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SECTION 1. INCREASED ENFORCEMENT UNDER HORSE PROTECTION ACT.
(a) Definitions.--Section 2 of the Horse Protection Act (15 U.S.C.
1821) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following new paragraph:
``(1) The term `action device' means any boot, collar,
chain, roller, or other device that encircles or is placed upon
the lower extremity of the leg of a horse in such a manner that
it can--
``(A) rotate around the leg or slide up and down
the leg, so as to cause friction; or
``(B) strike the hoof, coronet band, fetlock joint,
or pastern of the horse.'';
(3) in paragraph (2) (as so redesignated) by inserting ``,
including the sponsoring organization and event manager''
before the period; and
(4) by adding at the end the following new paragraph:
``(6)(A) The term `participate' means engaging in any
activity with respect to a horse show, horse exhibition, or
horse sale or auction, including--
``(i) transporting or arranging for the
transportation of a horse to or from a horse
show, horse exhibition, or horse sale or
auction;
``(ii) personally giving instructions to an
exhibitor;
``(iii) being knowingly present in a warm-
up area, inspection area, or other area at a
horse show, horse exhibition, or horse sale or
auction that spectators are not permitted to
enter; or
``(iv) financing the participation of other
individuals in any horse show, horse
exhibition, or horse sale or auction.
``(B) Such term does not include spectating.''.
(b) Findings.--Section 3 of the Horse Protection Act (15 U.S.C.
1822) is amended--
(1) in paragraph (3)--
(A) by inserting ``and soring horses for such
purposes'' after ``horses in intrastate commerce,'';
and
(B) by inserting ``in many ways, including by
creating unfair competition, by deceiving the
spectating public and horse buyers, and by negatively
impacting horse sales'' before the semicolon;
(2) in paragraph (4), by striking ``and'' at the end;
(3) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(6) the Inspector General of the Department of
Agriculture has determined that the program through which the
Secretary inspects horses is inadequate for preventing the
soring of show horses; and
``(7) despite regulations in effect related to inspection
for purposes of ensuring that horses are not sore, violations
of this Act continue to be prevalent.''.
(c) Horse Shows and Exhibitions.--Section 4 of the Horse Protection
Act (15 U.S.C. 1823) is amended--
(1) in subsection (a)--
(A) by striking ``appointed'' and inserting
``licensed''; and
(B) by adding at the end the following new
sentences: ``On the first instance in which the
Secretary determines that a horse is sore, the
Secretary shall disqualify the horse from being shown
or exhibited for a period of not less than 180 days. On
the second instance in which the Secretary determines
that such horse is sore, the Secretary shall disqualify
the horse for a period of not less than one year. On
the third instance in which the Secretary determines
that such horse is sore, the Secretary shall disqualify
the horse for a period of not less than three years.'';
(2) in subsection (b), by striking ``appointed'' and
inserting ``licensed'';
(3) by striking subsection (c) and inserting the following
new subsection:
``(c) Licensure, Training, and Assignment of Inspectors; Manner of
Inspection.--(1)(A) Not later than 180 days after the date of enactment
of this subsection, the Secretary shall prescribe by regulation
requirements for the Department of Agriculture to license, train,
assign, and oversee persons qualified to detect and diagnose a horse
which is sore or to otherwise inspect horses at horse shows, horse
exhibitions, or horse sales or auctions, to be hired by management of
such events, for the purposes of enforcing this Act.
``(B) If the Secretary determines that the performance of a person
licensed in accordance with subparagraph (A) is unsatisfactory, the
Secretary may, after notice and an opportunity for a hearing, revoke
the license issued to such person.
``(C) Licensure of a person in accordance with the requirements
prescribed under this subsection shall not be construed as authorizing
such person to conduct inspections in a manner other than that
prescribed for inspections by the Secretary (or the Secretary's
representative) under subsection (e) of this section.
``(2)(A) Not later than 30 days before the date on which a horse
show, horse exhibition, or horse sale or auction begins, the management
of such show, exhibition, or sale or auction may notify the Secretary
of the intent of the management to hire a person or persons licensed
under this subsection and selected by the Secretary to conduct
inspections at such show, exhibition, or sale or auction.
``(B) After such notification, the Secretary shall assign a person
or persons licensed under this subsection to conduct inspections at the
horse show, horse exhibition, or horse sale or auction.
``(3) A person licensed by the Secretary to conduct inspections
under this subsection shall issue a citation with respect to any
violation of this Act recorded during an inspection and notify the
Secretary of each such violation not later than five days after the
date on which a citation was issued with respect to such violation.'';
and
(4) in the heading for subsection (e), by striking
``Appointed'' and inserting ``Designated''.
(d) Unlawful Acts.--Section 5 of the Horse Protection Act (15
U.S.C. 1824) is amended--
(1) in paragraph (2)--
(A) by striking ``or (C) respecting'' and inserting
``(C), or (D) respecting''; and
(B) by striking ``and (D)'' and inserting ``(D)
causing a horse to become sore or directing another
person to cause a horse to become sore for the purpose
of showing, exhibiting, selling, auctioning, or
offering for sale the horse in any horse show, horse
exhibition, or horse sale or auction, and (E)'';
(2) in paragraph (3), by striking ``appoint'' and inserting
``hire'';
(3) in paragraph (4)--
(A) by striking ``appoint'' and inserting ``hire'';
and
(B) by striking ``qualified'';
(4) in paragraph (5), by striking ``appointed'' and insert
``hired'';
(5) in paragraph (6)--
(A) by striking ``appointed'' and inserting
``hired''; and
(B) by inserting ``that the horse is sore'' after
``the Secretary''; and
(6) by adding at the end the following new paragraphs:
``(12) The use of an action device on any limb of a
Tennessee Walking, a Racking, or a Spotted Saddle horse at a
horse show, horse exhibition, or horse sale or auction.
``(13) The use of a weighted shoe, pad, wedge, hoof band,
or other device or material at a horse show, horse exhibition,
or horse sale or auction that--
``(A) is placed on, inserted in, or attached to any
limb of a Tennessee Walking, a Racking, or a Spotted
Saddle horse;
``(B) is constructed to artificially alter the gait
of such a horse; and
``(C) is not strictly protective or therapeutic in
nature.''.
(e) Violations and Penalties.--Section 6 of the Horse Protection
Act (15 U.S.C. 1825) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``Except as provided in
paragraph (2) of this subsection, any person
who knowingly violates section 5'' and
inserting ``Any person who knowingly violates
section 5 or the regulations issued under such
section, including any violation recorded
during an inspection conducted in accordance
with section 4(c) or 4(e)''; and
(ii) by striking ``more than $3,000, or
imprisoned for not more than one year, or
both.'' and inserting ``more than $5,000, or
imprisoned for not more than three years, or
both, for each such violation.'';
(B) in paragraph (2)--
(i) by striking subparagraph (A);
(ii) by striking ``(2)''; and
(iii) by redesignating subparagraphs (B)
and (C) as paragraphs (2) and (3),
respectively, and moving the margins of such
paragraphs (as so redesignated) two ems to the
left; and
(C) by adding at the end the following new
paragraph:
``(4) Any person who knowingly fails to obey an order of
disqualification shall, upon conviction thereof, be fined not
more than $5,000 for each failure to obey such an order,
imprisoned for not more than three years, or both.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``section 5 of this Act''
and inserting ``section 5 or the regulations
issued under such section''; and
(ii) by striking ``$2,000'' and inserting
``$4,000''; and
(B) by adding at the end the following new
paragraph:
``(5) Any person who fails to pay a licensed inspector
hired under section 4(c) shall, upon conviction thereof, be
fined not more than $4,000 for each such violation.''; and
(3) in subsection (c)--
(A) in the first sentence--
(i) by inserting ``, or otherwise
participating in any horse show, horse
exhibition, or horse sale or auction'' before
``for a period of not less than one year''; and
(ii) by striking ``any subsequent'' and
inserting ``the second'';
(B) by inserting before ``Any person who knowingly
fails'' the following: ``For the third or any
subsequent violation, a person may be permanently
disqualified by order of the Secretary, after notice
and an opportunity for a hearing before the Secretary,
from showing or exhibiting any horse, judging or
managing any horse show, horse exhibition, or horse
sale or auction, or otherwise participating in any
horse show, horse exhibition, or horse sale or
auction.''; and
(C) by striking ``$3,000'' each place it appears
and inserting ``$5,000''.
(f) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall issue regulations to carry
out the amendments made by this Act.
(g) Severability.--If any provision of this Act or any amendment
made by this Act, or the application of a provision to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provisions to any person or circumstance, shall not be affected by the
holding. | Amends the Horse Protection Act (HPA) to direct the Secretary of Agriculture to prescribe regulatory requirements for the Department of Agriculture (USDA) to license, train, assign, and oversee persons who are to be hired by the management of horse shows, exhibitions, sales, or auctions and are qualified to detect and diagnose sore horses or otherwise inspect horses at such events. (The soring of horses refers to the application of blistering agents, burns, lacerations, sharp objects, or other substances or devices to a horse's limb to produce a higher gait by making it painful for the horse to step down.)
Replaces the current horse inspector appointment process under which the management of a horse show, exhibition, sale, or auction appoints inspectors with a new process requiring the Secretary to assign USDA-licensed inspectors after receiving notice that management intends to hire such inspectors.
Specifies that the term "management" includes sponsoring organizations and event managers.
Directs the Secretary to disqualify a horse the Secretary determines is sore for specified minimum time periods that increase after the first, second, and third instance.
Prohibits a person from causing or directing a horse to become sore for the purpose of any horse show, exhibition, sale, or auction or allowing any such activity respecting a horse which is sore by the owner of such horse.
Expands a list of activities designated as unlawful conduct under such Act to include a prohibition on showing, exhibiting, selling, or auctioning a Tennessee Walking, a Racking, or a Spotted Saddle horse with: (1) an action device; or (2) a weighted shoe, pad, wedge, hoof band, or other device or material if it is constructed to artificially alter the gait of such horses and is not strictly protective or therapeutic.
Defines "action device" as any boot, collar, chain, roller, or other device that encircles or is placed upon the lower extremity of the leg of a horse in such a manner that it can: (1) rotate around the leg or slide up and down the leg, so as to cause friction; or (2) strike the hoof, coronet band, fetlock joint, or pastern of the horse.
Increases the maximum criminal penalties and maximum civil liability penalties to the United States for certain HPA violations.
Expands the categories of activities the Secretary may disqualify a violator of such Act from participating in to include: (1) transporting or arranging for the transportation of a horse to or from a show, exhibition, sale, or auction; (2) personally giving instructions to an exhibitor; (3) being knowingly present in a warm-up area, inspection area, or other area that spectators are not permitted; or (4) financing the participation of other individuals.
Permits the Secretary to permanently disqualify a person with at least three violations after notice and an opportunity for a hearing. | To amend the Horse Protection Act to designate additional unlawful acts under the Act, strengthen penalties for violations of the Act, improve Department of Agriculture enforcement of the Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community College to Career Fund
Act''.
SEC. 2. COMMUNITY COLLEGE TO CAREER FUND.
(a) In General.--Title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3111 et seq.) is amended by adding at the
end the following:
``Subtitle F--Community College to Career Fund
``SEC. 199. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIPS PROGRAM.
``(a) Grants Authorized.--Not later than the end of the first full
fiscal year after the date of enactment of the Community College to
Career Fund Act, from funds appropriated under section 199A, the
Secretary of Labor (in coordination with the Secretary of Education and
the Secretary of Commerce) shall award competitive grants to eligible
entities described in subsection (b) for the purpose of developing,
offering, improving, and providing educational or career training
programs for workers. The grants shall be awarded for periods of 3
years.
``(b) Eligible Entity.--
``(1) Partnerships with employers or an employer or
industry partnership.--
``(A) General definition.--For purposes of this
section, an `eligible entity' means any of the entities
described in subparagraph (B) (or a consortium of any
of such entities) in partnership with employers or an
employer or industry partnership representing multiple
employers.
``(B) Description of entities.--The entities
described in this subparagraph are--
``(i) a community college;
``(ii) a 4-year public institution of
higher education (as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C.
1001(a))) that offers 2-year degrees, and that
will use funds provided under this section for
activities at the certificate and associate
degree levels;
``(iii) a Tribal College or University (as
defined in section 316(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b))); or
``(iv) a public or private nonprofit, 2-
year institution of higher education (as
defined in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002)) in the
Commonwealth of Puerto Rico, Guam, the United
States Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands,
the Republic of the Marshall Islands, the
Federated States of Micronesia, or the Republic
of Palau.
``(2) Additional partners.--
``(A) Authorization of additional partners.--In
addition to partnering with employers or an employer or
industry partnership representing multiple employers as
described in paragraph (1)(A), an entity described in
paragraph (1) may include in the partnership described
in paragraph (1) one or more of the organizations
described in subparagraph (B). Each eligible entity
that includes one or more such organizations shall
collaborate with the State or local board in the area
served by the eligible entity.
``(B) Organizations.--The organizations described
in this subparagraph are as follows:
``(i) A provider of adult education (as
defined in section 203) or an institution of
higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001)).
``(ii) A community-based organization.
``(iii) A joint labor-management
partnership.
``(iv) A State board.
``(v) An elementary school or secondary
school, as defined in section 8101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(vi) Any other organization that the
Secretaries consider appropriate.
``(c) Educational or Career Training Program.--For purposes of this
section, the Governor of the State in which at least one of the
entities described in subsection (b)(1)(B) of an eligible entity is
located shall establish criteria for an educational or career training
program leading to a recognized postsecondary credential for which an
eligible entity submits a grant proposal under subsection (d).
``(d) Application.--An eligible entity seeking a grant under this
section shall submit an application containing a grant proposal, for an
educational or career training program leading to a recognized
postsecondary credential, to the Secretaries at such time and
containing such information as the Secretaries determine is required,
including--
``(1) a detailed description of--
``(A) the extent to which the educational or career
training program described in the grant proposal fits
within an overall strategic plan consisting of--
``(i) the State plan described in section
102 or 103, for the State involved;
``(ii) the local plan described in section
108, for each local area that comprises a
significant portion of the area to be served by
the eligible entity; and
``(iii) a strategic plan developed by the
eligible entity;
``(B) the extent to which the program will meet the
needs of employers in the area for skilled workers in
in-demand industry sectors and occupations;
``(C) the extent to which the program will meet the
educational or career training needs of workers in the
area;
``(D) the specific educational or career training
program and how the program meets the criteria
established under subsection (e), including the manner
in which the grant will be used to develop, offer,
improve, and provide the educational or career training
program;
``(E) any previous experience of the eligible
entity in providing educational or career training
programs, the absence of which shall not automatically
disqualify an eligible institution from receiving a
grant under this section; and
``(F) how the program leading to the credential
meets the criteria described in subsection (c); and
``(2) a detailed plan on how the entity will ensure that
the program will meet the performance measures described in
subsection (g), and an assurance that the entity will annually
submit to the Secretary information on the performance of the
program on the performance measures described in subsection
(g).
``(e) Criteria for Award.--
``(1) In general.--Grants under this section shall be
awarded based on criteria established by the Secretaries, that
include the following:
``(A) A determination of the merits of the grant
proposal submitted by the eligible entity involved to
develop, offer, improve, and provide an educational or
career training program to be made available to
workers.
``(B) An assessment of the likely employment
opportunities available in the area to individuals who
complete an educational or career training program that
the eligible entity proposes to develop, offer,
improve, and provide.
``(C) An assessment of prior demand for training
programs by individuals eligible for training and
served by the eligible entity, as well as availability
and capacity of existing (as of the date of the
assessment) training programs to meet future demand for
training programs.
``(2) Priority.--In awarding grants under this section, the
Secretaries shall give priority to eligible entities that--
``(A) include a partnership, with employers or an
employer or industry partnership, that--
``(i) pays a portion of the costs of
educational or career training programs; or
``(ii) agrees to hire individuals who have
attained a recognized postsecondary credential
resulting from the educational or career
training program of the eligible entity;
``(B) enter into a partnership with a labor
organization or labor-management training program to
provide, through the program, technical expertise for
occupationally specific education necessary for a
recognized postsecondary credential leading to a
skilled occupation in an in-demand industry sector;
``(C) are focused on serving individuals with
barriers to employment, students who are veterans,
spouses of member of the Armed Forces, incumbent
workers who are low-skilled and who need to increase
their work-related skills;
``(D) include any eligible entities serving areas
with high unemployment rates; and
``(E) are eligible entities that include an
institution of higher education eligible for assistance
under title III or V of the Higher Education Act of
1965 (20 U.S.C. 1051 et seq.; 20 U.S.C. 1101 et seq.).
``(f) Use of Funds.--Grant funds awarded under this section shall
be used for one or more of the following:
``(1) The development, offering, improvement, and provision
of educational or career training programs, that provide
relevant job training for skilled occupations, that lead to
recognized postsecondary credentials, that will meet the needs
of employers in in-demand industry sectors, and that may
include registered apprenticeship programs, on-the-job training
programs, and programs that support employers in upgrading the
skills of their workforce.
``(2) The development and implementation of policies and
programs to expand opportunities for students to earn a
recognized postsecondary credential, including a degree, in in-
demand industry sectors and occupations, including by--
``(A) facilitating the transfer of academic credits
between institutions of higher education, including the
transfer of academic credits for courses in the same
field of study;
``(B) expanding articulation agreements and
policies that guarantee transfers between such
institutions, including through common course numbering
and use of a general core curriculum;
``(C) developing or enhancing student support
services programs; and
``(D) establishing policies and processes for
assessing and awarding course credit for work-related
learning.
``(3) The creation of career pathway programs that provide
a sequence of education and occupational training that leads to
a recognized postsecondary credential, including a degree,
including programs that--
``(A) blend basic skills and occupational training;
``(B) facilitate means of transitioning
participants from non-credit occupational, basic
skills, or developmental coursework to for-credit
coursework within and across institutions;
``(C) build or enhance linkages, including the
development of dual enrollment programs and early
college high schools, between secondary education or
adult education programs (including programs
established under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.) and title II of this Act);
``(D) are innovative programs designed to increase
the provision of training for students, including
students who are members of the National Guard or
Reserves, to enter skilled occupations in in-demand
industry sectors;
``(E) support paid internships that will allow
students to simultaneously earn credit for work-based
learning and gain relevant employment experience in an
in-demand industry sector or occupation, which shall
include opportunities that transition individuals into
employment; and
``(F) develop competency-based education programs
that offer an outcome-oriented approach through which
recognized postsecondary credentials are awarded based
on successful demonstration of skills and proficiency.
``(4) The development and implementation of--
``(A) a Pay-for-Performance program that leads to a
recognized postsecondary credential, for which an
eligible entity agrees to be reimbursed under the grant
primarily on the basis of achievement of specified
performance outcomes and criteria agreed to by the
Secretary; or
``(B) a Pay-for-Success program that leads to a
recognized postsecondary credential, for which an
eligible entity--
``(i) enters into a partnership with an
investor, such as a philanthropic organization
that provides funding for a specific project to
address a clear and measurable educational or
career training need in the area to be served
under the grant; and
``(ii) agrees to be reimbursed under the
grant only if the project achieves specified
performance outcomes and criteria agreed to by
the Secretary.
``(g) Performance Measures.--
``(1) In general.--The Secretary shall establish
performance measures for the programs carried out under this
section.
``(2) Measures.--The performance measures shall consist
of--
``(A) indicators of performance, including the
number of program participants who are in unsubsidized
employment during the second quarter after exit from
the program; and
``(B) a level of performance for each indicator
described in subparagraph (A).
``(3) Monitoring progress.--The Secretary shall monitor the
progress of eligible entities that receive grants under this
section in ensuring that their programs meet the performance
measures.
``SEC. 199A. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated such
sums as may be necessary to carry out the program established by
section 199. Funds appropriated under this subsection shall remain
available until the end of the 5th full fiscal year after the date of
enactment of the Community College to Career Fund Act.
``(b) Administrative Cost.--Not more than 5 percent of the amounts
made available under subsection (a) may be used by the Secretaries for
Federal administration the program described in that subsection,
including providing technical assistance and carrying out evaluations
for the program described in that subsection.
``(c) Period of Availability.--The funds appropriated pursuant to
subsection (a) for a fiscal year shall be available for Federal
obligation for that fiscal year and the succeeding 4 fiscal years.
``SEC. 199B. DEFINITIONS.
``For purposes of this subtitle:
``(1) Community college.--The term `community college' has
the meaning given the term `junior or community college' in
section 312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f)).
``(2) Educational or career training program.--The term
`educational or career training program' means--
``(A) a career pathway program, as defined in
section 3; or
``(B) a program with an integrated education and
training approach, as defined in section 203.''.
(b) Conforming Amendment.--The table of contents for the Workforce
Innovation and Opportunity Act is amended by inserting after the items
relating to subtitle E of title I the following:
``Subtitle F--Community College to Career Fund
``Sec. 199. Community college and industry partnerships program.
``Sec. 199A. Authorization of appropriations.
``Sec. 199B. Definition.''.
(c) Effective Date.--This Act, including the amendments made by
this Act, takes effect as if included in the Workforce Innovation and
Opportunity Act. | Community College to Career Fund Act This bill amends the Workforce Innovation and Opportunity Act to direct the Department of Labor to award competitive grants to eligible community colleges, four-year public institutions of higher education, tribal colleges or universities, public or private nonprofit two-year institutions of higher education in specified U.S. territories, or a consortium of any of them, in partnership with employers or an employer or industry partnership representing multiple employers, in order to develop, offer, improve, and provide educational or career training programs for workers. The governor of the state in which at least one of these entities is located shall establish criteria for an educational or career training program leading to a recognized postsecondary credential for which an eligible entity submits a grant proposal. | Community College to Career Fund Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haskell Indian Nations University
and Southwestern Indian Polytechnic Institute Administrative Systems
Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the provision of culturally sensitive curricula for
higher education programs at Haskell Indian Nations University
and the Southwestern Indian Polytechnic Institute is consistent
with the commitment of the Federal Government to the
fulfillment of treaty obligations to Indian tribes through the
principle of self-determination and the use of Federal
resources; and
(2) giving a greater degree of autonomy to those
institutions, while maintaining them as an integral part of the
Bureau of Indian Affairs, will facilitate--
(A) the transition of Haskell Indian Nations
University to a 4-year university; and
(B) the administration and improvement of the
academic program of the Southwestern Indian Polytechnic
Institute.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) Haskell indian nations university.--The term ``Haskell
Indian Nations University'' means Haskell Indian Nations
University, located in Lawrence, Kansas.
(2) Southwestern indian polytechnic institute.--The term
``Southwestern Indian Polytechnic Institute'' means the
Southwestern Indian Polytechnic Institute, located in
Albuquerque, New Mexico.
(3) Respective institutions, etc.--The terms ``respective
institutions'' and ``institutions to which this Act applies''
mean Haskell Indian Nations University and the Southwestern
Indian Polytechnic Institute.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. PERSONNEL MANAGEMENT.
(a) Inapplicability of Certain Civil Service Laws.--Chapters 51,
53, and 63 of title 5, United States Code (relating to classification,
pay, and leave, respectively) and the provisions of such title relating
to the appointment, performance evaluation, promotion, and removal of
civil service employees shall not apply to applicants for employment
with, employees of, or positions in or under either of the institutions
to which this Act applies.
(b) Alternative Personnel Management Provisions.--
(1) In general.--The president of each of the respective
institutions shall by regulation prescribe such personnel
management provisions as may be necessary, in the interest of
effective administration, to replace the provisions of law that
are inapplicable with respect to such institution by reason of
subsection (a).
(2) Procedural requirements.--Regulations under this
subsection--
(A) shall be prescribed in consultation with the
board of regents (or, if none, the governing body) of
the institution involved and other appropriate
representative bodies;
(B) shall be subject to the requirements of
subsections (b) through (e) of section 553 of title 5,
United States Code; and
(C) shall not take effect except with the prior
written approval of the Secretary.
(c) Specific Substantive Requirements.--Under the regulations
prescribed for an institution under this section--
(1) no rate of basic pay may, at any time, exceed--
(A) in the case of an employee who would otherwise
be subject to the General Schedule, the maximum rate of
basic pay then currently payable for grade GS-15 of the
General Schedule (including any amount payable under section 5304 of
title 5, United States Code, or other similar authority for the
locality involved); or
(B) in the case of an employee who would otherwise
be subject to subchapter IV of chapter 53 of title 5,
United States Code (relating to prevailing rate
systems), the maximum rate of basic pay which (but for
this section) would then otherwise be currently payable
under the wage schedule covering such employee;
(2) section 5307 of title 5, United States Code (relating
to limitation on certain payments) shall apply, subject to such
definitional and other modifications as may be necessary in the
context of the applicable alternative personnel management
provisions under this section;
(3) procedures shall be established for the rapid and
equitable resolution of grievances;
(4) no employee may be discharged without notice of the
reasons therefor and opportunity for a hearing under procedures
that comport with the requirements of due process, except that
this paragraph shall not apply in the case of an employee
serving a probationary or trial period under an initial
appointment; and
(5) employees serving for a period specified in or
determinable under an employment agreement shall, except as
otherwise provided in the agreement, be notified at least 30
days before the end of such period as to whether their
employment agreement will be renewed.
(d) Rule of Construction.--Nothing in this section shall be
considered to affect the applicability of--
(1) any provision of law providing for--
(A) equal employment opportunity;
(B) Indian preference; or
(C) veterans' preference;
(2) any provision of chapter 23 of title 5, United States
Code, or any other provision of such title, relating to merit
system principles or prohibited personnel practices; or
(3) chapter 71 of title 5, United States Code, relating to
labor-management and employee relations.
(e) Labor-Management Provisions.--
(1) Collective-bargaining agreements.--Any collective-
bargaining agreement in effect on the day before the applicable
effective date under subsection (f)(1) shall continue to be
recognized by the institution involved until altered or amended
pursuant to law.
(2) Exclusive representative.--Nothing in this Act shall
affect the right of any labor organization to be accorded (or
to continue to be accorded) recognition as the exclusive
representative of any unit of employees.
(3) Other provisions.--Matters made subject to regulation
under this section shall not be subject to collective
bargaining.
(f) Effective Date.--
(1) Alternative personnel management provisions.--Any
alternative personnel management provisions under this section
shall take effect on such date as may be specified in the
regulations applicable with respect to the institution
involved, except that in no event shall the date specified be
later than 1 year after the date of the enactment of this Act.
(2) Provisions made inapplicable by this section.--
Subsection (a) shall, with respect to an institution, take
effect as of the effective date specified with respect to such
institution under paragraph (1).
(g) Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, the alternative personnel management provisions
under this section shall apply with respect to all applicants
for employment with, all employees of, and all positions in or
under the institution involved.
(2) Current employees not covered except pursuant to a
voluntary election.--
(A) In general.--An employee serving with an
institution on the day before the applicable effective
date under subsection (f)(1) shall not be subject to
such institution's alternative personnel management
provisions (and shall instead, for purposes of such
institution, be treated in the same way as if this
section had not been enacted, notwithstanding
subsection (a)) unless, before the end of the 5-year
period beginning on such effective date, such employee
elects to be covered by such provisions.
(B) Procedures.--An election under this paragraph
shall be made in such form and in such manner as may be
required under the regulations, and shall be irrevocable.
(3) Transition provisions.--
(A) Provisions relating to annual and sick leave.--
Any individual who--
(i) makes an election under paragraph (2),
or
(ii) on or after the applicable effective
date under subsection (f)(1), is transferred,
promoted, or reappointed, without a break in
service of 3 days or longer, to a position
within an institution to which this Act applies
from a position with the Federal Government or
the government of the District of Columbia,
shall be credited, for the purpose of the leave system
provided under regulations prescribed under this
section, in conformance with the requirements of
section 6308 of title 5, United States Code, with the
annual and sick leave to such individual's credit
immediately before the effective date of such election,
transfer, promotion, or reappointment, as the case may
be.
(B) Liquidation of remaining leave upon
termination.--
(i) Annual leave.--Upon termination of
employment with an institution to which this
Act applies, any annual leave remaining to the
credit of an individual within the purview of
this section shall be liquidated in accordance
with section 5551(a) and section 6306 of title
5, United States Code.
(ii) Sick leave.--Upon termination of
employment with an institution to which this
Act applies, any sick leave remaining to the
credit of an individual within the purview of
this section shall be creditable for civil
service retirement purposes in accordance with
section 8339(m) of title 5, United States Code,
except that leave earned or accrued under
regulations prescribed under this section shall
not be so creditable.
(C) Transfer of remaining leave upon transfer,
promotion, or reemployment.--In the case of an employee
of an institution to which this Act applies who is
transferred, promoted, or reappointed, without a break
in service of 3 days or longer, to a position in the
Federal Government (or the government of the District
of Columbia) under a different leave system, any leave
remaining to the credit of that individual which was
earned or credited under the regulations prescribed
under this section shall be transferred to such
individual's credit in the employing agency on an
adjusted basis in accordance with section 6308 of title
5, United States Code.
(4) Work-study.--Nothing in this section shall be
considered to apply with respect to a work-study student, as
defined by the president of the institution involved, in
writing.
SEC. 5. DELEGATION OF PROCUREMENT AUTHORITY.
The Secretary shall, to the maximum extent consistent with
applicable law and subject to the availability of appropriations
therefor, delegate to the president of each of the respective
institutions procurement and contracting authority with respect to the
conduct of the administrative functions of such institution.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to each of the respective
institutions for fiscal year 1998, and for each fiscal year
thereafter--
(1) the amount of funds made available by appropriations as
operations funding for the administration of such institution
for fiscal year 1997; and
(2) such additional sums as may be necessary for the
operation of such institution pursuant to this Act. | Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1997 - Provides that certain civil service laws relating to personnel management shall not apply to applicants for employment with, employees of, or positions in or under the Haskell Indian Nations University and the Southwestern Indian Polytechnic Institute. Directs the president of each of the respective institutions to prescribe by regulation alternative personnel management provisions. Disallows covering current employees except pursuant to a voluntary election.
Directs the Secretary of the Interior to delegate to the president of each of the respective institutions procurement authority with respect to the conduct of the administrative functions of the university.
