.--The term `qualified recycled
water facility' means any wastewater treatment or
distribution facility which--
``(i) exceeds the requirements for the
treatment and disposal of wastewater under the
Clean Water Act and any other Federal or State
water pollution control standards for the
discharge and disposal of wastewater to surface
water, land, or groundwater (as such
requirements and standards are in effect on the
date of issuance of the issue), and
``(ii) except as provided in subparagraph
(B), is used to reclaim wastewater produced by
the general public (including electric utility,
industrial, agricultural, commercial, or
residential users) to the extent such reclaimed
wastewater is used for a beneficial use that
the issuer reasonably expects as of the date of
issuance of the issue otherwise would have been
satisfied with potable water supplies.
``(B) Impermissible uses.--Reclaimed wastewater is
not used for a use described in subparagraph (A)(ii) to
the extent such reclaimed wastewater is--
``(i) discharged into a waterway or used to
meet waterway discharge permit requirements and
not used to supplement potable water supplies,
``(ii) used to restore habitat,
``(iii) used to provide once-through
cooling for an electric generation facility, or
``(iv) intentionally introduced into the
groundwater and not used to supplement potable
water supplies.
``(f) Regulations.--The Secretary shall prescribe such regulations
as are necessary to carry out the purposes of this section, including
regulations promulgated in consultation with the Administrator of the
Environmental Protection Agency to ensure the environmental impact of
qualified facilities is minimized.''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 54A(d) of the Internal Revenue
Code of 1986 is amended by striking ``or'' at the end of
subparagraph (D), by inserting ``or'' at the end of
subparagraph (E), and by inserting after subparagraph (E) the
following new subparagraph:
``(F) a clean renewable water supply bond,''.
(2) Subparagraph (C) of section 54A(d)(2) of such Code is
amended by striking ``and'' at the end of clause (iv), by
striking the period at the end of clause (v) and inserting ``,
and'', and by adding at the end the following new clause:
``(vi) in the case of a clean renewable
water supply bond, a purpose specified in
section 54G(a)(1).''.
(3) The table of sections for subpart I of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 54G. Clean renewable water supply bonds.''.
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2008.
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Clean Renewable Water Supply Bond Act of 2009 - Amends the Internal Revenue Code to provide for the issuance of tax-exempt clean renewable water supply bonds to finance certain water supply technologies, including water recycling, desalination, and groundwater remediation. Establishes a national limitation on the amount of bonds designated as clean renewable water supply bonds for each year between 2009 and 2019.
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A bill to amend the Internal Revenue Code of 1986 to provide for clean renewable water supply bonds.
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Clean Renewable Water Supply Bond Act of 2009". <SECTION-HEADER> CLEAN RENEWABLE WATER SUPPLY BONDS. In General. Subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 54G. CLEAN RENEWABLE WATER SUPPLY BONDS. Clean Renewable Water Supply Bonds. For purposes of this subpart, the term `clean renewable water supply bond' means any bond issued as part of an issue if 100 percent of the available project proceeds of such issue are to be used for capital expenditures incurred by qualified borrowers for 1 or more qualified projects, the bond is issued by a qualified issuer, the issuer designates such bond for purposes of this section, and in the case of a bond issued by a qualified issuer before 2019, the bond is issued pursuant to an allocation by the Secretary to such issuer of a portion of the national clean renewable water supply bond limitation under subsection , and not later than 6 months after the date that such qualified issuer receives an allocation under subsection (b). "Any allocation under subsection (b) not used within the 6-month period described in paragraph (4)(B) shall be applied to increase the national clean renewable water supply bond limitation for the next succeeding application period under subsection (b)(2)(B). National Limitation on Amount of Bonds Designated. In general. There is a national clean renewable water supply bond limitation for each calendar year before 2019. Such limitation is $0 for 2009, $100,000,000 for 2010, $150,000,000 for 2011, $200,000,000 for 2012, $250,000,000 for 2013, $500,000,000 for 2014, $750,000,000 for 2015, $1,000,000,000 for 2016, $1,500,000,000 for 2017, and $1,750,000,000 for 2018. Allocation of limitation. In general. The limitation under paragraph shall be allocated by the Secretary among qualified projects as provided in this paragraph. Method of allocation. For each calendar year after 2009 for which there is a national clean renewable water supply bond limitation, the Secretary shall publish a notice soliciting applications by qualified issuers for allocations of such limitation to qualified projects. Such notice shall specify a 3-month application period in the calendar year during which the Secretary will accept such applications. Within 30 days after the end of such application period, and subject to the requirements of subparagraph (C), the Secretary shall allocate such limitation to qualified projects on a first-come, first-served basis, based on the order in which such applications are received from qualified issuers. Allocation requirements. Certifications regarding regulatory approvals. No portion of the national clean renewable water supply bond limitation shall be allocated to a qualified project unless the qualified issuer has certified in its application for such allocation that as of the date of such application the qualified issuer or qualified borrower has received all Federal and State regulatory approvals necessary to construct the qualified project. Restriction on allocations to large projects or to individual projects. In general. Except as provided in subclause (III), for any calendar year the Secretary shall not allocate more than 60 percent of the national clean renewable water supply bond limitation to 1 or more large projects, more than 18 percent of such limitation to any single project that is a large project, or more than 12 percent of such limitation to any single project that is not a large project. Definition of large project. For purposes of subclause , the term `large project' means a qualified project that is designed to deliver more than 10,000,000 gallons of water per day. Exception to restriction. Subclause (I) shall not apply to the extent its application would cause any portion of the national clean renewable water supply bond limitation for the calendar year to remain unallocated, based on applications for allocations of such limitation received by the Secretary during the application period referred to in subparagraph (B). Carryover of unused limitation. If the clean renewable water supply bond limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. Maturity Limitation. In general. A bond shall not be treated as a clean renewable water supply bond if the maturity of such bond exceeds 20 years. Coordination with section 54a. The maturity limitation in section 54A(d)(5) shall not apply to any clean renewable water supply bond. Refinancing Rules. For purposes of paragraph (a)(1), a qualified project may be refinanced with proceeds of a clean renewable water supply bond only if the indebtedness being refinanced was originally incurred by a qualified borrower after the date of the enactment of this section. Definitions. For purposes of this section Governmental body. The term `governmental body' means any State or Indian tribal government, or any political subdivision thereof. Local water company. The term `local water company' means any entity responsible for providing water service to the general public pursuant to State or tribal law. Qualified borrower. The term `qualified borrower' means a governmental body or a local water company. Qualified desalination facility. The term `qualified desalination facility' means any facility that is used to produce new water supplies by desalinating seawater, groundwater, or surface water if the facility's source water includes chlorides or total dissolved solids that, either continuously or seasonally, exceed maximum permitted levels for primary or secondary drinking water under Federal or State law . Qualified groundwater remediation facility. The term `qualified groundwater remediation facility' means any facility that is used to reclaim contaminated or naturally impaired groundwater for direct delivery for potable use if the facility's source water includes constituents that exceed maximum contaminant levels regulated under the Safe Drinking Water Act . Qualified issuer. The term `qualified issuer' means a governmental body, or in the case of a State or political subdivision thereof , any entity qualified to issue tax-exempt bonds under section 103 on behalf of such State or political subdivision. Qualified project. In general. The term `qualified project' means any facility owned by a qualified borrower which is a qualified desalination facility, qualified recycled water facility, qualified groundwater remediation facility, or facility that is functionally related or subordinate to a facility described in clause (i), (ii), or (iii). Environmental impact. A project shall not be treated as a qualified project under subparagraph (A) unless such project is designed to comply with regulations issued under subsection (f) relating to the minimization of the environmental impact of the project. Qualified recycled water facility. In general. The term `qualified recycled water facility' means any wastewater treatment or distribution facility which exceeds the requirements for the treatment and disposal of wastewater under the Clean Water Act and any other Federal or State water pollution control standards for the discharge and disposal of wastewater to surface water, land, or groundwater , and except as provided in subparagraph , is used to reclaim wastewater produced by the general public to the extent such reclaimed wastewater is used for a beneficial use that the issuer reasonably expects as of the date of issuance of the issue otherwise would have been satisfied with potable water supplies. Impermissible uses. Reclaimed wastewater is not used for a use described in subparagraph (A)(ii) to the extent such reclaimed wastewater is discharged into a waterway or used to meet waterway discharge permit requirements and not used to supplement potable water supplies, used to restore habitat, used to provide once-through cooling for an electric generation facility, or intentionally introduced into the groundwater and not used to supplement potable water supplies. Regulations. The Secretary shall prescribe such regulations as are necessary to carry out the purposes of this section, including regulations promulgated in consultation with the Administrator of the Environmental Protection Agency to ensure the environmental impact of qualified facilities is minimized.". Conforming Amendments. Paragraph (1) of section 54A(d) of the Internal Revenue Code of 1986 is amended by striking "or" at the end of subparagraph (D), by inserting "or" at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: a clean renewable water supply bond,". Subparagraph (C) of section 54A(d)(2) of such Code is amended by striking "and" at the end of clause (iv), by striking the period at the end of clause (v) and inserting ", and", and by adding at the end the following new clause: in the case of a clean renewable water supply bond, a purpose specified in section 54G(a)(1).". The table of sections for subpart I of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: "Section 54G. Clean renewable water supply bonds.". Effective Date. The amendments made by this section shall apply to obligations issued after December 31, 2008.
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Clean Renewable Water Supply Bond Act of 2009 - Amends the Internal Revenue Code to provide for the issuance of tax-exempt clean renewable water supply bonds to finance certain water supply technologies, including water recycling, desalination, and groundwater remediation. Establishes a national limitation on the amount of bonds designated as clean renewable water supply bonds for each year between 2009 and 2019.
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A bill to amend the Internal Revenue Code of 1986 to provide for clean renewable water supply bonds.
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104_hr1961
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SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there are situated in the State of Tennessee the sites
of several key Civil War battles, campaigns, and engagements;
(2) certain sites, battlefields, structures, and areas in
Tennessee are collectively of national significance in the
history of the Civil War;
(3) the Civil War Sites Advisory Commission, established by
Congress in 1991, identified 38 sites in Tennessee as
significant;
(4) the preservation and interpretation of these sites will
make an important contribution to the understanding of the
heritage of the United States;
(5) the preservation of Civil War sites within a regional
framework requires cooperation among local property owners and
Federal, State, and local government entities; and
(6) partnerships between Federal, State, and local
governments and their regional entities, and the private
sector, offer the most effective opportunities for the
enhancement and management of the Civil War battlefields and
related sites located in Tennessee.
(b) Purposes.--The purposes of this Act are--
(1) to preserve, conserve, and interpret the legacy of the
Civil War in Tennessee;
(2) to recognize and interpret important events and
geographic locations representing key Civil War battles,
campaigns, and engagements in Tennessee;
(3) to recognize and interpret the effect of the Civil War
on the civilian population of Tennessee during the war and
postwar reconstruction period; and
(4) to create partnerships among Federal, State, and local
governments and their regional entities, and the private sector
to preserve, conserve, enhance, and interpret the battlefields
and associated sites associated with the Civil War in
Tennessee.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``national heritage area'' means the Tennessee
Civil War Heritage Area as designated pursuant to section 3.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``compact'' means the compact approved under
section 4.
(4) The term ``management plan'' means the management plan
submitted under section 5.
SEC. 3. TENNESSEE CIVIL WAR HERITAGE AREA.
(a) Designation.--Upon publication by the Secretary in the Federal
Register of notice that a compact regarding the Tennessee Civil War
Heritage Area has been approved by the Secretary in accordance with
this Act, there shall be designated the Tennessee Civil War Heritage
Area.
(b) Boundaries.--The Tennessee Civil War Heritage Area shall be
comprised of areas of the State of Tennessee depicted on the map
entitled ``Tennessee Civil War Heritage Area''. The map shall be on
file and available for public inspection in the office of the Director
of the National Park Service.
(c) Administration.--The national heritage area shall be
administered in accordance with the compact and the management plan.
SEC. 4. COMPACT.
(a) Compact.--The compact referred to in section 3(a) shall include
information relating to the objectives and management of the area
proposed for designation as a national heritage area. Such information
shall include (but not be limited to) each of the following:
(1) A delineation of the boundaries of the proposed
National Heritage Area.
(2) A discussion of the goals and objectives of the
proposed national heritage area, including an explanation of
the approach, proposed by the partners referred to in paragraph
(4), to conservation and interpretation of resources.
(3) An identification and description of the management
entity that will administer the proposed national heritage
area.
(4) A list of the initial partners to be involved in
developing and implementing the management plan for the
proposed national heritage area, and a statement of the
financial commitment of the partners.
(5) A description of the role of the State of Tennessee.
(b) Preparation of and Actions Called For in Compact.--The compact
shall be prepared with public participation. Actions called for in the
compact shall be likely to be initiated within a reasonable time after
designation of the proposed national heritage area and shall ensure
effective implementation of the State and local aspects of the compact.
(c) Approval and Disapproval of Compacts.--(1) The Secretary, in
consultation with the Governor of Tennessee, shall approve or
disapprove the proposed compact not later than 90 days after receiving
such compact.
(2) If the Secretary disapproves a proposed compact, the Secretary
shall advise, in writing, the reasons for the disapproval and shall
make recommendations for revisions of the proposed compact. The
Secretary shall approve or disapprove a proposed revision to such a
compact within 90 days after the date on which the revision is
submitted to the Secretary.
SEC. 5. MANAGEMENT.
(a) Management Plans.--A management plan submitted under this Act
for the national heritage area shall present comprehensive
recommendations for the conservation, funding, management, and
development of the area. The management plan shall--
(1) be prepared with public participation;
(2) take into consideration existing Federal, State,
county, and local plans and involve residents, public agencies,
and private organizations in the area;
(3) include a description of actions that units of
government and private organizations are recommended to take to
protect the resources of the area;
(4) specify existing and potential sources of funding for
the conservation, management, and development of the area; and
(5) include the following, as appropriate:
(A) An inventory of the resources contained in the
national heritage area, including a list of property in
the area that should be conserved, restored, managed,
developed, or maintained because of the natural,
cultural, or historic significance of the property as
it relates to the themes of the area.
(B) A recommendation of policies for resource
management that consider and detail the application of
appropriate land and water management techniques,
including (but not limited to) the development of
intergovernmental cooperative agreements to manage the
historical, cultural, and natural resources and the
recreational opportunities of the area in a manner
consistent with the support of appropriate and
compatible economic viability.
(C) A program, including plans for restoration and
construction, for implementation of the management plan
by the management entity specified in the compact for
the area and specific commitments, for the first 5
years of operation of the plan, by the partners
identified in the compact.
(D) An analysis of means by which Federal, State,
and local programs may best be coordinated to promote
the purposes of this Act.
(E) An interpretive plan for the National Heritage
Area.
(b) Management Entities.--The management entity for the national
heritage area shall do each of the following:
(1) Develop and submit to the Secretary a management plan
not later than three years after the date of the designation of
the area as a national heritage area.
(2) Give priority to the implementation of actions, goals,
and policies set forth in the compact and management plan for
the area, including--
(A) assisting units of government, regional
planning organizations, and nonprofit organizations--
(i) in conserving the national heritage
area;
(ii) in establishing and maintaining
interpretive exhibits in the area;
(iii) in developing recreational
opportunities in the area;
(iv) in increasing public awareness of and
appreciation for the natural, historical, and
cultural resources of the area;
(v) in the restoration of historic
buildings that are located within the
boundaries of the area and relate to the themes
of the area; and
(vi) in ensuring that clear, consistent,
and environmentally appropriate signs
identifying access points and sites of interest
are put in place throughout the area; and
(B) consistent with the goals of the management
plan, encouraging economic viability in the affected
communities by appropriate means.
(3) In developing and implementing the management plan for
the area, consider the interests of diverse units of
government, businesses, private property owners, and nonprofit
groups within the geographic area.
(4) Conduct public meetings at least quarterly regarding
the implementation of the management plan for the area.
(c) Clearing House.--The Congress recognizes the Center for
Historic Preservation at Middle Tennessee State University as the
clearing house for the Tennessee Civil War Heritage Area.
SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Secretary of the Interior.--The Secretary--
(1) may provide technical assistance to units of government
and private nonprofit organizations regarding feasibility
studies and the compact and, upon request of the management
entity for the national heritage area, regarding the management
plan and its implementation;
(2) may not, as a condition of the award of technical
assistance under this section, require any recipient of such
technical assistance to enact or modify land use restrictions;
and
(3) may not make limitations on fishing, hunting, or
trapping a condition for the approval of the compact or the
determination of eligibility for technical assistance under
this section.
(b) Duties of Other Federal Agencies.--Any Federal entity
conducting any activity directly affecting the national heritage area
shall consider the potential effect of the activity on the management
plan for the area and shall consult with the Governor of Tennessee with
respect to the activity to minimize the adverse effects of the activity
on the area.
SEC. 7. SAVINGS PROVISIONS.
(a) Lack of Effect on Authority of Governments.--Nothing in this
Act shall be construed to modify, enlarge, or diminish any authority of
the Federal, State, or local governments to regulate any use of land as
provided for by law or regulation.
(b) Lack of Zoning or Land Use Powers of Entity.--Nothing in this
Act shall be construed to grant powers of zoning or land use to any
management entity for the national heritage area.
(c) Fish and Wildlife.--The designation of the national heritage
area shall not diminish the authority of the State of Tennessee to
manage fish and wildlife, including the regulation of fishing and
hunting within such area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act.
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Designates the Tennessee Civil War Heritage Area in Tennessee upon notification in the Federal Register by the Secretary of the Interior that a compact relating to the objectives and management of the Area has been approved by the Secretary. Requires the management plan to be developed and submitted to the Secretary by the management entity for the Area to present comprehensive recommendations for the conservation, funding, management, and development of the Area. Recognizes the Center for Historic Preservation at Middle Tennessee State University as the clearinghouse for the Area. Authorizes appropriations.
|
To designate the Tennessee Civil War Heritage Area, and for other purposes.
| 12,421
| 615
|
<SECTION-HEADER> FINDINGS AND PURPOSES. Findings. The Congress finds that there are situated in the State of Tennessee the sites of several key Civil War battles, campaigns, and engagements. Certain sites, battlefields, structures, and areas in Tennessee are collectively of national significance in the history of the Civil War. The Civil War Sites Advisory Commission, established by Congress in 1991, identified 38 sites in Tennessee as significant. The preservation and interpretation of these sites will make an important contribution to the understanding of the heritage of the United States. The preservation of Civil War sites within a regional framework requires cooperation among local property owners and Federal, State, and local government entities. And partnerships between Federal, State, and local governments and their regional entities, and the private sector, offer the most effective opportunities for the enhancement and management of the Civil War battlefields and related sites located in Tennessee. Purposes. The purposes of this Act are to preserve, conserve, and interpret the legacy of the Civil War in Tennessee. To recognize and interpret important events and geographic locations representing key Civil War battles, campaigns, and engagements in Tennessee. To recognize and interpret the effect of the Civil War on the civilian population of Tennessee during the war and postwar reconstruction period. And to create partnerships among Federal, State, and local governments and their regional entities, and the private sector to preserve, conserve, enhance, and interpret the battlefields and associated sites associated with the Civil War in Tennessee. <SECTION-HEADER> DEFINITIONS. As used in this Act: The term "national heritage area" means the Tennessee Civil War Heritage Area as designated pursuant to section 3. The term "Secretary" means the Secretary of the Interior. The term "compact" means the compact approved under section 4. The term "management plan" means the management plan submitted under section 5. <SECTION-HEADER> TENNESSEE CIVIL WAR HERITAGE AREA. Designation. Upon publication by the Secretary in the Federal Register of notice that a compact regarding the Tennessee Civil War Heritage Area has been approved by the Secretary in accordance with this Act, there shall be designated the Tennessee Civil War Heritage Area. Boundaries. The Tennessee Civil War Heritage Area shall be comprised of areas of the State of Tennessee depicted on the map entitled "Tennessee Civil War Heritage Area". The map shall be on file and available for public inspection in the office of the Director of the National Park Service. Administration. The national heritage area shall be administered in accordance with the compact and the management plan. <SECTION-HEADER> COMPACT. Compact. The compact referred to in section 3(a) shall include information relating to the objectives and management of the area proposed for designation as a national heritage area. Such information shall include each of the following: A delineation of the boundaries of the proposed National Heritage Area. A discussion of the goals and objectives of the proposed national heritage area, including an explanation of the approach, proposed by the partners referred to in paragraph , to conservation and interpretation of resources. An identification and description of the management entity that will administer the proposed national heritage area. A list of the initial partners to be involved in developing and implementing the management plan for the proposed national heritage area, and a statement of the financial commitment of the partners. A description of the role of the State of Tennessee. Preparation of and Actions Called For in Compact. The compact shall be prepared with public participation. Actions called for in the compact shall be likely to be initiated within a reasonable time after designation of the proposed national heritage area and shall ensure effective implementation of the State and local aspects of the compact. Approval and Disapproval of Compacts. (1) The Secretary, in consultation with the Governor of Tennessee, shall approve or disapprove the proposed compact not later than 90 days after receiving such compact. If the Secretary disapproves a proposed compact, the Secretary shall advise, in writing, the reasons for the disapproval and shall make recommendations for revisions of the proposed compact. The Secretary shall approve or disapprove a proposed revision to such a compact within 90 days after the date on which the revision is submitted to the Secretary. <SECTION-HEADER> MANAGEMENT. Management Plans. A management plan submitted under this Act for the national heritage area shall present comprehensive recommendations for the conservation, funding, management, and development of the area. The management plan shall be prepared with public participation. Take into consideration existing Federal, State, county, and local plans and involve residents, public agencies, and private organizations in the area. Include a description of actions that units of government and private organizations are recommended to take to protect the resources of the area. Specify existing and potential sources of funding for the conservation, management, and development of the area. And include the following, as appropriate: An inventory of the resources contained in the national heritage area, including a list of property in the area that should be conserved, restored, managed, developed, or maintained because of the natural, cultural, or historic significance of the property as it relates to the themes of the area. A recommendation of policies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental cooperative agreements to manage the historical, cultural, and natural resources and the recreational opportunities of the area in a manner consistent with the support of appropriate and compatible economic viability. A program, including plans for restoration and construction, for implementation of the management plan by the management entity specified in the compact for the area and specific commitments, for the first 5 years of operation of the plan, by the partners identified in the compact. An analysis of means by which Federal, State, and local programs may best be coordinated to promote the purposes of this Act. An interpretive plan for the National Heritage Area. Management Entities. The management entity for the national heritage area shall do each of the following: Develop and submit to the Secretary a management plan not later than three years after the date of the designation of the area as a national heritage area. Give priority to the implementation of actions, goals, and policies set forth in the compact and management plan for the area, including assisting units of government, regional planning organizations, and nonprofit organizations in conserving the national heritage area, in establishing and maintaining interpretive exhibits in the area, in developing recreational opportunities in the area. In increasing public awareness of and appreciation for the natural, historical, and cultural resources of the area. In the restoration of historic buildings that are located within the boundaries of the area and relate to the themes of the area. And in ensuring that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are put in place throughout the area. And consistent with the goals of the management plan, encouraging economic viability in the affected communities by appropriate means. In developing and implementing the management plan for the area, consider the interests of diverse units of government, businesses, private property owners, and nonprofit groups within the geographic area. Conduct public meetings at least quarterly regarding the implementation of the management plan for the area. Clearing House. The Congress recognizes the Center for Historic Preservation at Middle Tennessee State University as the clearing house for the Tennessee Civil War Heritage Area. <SECTION-HEADER> DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. Secretary of the Interior. The Secretary may provide technical assistance to units of government and private nonprofit organizations regarding feasibility studies and the compact and, upon request of the management entity for the national heritage area, regarding the management plan and its implementation. May not, as a condition of the award of technical assistance under this section, require any recipient of such technical assistance to enact or modify land use restrictions. And may not make limitations on fishing, hunting, or trapping a condition for the approval of the compact or the determination of eligibility for technical assistance under this section. Duties of Other Federal Agencies. Any Federal entity conducting any activity directly affecting the national heritage area shall consider the potential effect of the activity on the management plan for the area and shall consult with the Governor of Tennessee with respect to the activity to minimize the adverse effects of the activity on the area. <SECTION-HEADER> SAVINGS PROVISIONS. Lack of Effect on Authority of Governments. Nothing in this Act shall be construed to modify, enlarge, or diminish any authority of the Federal, State, or local governments to regulate any use of land as provided for by law or regulation. Lack of Zoning or Land Use Powers of Entity. Nothing in this Act shall be construed to grant powers of zoning or land use to any management entity for the national heritage area. Fish and Wildlife. The designation of the national heritage area shall not diminish the authority of the State of Tennessee to manage fish and wildlife, including the regulation of fishing and hunting within such area. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.
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Designates the Tennessee Civil War Heritage Area in Tennessee upon notification in the Federal Register by the Secretary of the Interior that a compact relating to the objectives and management of the Area has been approved by the Secretary. Requires the management plan to be developed and submitted to the Secretary by the management entity for the Area to present comprehensive recommendations for the conservation, funding, management, and development of the Area. Recognizes the Center for Historic Preservation at Middle Tennessee State University as the clearinghouse for the Area. Authorizes appropriations.
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To designate the Tennessee Civil War Heritage Area, and for other purposes.
|
113_hr5325
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Manufacturing Workforce Act
of 2014''.
SEC. 2. REFUNDABLE TAX CREDIT FOR UNEMPLOYED WORKERS OBTAINING
MANUFACTURING JOB TRAINING.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36B the following new section:
``SEC. 36C. UNEMPLOYED WORKERS OBTAINING MANUFACTURING JOB TRAINING.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year with respect to each eligible individual an amount
equal to the eligible individual's qualified training costs paid or
incurred by the taxpayer during the taxable year.
``(b) Limitation.--The credit allowed under subsection (a) with
respect to each eligible individual shall not exceed $1,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified training costs.--The term `qualified
training costs' means expenses for tuition, fees, and course
materials paid or incurred in qualified manufacturing training.
``(2) Qualified manufacturing training.--The term
`qualified manufacturing job training' means training to
develop or better skills for a manufacturing position in the
manufacturing industry, as determined by the Secretary of
Labor.
``(3) Eligible individual.--For purposes of this section,
the term `eligible individual' means an individual who--
``(A) is the taxpayer or the taxpayer's spouse or
dependent,
``(B) is certified by the State employment security
agency established in accordance with the Act of June
6, 1933, as amended (29 U.S.C. 49-49n), as having been
in receipt of unemployment compensation under State or
Federal law on any day within the 1-year period ending
on the date qualified manufacturing job training
begins, and
``(C) has resided for the 6-month period preceding
the date on which qualified manufacturing job training
begins in one of the 15 States determined by the
Secretary of Labor to be a State in which there are the
greatest number of job opportunities in the
manufacturing industry.
``(d) Denial of Double Benefit.--No credit shall be allowed under
this section for any expense for which a deduction or credit is allowed
under any other provision of this chapter.
``(e) Termination.--Subsection (a) shall not apply to amounts paid
or incurred in taxable years beginning after December 31, 2020.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36C,'' after ``36B,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36B
the following new item:
``Sec. 36C. Unemployed workers obtaining manufacturing job training.''.
(c) Notice of Credit.--The Commissioner of Internal Revenue shall
provide notice on the website of the Internal Revenue Service of the
availability of the credit established by subsection (a), and it is the
sense of the Congress that other governmental job training and
unemployment compensation entities shall also provide notice of such
credit on their websites.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 3. EMPLOYER CREDIT FOR EMPLOYER PROVIDED ADULT EDUCATION AND
MANUFACTURING JOB TRAINING PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. CREDIT FOR EMPLOYER-PROVIDED ADULT EDUCATION AND
MANUFACTURING JOB TRAINING PROGRAMS.
``(a) In General.--For the purposes of section 38, the education
and training credit determined under this section for the taxable year
is an amount equal to 20 percent of the aggregate qualified education
and training expenses paid or incurred for each employee during the
taxable year.
``(b) Limitation.--The credit allowed under subsection (a) with
respect to any employee for a taxable year shall not exceed $1,000.
``(c) Qualified Education and Training Expenses.--For purposes of
this section, the term `qualified education and training expenses'
means with respect to an employee amounts paid or incurred during the
taxable year in providing education or training for manufacturing under
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) or a
curriculum approved by the Employment and Training Administration of
the Department of Labor to individuals employed by the taxpayer in
manufacturing positions (as determined by the Secretary of Labor).
``(d) Special Rules.--
``(1) Denial of double benefit.--No deduction or credit
shall be allowed under this chapter for the portion of the
expenses that are taken into account in determining the credit
under this section for the taxable year.