Authorizes as appropriations to each of the respective institutions for FY 1998, and for each fiscal year thereafter: (1) the amount of funds made available by appropriations as operations funding for the administration of such institution for FY 1997; and (2) such additional sums as may be necessary for the operation of such institution pursuant to this Act. | Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nursing Home Residential Security
Act of 1999''.
SEC. 2. RESTRICTIONS ON TRANSFERS OR DISCHARGES OF NURSING FACILITY
RESIDENTS IN THE CASE OF VOLUNTARY WITHDRAWAL FROM
PARTICIPATION UNDER THE MEDICAID PROGRAM.
(a) In General.--Section 1919(c)(2) of the Social Security Act (42
U.S.C. 1396r(c)(2)) is amended by adding at the end the following new
subparagraph:
``(F) Continuing rights in case of voluntary
withdrawal from participation.--
``(i) In general.--In the case of a nursing
facility that voluntarily withdraws from
participation in a State plan under this title
but continues to provide services of the type
provided by nursing facilities--
``(I) the facility's voluntary
withdrawal from participation is not an
acceptable basis for the transfer or
discharge of residents of the facility
who were residing in the facility on
the day before the effective date of
the withdrawal (including those
residents who were not entitled to
medical assistance as of such day);
``(II) the provisions of this
section continue to apply to such
residents until the date of their
discharge from the facility; and
``(III) in the case of each
individual who begins residence in the
facility after the effective date of
such withdrawal, the facility shall
provide notice orally and in a
prominent manner in writing on a
separate page at the time the
individual begins residence of the
information described in clause (ii)
and shall obtain from each such
individual at such time an
acknowledgment of receipt of such
information that is in writing, signed
by the individual, and separate from
other documents signed by such
individual.
Nothing in this subparagraph shall be construed
as affecting any requirement of a participation
agreement that a nursing facility provide
advance notice to the State or the Secretary,
or both, of its intention to terminate the
agreement.
``(ii) Information for new residents.--The
information described in this clause for a
resident is the following:
``(I) The facility is not
participating in the program under this
title with respect to that resident.
``(II) The facility may transfer or
discharge the resident from the
facility at such time as the resident
is unable to pay the charges of the
facility, even though the resident may
have become eligible for medical
assistance for nursing facility
services under this title.
``(iii) Continuation of payments and
oversight authority.--Notwithstanding any other
provision of this title, with respect to the
residents described in clause (i)(I), a
participation agreement of a facility described
in clause (i) is deemed to continue in effect
under such plan after the effective date of the
facility's voluntary withdrawal from
participation under the State plan for purposes
of--
``(I) receiving payments under the
State plan for nursing facility
services provided to such residents;
``(II) maintaining compliance with
all applicable requirements of this
title; and
``(III) continuing to apply the
survey, certification, and enforcement
authority provided under subsections
(g) and (h) (including involuntary
termination of a participation
agreement deemed continued under this
clause).
``(iv) No application to new residents.--
This paragraph (other than subclause (III) of
clause (i)) shall not apply to an individual
who begins residence in a facility on or after
the effective date of the withdrawal from
participation under this subparagraph.''.
(b) Effective Date.--The amendment made by subsection (a) applies
to voluntary withdrawals from participation occurring on or after the
date of the enactment of this Act. | Nursing Home Residential Security Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to establish certain restrictions on transfers or discharges of nursing facility residents in the case of voluntary withdrawal from Medicaid participation. | Nursing Home Residential Security Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Unemployment Insurance
Amendments Act of 1996''.
SEC. 2. WAITING PERIOD FOR UNEMPLOYMENT BENEFITS.
Subparagraph (A) of section 2(a)(1) of the Railroad Unemployment
Insurance Act (45 U.S.C. 352(a)(1)(A)) is amended to read as follows:
``(A) Payment of Unemployment Benefits.--
``(i) Generally.--Except as otherwise provided in this
subparagraph, benefits shall be payable to any qualified employee
for each day of unemployment in excess of 4 during any registration
period within a period of continuing unemployment.
``(ii) Waiting period for first registration period.-- Benefits
shall be payable to any qualified employee for each day of
unemployment in excess of 7 during that employee's first
registration period in a period of continuing unemployment if such
period of continuing unemployment is the employee's initial period
of continuing unemployment commencing in the benefit year.
``(iii) Strikes.--
``(I) Initial 14-day waiting period.--If the Board finds
that a qualified employee has a period of continuing
unemployment that includes days of unemployment due to a
stoppage of work because of a strike in the establishment,
premises, or enterprise at which such employee was last
employed, no benefits shall be payable for such employee's
first 14 days of unemployment due to such stoppage of work.
``(II) Subsequent days of unemployment.--For subsequent
days of unemployment due to the same stoppage of work, benefits
shall be payable as provided in clause (i) of this
subparagraph.
``(III) Subsequent periods of continuing unemployment.--If
such period of continuing unemployment ends by reason of clause
(v) but the stoppage of work continues, the waiting period
established in clause (ii) shall apply to the employee's first
registration period in a new period of continuing unemployment
based upon the same stoppage of work.
``(iv) Definition of period of continuing unemployment.--Except
as limited by clause (v), for the purposes of this subparagraph,
the term `period of continuing unemployment' means--
``(I) a single registration period that includes more than
4 days of unemployment;
``(II) a series of consecutive registration periods, each
of which includes more than 4 days of unemployment; or
``(III) a series of successive registration periods, each
of which includes more than 4 days of unemployment, if each
succeeding registration period begins within 15 days after the
last day of the immediately preceding registration period.
``(v) Special rule regarding end of period.--For purposes of
applying clause (ii), a period of continuing unemployment ends when
an employee exhausts rights to unemployment benefits under
subsection (c) of this section.
``(vi) Limit on amount of benefits.--No benefits shall be
payable to an otherwise eligible employee for any day of
unemployment in a registration period where the total amount of the
remuneration (as defined in section 1(j)) payable or accruing to
him for days within such registration period exceeds the amount of
the base year monthly compensation base. For purposes of the
preceding sentence, an employee's remuneration shall be deemed to
include the gross amount of any remuneration that would have become
payable to that employee but did not become payable because that
employee was not ready or willing to perform suitable work
available to that employee on any day within such registration
period.''.
SEC. 3. WAITING PERIOD FOR SICKNESS BENEFITS.
Subparagraph (B) of section 2(a)(1) of the Railroad Unemployment
Insurance Act (45 U.S.C. 352(a)(1)(B)) is amended to read as follows:
``(B) Payment of Sickness Benefits.--
``(i) Generally.--Except as otherwise provided in this
subparagraph, benefits shall be payable to any qualified employee
for each day of sickness after the 4th consecutive day of sickness
in a period of continuing sickness but excluding 4 days of sickness
in any registration period in such period of continuing sickness.
``(ii) Waiting period for first registration period.--Benefits
shall be payable to any qualified employee for each day of sickness
in excess of 7 during that employee's first registration period in
a period of continuing sickness if such period of continuing
sickness is the employee's initial period of continuing sickness
commencing in the benefit year. For the purposes of this clause,
the first registration period in a period of continuing sickness is
that registration period that first begins with 4 consecutive days
of sickness and includes more than 4 days of sickness.
``(iii) Definition of period of continuing sickness.--For the
purposes of this subparagraph, a period of continuing sickness
means--
``(I) a period of consecutive days of sickness, whether
from 1 or more causes; or
``(II) a period of successive days of sickness due to a
single cause without interruption of more than 90 consecutive
days which are not days of sickness.
``(iv) Special rule regarding end of period.--For purposes of
applying clause (ii), a period of continuing sickness ends when an
employee exhausts rights to sickness benefits under subsection (c)
of this section.''.
SEC. 4. MAXIMUM DAILY BENEFIT RATE.
Paragraph (3) of section 2(a) of the Railroad Unemployment
Insurance Act (45 U.S.C. 352(a)(3)) is amended to read as follows:
``(3) The maximum daily benefit rate computed by the Board under
section 12(r)(2) shall be the product of the monthly compensation base,
as computed under section 1(i)(2) for the base year immediately
preceding the beginning of the benefit year, multiplied by 5 percent.
If the maximum daily benefit rate so computed is not a multiple of $1,
it shall be rounded down to the nearest multiple of $1.''.
SEC. 5. MAXIMUM NUMBER OF DAYS FOR BENEFITS.
(a) In General.--Subsection (c) of section 2 of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)) is amended to read as
follows:
``(c) Maximum Number of Days for Benefits.--
``(1) Normal benefits.--
``(A) Generally.--The maximum number of days of
unemployment within a benefit year for which benefits may be
paid to an employee shall be 130, and the maximum number of
days of sickness within a benefit year for which benefits may
be paid to an employee shall be 130.
``(B) Limitation.--The total amount of benefits that may be
paid to an employee for days of unemployment within a benefit
year shall in no case exceed the employee's compensation in the
base year; and the total amount of benefits that may be paid to
an employee for days of sickness within a benefit year shall in
no case exceed the employee's compensation in the base year,
except that notwithstanding section 1(i), in determining the
employee's compensation in the base year for the purpose of
this sentence, any money remuneration paid to the employee for
services rendered as an employee shall be taken into account
that is not in excess of an amount that bears the same ratio to
$775 as the monthly compensation base for that year as computed
under section 1(i) bears to $600.
``(2) Extended benefits.--
``(A) Generally.--With respect to an employee who has 10 or
more years of service as defined in section 1(f) of the
Railroad Retirement Act of 1974, who did not voluntarily retire
and (in a case involving exhaustion of rights to normal
benefits for days of unemployment) did not voluntarily leave
work without good cause, and who had current rights to normal
benefits for days of unemployment or days of sickness in a
benefit year but has exhausted such rights, the benefit year in
which such rights are exhausted shall be deemed not to be ended
until the last day of the extended benefit period determined
under this paragraph, and extended unemployment benefits or
extended sickness benefits (depending on the type of normal
benefit rights exhausted) may be paid for not more than 65 days
of unemployment or 65 days of sickness within such extended
benefit period.
``(B) Beginning date.--An employee's extended benefit
period shall begin on the employee's first day of unemployment
or first day of sickness, as the case may be, following the day
on which the employee exhausts the employee's then current
rights to normal benefits for days of unemployment or days of
sickness and shall continue for 7 consecutive 14-day periods,
each of which shall constitute a registration period, but no
such extended benefit period shall extend beyond the beginning
of the first registration period in a benefit year in which the
employee is again qualified for benefits in accordance with
section 3 on the basis of compensation earned after the first
of such consecutive 14-day periods has begun.
``(C) Termination when employee reaches age of 65.--
Notwithstanding any other provision of this paragraph, an
extended benefit period for sickness benefits shall terminate
on the day next preceding the date on which the employee
attains age 65, except that it may continue for the purpose of
paying benefits for days of unemployment.
``(3) Accelerated benefits.--
``(A) General rule.--With respect to an employee who has 10
or more years of service as defined in section 1(f) of the
Railroad Retirement Act of 1974, who did not voluntarily
retire, and (in a case involving unemployment benefits) did not
voluntarily leave work without good cause, who has 14 or more
consecutive days of unemployment, or 14 or more consecutive
days of sickness, and who is not a qualified employee with
respect to the general benefit year current when such
unemployment or sickness commences but is or becomes a
qualified employee for the next succeeding general benefit
year, such succeeding general benefit year shall, in that
employee's case, begin on the first day of the month in which
such unemployment or sickness commences.
``(B) Exception.--In the case of a succeeding benefit year
beginning in accordance with subparagraph (A) by reason of
sickness, such sentence shall not operate to permit the payment
of benefits in the period provided for in such sentence for any
day of sickness beginning with the date on which the employee
attains age 65, and continuing through the day preceding the
first day of the next succeeding general benefit year.
``(C) Determination of age.--For the purposes of this
subsection, the Board may rely on evidence of age available in
its records and files at the time determinations of age are
made.''.
(b) Repeal of Deadwood Provision.--Section 2(h) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(h)) is repealed.
(c) Repeal of Expired Provision.--Section 17 of the Railroad
Unemployment Insurance Act (45 U.S.C. 368), relating to payment of
supplemental unemployment benefits, is repealed.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect on 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. | Railroad Unemployment Insurance Amendments Act of 1996 - Amends the Railroad Unemployment Insurance Act to revise and reduce the waiting period for unemployment benefits. Repeals the prohibition against payment of benefits for days of unemployment during the first thirteen-day period of unemployment registration within a benefit year in which the employee has more than four days of unemployment. Permits payment of such benefits to an employee after seven days of unemployment during such first registration period during a time of continued unemployment, if such period is the employee's initial period of continuing unemployment in that benefit year. Prohibits payment of benefits during a registration period in excess of an employee's monthly compensation base for the applicable base year.
Applies the seven-day waiting period allowance and requirements, where a period of continuing employment is due to a strike-related work stoppage, to an employee's first registration period following exhaustion of benefit rights in a new period of continuing employment based upon the same work stoppage. (Currently, such waiting period would be 14 days.) Defines period of continuing unemployment.
Makes similar revisions to, and reductions in, the waiting period for sickness benefits. Repeals the prohibition against payment of benefits for days of sickness during the first thirteen-day registration period within a benefit year in which the employee has both four consecutive days of sickness and more than four days of sickness. Permits payment of such benefits to an employee for each day in excess of seven during such first registration period in a period of continuing sickness if that registration period begins with four consecutive days of sickness and includes more than four days of sickness. Waives such waiting period for the first registration period in any subsequent period of continuing sickness beginning in the same benefit year. Defines period of continuing sickness.
Repeals the current formula for calculating the maximum daily benefit rate to make such rate five percent of the monthly compensation base.
Repeals the eligibility for extended unemployment benefits of employees with less than ten years of service. Reduces from to 65 days the maximum number of extended unemployment or sickness benefit days for employees with 15 or more years of service (thus limiting to 65 the maximum number of such extended benefit days for all employees with ten or more years of service).
Repeals the entitlement to supplemental unemployment benefits of certain employees with less than ten years of service. | Railroad Unemployment Insurance Amendments Act of 1996 |
SECTION 1. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO NONPARTY
MULTICANDIDATE POLITICAL COMMITTEE CONTRIBUTIONS IN
ELECTIONS FOR FEDERAL OFFICE.
Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the
following: ``, except that, in the case of a nonparty multicandidate
political committee, the limitation under this subparagraph shall be
$1,000''.
SEC. 2. PROHIBITION OF NONPARTY MULTICANDIDATE POLITICAL COMMITTEE
BUNDLING OF CONTRIBUTIONS TO CANDIDATES.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(i) No nonparty multicandidate political committee may act as an
intermediary or conduit with respect to a contribution to a candidate
for Federal office.''.
SEC. 3. PROHIBITION OF LEADERSHIP COMMITTEES.
Section 302 of the Federal Election Campaign Act of 1971 (2 U.S.C.
432) is amended by adding at the end the following new subsection:
``(j) A candidate for Federal office may not establish, maintain,
finance, or control a political committee, other than the principal
campaign committee of the candidate.''.
SEC. 4. INCOME TAX CREDIT FOR CONTRIBUTIONS TO CANDIDATES FOR THE HOUSE
OF REPRESENTATIVES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting before section 25 the
following new section:
``SEC. 24. CONTRIBUTIONS TO CANDIDATES FOR THE HOUSE OF
REPRESENTATIVES.
``(a) General Rule.--In the case of an individual, there shall be
allowed, subject to the limitations in subsection (b), as a credit
against the tax imposed by this chapter for the taxable year, an amount
equal to all local congressional political contributions for which
payment is made by the taxpayer within the taxable year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed by subsection (a)
for a taxable year shall not exceed $100 ($200 in the case of a
joint return).
``(2) Verification.--A credit shall be allowed by
subsection (a) with respect to any local congressional
political contribution only if the contribution is verified in
the manner prescribed by the Secretary in regulations.
``(c) Definitions.--For purposes of this section--
``(1) Local congressional political contribution.--The term
`local congressional political contribution' means a
contribution or gift of money to--
``(A) a local congressional candidate, or
``(B) a committee, association, or organization
(whether or not incorporated) organized and operated
exclusively for the purpose of influencing (or
attempting to influence) the nomination or election of
a local congressional candidate,
for use to further the candidacy of such candidate for
nomination or election to the House of Representatives.
``(2) Local congressional candidate.--The term `local
congressional candidate' means a candidate in any primary,
general, or special election for nomination or election to the
House of Representatives for the congressional district in
which the principal residence of the taxpayer is located.
``(3) Candidate.--The term `candidate' means an individual
who--
``(A) publicly announces before the close of the
calendar year following the calendar year in which the
contribution or gift is made that the individual is a
candidate for nomination or election to the House of
Representatives, and
``(B) meets the qualification prescribed by law to
hold such office.
``(4) Principal residence.--The term `principal residence'
has the same meaning as when used in section 1034.
``(d) Cross Reference.--
``For disallowance of credits to estates
and trusts, see section 642(j).''
(b) Conforming Amendments.--
(1) Section 642 of such Code (relating to special rules for
credits and deductions) is amended by adding at the end the
following new subsection:
``(j) Political Contributions.--An estate or trust shall not be
allowed the credit for contributions to candidates for the House of
Representatives provided by section 24.''
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
before the item relating to section 25 the following new item.
``Sec. 24. Contributions to candidates
for the House of
Representatives.''
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid after the date of the enactment of this Act.
SEC. 5. REPEAL OF CERTAIN CHANGES IN THE MINIMUM TAX RELATING TO
DEPLETION AND INTANGIBLE DRILLING COSTS.
(a) Restoration of Minimum Tax Preference for Depletion and
Intangible Drilling Costs for Independent Producers and Royalty
Owners.--Section 1915 of the Energy Policy Act of 1992 (and the
amendments made by such section) are hereby repealed, and the Internal
Revenue Code of 1986 shall be applied and administered as if such
section (and amendments) had never been enacted.
(b) Repeal of Minimum Tax Deduction Based On Intangible Drilling
Cost Preference.--
(1) In general.--Subparagraph (A) of section 56(h)(1) of
such Code (relating to adjustment based on energy preferences),
as in effect after the application of subsection (a), is
amended to read as follows:
``(A) 50 percent of the marginal production
depletion preference, or''.
(2) Conforming amendments.--
(A) Subsection (h) of section 56 of such Code, as
so in effect, is amended by striking paragraphs (3),
(4), and (6) and by redesignating paragraphs (5), (7),
and (8) as paragraphs (3), (4) and (5), respectively.
(B) Paragraph (4) of section 56(h) of such Code (as
so redesignated by subparagraph (A)) is amended to read
as follows:
``(4) Special rule.--For purposes of paragraphs (1)(B) and
(3), alternative minimum taxable income shall be determined
without regard to the deduction allowable under this subsection
and the alternative tax net operating deduction under
subsection (a)(4).''
(C) Clause (ii) of section 59(a)(2)(A) of such Code
is amended by striking ``alternative tax energy
preference''.
(D) Paragraph (1) of section 59A(b) of such Code is
amended by striking ``alternative tax energy
preference''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after the date of the
enactment of this Act.
SEC. 6. TECHNICAL AMENDMENTS.
(a) Transfer of Definition.--Section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431) is amended by adding at the end the
following new paragraph:
``(20) The term `multicandidate political committee' means a
political committee which has been registered under section 303 for a
period of not less than 6 months, which has received contributions from
more than 50 persons, and, except for any State political party
organization, has made contributions to 5 or more candidates for
Federal office.''.
(b) Conforming Amendment.--Section 315(a)(4) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4)) is amended by
striking out the second sentence. | Amends the Federal Election Campaign Act of 1971 to decrease the limitation on contributions to candidates for Federal office by a multicandidate political committee (PAC). Prohibits a nonparty committee from acting as an intermediary or conduit (to facilitate bundling) with respect to such contributions.
Prohibits a candidate for Federal office from establishing, maintaining, financing, or controlling a political committee (leadership committee) other than the principal campaign committee.
Amends the Internal Revenue Code to allow a tax credit for congressional campaign contributions to candidates for the House of Representatives.
Amends the Internal Revenue Code to repeal the minimum tax deduction based on intangible drilling cost preferences. | To amend the Federal Election Campaign Act of 1971 to limit the influence of nonparty multicandidate political committees in elections for Federal office, to amend the Internal Revenue Code of 1986 to provide for an income tax credit for contributions to candidates for the House of Representatives, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Comprehensive Emergency
Preparedness, Response, and Coordination Act of 2003''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Responders to the terrorist attacks at the World Trade
Center, the Pentagon, and the tragedy in Pennsylvania on
September 11, 2001, from numerous jurisdictions assisted the
fire and rescue, law enforcement, and health workers
responsible for responding within their jurisdictions.
(2) Even in the largest municipalities, first responders
need the support of officials and personnel from their own and
neighboring jurisdictions, as well as support from numerous
regional, State, Federal, and private sector entities.
(3) The sheer number of agencies taking part in any
emergency response demands coordination, mutual support, and
effective communication. Regional planning and coordination of
response efforts are essential to ensure threat-based, multi-
jurisdictional, and interoperable assessments and plans.
(4) There does not exist a consistent national standard for
allocation of homeland security grant money. Threat based
vulnerability assessments and plans will provide a consistent
national standard based on need.
(5) Regional councils of governments, regional planning
commissions, regional planning organizations, and development
districts have the accountability and experience necessary to
develop and coordinate comprehensive regional plans that
encompass the needs of the Federal, State, and local
governments, the private sector, and all other parties with a
stake in providing for the security of their communities.
Regional councils of government can ensure the development of a
coordinated emergency recovery plan involving Federal, State,
and local governments and the private sector.
(6) Coordinated, area-wide training, equipment acquisition,
and recovery planning is essential for effective regional
preparedness and mitigation.
(b) Purpose.--The purpose of this Act is to encourage and
facilitate the development and implementation of regional emergency and
disaster preparedness, response, and recovery coordination plans among
Federal, State, and local governments and the private sector within the
region and to facilitate preparedness and mitigation efforts.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Region.--The term ``region'' means a designated
multijurisdictional planning area or a sub-State district with
boundaries established by interstate compact, State law, or
through mutual agreement of local governments.
(2) Regional council.--The term ``regional council'' means
a multipurpose association of local governments in a planning
region, including councils of governments, regional planning
commissions, regional planning organizations, and area
development districts.
(3) Local government.--The term ``local government'' means
any county, city, town, or other municipality within the United
States.
(4) State.--The term ``State'' means any of the 50 States,
the District of Columbia, or any territory of the United
States.
(5) Stakeholder.--The term ``stakeholder'' means
representatives of Federal, State, local, private, and
nonprofit entities, including--
(A) the Secretary of Homeland Security;
(B) State and local elected officials;
(C) representatives of Federal, State, and local
emergency management agencies;
(D) local fire and rescue personnel;
(E) Federal, State, and local law enforcement
personnel;
(F) public and private health professionals,
including representatives of the Centers for Disease
Control and Prevention and the National Institutes of
Health;
(G) public and private school representatives;
(H) college and university representatives;
(I) representatives of the business community;
(J) port and airport officials;
(K) utilities officials;
(L) representatives of State departments of
transportation;
(M) representatives of local chapters of the
American Red Cross;
(N) representatives of volunteer organizations
concerned with emergency response or disaster recovery;
and
(O) representatives of other entities identified by
the stakeholders.
(6) Regional plan.--The term ``regional plan'' means a
regional emergency and disaster preparedness, response, and
recovery coordination plan developed under this Act.
SEC. 4. DEVELOPMENT OF REGIONAL PLANS.
(a) Coordination of Development.--
(1) In general.--Each regional council shall convene all
local governments and Federal, State, and private sector
stakeholders within its region to coordinate the development of
a regional plan in accordance with this section.
(2) States without regional councils.--In States that do
not have regional councils, the Governor should work with local
officials to organize a regional approach involving local
elected officials and establish a homeland defense regional
planning advisory committee that consists of stakeholders,
including representatives of Federal, State, local, private,
and nonprofit entities, as defined in section 3.
(3) States with areas not covered by a regional council.--
In States with areas that are not covered by a regional
council, the Governor may assign such areas to a regional
council.
(b) Elements of the Regional Plan.--Each regional plan shall
include, at a minimum, the following:
(1) Disaster assessment.--An assessment of natural
disasters, human-induced disasters, and potential terrorist
activities or targets that could disrupt essential services or
mobility, adversely affect public health or safety, or
adversely affect infrastructure within the region.
(2) Response equipment and personnel assessment.--An
assessment of available equipment and personnel to respond to a
disaster.
(3) Equipment needs assessment.--An assessment of equipment
needs based on disaster potential, both natural and manmade.
(4) Communications system.--A plan for the development of a
regional communication system among stakeholders.
(5) Secure information repository.--A plan for the
development of a secure information repository that includes
information needed to coordinate stakeholder responsibilities
within the region.
(6) Emergency coordination information.--Information on the
following:
(A) Response resources.--
(i) Locations, contacts, capabilities, and
capacities of emergency medical facilities.
(ii) Locations, contacts, and equipment
listings for fire, police, and emergency
medical technician services.
(iii) Locations of, and 24-hour contacts
for, appropriate medical facilities and
personnel and other potential first responders.
(iv) Locations and contacts for area
stakeholders involved in the operation and
maintenance of essential services within the
region.
(v) Locations and contacts for area key
military personnel and facilities.
(vi) Locations and contacts for other
response resources as identified by regional
stakeholders.
(B) Support facilities.--
(i) Locations, capabilities, and capacities
of existing shelters.
(ii) Locations of, and available facilities
at, schools, colleges, universities, churches,
and other public buildings.
(iii) Locations of major water and food
supplies.
(iv) Other support facilities as identified
by regional stakeholders.
(C) Infrastructure.--
(i) Locations of water treatment and
storage facilities and distribution mains.
(ii) Locations of utilities lines,
pipelines, and generating facilities.
(iii) Locations of sewer mains and
treatment plants.
(iv) Locations of voice, data, video,
microwave, and satellite uplink communication
facilities.
(v) Locations of radio and television
studios and transmission sites.
(vi) Locations and capacities of shortwave
radio facilities and volunteers.
(vii) Locations of major bridges and dams.
(viii) Locations of major educational
facilities.
(ix) Other infrastructure facilities as
identified by regional stakeholders.
(D) Transportation facilities.--
(i) Locations and capacities of major
transportation facilities, lines, and
terminals, including ports and airports.
(ii) Locations and capacities of local and
regional transportation routes.
(iii) Other transportation facilities as
identified by regional stakeholders.
(E) At-risk populations.--
(i) Locations of large population
concentrations and the times of those
concentrations.
(ii) Schedules of major public events and
capacities of venues.
(iii) Population statistics, including
block level population data.
(iv) School enrollment numbers.
(v) Locations of elderly, infirm, and
disabled persons who need special assistance.
(vi) Other at-risk populations as
identified by regional stakeholders.
(F) Potential targets.--
(i) Locations of major concentrations of
hazardous and biohazard chemicals.
(ii) Locations of fuel depots and
dispensing facilities that meet certain
Environmental Protection Agency thresholds.
(iii) Locations of major concentrations of
munitions and explosives.
(iv) Locations of other potential targets,
such as nuclear power plants, in the region.
(v) Other potential targets as identified
by regional stakeholders.
(G) Debris disposal.--
(i) Identification of locations for debris
disposal.
(ii) Identification of potential health
hazards to personnel involved in debris
disposal.
(iii) Other debris disposal as identified
by regional stakeholders.
(c) Planning Activities.--Planning activities pursuant to this
section shall include--
(1) analyzing and documenting the possibility of a disaster
and the potential consequences or impacts of a disaster upon
life, property, and the environment; and
(2) planning for utilization of geographic information
systems to assess hazards and evaluate the consequences of
potential emergencies or disasters.
(d) Approval of Regional Plan.--The initial phase of a regional
plan, including planning components and an assessment of potential
hazards and equipment needs, shall be approved by the region council's
governing body, and the appropriate Governor or Governors, not later
than the date that is 18 months after the regional council has received
an initial apportionment under this Act.
(e) Update of Regional Plan.--A regional council shall review and
update its regional plan at least annually based on revised threat
assessments, trainings, and drills.
(f) Security of Mapping and Infrastructure Information Contained
Within Regional Plan.--
(1) In general.--For security purposes, the information
contained in the regional plan required under subsection (b)(5)
shall be available only to those public and private officials
and agencies that have responsibility under the plan.
(2) Security technology.--A regional council shall utilize
appropriate computer and software technology for securing the
key resources and critical infrastructure that may be outlined
within the regional plan.
(3) Protection of key resources and critical
infrastructure.--A regional plan shall outline the appropriate
measures to protect the key resources and critical
infrastructure within its region in coordination with other
agencies and representatives from within the region, including
Federal, State, and local government personnel, agencies,
authorities, and the private sector.
(4) Continued review and analysis.--A regional council
shall continue to review and analyze and make recommendations
for improvements in the policies and procedures governing the
security of information contained in its regional plan and
sharing the information with law enforcement, intelligence,
emergency management, and other entities related to homeland
security within the Federal Government and between such
representatives within the region, including Federal, State,
and local government personnel agencies, authorities, and the
private sector.
SEC. 5. FUNDING.
(a) Apportionments to States.--
(1) In general.--To assist States in overseeing and
coordinating the development of regional plans under this Act,
the Secretary of Homeland Security shall apportion to each
State for each of fiscal years 2005, 2006, and 2007 $0.05 for
each person residing in the State and shall apportion to each
State for each of fiscal years 2008 and 2009 such sums as may
be necessary.
(2) Maximum and minimum amount.--Notwithstanding paragraph
(1), a State shall not receive more than $1,000,000 nor less
than $50,000 of the amounts apportioned under this subsection
in a fiscal year.
(b) Apportionments to Regional Councils.--
(1) In general.--To assist regional councils in meeting the
requirements of this Act, the Secretary shall apportion to each
regional council identified by the Secretary for each of fiscal
years 2005, 2006, and 2007 $1.00 for each person residing in
the area represented by the regional council and shall
apportion to each regional council for each of fiscal years
2008 and 2009 such sums as may be necessary to update regional
plans and maintain and update necessary data.
(2) Enhanced funding.--The Secretary may provide an
additional apportionment to a regional council of not more than
$0.25 for each person residing in the area represented by the
regional council based on critical infrastructure and
facilities located in that area, including nuclear power
plants, military and other large Federal installations, dams,
ports, and areas prone to natural disasters (including coastal
areas).
(3) Maximum and minimum amount.--Notwithstanding paragraphs
(1) and (2), a regional council shall not receive more than
$1,000,000 nor less than $50,000 of the amounts apportioned
under this subsection in a fiscal year.
(4) States without regional councils.--Before apportioning
amounts under this section for a fiscal year, the Secretary may
set aside a portion of the amounts for providing assistance to
States described in section 4(a)(2).
(c) Noncompliance.--
(1) Effect on funding.--The Secretary may withhold, reduce,
or deny an apportionment under this section to a State or
region council if the Secretary determines, in writing, that
the State or regional council has not complied, or provided
adequate assurances that it will comply, with the requirements
of this Act.
(2) Noncompliance by regional councils.--In the case of
noncompliance by a regional council in a State, the Governor of
the State, after providing the regional council with an
opportunity to take necessary actions to comply with the
requirements of this Act and determining, in writing, that the
regional council has not taken such actions, may assume the
responsibility for organizing a regional approach for the area
represented by the regional council in accordance with section
4(a)(2).
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
for fiscal years 2005 through 2009 such sums as may be
necessary to carry out this section.
(2) Limitation.--Apportionments required by this section
shall be subject to the availability of appropriations. If
amounts appropriated to carry out this section in a fiscal year
are insufficient to make the apportionments required by this
section, the Secretary shall proportionally reduce the amounts
to be so apportioned. | Regional Comprehensive Emergency Preparedness, Response, and Coordination Act of 2003 - Requires each regional council to convene all local governments and Federal, State, and private sector stakeholders within its region to coordinate the development of a regional emergency and disaster preparedness, response, and recovery coordination plan. Directs the Governor, in States that do not have regional councils, to work with local officials to organize a regional approach involving local elected officials and establish a homeland defense regional planning advisory committee.
Sets forth minimum elements of regional plans, including: (1) disaster, response equipment and personnel, and equipment needs assessments; (2) development of a regional communication system and a secure information repository; (3) emergency coordination information; and (4) specified elements regarding support facilities, infrastructure, transportation facilities, at-risk populations, potential targets, and debris disposal.
Directs that planning activities include: (1) analyzing and documenting the possibility of a disaster and the potential consequences or impacts upon life, property, and the environment; and (2) planning for utilization of geographic information systems to assess hazards and evaluate the consequences of potential emergencies or disasters.
Sets forth provisions regarding approval and updating of regional plans, the security of mapping and infrastructure information, and funding apportionment. Authorizes the Secretary of the Department of Homeland Security to withhold, reduce, or deny an apportionment if the Secretary determines that the State or regional council has not complied, or provided adequate assurances that it will comply, with this Act's requirements. | To enhance homeland security by encouraging the development of regional coordination plans for emergency and disaster preparedness, response, and recovery. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation Electric Systems
Act''.
SEC. 2. GRANT PROGRAM FOR PROJECTS TO DESIGN AND DEVELOP TRANSFORMATIVE
NEXT GENERATION ELECTRIC SYSTEMS.
(a) In General.--The Secretary of Energy (acting through the
Assistant Secretary of the Office of Electricity Delivery and Energy
Reliability) (referred to in this Act as the ``Secretary'') shall
establish a grant program under which the Secretary shall make grants
to eligible partnerships to develop and carry out eligible projects
related to achieving the transformation of the future electric grid by
the year 2030 using a comprehensive approach to electric system design
and architecture.
(b) Eligible Projects.--To be eligible for a grant under subsection
(a), a project--
(1) shall be designed to improve the performance and
efficiency of the future electric grid, while ensuring the
continued provision of safe, secure, reliable, and affordable
power; and
(2) may include projects to design, develop, and test--
(A) feasible, optimal next generation electricity
delivery systems, from generation through consumption,
including end-use applications;
(B) the role that regulated utilities and market-
driven entities, including third-party nonregulated
services providers, may play in an electric system in
which distributed energy resources and retail and
wholesale level ancillary services expand;
(C) optimal and innovative, comprehensive grid
infrastructure designs that would ensure reliable,
cost-effective, safe, and secure integration and
management of variable and distributed energy
resources, including projects related to distributed
generation, combined heat and power, microgrids, energy
storage, electric vehicles, energy efficiency, demand
response, and intelligent loads;
(D) optimal grid design solutions to ensure grid
reliability and resiliency;
(E) the integration and interoperability of
telecommunications, information technology, operational
technologies, or other systems and technologies with
the electric grid to support the management of the
future, next generation, dynamic and changing electric
system; and
(F) solutions to overcoming technological,
regulatory, business model, and market barriers to
achieve the transition and transformation to the future
electric grid.
(c) Description of Eligible Partnership.--An eligible partnership
referred to in subsection (a) means a group of 2 or more entities
that--
(1) may include any institution of higher education,
National Laboratory, representative of a State or local
government, representative of an Indian tribe, Federal power
marketing administration, industry expert, or nonprofit
industry trade association; and
(2) shall include at least 1 of any of the following:
(A) An investor-owned electric utility.
(B) A publicly owned utility.
(C) A technology provider.
(D) A rural electric cooperative.
(E) A Regional Transmission Organization.
(F) An Independent System Operator.
(d) Application.--In order to receive a grant under this section,
an eligible partnership shall submit to the Secretary an application at
such time, in such form, and containing such information as the
Secretary may prescribe, including details about the partnership and
proposed project.
(e) Selection Committee.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a selection
committee, comprised of technical experts, to make recommendations,
based on the criteria described in subsection (f), to the Secretary for
the award of grants under this section to 2 or more eligible
partnerships.
(f) Selection Criteria.--
(1) In general.--The Secretary shall make grants under
subsection (a) based on the following criteria:
(A) The scope and diversity of the eligible
partnership with respect to representation of
stakeholders and geographic locations.
(B) The demonstrated ability of the eligible
partnership to provide leadership within the industry
in promoting transformative innovation in electricity
systems, using a comprehensive or holistic approach,
especially with respect to system design or
architecture.
(C) The extent to which a project would develop and
carry out commercially available or emerging
technologies that would be scalable and replicable.
(D) The extent to which a project would--
(i) improve electric reliability,
resiliency, security, and safety;
(ii) provide consumer benefits;
(iii) drive economic growth; or
(iv) achieve other grid modernization
policy or technical goals.
(E) The extent to which a project would provide an
innovative conceptual or technical approach to the
operation of the electric grid looking to the year 2030
and beyond.
(F) The demonstrated ability of the eligible
partnership to leverage prior Federal or local
investments.
(G) The extent to which a project would advance a
financially viable future model for electricity market
participants, including utilities and third-party
entities, that provides all consumers with fair and
equitable options to meet the electric energy needs of
the consumers, while balancing societal, and individual
consumer, interests.
(2) Priority for projects providing cost share.--In
selecting eligible partnerships to make grants to under
subsection (a), the Secretary shall give priority to eligible
partnerships proposing projects for which a cost-share is to be
provided.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as are necessary to carry out this Act for each of fiscal years 2016
through 2020. | Next Generation Electric Systems Act This bill requires the Department of Energy (DOE) to establish a grants program for eligible partnerships to develop and implement projects related to achieving the transformation of the future electric grid by the year 2030 using a comprehensive approach to electric system design and architecture. Eligible partnerships may include any institution of higher education, National Laboratory, representative of a state or local government, representative of an Indian tribe, federal power marketing administration, industry expert, or nonprofit industry trade association, but must include at least one electric utility (either investor-owned or publicly owned), technology provider, rural electric cooperative, Regional Transmission Organization, or Independent System Operator. DOE must, when selecting eligible partnerships to receive grants, give priority to those proposing projects for which a cost-share is to be provided. | Next Generation Electric Systems Act |
TITLE I--AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE
SEC 101. SHORT TITLE.
This title may be cited as the ``Spousal Equity in Bankruptcy
Amendments of 1994''.
SEC. 102. AMENDMENTS.
(a) Relief From Automatic Stay.--Section 362(b)(2) of title 11,
United States Code, is amended to read as follows:
``(2) under subsection (a) of this section--
``(A) of the commencement or continuation of an
action or proceeding for--
``(i) the establishment of paternity; or
``(ii) the establishment or modification of
an order for alimony, maintenance, or support;
or
``(B) of the collection of alimony, maintenance, or
support from property that is not property of the
estate;''.
(b) Priority of Claims.--(1) Section 507 of title 11, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (8) by striking ``(8) Eighth'' and
inserting ``(9) Ninth'',
(ii) in paragraph (7) by striking ``(7) Seventh''
and inserting ``(8) Eighth'', and
(iii) by inserting after paragraph (6) the
following:
``(7) Seventh, allowed unsecured claims due to a spouse,
former spouse, or child of the debtor for alimony to,
maintenance for, or support of such spouse or child, in
connection with a separation agreement, divorce decree, or
other order of a court of record, a determination made in
accordance with State or territorial law by a governmental
unit, or a property settlement agreement, but not to the extent
that--
``(A) such debt is assigned to another entity,
voluntarily, by operation of law, or otherwise (other
than debts assigned pursuant to section 402(a)(26) of
the Social Security Act, or any such debt which has
been assigned to the Federal Government or to a State
or any political subdivision of such State); or
``(B) such debt includes a liability designated as
alimony, maintenance, or support, unless such liability
is actually in the nature of alimony, maintenance or
support;'', and
(B) in subsection (d) by striking ``or (6)'' and inserting
``(6), or (7)''.
(2) Title 11 of the United States Code is amended--
(A) in sections 502(i), 503(b)(1)(B)(i), 523(a)(1)(A), and
1123(a)(1) by striking ``507(a)(7)'' and inserting
``507(a)(8)'',
(B) in section 724(b)(2) by striking ``or 507(a)(6)'' and
inserting ``507(a)(6), or 507(a)(7)'',
(C) in section 726(b) by striking ``or (7)'' and inserting
``, (7), or (8)'', and
(D) in section 1129(a)(9)--
(i) in subparagraph (B) by striking ``or
507(a)(6)'' and inserting ``, 507(a)(6), or
507(a)(7)'', and
(ii) in subparagraph (C) by striking ``507(a)(7)''
and inserting ``507(a)(8)''.
(c) Protection of Liens.--Section 522(f)(1) of title 11, United
States Code, is amended to read as follows:
``(1) a judicial lien (other than a judicial lien that
secures a debt to a spouse, former spouse, or child of the
debtor, for alimony to, maintenance for, or support of the
spouse or child, in connection with a separation agreement,
divorce decree or other order of a court of record,
determination made in accordance with State or territorial law
by a governmental unit, or property settlement agreement, to
the extent that the debt--
``(A) is not assigned to another entity,
voluntarily, by operation of law, or otherwise; and
``(B) includes a liability designated as alimony,
maintenance, or support, unless such liability is
actually in the nature of alimony, maintenance or
support).''.
(d) Exception to Discharge.--Section 523 of title 11, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (11) by striking ``or'' at the
end,
(B) in paragraph (12) by inserting ``or'' after the
semicolon at the end, and
(C) by adding at the end the following:
``(13) assumed or incurred by the debtor in the course of a
divorce or separation or in connection with a separation
agreement, divorce decree or other order of a court of record,
a determination made in accordance with State or territorial
law by a governmental unit, or property settlement agreement,
unless--
``(A) excepting such debt from discharge under this
paragraph would impose an undue hardship for the
debtor; and
``(B) discharging such debt would result in a
benefit to the debtor that outweighs the detrimental
consequences to a spouse, former spouse, or child of
the debtor.'', and
(2) in subsection (c)(1) by striking ``or (6)'' each place
it appears and inserting ``, or (13)''.
(e) Protection Against Trustee Avoidance.--Section 547(c) of title
11, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by redesignating paragraph (7) as paragraph
(8); and
(3) by inserting after paragraph (6) the following
new paragraph:
``(7) to the extent that the transfer was a bona fide
payment of a debt to a spouse, former spouse, or child of the
debtor, for alimony to, maintenance for, or support of such
spouse or child, in connection with a separation agreement,
divorce decree or other order of a court of record,
determination made in accordance with State or territorial law
by a governmental unit, or property settlement agreement, but
not to the extent that such debt--
``(A) is assigned to another entity, voluntarily,
by operation of law, or otherwise; or
``(B) includes a liability designated as alimony,
maintenance, or support, unless such liability is
actually in the nature of alimony, maintenance or
support; or''.
(f) Appearance Before Court.--A child support creditor or its
representative shall be permitted to appear and intervene without
charge and without meeting any special local court rule requirement for
attorney appearances in any bankruptcy proceeding in any bankruptcy
court or district court of the United States if the creditor or
representative files with the court a statement describing in detail
the child support debt, its status, and other characteristics.
TITLE II--BANKRUPTCY REVIEW COMMISSION
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Bankruptcy Review
Commission Act''.
SEC. 202. ESTABLISHMENT.
There is established the National Bankruptcy Review Commission
(referred to as the ``Commission'').
SEC. 203. DUTIES OF THE COMMISSION.
The duties of the Commission are--
(1) to investigate and study issues and problems relating
to title 11, United States Code (commonly known as the
``Bankruptcy Code'');
(2) to evaluate the advisability of proposals and current
arrangements with respect to such issues and problems;
(3) to prepare and submit to the Congress, the Chief
Justice, and the President a report in accordance with section
208;
(4) to solicit divergent views of all parties concerned
with the operation of the bankruptcy system; and
(5) to study the impact of the bankruptcy laws on the
family and particularly on the increase in the number of women
and children living in poverty after divorce.
SEC. 204. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 10
members appointed from among individuals who have experience and
expertise in bankruptcy law as follows:
(1) Four members appointed by the President, one of whom
shall be designated as chairman by the President.
(2) One member shall be appointed by the President pro
tempore of the Senate.
(3) One member shall be appointed by the Minority Leader of
the Senate.
(4) One member shall be appointed by the Speaker of the
House of Representatives.
(5) One member shall be appointed by the Minority Leader of
the House of Representatives.
(6) Two members appointed by the Chief Justice.
(b) Term.--Members of the Commission shall be appointed for the
life of the Commission.
(c) Quorum.--Six members of the Commission shall constitute a
quorum, but a lesser number may conduct meetings.
(d) Appointment Deadline.--The first appointments made under
subsection (a) shall be made within 60 days after the date of enactment
of this Act.
(e) First Meeting.--The first meeting of the Commission shall be
called by the chairman and shall be held within 90 days after the date
of enactment of this Act.
(f) Vacancy.--A vacancy on the Commission resulting from the death
or resignation of a member shall not affect its powers and shall be
filled in the same manner in which the original appointment was made.
(g) Continuation of Membership.--If any member of the Commission
who was appointed to the Commission as a member of Congress or as an
officer or employee of a government leaves that office, or if any
member of the Commission who was not appointed in such a capacity
becomes an officer or employee of a government, the member may continue
as a member of the Commission for not longer than the 90-day period
beginning on the date the member leaves that office or becomes such an
officer or employee, as the case may be.
(h) Consultation Prior to Appointment.--Prior to the appointment of
members of the Commission, the President, the President pro tempore of
the Senate, the Speaker of the House of Representatives, and the Chief
Justice shall consult with each other to ensure fair and equitable
representation of various points of view in the Commission and its
staff.
SEC. 205. COMPENSATION OF THE COMMISSION.
(a) Pay.--
(1) Nongovernment employees.--Each member of the Commission
who is not otherwise employed by the United States Government
shall be entitled to receive the daily equivalent of the annual
rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which he or she is
engaged in the actual performance of duties as a member of the
Commission.
(2) Government employees.--A member of the Commission who
is an officer or employee of the United States Government shall
serve without additional compensation.
(b) Travel.--Members of the Commission shall be reimbursed for
travel, subsistence, and other necessary expenses incurred by them in
the performance of their duties.
SEC. 206. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Staff.--
(1) Appointment.--The chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint, and terminate an executive director and such other
personnel as are necessary to enable the Commission to perform
its duties. The employment of an executive director shall be
subject to confirmation by the Commission.
(2) Compensation.--The chairman of the Commission may fix
the compensation of the executive director and other personnel
without regard to the provisions of chapter 51 and subchapter
II of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of that title.
(b) Experts and Consultants.--The Commission may procure temporary
and intermittent services of experts and consultants under section
3109(b) of title 5, United States Code.
SEC. 207. POWERS OF THE COMMISSION.
(a) Hearings and Meetings.--The Commission or, on authorization of
the Commission, a member of the Commission, may hold such hearings, sit
and act at such time and places, take such testimony, and receive such
evidence, as the Commission considers appropriate. The Commission or a
member of the Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Official Data.--The Commission may secure directly from any
Federal department, agency, or court information necessary to enable it
to carry out this title. Upon request of the chairman of the
Commission, the head of a Federal department or agency or chief judge
of a Federal court shall furnish such information, consistent with law,
to the Commission.
(c) Facilities and Support Services.--The Administrator of General
Services shall provide to the Commission on a reimbursable basis such
facilities and support services as the Commission may request. Upon
request of the Commission, the head of a Federal department or agency
may make any of the facilities or services of the agency available to
the Commission to assist the Commission in carrying out its duties
under this title.
(d) Expenditures and Contracts.--The Commission or, on
authorization of the Commission, a member of the Commission may make
expenditures and enter into contracts for the procurement of such
supplies, services, and property as the Commission or member considers
appropriate for the purposes of carrying out the duties of the
Commission. Such expenditures and contracts may be made only to such
extent or in such amounts as are provided in appropriation Acts.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal departments
and agencies of the United States.
(f) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 208. REPORT.
The Commission shall submit to the Congress, the Chief Justice, and
the President a report not later than 2 years after the date of its
first meeting. The report shall contain a detailed statement of the
findings and conclusions of the Commission, together with its
recommendations for such legislative or administrative action as it
considers appropriate.
SEC. 209. TERMINATION.
The Commission shall cease to exist on the date that is 30 days
after the date on which it submits its report under section 208.
SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,500,000 to carry out this
title.
HR 4711 IH----2 | TABLE OF CONTENTS:
Title I: Amendments to Title 11 of the United States
Code
Title II: Bankruptcy Review Commission
Title I: Amendments to Title 11 of the United States Code
- Spousal Equity in Bankruptcy Amendments of 1994 - Amends Federal bankruptcy law to provide that filing a petition in bankruptcy does not operate as an automatic stay from actions for: (1) paternity; or (2) alimony, maintenance, or support (including actions for collection from property that is not property of the estate).
Includes unsecured claims for alimony, maintenance, or support among priority claims and expenses (thus lifting them from their current status of general, unsecured debts).
Prohibits a debtor from avoiding a judicial lien that secures a debt for alimony, maintenance, or support.
States that a bankrupt debtor is not discharged from any debt incurred in connection with a divorce or separation agreement.
Prohibits a bankruptcy trustee from avoiding a transfer that is a bona fide debt for alimony, maintenance, or support.
Permits a child support creditor to appear before the court in any Federal bankruptcy proceeding without charge and without meeting local requirements for attorney appearances if the creditor or representative files a detailed child support debt statement.
Title II: Bankruptcy Review Commission
- National Bankruptcy Review Commission Act - Establishes the National Bankruptcy Review Commission to study and report to the Congress, the Chief Justice, and the President on bankruptcy issues and the impact of the bankruptcy laws upon women and children living in poverty after divorce. Authorizes appropriations. | To amend title 11 of the United States Code to with respect to certain debts in connection with divorce or separation; to establish a commission to analyze bankruptcy issues; and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Central Intelligence Agency Voluntary
Separation Pay Act''.
SEC. 2. SEPARATION PAY.
(a) Definitions.--For purposes of this section--
(1) the term ``Director'' means the Director of Central
Intelligence; and
(2) the term ``employee'' means an employee of the Central
Intelligence Agency, serving under an appointment without time
limitation, who has been currently employed for a continuous period
of at least 12 months, except that such term does not include--
(A) a reemployed annuitant under subchapter III of chapter
83 or chapter 84 of title 5, United States Code, or another
retirement system for employees of the Government; or
(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability retirement
under any of the retirement systems referred to in subparagraph
(A).
(b) Establishment of Program.--In order to avoid or minimize the
need for involuntary separations due to downsizing, reorganization,
transfer of function, or other similar action, the Director may
establish a program under which employees may be offered separation pay
to separate from service voluntarily (whether by retirement or
resignation). An employee who receives separation pay under such program
may not be reemployed by the Central Intelligence Agency for the 12-
month period beginning on the effective date of the employee's
separation.
(c) Bar on Certain Employment.--
(1) Bar.--An employee may not be separated from service under
this section unless the employee agrees that the employee will not--
(A) act as agent or attorney for, or otherwise represent,
any other person (except the United States) in any formal or
informal appearance before, or, with the intent to influence,
make any oral or written communication on behalf of any other
person (except the United States) to the Central Intelligence
Agency; or
(B) participate in any manner in the award, modification,
extension, or performance of any contract for property or
services with the Central Intelligence Agency,
during the 12-month period beginning on the effective date of the
employee's separation from service.
(2) Penalty.--An employee who violates an agreement under this
subsection shall be liable to the United States in the amount of the
separation pay paid to the employee pursuant to this section times
the proportion of the 12-month period during which the employee was
in violation of the agreement.
(d) Limitations.--Under this program, separation pay may be offered
only--
(1) with the prior approval of the Director; and
(2) to employees within such occupational groups or geographic
locations, or subject to such other similar limitations or
conditions, as the Director may require.
(e) Amount and Treatment for Other Purposes.--Such separation pay--
(1) shall be paid in a lump sum;
(2) shall be equal to the lesser of--
(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5, United
States Code, if the employee were entitled to payment under such
section; or
(B) $25,000;
(3) shall not be a basis for payment, and shall not be included
in the computation, of any other type of Government benefit; and
(4) shall not be taken into account for the purpose of
determining the amount of any severance pay to which an individual
may be entitled under section 5595 of title 5, United States Code,
based on any other separation.
(f) Termination.--No amount shall be payable under this section
based on any separation occurring after September 30, 1997.
(g) Regulations.--The Director shall prescribe such regulations as
may be necessary to carry out this section.
(h) Reporting Requirements.--
(1) Offering notification.--The Director may not make an
offering of voluntary separation pay pursuant to this section until
30 days after submitting to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate a report describing the
occupational groups or geographic locations, or other similar
limitations or conditions, required by the Director under subsection
(d).
(2) Annual report.--At the end of each of the fiscal years 1993
through 1997, the Director shall submit to the President and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate a report on the effectiveness and costs of carrying out this
section.
SEC. 3. EARLY RETIREMENT FOR CIARDS AND FERS SPECIAL PARTICIPANTS.
Section 233 of the Central Intelligence Agency Retirement Act (50
U.S.C. 2053) is amended--
(1) by inserting ``(a)'' before ``A participant''; and
(2) by adding at the end the following new subsection:
``(b) A participant who has at least 25 years of service, ten years
of which are with the Agency, may retire, with the consent of the
Director, at any age and receive benefits in accordance with the
provisions of section 221 if the Office of Personnel Management has
authorized separation from service voluntarily for Agency employees
under section 8336(d)(2) of title 5, United States Code, with respect to
the Civil Service Retirement System or section 8414(b)(1)(B) of such
title with respect to the Federal Employees' Retirement System.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Central Intelligence Agency Voluntary Separation Pay Act - Authorizes the Director of Central Intelligence, to avoid or minimize the need for involuntary separations due to downsizing, reorganization, or similar action, to establish a program under which employees may be offered separation pay to separate from service voluntarily, whether by retirement or resignation. Bars an employee who receives separation pay under such program from being reemployed by the Central Intelligence Agency (CIA) for 12 months.
Prohibits an employee from being separated under such program unless the employee agrees not to represent any other person (except the United States) before the CIA, make any oral or written communication on behalf of any other person to influence the CIA, or participate in the award, modification, extension, or performance of any contract for property or services with the CIA for 12 months after separation. Sets penalties for violations.
Authorizes separation pay only with the approval of the Director and only for employees who are within such occupational groups or geographic locations and who meet such other similar limitations as the Director may require. Provides that it shall be paid in a lump sum of not to exceed $25,000 and shall not be payable based on any separation occurring after September 30, 1997.
Prohibits the Director from offering voluntary separation pay pursuant to this Act until 30 days after submitting to specified congressional committees a report describing occupational groups, geographic locations, or other conditions required by the Director. Requires the Director to submit annual reports for FY 1993 through 1997 on the effectiveness and costs of carrying out this Act.
Amends the Central Intelligence Agency Retirement Act to authorize early retirement for employees meeting specified service requirements who are participants in the Civil Service Retirement System and the Federal Employees' Retirement System. | Central Intelligence Agency Voluntary Separation Pay Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Unemployed Workers Act''.
SEC. 2. TEMPORARY EXTENSION OF CERTAIN UNEMPLOYMENT BENEFITS.
(a) Emergency Unemployment Compensation.--Section 4007 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C.
3304 note) is amended--
(1) by striking ``December 31, 2009'' each place it appears
and inserting ``March 31, 2011'';
(2) in the heading for subsection (b)(2), by striking
``December 31, 2009'' and inserting ``March 31, 2011''; and
(3) in subsection (b)(3), by striking ``May 31, 2010'' and
inserting ``August 31, 2011''.
(b) Additional Regular Compensation.--Section 2002(e) of the
Assistance for Unemployed Workers and Struggling Families Act, as
contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is
amended--
(1) in paragraph (1)(B), by striking ``January 1, 2010''
and inserting ``April 1, 2011'';
(2) in the heading for paragraph (2), by striking ``January
1, 2010'' and inserting ``April 1, 2011''; and
(3) in paragraph (3), by striking ``June 30, 2010'' and
inserting ``September 30, 2011''.
(c) Full Funding of Extended Benefits.--Section 2005 of the
Assistance for Unemployed Workers and Struggling Families Act, as
contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is
amended--
(1) by striking ``January 1, 2010'' each place it appears
and inserting ``April 1, 2011'';
(2) in subsection (c), by striking ``June 1, 2010'' and
inserting ``September 1, 2011''; and
(3) in subsection (d), by striking ``May 30, 2010'' and
inserting ``August 31, 2011''.
SEC. 3. FUNDING FOR TEMPORARY EXTENSION OF CERTAIN UNEMPLOYMENT
BENEFITS.
Section 4004(e)(1) of the Supplemental Appropriations Act, 2008
(Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``by
reason of'' and all that follows and inserting the following: ``by
reason of--
``(A) the amendments made by section 2001(a) of the
Assistance for Unemployed Workers and Struggling
Families Act;
``(B) the amendments made by sections 2 through 4
of the Worker, Homeownership, and Business Assistance
Act of 2009; and
``(C) the amendments made by section 2(a) of the
Helping Unemployed Workers Act; and''.
SEC. 4. TEMPORARY FINANCING OF CERTAIN SHORT-TIME COMPENSATION
PROGRAMS.
(a) Payments to States With Certified Programs.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall establish a
program under which the Secretary shall make payments to any
State unemployment trust fund to be used for the payment of
unemployment compensation if the Secretary approves an
application for certification submitted under paragraph (4) for
such State to receive reimbursement for a short-time
compensation program (as referred to in section 3304(a)(4) of
the Internal Revenue Code of 1986 and section 303(a)(5) of the
Social Security Act).
(2) Requirements for certification.--A program may not be
certified, for purposes of this section, unless such program
requires--
(A) a participating employer to submit and comply
with the terms of a written plan approved by the State
agency;
(B) a participating employer to certify that
continuation of health and retirement benefits under a
defined benefit pension plan (as defined by section
3(35) of the Employee Retirement Income Security Act of
1974) is not affected by participation in the program;
and
(C) in the case of employees represented by a
union, that the appropriate official of the union has
agreed to the terms of the employer's written plan and
implementation is consistent with employer obligations
under the National Labor Relations Act.
(3) Full reimbursement.--Subject to subsection (d), the
payment to a State under paragraph (1) shall be an amount equal
to 100 percent of the total amount of benefits paid to
individuals by the State pursuant to the short-time
compensation program for weeks of unemployment--
(A) beginning on or after the date as of which a
certification is issued by the Secretary with respect
to such program; and
(B) ending on or before December 31, 2011.
(4) Certification procedures.--
(A) In general.--Any State seeking reimbursement
under this subsection shall submit an application for
certification at such time, in such manner, and
complete with such information as the Secretary may
require (whether by regulation or otherwise), including
information relating to compliance with the
requirements of paragraph (2). The Secretary shall,
within 30 days after receiving a complete application,
notify the State agency of the State of the Secretary's
findings with respect to the requirements of paragraph
(2).
(B) Findings.--If the Secretary finds that the
short-time compensation program operated by the State
meets the requirements of paragraph (2), the Secretary
shall certify such State's short-time compensation
program, thereby making such State eligible for
reimbursement under this subsection.
(b) Terms of Payments.--Payments made to a State under subsection
(a)(1) shall be payable by way of reimbursement in such amounts as the
Secretary estimates the State will be entitled to receive under this
section for each calendar month, reduced or increased, as the case may
be, by any amount by which the Secretary finds that the Secretary's
estimates for any prior calendar month were greater or less than the
amounts which should have been paid to the State. Such estimates may be
made on the basis of such statistical, sampling, or other method as may
be agreed upon by the Secretary and the State agency of the State
involved.
(c) Limitations.--
(1) General payment limitations.--No payments shall be made
to a State under this section for benefits paid in excess of 26
weeks to an individual by the State pursuant to a short-time
compensation program.
(2) Employer limitations.--No payments shall be made to a
State under this section for benefits paid to an individual by
the State pursuant to a short-time compensation program if such
individual is employed by an employer--
(A) whose workforce during the 3 months preceding
the date of the submission of the employer's short-time
compensation plan has been reduced by temporary layoffs
of more than 20 percent;
(B) on a seasonal, temporary, or intermittent
basis; or
(C) engaged in a labor dispute.
(3) Program payment limitation.--In making any payments to
a State under this section pursuant to a short-time
compensation program, the Secretary may limit the frequency of
employer participation in such program.