``(2) Aggregation.--For purposes of this section, all
persons treated as a single employer under subsection (a) or
(b) or section 52, or subsection (m) or (o) of section 414,
shall be treated as one person.
``(e) Election To Have Credit Not Apply.--A taxpayer may elect (at
such time and in such manner as the Secretary may by regulations
prescribe) to have this section not apply for any taxable year.
``(f) Termination.--This section shall not apply to expenses paid
after December 31, 2020.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of the Internal Revenue Code of 1986 is amended by
striking ``plus'' at the end of paragraph (35), by striking the period
at the end of paragraph (36) and inserting ``, plus'', and by adding at
the end the following new paragraph:
``(37) the education and training credit determined under
section 45S(a).''.
(c) Technical Amendment.--Section 6501(m) of the Internal Revenue
Code of 1986 is amended by inserting ``45S(e),'' after ``45H(g),''.
(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 adding at the end the following new item:
``Sec. 45S. Credit for employer-provided adult education and
manufacturing job training programs.''.
(e) Effective Dates.--The amendments made by this section shall
apply to expenses paid or incurred in taxable years beginning after
December 31, 2014.
SEC. 4. PRESIDENTIAL AWARD FOR BUSINESS LEADERSHIP IN PREPARING WORKERS
FOR THE MANUFACTURING ECONOMY.
(a) Establishment.--There is established the Presidential Award for
Business Leadership in Manufacturing Job Training (referred to in this
section as the ``Presidential Manufacturing Job Training Award''),
which shall be awarded to companies and other organizations for
extraordinary efforts in assisting their employees and members to
develop or better the manufacturing skills and training and increase
the productivity of American manufacturing.
(b) Selection and Presentation of Award.--
(1) Selection.--The President shall periodically award the
Presidential Manufacturing Job Training Award to companies and
other organizations described in subsection (a) after reviewing
recommendations to the President with respect to such award by
the Secretary of Labor in consultation with the Secretary of
Commerce.
(2) Presentation.--The presentation of the Presidential
Manufacturing Job Training Award shall be made by the
President, or a designee of the President, in conjunction with
an appropriate ceremony.
SEC. 5. BEST PRACTICES FOR MANUFACTURING JOB TRAINING.
The Secretary of Labor shall, from time to time, collect and
disseminate best practices for manufacturing job training.
|
American Manufacturing Workforce Act of 2014 - Amends the Internal Revenue Code to allow, through 2020, tax credits for: (1)nbsp, up to $1,000 of thenbsp, expenses for tuition, fees, and course materials paid or incurrednbsp. For the training of a worker to develop or improve skills for a manufacturing position. And (2) up to 20 of the first $1,000 of education or training expenses for manufacturing under the Workforce Investment Act of 1998 or a curriculum approved by the Employment and Training Administration for individuals employed in manufacturing positions. Establishes the Presidential Award for Business Leadership in Manufacturing Job Training to recognize companies and other organizations for extraordinary efforts in assisting their employees and members to develop or improve manufacturing skills and training and increase productivity. Directs the Secretary of Labor to periodically collect and disseminate best practices for manufacturing job training.
|
American Manufacturing Workforce Act of 2014
| 8,583
| 973
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "American Manufacturing Workforce Act of 2014". <SECTION-HEADER> REFUNDABLE TAX CREDIT FOR UNEMPLOYED WORKERS OBTAINING MANUFACTURING JOB TRAINING. In General. Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: "Section 36C. UNEMPLOYED WORKERS OBTAINING MANUFACTURING JOB TRAINING. In General. In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year with respect to each eligible individual an amount equal to the eligible individual's qualified training costs paid or incurred by the taxpayer during the taxable year. Limitation. The credit allowed under subsection (a) with respect to each eligible individual shall not exceed $1,000. Definitions. For purposes of this section Qualified training costs. The term `qualified training costs' means expenses for tuition, fees, and course materials paid or incurred in qualified manufacturing training. Qualified manufacturing training. The term `qualified manufacturing job training' means training to develop or better skills for a manufacturing position in the manufacturing industry, as determined by the Secretary of Labor. Eligible individual. For purposes of this section, the term `eligible individual' means an individual who is the taxpayer or the taxpayer's spouse or dependent, is certified by the State employment security agency established in accordance with the Act of June 6, 1933, as amended , as having been in receipt of unemployment compensation under State or Federal law on any day within the 1-year period ending on the date qualified manufacturing job training begins, and has resided for the 6-month period preceding the date on which qualified manufacturing job training begins in one of the 15 States determined by the Secretary of Labor to be a State in which there are the greatest number of job opportunities in the manufacturing industry. Denial of Double Benefit. No credit shall be allowed under this section for any expense for which a deduction or credit is allowed under any other provision of this chapter. Termination. Subsection (a) shall not apply to amounts paid or incurred in taxable years beginning after December 31, 2020.". Conforming Amendments. Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting "36C," after "36B,". The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: "Section 36C. Unemployed workers obtaining manufacturing job training.". Notice of Credit. The Commissioner of Internal Revenue shall provide notice on the website of the Internal Revenue Service of the availability of the credit established by subsection (a), and it is the sense of the Congress that other governmental job training and unemployment compensation entities shall also provide notice of such credit on their websites. Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 2014. <SECTION-HEADER> EMPLOYER CREDIT FOR EMPLOYER PROVIDED ADULT EDUCATION AND MANUFACTURING JOB TRAINING PROGRAMS. In General. Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 45S. CREDIT FOR EMPLOYER-PROVIDED ADULT EDUCATION AND MANUFACTURING JOB TRAINING PROGRAMS. In General. For the purposes of section 38, the education and training credit determined under this section for the taxable year is an amount equal to 20 percent of the aggregate qualified education and training expenses paid or incurred for each employee during the taxable year. Limitation. The credit allowed under subsection (a) with respect to any employee for a taxable year shall not exceed $1,000. Qualified Education and Training Expenses. For purposes of this section, the term `qualified education and training expenses' means with respect to an employee amounts paid or incurred during the taxable year in providing education or training for manufacturing under the Workforce Investment Act of 1998 or a curriculum approved by the Employment and Training Administration of the Department of Labor to individuals employed by the taxpayer in manufacturing positions . Special Rules. Denial of double benefit. No deduction or credit shall be allowed under this chapter for the portion of the expenses that are taken into account in determining the credit under this section for the taxable year. Aggregation. For purposes of this section, all persons treated as a single employer under subsection (a) or or section 52, or subsection (m) or (o) of section 414, shall be treated as one person. Election To Have Credit Not Apply. A taxpayer may elect to have this section not apply for any taxable year. Termination. This section shall not apply to expenses paid after December 31, 2020.". Credit To Be Part of General Business Credit. Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking "plus" at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ", plus", and by adding at the end the following new paragraph: the education and training credit determined under section 45S(a).". Technical Amendment. Section 6501(m) of the Internal Revenue Code of 1986 is amended by inserting "45S(e)," after "45H(g),". Clerical Amendment. The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: "Section 45S. Credit for employer-provided adult education and manufacturing job training programs.". Effective Dates. The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 2014. <SECTION-HEADER> PRESIDENTIAL AWARD FOR BUSINESS LEADERSHIP IN PREPARING WORKERS FOR THE MANUFACTURING ECONOMY. Establishment. There is established the Presidential Award for Business Leadership in Manufacturing Job Training , which shall be awarded to companies and other organizations for extraordinary efforts in assisting their employees and members to develop or better the manufacturing skills and training and increase the productivity of American manufacturing. Selection and Presentation of Award. Selection. The President shall periodically award the Presidential Manufacturing Job Training Award to companies and other organizations described in subsection (a) after reviewing recommendations to the President with respect to such award by the Secretary of Labor in consultation with the Secretary of Commerce. Presentation. The presentation of the Presidential Manufacturing Job Training Award shall be made by the President, or a designee of the President, in conjunction with an appropriate ceremony. <SECTION-HEADER> BEST PRACTICES FOR MANUFACTURING JOB TRAINING. The Secretary of Labor shall, from time to time, collect and disseminate best practices for manufacturing job training.
|
American Manufacturing Workforce Act of 2014 - Amends the Internal Revenue Code to allow, through 2020, tax credits for: (1)nbsp, up to $1,000 of thenbsp, expenses for tuition, fees, and course materials paid or incurrednbsp. For the training of a worker to develop or improve skills for a manufacturing position. And (2) up to 20 of the first $1,000 of education or training expenses for manufacturing under the Workforce Investment Act of 1998 or a curriculum approved by the Employment and Training Administration for individuals employed in manufacturing positions. Establishes the Presidential Award for Business Leadership in Manufacturing Job Training to recognize companies and other organizations for extraordinary efforts in assisting their employees and members to develop or improve manufacturing skills and training and increase productivity. Directs the Secretary of Labor to periodically collect and disseminate best practices for manufacturing job training.
|
American Manufacturing Workforce Act of 2014
|
114_hr91
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Identification Card Act
2015''.
SEC. 2. VETERANS IDENTIFICATION CARD.
(a) Findings.--Congress makes the following findings:
(1) Effective on the day before the date of the enactment of
this Act, veteran identification cards were issued to veterans who
have either completed the statutory time-in-service requirement for
retirement from the Armed Forces or who have received a medical-
related discharge from the Armed Forces.
(2) Effective on the day before the date of the enactment of
this Act, a veteran who served a minimum obligated time in service,
but who did not meet the criteria described in paragraph (1), did
not receive a means of identifying the veteran's status as a
veteran other than using the Department of Defense form DD-214
discharge papers of the veteran.
(3) Goods, services, and promotional activities are often
offered by public and private institutions to veterans who
demonstrate proof of service in the military, but it is impractical
for a veteran to always carry Department of Defense form DD-214
discharge papers to demonstrate such proof.
(4) A general purpose veteran identification card made
available to veterans would be useful to demonstrate the status of
the veterans without having to carry and use official Department of
Defense form DD-214 discharge papers.
(5) On the day before the date of the enactment of this Act,
the Department of Veterans Affairs had the infrastructure in place
across the United States to produce photographic identification
cards and accept a small payment to cover the cost of these cards.
(b) Provision of Veteran Identification Cards.--Chapter 57 of title
38, United States Code, is amended by adding after section 5705 the
following new section:
``Sec. 5706. Veterans identification card
``(a) In General.--The Secretary of Veterans Affairs shall issue an
identification card described in subsection (b) to each veteran who--
``(1) requests such card;
``(2) presents a copy of Department of Defense form DD-214 or
other official document from the official military personnel file
of the veteran that describes the service of the veteran; and
``(3) pays the fee under subsection (c)(1).
``(b) Identification Card.--An identification card described in
this subsection is a card issued to a veteran that--
``(1) displays a photograph of the veteran;
``(2) displays the name of the veteran;
``(3) explains that such card is not proof of any benefits to
which the veteran is entitled to;
``(4) contains an identification number that is not a social
security number; and
``(5) serves as proof that such veteran--
``(A) served in the Armed Forces; and
``(B) has a Department of Defense form DD-214 or other
official document in the official military personnel file of
the veteran that describes the service of the veteran.
``(c) Costs of Card.--(1) The Secretary shall charge a fee to each
veteran who receives an identification card issued under this section,
including a replacement identification card.
``(2)(A) The fee charged under paragraph (1) shall equal such
amount as the Secretary determines is necessary to issue an
identification card under this section.
``(B) In determining the amount of the fee under subparagraph (A),
the Secretary shall ensure that the total amount of fees collected
under paragraph (1) equals an amount necessary to carry out this
section, including costs related to any additional equipment or
personnel required to carry out this section.
``(C) The Secretary shall review and reassess the determination
under subparagraph (A) during each five-year period in which the
Secretary issues an identification card under this section.
``(3) Amounts collected under this subsection shall be deposited in
an account of the Department available to carry out this section.
Amounts so deposited shall be--
``(A) merged with amounts in such account;
``(B) available in such amounts as may be provided in
appropriation Acts; and
``(C) subject to the same conditions and limitations as amounts
otherwise in such account.
``(d) Effect of Card on Benefits.--(1) An identification card
issued under this section shall not serve as proof of any benefits that
the veteran may be entitled to under this title.
``(2) A veteran who is issued an identification card under this
section shall not be entitled to any benefits under this title by
reason of possessing such card.
``(e) Administrative Measures.--(1) The Secretary shall ensure that
any information collected or used with respect to an identification
card issued under this section is appropriately secured.
``(2) The Secretary may determine any appropriate procedures with
respect to issuing a replacement identification card.
``(3) In carrying out this section, the Secretary shall coordinate
with the National Personnel Records Center.
``(4) The Secretary may conduct such outreach to advertise the
identification card under this section as the Secretary considers
appropriate.
``(f) Construction.--This section shall not be construed to affect
identification cards otherwise provided by the Secretary to veterans
enrolled in the health care system established under section 1705(a) of
this title.''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
5705 the following new item:
``5706. Veterans identification card.''.
(d) Effective Date.--The amendments made by this Act shall take
effect on the date that is 60 days after the date of the enactment of
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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This measure has not been amended since it was passed by the Senate on June 22, 2015. Veteran's Identification Card Act of 2015 Directs the Department of Veterans Affairs (VA) to issue a veteran's identification card to a requesting veteran who is neither entitled to military retired pay nor enrolled in the VA system of patient enrollment. Requires such card, among other things, to: (1) display the veteran's name and photograph, and (2) serve as proof that the veteran has a DD-214 form or other official document in his or her military personnel file that describes the veteran's military service. Directs VA to charge a card fee. States that such card shall not serve as proof of entitlement to any benefits.
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Veterans Identification Card Act 2015
| 6,182
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Veterans Identification Card Act 2015". <SECTION-HEADER> VETERANS IDENTIFICATION CARD. Findings. Congress makes the following findings: Effective on the day before the date of the enactment of this Act, veteran identification cards were issued to veterans who have either completed the statutory time-in-service requirement for retirement from the Armed Forces or who have received a medical- related discharge from the Armed Forces. Effective on the day before the date of the enactment of this Act, a veteran who served a minimum obligated time in service, but who did not meet the criteria described in paragraph (1), did not receive a means of identifying the veteran's status as a veteran other than using the Department of Defense form DD-214 discharge papers of the veteran. Goods, services, and promotional activities are often offered by public and private institutions to veterans who demonstrate proof of service in the military, but it is impractical for a veteran to always carry Department of Defense form DD-214 discharge papers to demonstrate such proof. A general purpose veteran identification card made available to veterans would be useful to demonstrate the status of the veterans without having to carry and use official Department of Defense form DD-214 discharge papers. On the day before the date of the enactment of this Act, the Department of Veterans Affairs had the infrastructure in place across the United States to produce photographic identification cards and accept a small payment to cover the cost of these cards. Provision of Veteran Identification Cards. Chapter 57 of title 38, United States Code, is amended by adding after section 5705 the following new section: "Section 5706. Veterans identification card In General. The Secretary of Veterans Affairs shall issue an identification card described in subsection (b) to each veteran who requests such card. Presents a copy of Department of Defense form DD-214 or other official document from the official military personnel file of the veteran that describes the service of the veteran. And pays the fee under subsection (c)(1). Identification Card. An identification card described in this subsection is a card issued to a veteran that displays a photograph of the veteran, displays the name of the veteran. Explains that such card is not proof of any benefits to which the veteran is entitled to. Contains an identification number that is not a social security number. And serves as proof that such veteran served in the Armed Forces. And has a Department of Defense form DD-214 or other official document in the official military personnel file of the veteran that describes the service of the veteran. Costs of Card. (1) The Secretary shall charge a fee to each veteran who receives an identification card issued under this section, including a replacement identification card. (A) The fee charged under paragraph (1) shall equal such amount as the Secretary determines is necessary to issue an identification card under this section. In determining the amount of the fee under subparagraph (A), the Secretary shall ensure that the total amount of fees collected under paragraph (1) equals an amount necessary to carry out this section, including costs related to any additional equipment or personnel required to carry out this section. The Secretary shall review and reassess the determination under subparagraph (A) during each five-year period in which the Secretary issues an identification card under this section. Amounts collected under this subsection shall be deposited in an account of the Department available to carry out this section. Amounts so deposited shall be merged with amounts in such account. Available in such amounts as may be provided in appropriation Acts. And subject to the same conditions and limitations as amounts otherwise in such account. Effect of Card on Benefits. (1) An identification card issued under this section shall not serve as proof of any benefits that the veteran may be entitled to under this title. A veteran who is issued an identification card under this section shall not be entitled to any benefits under this title by reason of possessing such card. Administrative Measures. (1) The Secretary shall ensure that any information collected or used with respect to an identification card issued under this section is appropriately secured. The Secretary may determine any appropriate procedures with respect to issuing a replacement identification card. In carrying out this section, the Secretary shall coordinate with the National Personnel Records Center. The Secretary may conduct such outreach to advertise the identification card under this section as the Secretary considers appropriate. Construction. This section shall not be construed to affect identification cards otherwise provided by the Secretary to veterans enrolled in the health care system established under section 1705(a) of this title.". Clerical Amendment. The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5705 the following new item: "5706. Veterans identification card.". Effective Date. The amendments made by this Act shall take effect on the date that is 60 days after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
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This measure has not been amended since it was passed by the Senate on June 22, 2015. Veteran's Identification Card Act of 2015 Directs the Department of Veterans Affairs (VA) to issue a veteran's identification card to a requesting veteran who is neither entitled to military retired pay nor enrolled in the VA system of patient enrollment. Requires such card, among other things, to: (1) display the veteran's name and photograph, and (2) serve as proof that the veteran has a DD-214 form or other official document in his or her military personnel file that describes the veteran's military service. Directs VA to charge a card fee. States that such card shall not serve as proof of entitlement to any benefits.
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Veterans Identification Card Act 2015
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110_s3624
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean, Low-Emission, Affordable, New
Transportation Efficiency Act''.
SEC. 2. TRANSPORTATION ALTERNATIVES.
(a) In General.--Subtitle III of title 49, United States Code, is
amended by adding at the end the following:
``CHAPTER 63--TRANSPORTATION ALTERNATIVES
``Sec. 6301. Definitions
``In this chapter:
``(1) Administrator.--The term `Administrator' means
Administrator of the Environmental Protection Agency.
``(2) Charrette.--The term `charrette' means a open,
collaborative design session held over the course of 2 or more
days--
``(A) that includes participation by stakeholders
and the public;
``(B) that involves a collaborative process with a
series of short feedback loops; and
``(C) the purpose of which is to produce 2 or more
feasible Plans.
``(3) Fund.--The term `Fund' means the Low Greenhouse Gas
Transportation Fund established by section 6302(a)(1).
``(4) Intercity passenger rail service.--
``(A) In general.--The term `intercity passenger
rail service' has the meaning given the term `intercity
rail passenger transportation' in section 24102.
``(B) Inclusion.--The term `intercity passenger
rail service' includes high-speed rail service.
``(5) MPO.--The term `MPO' means a metropolitan planning
organization designated under section 134(b) of title 23 that,
as of the most recent decennial census, represents more than
200,000 individuals.
``(6) Plan.--The term `Plan' means a transportation
greenhouse gas reduction plan covering a period of at least 10
years developed under section 6304(a).
``(7) Scenario analysis.--The term `scenario analysis'
means an analysis that is conducted by identifying different
trends and making projections based on those trends to develop
a range of scenarios and estimates of how each scenario could
improve mobility and affect rates of--
``(A) vehicle miles traveled;
``(B) use of petroleum-derived transportation fuel;
and
``(C) greenhouse gas emissions from the
transportation sector.
``(8) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia; and
``(C) the Commonwealth of Puerto Rico.
``Sec. 6302. Fund
``(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the `Low Greenhouse Gas
Transportation Fund', consisting of such amounts as are deposited in
the Fund under section 6303(c).
``(b) Expenditures From Fund.--
``(1) In general.--Subject to section 6303(c), on request
by the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary such amounts as the Secretary
determines are necessary to provide assistance for use in
implementing projects under Plans developed under section
6308(b).
``(2) Administrative expenses.--An amount not exceeding 10
percent of the amounts in the Fund shall be available for each
fiscal year to pay the administrative expenses necessary to
carry out this Act.
``(c) Transfers of Amounts.--
``(1) In general.--The amounts required to be transferred
to the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
``(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
``Sec. 6303. Auctioning
``(a) In General.--For each of calendar years 2012 through 2050,
the Administrator shall auction 10 percent of the emission allowances
established for each of those calendar years under any program in
effect providing for the regulation of greenhouse gas emissions and the
auctioning of emission allowances that is administered by the
Administrator.
``(b) Timing.--The auctions required for each calendar year
specified in paragraph (1) shall be conducted over the course of at
least 4 sessions, spaced evenly over a period beginning 330 days
before, and ending 60 days after, the beginning of each such calendar
year.
``(c) Deposit of Proceeds.--The Administrator shall deposit in the
Fund the proceeds from each auction conducted under this section.
``Sec. 6304. Plans
``(a) Goal.--Each State and MPO shall establish the goal of
reducing greenhouse gas emissions from the transportation sector during
the 10 years following the date of enactment of this chapter through--
``(1) the increase in mobility options;
``(2) the reduction of vehicle miles traveled; and
``(3) the use of petroleum-derived transportation fuel.
``(b) Development of Plans.--Each State and MPO shall develop a
transportation greenhouse gas reduction plan, and a prioritized list of
projects the support the plan, that are integrated into the long-range
transportation and transportation improvement plans of the State or MPO
to work toward achieving the goal established by the State or MPO under
subsection (a) through investment in--
``(1) new transit projects eligible for assistance under
chapter 53 (or the expansion of operations or frequency of
existing transit service);
``(2) an intercity passenger rail project for--
``(A)(i) the acquisition, construction,
improvement, or inspection of equipment, track and
track structures, or a facility for use in or for the
primary benefit of intercity passenger rail service;
``(ii) expenses incidental to that acquisition or
construction (including expenses for designing,
engineering, location surveying, mapping, environmental
studies, and acquisition of rights-of-way);
``(iii) payments for the capital portions of rail
trackage rights agreements;
``(iv) highway-rail grade crossing improvements
relating to intercity passenger rail service;
``(v) security;
``(vi) mitigation of environmental impacts;
``(vii) communication and signalization
improvements;
``(viii) relocation assistance;
``(ix) acquisition of replacement housing sites;
and
``(x) acquisition, construction, relocation, and
rehabilitation of replacement housing;
``(B) rehabilitating, remanufacturing, or
overhauling rail rolling stock and facilities used
primarily in intercity passenger rail service; and
``(C) costs associated with developing State rail
plans;
``(3) sidewalks, crosswalks, bicycle paths, greenways,
pedestrian signals, pavement marking, traffic calming
techniques, modification of public sidewalks (including
projects to achieve compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and other
strategies to encourage pedestrian and bike travel;
``(4) additional freight rail capacity, particularly if the
capacity--
``(A) relieves a freight bottleneck designated by
the Secretary as causing poor on-time performance for
intercity rail passenger trains; or
``(B) expands intercity or commuter rail capacity;
``(5) carpool, vanpool, or car-share projects;
``(6) updates to zoning and other land use regulations and
plans--
``(A) to coordinate with local, regional, and State
plans; or
``(B) to support infill, transit-oriented
development, or mixed-use development;
``(7) improvements in--
``(A) travel and land-use data collection; and
``(B) travel models to better measure greenhouse
gas emissions and emission reductions; or
``(8) the transportation control measures described in
clauses (i) through (xv) of section 108(f)(1)(A), or section
211, of the Clean Air Act (42 U.S.C. 7408(f)(1)(A), 7545).
``(c) Submission and Updating.--Each Plan shall be--
``(1) submitted to the Secretary not later than 2 years
after the date of enactment of this chapter; and
``(2) updated every 4 years thereafter, including with
analysis regarding achievement of the goals of the Plan.
``(d) Certification.--
``(1) In general.--Subject to section 6306(b), not later
than 180 days after the date of submission of a Plan under
subsection (c)(1), the Secretary, in consultation with the
Administrator, shall determine and certify whether--
``(A) the Plan is likely to achieve the goal
established by the State or MPO, as the case may be,
under subsection (a); and
``(B) the development of the plan has complied with
subsection (e).
``(2) Previously developed plans.--If a State or MPO
develops a plan to reduce greenhouse gas emissions from the
transportation sector before the date of enactment of this
chapter, the State or MPO shall not be eligible to receive a
distribution of funds under section 6308 unless the Secretary,
in consultation with the Administrator, first determines and
certifies that the plan meets the requirements of this chapter.
``(e) Public Involvement, Coordination, and Consultation.--Each
Plan shall be developed--
``(1) using transportation and economic development
scenario analysis and strong public and stakeholder
involvement, including--
``(A) public comment periods;
``(B) scenario planning;
``(C) the most recent models; and
``(D) public charrettes;
``(2) with strong regional coordination, including between
each MPO and the State in which the MPO is located and with
other MPOs located within that State; and
``(3) in consultation with State and local housing,
economic development, land use, environmental, and
transportation agencies.
``(f) Incorporation of MPO Plans.--Each State shall incorporate,
without modification, into the Plan of the State the final Plans of
MPOs located within the State.
``Sec. 6305. Study
``To maximize greenhouse gas emission reductions from the
transportation sector, the Secretary and the Administrator shall enter
into an arrangement with the Transportation Research Board of the
National Academy of Sciences under which that Board shall submit to the
Administrator and the Secretary, not later than 1 year after the date
of enactment of this chapter, a report containing recommendations--
``(1) for use in improving research and tools to assess the
effect of transportation plans and land use plans on motor
vehicle use rates and transportation sector greenhouse gas
emissions;
``(2) for use in improving Federal Government data sources
that are necessary to assess greenhouse gas emission data from
the transportation sector for use in developing Plans; and
``(3) regarding policies to effectively reduce greenhouse
gas emissions from the transportation sector.
``Sec. 6306. Technical standards
``(a) In General.--Not later than 2 years after the date of
enactment of this chapter, based on any recommendations contained in
the reports submitted under paragraphs (1) and (2) of section 6305, and
every 5 years thereafter, the Secretary, in consultation with the
Administrator, shall establish or update, as appropriate, standards for
transportation data collection, monitoring, planning, and modeling.
``(b) Effect on Certification.--The Secretary shall not certify any
Plan under section 6304(d) until such time as standards for
transportation data collection, monitoring, planning, and modeling are
established under subsection (a).
``Sec. 6307. Report
``Not later than 5 years after the date of enactment of this
chapter, and every 5 years thereafter, the Administrator shall submit
to the committees of the Senate and the House of Representatives having
jurisdiction over transportation and climate change a report that
describes--
``(1) the aggregate reduction in greenhouse gas emissions
from the transportation sector expected as a result of the
development and implementation of the Plans;
``(2) the impact of other Federal policies and programs on
this chapter;
``(3) changes to Federal law that could improve the
performance of the Plans; and
``(4) regulatory changes planned to improve the performance
of the Plans.
``Sec. 6308. Funding
``(a) Development and Updating of Plans.--The Secretary shall use 5
percent of the funds deposited in the Fund for each fiscal year to
support the development and updating of Plans under section 6304.
``(b) Implementation of Plans.--
``(1) In general.--The Secretary shall use 10 percent of
the funds deposited in the Fund for each fiscal year--
``(A) to support the implementation of Plans; and
``(B) to fund the projects described in Plans as
being necessary to meet the goals established by the
States or MPOs submitting the Plans.
``(2) Formula.--The Secretary, in coordination with the
Administrator, shall establish and regularly update a formula
for the distribution of funds in accordance with paragraph (1)
that--
``(A) reflects the expected per capita reduction in
greenhouse gas emissions expected as a result of
implementation of each Plan certified under section
6304(d);
``(B) ensures that at least 50 percent of the funds
are used to implement Plans certified under section
6304(d) that are developed by MPOs;
``(C) emphasizes Plans that increase transportation
options and mobility, particularly for low-income
individuals, minorities, the elderly, zero-car
households, and the disabled; and
``(D) during the first 5 years after the date of
enactment of this chapter, takes into consideration
reductions in greenhouse gas emissions achieved by
States and MPOs under Plans certified under section
6304(d).
``(3) Cost-sharing.--The Federal share of a project
described in paragraph (1)(B) that is carried out using funds
made available under this section shall be 80 percent.''.
(b) Conforming Amendment.--The analysis for subtitle III of title
49, United States Code, is amended by inserting after the item relating
to chapter 61 the following:
``CHAPTER 63--Transportation Alternatives
``Sec.
``6301. Definitions.
``6302. Fund.
``6303. Auctioning.
``6304. Plans.
``6305. Study.
``6306. Technical standards.
``6307. Report.
``6308. Funding.''.
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Clean, Low-Emission, Affordable, New Transportation Efficiency Act - Establishes the Low Greenhouse Gas Transportation Fund. Requires the Administrator of the Environmental Protection Agency (EPA), for each of calendar 2012-2050, to auction 10 of emission allowances established under any EPA program providing for the reduction of greenhouse gas emissions and the auctioning of emission allowances. Requires deposit of auction proceeds into the Fund to implement state and metropolitan planning organization (MPO) greenhouse gas emission reduction plans, and provide funding to transit projects that help reduce such emissions. Requires states and MPOs to: (1) establish goals for reducing greenhouse gas emissions from the transportation sector for the next 10 years. And (2) develop transportation greenhouse gas emission reduction plans, updated quadrennially, including supporting lists of prioritized transit projects, that are integrated into state and MPO long-range transportation and transportation improvement plans. Directs the Secretary of Transportation and the EPA Administrator to arrange with the Transportation Research Board of the National Academy of Sciences to study and report recommendations for improving research tools and federal data sources necessary to assess the effect of transportation and land use plans on motor vehicle use rates and transportation sector greenhouse gas emissions.
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A bill to amend title 49, United States Code, to require States and metropolitan planning organizations to develop transportation greenhouse gas reduction plans to reduce greenhouse gas emissions from the transportation sector, and for other purposes.
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Clean, Low-Emission, Affordable, New Transportation Efficiency Act". <SECTION-HEADER> TRANSPORTATION ALTERNATIVES. In General. Subtitle III of title 49, United States Code, is amended by adding at the end the following: "CHAPTER 63 TRANSPORTATION ALTERNATIVES "Section 6301. Definitions "In this chapter: Administrator. The term `Administrator' means Administrator of the Environmental Protection Agency. Charrette. The term `charrette' means a open, collaborative design session held over the course of 2 or more days that includes participation by stakeholders and the public. That involves a collaborative process with a series of short feedback loops. And the purpose of which is to produce 2 or more feasible Plans. Fund. The term `Fund' means the Low Greenhouse Gas Transportation Fund established by section 6302(a)(1). Intercity passenger rail service. In general. The term `intercity passenger rail service' has the meaning given the term `intercity rail passenger transportation' in section 24102. Inclusion. The term `intercity passenger rail service' includes high-speed rail service. MPO. The term `MPO' means a metropolitan planning organization designated under section 134(b) of title 23 that, as of the most recent decennial census, represents more than 200,000 individuals. Plan. The term `Plan' means a transportation greenhouse gas reduction plan covering a period of at least 10 years developed under section 6304(a). Scenario analysis. The term `scenario analysis' means an analysis that is conducted by identifying different trends and making projections based on those trends to develop a range of scenarios and estimates of how each scenario could improve mobility and affect rates of vehicle miles traveled, use of petroleum-derived transportation fuel. And greenhouse gas emissions from the transportation sector. State. The term `State' means a State, the District of Columbia. And the Commonwealth of Puerto Rico. "Section 6302. Fund Establishment. There is established in the Treasury of the United States a fund to be known as the `Low Greenhouse Gas Transportation Fund', consisting of such amounts as are deposited in the Fund under section 6303(c). Expenditures From Fund. In general. Subject to section 6303(c), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide assistance for use in implementing projects under Plans developed under section 6308(b). Administrative expenses. An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act. Transfers of Amounts. In general. The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. Adjustments. Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. "Section 6303. Auctioning In General. For each of calendar years 2012 through 2050, the Administrator shall auction 10 percent of the emission allowances established for each of those calendar years under any program in effect providing for the regulation of greenhouse gas emissions and the auctioning of emission allowances that is administered by the Administrator. Timing. The auctions required for each calendar year specified in paragraph (1) shall be conducted over the course of at least 4 sessions, spaced evenly over a period beginning 330 days before, and ending 60 days after, the beginning of each such calendar year. Deposit of Proceeds. The Administrator shall deposit in the Fund the proceeds from each auction conducted under this section. "Section 6304. Plans Goal. Each State and MPO shall establish the goal of reducing greenhouse gas emissions from the transportation sector during the 10 years following the date of enactment of this chapter through the increase in mobility options, the reduction of vehicle miles traveled. And the use of petroleum-derived transportation fuel. Development of Plans. Each State and MPO shall develop a transportation greenhouse gas reduction plan, and a prioritized list of projects the support the plan, that are integrated into the long-range transportation and transportation improvement plans of the State or MPO to work toward achieving the goal established by the State or MPO under subsection (a) through investment in new transit projects eligible for assistance under chapter 53. An intercity passenger rail project for (i) the acquisition, construction, improvement, or inspection of equipment, track and track structures, or a facility for use in or for the primary benefit of intercity passenger rail service, expenses incidental to that acquisition or construction, payments for the capital portions of rail trackage rights agreements, highway-rail grade crossing improvements relating to intercity passenger rail service, security, mitigation of environmental impacts, communication and signalization improvements, relocation assistance, acquisition of replacement housing sites, and acquisition, construction, relocation, and rehabilitation of replacement housing. Rehabilitating, remanufacturing, or overhauling rail rolling stock and facilities used primarily in intercity passenger rail service, and costs associated with developing State rail plans. Sidewalks, crosswalks, bicycle paths, greenways, pedestrian signals, pavement marking, traffic calming techniques, modification of public sidewalks (including projects to achieve compliance with the Americans with Disabilities Act of 1990 , and other strategies to encourage pedestrian and bike travel. Additional freight rail capacity, particularly if the capacity relieves a freight bottleneck designated by the Secretary as causing poor on-time performance for intercity rail passenger trains, or expands intercity or commuter rail capacity, carpool, vanpool, or car-share projects. Updates to zoning and other land use regulations and plans to coordinate with local, regional, and State plans, or to support infill, transit-oriented development, or mixed-use development, improvements in travel and land-use data collection. And travel models to better measure greenhouse gas emissions and emission reductions. Or the transportation control measures described in clauses (i) through (xv) of section 108(f)(1)(A), or section 211, of the Clean Air Act (42 USC. 7408(f)(1). Submission and Updating. Each Plan shall be submitted to the Secretary not later than 2 years after the date of enactment of this chapter. And updated every 4 years thereafter, including with analysis regarding achievement of the goals of the Plan. Certification. In general. Subject to section 6306(b), not later than 180 days after the date of submission of a Plan under subsection (c)(1), the Secretary, in consultation with the Administrator, shall determine and certify whether the Plan is likely to achieve the goal established by the State or MPO, as the case may be, under subsection (a). And the development of the plan has complied with subsection (e). Previously developed plans. If a State or MPO develops a plan to reduce greenhouse gas emissions from the transportation sector before the date of enactment of this chapter, the State or MPO shall not be eligible to receive a distribution of funds under section 6308 unless the Secretary, in consultation with the Administrator, first determines and certifies that the plan meets the requirements of this chapter. Public Involvement, Coordination, and Consultation. Each Plan shall be developed using transportation and economic development scenario analysis and strong public and stakeholder involvement, including public comment periods, scenario planning, the most recent models, and public charrettes. With strong regional coordination, including between each MPO and the State in which the MPO is located and with other MPOs located within that State. And in consultation with State and local housing, economic development, land use, environmental, and transportation agencies. Incorporation of MPO Plans. Each State shall incorporate, without modification, into the Plan of the State the final Plans of MPOs located within the State. "Section 6305. Study "To maximize greenhouse gas emission reductions from the transportation sector, the Secretary and the Administrator shall enter into an arrangement with the Transportation Research Board of the National Academy of Sciences under which that Board shall submit to the Administrator and the Secretary, not later than 1 year after the date of enactment of this chapter, a report containing recommendations for use in improving research and tools to assess the effect of transportation plans and land use plans on motor vehicle use rates and transportation sector greenhouse gas emissions. For use in improving Federal Government data sources that are necessary to assess greenhouse gas emission data from the transportation sector for use in developing Plans. And regarding policies to effectively reduce greenhouse gas emissions from the transportation sector. "Section 6306. Technical standards In General. Not later than 2 years after the date of enactment of this chapter, based on any recommendations contained in the reports submitted under paragraphs (1) and (2) of section 6305, and every 5 years thereafter, the Secretary, in consultation with the Administrator, shall establish or update, as appropriate, standards for transportation data collection, monitoring, planning, and modeling. Effect on Certification. The Secretary shall not certify any Plan under section 6304(d) until such time as standards for transportation data collection, monitoring, planning, and modeling are established under subsection (a). "Section 6307. Report "Not later than 5 years after the date of enactment of this chapter, and every 5 years thereafter, the Administrator shall submit to the committees of the Senate and the House of Representatives having jurisdiction over transportation and climate change a report that describes the aggregate reduction in greenhouse gas emissions from the transportation sector expected as a result of the development and implementation of the Plans. The impact of other Federal policies and programs on this chapter. Changes to Federal law that could improve the performance of the Plans. And regulatory changes planned to improve the performance of the Plans. "Section 6308. Funding Development and Updating of Plans. The Secretary shall use 5 percent of the funds deposited in the Fund for each fiscal year to support the development and updating of Plans under section 6304. Implementation of Plans. In general. The Secretary shall use 10 percent of the funds deposited in the Fund for each fiscal year to support the implementation of Plans. And to fund the projects described in Plans as being necessary to meet the goals established by the States or MPOs submitting the Plans. Formula. The Secretary, in coordination with the Administrator, shall establish and regularly update a formula for the distribution of funds in accordance with paragraph (1) that reflects the expected per capita reduction in greenhouse gas emissions expected as a result of implementation of each Plan certified under section 6304(d). Ensures that at least 50 percent of the funds are used to implement Plans certified under section 6304(d) that are developed by MPOs. Emphasizes Plans that increase transportation options and mobility, particularly for low-income individuals, minorities, the elderly, zero-car households, and the disabled. And during the first 5 years after the date of enactment of this chapter, takes into consideration reductions in greenhouse gas emissions achieved by States and MPOs under Plans certified under section 6304(d). Cost-sharing. The Federal share of a project described in paragraph (1)(B) that is carried out using funds made available under this section shall be 80 percent.". Conforming Amendment. The analysis for subtitle III of title 49, United States Code, is amended by inserting after the item relating to chapter 61 the following: "CHAPTER 63 Transportation Alternatives "Section "6301. Definitions. "6302. Fund. "6303. Auctioning. "6304. Plans. "6305. Study. "6306. Technical standards. "6307. Report. "6308. Funding.".
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Clean, Low-Emission, Affordable, New Transportation Efficiency Act - Establishes the Low Greenhouse Gas Transportation Fund. Requires the Administrator of the Environmental Protection Agency (EPA), for each of calendar 2012-2050, to auction 10 of emission allowances established under any EPA program providing for the reduction of greenhouse gas emissions and the auctioning of emission allowances. Requires deposit of auction proceeds into the Fund to implement state and metropolitan planning organization (MPO) greenhouse gas emission reduction plans, and provide funding to transit projects that help reduce such emissions. Requires states and MPOs to: (1) establish goals for reducing greenhouse gas emissions from the transportation sector for the next 10 years. And (2) develop transportation greenhouse gas emission reduction plans, updated quadrennially, including supporting lists of prioritized transit projects, that are integrated into state and MPO long-range transportation and transportation improvement plans. Directs the Secretary of Transportation and the EPA Administrator to arrange with the Transportation Research Board of the National Academy of Sciences to study and report recommendations for improving research tools and federal data sources necessary to assess the effect of transportation and land use plans on motor vehicle use rates and transportation sector greenhouse gas emissions.
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A bill to amend title 49, United States Code, to require States and metropolitan planning organizations to develop transportation greenhouse gas reduction plans to reduce greenhouse gas emissions from the transportation sector, and for other purposes.
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111_hr437
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Madera Water Supply Enhancement
Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) District.--The term ``District'' means the Madera
Irrigation District, Madera, California.
(2) Project.--The term ``Project'' means the Madera Water
Supply Enhancement Project, a groundwater bank on the 13,646-
acre Madera Ranch in Madera, California, owned, operated,
maintained, and managed by the District that will plan, design,
and construct recharge, recovery, and delivery systems able to
store up to 250,000 acre-feet of water and recover up to 55,000
acre-feet of water per year, as substantially described in the
California Environmental Quality Act, Final Environmental
Impact Report for the Madera Irrigation District Water Supply
Enhancement Project, September 2005.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the United States Department of the Interior.
(4) Total cost.--The term ``total cost''means all
reasonable costs, such as the planning, design, permitting, and
construction of the Project and the acquisition costs of lands
used or acquired by the District for the Project.
SEC. 3. PROJECT FEASIBILITY.
(a) Project Feasible.--Pursuant to the Reclamation Act of 1902 (32
Stat. 388) and Acts amendatory thereof and supplemental thereto, the
Project is feasible and no further studies or actions regarding
feasibility are necessary.
(b) Applicability of Other Laws.--The Secretary shall implement the
authority provided in this Act in accordance with all applicable
Federal laws, including the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (7
U.S.C. 136; 16 U.S.C. 460 et seq.).
SEC. 4. COOPERATIVE AGREEMENT.
All final planning and design and the construction of the Project
authorized by this Act shall be undertaken in accordance with a
cooperative agreement between the Secretary and the District for the
Project. Such cooperative agreement shall set forth in a manner
acceptable to the Secretary and the District the responsibilities of
the District for participating, which shall include--
(1) engineering and design;
(2) construction; and
(3) the administration of contracts pertaining to any of
the foregoing.
SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT
PROJECT.
(a) Authorization of Construction.--The Secretary, acting pursuant
to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388),
and Acts amendatory thereof or supplementary thereto, is authorized to
enter into a cooperative agreement through the Bureau of Reclamation
with the District for the support of the final design and construction
of the Project.
(b) Total Cost.--The total cost of the Project for the purposes of
determining the Federal cost share shall not exceed $90,000,000.
(c) Cost Share.--The Federal share of the capital costs of the
Project shall not exceed 25 percent of the total cost. Capital,
planning, design, permitting, construction, and land acquisition costs
incurred by the District prior to the date of the enactment of this Act
shall be considered a portion of the non-Federal cost share.
(d) Credit for Non-Federal Work.--The District shall receive credit
toward the non-Federal share of the cost of the Project for--
(1) in-kind services that the Secretary determines would
contribute substantially toward the completion of the project;
(2) reasonable costs incurred by the District as a result
of participation in the planning, design, permitting, and
construction of the Project; and
(3) the acquisition costs of lands used or acquired by the
District for the Project.
(e) Limitation.--The Secretary shall not provide funds for the
operation or maintenance of the Project authorized by this section. The
operation, ownership, and maintenance of the Project shall be the sole
responsibility of the District.
(f) Plans and Analyses Consistent With Federal Law.--Before
obligating funds for design or construction under this section, the
Secretary shall work cooperatively with the District to use, to the
extent possible, plans, designs, and engineering and environmental
analyses that have already been prepared by the District for the
Project. The Secretary shall ensure that such information as is used is
consistent with applicable Federal laws and regulations.
(g) Title; Responsibility; Liability.--Nothing in this section or
the assistance provided under this section shall be construed to
transfer title, responsibility, or liability related to the Project to
the United States.
(h) Authorization of Appropriation.--There is authorized to be
appropriated to the Secretary to carry out this Act $22,500,000 or 25
percent of the total cost of the Project, whichever is less.
SEC. 6. SUNSET.
The authority of the Secretary to carry out any provisions of this
Act shall terminate 10 years after the date of the enactment of this
Act.
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Madera Water Supply Enhancement Act - Declares that the Madera Water Supply Enhancement Project, California, is feasible and that no further studies or actions regarding feasibility are necessary. Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary of the Interior and the Madera Irrigation District. Authorizes the Secretary to enter into a cooperative agreement for the support of Project design and construction. Limits: (1) the total cost of the Project for purposes of determining the federal share. And (2) the federal share of Project capital costs. Considers capital, planning, design, permitting, construction, and land acquisition costs incurred by the District prior to this Act's enactment to be part of the nonfederal share. Requires the District to receive credit toward the nonfederal share for: (1) in-kind services that the Secretary determines would contribute substantially toward completion of the Project. (2) reasonable costs incurred from participation in the planning, design, permitting, and construction of the Project. And (3) the acquisition costs of lands used or acquired for the Project. Prohibits the Secretary from providing funds for operation or maintenance. Makes Project operation, ownership, and maintenance the sole responsibility of the District. Directs the Secretary, before obligating funds, to work cooperatively with the District to use plans, designs, and engineering and environmental analyses that have already been prepared by the District. Authorizes appropriations. Terminates the Secretary's authority to carry out this Act 10 years after its enactment.
|
To authorize the Secretary of the Interior, acting through the Bureau of Reclamation to enter into a cooperative agreement with the Madera Irrigation District for purposes of supporting the Madera Water Supply Enhancement Project.
| 5,329
| 1,698
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Madera Water Supply Enhancement Act". <SECTION-HEADER> DEFINITIONS. For the purposes of this Act: District. The term "District" means the Madera Irrigation District, Madera, California. Project. The term "Project" means the Madera Water Supply Enhancement Project, a groundwater bank on the 13,646- acre Madera Ranch in Madera, California, owned, operated, maintained, and managed by the District that will plan, design, and construct recharge, recovery, and delivery systems able to store up to 250,000 acre-feet of water and recover up to 55,000 acre-feet of water per year, as substantially described in the California Environmental Quality Act, Final Environmental Impact Report for the Madera Irrigation District Water Supply Enhancement Project, September 2005. Secretary. The term "Secretary" means the Secretary of the United States Department of the Interior. Total cost. The term "total cost"means all reasonable costs, such as the planning, design, permitting, and construction of the Project and the acquisition costs of lands used or acquired by the District for the Project. <SECTION-HEADER> PROJECT FEASIBILITY. Project Feasible. Pursuant to the Reclamation Act of 1902 and Acts amendatory thereof and supplemental thereto, the Project is feasible and no further studies or actions regarding feasibility are necessary. Applicability of Other Laws. The Secretary shall implement the authority provided in this Act in accordance with all applicable Federal laws, including the National Environmental Policy Act of 1969 and the Endangered Species Act of 1973 . <SECTION-HEADER> COOPERATIVE AGREEMENT. All final planning and design and the construction of the Project authorized by this Act shall be undertaken in accordance with a cooperative agreement between the Secretary and the District for the Project. Such cooperative agreement shall set forth in a manner acceptable to the Secretary and the District the responsibilities of the District for participating, which shall include engineering and design, construction. And the administration of contracts pertaining to any of the foregoing. <SECTION-HEADER> AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT PROJECT. Authorization of Construction. The Secretary, acting pursuant to the Federal reclamation laws , and Acts amendatory thereof or supplementary thereto, is authorized to enter into a cooperative agreement through the Bureau of Reclamation with the District for the support of the final design and construction of the Project. Total Cost. The total cost of the Project for the purposes of determining the Federal cost share shall not exceed $90,000,000. Cost Share. The Federal share of the capital costs of the Project shall not exceed 25 percent of the total cost. Capital, planning, design, permitting, construction, and land acquisition costs incurred by the District prior to the date of the enactment of this Act shall be considered a portion of the non-Federal cost share. Credit for Non-Federal Work. The District shall receive credit toward the non-Federal share of the cost of the Project for in-kind services that the Secretary determines would contribute substantially toward the completion of the project. Reasonable costs incurred by the District as a result of participation in the planning, design, permitting, and construction of the Project. And the acquisition costs of lands used or acquired by the District for the Project. Limitation. The Secretary shall not provide funds for the operation or maintenance of the Project authorized by this section. The operation, ownership, and maintenance of the Project shall be the sole responsibility of the District. Plans and Analyses Consistent With Federal Law. Before obligating funds for design or construction under this section, the Secretary shall work cooperatively with the District to use, to the extent possible, plans, designs, and engineering and environmental analyses that have already been prepared by the District for the Project. The Secretary shall ensure that such information as is used is consistent with applicable Federal laws and regulations. Title, Responsibility. Liability. Nothing in this section or the assistance provided under this section shall be construed to transfer title, responsibility, or liability related to the Project to the United States. Authorization of Appropriation. There is authorized to be appropriated to the Secretary to carry out this Act $22,500,000 or 25 percent of the total cost of the Project, whichever is less. <SECTION-HEADER> SUNSET. The authority of the Secretary to carry out any provisions of this Act shall terminate 10 years after the date of the enactment of this Act.
|
Madera Water Supply Enhancement Act - Declares that the Madera Water Supply Enhancement Project, California, is feasible and that no further studies or actions regarding feasibility are necessary. Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary of the Interior and the Madera Irrigation District. Authorizes the Secretary to enter into a cooperative agreement for the support of Project design and construction. Limits: (1) the total cost of the Project for purposes of determining the federal share. And (2) the federal share of Project capital costs. Considers capital, planning, design, permitting, construction, and land acquisition costs incurred by the District prior to this Act's enactment to be part of the nonfederal share. Requires the District to receive credit toward the nonfederal share for: (1) in-kind services that the Secretary determines would contribute substantially toward completion of the Project. (2) reasonable costs incurred from participation in the planning, design, permitting, and construction of the Project. And (3) the acquisition costs of lands used or acquired for the Project. Prohibits the Secretary from providing funds for operation or maintenance. Makes Project operation, ownership, and maintenance the sole responsibility of the District. Directs the Secretary, before obligating funds, to work cooperatively with the District to use plans, designs, and engineering and environmental analyses that have already been prepared by the District. Authorizes appropriations. Terminates the Secretary's authority to carry out this Act 10 years after its enactment.
|
To authorize the Secretary of the Interior, acting through the Bureau of Reclamation to enter into a cooperative agreement with the Madera Irrigation District for purposes of supporting the Madera Water Supply Enhancement Project.
|
108_s2032
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghan Women Security and Freedom
Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Taliban regime denied women in Afghanistan the most
basic human rights, including the rights to work, to an
education, to health care, and to move freely.
(2) The Taliban regime subjected any women who attempted to
exercise her human rights to beatings and imprisonment and
women in Afghanistan who lived under the Taliban regime suffer
from long-term consequences of such oppression.
(3) According to the Afghan Ministry of Women's Affairs, as
a result of 23 years of war and the restrictions imposed by the
Taliban after the war ended, most women in Afghanistan do not
have adequate food, access to health care, or opportunities for
education, employment, or economic livelihood, and such women
have experienced violence to themselves or their families.
(4) Women in Afghanistan have one of the highest mortality
rates in the world, with an estimated 16,000 maternal deaths
annually.
(5) The strengthening of institutions and non-governmental
organizations that are led by women in Afghanistan is essential
to building civil society and holding the Government of
Afghanistan accountable for protecting women's rights and human
rights.
(6) It is necessary for significant numbers of women to
hold positions within the Government of Afghanistan, including
in the cabinet, the Loya Jirga, government commissions, and
other key posts, and to hold official positions within United
Nations agencies working in Afghanistan to foster democracy and
protect the rights of women in Afghanistan.
(7) Despite the collapse of the Taliban regime in
Afghanistan in 2001, warlords and the Taliban are reorganizing
and reemerging in Afghanistan, imperiling the stability of the
central government, the security of the people, and the
exercise of human rights by women.
(8) The United Nations Secretary-General's Special
Representative to Afghanistan said that the deteriorating
security situation in Afghanistan may force a delay in
elections in Afghanistan and that expansion of international
peacekeeping forces is necessary to make fair, democratic voter
registration and elections possible.
(9) In January 2004, the Government of Afghanistan adopted
a new constitution that includes basic rights for women, but
enforcement of the provisions of the constitution will be
difficult unless security in Afghanistan is dramatically
improved.
(10) Despite the fact that violations of human rights and
women's rights continue with impunity in Afghanistan,
Provincial Reconstruction Teams composed of United States
military forces, Department of Defense civil affairs officers,
representatives of United States agencies and allied personnel do not
have the authority needed to intervene to stop such violations.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the protection of the rights of women, the
reestablishment of democracy, and the elimination of terrorism
are essential to the reconstruction of a stable Afghanistan and
to achieve such a reconstruction the international community
should commit substantial resources, including the expansion of
international peacekeeping forces inside and outside of the
city of Kabul;
(2) the United States should provide strong support for the
Afghan Ministry of Women's Affairs and the Afghan Independent
Human Rights Commission, both of which were created by the Bonn
Agreement to remedy past violations of women's rights and human
rights and to establish institutions and programs to advance
such rights;
(3) the mandate of international peacekeeping forces and
Provincial Reconstruction Teams composed of United States
military forces, Department of Defense civil affairs officers,
representatives of United States agencies and allied personnel
should be authorized to intervene to stop violations of human
rights and women's rights;
(4) United States foreign policy should ensure that the
rights of women and girls are restored in Afghanistan, assist
in the recovery of women and girls from the repression of the
Taliban and 23 years of war, and strengthen Afghan institutions
that are led by women; and
(5) grants and assistance provided to Afghanistan should be
conditioned upon the Government of Afghanistan adhering to
international standards for women's rights and human rights.
SEC. 4. AUTHORIZATION FOR ASSISTANCE.
(a) Authority.--The President is authorized to provide assistance
for women and children in Afghanistan.
(b) Provision of Assistance.--Assistance under this section may be
provided directly to the Afghan Ministry of Women's Affairs, other
Afghan Government ministries, the Afghan Independent Human Rights
Commission, local and international nonprofit organizations, and United
Nations agencies.
(c) Categories of Assistance.--The assistance under this section
may be provide as grants, technical assistance, training, or in any
other form that the President determines is appropriate.
(d) Purposes.--Assistance under this section may be used for the
following purposes:
(1) Political and human rights.--Assistance under this
section is authorized to be used to promote women's rights and
human rights in Afghanistan, including women's political
participation and legal rights, including for the following
purposes:
(A) To provide assistance to the Afghan Ministry of
Women's Affairs, other ministries of the Government of
Afghanistan, and the Afghan Independent Human Rights
Commission for programs to advance the status of women.
(B) To disseminate information throughout
Afghanistan on the rights of women and on international
standards for human rights.
(C) To provide information and assistance to enable
women to exercise property, inheritance, and voting
rights, and to participate in relief programs.
(D) To provide, monitor, and investigate violations
of women's rights and to provide legal assistance to
women who have suffered violations of their rights.
(E) To provide training related to women's rights
and human rights to military, police, and legal
personnel.
(F) To build the infrastructure of the Afghan
Independent Human Rights Commission through the
construction of provincial and district offices.
(G) To enforce the provisions of the Afghan
constitution that ensure equal rights for women.
(H) To operate programs to encourage and facilitate
the registration of women voters.
(2) Health care.--Assistance under this section is
authorized to be used to provide health care for the people of
Afghanistan, including for the following purposes:
(A) To provide equipment, medical supplies, and
other assistance to health care facilities for the
purpose of reducing maternal and infant mortality and
morbidity.
(B) To train nurses, midwives, and traditional
birth attendants for the purposes of improving staffing
at clinics and hospitals, and expanding networks of
community health educators.
(C) To promote awareness about the health and
nutrition of women, and programs related to hygiene,
sanitation, and immunization.
(D) To develop, establish, and expand programs to
provide services to women and girls suffering from
post-traumatic stress, depression, and mental illness.
(E) To provide mobile health units that include
reproductive health programs and that are accessible to
women and girls who have been disabled due to landmines
or war-related injuries, including such women and girls
who are in wheelchairs.
(3) Education and training.--Assistance under this section
is authorized to be used to provide education and training to
the people of Afghanistan, including for the following
purposes:
(A) To establish, maintain, and expand primary and
secondary schools for girls that include mathematics,
science, and languages in their primary curriculum.
(B) To develop and expand technical and vocational
training programs for women to enable women who
participate in such programs to provide support for
themselves and their families.
(C) To develop, maintain, and expand literacy
programs, including economic literacy programs that
promote the well-being of women and their families.
(D) To provide special educational opportunities
for girls whose schooling was ended by the Taliban and
who now face obstacles to participating in the normal
education system, such as girls who are now married and
girls who are older than the normal age for their
classes.
(4) Security, protection, and shelter.--Assistance under
this section is authorized to be used to provide security,
protection, and shelter for the people of Afghanistan,
including for the following purposes:
(A) To develop and implement programs to protect
women and girls against sexual and physical abuse,
abduction, trafficking, exploitation, and sex
discrimination in the delivery of humanitarian supplies
and services.
(B) To direct humanitarian assistance to the large
population of widows and their children who are in need
in war-torn Afghanistan.
(C) To provide emergency shelters, food,
sanitation, health care, and other relief services to
internally displaced women and their families.
(D) To support the return of refugees and
internally displaced persons, the majority of whom are
women and children, to their home areas.
(E) To provide security measures, such as building
improvements and staffing, for the purpose of
preventing violent attacks to schools that educate
girls and to repair or replace equipment and facilities
of a school that is subject to such an attack.