(d) Compliance Oversight.--
(1) In general.--A participating employer under this
section is required to comply with the terms of the written
plan approved by the State agency, including provisions related
to retaining participating employees.
(2) Oversight and monitoring.--The Secretary shall
establish an oversight and monitoring process by which State
agencies will ensure that participating employers comply with
the requirements of paragraph (1).
(e) Funding.--There are appropriated, from time to time, out of any
moneys in the Treasury not otherwise appropriated, to the Secretary,
such sums as the Secretary certifies are necessary to carry out this
section (including to reimburse any administrative expenses incurred by
the States in operating such short-time compensation programs).
(f) Definitions.--In this section--
(1) the term ``Secretary'' means the Secretary of Labor;
(2) the term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, and the Virgin Islands; and
(3) the terms ``State agency'' and ``week'' have the
respective meanings given them by section 205 of the Federal-
State Extended Unemployment Compensation Act of 1970. | Helping Unemployed Workers Act - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the Emergency Unemployment Compensation (EUC) program through March 31, 2011.
Amends the Assistance for Unemployed Workers and Struggling Families Act to extend through April 1, 2011: (1) federal-state agreements increasing regular unemployment compensation payments to individuals; and (2) requirements that federal payments to states cover 100% of EUC.
Requires the Secretary of Labor to establish a program under which the Secretary shall make payments to any state unemployment trust fund (including the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands) to be used for the payment of unemployment compensation if the Secretary approves an application to receive 100% reimbursement for up to 26 weeks for a short-time compensation program.
Bars payments to a state for benefits paid to an individual who is employed by an employer: (1) whose workforce during the three months preceding the date of the submission of the employer's short-time compensation plan has been reduced by temporary layoffs of more than 20%; (2) on a seasonal, temporary, or intermittent basis; or (3) engaged in a labor dispute. | To amend the Assistance for Unemployed Workers and Struggling Families Act and the Supplemental Appropriations Act, 2008 to provide for the temporary extension of programs providing unemployment benefits, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian Partnership Renewal Act''.
SEC. 2. EXTENSION OF TRADE PREFERENCES FOR HAITI.
(a) Special Rules for Haiti.--
(1) Apparel and other textile articles.--Section 213A(b) of
the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b))
is amended--
(A) in paragraph (1)--
(i) in subparagraph (B)(v)(I)(cc), by
striking ``2017.'' and inserting ``2017, and in
each succeeding 1-year period thereafter.'';
and
(ii) in subparagraph (C)--
(I) by striking ``11''; and
(II) by striking ``December 19,
2018.'' and inserting ``December 19,
2030.''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking
``11 succeeding 1-year periods,'' and inserting
``succeeding 1-year periods through September
30, 2030,''; and
(ii) in subparagraph (B)(iii), by striking
``11 succeeding 1-year periods,'' and inserting
``succeeding 1-year periods through September
30, 2030,''.
(2) Extension of special rules.--Section 213A(h) of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(h)) is
amended--
(A) by striking ``Except as provided in subsection
(b)(1), the'' and inserting ``The''; and
(B) by striking ``September 30, 2020.'' and
inserting ``September 30, 2030.''.
(b) Import-Sensitive Articles.--
(1) Transition period treatment of certain textile and
apparel articles.--Section 213(b)(2)(A)(iii) of the Caribbean
Basin Economic Recovery Act (19 U.S.C. 2703(b)(2)(A)(iii)) is
amended--
(A) in subclause (II)(cc), by striking ``September
30, 2020.'' and inserting ``September 30, 2030.''; and
(B) in subclause (IV)(dd), by striking ``September
30, 2020.'' and inserting ``September 30, 2030.''.
(2) Transition period treatment of certain other apparel
articles.--Section 213(b)(2)(A)(iv)(II) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2703(b)(2)(A)(iv)(II)) is
amended by striking ``18''.
(3) Extension of transition period.--Section
213(b)(5)(D)(i) of the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2703(b)(5)(D)(i)) is amended by striking ``September
30, 2020;'' and inserting ``September 30, 2030;''.
SEC. 3. DUTY-FREE TREATMENT OF FOOTWEAR.
Section 213A(b)(3) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703a(b)(3)) is amended by adding at the end the following:
``(H) Footwear.--
``(i) In general.--Any article, other than
an article described in clause (ii), that
undergoes a change in Haiti to being
classifiable under heading 6401, 6402, 6403,
6404, or 6405 of the HTS from being
classifiable under any other heading of the HTS
and is imported directly from Haiti or the
Dominican Republic shall enter the United
States free of duty, without regard to the
source of the components from which the article
is made.
``(ii) Articles described.--Articles
described in this clause are articles
classifiable under subheading 6401.10.00,
6401.92.90, 6401.99.10, 6401.99.30, 6401.99.60,
6401.99.90, 6402.91.10, 6402.91.20, 6402.91.26,
6402.91.50, 6402.91.80, 6402.91.90, 6402.99.08,
6402.99.16, 6402.99.19, 6402.99.33, 6402.99.80,
6402.99.90, 6403.91.60, 6403.91.90, 6403.99.60,
6403.99.90, 6404.11.90, or 6404.19.20 of the
HTS.''.
SEC. 4. SPECIAL RULES FOR CERTAIN GOODS.
Section 213A(c) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703a(c)) is amended to read as follows:
``(c) Special Rules for Certain Goods.--
``(1) Wire harness automotive components.--
``(A) In general.--Any wire harness automotive
component that is the product or manufacture of Haiti
and is imported directly from Haiti into the customs
territory of the United States shall enter the United
States free of duty until September 30, 2030, if Haiti
has met the requirements of subsection (d) and if the
sum of--
``(i) the cost or value of the materials
produced in Haiti or one or more countries
described in subsection (b)(2)(C), or any
combination thereof, plus
``(ii) the direct costs of processing
operations (as defined in section 213(a)(3))
performed in Haiti or the United States, or
both,
is not less than 35 percent of the declared customs
value of such wire harness automotive component.
``(B) Wire harness automotive component defined.--
For purposes of this subsection, the term `wire harness
automotive component' means any article provided for in
subheading 8544.30.00 of the HTS, as in effect on
December 20, 2006.
``(2) Travel goods.--Any article classifiable under
subheading 4202.11, 4202.19, 4202.21, 4202.29, 4202.31,
4202.39, 4202.91, or 4202.99 of the HTS that undergoes a change
in Haiti to being classifiable under that subheading from being
classifiable under a chapter of the HTS other than chapter 42
and is imported directly from Haiti or the Dominican Republic
shall enter the United States free of duty, without regard to
the source of the components from which the article is made.
``(3) Leather wearing apparel.--Any article classifiable
under subheading 4203.10.40, 4203.29.08, or 4203.29.18 of the
HTS that undergoes a change in Haiti to being classifiable
under that subheading from being classifiable under a chapter
of the HTS other than chapter 42 and is imported directly from
Haiti or the Dominican Republic shall enter the United States
free of duty, without regard to the source of the components
from which the article is made.
``(4) Lamps, lighting, and other electrical components.--
Any article classifiable under subheading 8536.30, 8539.10,
8539.49, 9032.10, 9405.10, 9405.20, 9405.30, 9405.40, 9405.50,
9405.60, 9405.91, 9405.92, or 9405.99 of the HTS that undergoes
a change in Haiti to being classifiable under that subheading
from being classifiable under any other chapter of the HTS and
is imported directly from Haiti or the Dominican Republic shall
enter the United States free of duty.''.
SEC. 5. CONTINUING COMPLIANCE.
Section 213A(d)(3) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703a(d)(3)) is amended by striking ``terminate'' and inserting
``terminate, in whole or in part,''. | Haitian Partnership Renewal Act This bill amends the Caribbean Basin Economic Recovery Act to extend: (1) the 60% applicable percentage requirement for duty-free entry of apparel articles assembled in Haiti and imported from Haiti or the Dominican Republic to the United States, and (2) duty-free entry of such articles through December 19, 2030. Duty-free entry for woven articles and certain knit articles assembled in Haiti and imported from Haiti or the Dominican Republic to the United States is extended through September 30, 2030. The special duty-free rules for Haiti are extended through September 30, 2030. The transition period treatment of certain textile and apparel articles is extended through September 30, 2030. Duty-free coverage is provided: for certain footwear, travel goods, leather wearing apparel, and lamps, lighting, and other electrical components that undergo a change in Haiti and are imported directly from Haiti or the Dominican Republic; and through September 30, 2030, for a qualifying wire harness automotive component that is the product or manufacture of Haiti and is imported directly from Haiti. | Haitian Partnership Renewal Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Justice Act''.
SEC. 2. FINDINGS.
The Congress finds and declares that--
(1) there is a government-to-government relationship between the
United States and each Indian tribe;
(2) the United States has a trust responsibility to each tribal
government that includes the protection of the sovereignty of each
tribal government;
(3) Congress, through statutes, treaties, and the exercise of
administrative authorities, has recognized the self-determination,
self-reliance, and inherent sovereignty of Indian tribes;
(4) Indian tribes possess the inherent authority to establish
their own form of government, including tribal justice systems;
(5) tribal justice systems are an essential part of tribal
governments and serve as important forums for ensuring public health
and safety and the political integrity of tribal governments;
(6) Congress and the Federal courts have repeatedly recognized
tribal justice systems as the appropriate forums for the
adjudication of disputes affecting personal and property rights;
(7) traditional tribal justice practices are essential to the
maintenance of the culture and identity of Indian tribes and to the
goals of this Act;
(8) tribal justice systems are inadequately funded, and the lack
of adequate funding impairs their operation; and
(9) tribal government involvement in and commitment to improving
tribal justice systems is essential to the accomplishment of the
goals of this Act.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Bureau'' means the Bureau of Indian Affairs of
the Department of the Interior.
(2) The term ``Courts of Indian Offenses'' means the courts
established pursuant to part 11 of title 25, Code of Federal
Regulations.
(3) The term ``Indian tribe'' means any Indian tribe, band,
nation, pueblo, or other organized group or community, including any
Alaska Native entity, which administers justice under its inherent
authority or the authority of the United States and which is
recognized as eligible for the special programs and services
provided by the United States to Indian tribes because of their
status as Indians.
(4) The term ``judicial personnel'' means any judge, magistrate,
court counselor, court clerk, court administrator, bailiff,
probation officer, officer of the court, dispute resolution
facilitator, or other official, employee, or volunteer within the
tribal justice system.
(5) The term ``Office'' means the Office of Tribal Justice
Support within the Bureau of Indian Affairs.
(6) The term ``Secretary'' means the Secretary of the Interior.
(7) The term ``tribal organization'' means any organization
defined in section 4(l) of the Indian Self-Determination and
Education Assistance Act.
(8) The term ``tribal justice system'' means the entire judicial
branch, and employees thereof, of an Indian tribe, including (but
not limited to) traditional methods and forums for dispute
resolution, lower courts, appellate courts (including intertribal
appellate courts), alternative dispute resolution systems, and
circuit rider systems, established by inherent tribal authority
whether or not they constitute a court of record.
TITLE I--TRIBAL JUSTICE SYSTEMS
SEC. 101. OFFICE OF TRIBAL JUSTICE SUPPORT.
(a) Establishment.--There is hereby established within the Bureau
the Office of Tribal Justice Support. The purpose of the Office shall be
to further the development, operation, and enhancement of tribal justice
systems and Courts of Indian Offenses.
(b) Transfer of Existing Functions and Personnel.--All functions
performed before the date of the enactment of this Act by the Branch of
Judicial Services of the Bureau and all personnel assigned to such
Branch as of the date of the enactment of this Act are hereby
transferred to the Office of Tribal Justice Support. Any reference in
any law, regulation, executive order, reorganization plan, or delegation
of authority to the Branch of Judicial Services is deemed to be a
reference to the Office of Tribal Justice Support.
(c) Functions.--In addition to the functions transferred to the
Office pursuant to subsection (b), the Office shall perform the
following functions:
(1) Provide funds to Indian tribes and tribal organizations for
the development, enhancement, and continuing operation of tribal
justice systems.
(2) Provide technical assistance and training, including
programs of continuing education and training for personnel of
Courts of Indian Offenses.
(3) Study and conduct research concerning the operation of
tribal justice systems.
(4) Promote cooperation and coordination among tribal justice
systems and the Federal and State judiciary systems.
(5) Oversee the continuing operations of the Courts of Indian
Offenses.
(6) Provide funds to Indian tribes and tribal organizations for
the continuation and enhancement of traditional tribal judicial
practices.
(d) No Imposition of Standards.--Nothing in this Act shall be deemed
or construed to authorize the Office to impose justice standards on
Indian tribes.
(e) Assistance to Tribes.--(1) The Office shall provide technical
assistance and training to any Indian tribe or tribal organization upon
request. Technical assistance and training shall include (but not be
limited to) assistance for the development of--
(A) tribal codes and rules of procedure;
(B) tribal court administrative procedures and court records
management systems;
(C) methods of reducing case delays;
(D) methods of alternative dispute resolution;
(E) tribal standards for judicial administration and conduct;
and
(F) long-range plans for the enhancement of tribal justice
systems.
(2) Technical assistance and training provided pursuant to paragraph
(1) may be provided through direct services, by contract with
independent entities, or through grants to Indian tribes or tribal
organizations.
(f) Information Clearinghouse on Tribal Justice Systems.--The Office
shall maintain an information clearinghouse (which shall include an
electronic data base) on tribal justice systems and Courts of Indian
Offenses, including (but not limited to) information on staffing,
funding, model tribal codes, tribal justice activities, and tribal
judicial decisions. The Office shall take such actions as may be
necessary to ensure the confidentiality of records and other matters
involving privacy rights.
SEC. 102. SURVEY OF TRIBAL JUDICIAL SYSTEMS.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Secretary, in consultation with Indian
tribes, shall enter into a contract with a non-Federal entity to conduct
a survey of conditions of tribal justice systems and Courts of Indian
Offenses to determine the resources and funding, including base support
funding, needed to provide for expeditious and effective administration
of justice. The Secretary, in like manner, shall annually update the
information and findings contained in the survey required under this
section.
(b) Local Conditions.--In the course of any annual survey, the non-
Federal entity shall document local conditions of each Indian tribe,
including, but not limited to--
(1) the geographic area and population to be served;
(2) the levels of functioning and capacity of the tribal justice
system;
(3) the volume and complexity of the caseloads;
(4) the facilities, including detention facilities, and program
resources available;
(5) funding levels and personnel staffing requirements for the
tribal justice system; and
(6) the training and technical assistance needs of the tribal
justice system.
(c) Consultation With Indian Tribes.--The non-Federal entity shall
actively consult with Indian tribes and tribal organizations in the
development and conduct of the surveys, including updates thereof, under
this section. Indian tribes and tribal organizations shall have the
opportunity to review and make recommendations regarding the findings of
the survey, including updates thereof, prior to final publication of the
survey or any update thereof. After Indian tribes and tribal
organizations have reviewed and commented on the results of the survey,
or any update thereof, the non-Federal entity shall report its findings,
together with the comments and recommendations of the Indian tribes and
tribal organizations, to the Secretary, the Committee on Indian Affairs
of the Senate, and the Subcommittee on Native American Affairs of the
Committee on Natural Resources of the House of Representatives.
SEC. 103. BASE SUPPORT FUNDING FOR TRIBAL JUSTICE SYSTEMS.
(a) In General.--Pursuant to the Indian Self-Determination and
Education Assistance Act, the Secretary is authorized (to the extent
provided in advance in appropriations Acts) to enter into contracts,
grants, or agreements with Indian tribes for the performance of any
function of the Office and for the development, enhancement, and
continuing operation of tribal justice systems and traditional tribal
judicial practices by Indian tribal governments.
(b) Purposes for Which Financial Assistance May Be Used.--Financial
assistance provided through contracts, grants, or agreements entered
into pursuant to this section may be used for--
(1) planning for the development, enhancement, and operation of
tribal justice systems;
(2) the employment of judicial personnel;
(3) training programs and continuing education for tribal
judicial personnel;
(4) the acquisition, development, and maintenance of a law
library and computer assisted legal research capacities;
(5) the development, revision, and publication of tribal codes,
rules of practice, rules of procedure, and standards of judicial
performance and conduct;
(6) the development and operation of records management systems;
(7) the construction or renovation of facilities for tribal
justice systems;
(8) membership and related expenses for participation in
national and regional organizations of tribal justice systems and
other professional organizations; and
(9) the development and operation of other innovative and
culturally relevant programs and projects, including (but not
limited to) programs and projects for--
(A) alternative dispute resolution;
(B) tribal victims assistance or victims services;
(C) tribal probation services or diversion programs;
(D) juvenile services and multidisciplinary investigations
of child abuse; and
(E) traditional tribal judicial practices, traditional
tribal justice systems, and traditional methods of dispute
resolution.
(c) Formula.--(1) Not later than 180 days after the date of the
enactment of this Act, the Secretary, with the full participation of
Indian tribes, shall establish and promulgate by regulation, a formula
which establishes base support funding for tribal justice systems in
carrying out this section.
(2) The Secretary shall assess caseload and staffing needs for
tribal justice systems that take into account unique geographic and
demographic conditions. In the assessment of these needs, the Secretary
shall work cooperatively with Indian tribes and tribal organizations and
shall refer to any data developed as a result of the surveys conducted
pursuant to section 102 and to relevant assessment standards developed
by the Judicial Conference of the United States, the National Center for
State Courts, the American Bar Association, and appropriate State bar
associations.
(3) Factors to be considered in the development of the base support
funding formula shall include, but are not limited to--
(A) the caseload and staffing needs identified under paragraph
(2);
(B) the geographic area and population to be served;
(C) the volume and complexity of the caseloads;
(D) the projected number of cases per month;
(E) the projected number of persons receiving probation services
or participating in diversion programs; and
(F) any special circumstances warranting additional financial
assistance.
(4) In developing and administering the formula for base support
funding for the tribal judicial systems under this section, the
Secretary shall ensure equitable distribution of funds.
SEC. 104. TRIBAL JUDICIAL CONFERENCES.
The Secretary is authorized to provide funds to tribal judicial
conferences, under section 101 of this Act, pursuant to contracts
entered into under the authority of the Indian Self-Determination and
Education Assistance Act for the development, enhancement, and
continuing operation of tribal justice systems of Indian tribes which
are members of such conference. Funds provided under this section may be
used for--
(1) the employment of judges, magistrates, court counselors,
court clerks, court administrators, bailiffs, probation officers,
officers of the court, or dispute resolution facilitators;
(2) the development, revision, and publication of tribal codes,
rules of practice, rules of procedure, and standards of judicial
performance and conduct;
(3) the acquisition, development, and maintenance of a law
library and computer assisted legal research capacities;
(4) training programs and continuing education for tribal
judicial personnel;
(5) the development and operation of records management systems;
(6) planning for the development, enhancement, and operation of
tribal justice systems; and
(7) the development and operation of other innovative and
culturally relevant programs and projects, including (but not
limited to) programs and projects for--
(A) alternative dispute resolution;
(B) tribal victims assistance or victims services;
(C) tribal probation services or diversion programs;
(D) juvenile services and multidisciplinary investigations
of child abuse; and
(E) traditional tribal judicial practices, traditional
justice systems, and traditional methods of dispute resolution.
TITLE II--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 201. TRIBAL JUSTICE SYSTEMS.
(a) Office.--There is authorized to be appropriated to carry out the
provisions of sections 101 and 102 of this Act, $7,000,000 for each of
the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000. None of
the funds provided under this subsection may be used for the
administrative expenses of the Office.
(b) Base Support Funding for Tribal Justice Systems.--There is
authorized to be appropriated to carry out the provisions of section 103
of this Act, $50,000,000 for each of the fiscal years 1994, 1995, 1996,
1997, 1998, 1999, and 2000.
(c) Administrative Expenses for Office.--There is authorized to be
appropriated, for the administrative expenses of the Office, $500,000
for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and
2000.
(d) Administrative Expenses for Tribal Judicial Conferences.--There
is authorized to be appropriated, for the administrative expenses of
tribal judicial conferences, $500,000 for each of the fiscal years 1994,
1995, 1996, 1997, 1998, 1999, and 2000.
(e) Survey.--For carrying out the survey under section 102, there is
authorized to be appropriated, in addition to the amount authorized
under subsection (a) of this section, $400,000.
(f) Indian Priority System.--Funds appropriated pursuant to the
authorizations provided by this section and available for a tribal
justice system shall not be subject to the Indian priority system.
Nothing in this Act shall preclude a tribal government from
supplementing any funds received under this Act with funds received from
any other source including the Bureau or any other Federal agency.
(g) Allocation of Funds.--In allocating funds appropriated pursuant
to the authorization contained in subsection (a) among the Bureau,
Office, tribal governments and Courts of Indian Offenses, the Secretary
shall take such actions as may be necessary to ensure that such
allocation is carried out in a manner that is fair and equitable to all
tribal governments and is proportionate to base support funding under
section 103 received by the Bureau, Office, tribal governments, and
Courts of Indian Offenses.
(h) No Offset.--No Federal agency shall offset funds made available
pursuant to this Act for tribal justice systems against other funds
otherwise available for use in connection with tribal justice systems.
TITLE III--DISCLAIMERS
SEC. 301. TRIBAL AUTHORITY.
Nothing in this Act shall be construed to--
(1) encroach upon or diminish in any way the inherent sovereign
authority of each tribal government to determine the role of the
tribal justice system within the tribal government or to enact and
enforce tribal laws;
(2) diminish in any way the authority of tribal governments to
appoint personnel;
(3) impair the rights of each tribal government to determine the
nature of its own legal system or the appointment of authority
within the tribal government;
(4) alter in any way any tribal traditional dispute resolution
forum;
(5) imply that any tribal justice system is an instrumentality
of the United States; or
(6) diminish the trust responsibility of the United States to
Indian tribal governments and tribal justice systems of such
governments.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Tribal Justice Systems
Title II: Authorizations of Appropriations
Title III: Disclaimers
Indian Tribal Justice Act -
Title I: Tribal Justice Systems
- Establishes within the Bureau of Indian Affairs (Bureau) the Office of Tribal Justice Support (Office) to further the development of tribal justice systems and Courts of Indian Offenses. Transfers functions and personnel of the Bureau's Branch of Judicial Services to the Office.
Directs the Office to: (1) establish a tribal justice systems clearinghouse; (2) survey systems resources and funding; (3) provide training and technical assistance; and (4) provide funds to tribes and tribal organizations for the continuing operation of tribal justice systems.
Directs the Secretary of the Interior (Secretary) to contract for a survey of tribal judicial systems, which shall be annually updated.
Authorizes the Secretary to: (1) provide grants to or enter into contracts with tribes or tribal organizations for the development and operation of tribal justice systems; and (2) contract with tribal judicial conferences for such purposes.
Title II: Authorizations of Appropriations
- Authorizes appropriations for tribal justice systems and related activities through FY 2000. Authorizes additional appropriations for the tribal judicial system survey.
Exempts related appropriations from the Indian priority system.
Title III: Disclaimers
- States that nothing in this Act shall be construed to diminish: (1) the inherent authority of a tribe's governmental authority, including its legal system; or (2) the trust responsibility of the United States to tribal governments and legal systems, or to imply that any tribal court is a U.S. instrumentality. | Indian Tribal Justice Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The American Society of Reproductive Medicine
recognizes infertility as a disease, and the Centers for
Disease Control and Prevention have described infertility as an
emerging public health priority in the United States. Globally,
the World Health Organization also formally recognizes
infertility as a disease.
(2) According to the National Survey of Family Growth of
the Centers for Disease Control and Prevention, approximately
3,000,000 women in the United States had trouble conceiving or
carrying a pregnancy to term.
(3) A portion of those 3,000,000 women are cancer survivors
who were diagnosed as infants, children, or young adults. Their
treatments included chemotherapy, radiation, and surgery which
have led to irreparable damage to their reproductive systems.
(4) Military families notably are also impacted by
infertility as a result of lower extremity war injuries arising
from the perils of modern warfare. For active duty individuals,
frequent changes in permanent duty station, combat deployments,
and training rotations complicate access to fertility
treatments. In addition, active duty individuals or veterans
have no coverage for in vitro fertilization (IVF) through their
military health insurance and must pay out of pocket for those
expenses, even within military treatment facilities.
(5) For many, the cost of treatment for the disease of
infertility is prohibitive. According to the American Society
for Reproductive Medicine, the cost per cycle of IVF is
approximately $12,500, and on average couples require at least
2 cycles. Many couples have to choose between their desire to
establish a family and their future financial well-being.
(6) Medical insurance coverage for infertility treatments
is sparse and inconsistent at the State level. Only 8 States
have passed laws to require comprehensive infertility coverage,
and under those State laws employer-sponsored plans are exempt;
therefore, coverage for treatments such as IVF is limited.
According to Mercer's 2005 National Survey of Employer-
Sponsored Health Plans, IVF was voluntarily covered by 19
percent of large employer-sponsored health plans and only 11
percent of small employer-sponsored health plans. Even in
States with coverage mandates, out-of-pocket expenses for these
treatments are significant.
(7) According to the latest National Survey of Family
Growth, African-American and Hispanic women are more likely to
be infertile than Caucasian women, yet studies indicate that
they are less likely to use infertility services.
SEC. 3. CREDIT FOR CERTAIN INFERTILITY TREATMENTS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting before
section 24 the following new section:
``SEC. 23A. CREDIT FOR CERTAIN INFERTILITY TREATMENTS.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 50 percent of the
qualified infertility treatment expenses paid or incurred during the
taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The amount of the credit under
subsection (a) for any taxable year shall not exceed the excess
(if any) of--
``(A) the dollar amount in effect under section
23(b)(1) for the taxable year, over
``(B) the aggregate amount of the credits allowed
under subsection (a) for all preceding taxable years.
``(2) Income limitation.--
``(A) In general.--The amount otherwise allowable
as a credit under subsection (a) for any taxable year
(determined after the application of paragraph (1) and
without regard to this paragraph and subsection (c))
shall be reduced (but not below zero) by an amount
which bears the same ratio to the amount so allowable
as--
``(i) the amount (if any) by which the
taxpayer's adjusted gross income exceeds the
dollar amount in effect under clause (i) of
section 23(b)(2)(A); bears to
``(ii) $40,000.
``(B) Determination of adjusted gross income.--For
purposes of subparagraph (A), adjusted gross income
shall be determined without regard to sections 911,
931, and 933.
``(3) Denial of double benefit.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or
credit is taken under any other provision of this
chapter.
``(B) Grants.--No credit shall be allowed under
subsection (a) for any expense to the extent that
reimbursement or other funds in compensation for such
expense are received under any Federal, State, or local
program.
``(C) Insurance reimbursement.--No credit shall be
allowed under subsection (a) for any expense to the
extent that payment for such expense is made, or
reimbursement for such expense is received, under any
insurance policy.
``(c) Carryforwards of Unused Credit.--
``(1) Rule for years in which all personal credits allowed
against regular and alternative minimum tax.--If the credit
allowable under subsection (a) exceeds the limitation imposed
by section 26(a)(2) for such taxable year reduced by the sum of
the credits allowable under this subpart (other than this
section), such excess shall be carried to the succeeding
taxable year and added to the credit allowable under subsection
(a) for such succeeding taxable year.
``(2) Limitation.--No credit may be carried forward under
this subsection to any taxable year after the 5th taxable year
after the taxable year in which the credit arose. For purposes
of the preceding sentence, credits shall be treated as used on
a first-in, first-out basis.
``(d) Qualified Infertility Treatment Expenses.--For purposes of
this section:
``(1) In general.--The term `qualified infertility
treatment expenses' means amounts paid or incurred for the
treatment of infertility via in vitro fertilization if such
treatment is--
``(A) provided by a licensed physician, licensed
surgeon, or other licensed medical practitioner, and
``(B) administered with respect to a diagnosis of
infertility by a physician licensed in the United
States.
``(2) Treatments in advance of infertility arising from
medical treatments.--In the case of expenses incurred in
advance of a diagnosis of infertility for fertility
preservation procedures which are conducted prior to medical
procedures that, as determined by a physician licensed in the
United States, may cause involuntary infertility or
sterilization, such expenses shall be treated as qualified
infertility treatment expenses--
``(A) notwithstanding paragraph (1)(B), and
``(B) without regard to whether a diagnosis of
infertility subsequently results.
Expenses for fertility preservation procedures in advance of a
procedure designed to result in infertility or sterilization
shall not be treated as qualified infertility treatment
expenses.
``(3) Infertility.--The term `infertility' means the
inability to conceive or to carry a pregnancy to live birth,
including iatrogenic infertility resulting from medical
treatments such as chemotherapy, radiation or surgery. Such
term does not include infertility or sterilization resulting
from a procedure designed for such purpose.
``(e) Eligible Individual.--For purposes of this section, the term
`eligible individual' means an individual--
``(1) who has been diagnosed with infertility by a
physician licensed in the United States, or
``(2) with respect to whom a physician licensed in the
United States has made the determination described in
subsection (d)(2).
``(f) Married Couples Must File Joint Returns.--Rules similar to
the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply
for purposes of this section.''.
(b) Conforming Amendments.--
(1) 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 before the item relating to section 24
the following new item:
``Sec. 23A. Credit for certain infertility treatments.''.
(2) Section 23(c)(1) of such Code is amended by striking
``25D'' and inserting ``23A, 25D,''.
(3) Section 25(e)(1)(C) of such Code is amended by
inserting ``23A,'' before ``25D,''.
(4) Section 25D(c) of such Code is amended by inserting
``and section 23A'' after ``other than this section''.
(5) Section 1400C(d) of such Code is amended by striking
``section 25D'' and inserting ``sections 23A and 25D''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | Family Act of 2016 This bill amends the Internal Revenue Code to allow a tax credit for 50% of an individual's qualified infertility treatment expenses, subject to specified limits based on dollar amounts and the taxpayer's adjusted gross income. Qualified infertility treatment expenses are amounts paid for the treatment of infertility via in vitro fertilization if such treatment is provided by a licensed physician, surgeon, or other medical practitioner and is administered with respect to a diagnosis of infertility by a physician licensed in the United States. | Family Act of 2016 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Rural Renaissance
Act II of 2005''.