(F) To improve security for women in the Loya Jirga
and for women who exercise their right to register to
vote and to participate in elections.
(G) To provide security for women's centers for the
purpose of enabling women to participate in meetings,
discussions, and programs regarding the constitution,
elections, and women's rights.
SEC. 5. SENSE OF CONGRESS ON THE PROVISIONS OF ASSISTANCE.
It is the sense of Congress that, in providing assistance under
this Act, the President should--
(1) condition the provision such assistance on the
recipient adhering to international standards for women's
rights and human rights;
(2) place a high priority on the provision of such
assistance to the Afghan Ministry of Women's Affairs, the
Afghan Independent Human Rights Commission, and other agencies
of the Government of Afghanistan that are able to implement
programs to improve the lives and advance the rights of women;
(3) place a high priority on the provision of such
assistance that will be used to provide to training and
capacity-building programs in Afghanistan;
(4) ensure that such assistance is distributed throughout
different regions of Afghanistan on the basis of need;
(5) place a high priority on the provision of such
assistance to non-governmental organizations in Afghanistan
that have demonstrated experience in delivering services to
Afghan women and children and that are--
(A) led by women; or
(B) located in Afghanistan; and
(6) ensure that of the assistance made available under this
Act in each fiscal year not less than 25 percent of such
assistance is provided to non-governmental organizations that
are--
(A) led by women; and
(B) located in Afghanistan.
SEC. 6. REPORTING REQUIREMENT.
(a) Requirement for Report.--Not less than once every 6 months, the
Secretary of State and the Administrator of the United States Agency
for International Development shall submit a report to the appropriate
congressional committees on the activities carried out under this Act.
Such report shall include the amount of assistance provided under this
Act to--
(1) the Afghan Ministry of Women's Affairs;
(2) other ministries of the Government of Afghanistan;
(3) the Afghan Independent Human Rights Commission;
(4) Afghan nonprofit organizations;
(5) international nonprofit organizations; and
(6) United Nations agencies.
(b) Initial Report.--The initial report required under subsection
(a) shall be submitted not later than 60 days after the date of
enactment of this Act.
(c) Termination of Requirement.--Subsection (a) shall be effective
during the 3 year period beginning on the date of enactment of this
Act.
(d) Appropriate Congressional Committees.--In this section the term
``appropriate congressional committees'' means the Committee on
Appropriations and the Committee on Foreign Relations of the Senate and
the Committee on Appropriations and the Committee on International
Relations of the House of Representatives.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There is authorized to be appropriated to the
President $300,000,000 for each of the fiscal years 2005, 2006, and
2007 to carry out the provisions of this Act, of which--
(1) $20,000,000 is authorized to be available to the Afghan
Ministry of Women's Affairs for each such fiscal year; and
(2) $10,000,000 is authorized to be available to the Afghan
Independent Human Rights Commission for each such fiscal year.
(b) Availability of Funds.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until expended.
|
Afghan Women Security and Freedom Act of 2004 - Expresses the sense of Congress that: (1) the international community should commit substantial resources, including peacekeeping forces, for protecting the rights of women, reestablishing democracy, and eliminating terrorism in Afghanistan. (2) the United States should strongly support the Afghan Ministry of Women's Affairs and the Afghan Independent Human Rights Commission. (3) international peacekeeping forces and reconstruction teams should be authorized to stop violations of human rights and women's rights. (4) US foreign policy should ensure restoration of the rights of women and girls in Afghanistan, assist in their recovery from the repression of the Taliban and prolonged warfare, and strengthen Afghan institutions led by women. And (5) assistance to Afghanistan should be conditioned on the Afghan Government's adherence to international standards for women's rights and human rights. Authorizes the President to provide assistance for women and children in Afghanistan for the purpose of promoting women's rights and human rights and providing health care, education, training, security, and shelter.
|
A bill to provide assistance and security for women and children in Afghanistan and for other purposes.
| 15,915
| 1,168
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Afghan Women Security and Freedom Act of 2004". <SECTION-HEADER> FINDINGS. Congress makes the following findings: The Taliban regime denied women in Afghanistan the most basic human rights, including the rights to work, to an education, to health care, and to move freely. The Taliban regime subjected any women who attempted to exercise her human rights to beatings and imprisonment and women in Afghanistan who lived under the Taliban regime suffer from long-term consequences of such oppression. According to the Afghan Ministry of Women's Affairs, as a result of 23 years of war and the restrictions imposed by the Taliban after the war ended, most women in Afghanistan do not have adequate food, access to health care, or opportunities for education, employment, or economic livelihood, and such women have experienced violence to themselves or their families. Women in Afghanistan have one of the highest mortality rates in the world, with an estimated 16,000 maternal deaths annually. The strengthening of institutions and non-governmental organizations that are led by women in Afghanistan is essential to building civil society and holding the Government of Afghanistan accountable for protecting women's rights and human rights. It is necessary for significant numbers of women to hold positions within the Government of Afghanistan, including in the cabinet, the Loya Jirga, government commissions, and other key posts, and to hold official positions within United Nations agencies working in Afghanistan to foster democracy and protect the rights of women in Afghanistan. Despite the collapse of the Taliban regime in Afghanistan in 2001, warlords and the Taliban are reorganizing and reemerging in Afghanistan, imperiling the stability of the central government, the security of the people, and the exercise of human rights by women. The United Nations Secretary-General's Special Representative to Afghanistan said that the deteriorating security situation in Afghanistan may force a delay in elections in Afghanistan and that expansion of international peacekeeping forces is necessary to make fair, democratic voter registration and elections possible. In January 2004, the Government of Afghanistan adopted a new constitution that includes basic rights for women, but enforcement of the provisions of the constitution will be difficult unless security in Afghanistan is dramatically improved. Despite the fact that violations of human rights and women's rights continue with impunity in Afghanistan, Provincial Reconstruction Teams composed of United States military forces, Department of Defense civil affairs officers, representatives of United States agencies and allied personnel do not have the authority needed to intervene to stop such violations. <SECTION-HEADER> SENSE OF CONGRESS. It is the sense of Congress that the protection of the rights of women, the reestablishment of democracy, and the elimination of terrorism are essential to the reconstruction of a stable Afghanistan and to achieve such a reconstruction the international community should commit substantial resources, including the expansion of international peacekeeping forces inside and outside of the city of Kabul. The United States should provide strong support for the Afghan Ministry of Women's Affairs and the Afghan Independent Human Rights Commission, both of which were created by the Bonn Agreement to remedy past violations of women's rights and human rights and to establish institutions and programs to advance such rights. The mandate of international peacekeeping forces and Provincial Reconstruction Teams composed of United States military forces, Department of Defense civil affairs officers, representatives of United States agencies and allied personnel should be authorized to intervene to stop violations of human rights and women's rights. United States foreign policy should ensure that the rights of women and girls are restored in Afghanistan, assist in the recovery of women and girls from the repression of the Taliban and 23 years of war, and strengthen Afghan institutions that are led by women. And grants and assistance provided to Afghanistan should be conditioned upon the Government of Afghanistan adhering to international standards for women's rights and human rights. <SECTION-HEADER> AUTHORIZATION FOR ASSISTANCE. Authority. The President is authorized to provide assistance for women and children in Afghanistan. Provision of Assistance. Assistance under this section may be provided directly to the Afghan Ministry of Women's Affairs, other Afghan Government ministries, the Afghan Independent Human Rights Commission, local and international nonprofit organizations, and United Nations agencies. Categories of Assistance. The assistance under this section may be provide as grants, technical assistance, training, or in any other form that the President determines is appropriate. Purposes. Assistance under this section may be used for the following purposes: Political and human rights. Assistance under this section is authorized to be used to promote women's rights and human rights in Afghanistan, including women's political participation and legal rights, including for the following purposes: To provide assistance to the Afghan Ministry of Women's Affairs, other ministries of the Government of Afghanistan, and the Afghan Independent Human Rights Commission for programs to advance the status of women. To disseminate information throughout Afghanistan on the rights of women and on international standards for human rights. To provide information and assistance to enable women to exercise property, inheritance, and voting rights, and to participate in relief programs. To provide, monitor, and investigate violations of women's rights and to provide legal assistance to women who have suffered violations of their rights. To provide training related to women's rights and human rights to military, police, and legal personnel. To build the infrastructure of the Afghan Independent Human Rights Commission through the construction of provincial and district offices. To enforce the provisions of the Afghan constitution that ensure equal rights for women. To operate programs to encourage and facilitate the registration of women voters. Health care. Assistance under this section is authorized to be used to provide health care for the people of Afghanistan, including for the following purposes: To provide equipment, medical supplies, and other assistance to health care facilities for the purpose of reducing maternal and infant mortality and morbidity. To train nurses, midwives, and traditional birth attendants for the purposes of improving staffing at clinics and hospitals, and expanding networks of community health educators. To promote awareness about the health and nutrition of women, and programs related to hygiene, sanitation, and immunization. To develop, establish, and expand programs to provide services to women and girls suffering from post-traumatic stress, depression, and mental illness. To provide mobile health units that include reproductive health programs and that are accessible to women and girls who have been disabled due to landmines or war-related injuries, including such women and girls who are in wheelchairs. Education and training. Assistance under this section is authorized to be used to provide education and training to the people of Afghanistan, including for the following purposes: To establish, maintain, and expand primary and secondary schools for girls that include mathematics, science, and languages in their primary curriculum. To develop and expand technical and vocational training programs for women to enable women who participate in such programs to provide support for themselves and their families. To develop, maintain, and expand literacy programs, including economic literacy programs that promote the well-being of women and their families. To provide special educational opportunities for girls whose schooling was ended by the Taliban and who now face obstacles to participating in the normal education system, such as girls who are now married and girls who are older than the normal age for their classes. Security, protection, and shelter. Assistance under this section is authorized to be used to provide security, protection, and shelter for the people of Afghanistan, including for the following purposes: To develop and implement programs to protect women and girls against sexual and physical abuse, abduction, trafficking, exploitation, and sex discrimination in the delivery of humanitarian supplies and services. To direct humanitarian assistance to the large population of widows and their children who are in need in war-torn Afghanistan. To provide emergency shelters, food, sanitation, health care, and other relief services to internally displaced women and their families. To support the return of refugees and internally displaced persons, the majority of whom are women and children, to their home areas. To provide security measures, such as building improvements and staffing, for the purpose of preventing violent attacks to schools that educate girls and to repair or replace equipment and facilities of a school that is subject to such an attack. To improve security for women in the Loya Jirga and for women who exercise their right to register to vote and to participate in elections. To provide security for women's centers for the purpose of enabling women to participate in meetings, discussions, and programs regarding the constitution, elections, and women's rights. <SECTION-HEADER> SENSE OF CONGRESS ON THE PROVISIONS OF ASSISTANCE. It is the sense of Congress that, in providing assistance under this Act, the President should condition the provision such assistance on the recipient adhering to international standards for women's rights and human rights. Place a high priority on the provision of such assistance to the Afghan Ministry of Women's Affairs, the Afghan Independent Human Rights Commission, and other agencies of the Government of Afghanistan that are able to implement programs to improve the lives and advance the rights of women. Place a high priority on the provision of such assistance that will be used to provide to training and capacity-building programs in Afghanistan. Ensure that such assistance is distributed throughout different regions of Afghanistan on the basis of need. Place a high priority on the provision of such assistance to non-governmental organizations in Afghanistan that have demonstrated experience in delivering services to Afghan women and children and that are led by women, or located in Afghanistan. And ensure that of the assistance made available under this Act in each fiscal year not less than 25 percent of such assistance is provided to non-governmental organizations that are led by women. And located in Afghanistan. <SECTION-HEADER> REPORTING REQUIREMENT. Requirement for Report. Not less than once every 6 months, the Secretary of State and the Administrator of the United States Agency for International Development shall submit a report to the appropriate congressional committees on the activities carried out under this Act. Such report shall include the amount of assistance provided under this Act to the Afghan Ministry of Women's Affairs, other ministries of the Government of Afghanistan, the Afghan Independent Human Rights Commission, Afghan nonprofit organizations, international nonprofit organizations. And United Nations agencies. Initial Report. The initial report required under subsection shall be submitted not later than 60 days after the date of enactment of this Act. Termination of Requirement. Subsection (a) shall be effective during the 3 year period beginning on the date of enactment of this Act. Appropriate Congressional Committees. In this section the term "appropriate congressional committees" means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. Authorization. There is authorized to be appropriated to the President $300,000,000 for each of the fiscal years 2005, 2006, and 2007 to carry out the provisions of this Act, of which $20,000,000 is authorized to be available to the Afghan Ministry of Women's Affairs for each such fiscal year. And $10,000,000 is authorized to be available to the Afghan Independent Human Rights Commission for each such fiscal year. Availability of Funds. Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.
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Afghan Women Security and Freedom Act of 2004 - Expresses the sense of Congress that: (1) the international community should commit substantial resources, including peacekeeping forces, for protecting the rights of women, reestablishing democracy, and eliminating terrorism in Afghanistan. (2) the United States should strongly support the Afghan Ministry of Women's Affairs and the Afghan Independent Human Rights Commission. (3) international peacekeeping forces and reconstruction teams should be authorized to stop violations of human rights and women's rights. (4) US foreign policy should ensure restoration of the rights of women and girls in Afghanistan, assist in their recovery from the repression of the Taliban and prolonged warfare, and strengthen Afghan institutions led by women. And (5) assistance to Afghanistan should be conditioned on the Afghan Government's adherence to international standards for women's rights and human rights. Authorizes the President to provide assistance for women and children in Afghanistan for the purpose of promoting women's rights and human rights and providing health care, education, training, security, and shelter.
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A bill to provide assistance and security for women and children in Afghanistan and for other purposes.
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112_hr2036
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Alternative Fuels Act of
2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States needs short- and long-term policies
designed--
(A) to eliminate the reliance of the United States
on foreign energy sources;
(B) to create jobs in the United States; and
(C) to harness all of the energy resources of the
United States;
(2) promoting the energy security of the United States can
be achieved by leveraging all domestic energy resources,
including--
(A) traditional fossil fuels;
(B) alternative energy resources; and
(C) renewable energy; and
(3) the United States needs to adopt policies that would
foster a more sustainable domestic energy supply that would--
(A) decrease risks to national security;
(B) lower domestic energy prices;
(C) reduce trade deficits; and
(D) create jobs in the United States.
SEC. 3. REPEAL OF UNNECESSARY BARRIERS TO DOMESTIC FUEL PRODUCTION.
(a) In General.--Section 526 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17142) is repealed.
(b) Conforming Amendment.--Section 1112 of the National Aeronautics
and Space Administration Authorization Act of 2008 (42 U.S.C. 17827) is
repealed.
SEC. 4. TRANSPARENCY FOR DELAYED LOAN GUARANTEE APPLICATIONS.
Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is
amended by adding at the end the following:
``(l) Reporting Requirement.--
``(1) In general.--If the Secretary fails to make a final
decision by the date that is 270 days after the date on which
the Secretary selects an application to proceed to negotiations
of terms and conditions for issuance of a conditional
commitment for a loan guarantee application under this title
for a substitute natural gas, chemical feedstock, or liquid
transportation fuel project, not later than 7 days after that
date, and for every 90-day period thereafter, the Secretary
shall--
``(A) prepare a status report for the period
covered by the report; and
``(B) submit the status report to--
``(i) the Committee on Energy and Natural
Resources of the Senate; and
``(ii) the Committee on Energy and Commerce
of the House of Representatives.
``(2) Contents.--The status report described in paragraph
(1) shall contain--
``(A) a description of each reason for the delay of
the application;
``(B) the name and office of the official who, for
the period covering the status report, has reviewed the
application; and
``(C) a detailed schedule for completion of the
application review.''.
SEC. 5. ALGAE-BASED FUEL INCENTIVES.
Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B))
is amended by adding at the end the following:
``(vi) Algae-based fuel incentives.--For
purposes of calculating the applicable volume
of renewable fuel under clauses (i) and (ii)
for each calendar year, the Administrator shall
consider each gallon of renewable biomass
produced from algae to be equal to 3 gallons of
renewable fuel if the algae-based fuel was
produced using carbon dioxide that was captured
in a manner that prevented the uncontrolled
release of carbon dioxide into the atmosphere
during a separate energy production process.''.
SEC. 6. LOAN GUARANTEES.
Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C.
16513(b)) is amended by adding at the end the following:
``(11) Substitute natural gas production facilities, if the
gas is produced--
``(A) from a solid feedstock through a gasification
process; and
``(B) in a manner that captures at least 90 percent
of the carbon produced through the gasification
process.''.
SEC. 7. MULTIYEAR CONTRACT AUTHORITY FOR DEPARTMENT OF DEFENSE FOR
PROCUREMENT OF ALTERNATIVE FUELS.
(a) Multiyear Contracts for the Procurement of Alternative Fuels
Authorized.--
(1) In general.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following:
``SEC. 2410R. MULTIYEAR CONTRACT AUTHORITY: PURCHASE OF ALTERNATIVE
FUELS.
``(a) In General.--The head of an agency (as defined in section
2302) may enter into contracts for a period not to exceed 20 years for
the purchase of alternative fuels.
``(b) Required Provisions.--A contract entered into under
subsection (a) shall include the following provisions:
``(1) A statement that the obligation of the United States
to make payments under the contract in any fiscal year is
subject to appropriations being provided specifically for that
fiscal year and specifically for alternative fuels.
``(2) A commitment to obligate the necessary amount for
each fiscal year covered by the contract when and to the extent
that funds are appropriated for that purpose for that fiscal
year.
``(3) A statement that a commitment given under the
authority of this section does not constitute an obligation of
the United States.''.
(2) Clerical amendment.--The table of sections of chapter
141 of title 10, United States Code, is amended by adding at
the end the following:
``2410r. Multiyear contract authority: purchase of alternative
fuels.''.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Defense shall issue regulations
providing that the head of an agency may enter into a multiyear
contract as authorized by section 2410r of title 10, United States Code
(as added by subsection (a)), only if the head of the agency has
determined in writing that--
(1) there is a reasonable expectation that, throughout the
contemplated contract period, the head of the agency will
request funding for the contract at the level required to avoid
contract cancellation;
(2) the technical risks associated with the technologies
for the production of alternative fuel under the contract are
not excessive;
(3) the contract will contain appropriate pricing
mechanisms to minimize risk to the Federal Government from
significant changes in market prices for energy; and
(4) the contract will not be used by the Department of
Defense to finance new facilities intended to produce fuel for
consumption by the Federal Government.
(c) Limitation on Use of Authority.--No contract may be entered
into under section 2410r of title 10, United States Code (as so added),
until the regulations required by subsection (b) are issued.
SEC. 8. ELECTRIC VEHICLE IMPACT ON ELECTRICITY DEMAND.
Section 169(3) of the Clean Air Act (42 U.S.C. 7479(3)) is
amended--
(1) by striking ``(3) The term'' and inserting the
following:
``(3) Best available control technology.--
``(A) Definition.--
``(i) In general.--The term'';
(2) in the second sentence, by striking ``In no event'' and
inserting the following:
``(B) Emission limitations.--
``(i) In general.--In no event'';
(3) in the third sentence, by striking ``Emissions'' and
inserting the following:
``(ii) Prohibition on certain increases.--
Emissions''; and
(4) by adding at the end the following:
``(C) Additional considerations.--For purposes of
establishing the `best available control technology'
for a major emitting facility that is an electric
generating facility located in a region in which demand
for electricity has increased significantly due to the
volume of electric vehicles, the permitting authority
shall take into account the extent to which the
emissions of a pollutant have been reduced as a result
of the increased use of electric vehicles.''.
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American Alternative Fuels Act of 2011 - Amends the Energy Independence and Security Act of 2007 to repeal the requirement that any federal agency procurement contract for an alternative or synthetic fuel, including those from nonconventional petroleum sources, for any mobility-related use specify that lifecycle greenhouse gas emissions associated with the fuel must, on an ongoing basis, be less than or equal to such emissions from equivalent conventional fuel produced from conventional petroleum sources. Amends the Energy Policy Act of 2005 to: (1) require the Secretary of Energy to report to certain congressional committees the reasons for any delayed approval of an application for a loan guarantee for a substitute natural gas, chemical feedstock, or liquid transportation fuel project. And (2) make certain substitute natural gas production facilities eligible for loan guarantees. Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA), as an algae-based fuel incentive when calculating the applicable volume of renewable fuel for each calendar year, to consider each gallon of renewable biomass produced from algae to be equal to three gallons of renewable fuel if the algae-based fuel was produced using carbon dioxide captured in a manner that prevented its uncontrolled release into the atmosphere during a separate energy production process. Authorizes the Secretary of Defense (DOD), the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of Homeland Security (DHS), and the Administrator of the National Aeronautics and Space Administration (NASA) to enter into multiyear procurement contracts for alternative fuels, subject to certain requirements. Amends the Clean Air Act to direct the permitting authority, when establishing the best available control technology for a major emitting facility that is an electric generating facility located in a region in which demand for electricity has increased significantly due to the volume of electric vehicles, to take into account the extent to which emissions of a pollutant have been reduced as a result of the increased use of such vehicles.
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To repeal certain barriers to domestic fuel production, and for other purposes.
| 9,182
| 2,201
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "American Alternative Fuels Act of 2011". <SECTION-HEADER> FINDINGS. Congress finds that the United States needs short- and long-term policies designed to eliminate the reliance of the United States on foreign energy sources, to create jobs in the United States. And to harness all of the energy resources of the United States. Promoting the energy security of the United States can be achieved by leveraging all domestic energy resources, including traditional fossil fuels, alternative energy resources, and renewable energy. And the United States needs to adopt policies that would foster a more sustainable domestic energy supply that would decrease risks to national security, lower domestic energy prices, reduce trade deficits. And create jobs in the United States. <SECTION-HEADER> REPEAL OF UNNECESSARY BARRIERS TO DOMESTIC FUEL PRODUCTION. In General. Section 526 of the Energy Independence and Security Act of 2007 is repealed. Conforming Amendment. Section 1112 of the National Aeronautics and Space Administration Authorization Act of 2008 is repealed. <SECTION-HEADER> TRANSPARENCY FOR DELAYED LOAN GUARANTEE APPLICATIONS. Section 1702 of the Energy Policy Act of 2005 is amended by adding at the end the following: Reporting Requirement. In general. If the Secretary fails to make a final decision by the date that is 270 days after the date on which the Secretary selects an application to proceed to negotiations of terms and conditions for issuance of a conditional commitment for a loan guarantee application under this title for a substitute natural gas, chemical feedstock, or liquid transportation fuel project, not later than 7 days after that date, and for every 90-day period thereafter, the Secretary shall prepare a status report for the period covered by the report. And submit the status report to the Committee on Energy and Natural Resources of the Senate. And the Committee on Energy and Commerce of the House of Representatives. Contents. The status report described in paragraph shall contain a description of each reason for the delay of the application. The name and office of the official who, for the period covering the status report, has reviewed the application. And a detailed schedule for completion of the application review.". <SECTION-HEADER> ALGAE-BASED FUEL INCENTIVES. Section 211(o)(2)(B) of the Clean Air Act (42 USC. 7545(o)(2)(B)) is amended by adding at the end the following: Algae-based fuel incentives. For purposes of calculating the applicable volume of renewable fuel under clauses (i) and (ii) for each calendar year, the Administrator shall consider each gallon of renewable biomass produced from algae to be equal to 3 gallons of renewable fuel if the algae-based fuel was produced using carbon dioxide that was captured in a manner that prevented the uncontrolled release of carbon dioxide into the atmosphere during a separate energy production process.". <SECTION-HEADER> LOAN GUARANTEES. Section 1703(b) of the Energy Policy Act of 2005 (42 USC. 16513(b)) is amended by adding at the end the following: Substitute natural gas production facilities, if the gas is produced from a solid feedstock through a gasification process. And in a manner that captures at least 90 percent of the carbon produced through the gasification process.". <SECTION-HEADER> MULTIYEAR CONTRACT AUTHORITY FOR DEPARTMENT OF DEFENSE FOR PROCUREMENT OF ALTERNATIVE FUELS. Multiyear Contracts for the Procurement of Alternative Fuels Authorized. In general. Chapter 141 of title 10, United States Code, is amended by adding at the end the following: "Section 2410R. MULTIYEAR CONTRACT AUTHORITY: PURCHASE OF ALTERNATIVE FUELS. In General. The head of an agency may enter into contracts for a period not to exceed 20 years for the purchase of alternative fuels. Required Provisions. A contract entered into under subsection (a) shall include the following provisions: A statement that the obligation of the United States to make payments under the contract in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for alternative fuels. A commitment to obligate the necessary amount for each fiscal year covered by the contract when and to the extent that funds are appropriated for that purpose for that fiscal year. A statement that a commitment given under the authority of this section does not constitute an obligation of the United States.". Clerical amendment. The table of sections of chapter 141 of title 10, United States Code, is amended by adding at the end the following: "2410r. Multiyear contract authority: purchase of alternative fuels.". Regulations. Not later than 120 days after the date of enactment of this Act, the Secretary of Defense shall issue regulations providing that the head of an agency may enter into a multiyear contract as authorized by section 2410r of title 10, United States Code (as added by subsection (a)), only if the head of the agency has determined in writing that there is a reasonable expectation that, throughout the contemplated contract period, the head of the agency will request funding for the contract at the level required to avoid contract cancellation. The technical risks associated with the technologies for the production of alternative fuel under the contract are not excessive. The contract will contain appropriate pricing mechanisms to minimize risk to the Federal Government from significant changes in market prices for energy. And the contract will not be used by the Department of Defense to finance new facilities intended to produce fuel for consumption by the Federal Government. Limitation on Use of Authority. No contract may be entered into under section 2410r of title 10, United States Code , until the regulations required by subsection (b) are issued. <SECTION-HEADER> ELECTRIC VEHICLE IMPACT ON ELECTRICITY DEMAND. Section 169(3) of the Clean Air Act (42 USC. 7479(3)) is amended by striking "(3) The term" and inserting the following: Best available control technology. Definition. In general. The term". In the second sentence, by striking "In no event" and inserting the following: Emission limitations. In general. In no event". In the third sentence, by striking "Emissions" and inserting the following: Prohibition on certain increases. Emissions". And by adding at the end the following: Additional considerations. For purposes of establishing the `best available control technology' for a major emitting facility that is an electric generating facility located in a region in which demand for electricity has increased significantly due to the volume of electric vehicles, the permitting authority shall take into account the extent to which the emissions of a pollutant have been reduced as a result of the increased use of electric vehicles.".
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American Alternative Fuels Act of 2011 - Amends the Energy Independence and Security Act of 2007 to repeal the requirement that any federal agency procurement contract for an alternative or synthetic fuel, including those from nonconventional petroleum sources, for any mobility-related use specify that lifecycle greenhouse gas emissions associated with the fuel must, on an ongoing basis, be less than or equal to such emissions from equivalent conventional fuel produced from conventional petroleum sources. Amends the Energy Policy Act of 2005 to: (1) require the Secretary of Energy to report to certain congressional committees the reasons for any delayed approval of an application for a loan guarantee for a substitute natural gas, chemical feedstock, or liquid transportation fuel project. And (2) make certain substitute natural gas production facilities eligible for loan guarantees. Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA), as an algae-based fuel incentive when calculating the applicable volume of renewable fuel for each calendar year, to consider each gallon of renewable biomass produced from algae to be equal to three gallons of renewable fuel if the algae-based fuel was produced using carbon dioxide captured in a manner that prevented its uncontrolled release into the atmosphere during a separate energy production process. Authorizes the Secretary of Defense (DOD), the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, the Secretary of Homeland Security (DHS), and the Administrator of the National Aeronautics and Space Administration (NASA) to enter into multiyear procurement contracts for alternative fuels, subject to certain requirements. Amends the Clean Air Act to direct the permitting authority, when establishing the best available control technology for a major emitting facility that is an electric generating facility located in a region in which demand for electricity has increased significantly due to the volume of electric vehicles, to take into account the extent to which emissions of a pollutant have been reduced as a result of the increased use of such vehicles.
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To repeal certain barriers to domestic fuel production, and for other purposes.
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109_s3554
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Diesel Standard Act of
2006''.
SEC. 2. ALTERNATIVE DIESEL FUEL CONTENT OF DIESEL.
(a) Findings.--Congress finds that--
(1) section 211(o) of the Clean Air Act (42 U.S.C. 7535(o))
(as amended by section 1501 of the Energy Policy Act of 2005
(Public Law 109-58)) established a renewable fuel program under
which entities in the petroleum sector are required to blend
renewable fuels into motor vehicle fuel based on the gasoline
motor pool;
(2) the need for energy diversification is greater as of
the date of enactment of this Act than it was only months
before the date of enactment of the Energy Policy Act (Public
Law 109-58; 119 Stat. 594); and
(3)(A) the renewable fuel program under section 211(o) of
the Clean Air Act requires a small percentage of the gasoline
motor pool, totaling nearly 140,000,000,000 gallons, to contain
a renewable fuel; and
(B) the small percentage requirement described in
subparagraph (A) does not include the 40,000,000,000-gallon
diesel motor pool.
(b) Alternative Diesel Fuel Program for Diesel Motor Pool.--Section
211 of the Clean Air Act (42 U.S.C. 7545) is amended by inserting after
subsection (o) the following:
``(p) Alternative Diesel Fuel Program for Diesel Motor Pool.--
``(1) Definition of alternative diesel fuel.--
``(A) In general.--In this subsection, the term
`alternative diesel fuel' means biodiesel (as defined
in section 312(f) of the Energy Policy Act of 1992 (42
U.S.C. 13220(f))) and any blending components derived
from alternative fuel (provided that only the
alternative fuel portion of any such blending component
shall be considered to be part of the applicable volume
under the alternative diesel fuel program established
by this subsection).
``(B) Inclusions.--The term `alternative diesel
fuel' includes a diesel fuel substitute produced from--
``(i) animal fat;
``(ii) plant oil;
``(iii) recycled yellow grease;
``(iv) single-cell or microbial oil;
``(v) thermal depolymerization;
``(vi) thermochemical conversion;
``(vii) a coal-to-liquid process (including
the Fischer-Tropsch process) that provides for
the sequestration of carbon emissions; or
``(viii) a diesel-ethanol blend of not less
than 7 percent ethanol.
``(2) Alternative diesel fuel program.--
``(A) Regulations.--
``(i) In general.--Not later than 1 year
after the date of enactment of this subsection,
the Administrator shall promulgate regulations
to ensure that diesel sold or introduced into
commerce in the United States (except in
noncontiguous States or territories), on an
annual average basis, contains the applicable
volume of alternative diesel fuel determined in
accordance with subparagraph (B).
``(ii) Provisions of regulations.--
Regardless of the date of promulgation, the
regulations promulgated under clause (i)--
``(I) shall contain compliance
provisions applicable to refineries,
blenders, distributors, and importers,
as appropriate, to ensure that the
requirements of this paragraph are met;
but
``(II) shall not--
``(aa) restrict geographic
areas in which alternative
diesel fuel may be used; or
``(bb) impose any per-
gallon obligation for the use
of alternative diesel fuel.
``(iii) Requirement in case of failure to
promulgate regulations.--If the Administrator
fails to promulgate regulations under clause
(i), the percentage of alternative diesel fuel
in the diesel motor pool sold or dispensed to
consumers in the United States, on a volume
basis, shall be 0.6 percent for calendar year
2008.
``(B) Applicable volume.--
``(i) Calendar years 2008 through 2015.--
For the purpose of subparagraph (A), the
applicable volume for any of calendar years
2008 through 2015 shall be determined in
accordance with the following table:
``Applicable volume of Alternative
diesel fuel in diesel motor
pool (in millions of Calendar year:
gallons):
250.................................................... 2008
500.................................................... 2009
750.................................................... 2010
1,000.................................................. 2011
1,250.................................................. 2012
1,500.................................................. 2013
1,750.................................................. 2014
2,000.................................................. 2015
``(ii) Calendar year 2016 and thereafter.--
The applicable volume for calendar year 2016
and each calendar year thereafter shall be
determined by the Administrator, in
coordination with the Secretary of Agriculture
and the Secretary of Energy, based on a review
of the implementation of the program during
calendar years 2008 through 2015, including a
review of--
``(I) the impact of the use of
alternative diesel fuels on the
environment, air quality, energy
security, job creation, and rural
economic development; and
``(II) the expected annual rate of
future production of alternative diesel
fuels to be used as a blend component
or replacement to the diesel motor
pool.
``(iii) Minimum applicable volume.--For the
purpose of subparagraph (A), the applicable
volume for calendar year 2016 and each calendar
year thereafter shall be equal to the product
obtained by multiplying--
``(I) the number of gallons of
diesel that the Administrator estimates
will be sold or introduced into
commerce during the calendar year; and
``(II) the ratio that--
``(aa) 2,000,000,000
gallons of alternative diesel
fuel; bears to
``(bb) the number of
gallons of diesel sold or
introduced into commerce during
calendar year 2015.
``(3) Applicable percentages.--
``(A) Provision of estimate of volumes of diesel
sales.--Not later than October 31 of each of calendar
years 2007 through 2015, the Administrator of the
Energy Information Administration shall provide to the
Administrator an estimate, with respect to the
following calendar year, of the volumes of diesel
projected to be sold or introduced into commerce in the
United States.
``(B) Determination of applicable percentages.--
``(i) In general.--Not later than November
30 of each of calendar years 2008 through 2015,
based on the estimate provided under
subparagraph (A), the Administrator shall
determine and publish in the Federal Register,
with respect to the following calendar year,
the alternative diesel fuel obligation that
ensures that the requirements of paragraph (2)
are met.
``(ii) Required elements.--The alternative
diesel fuel obligation determined for a
calendar year under clause (i) shall--
``(I) be applicable to refineries,
blenders, and importers, as
appropriate;
``(II) be expressed in terms of a
volume percentage of diesel sold or
introduced into commerce in the United
States; and
``(III) subject to subparagraph
(C), consist of a single applicable
percentage that applies to all
categories of persons described in
subclause (I).
``(C) Adjustments.--In determining the applicable
percentage for a calendar year, the Administrator shall
make adjustments to prevent the imposition of redundant
obligations on any person described in subparagraph
(B)(ii)(I).
``(4) Credit program.--
``(A) In general.--The regulations promulgated
pursuant to paragraph (2)(A) shall provide for the
generation of an appropriate amount of credits by any
person that refines, blends, or imports diesel that
contains a quantity of alternative diesel fuel that is
greater than the quantity required under paragraph (2).
``(B) Use of credits.--A person that generates a
credit under subparagraph (A) may use the credit, or
transfer all or a portion of the credit to another
person, for the purpose of complying with regulations
promulgated pursuant to paragraph (2).
``(C) Duration of credits.--A credit generated
under this paragraph shall be valid during the 1-year
period beginning on the date on which the credit is
generated.
``(D) Inability to generate or purchase sufficient
credits.--The regulations promulgated pursuant to
paragraph (2)(A) shall include provisions allowing any
person that is unable to generate or purchase
sufficient credits under subparagraph (A) to meet the
requirements of paragraph (2) by carrying forward a
credit generated during a previous year on the
condition that the person, during the calendar year
following the year in which the alternative diesel fuel
deficit is created--
``(i) achieves compliance with the
alternative diesel fuel requirement under
paragraph (2); and
``(ii) generates or purchases additional
credits under subparagraph (A) to offset the
deficit of the previous year.
``(5) Waivers.--
``(A) In general.--The Administrator, in
consultation with the Secretary of Agriculture and the
Secretary of Energy, may waive the requirements of
paragraph (2) in whole or in part on receipt of a
petition of 1 or more States by reducing the national
quantity of alternative diesel fuel for the diesel
motor pool required under paragraph (2) based on a
determination by the Administrator, after public notice
and opportunity for comment, that--
``(i) implementation of the requirement
would severely harm the economy or environment
of a State, a region, or the United States; or
``(ii) there is an inadequate domestic
supply of alternative diesel fuel.
``(B) Petitions for waivers.--Not later than 90
days after the date on which the Administrator receives
a petition under subparagraph (A), the Administrator,
in consultation with the Secretary of Agriculture and
the Secretary of Energy, shall approve or disapprove
the petition.
``(C) Termination of waivers.--
``(i) In general.--Except as provided in
clause (ii), a waiver under subparagraph (A)
shall terminate on the date that is 1 year
after the date on which the waiver is provided.
``(ii) Exception.--The Administrator, in
consultation with the Secretary of Agriculture
and the Secretary of Energy, may extend a
waiver under subparagraph (A), as the
Administrator determines to be appropriate.''.
(c) Penalties and Enforcement.--Section 211(d) of the Clean Air Act
(42 U.S.C. 7545(d)) is amended--
(1) in paragraph (1), by striking ``or (o)'' each place it
appears and inserting ``(o), or (p)''; and
(2) in paragraph (2), by striking ``and (o)'' each place it
appears and inserting ``(o), and (p)''.
(d) Technical Amendments.--Section 211 of the Clean Air Act (42
U.S.C. 7545) is amended--
(1) in subsection (i)(4), by striking ``section 324'' each
place it appears and inserting ``section 325'';
(2) in subsection (k)(10), by indenting subparagraphs (E)
and (F) appropriately;
(3) in subsection (n), by striking ``section 219(2)'' and
inserting ``section 216(2)'';
(4) by redesignating the second subsection (r) and
subsection (s) as subsections (s) and (t), respectively; and
(5) in subsection (t)(1) (as redesignated by paragraph
(4)), by striking ``this subtitle'' and inserting ``this
part''.
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Alternative Diesel Standard Act of 2006 - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to ensure that diesel sold or introduced into commerce in the United States, on an annual average basis, contains the applicable volume of alternative diesel fuel . Requires the regulations to: (1) contain compliance provisions applicable to refineries, blenders, distributors, and importers. (2) not restrict areas in which alternative diesel fuel may be used. And (3) not impose any per-gallon obligation for the use of alternative diesel fuel. Requires alternative diesel fuel to constitute 0.6 of diesel dispensed in 2008 if the Administrator fails to promulgate such regulations. Requires EPA to determine and publish the alternative diesel fuel obligation as a percentage of diesel each year for 2008-2015. Requires such regulations to provide for the generation of an appropriate amount of transferable credits by any person that refines, blends, or imports diesel that contains a quantity of alternative diesel fuel greater than required. Authorizes the Administrator to waive alternative diesel fuel requirements on receipt of a state petition by reducing the quantity of alternative diesel fuel required based on a determination that: (1) implementation of the requirement would severely harm the economy or environment of a state, a region, or the United States. Or (2) there is inadequate domestic supply of alternative diesel fuel.
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A bill to establish an alternative diesel standard, and for other purposes.
| 16,356
| 1,510
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Alternative Diesel Standard Act of 2006". <SECTION-HEADER> ALTERNATIVE DIESEL FUEL CONTENT OF DIESEL. Findings. Congress finds that section 211(o) of the Clean Air Act (42 USC. 7535(o)) (as amended by section 1501 of the Energy Policy Act of 2005 established a renewable fuel program under which entities in the petroleum sector are required to blend renewable fuels into motor vehicle fuel based on the gasoline motor pool. The need for energy diversification is greater as of the date of enactment of this Act than it was only months before the date of enactment of the Energy Policy Act. And (A) the renewable fuel program under section 211(o) of the Clean Air Act requires a small percentage of the gasoline motor pool, totaling nearly 140,000,000,000 gallons, to contain a renewable fuel. And the small percentage requirement described in subparagraph (A) does not include the 40,000,000,000-gallon diesel motor pool. Alternative Diesel Fuel Program for Diesel Motor Pool. Section 211 of the Clean Air Act is amended by inserting after subsection (o) the following: Alternative Diesel Fuel Program for Diesel Motor Pool. Definition of alternative diesel fuel. In general. In this subsection, the term `alternative diesel fuel' means biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 (42 USC. 13220(f))) and any blending components derived from alternative fuel . Inclusions. The term `alternative diesel fuel' includes a diesel fuel substitute produced from animal fat, plant oil, recycled yellow grease, single-cell or microbial oil, thermal depolymerization, thermochemical conversion. A coal-to-liquid process that provides for the sequestration of carbon emissions. Or a diesel-ethanol blend of not less than 7 percent ethanol. Alternative diesel fuel program. Regulations. In general. Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations to ensure that diesel sold or introduced into commerce in the United States , on an annual average basis, contains the applicable volume of alternative diesel fuel determined in accordance with subparagraph (B). Provisions of regulations. Regardless of the date of promulgation, the regulations promulgated under clause (i) shall contain compliance provisions applicable to refineries, blenders, distributors, and importers, as appropriate, to ensure that the requirements of this paragraph are met. But shall not restrict geographic areas in which alternative diesel fuel may be used. Or impose any per- gallon obligation for the use of alternative diesel fuel. Requirement in case of failure to promulgate regulations. If the Administrator fails to promulgate regulations under clause , the percentage of alternative diesel fuel in the diesel motor pool sold or dispensed to consumers in the United States, on a volume basis, shall be 0.6 percent for calendar year 2008. Applicable volume. Calendar years 2008 through 2015. For the purpose of subparagraph (A), the applicable volume for any of calendar years 2008 through 2015 shall be determined in accordance with the following table: "Applicable volume of Alternative diesel fuel in diesel motor pool : 250.......................... 2008 500.......................... 2009 750.......................... 2010 1,000......................... 2011 1,250......................... 2012 1,500......................... 2013 1,750......................... 2014 2,000......................... 2015 Calendar year 2016 and thereafter. The applicable volume for calendar year 2016 and each calendar year thereafter shall be determined by the Administrator, in coordination with the Secretary of Agriculture and the Secretary of Energy, based on a review of the implementation of the program during calendar years 2008 through 2015, including a review of the impact of the use of alternative diesel fuels on the environment, air quality, energy security, job creation, and rural economic development. And the expected annual rate of future production of alternative diesel fuels to be used as a blend component or replacement to the diesel motor pool. Minimum applicable volume. For the purpose of subparagraph (A), the applicable volume for calendar year 2016 and each calendar year thereafter shall be equal to the product obtained by multiplying the number of gallons of diesel that the Administrator estimates will be sold or introduced into commerce during the calendar year, and the ratio that 2,000,000,000 gallons of alternative diesel fuel. Bears to the number of gallons of diesel sold or introduced into commerce during calendar year 2015. Applicable percentages. Provision of estimate of volumes of diesel sales. Not later than October 31 of each of calendar years 2007 through 2015, the Administrator of the Energy Information Administration shall provide to the Administrator an estimate, with respect to the following calendar year, of the volumes of diesel projected to be sold or introduced into commerce in the United States. Determination of applicable percentages. In general. Not later than November 30 of each of calendar years 2008 through 2015, based on the estimate provided under subparagraph (A), the Administrator shall determine and publish in the Federal Register, with respect to the following calendar year, the alternative diesel fuel obligation that ensures that the requirements of paragraph (2) are met. Required elements. The alternative diesel fuel obligation determined for a calendar year under clause (i) shall be applicable to refineries, blenders, and importers, as appropriate. Be expressed in terms of a volume percentage of diesel sold or introduced into commerce in the United States. And subject to subparagraph , consist of a single applicable percentage that applies to all categories of persons described in subclause (I). Adjustments. In determining the applicable percentage for a calendar year, the Administrator shall make adjustments to prevent the imposition of redundant obligations on any person described in subparagraph (ii)(I). Credit program. In general. The regulations promulgated pursuant to paragraph (2)(A) shall provide for the generation of an appropriate amount of credits by any person that refines, blends, or imports diesel that contains a quantity of alternative diesel fuel that is greater than the quantity required under paragraph (2). Use of credits. A person that generates a credit under subparagraph (A) may use the credit, or transfer all or a portion of the credit to another person, for the purpose of complying with regulations promulgated pursuant to paragraph (2). Duration of credits. A credit generated under this paragraph shall be valid during the 1-year period beginning on the date on which the credit is generated. Inability to generate or purchase sufficient credits. The regulations promulgated pursuant to paragraph (2)(A) shall include provisions allowing any person that is unable to generate or purchase sufficient credits under subparagraph (A) to meet the requirements of paragraph (2) by carrying forward a credit generated during a previous year on the condition that the person, during the calendar year following the year in which the alternative diesel fuel deficit is created achieves compliance with the alternative diesel fuel requirement under paragraph (2). And generates or purchases additional credits under subparagraph (A) to offset the deficit of the previous year. Waivers. In general. The Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, may waive the requirements of paragraph (2) in whole or in part on receipt of a petition of 1 or more States by reducing the national quantity of alternative diesel fuel for the diesel motor pool required under paragraph (2) based on a determination by the Administrator, after public notice and opportunity for comment, that implementation of the requirement would severely harm the economy or environment of a State, a region, or the United States. Or there is an inadequate domestic supply of alternative diesel fuel. Petitions for waivers. Not later than 90 days after the date on which the Administrator receives a petition under subparagraph (A), the Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall approve or disapprove the petition. Termination of waivers. In general. Except as provided in clause (ii), a waiver under subparagraph (A) shall terminate on the date that is 1 year after the date on which the waiver is provided. Exception. The Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, may extend a waiver under subparagraph (A), as the Administrator determines to be appropriate.". Penalties and Enforcement. Section 211(d) of the Clean Air Act (42 USC. 7545(d)) is amended in paragraph (1), by striking "or (o)" each place it appears and inserting "(o), or (p)". And in paragraph (2), by striking "and (o)" each place it appears and inserting "(o), and (p)". Technical Amendments. Section 211 of the Clean Air Act is amended in subsection (i)(4), by striking "section 324" each place it appears and inserting "section 325", in subsection (k)(10), by indenting subparagraphs (E) and (F) appropriately. In subsection (n), by striking "section 219(2)" and inserting "section 216(2)". By redesignating the second subsection (r) and subsection (s) as subsections (s) and (t), respectively. And in subsection (t)(1) (as redesignated by paragraph ), by striking "this subtitle" and inserting "this part".
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Alternative Diesel Standard Act of 2006 - Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to ensure that diesel sold or introduced into commerce in the United States, on an annual average basis, contains the applicable volume of alternative diesel fuel . Requires the regulations to: (1) contain compliance provisions applicable to refineries, blenders, distributors, and importers. (2) not restrict areas in which alternative diesel fuel may be used. And (3) not impose any per-gallon obligation for the use of alternative diesel fuel. Requires alternative diesel fuel to constitute 0.6 of diesel dispensed in 2008 if the Administrator fails to promulgate such regulations. Requires EPA to determine and publish the alternative diesel fuel obligation as a percentage of diesel each year for 2008-2015. Requires such regulations to provide for the generation of an appropriate amount of transferable credits by any person that refines, blends, or imports diesel that contains a quantity of alternative diesel fuel greater than required. Authorizes the Administrator to waive alternative diesel fuel requirements on receipt of a state petition by reducing the quantity of alternative diesel fuel required based on a determination that: (1) implementation of the requirement would severely harm the economy or environment of a state, a region, or the United States. Or (2) there is inadequate domestic supply of alternative diesel fuel.
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A bill to establish an alternative diesel standard, and for other purposes.
|
113_hr3650
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Silent Skies Act of 2013''.
SEC. 2. FINDINGS.
Congress finds that--
(1) aircraft and airport noise is one of the most common
``quality of life'' nuisance issues in neighborhoods throughout
the United States; and
(2) the stage 4 aircraft noise certification standard
became applicable to new type design aircraft in 2006 pursuant
to an agreement signed by the International Civil Aviation
Organization, of which the United States is a member.
SEC. 3. AIRCRAFT NOISE REDUCTION TECHNOLOGY RESEARCH, DEVELOPMENT, AND
IMPLEMENTATION PARTNERSHIP.
(a) Cooperative Agreement.--Subchapter I of chapter 475 of title
49, United States Code, is amended by adding at the end the following:
``Sec. 47511. Aircraft noise reduction technology research,
development, and implementation partnership
``(a) In General.--The Administrator of the Federal Aviation
Administration shall enter into a cooperative agreement, using a
competitive process, with an institution, entity, or consortium to
carry out a program for the development, maturing, and certification of
aircraft technology that will assist in-service and in-production civil
turbojets that have noise levels greater than the levels specified in
stage 4 noise standards in complying with such noise standards, as
required under subchapter II of this chapter, or more stringent noise
standards.
``(b) Terms and Conditions.--The Administrator may include in a
cooperative agreement entered into under this section terms and
conditions requiring a recipient of funds under the cooperative
agreement--
``(1) to conduct activities under the cooperative agreement
on a cost-shared basis, using Federal and non-Federal funds;
and
``(2) to make repayments to the United States of all or a
portion of the amounts received by the recipient under the
cooperative agreement, if an aircraft technology developed
under the cooperative agreement results in revenues for the
recipient.
``(c) Funding.--Of amounts appropriated under section 48102(a), not
more than $10,000,000 for each of fiscal years 2014, 2015, and 2016 may
be used to carry out this section.
``(d) Report.--Beginning in fiscal year 2014, the Administrator
shall publish an annual report on the program established under this
section until completion of the program.''.
(b) Clerical Amendment.--The analysis for such subchapter is
amended by adding at the end the following:
``47511. Aircraft noise reduction technology research, development, and
implementation partnership.''.
SEC. 4. PROHIBITION ON OPERATING CERTAIN AIRCRAFT NOT COMPLYING WITH
STAGE 4 NOISE LEVELS.
(a) In General.--Subchapter II of chapter 475 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 47535. Limitation on operating certain aircraft not complying
with stage 4 noise levels
``(a) Regulations.--Not later than December 3, 2015, the Secretary
of Transportation, in consultation with the International Civil
Aviation Organization, shall issue regulations to establish minimum
standards for civil turbojets to comply with stage 4 noise levels.
``(b) General Rule.--The Secretary shall issue regulations to
ensure that, except as provided in section 47529--
``(1) 25 percent of the civil turbojets with a maximum
weight of more than 75,000 pounds operating after December 31,
2020, to or from airports in the United States comply with the
stage 4 noise levels established under subsection (a);
``(2) 50 percent of such turbojets operating after December
31, 2025, to or from airports in the United States comply with
the stage 4 noise levels;
``(3) 75 percent of such turbojets operating after December
31, 2030, to or from airports in the United States comply with
the stage 4 noise levels; and
``(4) 100 percent of such turbojets operating after
December 31, 2035, to or from airports in the United States
comply with the stage 4 noise levels.
``(c) Foreign-Flag Aircraft.--
``(1) International standards.--The Secretary shall request
the International Civil Aviation Organization to add to its
Work Programme the consideration of international standards for
the phase-out of aircraft that do not comply with stage 4 noise
levels.
``(2) Enforcement.--The Secretary shall enforce the
requirements of this section with respect to foreign-flag
aircraft only to the extent that such enforcement is consistent
with United States obligations under international agreements.
``(d) Annual Report.--Beginning with calendar year 2016--
``(1) each air carrier shall submit to the Secretary an
annual report on the progress the carrier is making toward
complying with the requirements of this section and regulations
issued to carry out this section; and
``(2) the Secretary shall submit to Congress an annual
report on the progress being made toward that compliance.
``(e) Recertification Not Required.--
``(1) Limitation on statutory construction.--Nothing in
this section may be construed to require the recertification of
a civil turbojet that has been retrofitted to comply with or
otherwise already meets the stage 4 noise levels established
under subsection (a).
``(2) Means of demonstrating compliance with stage 4 noise
levels.--The Secretary shall specify means for demonstrating
that an aircraft complies with stage 4 noise levels without
requiring recertification.''.
(b) Nonaddition Rule.--
(1) In general.--Section 47529 of such title is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``subsonic''; and
(II) by striking ``November 4,
1990'' and inserting ``December 31,
2018'';
(ii) in paragraph (1) by striking ``stage
3'' and inserting ``stage 4''; and
(iii) in paragraph (2) by striking
``November 5, 1990'' and inserting ``January 1,
2019'';
(B) in subsection (b) by striking ``stage 3'' and
inserting ``stage 4''; and
(C) in subsection (c)(1) by striking ``November 5,
1990'' and inserting ``January 1, 2019''.
(2) Effective date.--The amendments made by this subsection
take effect on December 31, 2018.
(c) Conforming Amendments.--
(1) In general.--Chapter 475 of such title is amended--
(A) in the chapter analysis--
(i) by striking the item relating to
section 47530 and inserting the following:
``47530. Nonapplication of certain requirements to aircraft outside the
48 contiguous States.'';
and
(ii) by adding at the end the following:
``47535. Nonapplication of certain requirements to aircraft outside the
48 contiguous States.'';
(B) in section 47530--
(i) by striking the section designation and
heading and inserting the following:
``Sec. 47530. Nonapplication of certain requirements to aircraft
outside the 48 contiguous States'';
(ii) by striking ``and 47529'' and
inserting ``, 47529, and 47535'';
(iii) by striking ``subsonic'';
(iv) by striking ``November 4, 1990'' and
inserting ``December 31, 2018''; and
(v) by striking ``stage 3'' and inserting
``stage 4''; and
(C) in section 47531 by striking ``or 47534'' and
inserting ``47534, or 47535''.
(2) Effective date.--The amendments made by clauses (iii),
(iv), and (v) of paragraph (1)(B) take effect on December 31,
2018.
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Silent Skies Act of 2013 - Directs the Administrator of the Federal Aviation Administration (FAA) to enter into a competitive cooperative agreement with an institution, entity, or consortium to carry out a program for the development of aircraft technology that will assist in-service and in-production civil turbojets not meeting stage 4 noise standards to comply with them or with more stringent noise standards. Directs the Secretary of Transportation (DOT) to issue regulations to establish minimum standards to ensure that graduated percentages of civil turbojets weighing over 75,000 pounds comply with the stage 4 noise levels by specified dates. Requires the Secretary to request the International Civil Aviation Organization to add to its Work Programme the consideration of international standards for the phase-out of aircraft not complying with stage 4 noise levels. Declares that the requirements of this Act shall not apply to civil turbojet aircraft that operate outside of the 48 contiguous states.
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Silent Skies Act of 2013
| 8,762
| 1,014
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Silent Skies Act of 2013". <SECTION-HEADER> FINDINGS. Congress finds that aircraft and airport noise is one of the most common "quality of life" nuisance issues in neighborhoods throughout the United States. And the stage 4 aircraft noise certification standard became applicable to new type design aircraft in 2006 pursuant to an agreement signed by the International Civil Aviation Organization, of which the United States is a member. <SECTION-HEADER> AIRCRAFT NOISE REDUCTION TECHNOLOGY RESEARCH, DEVELOPMENT, AND IMPLEMENTATION PARTNERSHIP. Cooperative Agreement. Subchapter I of chapter 475 of title 49, United States Code, is amended by adding at the end the following: "Section 47511. Aircraft noise reduction technology research, development, and implementation partnership In General. The Administrator of the Federal Aviation Administration shall enter into a cooperative agreement, using a competitive process, with an institution, entity, or consortium to carry out a program for the development, maturing, and certification of aircraft technology that will assist in-service and in-production civil turbojets that have noise levels greater than the levels specified in stage 4 noise standards in complying with such noise standards, as required under subchapter II of this chapter, or more stringent noise standards. Terms and Conditions. The Administrator may include in a cooperative agreement entered into under this section terms and conditions requiring a recipient of funds under the cooperative agreement to conduct activities under the cooperative agreement on a cost-shared basis, using Federal and non-Federal funds. And to make repayments to the United States of all or a portion of the amounts received by the recipient under the cooperative agreement, if an aircraft technology developed under the cooperative agreement results in revenues for the recipient. Funding. Of amounts appropriated under section 48102(a), not more than $10,000,000 for each of fiscal years 2014, 2015, and 2016 may be used to carry out this section. Report. Beginning in fiscal year 2014, the Administrator shall publish an annual report on the program established under this section until completion of the program.". Clerical Amendment. The analysis for such subchapter is amended by adding at the end the following: "47511. Aircraft noise reduction technology research, development, and implementation partnership.". <SECTION-HEADER> PROHIBITION ON OPERATING CERTAIN AIRCRAFT NOT COMPLYING WITH STAGE 4 NOISE LEVELS. In General. Subchapter II of chapter 475 of title 49, United States Code, is amended by adding at the end the following: "Section 47535. Limitation on operating certain aircraft not complying with stage 4 noise levels Regulations. Not later than December 3, 2015, the Secretary of Transportation, in consultation with the International Civil Aviation Organization, shall issue regulations to establish minimum standards for civil turbojets to comply with stage 4 noise levels. General Rule. The Secretary shall issue regulations to ensure that, except as provided in section 47529 25 percent of the civil turbojets with a maximum weight of more than 75,000 pounds operating after December 31, 2020, to or from airports in the United States comply with the stage 4 noise levels established under subsection (a). 50 percent of such turbojets operating after December 31, 2025, to or from airports in the United States comply with the stage 4 noise levels. 75 percent of such turbojets operating after December 31, 2030, to or from airports in the United States comply with the stage 4 noise levels. And 100 percent of such turbojets operating after December 31, 2035, to or from airports in the United States comply with the stage 4 noise levels. Foreign-Flag Aircraft. International standards. The Secretary shall request the International Civil Aviation Organization to add to its Work Programme the consideration of international standards for the phase-out of aircraft that do not comply with stage 4 noise levels. Enforcement. The Secretary shall enforce the requirements of this section with respect to foreign-flag aircraft only to the extent that such enforcement is consistent with United States obligations under international agreements. Annual Report. Beginning with calendar year 2016 each air carrier shall submit to the Secretary an annual report on the progress the carrier is making toward complying with the requirements of this section and regulations issued to carry out this section. And the Secretary shall submit to Congress an annual report on the progress being made toward that compliance. Recertification Not Required. Limitation on statutory construction. Nothing in this section may be construed to require the recertification of a civil turbojet that has been retrofitted to comply with or otherwise already meets the stage 4 noise levels established under subsection (a). Means of demonstrating compliance with stage 4 noise levels. The Secretary shall specify means for demonstrating that an aircraft complies with stage 4 noise levels without requiring recertification.". Nonaddition Rule. In general. Section 47529 of such title is amended in subsection (a) in the matter preceding paragraph (1) by striking "subsonic". And by striking "November 4, 1990" and inserting "December 31, 2018". In paragraph (1) by striking "stage 3" and inserting "stage 4". And in paragraph (2) by striking "November 5, 1990" and inserting "January 1, 2019". In subsection (b) by striking "stage 3" and inserting "stage 4". And in subsection (c)(1) by striking "November 5, 1990" and inserting "January 1, 2019". Effective date. The amendments made by this subsection take effect on December 31, 2018. Conforming Amendments. In general. Chapter 475 of such title is amended in the chapter analysis by striking the item relating to section 47530 and inserting the following: "47530. Nonapplication of certain requirements to aircraft outside the 48 contiguous States.". And by adding at the end the following: "47535. Nonapplication of certain requirements to aircraft outside the 48 contiguous States.". In section 47530 by striking the section designation and heading and inserting the following: "Section 47530. Nonapplication of certain requirements to aircraft outside the 48 contiguous States", by striking "and 47529" and inserting ", 47529, and 47535", by striking "subsonic", by striking "November 4, 1990" and inserting "December 31, 2018", and by striking "stage 3" and inserting "stage 4". And in section 47531 by striking "or 47534" and inserting "47534, or 47535". Effective date. The amendments made by clauses (iii). and (v) of paragraph (1)(B) take effect on December 31, 2018.