(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. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS.
(a) In General.--Part IV of subchapter A of chapter 1 (relating to
credits against tax) is amended by adding at the end the following new
subpart:
``Subpart H--Nonrefundable Credit to Holders of Rural Renaissance Bonds
``Sec. 54. Credit to holders of rural renaissance bonds.
``SEC. 54. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
rural renaissance bond on a credit allowance date of such bond, which
occurs during the taxable year, there shall be allowed as a credit
against the tax imposed by this chapter for such taxable year an amount
equal to the sum of the credits determined under subsection (b) with
respect to credit allowance dates during such year on which the
taxpayer holds such bond.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a rural renaissance bond is 25 percent of the annual credit
determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any rural renaissance bond is the product of--
``(A) the credit rate determined by the Secretary
under paragraph (3) for the day on which such bond was
sold, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Determination.--For purposes of paragraph (2), with
respect to any rural renaissance bond, the Secretary shall
determine daily or caused to be determined daily a credit rate
which shall apply to the first day on which there is a binding,
written contract for the sale or exchange of the bond. The
credit rate for any day is the credit rate which the Secretary
or the Secretary's designee estimates will permit the issuance
of rural renaissance bonds with a specified maturity or
redemption date without discount and without interest cost to
the qualified issuer.
``(4) Credit allowance date.--For purposes of this section,
the term `credit allowance date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term also includes the last day on which the bond is
outstanding.
``(5) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed or matures.
``(c) Limitation Based on Amount of Tax.--
``(1) In general.--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
part (other than subpart C thereof, relating to
refundable credits).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(d) Rural Renaissance Bond.--For purposes of this section--
``(1) In general.--The term `rural renaissance bond' means
any bond issued as part of an issue if--
``(A) the bond is issued by a qualified issuer,
``(B) 95 percent or more of the proceeds from the
sale of such issue are to be used for capital
expenditures incurred for 1 or more qualified projects,
``(C) the qualified issuer designates such bond for
purposes of this section and the bond is in registered
form, and
``(D) the issue meets the requirements of
subsections (e) and (g).
``(2) Qualified project; special use rules.--
``(A) In general.--The term `qualified project'
means 1 or more projects described in subparagraph (B)
located in a rural area.
``(B) Projects described.--A project described in
this subparagraph is--
``(i) a water or waste treatment project,
``(ii) an affordable housing project,
``(iii) a community facility project,
including hospitals, fire and police stations,
and nursing and assisted-living facilities,
``(iv) a value-added agriculture or
renewable energy facility project for
agricultural producers or farmer-owned
entities, including any project to promote the
production, processing, or retail sale of
ethanol (including fuel at least 85 percent of
the volume of which consists of ethanol),
biodiesel, animal waste, biomass, raw
commodities, or wind as a fuel,
``(v) a distance learning or telemedicine
project,
``(vi) a rural utility infrastructure
project, including any electric or telephone
system,
``(vii) a project to expand broadband
technology,
``(viii) a rural teleworks project, and
``(ix) any project described in any
preceding clause carried out by the Delta
Regional Authority.
``(C) Special rules.--For purposes of this
paragraph--
``(i) any project described in subparagraph
(B)(iv) for a farmer-owned entity may be
considered a qualified project if such entity
is located in a rural area, or in the case of a
farmer-owned entity the headquarters of which
are located in a nonrural area, if the project
is located in a rural area, and
``(ii) any project for a farmer-owned
entity which is a facility described in
subparagraph (B)(iv) for agricultural producers
may be considered a qualified project
regardless of whether the facility is located
in a rural or nonrural area.
``(3) Special use rules.--
``(A) Refinancing rules.--For purposes of paragraph
(1)(B), a qualified project may be refinanced with
proceeds of a rural renaissance bond only if the
indebtedness being refinanced (including any obligation
directly or indirectly refinanced by such indebtedness)
was originally incurred after the date of the enactment
of this section.
``(B) Treatment of changes in use.--For purposes of
paragraph (1)(B), the proceeds of an issue shall not be
treated as used for a qualified project to the extent
that a borrower takes any action within its control
which causes such proceeds not to be used for a
qualified project. The Secretary shall prescribe
regulations specifying remedial actions that may be
taken (including conditions to taking such remedial
actions) to prevent an action described in the
preceding sentence from causing a bond to fail to be a
rural renaissance bond.
``(e) Maturity Limitations.--
``(1) Duration of term.--A bond shall not be treated as a
rural renaissance bond if such bond is issued as part of an
issue and--
``(A) the average maturity of bonds issued as a
part of such issue, exceeds
``(B) 120 percent of the average reasonable
expected economic life of the facilities being financed
with the proceeds from the sale of such issue.
``(2) Determination of averages.--For purposes of paragraph
(1), the determination of averages of an issue and economic
life of any facility shall be determined in accordance with
section 147(b).
``(3) Ratable principal amortization required.--A bond
shall not be treated as a rural renaissance bond unless it is
part of an issue which provides for an equal amount of
principal to be paid by the qualified issuer during each
calendar year that the issue is outstanding.
``(f) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (c)) and the amount so
included shall be treated as interest income.
``(g) Special Rules Relating to Expenditures.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if--
``(A) at least 95 percent of the proceeds from the
sale of the issue are to be spent for 1 or more
qualified projects within the 5-year period beginning
on the date of issuance of the rural renaissance bond,
``(B) a binding commitment with a third party to
spend at least 10 percent of the proceeds from the sale
of the issue will be incurred within the 6-month period
beginning on the date of issuance of the rural
renaissance bond or, in the case of a rural renaissance
bond, the proceeds of which are to be loaned to 2 or
more borrowers, such binding commitment will be
incurred within the 6-month period beginning on the
date of the loan of such proceeds to a borrower, and
``(C) such projects will be completed with due
diligence and the proceeds from the sale of the issue
will be spent with due diligence.
``(2) Extension of period.--Upon submission of a request
prior to the expiration of the period described in paragraph
(1)(A), the Secretary may extend such period if the qualified
issuer establishes that the failure to satisfy the 5-year
requirement is due to reasonable cause and the related projects
will continue to proceed with due diligence.
``(3) Failure to spend required amount of bond proceeds
within 5 years.--To the extent that less than 95 percent of the
proceeds of such issue are expended within such 5-year period
(and no extension has been obtained under paragraph (2)), the
qualified issuer shall redeem all of the nonqualified bonds on
the earliest call date subsequent to the expiration of the 5-
year period. If such earliest call date is more than 90 days
subsequent to the expiration of the 5-year period, the
qualified issuer shall establish a yield-restricted defeasance
escrow within such 90 days to retire such nonqualified bonds on
the earlier of the date which is 10 years after the issue date
or the first call date. For purposes of this paragraph, the
term `nonqualified bonds' means the portion of the outstanding
bonds in an amount that, if the remaining bonds were issued on
the fifth anniversary of the date of the issuance of the issue,
at least 95 percent of the proceeds of the remaining bonds
would be used to provide qualified projects.
``(h) Special Rules Relating to Arbitrage.--
``(1) In general.--A bond which is part of an issue shall
not be treated as a rural renaissance bond unless, with respect
to the issue of which the bond is a part, the qualified issuer
satisfies the arbitrage rebate requirements of section 148 with
respect to gross proceeds of the issue (other than any amounts
applied in accordance with subsection (g)). For purposes of
such requirements, yield over the term of an issue shall be
determined under the principles of section 148 based on the
qualified issuer's payments of principal, interest (if any),
and fees for qualified guarantees on such issue.
``(2) Exception.--Amounts on deposit in a bona fide debt
service fund with regard to any rural renaissance bond are not
subject to the arbitrage rebate requirements of section 148.
``(i) Qualified Issuer.--For purposes of this section--
``(1) In general.--The term `qualified issuer' means any
not-for-profit cooperative lender which has as of the date of
the enactment of this section received a guarantee under
section 306 of the Rural Electrification Act and which meets
the requirement of paragraph (2).
``(2) User fee requirement.--The requirement of this
paragraph is met if the issuer of any rural renaissance bond
makes grants for economic and community development projects on
a semi-annual basis every year that such bond is outstanding in
an annual amount equal to \1/2\ of the rate on United States
Treasury bills of the same maturity multiplied by the
outstanding principal balance of rural renaissance bonds issued
by such issuer.
``(j) Special Rules Relating to Pool Bonds.--No portion of a pooled
financing bond may be allocable to loan unless the borrower has entered
into a written loan commitment for such portion prior to the issue date
of such issue.
``(k) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Bond.--The term `bond' includes any obligation.
``(2) Pooled financing bond.--The term `pooled financing
bond' shall have the meaning given such term by section
149(f)(4)(A).
``(3) Rural area.--The term `rural area' means any area
other than--
``(A) a city or town which has a population of
greater than 50,000 inhabitants, or
``(B) the urbanized area contiguous and adjacent to
such a city or town.
``(4) Partnership; s corporation; and other pass-thru
entities.--Under regulations prescribed by the Secretary, in
the case of a partnership, trust, S corporation, or other pass-
thru entity, rules similar to the rules of section 41(g) shall
apply with respect to the credit allowable under subsection
(a).
``(5) Bonds held by regulated investment companies.--If any
rural renaissance bond is held by a regulated investment
company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(6) Treatment for estimated tax purposes.--Solely for
purposes of sections 6654 and 6655, the credit allowed by this
section to a taxpayer by reason of holding a rural renaissance
bond on a credit allowance date shall be treated as if it were
a payment of estimated tax made by the taxpayer on such date.
``(7) Reporting.--Issuers of rural renaissance bonds shall
submit reports similar to the reports required under section
149(e).''.
(b) Reporting.--Subsection (d) of section 6049 (relating to returns
regarding payments of interest) is amended by adding at the end the
following new paragraph:
``(8) Reporting of credit on rural renaissance bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 54(f) and such amounts shall
be treated as paid on the credit allowance date (as
defined in section 54(b)(4)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A), subsection
(b)(4) shall be applied without regard to subparagraphs
(A), (H), (I), (J), (K), and (L)(i) of such subsection.
``(C) Regulatory authority.--The Secretary may
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''.
(c) Clerical Amendments.--
(1) The table of subparts for part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
item:
``Subpart H. Nonrefundable credit to holders of rural
renaissance bonds.''.
(2) Section 6401(b)(1) is amended by striking ``and G'' and
inserting ``G, and H''.
(d) Issuance of Regulations.--The Secretary of Treasury shall issue
regulations required under section 54 of the Internal Revenue Code of
1986 (as added by this section) not later than 120 days after the date
of the enactment of this Act.
(e) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act. | Rural Renaissance Act II of 2005 - Amends the Internal Revenue Code to allow holders of rural renaissance bonds a nonrefundable tax credit of 25 percent of the annual credit amount as determined by the Secretary of the Treasury. Defines "rural renaissance bond" as any bond issued by a nonprofit cooperative lender that is used for capital expenditures for qualified projects in rural areas, including projects for water or waste treatment, affordable housing, community facilities (e.g., hospitals, fire and police stations, nursing facilities, etc.), rural utility infrastructure, broadband technology, and rural teleworks.
Sets forth rules for maturity limitations, arbitrage, and expenditures, including a requirement that 95 percent of the proceeds from the sale of a bond issue be spent on qualified projects within five yeas from the date of a bond issuance. | A bill to amend the Internal Revenue Code of 1986 to allow a credit to holders of qualified bonds issued to finance certain rural development projects, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Export Promotion Reform Act''.
SEC. 2. IMPROVED COORDINATION EXPORT PROMOTION ACTIVITIES OF FEDERAL
AGENCIES.
Section 2312 of the Export Enhancement Act of 1988 (relating to the
Trade Promotion Coordinating Committee; 15 U.S.C. 4727) is amended--
(1) in subsection (b)--
(A) in paragraph (5), by striking ``and'' after the
semicolon;
(B) by redesignating paragraph (6) as paragraph
(7); and
(C) by inserting after paragraph (5) the following:
``(6) in making the assessments under paragraph (5), review
the proposed annual budget of each agency described in
paragraph (5), under procedures established by the TPCC for
such review, before the agency submits that budget to the
Office of Management and Budget and the President for inclusion
in the budget of the United States submitted to Congress under
section 1105(a) of title 31, United States Code; and'';
(2) in subsection (c)--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) in conducting the review and developing the plan
under paragraph (2), take into account recommendations from a
representative number of United States exporters, in particular
small businesses and medium-sized businesses, and
representatives of United States workers;''; and
(3) by adding at the end the following:
``(g) Implementation.--The President shall take such steps as are
necessary to provide the chairperson of the TPCC with the authority to
ensure that the TPCC carries out each of its duties under subsection
(b) and develops and implements the strategic plan under subsection
(c).
``(h) Definition.--In this section, the term `small business' means
a small business concern as defined under section 3 of the Small
Business Act (15 U.S.C. 632).''.
SEC. 3. EFFECTIVE DEPLOYMENT OF U.S. COMMERCIAL SERVICE RESOURCES.
Section 2301(c)(4) of the Export Enhancement Act of 1988 (relating
to the United States and Foreign Commercial Service; 15 U.S.C.
4721(c)(4)) is amended--
(1) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively; and
(2) by striking ``(4) Foreign offices.--(A) The Secretary
may'' and inserting the following:
``(4) Foreign offices.--(A)(i) In consultation with the
Trade Promotion Coordinating Committee, the Secretary shall
conduct a global assessment of overseas markets to determine
those with the greatest potential for increasing United States
exports, and to deploy the Commercial Service personnel and
other resources on the basis of the global assessment.
``(ii) The assessment conducted under clause (i) shall take
into account recommendations from a representative number of
United States exporters, in particular small- and medium-sized
businesses, and representatives of United States workers.
``(iii) Not later than 6 months after the date of enactment
of the Export Promotion Reform Act, the Secretary shall submit
to Congress results of the global assessment conducted under
clause (i) and a plan for deployment of Commercial Service
personnel and other resources on the basis of the global
assessment.
``(iv) The Secretary shall conduct an assessment and
deployment described in clause (i) not less than once in every
5-year period.
``(B) The Secretary may''.
SEC. 4. STRENGTHENED U.S. COMMERCIAL DIPLOMACY IN SUPPORT OF U.S.
EXPORTS.
(a) Development of Plan.--Section 207(c) of the Foreign Service Act
of 1980 (22 U.S.C. 3927(c)) is amended by inserting before the period
at the end the following: ``, including through the development of a
plan, drafted in consultation with the Trade Promotion Coordinating
Committee, for effective diplomacy to remove or reduce obstacles to
exports of United States goods and services''.
(b) Assessments and Promotions.--Section 603(b) of the Foreign
Service Act of 1980 (22 U.S.C. 4003(b)) is amended, in the second
sentence, by inserting after ``expertise'' the following: ``and (with
respect to members of the Service with responsibilities relating to
economic affairs) of the effectiveness of efforts to promote the export
of United States goods and services in accordance with a commercial
diplomacy plan developed pursuant to section 207(c),''.
(c) Inspector General.--Section 209(b) of the Foreign Service Act
of 1980 (22 U.S.C. 3929(b)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) the effectiveness of commercial diplomacy relating to
the promotion of exports of United States goods and services;
and''. | Export Promotion Reform Act - Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee (TPCC), in assessing the appropriate levels and allocation of resources among agencies in support of export promotion and export financing, to review the proposed annual budget of each agency before the agency submits it to the Office of Management and Budget (OMB) for inclusion in the budget the President submits to Congress. Requires the President to take necessary steps to grant the TPCC chairperson authority to ensure that the TPCC carries out each of its duties and develops and implements its governmentwide strategic plan for federal trade promotion efforts. Revises the authority of the Secretary of Commerce to establish foreign offices of the United States and Foreign Commercial Service. Requires the Secretary to: (1) conduct every five years a global assessment of overseas markets to determine those with the greatest potential for increasing U.S. exports, and (2) deploy Commercial Service personnel and other resources on the basis of the global assessment. Amends the Foreign Service Act of 1980 to require the U.S. Foreign Service chief of mission to a foreign country, in promoting U.S. goods and services for export to that country, to do so through the development of a plan, drafted in consultation with the TPCC, for effective diplomacy to remove or reduce obstacles to exports of such goods and services. Requires the precepts for selection boards responsible for recommending promotions into and within the Senior Foreign Service, especially members with economic affairs responsibilities, to emphasize performance which demonstrates the effectiveness of efforts to promote the export of U.S. goods and services in accordance with a commercial diplomacy plan. Requires the inspections, investigations, and audits of the Inspector General of the Department of State to examine the effectiveness of commercial diplomacy relating to the promotion of exports of U.S. goods and services. | Export Promotion Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maximum Economic Growth for America
Through the Highway Trust Fund Act'' or the ``MEGA Trust Act''.
SEC. 2. ALL ALCOHOL FUELS TAXES TRANSFERRED TO HIGHWAY TRUST FUND.
(a) In General.--Section 9503(b)(4) of the Internal Revenue Code of
1986 (relating to certain taxes not transferred to Highway Trust Fund)
is amended--
(1) by adding ``or'' at the end of subparagraph (C),
(2) by striking the comma at the end of subparagraph
(D)(iii) and inserting a period, and
(3) by striking subparagraphs (E) and (F).
(b) Effective Date.--The amendments made by this section shall
apply to taxes received in the Treasury after September 30, 2003.
SEC. 3. GENERAL FUND TRANSFER TO HIGHWAY TRUST FUND OF AMOUNT EQUAL TO
UNTAXED PORTION OF GASOHOL CONTAINING ETHANOL.
(a) In General.--Section 9503(b) of the Internal Revenue Code of
1986 (relating to transfer to Highway Trust Fund of amounts equivalent
to certain taxes) is amended--
(1) by redesignating paragraph (5) as paragraph (6),
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) General revenue transfer equal to untaxed portion of
gasohol containing ethanol.--There are hereby appropriated to
the Highway Trust Fund with respect to any qualified alcohol
mixture described in section 4081(c)(4)(A)(i), amounts
equivalent to the excess of the rate of tax which would (but
for section 4081(c)) be determined under section 4081(a) over
the alcohol mixture rate determined under section
4081(c)(4)(A)(i) and imposed on such mixture, as determined by
the Secretary, after consultation with the Secretary of
Transportation. Such amounts shall be appropriated and
transferred from the general fund in the manner in which taxes
determined under section 4081(a) would have been transferred by
the Secretary of the Treasury and such amounts shall be treated
as taxes received in the Treasury under such section.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the removal or entry of any mixture after
September 30, 2003.
SEC. 4. INTEREST CREDITED TO HIGHWAY TRUST FUND.
(a) In General.--Section 9503 of the Internal Revenue Code of 1986
(relating to Highway Trust Fund) is amended by striking subsection (f).
(b) Effective Date.--The amendment made by this section shall apply
with respect to obligations held by the Highway Trust Fund after
September 30, 2003.
SEC. 5. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUND.
(a) Extension of Taxes.--
(1) In general.--The following provisions of the Internal
Revenue Code of 1986 are each amended by striking ``2005'' each
place it appears and inserting ``2011'':
(A) Section 4041(a)(1)(C)(iii)(I) (relating to rate
of tax on certain buses).
(B) Section 4041(a)(2)(B) (relating to rate of tax
on special motor fuels).
(C) Section 4041(m)(1)(A) (relating to certain
alcohol fuels).
(D) Section 4051(c) (relating to termination of tax
on heavy trucks and trailers).
(E) Section 4071(d) (relating to termination of tax
on tires).
(F) Section 4081(d)(1) (relating to termination of
tax on gasoline, diesel fuel, and kerosene).
(G) Section 4481(e) (relating to period tax in
effect).
(H) Section 4482(c)(4) (relating to taxable
period).
(I) Section 4482(d) (relating to special rule for
taxable period in which termination date occurs).
(2) Floor stocks refunds.--Section 6412(a)(1) of such Code
(relating to floor stocks refunds) is amended--
(A) by striking ``2005'' each place it appears and
inserting ``2011'', and
(B) by striking ``2006'' each place it appears and
inserting ``2012''.
(b) Extension of Certain Exemptions.--The following provisions of
the Internal Revenue Code of 1986 are each amended by striking ``2005''
and inserting ``2011'':
(1) Section 4221(a) (relating to certain tax-free sales).
(2) Section 4483(g) (relating to termination of exemptions
for highway use tax).
(c) Extension of Deposits Into, and Certain Transfers From, Trust
Fund.--
(1) In general.--Subsection (b), and paragraphs (2) and (3)
of subsection (c), of section 9503 of the Internal Revenue Code
of 1986 (relating to the Highway Trust Fund) are each amended--
(A) by striking ``2005'' each place it appears and
inserting ``2011'', and
(B) by striking ``2006'' each place it appears and
inserting ``2012''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (4)(A)(i) and (5)(A) of
section 9503(c) of such Code are each amended by
striking ``2005'' and inserting ``2011''.
(B) Conforming amendments to land and water
conservation fund.--Section 201(b) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
11(b)) is amended--
(i) by striking ``2003'' and inserting
``2009'', and
(ii) by striking ``2004'' each place it
appears and inserting ``2010''.
SEC. 6. NATIONAL SURFACE TRANSPORTATION INFRASTRUCTURE FINANCING
COMMISSION.
(a) Establishment.--There is established a National Surface
Transportation Infrastructure Financing Commission (in this section
referred to as the ``Commission''). The Commission shall hold its first
meeting within 90 days of the appointment of the eighth individual to
be named to the Commission.
(b) Function.--
(1) In general.--The Commission shall--
(A) make a thorough investigation and study of
revenues flowing into the Highway Trust Fund under
current law, including the individual components of the
overall flow of such revenues;
(B) consider whether the amount of such revenues is
likely to increase, decline, or remain unchanged,
absent changes in the law, particularly by taking into
account the impact of possible changes in public
vehicular choice, fuel use, or travel alternatives that
could be expected to reduce or increase revenues into
the Highway Trust Fund;
(C) consider alternative approaches to generating
revenues for the Highway Trust Fund, and the level of
revenues that such alternatives would yield;
(D) consider highway and transit needs and whether
additional revenues into the Highway Trust Fund, or
other Federal revenues dedicated to highway and transit
infrastructure, would be required in order to meet such
needs; and
(E) study such other matters closely related to the
subjects described in the preceding subparagraphs as it
may deem appropriate.
(2) Time frame of investigation and study.--The time frame
to be considered by the Commission shall extend through the
year 2015, to the extent data is reasonably available.
(3) Preparation of report.--Based on such investigation and
study, the Commission shall develop a final report, with
recommendations and the bases for those recommendations,
indicating policies that should be adopted, or not adopted, to
achieve various levels of annual revenue for the Highway Trust
Fund and to enable the Highway Trust Fund to receive revenues
sufficient to meet highway and transit needs. Such
recommendations shall address, among other matters as the
Commission may deem appropriate--
(A) what levels of revenue are required by the
Federal Highway Trust Fund in order for it to meet
needs to--
(i) maintain, and
(ii) improve the condition and performance
of the Nation's highway and transit systems;
(B) what levels of revenue are required by the
Federal Highway Trust Fund in order to ensure that
Federal levels of investment in highways and transit do
not decline in real terms; and
(C) the extent, if any, to which the Highway Trust
Fund should be augmented by other mechanisms or funds
as a Federal means of financing highway and transit
infrastructure investments.
(c) Membership.--
(1) Appointment.--The Commission shall be composed of 15
members, appointed as follows:
(A) 7 members appointed by the Secretary of
Transportation, in consultation with the Secretary of
the Treasury.
(B) 2 members appointed by the Chairman of the
Committee on Ways and Means of the House of
Representatives.
(C) 2 members appointed by the Ranking Minority
Member of the Committee on Ways and Means of the House
of Representatives.
(D) 2 members appointed by the Chairman of the
Committee on Finance of the Senate.
(E) 2 members appointed by the Ranking Minority
Member of the Committee on Finance of the Senate.
(2) Qualifications.--Members appointed pursuant to
paragraph (1) shall be appointed from among individuals
knowledgeable in the fields of public transportation finance or
highway and transit programs, policy, and needs, and may
include representatives of interested parties, such as State
and local governments or other public transportation
authorities or agencies, representatives of the transportation
construction industry (including suppliers of technology,
machinery and materials), transportation labor (including
construction and providers), transportation providers, the
financial community, and users of highway and transit systems.
(3) Terms.--Members shall be appointed for the life of the
Commission.
(4) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) Travel expenses.--Members shall serve without pay but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(6) Chairman.--The Chairman of the Commission shall be
elected by the members.
(d) Staff.--The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
(e) Funding.--Funding for the Commission shall be provided by the
Secretary of the Treasury and by the Secretary of Transportation, out
of funds available to those agencies for administrative and policy
functions.
(f) Staff of Federal Agencies.--Upon request of the Commission, the
head of any department or agency of the United States may detail any of
the personnel of that department or agency to the Commission to assist
in carrying out its duties under this section.
(g) Obtaining Data.--The Commission may secure directly from any
department or agency of the United States, information (other than
information required by any law to be kept confidential by such
department or agency) necessary for the Commission to carry out its
duties under this section. Upon request of the Commission, the head of
that department or agency shall furnish such nonconfidential
information to the Commission. The Commission shall also gather
evidence through such means as it may deem appropriate, including
through holding hearings and soliciting comments by means of Federal
Register notices.
(h) Report.--Not later than 2 years after the date of its first
meeting, the Commission shall transmit its final report, including
recommendations, to the Secretary of Transportation, the Secretary of
the Treasury, and the Committee on Ways and Means of the House of
Representatives, the Committee on Finance of the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives,
the Committee on Environment and Public Works of the Senate, and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
(i) Termination.--The Commission shall terminate on the 180th day
following the date of transmittal of the report under subsection (h).
All records and papers of the Commission shall thereupon be delivered
to the Administrator of General Services for deposit in the National
Archives. | Maximum Economic Growth for America Through the Highway Trust Fund Act (or MEGA Trust Act) - Amends the Internal Revenue Code to transfer all excise taxes imposed on alcohol fuels to the Highway Trust Fund (the "Fund").Authorizes the transfer to the Fund from the general fund of the Treasury of the amount of money equal to the untaxed portion of gasohol containing ethanol, effective with respect to the removal or entry of any mixture after September 30, 2003.Eliminates provision of Code stating that obligations of the Fund shall not be interest bearing, thus allowing the Fund to earn interest, effective with respect to obligations held by the Fund after September 30, 2003.Extends various highway-related taxes, floor stock refunds, certain tax-free sales, exemption from tax for use of highway vehicles by States and local governments and for use of certain transit-type buses, deposits into and certain specified transfers from the Fund, transfers from the Fund for motorboat fuel taxes and small-engine fuel taxes, and refunds of certain specified funds from the land and water conservation fund into the general fund.Establishes a National Surface Transportation Infrastructure Financing Commission (the "Commission"). Permits any department or agency to detail personnel to the Commission, and requires such bodies to furnish nonconfidential materials to the Commission upon request. | A bill to amend the Internal Revenue Code of 1986 to transfer all excise taxes imposed on alcohol fuels to the Highway Trust Fund, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Books for Children Act''
or the ``ABC Act''.
SEC. 2. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965.
Part E of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8131 et seq.) is amended to read as follows:
``PART E--ACCESS TO BOOKS FOR CHILDREN (ABC)
``SEC. 10500. PURPOSE.
``It is the purpose of this part to provide children with better
access to books and other reading materials and resources from birth to
adulthood, including opportunities to own books.
``Subpart 1--Inexpensive Book Distribution Program
``SEC. 10501. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING
MOTIVATION.
``(a) Authorization.--The Secretary is authorized to enter into a
contract with Reading is Fundamental (RIF) (hereafter in this section
referred to as `the contractor') to support and promote programs, which
include the distribution of inexpensive books to students, that
motivate children to read.
``(b) Requirements of Contract.--Any contract entered into under
subsection (a) shall--
``(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations, or with public agencies, under which each
subcontractor will agree to establish, operate, and provide the
non-Federal share of the cost of reading motivation programs
that include the distribution of books, by gift, to the extent
feasible, or loan, to children from birth through secondary
school age, including those in family literacy programs;
``(2) provide that funds made available to subcontractors
will be used only to pay the Federal share of the cost of such
programs;
``(3) provide that in selecting subcontractors for initial
funding, the contractor will give priority to programs that
will serve a substantial number or percentage of children with
special needs, such as--
``(A) low-income children, particularly in high-
poverty areas;
``(B) children at risk of school failure;
``(C) children with disabilities;
``(D) foster children;
``(E) homeless children;
``(F) migrant children;
``(G) children without access to libraries;
``(H) institutionalized or incarcerated children;
and
``(I) children whose parents are institutionalized
or incarcerated;
``(4) provide that the contractor will provide such
technical assistance to subcontractors as may be necessary to
carry out the purpose of this section;
``(5) provide that the contractor will annually report to
the Secretary the number of, and describe, programs funded
under paragraph (3); and
``(6) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
``(c) Restriction on Payments.--The Secretary shall make no payment
of the Federal share of the cost of acquiring and distributing books
under any contract under this section unless the Secretary determines
that the contractor or subcontractor, as the case may be, has made
arrangements with book publishers or distributors to obtain books at
discounts at least as favorable as discounts that are customarily given
by such publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
``(d) Definition of `Federal Share'.--For the purpose of this
section, the term `Federal share' means, with respect to the cost to a
subcontractor of purchasing books to be paid under this section, 75
percent of such costs to the subcontractor, except that the Federal
share for programs serving children of migrant or seasonal farmworkers
shall be 100 percent of such costs to the subcontractor.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $25,000,000
for fiscal year 2001 and such sums as may be necessary for each of the
four succeeding fiscal years.
``Subpart 2--Local Partnerships for Books
``SEC. 10511. LOCAL PARTNERSHIPS FOR BOOKS.
``(a) Authorization.--The Secretary is authorized to enter into a
contract with a national organization (referred to in this section as
the `contractor') to support and promote programs that--
``(1) pay the Federal share of the cost of distributing at
no cost new books to disadvantaged children and families
primarily through tutoring, mentoring, and family literacy
programs; and
``(2) promote the growth and strengthening of local
partnerships with the goal of leveraging the Federal book
distribution efforts and building upon the work of community
programs to enhance reading motivation for at-risk children.
``(b) Requirements of Contract.--Any contract entered into under
subsection (a) shall--
``(1) provide that the contractor will provide technical
support and initial resources to local partnerships to support
efforts to provide new books to those tutoring, mentoring, and
family literacy programs reaching disadvantaged children;
``(2) provide that funds made available to subcontractors
will be used only to pay the Federal share of the cost of such
programs;
``(3) provide that the contractor, working in cooperation
with the local partnerships, will give priority to those
tutoring, mentoring, and family literacy programs that serve
children and families with special needs, predominantly those
children from economically disadvantaged families and those
children and families without access to libraries;
``(4) provide that the contractor will annually report to
the Secretary regarding the number of books distributed, the
number of local partnerships created and supported, the number
of community tutoring, mentoring, and family literacy programs
receiving books for children, and the number of children
provided with books; and
``(5) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of the program.
``(c) Restriction on Payments.--The Secretary shall require the
contractor to ensure that the discounts provided by publishers and
distributors for the new books purchased under this section is at least
as favorable as discounts that are customarily given by such publishers
or distributors for book purchases made under similar circumstances in
the absence of Federal assistance.
``(d) Definition of Federal Share.--For the purpose of this
section, the term `Federal share' means, with respect to the cost of
purchasing books under this section, 50 percent of the cost to the
contractor, except that the Federal share for programs serving children
of migrant or seasonal farmworkers shall be 100 percent of such costs
to the contractor.
``(e) Matching Requirement.--The contractor shall provide for
programs under this section, either directly or through private
contributions, in cash or in-kind, non-Federal matching funds equal to
not less than 50 percent of the amount provided to the contractor under
this section.
``(f) Authorization of Appropriation.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,000,000
for the fiscal year 2001 and such sums as may be necessary for each of
the 4 succeeding fiscal years.
``Subpart 3--Partnerships for Infants and Young Children
``SEC. 10521. PARTNERSHIPS FOR INFANTS AND YOUNG CHILDREN.
``(a) Programs Authorized.--The Secretary is authorized to enter
into a contract with a national organization (referred to in this
section as the `contractor') to support and promote programs that--
``(1) include the distribution of free books to children 5
years of age and younger, including providing guidance from
pediatric clinicians to parents and guardians with respect to
reading aloud with their young children; and
``(2) help build the reading readiness skills the children
need to learn to read once the children enter school.
``(b) Requirements of Contract.--Any contract entered into under
subsection (a) shall--
``(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations or with public agencies under which each
subcontractor will agree to establish, operate, and provide the
non-Federal share of the cost of reading motivation programs
that include the distribution of books by gift, to the extent
feasible, or loan to children from birth through 5 years of
age, including those children in family literacy programs;
``(2) provide that funds made available to subcontractors
will be used only to pay the Federal share of the cost of such
programs;
``(3) provide that in selecting subcontractors for initial
funding under this section, the contractor will give priority
to programs that will serve a substantial number or percentage
of children with special needs, such as--
``(A) low-income children, particularly low-income
children in high-poverty areas;
``(B) children with disabilities;
``(C) foster children;
``(D) homeless children;
``(E) migrant children;
``(F) children without access to libraries;
``(G) children without adequate medical insurance;
and
``(H) children enrolled in a State medicaid program
under title XIX of the Social Security Act;
``(4) provide that the contractor will provide such
technical assistance to subcontractors as may be necessary to
carry out this section;
``(5) provide that the contractor will annually report to
the Secretary on the effectiveness of the national program and
the effectiveness of the local programs funded under this
section, including a description of the national program and of
each of the local programs; and
``(6) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
``(c) Restriction on Payments.--The Secretary shall make no payment
of the Federal share of the cost of acquiring and distributing books
under any contract under this section unless the Secretary determines
that the contractor or subcontractor, as the case may be, has made
arrangements with book publishers or distributors to obtain books at
discounts at least as favorable as discounts that are customarily given
by such publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
``(d) Definition of Federal Share.--In this section with respect to
the cost to a subcontractor of purchasing books to be paid under this
section, the term `Federal share' means 50 percent of such costs to the
subcontractor, except that the Federal share for programs serving
children of migrant or seasonal farmworkers shall be 100 percent of
such costs to the subcontractor.
``(e) Matching Requirement.--The contractor shall provide for
programs under this section, either directly or through private
contributions, in cash or in-kind, non-Federal matching funds equal to
not less than 50 percent of the amount provided to the contractor under
this section.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,000,000
for fiscal year 2001 and such sums as may be necessary for each of the
4 succeeding fiscal years.
``Subpart 4--Evaluation
``SEC. 10531. EVALUATION.
``(a) In General.--The Secretary shall annually conduct an
evaluation of--
``(1) programs carried out under this part to assess the
effectiveness of such programs in meeting the purpose of this
part and the goals of each subpart; and
``(2) the effectiveness of local literacy programs
conducted under this part that link children with book
ownership and mentoring in literacy.
``(b) Authorization of Appropriations.--For purposes of carrying
out this section, there is authorized to be appropriated $500,000 for
fiscal year 2001, and such sums as may be necessary in each of the 4
succeeding fiscal years.''. | Extends the authorization of appropriations for the Inexpensive Book Distribution Program, under which the Secretary of Education contracts with Reading Is Fundamental (RIF).
Establishes and authorizes appropriations for the following new programs. Authorizes the Secretary to: (1) contract with a national organization to support programs that pay the Federal share of the cost of distributing books to disadvantaged children and families through tutoring, mentoring, and family education, and to promote local partnerships to leverage Federal book distribution efforts and build on community programs to enhance reading motivation for at- risk children (Local Partnerships for Books program); (2) contract with a national organization to support programs that distribute books to children five years of age and younger, provide guidance from pediatric clinicians to parents and guardians in reading aloud to children, and help build reading readiness skills (Partnerships for Infants and Young Children program); and (3) annually evaluate part E programs and local literacy programs conducted under part E that link children with book ownership and mentoring in literacy. | ABC Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural and Tribal Voter Rights Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Chief state election official.--The term ``chief State
election official'' means, with respect to a State, the
individual designated by the State under section 10 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to
be responsible for coordination of the State's responsibilities
under such Act.
(2) Commission.--The term ``Commission'' means the Election
Assistance Commission established under section 201 of the Help
America Vote Act of 2002 (42 U.S.C. 15321).
SEC. 3. PAYMENTS TO STATES FOR ACTIVITIES TO EXPAND EARLY VOTING
ACCESS, PROVIDE FOR EQUITABLE DISTRIBUTION OF EARLY
VOTING POLLING LOCATIONS, AND VOTER REGISTRATION REFORMS.
(a) In General.--The Commission shall make a requirements payment
each fiscal year in an amount determined under subsection (b) to each
State that the Commission determines meets the requirements described
in section 4(b).
(b) Amount of Payment.--
(1) In general.--Subject to subsection (c), the amount of a
payment made to a State for a fiscal year under this section
shall be equal to the product of--
(A) the total amount appropriated for payments for
the fiscal year pursuant to the authorization under
subsection (h) minus the total amount of all of the
minimum payment amounts determined under subsection
(c); and
(B) the State allocation percentage for the State
(as determined under paragraph (2)).
(2) State allocation percentage defined.--The ``State
allocation percentage'' for a State is the amount (expressed as
a percentage) equal to the quotient of--
(A) the voting age population of the State (as
reported in the most recent decennial census); and
(B) the total voting age population of all States
(as reported in the most recent decennial census).
(c) Guaranteed Minimum Payment Amount.--The amount of a payment
made to a State for a fiscal year under this section may not be less
than--
(1) in the case of any of the several States or the
District of Columbia, one-half of 1 percent of the total amount
appropriated for payments under the authorization under
subsection (h) for the fiscal year; or
(2) in the case of the Commonwealth of Puerto Rico, Guam,
American Samoa, or the United States Virgin Islands, one-tenth
of 1 percent of such total amount.
(d) State Receipt of Funds.--A State is eligible to receive a
payment under this section for a fiscal year if the chief executive
officer of the State, or designee, in consultation and coordination
with the chief State election official, has filed with the Commission a
statement certifying that the State is in compliance with the
requirements of section 4(b).
(e) Use of Payment.--
(1) In general.--A State shall use the funds provided under
a payment made under this section to carry out the requirements
of this Act, including the following:
(A) Training and hiring election officials, poll
workers, and election volunteers.
(B) Establishing early voting locations.
(C) Implementing the State plan described in
section 4(b).
(D) Acquiring, leasing, improving, modifying, or
replacing voting technology to implement the
requirements of this Act.
(E) Establishing online registration systems.
(F) Educating voters about voting opportunities,
voter registration, voting procedures, and voting
rights.
(2) Use for other purposes.--Subject to paragraph (3), a
State may use the funds provided under a payment made under
this section to improve the administration of elections for
Federal office if the chief State election official certifies
that the requirements of this Act have been met.
(3) Limitation.--A State may not use any portion of a
payment under this section--
(A) to pay costs associated with any litigation; or
(B) for the payment of any judgment.
(f) Eligibility.--A State is eligible to receive a payment under
this section notwithstanding that State legislation is required to
carry out an activity under this Act and the State legislation has not
been enacted at the time this Act takes effect.
(g) Deposit of Amounts in State Election Fund.--A State shall
deposit any funds provided under this section in the State election
fund described in section 254(b) of the Help America Vote Act of 2002
(42 U.S.C. 15404(b)).
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section such sums as may be necessary to provide
grants to States to carry out the requirements of this Act.
(2) Continuing availability of funds after appropriation.--
Any payment made to a State under this section shall be
available to the State without fiscal year limitation.
SEC. 4. EQUITABLE DISTRIBUTION OF EARLY VOTING POLLING LOCATIONS.
(a) Tribal Early Voting Locations.--A State or local election
official shall provide at least one early voting location on tribal
land when requested by the applicable Tribal government.
(b) State Early Voting Location Distribution Plan Development.--
(1) In general.--Each State shall, after reasonable notice
and public hearings, adopt and submit to the Commission, not
later than the date that is 2 years after the date of enactment
of this Act, a plan which provides for the equitable
distribution of early voting locations.
(2) State plan development.--The chief executive officer of
each State, or designee, in consultation and coordination with
the chief State election official, shall develop the State plan
through a committee of appropriate individuals, including the
local election officials of the two most populous jurisdictions
in the State, other local election officials in the State,
stakeholders, and other citizens, appointed for such purpose by
the chief State election official.
(3) State plan requirements.--A State plan shall ensure
that eligible voters have adequate access to early voting
locations, taking into consideration each of the following:
(A) Population density.
(B) Travel time to local election offices.
(C) Travel time to permanent or temporary early
voting locations.
(D) The potential use of alternate early voting
locations, including public buildings, city and county
government buildings, tribal government offices, public
libraries, fairgrounds, civic centers, courthouses,
senior centers, community centers, and private places
of business.
(E) The extent to which members of a class
protected by section 2(a) of the Voting Rights of Act
of 1965 (42 U.S.C. 1973(a)) have an equal opportunity
to participate in early voting and have an equal
opportunity to access early voting locations.
(F) The potential use of temporary early voting
locations, including mobile voting systems.
(4) Revision of state plan.--Each State plan shall provide
for revision of the plan from time to time as may be necessary
to take account of changes in voter populations.
(5) Publication by commission.--The Commission shall
publish in the Federal Register each State plan submitted to
the Commission under this subsection.
(6) Exemption for states that provide for equitable
distribution of early voting locations.--The requirements of
this subsection shall not apply to a State that, under State
law that is in effect continuously on and after June 1, 2016,
provides for the equitable distribution of early voting
locations in the State with respect to elections for Federal
office (as determined by the Commission).
SEC. 5. EXPANDING EARLY VOTING ACCESS.
(a) In General.--Each State shall make early voting available to
any eligible voter for at least ten days before an election for Federal
office. An eligible voter may cast their early voting ballots in person
at an early voting location during that 10-day period in the same
manner as any ballot would be cast in the precinct on election day.
(b) Effective Date.--Each State shall be required to comply with
the requirements of this section on and after the date that is one year
after the date of enactment of this Act.
SEC. 6. DESIGNATION OF CERTAIN FEDERAL FACILITIES AS VOTER REGISTRATION
AGENCIES.
(a) In General.--The Secretary of Veterans Affairs, the Secretary
of Health and Human Services, the Commissioner of the Social Security
Administration, the Postmaster General, the Secretary of Agriculture,
and the Secretary of the Interior shall permit a State to designate
facilities of the respective agencies located in the State as voter
registration agencies under section 7 of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-5).
(b) Activities.--A voter registration agency designated under
subsection (a) shall carry out the following activities:
(1) Offer with each application to the agency for service
or assistance, and with each recertification, renewal, or
change of address form relating to such service or assistance,
the mail voter registration application form described in
section 9 of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg-7(a)(2)) or the agency's own form if it is
equivalent to the form described in such section, unless the
applicant declines to register to vote or update their voter
registration in writing.
(2) Provide a form that includes the following:
(A) The question, ``If you are not registered to
vote where you live now, would you like to apply to
register to vote here today?''.
(B) If the agency provides public assistance, the
statement, ``Applying to register or declining to
register to vote will not affect the amount of
assistance that you will be provided by this agency.''.
(C) Boxes for the applicant to check to indicate
whether the applicant would like to register or update
their registration to vote, or decline to register or
update their registration to vote.
(3) Provide assistance to applicants in completing the
voter registration application forms, unless the applicant
refuses such assistance in writing.
(4) Accept completed voter registration application forms
for transmittal to the appropriate State or local election
official.
(c) Transmittal.--
(1) In general.--Subject to paragraph (2), a completed
voter registration application accepted at a voter registration
agency designated under subsection (a) shall be electronically
transmitted, in a format that can be translated and uploaded
into the Statewide voter database established pursuant to
section 303(a) of the Help America Vote Act of 2002 (42 U.S.C.
15483(a)), to the appropriate State or local election official
not later than 10 days after the date of acceptance.
(2) Exception.--If a voter registration application is
accepted within 5 days before the last day for registration to
vote in an election for Federal office, the application shall
be transmitted to the appropriate State or local election
official not later than 5 days after the date of acceptance.
(3) Updated registration.--If an application is an updated
voter registration, the voter registration agency shall label
the updated registration accordingly.
(d) Clarification Regarding Application.--The requirements of this
section shall only apply to a voter registration agency designated
under subsection (a). Nothing in this section shall affect the
application of section 7 of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg-5) to a voter registration agency not designated
under such subsection.
(e) Integration With State Electronic Voter Registration Systems.--
The Commission shall implement an online system that, to the extent
practicable--
(1) provides an electronic means for a voter registration
agency designated under subsection (a) to carry out the
requirements of this section;
(2) transmits a completed voter registration application to
the appropriate State or local election official; and
(3) in the case of an individual registering to vote in a
State that operates its own electronic voter registration
system, directs an applicant to that system.
SEC. 7. SAME DAY AND ELECTRONIC REGISTRATION.
(a) Same Day Registration.--Notwithstanding section 8(a)(1)(D) of
the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6), each
State shall permit any eligible individual on the day of an election
for Federal office and on any day when voting, including early voting,
is permitted for an election for Federal office--
(1) to register to vote in such election using a form that
meets the requirements under section 9(b) of the National Voter
Registration Act of 1993; and
(2) to cast a vote in such election.
(b) Electronic Registration.--
(1) In general.--Each State shall provide a secure online
interface available to the public on a public, government
website that allows any eligible individual to register to vote
or to update their voter registration with an online voter
registration application that meets the requirements of the
mail voter registration application form described in section 9
of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg-7(a)(2)). The online application shall be processed in
the same manner as a mail voter registration application form
is processed, subject to the requirements of section 303(b) of
the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), except
that the absence of a written signature shall not preclude the
registration of an eligible individual.
(2) Effective date.--Each State shall be required to comply
with the requirements of this subsection on and after the date
that is one year after the date of enactment of this Act.
(c) Eligible Individual.--For purposes of this section, the term
``eligible individual'' means, with respect to an election for Federal
office, an individual who is otherwise qualified to vote in that
election.
(d) Exception.--This section shall not apply to a State in which,
under a State law in effect continuously on and after the date of the
enactment of this section, there is no voter registration requirement
for individuals in the State with respect to elections for Federal
office.
SEC. 8. ENFORCEMENT.
(a) Attorney General.--The Attorney General may bring a civil
action in an appropriate district court for such declaratory or
injunctive relief as is necessary to carry out this Act.
(b) Private Right of Action.--
(1) Notice.--A person who is aggrieved by a violation of
this Act may provide written notice of the violation to the
chief State election official of the State involved.
(2) Civil action.--If the violation is not corrected within
90 days after receipt of a notice under paragraph (1), or
within 20 days after receipt of the notice if the violation
occurred within 120 days before the date of an election for
Federal office, the aggrieved person may bring a civil action
in an appropriate district court for declaratory or injunctive
relief with respect to the violation.
(3) Exception to notice if violation within 30 days of
election.--If the violation occurred within 30 days before the
date of an election for Federal office, the aggrieved person
need not provide notice to the chief State election official
under paragraph (1) before bringing a civil action under
paragraph (2).
(c) Relation to Other Laws.--
(1) In general.--The rights and remedies established by
this Act are in addition to all other rights and remedies
provided by law, and neither the rights and remedies
established by this section nor any other provision of this Act
shall supersede, restrict, or limit the application of the
Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(2) No authorization or requirement for conduct prohibited
by the voting rights act.--Nothing in this Act authorizes or
requires conduct that is prohibited by the Voting Rights Act of
1965 (42 U.S.C. 1973 et seq.). | Rural and Tribal Voter Rights Act - Directs the Election Assistance Commission to make a payment each fiscal year to each state which meets early voting location distribution plan development requirements for ensuring that eligible voters have adequate access to early voting locations. Requires a state or local election official to provide at least one one early voting location on tribal land when requested by the tribal government. Requires each state to, after reasonable notice and public hearings, adopt and submit to the Commission a plan which provides for the equitable distribution of early voting locations. Requires each state to make early voting available to any eligible voter for at least 10 days before an election for federal office. Directs the Secretary of Veterans Affairs, the Secretary of Health and Human Services (HHS), the Commissioner of the Social Security Administration, the Postmaster General, the Secretary of Agriculture, and the Secretary of the Interior to permit a state to designate facilities of the respective agencies located in the state as voter registration agencies. Requires each state to permit any eligible individual on the same day as a federal election and on any day when voting, including early voting, is permitted for a federal election to: (1) register to vote in the election, and (2) cast a vote in it. Requires each state to provide a secure online interface available to the public on a public, government website that allows any eligible individual to register electronically to vote or to update their voter registration. Authorizes the Attorney General to bring a civil action in an appropriate district court for declaratory or injunctive relief as necessary to carry out this Act. Allows any aggrieved person a private right of action, too. | Rural and Tribal Voter Rights Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smart Building Acceleration Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the building sector uses more than 40 percent of the
energy of the Nation;
(2) emerging building energy monitoring and control
technologies are enabling a transition of the building sector
to ``smart'' buildings that have dramatically reduced energy
use and improved quality of service to occupants;
(3) an analysis of select private-sector smart buildings by
the Department of Energy would document the costs and benefits
of those emerging technologies, promote their adoption, and
accelerate that transition;
(4) with over 400,000 buildings, the Federal Government is
the largest building owner in the United States; and
(5) the Federal Government can also accelerate the
transition to smart building technologies by demonstrating and
evaluating emerging smart building technologies using existing
programs and funding to showcase selected Federal smart
buildings.
SEC. 3. DEFINITIONS.
In this Act:
(1) Program.--The term ``program'' means the smart building
program established under section 5(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Smart building.--The term ``smart building'' means a
building with an energy system that--
(A) is flexible and automated;
(B) has extensive operational monitoring and
communication connectivity, allowing remote monitoring
and analysis of all building functions;
(C) is integrated with the overall building
operations for control of energy generation,
consumption, and storage; and
(D) communicates with utilities and other third
party commercial entities where appropriate.
SEC. 4. SURVEY OF PRIVATE SECTOR SMART BUILDINGS.
(a) Survey.--The Secretary shall conduct a survey of privately
owned smart buildings throughout the Nation, including commercial
buildings and buildings owned by nonprofit organizations and
institutions of higher education.
(b) Selection.--From among the smart buildings surveyed under
subsection (a), the Secretary shall select at least 1 building each
from an appropriate range of building sizes and types.
(c) Evaluation.--Using the guidelines of the Federal Energy
Management Program relating to whole-building evaluation, measurement,
and verification, the Secretary shall evaluate the costs and benefits
of the buildings selected under subsection (b), including an
identification of--
(1) which advanced building technologies--
(A) are most cost-effective; and
(B) show the most promise for--
(i) increasing building energy savings;
(ii) increasing service performance to
building occupants; and
(iii) reducing environmental impacts; and
(2) any other information the Secretary determines to be
appropriate.
SEC. 5. FEDERAL SMART BUILDING PROGRAM.
(a) Establishment.--The Secretary shall establish a program to
establish 1 or more smart buildings under the jurisdiction of several
key Federal agencies, including buildings that are owned by the Federal
Government but are commercially operated, to demonstrate the costs and
benefits of smart buildings.
(b) Federal Agency Described.--The key Federal agencies referred to
in subsection (a) shall include--
(1) the Department of Defense;
(2) the Department of Energy;
(3) the Department of Veterans Affairs; and
(4) the General Services Administration.
(c) Requirement.--In carrying out the program, the Secretary shall
leverage existing procurement mechanisms.
(d) Evaluation.--Using the guidelines of the Federal Energy
Management Program relating to whole-building evaluation, measurement,
and verification, the Secretary shall evaluate the costs and benefits
of the buildings selected under this section including an
identification of--
(1) which advanced building technologies--
(A) are most cost-effective; and
(B) show the most promise for--
(i) increasing building energy savings;
(ii) increasing service performance to
building occupants; and
(iii) reducing environmental impacts; and
(2) any other information the Secretary determines to be
appropriate.
SEC. 6. LEVERAGING EXISTING PROGRAMS.
(a) Better Building Challenge.--As part of the Better Building
Challenge of the Department of Energy, the Secretary shall develop a
smart building accelerator in consultation with major private sector
property owners to demonstrate innovative policies and approaches that
will accelerate the transition to smart buildings.
(b) Research and Development.--
(1) In general.--The Secretary shall conduct research and
development to address key barriers to the integration of
advanced building technologies and to accelerate the transition
to smart buildings.
(2) Inclusion.--The research and development conducted
under paragraph (1) shall include research and development on--
(A) physical components, such as sensors and
controls;
(B) reducing the cost of key components to
accelerate the adoption of smart building technologies;
(C) data management, including the capture and
analysis of data and the interoperability of the energy
systems;
(D) business models, including how business models
may limit the adoption of smart building technologies
and how to support transactive energy;
(E) characterization of buildings and components;
(F) consumer and utility protections;
(G) continuous management, including the challenges
of managing multiple energy systems and optimizing
systems for disparate stakeholders; and
(H) other areas of research and development, as
determined appropriate by the Secretary.
SEC. 7. REPORT.
Not later than 18 months after the date of enactment of this Act,
the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report on--
(1) the survey and evaluation of private sector smart
buildings carried out under section 4;
(2) the evaluation of Federal smart buildings carried out
under section 5; and
(3) any recommendations of the Secretary to further
accelerate the transition to smart buildings. | Smart Building Acceleration Act Directs the Department of Energy (DOE) to: (1) conduct a survey of privately owned smart buildings throughout the nation, select at least one building each from an appropriate range of building sizes and types, and evaluate the costs and benefits of such buildings using the guidelines of the Federal Energy Management Program relating to whole-building evaluation, measurement, and verification; and (2) establish a program to establish one or more smart buildings under the jurisdiction of the General Services Administration and the Departments of Defense, Energy, and Veterans Affairs to demonstrate and evaluate the costs and benefits of smart buildings. Requires such evaluations to include an identification of which advanced building technologies are most cost-effective and show the most promise for increasing building energy savings, increasing service performance to building occupants, and reducing environmental impacts. Defines a "smart building" to mean a building with an energy system that: is flexible and automated; has extensive operational monitoring and communication connectivity, allowing remote monitoring and analysis of all building functions; is integrated with the overall building operations for control of energy generation, consumption, and storage; and communicates with utilities and other third party commercial entities. Directs DOE: (1) as part of DOE's Better Building Challenge, to develop a smart building accelerator in consultation with major private sector property owners to demonstrate innovative policies and approaches that will accelerate the transition to smart buildings; and (2) to conduct research and development to address key barriers to the integration of advanced building technologies and to accelerate the transition to smart buildings. | Smart Building Acceleration Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rights of Intellectual Property
Owners Fairness Facilitation Act of 1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) United States industry loses billions of dollars each
year to countries that do not provide adequate protection of
intellectual property rights.
(2) According to the Department of Commerce, United States
companies lose approximately $50,000,000,000 annually as a
result of violations of intellectual property rights by foreign
countries.
(3) It is in the interest of the United States to leverage
its foreign policy to achieve certain trade policy objectives,
such as adequate, effective, and timely protection of
intellectual property rights.
(4) Several countries that qualify under the generalized
system of preferences provisions have been identified under
section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as
countries that do not provide adequate and effective protection
of patents, copyrights, and trademarks or deny fair and
equitable market access to United States persons that rely on
intellectual property rights protection.
(5) Several countries that receive United States foreign
assistance also have been identified under section 182 of the
Trade Act of 1974 as countries that do not provide adequate and
effective protection of patents, copyrights, and trademarks or
deny fair and equitable market access to United States persons
that rely on intellectual property rights protection.
SEC. 3. COUNTRIES INELIGIBLE FOR GSP TREATMENT.
(a) In General.--
(1) Implementation of agreement on trips.--Section 502(b)
of the Trade Act of 1974 (19 U.S.C. 2462(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(6),
(B) by striking the period at the end of paragraph
(7) and inserting ``; and'',
(C) by inserting immediately after paragraph (7)
the following new paragraph:
``(8) if such country is not implementing parts I, II, and
III of the Agreement on TRIPS--
``(A) beginning on the date that is 1 year (2 years
in the case of a country with respect to which the
President has made a qualified certification) after the
date the Agreement enters into force and effect, or
``(B) beginning on the date that is 5 years after
the date the Agreement enters into force and effect in
the case of a least-developed beneficiary developing
country.'',
(D) in the last sentence, by striking ``(4), (6),
(7), and (8)'' and inserting ``(4), (5), (6), (7), and
(8)'', and
(E) by adding at the end the following new
sentence: ``For purposes of paragraph (8)(A), a
`qualified certification' means a certification by the
President to the Congress that is made within 1 year
after the date the Agreement on TRIPS enters into force
and effect and that states that a country is making
overall significant progress in implementing parts I,
II, and III of the Agreement.''.
(2) Conforming amendment.--Section 502(a) of such Act (19
U.S.C. 2462(a)) is amended by adding at the end the following
new paragraph:
``(5) For purposes of this title--
``(A) the term `Agreement on TRIPS' means the
Agreement on Trade-Related Aspects of Intellectual
Property Rights entered into as part of the Uruguay
Round Agreements, and
``(B) the term `Uruguay Round Agreements' means the
trade agreements resulting from the Uruguay Round of
multilateral trade negotiations under the auspices of
the General Agreement on Tariffs and Trade.''.
(b) Designation as Eligible GSP Country.--Section 502 of such Act
(19 U.S.C. 2462) is amended by adding at the end the following new
subsection:
``(f) Designation Where Country Adheres to the Agreement on TRIPS;
Annual Reports.--
``(1) Designation as beneficiary developing country.--A
country--
``(A) which has been denied designation as a
beneficiary developing country on the basis of
subsection (b)(8), or
``(B) with respect to which such designation has
been withdrawn or suspended based on subsection (b)(8),
may be designated as a beneficiary developing country under
this title, if the President determines that the country is
fully implementing parts I, II, and III of the Agreement on
TRIPS and reports the determination to the Congress.
``(2) Annual report.--Not later than the date that is 1
year after the date the Agreement on TRIPS enters into force
and effect, and annually thereafter, the President shall
determine whether each country designated as a beneficiary
developing country under this title is fully implementing parts
I, II, and III of the Agreement and shall report such findings
to the Congress.''.
SEC. 4. COORDINATION OF TRADE POLICY AND FOREIGN POLICY.
(a) Other Efforts To Improve Protection of Intellectual Property
Rights.--The United States Trade Representative shall notify the
Secretary of State, the Secretary of Commerce, and the Administrator of
the Agency for International Development on a regular basis of any
country which is not fully implementing parts I, II, and III of the
Agreement on TRIPS.
(b) Encouraging Implementation of Agreement on TRIPS.--The
Secretary of State, the Secretary of Commerce, and the Administrator of
the Agency for International Development shall cooperate with the
United States Trade Representative by encouraging any country that
receives foreign assistance and is not fully implementing the Agreement
on TRIPS to enact and enforce laws that will enable the country to
implement the Agreement on TRIPS. To further this objective, the
Secretary of State shall instruct the head of each United States
diplomatic mission abroad to include intellectual property rights
protection as a priority objective of the mission.
(c) Other Actions To Encourage Protection of Intellectual Property
Rights.--Notwithstanding any other provision of law, the President is
authorized to undertake the following actions, where appropriate, with
respect to a developing country to encourage and help the country
improve the protection of intellectual property rights:
(1) Provide Overseas Private Investment Corporation
insurance for intellectual property assets.
(2) Require foreign assistance programs to provide support
for the development of national intellectual property laws and
regulations and for the development of the infrastructure
necessary to protect intellectual property rights.
(3) Establish technical cooperation committees on
intellectual property standards within regional organizations.
(4) Establish, as a joint effort between the United States
Government and the private sector, a council to facilitate and
provide intellectual property-related technical assistance
through the Agency for International Development and the
Department of Commerce.
(5) Require United States representatives to multilateral
lending institutions to seek the establishment of programs
within the institutions to support strong intellectual property
rights protection in recipient countries that have fully
implemented parts I, II, and III of the Agreement on TRIPS.