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Silent Skies Act of 2013 - Directs the Administrator of the Federal Aviation Administration (FAA) to enter into a competitive cooperative agreement with an institution, entity, or consortium to carry out a program for the development of aircraft technology that will assist in-service and in-production civil turbojets not meeting stage 4 noise standards to comply with them or with more stringent noise standards. Directs the Secretary of Transportation (DOT) to issue regulations to establish minimum standards to ensure that graduated percentages of civil turbojets weighing over 75,000 pounds comply with the stage 4 noise levels by specified dates. Requires the Secretary to request the International Civil Aviation Organization to add to its Work Programme the consideration of international standards for the phase-out of aircraft not complying with stage 4 noise levels. Declares that the requirements of this Act shall not apply to civil turbojet aircraft that operate outside of the 48 contiguous states.
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Silent Skies Act of 2013
|
103_hr3480
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Apollo 11 Moon Landing 25th
Anniversary Commemorative Coin Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) One Dollar Silver Coins.--
(1) Issuance.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall issue not more
than 500,000 one dollar coins each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) be composed of 90 percent silver and 10 percent
copper.
(2) Design.--The design of the dollar coins shall be
emblematic of America's great achievement 25 years ago when
humans first landed on the Moon. On each coin shall be a
designation of the value of the coin, an inscription of the
year ``1994'', and inscriptions of the words ``Liberty'', ``In
God We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5132(a)(1) of title
31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for the coins minted under this
Act from stockpiles established under the Strategic and Critical
Minerals Stock Piling Act.
SEC. 4. SELECTION OF DESIGN.
The design for each coin authorized by this Act shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF THE COINS.
(a) Period for Issuance.--The coins minted under this Act may be
issued by the Secretary beginning on July 20, 1994.
(b) Termination of Authority.--Coins may not be minted under this
Act after July 19, 1995.
(c) Use of 1 Mint Facility.--Only 1 facility of the United States
Mint may be used to strike any quality of coin.
(d) Proof and Uncirculated Coins.--The coins minted under this Act
shall be issued in uncirculated and proof qualities.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
Secretary shall sell the coins minted under this Act at a price equal
to the face value, plus the cost of designing and issuing the coins
(including labor, materials, dies, use of machinery, and overhead
expenses).
(b) Bulk Sales.--The Secretary shall make any bulk sales of the
coins minted under this Act at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins minted under this Act prior to the issuance of such coins.
Sale prices with respect to such prepaid orders shall be at a
reasonable discount.
(d) Surcharge.--All sales of coins minted under this Act shall
include a surcharge of $10.00 per coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
The surcharges received by the Secretary from the sale of the coins
issued under this Act shall be promptly paid by the Secretary to the
Aerospace Education Alliance for the purpose of developing and
implementing a program to enhance the math and science skills of
America's teachers in grades kindergarten through grade 8, as part of
the national strategy to improve mathematics and science education.
SEC. 9. AUDITS.
The Comptroller General shall have the right to examine such books,
records, documents, and other data of the Aerospace Education Alliance
as may be related to the expenditure of amounts paid under section 8.
SEC. 10. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
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Apollo 11 Moon Landing 25th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) issue coins emblematic of humans first landing on the moon 25 years ago. And (2) pay surcharges received from coin sales to the Aerospace Education Alliance to develop and implement a math and science skills program for America's teachers in grades kindergarten through eight.
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Apollo 11 Moon Landing 25th Anniversary Commemorative Coin Act
| 5,053
| 387
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Apollo 11 Moon Landing 25th Anniversary Commemorative Coin Act". <SECTION-HEADER> COIN SPECIFICATIONS. One Dollar Silver Coins. Issuance. The Secretary of the Treasury shall issue not more than 500,000 one dollar coins each of which shall weigh 26.73 grams, have a diameter of 1.500 inches. And be composed of 90 percent silver and 10 percent copper. Design. The design of the dollar coins shall be emblematic of America's great achievement 25 years ago when humans first landed on the Moon. On each coin shall be a designation of the value of the coin, an inscription of the year "1994", and inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". Legal Tender. The coins minted under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. Numismatic Items. For purposes of section 5132(a)(1) of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. <SECTION-HEADER> SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act from stockpiles established under the Strategic and Critical Minerals Stock Piling Act. <SECTION-HEADER> SELECTION OF DESIGN. The design for each coin authorized by this Act shall be selected by the Secretary after consultation with the Commission of Fine Arts. And reviewed by the Citizens Commemorative Coin Advisory Committee. <SECTION-HEADER> ISSUANCE OF THE COINS. Period for Issuance. The coins minted under this Act may be issued by the Secretary beginning on July 20, 1994. Termination of Authority. Coins may not be minted under this Act after July 19, 1995. Use of 1 Mint Facility. Only 1 facility of the United States Mint may be used to strike any quality of coin. Proof and Uncirculated Coins. The coins minted under this Act shall be issued in uncirculated and proof qualities. <SECTION-HEADER> SALE OF COINS. Sale Price. Notwithstanding any other provision of law, the Secretary shall sell the coins minted under this Act at a price equal to the face value, plus the cost of designing and issuing the coins . Bulk Sales. The Secretary shall make any bulk sales of the coins minted under this Act at a reasonable discount. Prepaid Orders. The Secretary shall accept prepaid orders for the coins minted under this Act prior to the issuance of such coins. Sale prices with respect to such prepaid orders shall be at a reasonable discount. Surcharge. All sales of coins minted under this Act shall include a surcharge of $10.00 per coin. <SECTION-HEADER> GENERAL WAIVER OF PROCUREMENT REGULATIONS. In General. Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. Equal Employment Opportunity. Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. <SECTION-HEADER> DISTRIBUTION OF SURCHARGES. The surcharges received by the Secretary from the sale of the coins issued under this Act shall be promptly paid by the Secretary to the Aerospace Education Alliance for the purpose of developing and implementing a program to enhance the math and science skills of America's teachers in grades kindergarten through grade 8, as part of the national strategy to improve mathematics and science education. <SECTION-HEADER> AUDITS. The Comptroller General shall have the right to examine such books, records, documents, and other data of the Aerospace Education Alliance as may be related to the expenditure of amounts paid under section 8. <SECTION-HEADER> FINANCIAL ASSURANCES. No Net Cost to the Government. The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. Payment for Coins. A coin shall not be issued under this Act unless the Secretary has received full payment for the coin. Security satisfactory to the Secretary to indemnify the United States for full payment. Or a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.
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Apollo 11 Moon Landing 25th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) issue coins emblematic of humans first landing on the moon 25 years ago. And (2) pay surcharges received from coin sales to the Aerospace Education Alliance to develop and implement a math and science skills program for America's teachers in grades kindergarten through eight.
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Apollo 11 Moon Landing 25th Anniversary Commemorative Coin Act
|
114_hr453
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Relationships Act of 2015''.
SEC. 2. SEXUAL RISK AVOIDANCE EDUCATION.
(a) Grants.--The Secretary of Health and Human Services, acting
through the Administrator of the Health Resources and Services
Administration, may award grants on a competitive basis to public and
private entities to provide qualified sexual risk avoidance education
to youth and their parents.
(b) Qualified Sexual Risk Avoidance Education.--To qualify for
funding under subsection (a), sexual risk avoidance education shall
meet each of the following:
(1) The primary emphasis and context for each topic covered
through the funding shall be the unambiguous message that
postponing sexual activity is the optimal sexual health
behavior for youth.
(2) The education shall be medically accurate.
(3) The education shall be an evidence-based approach.
(4) The education shall be age-appropriate.
(5) The education shall thoroughly address each of the
following:
(A) The holistic individual and societal benefits
associated with personal responsibility, success
sequencing, self-regulation, goal setting, healthy
decisionmaking, and a focus on the future.
(B) The research-based advantage of reserving
sexual activity for marriage, as associated with
poverty prevention and optimal physical and emotional
health for all youth, regardless of previous sexual
experience.
(C) The skills needed to resist the pervasive, sex-
saturated culture that portrays teenage sexual activity
as an expected norm, with few risks or negative
consequences.
(D) The foundational components of healthy
relationships and their impact on the formation of
healthy marriages and safe and stable families.
(E) How to avoid sexual coercion, dating violence,
and risk behaviors, such as drugs, alcohol, and the
misuse of social media.
(6) The education shall ensure that any information
provided on contraception--
(A) emphasizes the superior health benefits of
sexual delay; and
(B) does not exaggerate the effectiveness of
contraception in preventing the physical and non-
physical consequences of teenage sexual activity.
(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing programs to
provide qualified sexual risk avoidance education that--
(1) serves youth throughout the middle and high school
grades; and
(2) will promote parent-child communication regarding
healthy sexual decisionmaking.
(d) Definitions.--In this Act:
(1) The term ``age-appropriate'' means appropriate for the
general developmental and social maturity of the age group (as
opposed to the cognitive ability to understand a topic, or the
atypical development, of a small segment of the targeted
population).
(2) The term ``evidence-based approach'' means an approach
that--
(A) has a clear theoretical framework integrating
research findings with practical implementation
relevant to the field;
(B) matches the needs and desired outcomes for the
intended audience; and
(C) if effectively implemented, will demonstrate
improved outcomes for the targeted population.
(3) The term ``medically accurate'' means referenced to
peer-reviewed research by medical, educational, scientific,
governmental, or public health publications, organizations, or
agencies.
(4) The term ``sexual risk avoidance'' means voluntarily
refraining from sexual activity.
(5) The term ``sexual activity'' means genital contact or
sexual stimulation for the purpose of arousal, including sexual
intercourse.
(6) The term ``success sequencing'' means increasing the
chance of avoiding poverty by means of progression through the
following behavorial benchmarks in the following sequence:
completing school, securing a job, and marrying before bearing
children.
(e) Authorization of Appropriations.--
(1) In general.--To carry out this Act, there is authorized
to be appropriated $110,000,000 for each of fiscal years 2016
through 2020. Amounts authorized to be appropriated by the
preceding sentence shall be derived exclusively from amounts in
the Prevention and Public Health Fund established by section
4002 of the Patient Protection and Affordable Care Act (42
U.S.C. 300u-11).
(2) Federal administrative costs.--Of the amount authorized
to be appropriated by paragraph (1) for a fiscal year--
(A) not more than $1,000,000 are authorized to be
used for Federal administrative costs; and
(B) of the amount used by the Secretary for
administrative costs, at least 40 percent shall be used
for training and technical assistance by qualified
organizations whose--
(i) sole focus is the development and
advancement of sexual risk avoidance;
(ii) have expertise in theory-based sexual
risk avoidance curriculum development and
implementation;
(iii) have direct experience in developing
sexual risk avoidance evaluation instruments;
and
(iv) can offer technical assistance and
training on a wide range of topics relevant to
the sexual risk avoidance field.
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Healthy Relationships Act of 2015 This bill authorizes the Health Resources and Services Administration to award grants for qualified sexual risk avoidance education for youth and their parents. The unambiguous message that postponing sexual activity is the optimal sexual health behavior for youth must be the primary emphasis and context for each topic covered by the education. The education must be age appropriate, medically accurate, and evidence based. The education must address specified topics, including: the benefits associated with personal responsibility, success sequencing , goal setting, healthy decision making, and a focus on the future, the research-based advantage of reserving sexual activity for marriage, the skills needed to resist the pervasive, sex-saturated culture, the foundational components of healthy relationships. And how to avoid sexual coercion, dating violence, and risk behaviors, such as drugs, alcohol, and the misuse of social media. Priority in awarding grants must be given to programs serving youth in middle school and high school that will promote parent-child communication regarding healthy sexual decision making.
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Healthy Relationships Act of 2015
| 6,402
| 1,163
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Healthy Relationships Act of 2015". <SECTION-HEADER> SEXUAL RISK AVOIDANCE EDUCATION. Grants. The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, may award grants on a competitive basis to public and private entities to provide qualified sexual risk avoidance education to youth and their parents. Qualified Sexual Risk Avoidance Education. To qualify for funding under subsection (a), sexual risk avoidance education shall meet each of the following: The primary emphasis and context for each topic covered through the funding shall be the unambiguous message that postponing sexual activity is the optimal sexual health behavior for youth. The education shall be medically accurate. The education shall be an evidence-based approach. The education shall be age-appropriate. The education shall thoroughly address each of the following: The holistic individual and societal benefits associated with personal responsibility, success sequencing, self-regulation, goal setting, healthy decisionmaking, and a focus on the future. The research-based advantage of reserving sexual activity for marriage, as associated with poverty prevention and optimal physical and emotional health for all youth, regardless of previous sexual experience. The skills needed to resist the pervasive, sex- saturated culture that portrays teenage sexual activity as an expected norm, with few risks or negative consequences. The foundational components of healthy relationships and their impact on the formation of healthy marriages and safe and stable families. How to avoid sexual coercion, dating violence, and risk behaviors, such as drugs, alcohol, and the misuse of social media. The education shall ensure that any information provided on contraception emphasizes the superior health benefits of sexual delay. And does not exaggerate the effectiveness of contraception in preventing the physical and non- physical consequences of teenage sexual activity. Priority. In awarding grants under subsection (a), the Secretary shall give priority to applicants proposing programs to provide qualified sexual risk avoidance education that serves youth throughout the middle and high school grades. And will promote parent-child communication regarding healthy sexual decisionmaking. Definitions. In this Act: The term "age-appropriate" means appropriate for the general developmental and social maturity of the age group . The term "evidence-based approach" means an approach that has a clear theoretical framework integrating research findings with practical implementation relevant to the field, matches the needs and desired outcomes for the intended audience. And if effectively implemented, will demonstrate improved outcomes for the targeted population. The term "medically accurate" means referenced to peer-reviewed research by medical, educational, scientific, governmental, or public health publications, organizations, or agencies. The term "sexual risk avoidance" means voluntarily refraining from sexual activity. The term "sexual activity" means genital contact or sexual stimulation for the purpose of arousal, including sexual intercourse. The term "success sequencing" means increasing the chance of avoiding poverty by means of progression through the following behavorial benchmarks in the following sequence: completing school, securing a job, and marrying before bearing children. Authorization of Appropriations. In general. To carry out this Act, there is authorized to be appropriated $110,000,000 for each of fiscal years 2016 through 2020. Amounts authorized to be appropriated by the preceding sentence shall be derived exclusively from amounts in the Prevention and Public Health Fund established by section 4002 of the Patient Protection and Affordable Care Act . Federal administrative costs. Of the amount authorized to be appropriated by paragraph (1) for a fiscal year not more than $1,000,000 are authorized to be used for Federal administrative costs. And of the amount used by the Secretary for administrative costs, at least 40 percent shall be used for training and technical assistance by qualified organizations whose sole focus is the development and advancement of sexual risk avoidance. Have expertise in theory-based sexual risk avoidance curriculum development and implementation, have direct experience in developing sexual risk avoidance evaluation instruments. And can offer technical assistance and training on a wide range of topics relevant to the sexual risk avoidance field.
|
Healthy Relationships Act of 2015 This bill authorizes the Health Resources and Services Administration to award grants for qualified sexual risk avoidance education for youth and their parents. The unambiguous message that postponing sexual activity is the optimal sexual health behavior for youth must be the primary emphasis and context for each topic covered by the education. The education must be age appropriate, medically accurate, and evidence based. The education must address specified topics, including: the benefits associated with personal responsibility, success sequencing , goal setting, healthy decision making, and a focus on the future, the research-based advantage of reserving sexual activity for marriage, the skills needed to resist the pervasive, sex-saturated culture, the foundational components of healthy relationships. And how to avoid sexual coercion, dating violence, and risk behaviors, such as drugs, alcohol, and the misuse of social media. Priority in awarding grants must be given to programs serving youth in middle school and high school that will promote parent-child communication regarding healthy sexual decision making.
|
Healthy Relationships Act of 2015
|
107_s861
|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Governmentwide Mentor-Protege
Program Act of 2001''.
SEC. 2. MENTOR-PROTEGE PROGRAM.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 36 as section 37; and
(2) by inserting after section 35 the following:
``SEC. 36. MENTOR-PROTEGE PROGRAM.
``(a) Establishment of Program.--The Administrator shall establish
a Program to be known as the `Governmentwide Mentor-Protege Program'.
``(b) Purposes.--The purposes of the Program are to provide--
``(1) incentives for major Federal contractors to assist
eligible small business concerns to enhance the capabilities of
eligible small business concerns to perform as subcontractors
and suppliers under Federal contracts in order to increase the
participation of eligible small business concerns as
subcontractors and suppliers under those contracts; and
``(2) Governmentwide criteria for partial reimbursement of
certain agency costs incurred in the administration of the
Program.
``(c) Program Participants.--
``(1) Mentor firms.--A mentor firm may enter into
agreements under subsection (e) and furnish assistance to
eligible small business concerns upon making application to the
head of the agency for which it is contracting and being
approved for participation in the Program by the head of the
agency.
``(2) Eligible small business concerns.--
``(A) In general.--An eligible small business
concern may obtain assistance from a mentor firm upon
entering into an agreement with the mentor firm to
become a protege firm, as provided in subsection (e).
``(B) Restriction.--A protege firm may not be a
party to more than one agreement to receive assistance
described in subparagraph (A) at any time.
``(3) Certification.--
``(A) In general.--Before receiving assistance from
a mentor firm under this section, a small business
concern shall furnish to the mentor firm--
``(i) if the Administration regularly
issues certifications of qualification for the
category of that small business concern listed
in subsection (k)(1), that certification; and
``(ii) if the Administration does not
regularly issue certifications of qualification
for the category of that small business concern
listed in subsection (k)(1), a statement
indicating that it is an eligible small
business concern.
``(B) Development of certification.--Nothing in
this section shall be construed to require the
Administration to develop a certification program for
any category of small business concern listed in
subsection (k)(1).
``(C) Assistance to non-eligible small business
concern.--If at any time, a small business concern is
determined by the Administration not to be an eligible
small business concern in accordance with this
section--
``(i) the small business concern shall
immediately notify the mentor firm of the
determination; and
``(ii) assistance furnished to that small
business concern by the mentor firm after the
date of the determination may not be considered
to be assistance furnished under the Program.
``(d) Mentor Firm Eligibility.--
``(1) In general.--Subject to subsection (c)(1), a mentor
firm that is eligible for award of Federal contracts may enter
into an agreement with one or more protege firms under
subsection (e) and provide assistance under the Program
pursuant to that agreement, if the mentor firm demonstrates to
the subject agency the capability to assist in the development
of protege firms.
``(2) Presumption of capability.--A mentor firm shall be
presumed to be capable under paragraph (1) if the total amount
of contracts and subcontracts that the mentor firm has entered
into with the subject agency exceeds an amount determined by
the Administrator, in consultation with the head of the subject
agency, to be significant relative to the contracting volume of
the subject agency.
``(e) Mentor-Protege Agreement.--
``(1) In general.--Before providing assistance to a protege
firm under the Program, a mentor firm shall enter into a
mentor-protege agreement with the protege firm regarding the
assistance to be provided by the mentor firm.
``(2) Contents of agreement.--The agreement required by
paragraph (1) shall include--
``(A) a developmental program for the protege firm,
in such detail as may be reasonable, including--
``(i) factors to assess the developmental
progress of the protege firm under the Program;
and
``(ii) the anticipated number and type of
subcontracts to be awarded to the protege firm;
``(B) a Program participation term of not longer
than 3 years, except that the term may be for a period
of not longer than 5 years if the Administrator
determines, in writing, that unusual circumstances
justify a Program participation term of longer than 3
years; and
``(C) procedures for the protege firm to terminate
the agreement voluntarily and for the mentor firm to
terminate the agreement for cause.
``(f) Forms of Assistance.--A mentor firm may provide to a protege
firm--
``(1) assistance using mentor firm personnel, in--
``(A) general business management, including
organizational management, financial management, and
personnel management, marketing, business development,
and overall business planning;
``(B) engineering and technical matters, including
production, inventory control, and quality assurance;
and
``(C) any other assistance designed to develop the
capabilities of the protege firm under the
developmental program referred to in subsection
(e)(2)(A);
``(2) the award of subcontracts on a noncompetitive basis
under Federal contracts;
``(3) progress payments for performance of the protege firm
under a subcontract referred to in paragraph (2), in amounts as
provided for in the subcontract, except that no such progress
payment may exceed 100 percent of the costs incurred by the
protege firm for the performance;
``(4) advance payments under subcontracts referred to in
paragraph (2);
``(5) loans;
``(6) cash in exchange for an ownership interest in the
protege firm, not to exceed 10 percent of the total ownership
interest;
``(7) assistance obtained by the mentor firm for the
protege firm from--
``(A) small business development centers
established pursuant to section 21;
``(B) entities providing procurement technical
assistance pursuant to chapter 142 of title 10, United
States Code; or
``(C) a historically Black college or university or
a minority institution of higher education.
``(g) Incentives for Mentor Firms.--
``(1) Reimbursement for progress or advance payment.--The
head of the agency for which a mentor firm is contracting may
provide to a mentor firm reimbursement for the total amount of
any progress payment or advance payment made under the Program
by the mentor firm to a protege firm in connection with a
Federal contract awarded to the mentor firm.
``(2) Reimbursement for mentoring assistance.--
``(A) Mentor firm.--The head of the agency for
which a mentor firm is contracting may provide to a
mentor firm reimbursement for the costs of the
assistance furnished to a protege firm pursuant to
paragraphs (1) and (7) of subsection (f), as provided
for in a line item in a Federal contract under which
the mentor firm is furnishing products or services to
the agency, subject to a maximum amount of
reimbursement specified in the contract, except that
this subparagraph does not apply in a case in which the
head of the agency determines in writing that unusual
circumstances justify reimbursement using a separate
contract.
``(B) Total amount of reimbursement.--The total
amount reimbursed under subparagraph (A) to a mentor
firm for costs of assistance furnished in a fiscal year
to a protege firm may not exceed $1,000,000, except in
a case in which the head of the subject agency
determines in writing that unusual circumstances
justify reimbursement of a higher amount.
``(C) Reimbursement to agency.--The head of an
agency may submit documentation to the Administrator
indicating the total amount of reimbursement that the
agency paid to each mentor firm under this paragraph,
and the agency shall be reimbursed by the
Administration for not more than 50 percent of that
total amount, as indicated in the documentation.
``(3) Costs not reimbursed.--
``(A) In general.--
``(i) Credit.--Costs incurred by a mentor
firm in providing assistance to a protege firm
that are not reimbursed pursuant to paragraph
(2) shall be recognized as credit in lieu of
subcontract awards for purposes of determining
whether the mentor firm attains a
subcontracting participation goal applicable to
the mentor firm under a Federal contract or
under a divisional or companywide
subcontracting plan negotiated with an agency.
``(ii) Subject agency authority.--Clause
(i) shall not be construed to authorize the
negotiation of divisional or companywide
subcontracting plans by an agency that did not
have such authority before the date of
enactment of the Governmentwide Mentor-Protege
Program Act of 2001.
``(B) Amount of credit.--The amount of the credit
given to a mentor firm for unreimbursed costs described
in subparagraph (A) shall be equal to--
``(i) 4 times the total amount of the
unreimbursed costs attributable to assistance
provided by entities described in subsection
(f)(7);
``(ii) 3 times the total amount of the
unreimbursed costs attributable to assistance
furnished by the employees of the mentor firm;
and
``(iii) 2 times the total amount of any
other unreimbursed costs.
``(C) Adjustment of credit.--Under regulations
issued by the Administrator pursuant to subsection (j),
the head of the subject agency shall adjust the amount
of credit given to a mentor firm pursuant to
subparagraphs (A) and (B) of this paragraph, if the
head of the subject agency determines that the
performance of the mentor firm regarding the award of
subcontracts to eligible small business concerns has
declined without justifiable cause.
``(h) Administrative Provisions.--
``(1) Developmental assistance.--For purposes of this Act,
no determination of affiliation or control (either direct or
indirect) may be found between a protege firm and its mentor
firm on the basis that the mentor firm has agreed to furnish
(or has furnished) to the protege firm pursuant to a mentor-
protege agreement under this section any form of developmental
assistance described in subsection (f).
``(2) Participation in program.--Notwithstanding section 8,
the Administration may not determine an eligible small business
concern to be ineligible to receive any assistance authorized
under this Act on the basis that the small business concern has
participated in the Program, or has received assistance
pursuant to any developmental assistance agreement authorized
under the Program.
``(3) Administration review.--
``(A) In general.--Upon determining that the
mentor-protege program administered by the subject
agency conforms to the standards set forth in the rules
issued under subsection (j)(1), the Administrator may
not require a small business concern that is entering
into, or has entered into, an agreement under
subsection (e) as a protege firm, or a firm that makes
an application under subsection (c)(1), to submit the
application, agreement, or any other document required
by the agency in the administration of the Program to
the Administration for review, approval, or any other
purpose.
``(B) Exception.--The Administrator may require
submission for review of an agreement entered into
under subsection (e), or application submitted under
subsection (c)(1), if the agreement or application
relates to--
``(i) a mentor-protege program administered
by the agency that does not conform to the
standards set forth in the rules issued under
subsection (j)(1); or
``(ii) a claim for reimbursement of costs
submitted by an agency to the Administration
under subsection (g)(2)(C) that the
Administrator has reason to believe is not
authorized under this section.
``(i) Participation in Program Not To Be a Condition for Award of a
Contract or Subcontract.--A mentor firm may not require a small
business concern to enter into an agreement with the mentor firm
pursuant to subsection (e) as a condition for being awarded a contract
by the mentor firm, including a subcontract under a contract awarded to
the mentor firm.
``(j) Regulations.--
``(1) Proposed rules.--Not later than 270 days after the
date of enactment of the Governmentwide Mentor-Protege Program
Act of 2001, the Administrator shall issue final rules to carry
out this section.
``(2) Proposed rules from the federal acquisition
regulatory council.--Not later than 180 days after the date of
issuance of the final rules of the Administration under
paragraph (1), the Federal Acquisition Regulatory Council shall
publish final rules that conform to the final rules issued by
the Administration.