(d) Definitions.--For purposes of this section:
(1) Agreement on trips.--The term ``Agreement on TRIPS''
means the Agreement on Trade-Related Aspects of Intellectual
Property Rights entered into as part of the trade agreements
resulting from the Uruguay Round of multilateral trade
negotiations under the auspices of the General Agreement on
Tariffs and Trade.
(2) Developing country.--The term ``developing country''
means any country which is--
(A) eligible to be designated a beneficiary
developing country pursuant to title V of the Trade Act
of 1974 (19 U.S.C. 2461 et seq.), or
(B) designated as a least-developed beneficiary
developing country pursuant to section 504(c)(6) of
such Act (19 U.S.C. 2464(c)(6)). | Rights of Intellectual Property Owners Fairness Facilitation Act of 1994 - Amends the Trade Act of 1974 to prohibit the President from designating a country a beneficiary developing country eligible for trade benefits under the generalized system of preferences if such country is not implementing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) within a specified time. Authorizes a country that has been denied such designation to be so designated if the President determines that the country is fully implementing TRIPS.
Directs the United States Trade Representative to notify the Secretary of State, the Secretary of Commerce, and the Administrator of the Agency for International Development of any country which is not implementing TRIPS. Sets forth specified actions to be taken to encourage countries to implement TRIPS. | Rights of Intellectual Property Owners Fairness Facilitation Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Buy American Act''.
SEC. 2. GRANTS TO DOMESTIC MANUFACTURERS.
(a) Program Authorized.--The Secretary of Commerce is authorized to
establish and carry out a program to award grants to eligible entities
in accordance with this section.
(b) Eligibility Requirements.--The Secretary of Commerce shall
establish eligibility requirements for purposes of the grants under
this section in order to provide assistance to any entity that--
(1) is a manufacturer in the United States;
(2) is a firm certified as eligible to apply for adjustment
assistance under section 251(c) of the Trade Act of 1974 (19
U.S.C. 2341(c)); and
(3) meets one of the following criteria:
(A) The entity mines, produces, or manufactures a
nonavailable item.
(B) The entity is the last remaining manufacturer
of an item in the United States, as determined by the
Secretary of Commerce, and can prove hardship because
of foreign competition.
(C) The entity is the last remaining manufacturer
of an item in the United States and that item is
considered to be vital for national security purposes
by the Department of Defense or another department or
agency of the United States.
(c) Amount of Grant.--The amount of any grant under this section
may not exceed $5,000,000 per entity.
(d) Use of Funds.--
(1) In general.--Each eligible entity receiving a grant
under this section shall use the grant funds for any of the
following purposes:
(A) Increasing its ability to compete for a
Government contract for a nonavailable item.
(B) Increasing its ability to produce a
nonavailable item.
(C) Increasing its capacity to produce items that
are vital to national security.
(D) Increasing its capacity to create additional or
retain existing jobs.
(E) Modernizing or renovating existing
manufacturing facilities using domestically made
equipment.
(F) Covering costs associated with obtaining access
to adjustment assistance under chapter 3 of title II of
the Trade Act of 1974 (19 U.S.C. 2341 et seq.).
(2) Limitation.--No funds in a grant awarded under this
section may be used for profits of an eligible entity.
(e) Application Requirements.--To receive a grant under this
section, an eligible entity shall submit an application to the
Secretary of Commerce at such time, in such manner, and containing such
information as the Secretary may require. At a minimum, the application
shall include a statement regarding the number of direct full-time
domestic jobs expected to be created or retained as a result of the
grant, but such statement shall not be the sole factor used in
determining the award of the grant.
(f) Annual Evaluation of Grant Recipients by Department of
Commerce.--The Secretary of Commerce each year shall evaluate
recipients of grants under this section to determine the proper
allocation of grant funds.
(g) Definition of Nonavailable Item.--In this section, the term
``nonavailable item'' means an article, material, or supply--
(1) that has been determined by a Federal agency, pursuant
to the Buy American Act (41 U.S.C. 10a et seq.), to not be
mined, produced, or manufactured in the United States in
sufficient and reasonably available commercial quantities of a
satisfactory quality;
(2) that has been subject to a waiver under section 1605 of
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5; 123 Stat. 303); or
(3) that is listed on the list of nonavailable articles
under subpart 25.104 of the Federal Acquisition Regulation.
SEC. 3. REQUIREMENTS RELATING TO CERTAIN WAIVERS OF BUY AMERICAN ACT.
(a) Special Rules Relating to Certain Waivers.--Section 2 of the
Buy American Act (41 U.S.C. 10a) is amended by adding at the end the
following new subsection:
``(c) Special Rules.--The following rules apply in carrying out the
provisions of subsection (a):
``(1) Use outside the united states.--
``(A) In general.--Subsection (a) shall apply
without regard to whether the articles, materials, or
supplies to be acquired are for use outside the United
States if the articles, materials, or supplies are not
needed on an urgent basis or if they are acquired on a
regular basis.
``(B) Cost analysis.--In any case in which the
articles, materials, or supplies are to be acquired for
use outside the United States and are not needed on an
urgent basis, before entering into a contract an
analysis shall be made of the difference in the cost of
acquiring the articles, materials, or supplies from a
company manufacturing the articles, materials, or
supplies in the United States (including the cost of
shipping) and the cost of acquiring the articles,
materials, or supplies from a company manufacturing the
articles, materials, or supplies outside the United
States (including the cost of shipping).
``(2) Effect on domestic employment.--In determining
whether a public interest waiver, or waiver for use outside the
United States, shall be granted under subsection (a), the head
of a Federal agency shall--
``(A) consider the short-term and long-term effects
of granting such a waiver on employment within the
United States, taking into account information provided
by entities that manufacture the articles, materials,
or supplies concerned in the United States; and
``(B) determine that preserving or increasing
employment within the United States is consistent with
the public interest.''.
(b) Definition.--Section 1 of the Buy American Act (41 U.S.C. 10c)
is amended by adding at the end the following new subsection:
``(c) Substantially All.--Articles, materials, or supplies shall be
treated as made substantially all from articles, materials, or supplies
mined, produced, or manufactured in the United States, if the cost of
the domestic components of such articles, materials, or supplies
exceeds 60 percent of the total cost of all components of such
articles, materials, or supplies.''.
SEC. 4. TRANSPARENCY REQUIREMENTS.
(a) Requirement for Agencies To Notify OMB.--Each agency that
applies an exception to the Buy American Act (41 U.S.C. 10a et seq.)
shall submit to the Director of the Office of Management and Budget a
notification of the application of the exception and a statement
describing the procurement and the exception being applied.
(b) Requirement for Director of OMB To Post on Web Site.--Within 7
days after receipt of any notification under subsection (a), the
Director of the Office of Management and Budget shall post the
notification on a central, publicly accessible Web site of the Office.
(c) Definition of Agency.--In this section, the term ``agency'' has
the meaning given under section 551 of title 5, United States Code.
SEC. 5. REQUIREMENT FOR ANNUAL REPORT BY COMPTROLLER GENERAL ON
EXCEPTIONS TO BUY AMERICAN ACT AND OTHER DOMESTIC SOURCE
REQUIREMENTS.
(a) Report Requirement.--
(1) In general.--Not later than 60 days after the end of a
fiscal year, the Comptroller General of the United States shall
submit to Congress a report on the amount of the acquisitions
made by each agency in that fiscal year of articles, materials,
or supplies purchased from entities that manufacture the
articles, materials, or supplies outside of the United States.
(2) Contents of report.--The report required by paragraph
(1) shall separately include, for the fiscal year covered by
such report--
(A) the dollar value of any articles, materials, or
supplies that were manufactured outside the United
States;
(B) an itemized list of all waivers granted with
respect to such articles, materials, or supplies under
the Buy American Act (41 U.S.C. 10a et seq.), section
1605(a) of the American Recovery and Reinvestment Act
of 2009 (123 Stat. 303), or any other law that requires
procurement of goods or services from a domestic
source, and a citation to the treaty, international
agreement, or other law under which each waiver was
granted;
(C) if any articles, materials, or supplies were
acquired from entities that manufacture articles,
materials, or supplies outside the United States, the
specific exception under section 2 of the Buy American
Act (41 U.S.C. 10a), section 1605(a) of the American
Recovery and Reinvestment Act of 2009 (123 Stat. 303),
or any other law that requires procurement of goods or
services from a domestic source, that was used to
purchase such articles, materials, or supplies; and
(D) a summary of--
(i) the total procurement funds expended on
articles, materials, and supplies manufactured
inside the United States; and
(ii) the total procurement funds expended
on articles, materials, and supplies
manufactured outside the United States.
(b) Public Availability.--The Comptroller General shall make the
report publicly available to the maximum extent practicable.
(c) Exception for Intelligence Community.--The report required
under this section shall not cover acquisitions made by an agency, or
component thereof, that is an element of the intelligence community as
specified in, or designated under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)).
(d) Definition of Agency.--In this section, the term ``agency'' has
the meaning given under section 551 of title 5, United States Code. | 21st Century Buy American Act - Authorizes the Secretary of Commerce to establish and carry out a program to award grants to any entity that is a manufacturer in the United States, is a firm certified as eligible to apply for adjustment assistance under the Trade Act of 1974, and is an entity that either: (1) mines, produces, or manufactures a nonavailable item; (2) is the last remaining manufacturer of an item in the United States and can prove hardship because of foreign competition; or (3) is the last remaining manufacturer of an item in the United States that is considered to be vital for national security purposes. Permits a recipient to use such a grant to: (1) increase its ability to compete for a government contract for, and to produce, a nonavailable item; (2) increase its capacity to produce items that are vital to national security and to create or retain jobs; (3) modernize or renovate manufacturing facilities using domestically made equipment; and (4) cover costs associated with obtaining access to adjustment assistance.
Defines a "nonavailable item" as an article that: (1) a federal agency has determined is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; (2) has been subject to a waiver of buy American provisions under the American Recovery and Reinvestment Act of 2009; or (3) is on the list of nonavailable articles under the Federal Acquisition Regulation.
Amends the Buy America Act to: (1) make buy American requirements for articles for public use applicable without regard to whether the articles are for use outside the United States, if they are not needed on an urgent basis or are acquired on a regular basis; (2) require an analysis of the difference in the cost of such articles manufactured inside compared to outside the United States before a contract for such articles is entered; and (3) require an agency, before granting a public interest waiver or a waiver for use outside the United States, to consider the effect on domestic employment.
Requires: (1) each agency that applies an exception to the Buy American Act to notify the Director of the Office of Management and Budget (OMB), who shall post the notification on a publicly accessible website; and (2) the Comptroller General to report to Congress on the amount of articles purchased by each agency each fiscal year from entities that manufacture them outside the United States. | To amend the Buy American Act with respect to certain waivers under that Act, to provide greater transparency regarding exceptions to domestic sourcing requirements, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Checkoff for Charity Act of 1999''.
TITLE I--CHECKOFF FOR CHARITY
SEC. 101. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR CHARITY.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR CHARITY
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--In the case of an individual, with respect to
each taxpayer's return for the taxable year of the tax imposed by
chapter 1, such taxpayer may designate that--
``(1) a specified portion (but not less than $1) of any
overpayment of tax for such taxable year, and
``(2) any cash contribution which the taxpayer includes
with such return,
shall be paid to an eligible organization, or for such use as is
otherwise provided, under title II of the Checkoff for Charity Act of
1999.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of the tax imposed by chapter 1 for such
taxable year. Such designation shall be made in such manner as the
Secretary prescribes by regulations except that such designation shall
be made either on the first page of the return or on the page bearing
the taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as being refunded to the taxpayer as of the last
date prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the date the
return is filed.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of such Code is amended by adding at the end thereof the
following new item:
``Part IX. Designation of overpayments
and contributions for
charity.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 102. CHECKOFF FOR CHARITIES TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end the following new section:
``SEC. 9511. CHECKOFF FOR CHARITIES TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Checkoff for
Charities Trust Fund', consisting of such amounts as may be
appropriated or credited to the Checkoff for Charities Trust Fund as
provided in this section or section 9602(b).
``(b) Transfer to Checkoff for Charities Trust Fund of Amounts
Designated.--There is hereby appropriated to the Checkoff for Charities
Trust Fund amounts equivalent to the amounts designated under section
6097 and received in the Treasury.
``(c) Expenditures From Trust Fund.--
``(1) In general.--The Secretary shall pay, not less often
than quarterly, to the Checkoff for Charities Commission from
the Checkoff for Charities Trust Fund an amount equal to the
amount in such Fund as of the time of such payment less any
administrative expenses of the Secretary which may be paid
under paragraph (2). Amounts paid under this subsection shall
be available only as provided in section 202 of the Checkoff
for Charity Act of 1998.
``(2) Administrative expenses.--Amounts in the Checkoff for
Charities Trust Fund shall be available to pay the
administrative expenses of the Secretary of the Treasury
directly allocable to--
``(A) modifying the individual income tax return
forms to carry out section 6097,
``(B) carrying out this chapter with respect to
such Fund, and
``(C) processing amounts received under section
6097 and transferring such amounts to such Fund.''.
(b) Clerical Amendment.--The table of sections for such subchapter
A is amended by adding at the end the following new item:
``Sec. 9511. Checkoff for Charities Trust
Fund.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
Act.
TITLE II--CHECKOFF FOR CHARITY COMMISSION
SEC. 201. ESTABLISHMENT.
There is established in the Department of Commerce a commission to
be known as the ``Checkoff for Charity Commission'' (hereafter in this
title referred to as the ``Commission'').
SEC. 202. DUTIES.
(a) In General.--The Commission, in consultation with the Secretary
of the Treasury, shall make arrangements for voluntary charitable,
health, and welfare agencies that provide or support direct health and
welfare services to individuals or their families to solicit
contributions through designations made on returns of individual income
tax. Such arrangements shall--
(1) to the extent practicable, be similar to arrangements
made by the Office of Personnel Management with respect to the
annual Combined Federal Campaign; and
(2) be limited to the types of organizations specified in
Executive Order 12353 (March 23, 1982), as amended by Executive
Order 12404 (February 10, 1983).
(b) Amounts Designated for Specific Organizations.--The Commission
shall ensure that amounts designated on a return of tax for a specific
organization are paid to that organization not later than 90 days after
the date on which the Commission receives such designation.
(c) Amounts Not Designated for Specific Organizations.--
(1) In general.--In the case of amounts designated as a
contribution on a return of tax but not designated for a
specific organization the Commission--
(A) may retain and use not more than one percent of
such amounts to carry out this Act, and
(B) from the excess of the aggregate of such
amounts for a year over the amount retained under
paragraph (1), shall determine which of the
organizations eligible to receive designations for a
year under subsection (a) will receive all or a portion
of such contribution.
(2) Criteria for selecting organizations.--In carrying out
paragraph (1)(B), the Commission shall use the criteria set
forth in Executive Order 12353 (March 23, 1982), as amended by
Executive Order 12404 (February 10, 1983).
SEC. 203. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 15
members appointed by the President from individuals who are not
officers or employees of any organization that receives funding
pursuant to this Act. Members on the Commission shall be broadly
representative of the ethnic, religious, majority, and minority groups
comprising the United States.
(b) Waiver of Limitation on Executive Schedule Positions.--
Appointments may be made under this section without regard to section
5311(b) of title 5, United States Code.
(c) Political Affiliation.--Not more than 8 members appointed may
be of the same political party.
(d) Terms.--
(1) In general.--Each member shall be appointed for a term
of six years, except as provided in paragraphs (2) and (3).
(2) Terms of initial appointees.--As designated by the
President at the time of appointment, of the members first
appointed--
(A) five shall be appointed for terms of two years;
(B) five shall be appointed for terms of four
years; and
(C) five shall be appointed for terms of six years.
(3) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office.
(e) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
members shall serve without pay.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Commission.
(f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(g) Quorum.--Eight members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(h) Chairman; Vice Chairman.--The Chairman and Vice Chairman of the
Commission shall be designated by the President at the time of the
appointment. The term of office of the Chairman shall be three years.
(i) Meetings.--The Commission shall meet at the call of the
Chairman or a majority of its members.
SEC. 204. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall, without regard to section
5311(b) of title 5, United States Code, have a Director who shall be
appointed by Commission. The Director shall be paid at a rate not to
exceed the rate of basic pay payable for level V of the Executive
Schedule.
(b) Staff.--Subject to rules prescribed by the Commission, and
without regard to section 5311(b) of title 5, United States Code, the
Director may appoint additional personnel as the Director considers
appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission shall be appointed subject to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and shall be paid in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(d) Experts and Consultants.--Subject to rules prescribed by the
Commission, the Director may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not to exceed the daily equivalent of the rate of
basic pay payable for level V of the Executive Schedule.
(e) Staff of Federal Agencies.--Upon request of the Director, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 205. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairman or Vice Chairman of the Commission, the head of that
department or agency shall furnish that information to the Commission.
(d) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Chairman.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(g) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
within the United States at any designated place of hearing
within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is be made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
(h) Immunity.--Except as provided in this subsection, a person may
not be excused from testifying or from producing evidence pursuant to a
subpoena on the ground that the testimony or evidence required by the
subpoena may tend to incriminate or subject that person to criminal
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any
transaction, matter, or thing about which that person is compelled to
testify or relating to which that person is compelled to produce
evidence, except that the person may be prosecuted for perjury
committed during the testimony or made in the evidence.
(i) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for property and
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 206. ANNUAL REPORTS.
The Commission shall transmit an annual report to the Secretary of
Commerce and the Congress not later than December 31 of each year. Each
such report shall contain a detailed statement of activities of the
Commission during the fiscal year ending in the year in which such
report is required to be submitted.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of the first two
fiscal years beginning after the date of the enactment of this Act such
sums as may be necessary for startup costs for the Commission to carry
out this Act. | Title II: Checkoff for Charity Commission
- Establishes in the Department of Commerce the Checkoff for Charity Commission which shall make arrangements for voluntary charitable, health, and welfare agencies that provide or support direct health and welfare services to individuals or their families to solicit contributions through designations made on individual tax returns. Requires annual reports from the Commission. Authorizes appropriations. | Checkoff for Charity Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Right-to-Know Act of
1997''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) promote the public right-to-know about the costs and
benefits of Federal regulatory programs and rules;
(2) promote Government accountability for the growth of
Federal regulatory programs and rules; and
(3) encourage open communication among Federal agencies,
the public, the President, and Congress regarding regulatory
priorities.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Agency.--The term ``agency'' means any executive
department, military department, Government corporation,
Government controlled corporation, or other establishment in
the executive branch of the Government (including the Executive
Office of the President), or any independent regulatory agency,
but shall not include--
(A) the General Accounting Office;
(B) the Federal Election Commission;
(C) the governments of the District of Columbia and
of the territories and possessions of the United
States, and their various subdivisions; or
(D) Government-owned contractor-operated
facilities, including laboratories engaged in national
defense research and production activities.
(2) Benefit.--The term ``benefit'' means the reasonably
identifiable significant favorable effects, including social,
environmental, and economic benefits, that are expected to
result directly or indirectly from implementation of a rule.
(3) Cost.--The term ``cost'' means the reasonably
identifiable significant adverse effects, including social,
environmental, and economic costs that are expected to result
directly or indirectly from implementation of, or compliance
with, a rule.
(4) Program element.--The term ``program element'' means a
rule or related set of rules.
(5) Rule.--The term ``rule'' has the same meaning given
such term in section 551(4) of title 5, United States Code,
except that such term shall not include--
(A) administrative actions governed by sections 556
and 557 of title 5, United States Code;
(B) rules issued with respect to a military or
foreign affairs function of the United States; or
(C) rules related to agency organization,
management, or personnel.
SEC. 4. ACCOUNTING STATEMENT.
(a) In General.--
(1) Administration.--The President, acting through the
Director of the Office of Management and Budget, shall be
responsible for implementing and administering the requirements
of this Act.
(2) Accounting statement.--No later than January 2000, and
each January every 2 years thereafter, the President shall
prepare and submit to Congress an accounting statement that
estimates the costs and corresponding benefits of Federal
regulatory programs and program elements in accordance with
this section.
(b) Years Covered by Accounting Statement.--Each accounting
statement (other than the initial accounting statement) submitted under
this Act shall cover, at a minimum, the costs and corresponding
benefits for the 5 fiscal years preceding October 1 of the year in
which the report is submitted. The statement shall also contain a
projection of the costs and corresponding benefits for the next 10
fiscal years, based on rules in effect or projected to take effect. The
statement may cover any fiscal year preceding such fiscal years for the
purpose of revising previous estimates.
(c) Timing and Procedures.--
(1) Notice and comment.--The President shall provide notice
and opportunity for comment for each accounting statement. The
President may delegate to an agency the requirement to provide
notice and opportunity to comment for the portion of the
accounting statement relating to that agency.
(2) Timing.--The President shall propose the first
accounting statement under this section no later than 1 year
after the date of enactment of this Act. Such statement shall
cover, at a minimum, each of the preceding fiscal years
beginning with fiscal year 1997.
(d) Contents of Accounting Statement.--
(1) Estimates of costs.--(A) An accounting statement shall
estimate the costs of Federal regulatory programs and program
elements by setting forth, for each year covered by the
statement--
(i) the annual expenditure of national economic
resources for each regulatory program and program
elements; and
(ii) such other quantitative and qualitative
measures of costs as the President considers
appropriate.
(B) For purposes of the estimate of costs in the accounting
statement, national economic resources shall include, and shall
be listed under, at least the following categories:
(i) Private sector costs.
(ii) Federal sector administrative costs.
(iii) Federal sector compliance costs.
(iv) State and local government administrative
costs.
(v) State and local government compliance costs.
(2) Estimates of benefits.--An accounting statement shall
estimate the corresponding benefits of Federal regulatory
programs and program elements by setting forth, for each year
covered by the statement, such quantitative and qualitative
measures of benefits as the President considers appropriate.
Any estimates of benefits concerning reduction in health,
safety, or environmental risks shall be based on sound and
objective scientific practices and shall present the most
plausible level of risk practical, along with a statement of
the reasonable degree of scientific certainty.
SEC. 5. ASSOCIATED REPORT TO CONGRESS.
(a) In General.--In each year following the year in which the
President submits an accounting statement under section 4, the
President, acting through the Director of the Office of Management and
Budget, shall, after notice and opportunity for comment, submit to
Congress a report associated with the accounting statement (hereinafter
referred to as an ``associated report''). The associated report shall
contain, in accordance with this section--
(1) analyses of impacts;
(2) identification and analysis of jurisdictional overlaps,
duplications, and potential inconsistencies among Federal
regulatory programs; and
(3) recommendations for reform.
(b) Analyses of Impacts.--The President shall include in the
associated report the following:
(1) Analyses.--Analyses prepared by the president of the
cumulative impact of Federal regulatory programs covered in the
accounting statement. Factors to be considered in such report
shall include impacts on the following:
(A) The ability of State and local governments to
provide essential services, including police, fire
protection, and education.
(B) Small business.
(C) Productivity.
(D) Wages.
(E) Economic growth.
(F) Technological innovation.
(G) Consumer prices for goods and services.
(H) Such other factors considered appropriate by
the President.
(2) Summary.--A summary of any independent analyses of
impacts prepared by persons commenting during the comment
period on the accounting statement.
(c) Recommendations for Reform.--The President shall include in the
associated report the following:
(1) Presidential recommendations.--A summary of
recommendations of the President for reform or elimination of
any Federal regulatory program or program element that does not
represent sound use of national economic resources or otherwise
is inefficient.
(2) Recommendations from commenters.--A summary of any
recommendations for such reform or elimination of Federal
regulatory programs or program elements prepared by persons
commenting during the comment period on the accounting
statement.
SEC. 6. GUIDANCE FROM OFFICE OF MANAGEMENT AND BUDGET.
The Director of the Office of Management and Budget shall, in
consultation with the Council of Economic Advisers, and after
independent and external peer review, provide guidance to agencies--
(1) to standardize measures of costs and benefits in
accounting statements prepared pursuant to this Act, including
guidance on estimating the costs and corresponding benefits of
regulatory programs and program elements; and
(2) to standardize the format of the accounting statements.
The Director shall review submissions from agencies to assure
consistency with the guidance under this section.
SEC. 7. RECOMMENDATIONS FROM CONGRESSIONAL BUDGET OFFICE.
After each accounting statement and associated report submitted to
Congress, the Director of the Congressional Budget Office shall make
recommendations to the President--
(1) for improving accounting statements prepared pursuant
to this Act, including recommendations on level of detail and
accuracy; and
(2) for improving associated reports prepared pursuant to
this Act, including recommendations on the quality of analysis. | Regulatory Right-to-Know Act of 1997 - Directs the President, no later than January 2000 and each January every two years thereafter, to submit to the Congress an accounting statement that estimates the costs and corresponding benefits of Federal regulatory programs and program elements. Provides for each accounting statement submitted to: (1) cover, at a minimum, the costs and corresponding benefits for the five fiscal years preceding October 1 of the year in which the report is submitted; and (2) also contain a projection of the costs and corresponding benefits for the next ten fiscal years. Directs the President to propose the first accounting statement no later than one year after the enactment of this Act. Provides for such statement to cover, at a minimum, each of the preceding fiscal years beginning with FY 1997.
Requires the President, acting through the Director of the Office of Management and Budget, in each year following the year in which the President submits an accounting statement and after notice and opportunity for comment, to submit to the Congress a report associated with the accounting statement containing: (1) analyses of impacts; (2) an analysis of jurisdictional overlaps, duplications, and potential inconsistencies among Federal regulatory programs; and (3) recommendations for reform.
Requires the Director to: (1) provide guidance to agencies to standardize measures of costs and benefits in accounting statements and the format of the accounting statements; and (2) review submissions from agencies to assure consistency with the guidance.
Directs the Director of the Congressional Budget Office, after each accounting statement and associated report is submitted to the Congress, to make recommendations to the President for improving accounting statements and associated reports. | Regulatory Right-to-Know Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ballast Water Management Act''.
SEC. 2. EVALUATION.
(a) Subsection 1102(a) of Public Law 101-646 (16 U.S.C. 4712(a)) is
amended by adding the following new paragraph at the end:
``(4) National ballast water management evaluation.--
``(A) Subject to the availability of
appropriations, the Task Force shall contract with the
Marine Board of the National Research Council to
identify and evaluate ballast water management
technologies and practices that prevent the
introduction and spread of nonindigenous species
through ballast water discharged into United States
waters.
``(B) In conducting the evaluation, the Marine
Board shall consider, at a minimum, ballast water
management technologies and practices identified in the
study prepared under paragraph (3).
``(C) In conducting the evaluation, the Marine
Board shall identify, at a minimum, ballast water
management technologies and practices that--
``(i) may be retrofitted on existing
vessels or incorporated in new vessel designs;
``(ii) are operationally practical;
``(iii) are safe for vessel and crew;
``(iv) are environmentally sound;
``(v) are cost effective;
``(vi) the vessel operator can monitor; and
``(vii) are effective against a broad range
of nuisance organisms.''.
(b) Subsection 1102(c) of Public Law 101-646 (16 U.S.C. 4712(c)) is
amended by adding the following new paragraph at the end:
``(3) National ballast water management evaluation
report.--Not later than 1 year after the date of enactment of
the Ballast Water Management Act, the Task Force shall submit
to the appropriate Committees a report on the results of the
evaluation conducted under paragraph (4) of subsection (a).''.
SEC. 3. NATIONAL BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.
(a) Section 1202 of Public Law 101-646 (16 U.S.C. 4722) is amended
by--
(1) redesignating subsection (k) as subsection (l); and
(2) inserting after subsection (j) the following:
``(k) National Ballast Water Management Demonstration Program.--
``(1) Authorization.--Following the submission of the
evaluation authorized under section 1102(a)(4) and subject to
the availability of appropriations under section 1301(e), the
Administrator of the Maritime Administration, in consultation
with the Task Force, shall conduct a national ballast water
management demonstration program to test and evaluate ballast
water management technologies and practices, including those
identified in the evaluation authorized under paragraph
1102(a)(4), to prevent the introduction and spread of
nonindigenous species through ballast water discharged into
United States waters.
``(2) Criteria.--In carrying out the demonstration program
authorized under this subsection, the Administrator of the
Maritime Administration shall use vessels that are documented
under chapter 121 of title 46, United States Code, including
vessels operating on the Great Lakes. Any necessary ballast
water management technology installation or construction on a
vessel used in the demonstration program shall be performed by
a United States shipyard or ship repair facility.
``(3) Authorities.--In conducting the demonstration program
under this subsection, the Task Force and the Administrator of
the Maritime Administration may accept donations of property
and services.''.
(b) Subsection 1202(l), as redesignated by this Act, is amended by
adding the following new paragraph at the end:
``(3) Not later than 1 year after the submission of the
evaluation authorized under section 1102(a)(4) and periodically
as necessary to report new findings, the Administrator of the
Maritime Administration, in consultation with the Task Force,
shall submit to the appropriate Committees a report on the
results of the demonstration program conducted under subsection
(k).''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 1301 of Public Law 101-646 (16 U.S.C. 4741) is amended by
adding the following new subsection at the end:
``(e) National Ballast Water Management Evaluation and
Demonstration Program.--There are authorized to be appropriated to the
Director and the Under Secretary $150,000 for fiscal year 1995 and to
the Administrator of the Maritime Administration $1,850,000 for fiscal
year 1996, to remain available until expended, to carry out the
evaluation authorized under section 1102(a)(4) and the demonstration
program authorized under section 1202(k).''.
Passed the House of Representatives March 21, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Ballast Water Management Act - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Aquatic Nuisance Species Task Force to contract with the Marine Board of the National Research Council to evaluate ballast water management technologies that prevent aquatic nonindigenous species from being introduced and spread through ballast water discharged into U.S. waters. Requires the Task Force to submit to appropriate congressional committees a report on the results of such evaluation.
Directs the Administrator of the Maritime Administration to conduct a national ballast water management demonstration program to evaluate ballast water management technologies that prevent aquatic nonindigenous species from being introduced and spread through ballast water discharged into U.S. waters.
Authorizes appropriations for FY 1995 and 1996. | Ballast Water Management Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Financial Choice and
Capital Markets Protection Act of 2015''.