``(k) Definitions.--In this section--
``(1) the term `eligible small business concern' means--
``(A) any qualified HUBZone small business concern,
as defined in section 3(p)(5);
``(B) any small business concern that is owned and
controlled by women, as defined in section 3(n);
``(C) any small business concern that is owned and
controlled by socially and economically disadvantaged
individuals, as defined in section 8(a)(4); and
``(D) any small business concern that is owned and
controlled by service-disabled veterans, as defined in
section 3(q)(2);
``(2) the term `historically Black college and university'
means any of the historically Black colleges and universities
referred to in section 2323 of title 10, United States Code;
``(3) the term `mentor firm' means a business concern
that--
``(A) meets the requirements of subsection (d); and
``(B) is approved for participation in the Program
under subsection (c)(1);
``(4) the term `minority institution of higher education'
means an institution of higher education with a student body
that reflects the composition specified in paragraphs (3), (4),
and (5) of section 312(b) of the Higher Education Act of 1965
(20 U.S.C. 1058(b)(3), (4), (5));
``(5) the term `Program' means the Mentor-Protege Program
established under this section;
``(6) the term `protege firm' means an eligible small
business concern that receives assistance from a mentor firm
under this section; and
``(7) the term `subcontracting participation goal', with
respect to a Federal Government contract, means a goal for the
extent of the participation by eligible small business concerns
in the subcontracts awarded under such contract, as established
by the Administrator and the subject agency head, in accordance
with the goals established pursuant to section 15(g).
``(l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2002 through 2004.''.
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Governmentwide Mentor-Protege Program Act of 2001 - Amends the Small Business Act to direct the Administrator of the Small Business Administration to establish the Governmentwide Mentor-Protege Program under which major Federal contractors assist eligible small businesses to perform as subcontractors and suppliers under Federal contracts. Requires a mentor-protege agreement regarding the assistance to be provided. Provides incentives for mentor firms to enter into such agreements, including reimbursement for progress or advance payments made to protege firms in connection with a Federal contract, as well as reimbursement for mentoring assistance . Prohibits a mentor firm from requiring an eligible small business to enter into an agreement as a condition for the award of a contract or subcontract. Makes eligible for such Program: (1) any qualified HUBZone small business. And (2) any small business owned and controlled by women, socially and economically disadvantaged individuals, or service-disabled veterans.
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A bill to enhance small business access to Federal contracting opportunities and provide technical advice and support that small businesses need to perform contracts awarded to them, and for other purposes.
| 19,460
| 1,023
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Governmentwide Mentor-Protege Program Act of 2001". <SECTION-HEADER> MENTOR-PROTEGE PROGRAM. The Small Business Act is amended by redesignating section 36 as section 37. And by inserting after section 35 the following: "Section 36. MENTOR-PROTEGE PROGRAM. Establishment of Program. The Administrator shall establish a Program to be known as the `Governmentwide Mentor-Protege Program'. Purposes. The purposes of the Program are to provide incentives for major Federal contractors to assist eligible small business concerns to enhance the capabilities of eligible small business concerns to perform as subcontractors and suppliers under Federal contracts in order to increase the participation of eligible small business concerns as subcontractors and suppliers under those contracts. And Governmentwide criteria for partial reimbursement of certain agency costs incurred in the administration of the Program. Program Participants. Mentor firms. A mentor firm may enter into agreements under subsection (e) and furnish assistance to eligible small business concerns upon making application to the head of the agency for which it is contracting and being approved for participation in the Program by the head of the agency. Eligible small business concerns. In general. An eligible small business concern may obtain assistance from a mentor firm upon entering into an agreement with the mentor firm to become a protege firm, as provided in subsection (e). Restriction. A protege firm may not be a party to more than one agreement to receive assistance described in subparagraph (A) at any time. Certification. In general. Before receiving assistance from a mentor firm under this section, a small business concern shall furnish to the mentor firm if the Administration regularly issues certifications of qualification for the category of that small business concern listed in subsection (k)(1), that certification. And if the Administration does not regularly issue certifications of qualification for the category of that small business concern listed in subsection (k)(1), a statement indicating that it is an eligible small business concern. Development of certification. Nothing in this section shall be construed to require the Administration to develop a certification program for any category of small business concern listed in subsection (k)(1). Assistance to non-eligible small business concern. If at any time, a small business concern is determined by the Administration not to be an eligible small business concern in accordance with this section the small business concern shall immediately notify the mentor firm of the determination. And assistance furnished to that small business concern by the mentor firm after the date of the determination may not be considered to be assistance furnished under the Program. Mentor Firm Eligibility. In general. Subject to subsection (c)(1), a mentor firm that is eligible for award of Federal contracts may enter into an agreement with one or more protege firms under subsection (e) and provide assistance under the Program pursuant to that agreement, if the mentor firm demonstrates to the subject agency the capability to assist in the development of protege firms. Presumption of capability. A mentor firm shall be presumed to be capable under paragraph (1) if the total amount of contracts and subcontracts that the mentor firm has entered into with the subject agency exceeds an amount determined by the Administrator, in consultation with the head of the subject agency, to be significant relative to the contracting volume of the subject agency. Mentor-Protege Agreement. In general. Before providing assistance to a protege firm under the Program, a mentor firm shall enter into a mentor-protege agreement with the protege firm regarding the assistance to be provided by the mentor firm. Contents of agreement. The agreement required by paragraph (1) shall include a developmental program for the protege firm, in such detail as may be reasonable, including factors to assess the developmental progress of the protege firm under the Program. And the anticipated number and type of subcontracts to be awarded to the protege firm. A Program participation term of not longer than 3 years, except that the term may be for a period of not longer than 5 years if the Administrator determines, in writing, that unusual circumstances justify a Program participation term of longer than 3 years. And procedures for the protege firm to terminate the agreement voluntarily and for the mentor firm to terminate the agreement for cause. Forms of Assistance. A mentor firm may provide to a protege firm assistance using mentor firm personnel, in general business management, including organizational management, financial management, and personnel management, marketing, business development, and overall business planning. Engineering and technical matters, including production, inventory control, and quality assurance. And any other assistance designed to develop the capabilities of the protege firm under the developmental program referred to in subsection (2)(A). The award of subcontracts on a noncompetitive basis under Federal contracts. Progress payments for performance of the protege firm under a subcontract referred to in paragraph (2), in amounts as provided for in the subcontract, except that no such progress payment may exceed 100 percent of the costs incurred by the protege firm for the performance, advance payments under subcontracts referred to in paragraph (2), loans. Cash in exchange for an ownership interest in the protege firm, not to exceed 10 percent of the total ownership interest. Assistance obtained by the mentor firm for the protege firm from small business development centers established pursuant to section 21. Entities providing procurement technical assistance pursuant to chapter 142 of title 10, United States Code. Or a historically Black college or university or a minority institution of higher education. Incentives for Mentor Firms. Reimbursement for progress or advance payment. The head of the agency for which a mentor firm is contracting may provide to a mentor firm reimbursement for the total amount of any progress payment or advance payment made under the Program by the mentor firm to a protege firm in connection with a Federal contract awarded to the mentor firm. Reimbursement for mentoring assistance. Mentor firm. The head of the agency for which a mentor firm is contracting may provide to a mentor firm reimbursement for the costs of the assistance furnished to a protege firm pursuant to paragraphs (1) and (7) of subsection (f), as provided for in a line item in a Federal contract under which the mentor firm is furnishing products or services to the agency, subject to a maximum amount of reimbursement specified in the contract, except that this subparagraph does not apply in a case in which the head of the agency determines in writing that unusual circumstances justify reimbursement using a separate contract. Total amount of reimbursement. The total amount reimbursed under subparagraph (A) to a mentor firm for costs of assistance furnished in a fiscal year to a protege firm may not exceed $1,000,000, except in a case in which the head of the subject agency determines in writing that unusual circumstances justify reimbursement of a higher amount. Reimbursement to agency. The head of an agency may submit documentation to the Administrator indicating the total amount of reimbursement that the agency paid to each mentor firm under this paragraph, and the agency shall be reimbursed by the Administration for not more than 50 percent of that total amount, as indicated in the documentation. Costs not reimbursed. In general. Credit. Costs incurred by a mentor firm in providing assistance to a protege firm that are not reimbursed pursuant to paragraph shall be recognized as credit in lieu of subcontract awards for purposes of determining whether the mentor firm attains a subcontracting participation goal applicable to the mentor firm under a Federal contract or under a divisional or companywide subcontracting plan negotiated with an agency. Subject agency authority. Clause shall not be construed to authorize the negotiation of divisional or companywide subcontracting plans by an agency that did not have such authority before the date of enactment of the Governmentwide Mentor-Protege Program Act of 2001. Amount of credit. The amount of the credit given to a mentor firm for unreimbursed costs described in subparagraph (A) shall be equal to 4 times the total amount of the unreimbursed costs attributable to assistance provided by entities described in subsection (7). 3 times the total amount of the unreimbursed costs attributable to assistance furnished by the employees of the mentor firm. And 2 times the total amount of any other unreimbursed costs. Adjustment of credit. Under regulations issued by the Administrator pursuant to subsection (j), the head of the subject agency shall adjust the amount of credit given to a mentor firm pursuant to subparagraphs (A) and (B) of this paragraph, if the head of the subject agency determines that the performance of the mentor firm regarding the award of subcontracts to eligible small business concerns has declined without justifiable cause. Administrative Provisions. Developmental assistance. For purposes of this Act, no determination of affiliation or control may be found between a protege firm and its mentor firm on the basis that the mentor firm has agreed to furnish to the protege firm pursuant to a mentor- protege agreement under this section any form of developmental assistance described in subsection (f). Participation in program. Notwithstanding section 8, the Administration may not determine an eligible small business concern to be ineligible to receive any assistance authorized under this Act on the basis that the small business concern has participated in the Program, or has received assistance pursuant to any developmental assistance agreement authorized under the Program. Administration review. In general. Upon determining that the mentor-protege program administered by the subject agency conforms to the standards set forth in the rules issued under subsection (j)(1), the Administrator may not require a small business concern that is entering into, or has entered into, an agreement under subsection (e) as a protege firm, or a firm that makes an application under subsection (c)(1), to submit the application, agreement, or any other document required by the agency in the administration of the Program to the Administration for review, approval, or any other purpose. Exception. The Administrator may require submission for review of an agreement entered into under subsection (e), or application submitted under subsection (c)(1), if the agreement or application relates to a mentor-protege program administered by the agency that does not conform to the standards set forth in the rules issued under subsection (j)(1). Or a claim for reimbursement of costs submitted by an agency to the Administration under subsection (g)(2)(C) that the Administrator has reason to believe is not authorized under this section. Participation in Program Not To Be a Condition for Award of a Contract or Subcontract. A mentor firm may not require a small business concern to enter into an agreement with the mentor firm pursuant to subsection (e) as a condition for being awarded a contract by the mentor firm, including a subcontract under a contract awarded to the mentor firm. Regulations. Proposed rules. Not later than 270 days after the date of enactment of the Governmentwide Mentor-Protege Program Act of 2001, the Administrator shall issue final rules to carry out this section. Proposed rules from the federal acquisition regulatory council. Not later than 180 days after the date of issuance of the final rules of the Administration under paragraph (1), the Federal Acquisition Regulatory Council shall publish final rules that conform to the final rules issued by the Administration. Definitions. In this section the term `eligible small business concern' means any qualified HUBZone small business concern, as defined in section 3(p)(5). Any small business concern that is owned and controlled by women, as defined in section 3(n). Any small business concern that is owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(a)(4). And any small business concern that is owned and controlled by service-disabled veterans, as defined in section 3(q)(2). The term `historically Black college and university' means any of the historically Black colleges and universities referred to in section 2323 of title 10, United States Code. The term `mentor firm' means a business concern that meets the requirements of subsection (d). And is approved for participation in the Program under subsection (c)(1). The term `minority institution of higher education' means an institution of higher education with a student body that reflects the composition specified in paragraphs (3), (4), and (5) of section 312(b) of the Higher Education Act of 1965 (20 USC. 1058(b)(3), (4), (5)). The term `Program' means the Mentor-Protege Program established under this section. The term `protege firm' means an eligible small business concern that receives assistance from a mentor firm under this section. And the term `subcontracting participation goal', with respect to a Federal Government contract, means a goal for the extent of the participation by eligible small business concerns in the subcontracts awarded under such contract, as established by the Administrator and the subject agency head, in accordance with the goals established pursuant to section 15(g). Authorization of Appropriations. There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2002 through 2004.".
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Governmentwide Mentor-Protege Program Act of 2001 - Amends the Small Business Act to direct the Administrator of the Small Business Administration to establish the Governmentwide Mentor-Protege Program under which major Federal contractors assist eligible small businesses to perform as subcontractors and suppliers under Federal contracts. Requires a mentor-protege agreement regarding the assistance to be provided. Provides incentives for mentor firms to enter into such agreements, including reimbursement for progress or advance payments made to protege firms in connection with a Federal contract, as well as reimbursement for mentoring assistance . Prohibits a mentor firm from requiring an eligible small business to enter into an agreement as a condition for the award of a contract or subcontract. Makes eligible for such Program: (1) any qualified HUBZone small business. And (2) any small business owned and controlled by women, socially and economically disadvantaged individuals, or service-disabled veterans.
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A bill to enhance small business access to Federal contracting opportunities and provide technical advice and support that small businesses need to perform contracts awarded to them, and for other purposes.
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110_s3347
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Put School Counselors Where They're
Needed Act''.
SEC. 2. DEMONSTRATION PROJECT FOR ADDITIONAL SECONDARY SCHOOL
COUNSELORS.
(a) In General.--Part H of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6551 et seq.) is amended by adding at
the end the following:
``Subpart 3--Demonstration Project for Additional Secondary School
Counselors
``SEC. 1841. FINDINGS.
``Congress finds the following:
``(1) Nationally, only 70 percent of students graduate from
high school with a regular high school diploma.
``(2) Every school day, 7,000 high school students in the
United States become dropouts.
``(3) High school students living in low-income families
drop out of school at 6 times the rate of their peers from
high-income families.
``(4) Only about 55 percent of African-American students
and 52 percent of Hispanic students graduate on time from high
school with a regular diploma, compared to 78 percent of white
students.
``(5) The dropout rate for students with disabilities is
approximately twice that of general education students.
``(6) High school is the final transition into adulthood
and the world of work as students begin separating from parents
and exploring and defining their independence. Students who are
deciding who they are and what they will do when they graduate
face many pressures, including high-stakes testing, the
challenges of college admissions, the scholarship and financial
aid application process, and entrance into a competitive job
market. They need guidance in these complex decisions, which
have serious and life changing consequences.
``(7) School counseling programs are essential for students
to achieve optimal personal growth, acquire positive social
skills and values, set appropriate career goals, and realize
full academic potential to become productive, contributing
members of the world community.
``(8) Professional secondary school counselors are highly
qualified educators with a mental health perspective who
understand and respond to the challenges presented by today's
diverse student population.
``(9) The professional secondary school counselor holds a
master's degree or higher in school counseling (or the
substantial equivalent), and is certified or licensed by the
State in which the counselor works.
``(10) Professional secondary school counselors are
integral to the total educational program. They provide
proactive leadership that engages all stakeholders in the
delivery of programs and services to help the student achieve
success in school. Professional secondary school counselors
align and work with the school's mission to support the
academic achievement of all students as they prepare for the
ever-changing world of the 21st century.
``(11) Professional secondary school counselors'
opportunities to assist students are often hindered by
extraordinarily high student-to-counselor ratios. Currently,
the average student-to-counselor ratio in America's public
schools is 479 to 1. The American School Counselor Association,
the American Counseling Association, and the National
Association for College Admissions Counseling all recommend a
ratio of 1 school counselor to 250 students and a lower ratio
for counselors working primarily with students at risk.
``SEC. 1842. DEMONSTRATION PROJECT.
``(a) In General.--From amounts made available to carry out this
subpart, the Secretary shall carry out a demonstration project under
which the Secretary makes grants on a competitive basis to secondary
schools that receive funds under this title and have a 4-year adjusted
cohort graduation rate of 60 percent or lower.
``(b) Grants.--A grant under this section shall be for a period of
4 years and may be used--
``(1) to provide additional school counselors during that
period; and
``(2) to provide additional resources (such as professional
development expenses or travel expenses for home visits, and
any services and materials referred to in subsection (d)) and
to pay overhead expenses.
``(c) Sense of Congress.--It is the sense of Congress that a
secondary school that receives a grant under this section should aim to
provide, under subsection (b)(1), 1 additional counselor per 250
students at risk.
``(d) Scope of Counseling.--The additional school counselors
provided with funds under this subpart shall identify students who are
at risk of not graduating in 4 years and shall provide counseling
primarily to those students. The counselors may identify such students
at any time, but shall strive to identify the students before the
students enter grade 9. Services shall be provided as long as
necessary, including to the extent allowable and appropriate, after the
student's cohort graduation date. The counseling provided--
``(1) may include a full panoply of services, including an
individual graduation plan and other resources, such as
appropriate course placement and supplemental services (to
include not only supplemental educational services tutoring if
available at the school site, but also other tutoring as
necessary, along with supplemental books and materials); and
``(2) shall include meetings with each student identified
under this subsection and with the teachers, tutors,
supplemental educational services providers, and parents of the
student, and may also include meetings with other relevant
individuals, such as a probation officer, mentor, coach, or
employer of the student.
``(e) Supplement Not Supplant.--Funds provided under this subpart
shall be used to supplement, and not supplant, funds from non-Federal
sources available to carry out activities described in this section.
The additional school counselors provided through funds under this
subpart shall be in addition to any employees who work in the secondary
school guidance or counseling office, such as counselors, college
admissions specialists, career development specialists, guidance
information specialists, or any other professional or paraprofessional.
``(f) Additional Grant Periods.--
``(1) In general.--A secondary school that receives a grant
under this section and demonstrates adequate improvement over
the period of the grant is eligible to receive a second grant
for a second period. If the secondary school again demonstrates
adequate improvement over that second period, the school is
eligible to receive a third grant for a third period. The third
grant shall provide amounts that decrease for each year of the
third period and require the school to provide corresponding
increases in non-Federal funds.
``(2) Adequate improvement.--For purposes of paragraph (1),
a school demonstrates adequate improvement over a grant period
if the 4-year adjusted cohort graduation rate increases (or is
projected to increase) by 10 percent or more over that period.
``(g) Selection.--The Secretary shall carry out the demonstration
project under this section in not less than 10 schools. The first 5
schools selected to participate shall each be from a different State.
``SEC. 1843. DEFINITIONS.
``In this subpart:
``(1) 4-year adjusted cohort graduation rate.--The term `4-
year adjusted cohort graduation rate' means the number of
students who earned a regular high school diploma at the
conclusion of their fourth year, before their fourth year, or
during a summer session immediately following their fourth
year, divided by the number of students who formed the adjusted
cohort for that graduating class.
``(2) Adjusted cohort.--
``(A) In general.--Subject to subparagraphs (B),
(C), (D), (E), and (F), the term `adjusted cohort'
means the students who entered grade 9 together, and
any students that transferred into the cohort in grade
9 through 12 minus any students removed from the cohort
as described in subparagraph (C).
``(B) Transfers in.--The term `transfers in' means
enrolls or re-enrolls after the beginning of the
entering cohort's first year in high school, up to and
including in grade 12.
``(C) Cohort removal.--To remove students from a
cohort, the school or local educational agency shall
confirm that the student--
``(i) has transferred out;
``(ii) is in the custody of the juvenile
justice system; or
``(iii) is deceased.
``(D) Transfers out.--
``(i) In general.--Subject to clauses (ii),
(iii), and (iv), the term `transfers out' means
transfers to another school, local educational
agency, or other educational program from which
the student is expected to receive a regular
high school diploma.
``(ii) Confirmation.--Confirmation of a
student's transfer to another school, local
educational agency, or program requires formal
documentation that the student enrolled in the
receiving school.
``(iii) Not considered transfers.--A
student who enrolls in a GED or other
alternative educational program that does not
issue or provide credits toward the issuance of
a regular high school diploma shall not be
considered to have transferred out for purposes
of this subparagraph.
``(iv) Remain in cohort.--A student who was
enrolled in a school, but for whom there is no
confirmation of transfer or completion, may not
be labeled a transfer or error, but shall
remain in the cohort as a non-graduate for
reporting and accountability purposes.
``(E) Treatment of other leavers and withdrawals.--
A student who was retained in a grade, enrolled in a
GED program, or left school for any other reason may
not be counted as a transfer out for the purpose of
calculating graduation rates and shall remain in the
adjusted cohort.
``(F) Special rule.--For those high schools that
start after ninth grade, the cohort shall be calculated
based on the earliest high school grade.
``(3) Regular high school diploma.--
``(A) In general.--The term `regular high school
diploma' means the standard high school diploma awarded
to the preponderance of students in the State that is
fully aligned with State standards, or a higher
diploma, and does not include GEDs, certificates of
attendance, or any lesser diploma award.
``(B) Special rule.--For a student who has a
significant cognitive disability and is assessed using
an alternate assessment aligned to alternate
achievement standards, receipt of a regular high school
diploma or State-defined alternate diploma aligned with
completion of the student's entitlement under the
Individuals with Disabilities Education Act shall be
counted as a graduate with a regular high school
diploma for the purposes of this subpart. Not more than
1 percent of students in a school may be counted as
graduates with a regular high school diploma under this
subparagraph.
``SEC. 1844. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$6,000,000 for each of fiscal years 2008 through 2011.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 1830 the following:
``subpart 3--demonstration project for additional secondary school
counselors
``Sec. 1841. Findings.
``Sec. 1842. Demonstration project.
``Sec. 1843. Definitions.
``Sec. 1844. Authorization of appropriations.''.
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Put School Counselors Where They're Needed Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to implement a demonstration project providing competitive, four-year grants to at least 10 secondary schools that have a four-year adjusted cohort graduation rate of 60 or lower, for the provision of additional school counselors and counselor resources. Expresses the sense of Congress that grantees should provide one additional counselor for every 250 students at risk. Requires the additional school counselors to serve primarily students identified as being at risk of not graduating in four years. Makes grantees that demonstrate progress in improving their graduation rates eligible for subsequent grants.
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A bill to amend the Elementary and Secondary Education Act of 1965 to create a demonstration project to fund additional secondary school counselors in troubled title I schools to reduce the dropout rate.
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| 756
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<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Put School Counselors Where They're Needed Act". <SECTION-HEADER> DEMONSTRATION PROJECT FOR ADDITIONAL SECONDARY SCHOOL COUNSELORS. In General. Part H of title I of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: "Subpart 3 Demonstration Project for Additional Secondary School Counselors "Section 1841. FINDINGS. "Congress finds the following: Nationally, only 70 percent of students graduate from high school with a regular high school diploma. Every school day, 7,000 high school students in the United States become dropouts. High school students living in low-income families drop out of school at 6 times the rate of their peers from high-income families. Only about 55 percent of African-American students and 52 percent of Hispanic students graduate on time from high school with a regular diploma, compared to 78 percent of white students. The dropout rate for students with disabilities is approximately twice that of general education students. High school is the final transition into adulthood and the world of work as students begin separating from parents and exploring and defining their independence. Students who are deciding who they are and what they will do when they graduate face many pressures, including high-stakes testing, the challenges of college admissions, the scholarship and financial aid application process, and entrance into a competitive job market. They need guidance in these complex decisions, which have serious and life changing consequences. School counseling programs are essential for students to achieve optimal personal growth, acquire positive social skills and values, set appropriate career goals, and realize full academic potential to become productive, contributing members of the world community. Professional secondary school counselors are highly qualified educators with a mental health perspective who understand and respond to the challenges presented by today's diverse student population. The professional secondary school counselor holds a master's degree or higher in school counseling , and is certified or licensed by the State in which the counselor works. Professional secondary school counselors are integral to the total educational program. They provide proactive leadership that engages all stakeholders in the delivery of programs and services to help the student achieve success in school. Professional secondary school counselors align and work with the school's mission to support the academic achievement of all students as they prepare for the ever-changing world of the 21st century. Professional secondary school counselors' opportunities to assist students are often hindered by extraordinarily high student-to-counselor ratios. Currently, the average student-to-counselor ratio in America's public schools is 479 to 1. The American School Counselor Association, the American Counseling Association, and the National Association for College Admissions Counseling all recommend a ratio of 1 school counselor to 250 students and a lower ratio for counselors working primarily with students at risk. "Section 1842. DEMONSTRATION PROJECT. In General. From amounts made available to carry out this subpart, the Secretary shall carry out a demonstration project under which the Secretary makes grants on a competitive basis to secondary schools that receive funds under this title and have a 4-year adjusted cohort graduation rate of 60 percent or lower. Grants. A grant under this section shall be for a period of 4 years and may be used to provide additional school counselors during that period. And to provide additional resources (such as professional development expenses or travel expenses for home visits, and any services and materials referred to in subsection (d)) and to pay overhead expenses. Sense of Congress. It is the sense of Congress that a secondary school that receives a grant under this section should aim to provide, under subsection (b)(1), 1 additional counselor per 250 students at risk. Scope of Counseling. The additional school counselors provided with funds under this subpart shall identify students who are at risk of not graduating in 4 years and shall provide counseling primarily to those students. The counselors may identify such students at any time, but shall strive to identify the students before the students enter grade 9. Services shall be provided as long as necessary, including to the extent allowable and appropriate, after the student's cohort graduation date. The counseling provided may include a full panoply of services, including an individual graduation plan and other resources, such as appropriate course placement and supplemental services. And shall include meetings with each student identified under this subsection and with the teachers, tutors, supplemental educational services providers, and parents of the student, and may also include meetings with other relevant individuals, such as a probation officer, mentor, coach, or employer of the student. Supplement Not Supplant. Funds provided under this subpart shall be used to supplement, and not supplant, funds from non-Federal sources available to carry out activities described in this section. The additional school counselors provided through funds under this subpart shall be in addition to any employees who work in the secondary school guidance or counseling office, such as counselors, college admissions specialists, career development specialists, guidance information specialists, or any other professional or paraprofessional. Additional Grant Periods. In general. A secondary school that receives a grant under this section and demonstrates adequate improvement over the period of the grant is eligible to receive a second grant for a second period. If the secondary school again demonstrates adequate improvement over that second period, the school is eligible to receive a third grant for a third period. The third grant shall provide amounts that decrease for each year of the third period and require the school to provide corresponding increases in non-Federal funds. Adequate improvement. For purposes of paragraph (1), a school demonstrates adequate improvement over a grant period if the 4-year adjusted cohort graduation rate increases by 10 percent or more over that period. Selection. The Secretary shall carry out the demonstration project under this section in not less than 10 schools. The first 5 schools selected to participate shall each be from a different State. "Section 1843. DEFINITIONS. "In this subpart: 4-year adjusted cohort graduation rate. The term `4- year adjusted cohort graduation rate' means the number of students who earned a regular high school diploma at the conclusion of their fourth year, before their fourth year, or during a summer session immediately following their fourth year, divided by the number of students who formed the adjusted cohort for that graduating class. Adjusted cohort. In general. Subject to subparagraphs (B). (D), (E), and (F), the term `adjusted cohort' means the students who entered grade 9 together, and any students that transferred into the cohort in grade 9 through 12 minus any students removed from the cohort as described in subparagraph (C). Transfers in. The term `transfers in' means enrolls or re-enrolls after the beginning of the entering cohort's first year in high school, up to and including in grade 12. Cohort removal. To remove students from a cohort, the school or local educational agency shall confirm that the student has transferred out, is in the custody of the juvenile justice system. Or is deceased. Transfers out. In general. Subject to clauses (ii). and (iv), the term `transfers out' means transfers to another school, local educational agency, or other educational program from which the student is expected to receive a regular high school diploma. Confirmation. Confirmation of a student's transfer to another school, local educational agency, or program requires formal documentation that the student enrolled in the receiving school. Not considered transfers. A student who enrolls in a GED or other alternative educational program that does not issue or provide credits toward the issuance of a regular high school diploma shall not be considered to have transferred out for purposes of this subparagraph. Remain in cohort. A student who was enrolled in a school, but for whom there is no confirmation of transfer or completion, may not be labeled a transfer or error, but shall remain in the cohort as a non-graduate for reporting and accountability purposes. Treatment of other leavers and withdrawals. A student who was retained in a grade, enrolled in a GED program, or left school for any other reason may not be counted as a transfer out for the purpose of calculating graduation rates and shall remain in the adjusted cohort. Special rule. For those high schools that start after ninth grade, the cohort shall be calculated based on the earliest high school grade. Regular high school diploma. In general. The term `regular high school diploma' means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, and does not include GEDs, certificates of attendance, or any lesser diploma award. Special rule. For a student who has a significant cognitive disability and is assessed using an alternate assessment aligned to alternate achievement standards, receipt of a regular high school diploma or State-defined alternate diploma aligned with completion of the student's entitlement under the Individuals with Disabilities Education Act shall be counted as a graduate with a regular high school diploma for the purposes of this subpart. Not more than 1 percent of students in a school may be counted as graduates with a regular high school diploma under this subparagraph. "Section 1844. AUTHORIZATION OF APPROPRIATIONS. "There are authorized to be appropriated to carry out this subpart $6,000,000 for each of fiscal years 2008 through 2011.". Table of Contents. The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1830 the following: "subpart 3 demonstration project for additional secondary school counselors "Section 1841. Findings. "Section 1842. Demonstration project. "Section 1843. Definitions. "Section 1844. Authorization of appropriations.".
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Put School Counselors Where They're Needed Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to implement a demonstration project providing competitive, four-year grants to at least 10 secondary schools that have a four-year adjusted cohort graduation rate of 60 or lower, for the provision of additional school counselors and counselor resources. Expresses the sense of Congress that grantees should provide one additional counselor for every 250 students at risk. Requires the additional school counselors to serve primarily students identified as being at risk of not graduating in four years. Makes grantees that demonstrate progress in improving their graduation rates eligible for subsequent grants.
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A bill to amend the Elementary and Secondary Education Act of 1965 to create a demonstration project to fund additional secondary school counselors in troubled title I schools to reduce the dropout rate.
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109_hr4924
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Tribute to Dr. Norman
E. Borlaug Act of 2006''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Dr. Norman E. Borlaug, was born in Iowa where he grew
up on a family farm, and received his primary and secondary
education.
(2) Dr. Borlaug attended the University of Minnesota where
he received his B.A. and Ph.D. degrees and was also a star NCAA
wrestler.
(3) For the past 20 years, Dr. Borlaug has lived in Texas
where he is a member of the faculty of Texas A&M University.
(4) Dr. Borlaug also serves as President of the Sasakawa
Africa Association.
(5) Dr. Borlaug's accomplishments in terms of bringing
radical change to world agriculture and uplifting humanity are
without parallel.
(6) In the immediate aftermath of World War II, Dr. Borlaug
spent 20 years working in the poorest areas of rural Mexico. It
was there that Dr. Borlaug made his breakthrough achievement in
developing a strain of wheat that could exponentially increase
yields while actively resisting disease.
(7) With the active support of the governments involved,
Dr. Borlaug's ``green revolution'' uplifted hundreds of
thousands of the rural poor in Mexico and saved hundreds of
millions from famine and outright starvation in India and
Pakistan.
(8) Dr. Borlaug's approach to wheat production next spread
throughout the Middle East. Soon thereafter his approach was
adapted to rice growing, increasing the number of lives Dr.
Borlaug has saved to more than a billion people.
(9) In 1970, Dr. Borlaug received the Nobel Prize, the only
person working in agriculture to ever be so honored. Since then
he has received numerous honors and awards including the
Presidential Medal of Freedom, the Public Service Medal, the
National Academy of Sciences' highest honor, and the Rotary
International Award for World Understanding and Peace.
(10) At age 91, Dr. Borlaug continues to work to alleviate
poverty and malnutrition. He currently serves as president of
Sasakawa Global 2000 Africa Project, which seeks to extend the
benefits of agricultural development to the 800,000,000 people
still mired in poverty and malnutrition in sub-Saharan Africa.
(11) Dr. Borlaug continues to serve as Chairman of the
Council of Advisors of the World Food Prize, an organization he
created in 1986 to be the ``Nobel Prize for Food and
Agriculture'' and which presents a $250,000 prize each October
at a Ceremony in Des Moines, Iowa, to the Laureate who has made
an exceptional achievement similar to Dr. Borlaug's
breakthrough 40 years ago. In the almost 20 years of its
existence, the World Food Prize has honored Laureates from
Bangladesh, India, China, Mexico, Denmark, Sierra Leone,
Switzerland, the United Kingdom, and the United States.
(12) Dr. Borlaug has saved more lives than any other person
who has ever lived, and likely has saved more lives in the
Islamic world than any other human being in history.
(13) Due to a lifetime of work that has led to the saving
and preservation of an untold amount of lives, Dr. Norman E.
Borlaug is deserving of America's highest civilian award: the
congressional gold medal.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President Pro Tempore of the
Senate and the Speaker of the House of Representatives are authorized
to make appropriate arrangements for the presentation, on behalf of
Congress, of a gold medal of appropriate design, to Dr. Norman E.
Borlaug, in recognition of his enduring contributions to the United
States and the world.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary'') shall strike a gold medal
with suitable emblems, devices, and inscriptions, to be determined by
the Secretary.
SEC. 4. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 3 at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
SEC. 5. STATUS AS NATIONAL MEDALS.
(a) National Medal.--The medal struck under this Act is a national
medal for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all duplicate medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority to Use Fund Amounts.--There are authorized to be
charged against the United States Mint Public Enterprise Fund, such
sums as may be necessary to pay for the cost of the medals struck under
this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 4 shall be deposited in the United States
Mint Public Enterprise Fund.
|
Congressional Tribute to Dr. Norman E. Borlaug Act of 2006 - Authorizes The President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Dr. Norman E. Borlaug, in recognition of his enduring contributions to the United States and the world.
|
To award a congressional gold medal to Dr. Norman E. Borlaug.
| 5,537
| 383
|
<SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Congressional Tribute to Dr. Norman E. Borlaug Act of 2006". <SECTION-HEADER> FINDINGS. Congress finds as follows: Dr. Norman E. Borlaug, was born in Iowa where he grew up on a family farm, and received his primary and secondary education. Dr. Borlaug attended the University of Minnesota where he received his B. A. and Ph. D. degrees and was also a star NCAA wrestler. For the past 20 years, Dr. Borlaug has lived in Texas where he is a member of the faculty of Texas AM University. Dr. Borlaug also serves as President of the Sasakawa Africa Association. Dr. Borlaug's accomplishments in terms of bringing radical change to world agriculture and uplifting humanity are without parallel. In the immediate aftermath of World War II, Dr. Borlaug spent 20 years working in the poorest areas of rural Mexico. It was there that Dr. Borlaug made his breakthrough achievement in developing a strain of wheat that could exponentially increase yields while actively resisting disease. With the active support of the governments involved, Dr. Borlaug's "green revolution" uplifted hundreds of thousands of the rural poor in Mexico and saved hundreds of millions from famine and outright starvation in India and Pakistan. Dr. Borlaug's approach to wheat production next spread throughout the Middle East. Soon thereafter his approach was adapted to rice growing, increasing the number of lives Dr. Borlaug has saved to more than a billion people. In 1970, Dr. Borlaug received the Nobel Prize, the only person working in agriculture to ever be so honored. Since then he has received numerous honors and awards including the Presidential Medal of Freedom, the Public Service Medal, the National Academy of Sciences' highest honor, and the Rotary International Award for World Understanding and Peace. At age 91, Dr. Borlaug continues to work to alleviate poverty and malnutrition. He currently serves as president of Sasakawa Global 2000 Africa Project, which seeks to extend the benefits of agricultural development to the 800,000,000 people still mired in poverty and malnutrition in sub-Saharan Africa. Dr. Borlaug continues to serve as Chairman of the Council of Advisors of the World Food Prize, an organization he created in 1986 to be the "Nobel Prize for Food and Agriculture" and which presents a $250,000 prize each October at a Ceremony in Des Moines, Iowa, to the Laureate who has made an exceptional achievement similar to Dr. Borlaug's breakthrough 40 years ago. In the almost 20 years of its existence, the World Food Prize has honored Laureates from Bangladesh, India, China, Mexico, Denmark, Sierra Leone, Switzerland, the United Kingdom, and the United States. Dr. Borlaug has saved more lives than any other person who has ever lived, and likely has saved more lives in the Islamic world than any other human being in history. Due to a lifetime of work that has led to the saving and preservation of an untold amount of lives, Dr. Norman E. Borlaug is deserving of America's highest civilian award: the congressional gold medal. <SECTION-HEADER> CONGRESSIONAL GOLD MEDAL. Presentation Authorized. The President Pro Tempore of the Senate and the Speaker of the House of Representatives are authorized to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Dr. Norman E. Borlaug, in recognition of his enduring contributions to the United States and the world. Design and Striking. For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. <SECTION-HEADER> DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. <SECTION-HEADER> STATUS AS NATIONAL MEDALS. National Medal. The medal struck under this Act is a national medal for purposes of chapter 51 of title 31, United States Code. Numismatic Items. For purposes of section 5134 of title 31, United States Code, all duplicate medals struck under this Act shall be considered to be numismatic items. <SECTION-HEADER> AUTHORITY TO USE FUND AMOUNTS. PROCEEDS OF SALE. Authority to Use Fund Amounts. There are authorized to be charged against the United States Mint Public Enterprise Fund, such sums as may be necessary to pay for the cost of the medals struck under this Act. Proceeds of Sale. Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.
|
Congressional Tribute to Dr. Norman E. Borlaug Act of 2006 - Authorizes The President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Dr. Norman E. Borlaug, in recognition of his enduring contributions to the United States and the world.
|
To award a congressional gold medal to Dr. Norman E. Borlaug.
|
105_hr1193
|
SECTION 1. INDEXING OF CAPITAL ASSETS.
(a) In General.--Part II of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to basis rules of general
application) is amended by inserting after section 1021 the following
new section:
``SEC. 1022. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING
GAIN OR LOSS.
``(a) In General.--
``(1) Indexed basis substituted for adjusted basis.--Except
as otherwise provided in this section, if an indexed asset
which the taxpayer has held for 1 year or longer is sold or
otherwise disposed of, for purposes of this title the indexed
basis of the asset shall be substituted for its adjusted basis.
``(2) Exception for depreciation, etc.--The deductions for
depreciation, depletion, and amortization shall be determined
without regard to the application of paragraph (1) to the
taxpayer or any other person.
``(b) Indexed Asset.--For purposes of this section, the term
`indexed asset' means--
``(1) stock in a corporation,
``(2) bonds,
``(3) tangible property which is property used in the trade
or business (as defined in section 1231(b)),
``(4) land held in connection with a trade or business
(other than property described in section 1231(b)(1)(B)), and
``(5) the principal residence (within the meaning of
section 1034) of the taxpayer.
``(c) Indexed Basis.--For purposes of this section--
``(1) In general.--The indexed basis of any asset is--
``(A) the adjusted basis of the asset, increased by
``(B) the applicable inflation adjustment.
``(2) Applicable inflation adjustment.--The applicable
inflation adjustment for any asset is an amount equal to--
``(A) the adjusted basis of the asset, multiplied
by
``(B) the percentage (if any) by which--
``(i) the gross domestic product deflator
for the calendar year in which the asset is
disposed of, exceeds
``(ii) the gross domestic product deflator
for the calendar year in which the asset was
acquired by the taxpayer (or, if later, for
1986).
The percentage under subparagraph (B) shall be rounded to the
nearest \1/10\ of 1 percent.
``(3) Gross domestic product deflator.--The gross domestic
product deflator for any calendar year is the implicit price
deflator for the gross domestic product for such year (as shown
in the first revision thereof).
``(d) Not an Indexed Asset and Holding Period Restarted If
Diminished Risk of Loss.--If the taxpayer (or a related person) enters
into any transaction which substantially reduces the risk of loss from
holding any asset--
``(1) such asset shall not be treated as an indexed asset
for the period of such reduced risk, and
``(2) for purposes of determining whether the 1-year
holding requirement of subsection (a) has been met, the
taxpayer shall be treated as first acquiring the asset on the
day after the last day of such period.
``(e) Pass-Thru Entities.--
``(1) Partnerships.--In the case of a partnership, the
adjustment made under subsection (a) at the partnership level
shall be passed through to the partners.
``(2) Subchapter s corporations.--In the case of an S
corporation, the adjustment under subsection (a) at the
corporate level shall be passed through to the shareholders.
``(3) Common trust funds.--In the case of a common trust
fund, the adjustment made under subsection (a) at the trust
level shall be passed through to the participants.
``(4) Regulated investment companies and real estate
investment trusts.--
``(A) In general.--Stock in a qualified investment
entity shall be an indexed asset for any calendar month
in the same ratio as the fair market value of the
assets held by such entity at the close of such month
which are indexed assets bears to the fair market value
of all assets of such entity at the close of such
month.
``(B) Ratio of 90 percent or more.--If the ratio
for any calendar month determined under subparagraph
(A) would (but for this subparagraph) be 90 percent or
more, such ratio for such month shall be 100 percent.
``(C) Ratio of 10 percent or less.--If the ratio
for any calendar month determined under subparagraph
(A) would (but for this subparagraph) be 10 percent or
less, such ratio for such month shall be zero.
``(D) Valuation of assets in case of real estate
investment trusts.--Nothing in this paragraph shall
require a real estate investment trust to value its
assets more frequently than once each 36 months (except
where such trust ceases to exist). The ratio under
subparagraph (A) for any calendar month for which there
is no valuation shall be the trustee's good faith
judgment as to such valuation.
``(E) Qualified investment entity.--For purposes of
this paragraph, the term `qualified investment entity'
means--
``(i) a regulated investment company
(within the meaning of section 851), and
``(ii) a real estate investment trust
(within the meaning of section 856).
``(f) Dispositions Between Related Persons.--
``(1) In general.--This section shall not apply to any sale
or other disposition of property between related persons except
to the extent that the basis of such property in the hands of
the transferee is a substituted basis.
``(2) Related persons defined.--For purposes of this
section, the term `related persons' means--
``(A) persons bearing a relationship set forth in
section 267(b), and
``(B) persons treated as single employer under
subsection (b) or (c) of section 414.
``(g) Additions to Basis By Means of Improvements or Contributions
to Capital.--If there is an addition to the adjusted basis of any
tangible property or of any stock in a corporation during the taxable
year by reason of an improvement to such property or a contribution to
capital of such corporation, and the aggregate amount of such addition
during the taxable year with respect to such property or stock is
$10,000 or more, such addition shall be treated as a separate asset
acquired at the close of such taxable year.
``(h) Section Cannot Increase Ordinary Loss.--To the extent that
(but for this subsection) this section would create or increase a net
ordinary loss to which section 1231(a)(2) applies or an ordinary loss
to which any other provision of this title applies, such provision
shall not apply. The taxpayer shall be treated as having a long-term
capital loss in an amount equal to the amount of the ordinary loss to
which the preceding sentence applies.
``(i) Special Rules.--
``(1) Assets which are not indexed assets throughout
holding period.--The applicable inflation ratio shall be
appropriately reduced for periods during which the asset was
not an indexed asset.
``(2) Treatment of certain distributions.--A distribution
with respect to stock in a corporation which is not a dividend
shall be treated as a disposition.
``(3) Acquisition date where prior application of
subsection (a)(1) with respect to such asset of taxpayer.--If
there has been a prior application of subsection (a)(1) to an
asset while such asset was held by the taxpayer, the date of
acquisition of such asset by the taxpayer shall be treated as
not earlier than the date of the most recent such prior
application.
``(4) Collapsible corporations.--The application of section
341(a) (relating to collapsible corporations) shall be
determined without regard to this section.
``(j) Transfers To Increase Indexing Adjustment or Depreciation
Allowance.--If any person transfers cash, debt, or any other property
to another person and the principal purpose of such transfer is--
``(1) to secure or increase an adjustment under subsection
(a), or
``(2) to increase (by reason of an adjustment under
subsection (a)) a deduction for depreciation, depletion, or
amortization,
the Secretary may disallow part or all of such adjustment or
increase.''
(b) Clerical Amendment.--The table of sections for part II of
subchapter O of chapter 1 is amended by inserting after the item
relating to section 1021 the following new item:
``Sec. 1022. Indexing of certain assets
for purposes of determining
gain or loss.''
(c) Effective Date.--The amendments made by this section shall
apply to dispositions of property after the date of the enactment of
this Act.
SEC. 2. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE.
(a) In General.--Section 121 of the Internal Revenue Code of 1986
(relating to one-time exclusion of gain from sale of principal
residence by individual who has attained age 55) is amended to read as
follows:
``SEC. 121. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE.
``(a) Exclusion.--Gross income shall not include gain from the sale
or exchange of property which has been owned and used by the taxpayer
as the taxpayer's principal residence.
``(b) Limitation.--The amount of gain excluded under subsection (a)
with respect to any sale or exchange shall not exceed $250,000
($500,000 in the case of a joint return).
``(c) Special Rules.--
``(1) Property held jointly by husband and wife.--For
purposes of this section, if--
``(A) property is held by a husband and wife as
joint tenants, tenants by the entirety, or community
property,
``(B) such husband and wife make a joint return
under section 6013 for the taxable year of the sale or
exchange, and
``(C) one spouse satisfies the holding and use
requirements of subsection (a) with respect to such
property,
then both husband and wife shall be treated as satisfying the
holding and use requirements of subsection (a) with respect to
such property.
``(2) Property of deceased spouse.--For purposes of this
section, in the case of an unmarried individual whose spouse is
deceased on the date of the sale or exchange of property, if
the deceased spouse satisfied the holding and use requirements
of subsection (a) with respect to such property then such
individual shall be treated as satisfying the holding and use
requirements of subsection (a) with respect to such property.
``(3) Tenant-stockholder in cooperative housing
corporation.--For purposes of this section, if the taxpayer
holds stock as a tenant-stockholder (as defined in section 216)
in a cooperative housing corporation (as defined in such
section), then--
``(A) the holding requirements of subsection (a)
shall be applied to the holding of such stock, and
``(B) the use requirements of subsection (a) shall
be applied to the house or apartment which the taxpayer
was entitled to occupy as such stockholder.
``(4) Involuntary conversions.--For purposes of this
section, the destruction, theft, seizure, requisition, or
condemnation of property shall be treated as the sale of such property.
``(5) Property used in part as principal residence.--In the
case of property only a portion of which has been owned and
used by the taxpayer as his principal residence, this section
shall apply with respect to so much of the gain from the sale
or exchange of such property as is determined, under
regulations prescribed by the Secretary, to be attributable to
the portion of the property so owned and used by the taxpayer.
``(6) Determination of marital status.--In the case of any
sale or exchange, for purposes of this section--
``(A) the determination of whether an individual is
married shall be made as of the date of the sale or
exchange; and
``(B) an individual legally separated from his
spouse under a decree of divorce or of separate
maintenance shall not be considered as married.
``(7) Application of sections 1033 and 1034.--In applying
sections 1033 (relating to involuntary conversions) and 1034
(relating to sale or exchange of residence), the amount
realized from the sale or exchange of property shall be treated
as being the amount determined without regard to this section,
reduced by the amount of gain not included in gross income
pursuant to an election under this section.
``(8) Property acquired after involuntary conversion.--If
the basis of the property sold or exchanged is determined (in
whole or in part) under subsection (b) of section 1033
(relating to basis of property acquired through involuntary
conversion), then the holding and use by the taxpayer of the
converted property shall be treated as holding and use by the
taxpayer of the property sold or exchanged.
``(9) Determination of use during periods of out-of-
residence care.--In the case of a taxpayer who--
``(A) becomes physically or mentally incapable of
self-care, and
``(B) owns property and has previously used such
property as the taxpayer's principal residence,
then the taxpayer shall be treated as using such property as
the taxpayer's principal residence during any time in which the
taxpayer owns the property and resides in any facility
(including a nursing home) licensed by a State or political
subdivision to care for an individual in the taxpayer's
condition.
``(d) Election To Have Section Not Apply.--This section shall not
apply to any sale or exchange with respect to which the taxpayer elects
not to have this section apply.''
(b) Clerical and Conforming Amendments.--
(1) Paragraph (3) of section 1033(k) of such Code is
amended to read as follows:
``(3) For exclusion from gross income of gain from
involuntary conversion of principal residence, see section
121.''
(2) Subparagraph (A) of section 1038(e)(1) of such Code is
amended to read as follows:
``(A) section 121 (relating to exclusion of gain
from sale or exchange of principal residence) applies,
or''.
(3) Subparagraph (B) of section 1250(d)(7) of such Code is
amended by striking ``age and'' and by striking the
parenthetical and inserting the following: ``(relating to
exclusion of gain from sale of principal residence)''.
(4) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 121 and inserting the following new item:
``Sec. 121. Exclusion of gain from sale
of principal residence.''
(c) Effective Date.--The amendments made by this section shall
apply to sales and exchanges after the date of the enactment of this
Act.
|
Amends the Internal Revenue Code to require that an inflation indexed basis rather than an adjusted basis be used to determine gain or loss in the disposition of the following assets held at least one year: (1) corporate stock, (2) bonds. (3) tangible property used in, or land held in connection with, a business or trade. And (4) a principal residence. Replaces the existing one-time 55 years or older exclusion of $125,000 of gain from the sale of a principal residence with an exclusion of $250,000 from the sale of a principal residence .
|
To amend the Internal Revenue Code of 1986 to allow indexing of capital assets for purposes of determining gain or loss and to allow an exclusion of gain from the sale of a principal residence.
| 16,865
| 543
|
<SECTION-HEADER> INDEXING OF CAPITAL ASSETS. In General. Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 1021 the following new section: "Section 1022. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. In General. Indexed basis substituted for adjusted basis. Except as otherwise provided in this section, if an indexed asset which the taxpayer has held for 1 year or longer is sold or otherwise disposed of, for purposes of this title the indexed basis of the asset shall be substituted for its adjusted basis. Exception for depreciation, etc. The deductions for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. Indexed Asset. For purposes of this section, the term `indexed asset' means stock in a corporation, bonds, tangible property which is property used in the trade or business (as defined in section 1231(b)), land held in connection with a trade or business (other than property described in section 1231(b)(1)(B)), and the principal residence of the taxpayer. Indexed Basis. For purposes of this section In general. The indexed basis of any asset is the adjusted basis of the asset, increased by the applicable inflation adjustment. Applicable inflation adjustment. The applicable inflation adjustment for any asset is an amount equal to the adjusted basis of the asset, multiplied by the percentage by which the gross domestic product deflator for the calendar year in which the asset is disposed of, exceeds the gross domestic product deflator for the calendar year in which the asset was acquired by the taxpayer . The percentage under subparagraph (B) shall be rounded to the nearest 110 of 1 percent. Gross domestic product deflator. The gross domestic product deflator for any calendar year is the implicit price deflator for the gross domestic product for such year . Not an Indexed Asset and Holding Period Restarted If Diminished Risk of Loss. If the taxpayer enters into any transaction which substantially reduces the risk of loss from holding any asset such asset shall not be treated as an indexed asset for the period of such reduced risk, and for purposes of determining whether the 1-year holding requirement of subsection (a) has been met, the taxpayer shall be treated as first acquiring the asset on the day after the last day of such period. Pass-Thru Entities. Partnerships. In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. Subchapter s corporations. In the case of an S corporation, the adjustment under subsection (a) at the corporate level shall be passed through to the shareholders. Common trust funds. In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. Regulated investment companies and real estate investment trusts. In general. Stock in a qualified investment entity shall be an indexed asset for any calendar month in the same ratio as the fair market value of the assets held by such entity at the close of such month which are indexed assets bears to the fair market value of all assets of such entity at the close of such month. Ratio of 90 percent or more. If the ratio for any calendar month determined under subparagraph would be 90 percent or more, such ratio for such month shall be 100 percent. Ratio of 10 percent or less. If the ratio for any calendar month determined under subparagraph would be 10 percent or less, such ratio for such month shall be zero. Valuation of assets in case of real estate investment trusts. Nothing in this paragraph shall require a real estate investment trust to value its assets more frequently than once each 36 months . The ratio under subparagraph (A) for any calendar month for which there is no valuation shall be the trustee's good faith judgment as to such valuation. Qualified investment entity. For purposes of this paragraph, the term `qualified investment entity' means a regulated investment company , and a real estate investment trust . Dispositions Between Related Persons. In general. This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. Related persons defined. For purposes of this section, the term `related persons' means persons bearing a relationship set forth in section 267(b), and persons treated as single employer under subsection (b) or (c) of section 414. Additions to Basis By Means of Improvements or Contributions to Capital. If there is an addition to the adjusted basis of any tangible property or of any stock in a corporation during the taxable year by reason of an improvement to such property or a contribution to capital of such corporation, and the aggregate amount of such addition during the taxable year with respect to such property or stock is $10,000 or more, such addition shall be treated as a separate asset acquired at the close of such taxable year. Section Cannot Increase Ordinary Loss. To the extent that this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. Special Rules. Assets which are not indexed assets throughout holding period. The applicable inflation ratio shall be appropriately reduced for periods during which the asset was not an indexed asset. Treatment of certain distributions. A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. Acquisition date where prior application of subsection (a)(1) with respect to such asset of taxpayer. If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. Collapsible corporations. The application of section 341(a) shall be determined without regard to this section. Transfers To Increase Indexing Adjustment or Depreciation Allowance. If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection , or to increase (by reason of an adjustment under subsection (a)) a deduction for depreciation, depletion, or amortization, the Secretary may disallow part or all of such adjustment or increase." Clerical Amendment. The table of sections for part II of subchapter O of chapter 1 is amended by inserting after the item relating to section 1021 the following new item: "Section 1022. Indexing of certain assets for purposes of determining gain or loss." Effective Date. The amendments made by this section shall apply to dispositions of property after the date of the enactment of this Act. <SECTION-HEADER> EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. In General. Section 121 of the Internal Revenue Code of 1986 is amended to read as follows: "Section 121. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. Exclusion. Gross income shall not include gain from the sale or exchange of property which has been owned and used by the taxpayer as the taxpayer's principal residence. Limitation. The amount of gain excluded under subsection (a) with respect to any sale or exchange shall not exceed $250,000 . Special Rules. Property held jointly by husband and wife. For purposes of this section, if property is held by a husband and wife as joint tenants, tenants by the entirety, or community property, such husband and wife make a joint return under section 6013 for the taxable year of the sale or exchange, and one spouse satisfies the holding and use requirements of subsection (a) with respect to such property, then both husband and wife shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. Property of deceased spouse. For purposes of this section, in the case of an unmarried individual whose spouse is deceased on the date of the sale or exchange of property, if the deceased spouse satisfied the holding and use requirements of subsection (a) with respect to such property then such individual shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. Tenant-stockholder in cooperative housing corporation. For purposes of this section, if the taxpayer holds stock as a tenant-stockholder in a cooperative housing corporation , then the holding requirements of subsection (a) shall be applied to the holding of such stock, and the use requirements of subsection (a) shall be applied to the house or apartment which the taxpayer was entitled to occupy as such stockholder. Involuntary conversions. For purposes of this section, the destruction, theft, seizure, requisition, or condemnation of property shall be treated as the sale of such property. Property used in part as principal residence. In the case of property only a portion of which has been owned and used by the taxpayer as his principal residence, this section shall apply with respect to so much of the gain from the sale or exchange of such property as is determined, under regulations prescribed by the Secretary, to be attributable to the portion of the property so owned and used by the taxpayer. Determination of marital status. In the case of any sale or exchange, for purposes of this section the determination of whether an individual is married shall be made as of the date of the sale or exchange. And an individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. Application of sections 1033 and 1034. In applying sections 1033 and 1034 , the amount realized from the sale or exchange of property shall be treated as being the amount determined without regard to this section, reduced by the amount of gain not included in gross income pursuant to an election under this section. Property acquired after involuntary conversion. If the basis of the property sold or exchanged is determined under subsection (b) of section 1033 , then the holding and use by the taxpayer of the converted property shall be treated as holding and use by the taxpayer of the property sold or exchanged. Determination of use during periods of out-of- residence care. In the case of a taxpayer who becomes physically or mentally incapable of self-care, and owns property and has previously used such property as the taxpayer's principal residence, then the taxpayer shall be treated as using such property as the taxpayer's principal residence during any time in which the taxpayer owns the property and resides in any facility licensed by a State or political subdivision to care for an individual in the taxpayer's condition. Election To Have Section Not Apply. This section shall not apply to any sale or exchange with respect to which the taxpayer elects not to have this section apply." Clerical and Conforming Amendments. Paragraph (3) of section 1033(k) of such Code is amended to read as follows: For exclusion from gross income of gain from involuntary conversion of principal residence, see section 121." Subparagraph (A) of section 1038(e)(1) of such Code is amended to read as follows: section 121 applies, or". Subparagraph (B) of section 1250(d)(7) of such Code is amended by striking "age and" and by striking the parenthetical and inserting the following: "". The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 121 and inserting the following new item: "Section 121. Exclusion of gain from sale of principal residence." Effective Date. The amendments made by this section shall apply to sales and exchanges after the date of the enactment of this Act.
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Amends the Internal Revenue Code to require that an inflation indexed basis rather than an adjusted basis be used to determine gain or loss in the disposition of the following assets held at least one year: (1) corporate stock, (2) bonds. (3) tangible property used in, or land held in connection with, a business or trade. And (4) a principal residence. Replaces the existing one-time 55 years or older exclusion of $125,000 of gain from the sale of a principal residence with an exclusion of $250,000 from the sale of a principal residence .
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To amend the Internal Revenue Code of 1986 to allow indexing of capital assets for purposes of determining gain or loss and to allow an exclusion of gain from the sale of a principal residence.
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