SEC. 2. TREATMENT OF MONEY MARKET FUNDS UNDER THE INVESTMENT COMPANY
ACT OF 1940.
The Investment Company Act of 1940 (15 U.S.C. 80a et seq.) is
amended by adding at the end the following:
``SEC. 66. MONEY MARKET FUNDS.
``(a) Election To Be Treated as Money Market Fund.--Notwithstanding
any other provision of this title, any open-end investment company (or
a separate series thereof) may elect, in its registration statement
filed under section 8, to be a money market fund and may compute the
current price per share, for purposes of distribution or redemption and
repurchase, of any redeemable security issued by the company using the
amortized cost method of valuation, or the penny-rounding method of
pricing, regardless of whether its shareholders are limited to natural
persons, if--
``(1) the company or series has as its objective the
generation of income and preservation of capital through
investment in short-term, high-quality debt securities;
``(2) the company or series elects to maintain a stable net
asset value per share or stable price per share, by virtue of
the amortized cost valuation method, as that term is defined in
section 270.2a-7(a)(2) of title 17, Code of Federal
Regulations, as in effect on the date of enactment of this
section, and in accordance with the requirements specified with
respect to the use of the amortized cost valuation method as
set forth in that section, as in effect on the date of
enactment of this section, or the penny-rounding pricing
method, as that term is defined in section 270.2a-7(a)(21) of
title 17, Code of Federal Regulations, as in effect on the date
of enactment of this section, and in accordance with the
requirements specified with respect to the use of the penny-
rounding pricing method as set forth in that section, as in
effect on the date of enactment of this section, the board of
directors of the company has determined, in good faith, that--
``(A) it is in the best interests of the company or
series, and its shareholders, to do so; and
``(B) the money market fund will continue to use
such method or methods only as long as the board of
directors believes that the resulting share price
fairly reflects the market-based net asset value per
share of the company or series; and
``(3) the company or series agrees to comply with such
quality, maturity, diversification, and liquidity requirements,
including reasonable procedural and recordkeeping requirements
and provisions relating to liquidity fees and restrictions on
redemptions, as the Commission, by rule or regulation or order,
may prescribe or has prescribed as necessary or appropriate in
the public interest or for the protection of investors to the
extent that such requirements and provisions are not
inconsistent with this section.
``(b) Prohibition Against Federal Government Bailouts of Money
Market Funds.--
``(1) Definitions.--In this subsection--
``(A) the term `covered Federal assistance' means
Federal assistance used for the purpose of--
``(i) making any loan to, or purchasing any
stock, equity interest, or debt obligation of,
any money market fund;
``(ii) guaranteeing any loan or debt
issuance of any money market fund; or
``(iii) entering into any assistance
arrangement (including tax breaks), loss
sharing, or profit sharing with any money
market fund; and
``(B) the term `Federal assistance' means--
``(i) insurance or guarantees by the
Federal Deposit Insurance Corporation;
``(ii) transactions involving the Secretary
of the Treasury; or
``(iii) the use of any advances from any
Federal Reserve credit facility or discount
window that is not part of a program or
facility with broad-based eligibility
established in unusual or exigent
circumstances.
``(2) Prohibition.--Notwithstanding any other provision of
law (including regulations), covered Federal assistance may not
be provided directly to any money market fund.
``(c) Disclosure of the Prohibition Against Federal Government
Bailouts of Money Market Funds.--No principal underwriter of a
redeemable security issued by a money market fund nor any dealer shall
offer or sell any such security to any person unless the prospectus of
the money market fund and any advertising or sales literature for such
fund prominently discloses the prohibition against direct covered
Federal assistance as described in subsection (b). The Commission may,
after consultation with and taking into account the views of the Board
of Governors of the Federal Reserve System, the Federal Deposit
Insurance Corporation, and the Department of the Treasury, adopt rules
and regulations, and issue orders consistent with the protection of
investors, prescribing the manner in which the disclosure under this
subsection shall be provided.
``(d) Continuing Obligation To Meet Requirements of This Title.--A
company that elects to be a money market fund in accordance with
subsection (a) or is otherwise a money market fund operating in
accordance with the rules and regulations of the Commission applicable
to money market funds shall remain subject to the provisions of this
title and the rules and regulations of the Commission thereunder that
would otherwise apply to a registered open-end company, as long as
those provisions do not conflict with the provisions of this
section.''. | Consumer Financial Choice and Capital Markets Protection Act of 2015 This bill amends the Investment Company Act of 1940 to authorize any open-end investment company to elect, in its registration statement, to be a money market fund and to compute the current price per share, for purposes of distribution or redemption and repurchase, of any redeemable security issued by the company using the amortized cost method of valuation or the penny-rounding method of pricing, regardless of whether its shareholders are limited to natural persons, if: the company's objective is the generation of income and preservation of capital through investment in short-term, high-quality debt securities; the company elects to maintain a stable net asset value per share or stable price per share, by virtue of such methods, and the board of directors of the company has determined in good faith that it is in the best interests of the company and its shareholders to do so and that the money market fund will continue to use such method(s) only as long as the board believes that the resulting share price fairly reflects the market-based net asset value per share of the company; and the company agrees to comply with such quality, maturity, diversification, and liquidity requirements as the Securities and Exchange Commission (SEC) prescribes as necessary or appropriate in the public interest or for the protection of investors, if consistent with this Act. The bill prohibits covered federal assistance from being provided directly to any money market fund. The bill defines: (1) "covered federal assistance " as federal assistance used for the purpose of making any loan to, or purchasing any stock, equity interest, or debt obligation of, any money market fund, guaranteeing any loan or debt issuance of any money market fund, or entering into any assistance arrangement, loss sharing, or profit sharing with any money market fund; and (2) "federal assistance" as insurance or guarantees by the Federal Deposit Insurance Corporation, transactions involving the Secretary of the Treasury, or the use of any advances from any Federal Reserve credit facility or discount window that is not part of a program or facility with broad-based eligibility established in unusual or exigent circumstances. No principal underwriter of a redeemable security issued by a money market fund nor any dealer shall offer or sell any such security to any person unless the prospectus of the money market fund and any advertising or sales literature for such fund prominently discloses such prohibition against direct covered federal assistance. A company that elects to be a money market fund shall remain subject to the provisions of this Act and SEC rules and regulations that would otherwise apply to a registered open-end company, if consistent with this Act. | Consumer Financial Choice and Capital Markets Protection Act of 2015 |
SECTION 1. NATIONAL GUARD OPERATION ABOUT FACE TO PROVIDE LIFE-SKILLS
FOR AT RISK YOUTH.
(a) Chapter 5 of title 32, United States Code, is amended by adding
at the end the following new section:
``Sec. 510. National Guard operation about face to provide life-skills
for at-risk youth
``(a) Program Authority and Purpose.--The Secretary of Defense,
through the Chief, National Guard Bureau, may use the National Guard to
conduct an at-risk youth life skills program to be known as `National
Guard Operation About Face', which shall be a community based outreach
program for at-risk youth, which shall include after-school and summer
classes to provide academic skills, computer literacy, employability
skills, life-coping skills, and communication skills supplemented with
work experience activities to create vibrant communities that foster
economic opportunity and encourage life-long learning.
``(b) Conduct of the Program.--(1) The Secretary of Defense shall
provide for the conduct of the National Guard Operation About Face in
such States as the Secretary considers to be appropriate.
``(2) The Secretary shall carry out the National Guard Operation
About Face using--
``(A) funds appropriated directly to the Secretary of
Defense for the program; and
``(B) nondefense funds made available or transferred to the
Secretary of Defense by other Federal agencies to support the
program.
``(3) For purposes of a transfer under paragraph (2)(B),
administration of the National Guard Operation About Face is a good or
service for which an agency agreement may be entered into under section
1535 of title 31, United States Code.
``(c) Program Agreements.--(1) To carry out the National Guard
Operation About Face in a State, the Secretary of Defense shall enter
into an agreement with the Governor of the State, or in the case of the
District of Columbia National Guard, with the commanding general of the
District of Columbia National, under which the Governor or the
commanding general will establish, organize, and administer the
National Guard Operation About Face in the State.
``(2) The agreement may provide for the Secretary to provide funds
to the State for civilian personnel costs attributable to the use of
civilian employees of the National Guard in the conduct of the National
Guard Operation About Face.
``(d) Persons Eligible To Participate in Program.--Any at risk
youth may participate in the National Guard Operation About Face. The
Secretary of Defense shall prescribe the standards and procedures for
selecting participants from among at risk youth.
``(e) Authorized Benefits for Participants.--To the extent provided
in an agreement entered into in accordance with subsection (c):
``(1) Any funds made available or transferred to the
Secretary of Defense by other Federal agencies under section
(b)(2)(B) of this section may be used to provide a stipend to
participants for the work experience portion of the National
Guard Operation About Face:
``(A) For the original purpose for which the funds
were appropriated and in accordance with the
regulations of the Federal agency from which the funds
were made available or transferred.
``(B) For the purpose for which defense funds are
appropriated and in accordance with the regulations
prescribed by the Secretary of Defense for the National
Guard Operation About Face.
``(C) In the case of a conflict between the
regulations described in paragraph (A) and (B), the
regulations of the Federal agency from which the funds
were made available or transferred shall apply.
``(2) A participant in the national Guard Operation About
Face may receive the following additional benefits in
connection with the program:
``(A) Light refreshments.
``(B) Transportation.
``(C) Supplies.
``(D) Services.
``(f) Program Personnel.--Personnel of the National Guard of a
State in which the National Guard Operation About Face is conducted may
serve on full-time National Guard duty for the purpose of providing
managerial, administrative, training, or supporting services for the
program.
``(g) Equipment and Facilities.--Equipment and facilities of the
National Guard, including military property of the United States issued
to the National Guard, may be used in carrying out the National Guard
Operation About Face.
``(h) Supplemental Resources.--To carry out the National Guard
Operation About Face in a State, the Governor of the State or, in the
case of the District of Columbia, the commanding general of the
District of Columbia National Guard, may supplement funds made
available under the program out of other resources (including gifts)
available to the Governor or the commanding general. The Governor or
the commanding Federal may accept, use, and dispose of gifts or
donations of money, other property or services for the National Guard
Operation About Face.
``(i) Definitions.--In this section:
``(1) The term `State' includes the Commonwealth of Puerto
Rico, the territories, and the District of Columbia.
``(2) The term `at-risk youth' has the same meaning given
that term in section 1432 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6472.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``510. National Guard operation about face to provide life-skills for
at-risk youth.''. | Authorizes the Secretary of Defense, through the Chief, National Guard Bureau, to use the National Guard to conduct an at-risk youth life skills program to be known as "National Guard Operation About Face." Requires such program to: (1) be a community-based outreach program for at-risk youth; and (2) include after-school and summer classes to provide academic skills, computer literacy, employability skills, life-coping skills, and communication skills supplemented with work experience activities. Requires agreements with State governors and the commanding general of the District of Columbia National Guard to carry out the program. Directs the Secretary to prescribe standards and procedures for selecting program participants from at risk youth. Authorizes the use of State National Guard personnel, equipment, and facilities, as well as State supplemental resources, in support of such program. | To amend title 32, United States Code, to establish a National Guard program to assist at-risk youth develop life skills. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ready to Learn Act''.
SEC. 2. EARLY CHILDHOOD DEVELOPMENT.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by adding at the end the following:
``TITLE X--SUPPORTING VOLUNTARY PREKINDERGARTEN
``SEC. 10001. SUPPORTING VOLUNTARY PREKINDERGARTEN GRANTS.
``(a) Program Authorized.--From amounts available under section
10003, the Secretary is authorized to award grants, on a competitive
basis, to eligible States to pay the Federal share of establishing and
administering full day voluntary prekindergarten programs for children
age 4 in the State, in order to promote school readiness for such
children.
``(b) Application.--
``(1) In general.--If a State desires a grant under this
title, the Governor of such State shall submit to the Secretary
an application at such time, in such manner, and containing a
plan that outlines how and when such State expects to provide
voluntary prekindergarten for every 4-year old in the State.
``(2) Subgrants to eligible entities.--
``(A) In general.--Except as provided in subsection
(c)(2), a State that receives a grant under this title
shall use the grant funds to award subgrants to
eligible entities to carry out the requirements of this
title.
``(B) Subgrants for community-based providers.--In
awarding subgrants under subparagraph (A), a State
shall use not less than 25 percent of the grant funds
provided to the State to award subgrants to eligible
entities that are community-based providers of
prekindergarten programs.
``(C) Eligible entities.--In this paragraph, the
term `eligible entity' includes schools, child care
entities, Head Start programs, or other community-based
providers of prekindergarten programs.
``(c) Use of Funds.--A State that receives a grant under this title
shall use--
``(1) not less than 85 percent of the funds provided under
such grant to carry out the activities described in paragraphs
(1) and (2) of subsection (d); and
``(2) not more than 15 percent of such funds at the State
level for quality investment described in subsection (d)(3).
``(d) Use of Funds.--
``(1) In general.--A State that receives a grant under this
title shall use grant funds to provide a high-quality
prekindergarten program that--
``(A) serves children age 4 in the State, serving
first children from low-income families with incomes
that are not more than 200 percent of the poverty line
and those who are limited English proficient;
``(B) not later than 2 years after the receipt of
the grant, ensures that each classroom is taught by a
teacher who has--
``(i) a baccalaureate degree or advanced
degree in early childhood education; or
``(ii) a baccalaureate degree and
specialized training in early childhood
development;
``(C) utilizes a developmentally, culturally, and
linguistically appropriate curriculum that is aligned
with the State early learning standards and valid and
reliable, multiple assessments for the purpose of
improving instruction; and
``(D) has a teacher-child ratio of not more than 1
to 10 and a group size of not more than 20.
``(2) Allowable uses of funds.--After a State has fulfilled
the requirements described in paragraph (1), such State may use
grant funds--
``(A) to serve younger children;
``(B) to increase salaries;
``(C) for additional comprehensive services as may
be needed; and
``(D) for the construction of new facilities, or
the renovation, repair, or alteration of existing
facilities, necessary to commence or continue such
prekindergarten.
``(3) Quality investment.--A State that receives a grant
under this title shall use grant funds--
``(A) to carry out other activities needed to
ensure the health and safety of children served under
this title;
``(B) for professional development for teachers and
staff of the prekindergarten program described in
paragraph (1); and
``(C) to provide comprehensive services.
``SEC. 10002. ADMINISTRATION.
``(a) Federal Share; Non-Federal Share.--
``(1) Federal share.--The Federal share of a grant under
this title shall be 50 percent of the costs of carrying out the
activities described in section 10001(d).
``(2) Non-federal share.--The non-Federal share of a grant
under this title shall be provided in cash.
``(b) Maintenance of Effort.--The Secretary may not award a grant
under this title to any State unless the Secretary first determines
that the per-child expenditure by the State and its political
subdivisions for prekindergarten programs (other than funds used to pay
the non-Federal share under this section) for the fiscal year for which
the determination is made is equal to or greater than such expenditure
for the preceding fiscal year.
``(c) Supplement Not Supplant.--Grant funds received under this
title shall be used to supplement and not supplant other Federal,
State, and local public funds expended to promote voluntary
prekindergarten programs in the State.
``(d) Provision of Grant Funds.--In awarding a grant under this
title to a State, the Secretary shall provide the grant funds to the
Governor of the State, to enable the Governor to designate a lead
agency to best direct the funds in a manner that improves the State's
programs by carrying out the requirements of this title.
``(e) Coordination.--In carrying out this title, the Secretary
shall coordinate, not less often than quarterly, with the Secretary of
Health and Human Services regarding the review of State plans as
described in section 10001(b) and the implementation of the
prekindergarten programs under this title.
``(f) Reporting Requirements.--
``(1) State reports.--Each State that receives a grant
under this title shall submit to the Secretary an annual report
detailing the effectiveness of each prekindergarten program in
that State funded under this title.
``(2) Report to congress.--The Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and Labor of the House of
Representatives an annual report that describes each State
program of assistance for prekindergarten programs funded under
this title.
``(3) Contents of reports.--A report submitted under
paragraph (1) or (2) shall include--
``(A) a description of each action taken to move
toward providing a high-quality prekindergarten
education to all 4-year olds;
``(B) a summary of each measure that will be taken
to achieve the goal of providing full day high-quality
prekindergarten to all 4-year olds, including a
timetable according to which such measures will be
implemented;
``(C) a description of all efforts to improve the
integration of full day high-quality prekindergarten
programs with the kindergarten through grade 12
education system; and
``(D) a description of all efforts to educate
parents about best practices for the role of parents in
the early education of a child.
``SEC. 10003. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
such sums as may be necessary for each of the fiscal years 2010 through
2015.''. | Ready to Learn Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award competitive matching grants to states and, through them, subgrants to schools, child care entities, Head Start programs, or other community-based prekindergarten providers for full day voluntary prekindergarten programs that prepare four-year olds for school.
Requires that such programs: (1) first serve children whose family income is no higher than 200% of the poverty level or who are limited English proficient; (2) ensure that, within two years of grant receipt, each classroom is taught by a teacher who has at least a baccalaureate degree in early childhood education or such a degree and specialized training in early childhood development; (3) use curricula that are aligned with state early learning standards; and (4) have teacher-child ratios of no more than 1 to 10 and group sizes of no more than 20. | A bill to set the United States on track to ensure children are ready to learn when they begin kindergarten. |
SECTION 1. REAUTHORIZATION AND ENHANCEMENT OF JOHANNA'S LAW.
(a) In General.--Section 317P(d)(4) of the Public Health Service
Act (42 U.S.C. 247b-17(d)(4)) is amended by inserting after ``2009''
the following: ``, $16,500,000 for the period of fiscal years 2010
through 2012, and such sums as are necessary for each subsequent fiscal
year''.
(b) Collaboration With Nonprofit Gynecologic Cancer
Organizations.--Section 317P(d) of such Act (42 U.S.C. 247b-17(d)) is
amended by adding at the end the following new paragraph:
``(5) Collaboration with nonprofit gynecologic cancer
organizations.--In carrying out the national campaign under
this subsection, the Secretary shall collaborate with the
leading nonprofit gynecologic cancer organizations, with a
mission both to conquer ovarian cancer nationwide and to
provide outreach to State and local governments and
communities, for the purpose of determining the best practices
for providing gynecologic cancer information and outreach
services to varied populations.''.
SEC. 2. DEMONSTRATION PROJECTS REGARDING OUTREACH AND EDUCATION
STRATEGIES RELATING TO GYNECOLOGIC CANCER.
(a) In General.--Section 317P of the Public Health Service Act (42
U.S.C. 247b-17) is amended by adding at the end the following new
subsection:
``(e) Demonstration Projects Regarding Outreach and Education
Strategies.--
``(1) In general.--The Secretary shall carry out a program
to make grants to nonprofit private entities for the purpose of
carrying out demonstration projects to test different outreach
and education strategies to increase the awareness and
knowledge of women and health care providers with respect to
gynecologic cancers, including early warning signs, risk
factors, prevention, screening, and treatment options. Such
strategies shall include strategies directed at women and their
families, physicians, nurses, and key health professionals.
``(2) Preferences in making grants.--In making grants under
paragraph (1), the Secretary shall give preference to--
``(A) applicants with demonstrated expertise in
gynecologic cancer education or treatment or in working
with groups of women who are at especially high risk of
gynecologic cancers; and
``(B) applicants that, in the demonstration project
funded by the grant, will establish linkages between
physicians, nurses, and key health professionals,
hospitals, payers, and State health departments.
``(3) Application for grant.--A grant may be made under
paragraph (1) only if an application for the grant is submitted
to the Secretary and the application is in such form, is made
in such manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to
carry out this subsection.
``(4) Certain requirements.--In making grants under
paragraph (1)--
``(A) the Secretary shall make grants to not fewer
than five applicants, subject to the extent of amounts
made available in appropriations Acts; and
``(B) the Secretary shall ensure that information
provided through demonstration projects under such
grants is consistent with the best available medical
information.
``(5) Report to congress.--Not later than 6 months after
the date of the enactment of this subsection and annually
thereafter, the Secretary shall submit to the Congress a report
that--
``(A) summarizes the activities of demonstration
projects under paragraph (1);
``(B) evaluates the extent to which the projects
were effective in increasing early detection of
gynecologic cancers and awareness of risk factors and
early warning signs in the populations to which the
projects were directed; and
``(C) identifies barriers to early detection and
appropriate treatment of such cancers.
``(6) Authorization of appropriations.--
``(A) In general.--For purposes of carrying out
this subsection, there is authorized to be appropriated
in the aggregate $15,000,000 for the period of fiscal
years 2010 through 2012 and such sums as are necessary
for each subsequent fiscal year.
``(B) Administration, technical assistance, and
evaluation.--Of the amounts appropriated under
subparagraph (A), not more than 9 percent may be
expended for the purpose of administering this
subsection, providing technical assistance to grantees
under this subsection, and preparing the report under
paragraph (5).''.
(b) Conforming Amendment.--Subsection (d)(3)(A) of such section is
amended by inserting ``(other than subsections (e))'' after ``this
section''. | Amends the Public Health Service Act to extend through FY2012 the current authorization of appropriations for the national public awareness campaign for gynecologic cancers (Johanna's law). Authorizes appropriations in subsequent fiscal years at levels necessary to carry out such campaign.
Requires the Secretary of Health and Human Services (HHS) to: (1) collaborate with nonprofit gynecologic cancer organizations to determine the best practices for providing gynecologic cancer information and outreach services to varied populations; and (2) make grants to nonprofit private entities to carry out demonstration projects to test outreach and education strategies to increase the awareness and knowledge of women and health care providers regarding gynecologic cancers. | A bill to reauthorize and enhance Johanna's Law to increase public awareness and knowledge with respect to gynecologic cancers. |
SECTION 1. USE OF LAND; FEE AUTHORITY.
(a) Authority.--
(1) In general.--The Secretary of the Interior (referred to
in this Act as the ``Secretary'') may permit the use of land
and facilities in units administered by the Secretary for--
(A) motion picture production;
(B) television production;
(C) soundtrack production;
(D) the production of an advertisement using a prop
or a model; or
(E) any similar commercial project.
(2) Exception.--The Secretary shall not permit a use of
land or a facility described in paragraph (1) if the Secretary
determines that a proposed use--
(A) is not appropriate; or
(B) will impair the value or resources of the land
or facility.
(3) Bonding and insurance.--The Secretary may require a
bond, insurance, or such other means as is necessary to protect
the interests of the United States in connection with an
activity conducted under a permit issued under this Act.
(b) Fees.--
(1) In general.--For any use of land or a facility in a
unit described in subsection (a), the Secretary shall assess--
(A) a reimbursement fee; and
(B) a special use fee.
(2) Reimbursement fee.--
(A) In general.--The Secretary shall require the
payment of a reimbursement fee in an amount that is not
less than the amount of any direct and indirect costs
to the Government incurred--
(i) in processing the application for a
permit for a use of land or facilities; and
(ii) as a result of the use of land and
facilities under the permit, including any
necessary costs of cleanup and restoration.
(B) Funds collected.--An amount equal to the amount
of a reimbursement fee collected under this
subparagraph shall--
(i) be retained by the Secretary; and
(ii) be available for use by the Secretary,
without further Act of appropriation, in the
unit in which the reimbursement fee is
collected.
(3) Special use fee.--
(A) Factors in determining special use fee.--To
determine the amount of a special use fee, the
Secretary shall establish a schedule of rates
sufficient to provide a fair return to the Government,
based on factors such as--
(i) the number of people on site under a
permit;
(ii) the duration of activities under a
permit;
(iii) the conduct of activities under a
permit in any area designated by a statute or
regulation as a special use area, including a
wilderness or research natural area;
(iv) the amount of equipment on site under
a permit; and
(v) any disruption of normal park function
or accessibility, including temporary closure
of land or a facility to the public.
(B) Funds collected.--A special use fee under this
subparagraph shall be distributed as follows:
(i) 80 percent shall be deposited in a
special account in the Treasury, and shall be
available, without further Act of
appropriation, for use by the supervisors of
units where the fee was collected.
(ii) 20 percent shall be deposited in a
special account in the Treasury, and shall be
available, without further Act of
appropriation, for use by supervisors of units
in the region where the fee was collected.
(4) Exceptions.--
(A) Fee waiver or reduction.--The Secretary may
waive a special use fee or charge a reduced special use
fee if the activity for which the fee is charged
provides clear educational or interpretive benefits for
the Department of the Interior or the public.
(B) Regular visitor entrance fee.--Nothing in this
subsection affects the requirement that, in addition to
fees under subparagraph (A), each individual entering a
unit for purposes described in subsection (a) shall pay
any regular visitor entrance fee charged to visitors to
the unit.
(c) Regulations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate
regulations that establish a schedule of rates for fees
collected under subsection (b) based on factors listed in
subsection (b)(2)(C)(ii).
(2) Review of regulations.--
(A) Initial review.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall
review and, as appropriate, revise the regulations
promulgated under this subsection.
(B) Continuing review.--After the date of
promulgation of regulations under subparagraph (A), the
Secretary shall periodically review the regulations and
make necessary revisions.
(d) Applicability of Regulations.--
(1) Prohibition on certain fees.--The prohibition on fees
set forth in section 5.1(b)(1) of title 43, Code of Federal
Regulations, shall cease to apply beginning on the effective
date of regulations promulgated under this Act.
(2) Effect on other regulations.--Nothing in this Act,
other than paragraph (1), affects the regulations set forth in
part 5 of title 43, Code of Federal Regulations.
(e) Civil Penalty.--
(1) In general.--A person that violates any regulation
promulgated under this Act, or conducts or attempts to conduct
an activity under subsection (a)(1) without obtaining a permit
or paying a fee, shall be assessed a civil penalty--
(A) for the first violation, in the amount that is
equal to twice the amount of the fees charged (or fees
that would have been charged) under subsection (b)(2);
(B) for the second violation, in the amount that is
equal to 5 times the amount of the fees charged (or
fees that would have been charged) under subsection
(b)(2); and
(C) for the third and each subsequent violation, in
the amount that is equal to 10 times the amount of the
fees charged (or fees that would have been charged)
under subsection (b)(2).
(2) Costs.--A person that violates this Act or any
regulation promulgated under this Act shall be required to pay
all costs of any proceedings instituted to enforce this
subsection.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
Act and the regulations promulgated under this Act take effect
180 days after the date of enactment of this Act.
(2) Exception.--This subsection and the authority of the
Secretary to promulgate regulations under subsection (c) take
effect on the date of enactment of this Act. | Authorizes the Secretary of the Interior to permit the use of Department of the Interior lands for the production of motion pictures, television, soundtracks, advertisements, or any similar commercial project, except when such use is not appropriate or will impair the value or resources of the land or facility. Directs the Secretary to establish a schedule of, and assess, reimbursement fees and special use fees for such use which shall be allocated for units where the fees were collected and units in the same region. | A bill to provide for the collection of fees for the making of motion pictures, television productions, and sound tracks in units of the Department of the Interior, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Plan Colombia Trade Act''.
SEC. 2. TEMPORARY EXTENSION OF ADDITIONAL TRADE BENEFITS TO CERTAIN
ANDEAN COUNTRIES.
(a) In General.--Section 204(b) of the Andean Trade Preference Act
(19 U.S.C. 3203(b)) is amended to read as follows:
``(b) Exceptions to Duty-Free Treatment.--
``(1) In General.--Subject to paragraphs (2), the duty-free
treatment provided under this title shall not apply to--
``(A) textile and apparel articles which are subject
to textile agreements;
``(B) footwear not designated at the time of the
effective date of this Act as eligible for the purpose
of the generalized system of preferences under title V
of the Trade Act of 1974;
``(C) tuna, prepared or preserved in any manner, in
airtight containers;
``(D) petroleum, or any product derived from
petroleum, provided for in headings 2709 and 2710 of
the HTS;
``(E) watches and watch parts (including cases,
bracelets and straps), of whatever type including, but
not limited to, mechanical, quartz digital or quartz
analog, if such watches or watch parts contain any
material which is the product of any country with
respect to which HTS column 2 rates of duty apply;
``(F) articles to which reduced rates of duty apply
under subsection (c);
``(G) sugars, syrups, and molasses classified in
subheadings 1701.11.03, 1701.12.02, 1701.99.02,
1702.90.32, 1806.10.42, and 2106.90.12 of the HTS; or
``(H) rum and tafia classified in subheading
2208.40.00 of the HTS.
``(2) Transition period treatment of certain textile and
apparel articles.--
``(A) Articles covered.--During the transition
period, the preferential treatment described in
subparagraph (B) shall apply to the following articles:
``(i) Apparel articles assembled in one or
more beneficiary countries.--Apparel articles
assembled in one or more beneficiary countries
from fabrics wholly formed and cut in the
United States, from yarns wholly formed in the
United States, that are--
``(I) entered under subheading
9802.00.80 of the HTS; or
``(II) entered under chapter 61 or
62 of the HTS, if, after such assembly,
the articles would have qualified for
entry under subheading 9802.00.80 of
the HTS but for the fact that the
articles were embroidered or subjected
to stone-washing, enzyme-washing, acid
washing, perma-pressing, oven-baking,
bleaching, garment-dyeing, screen
printing, or other similar processes.
``(ii) Apparel articles cut and assembled
in one or more beneficiary countries.--Apparel
articles cut in one or more beneficiary
countries from fabric wholly formed in the
United States from yarns wholly formed in the
United States, if such articles are assembled
in one or more such countries with thread
formed in the United States.
``(iii) Special rules.--
``(I) Exception for findings and
trimmings.--(aa) An article otherwise
eligible for preferential treatment
under this paragraph shall not be
ineligible for such treatment because
the article contains findings or
trimmings of foreign origin, if such
findings and trimmings do not exceed 25
percent of the cost of the components
of the assembled product. Examples of
findings and trimmings are sewing
thread, hooks and eyes, snaps, buttons,
`bow buds', decorative lace, trim,
elastic strips, zippers, including
zipper tapes and labels, and other
similar products. Elastic strips are
considered findings or trimmings only
if they are each less than 1 inch in
width and are used in the production of
brassieres.
``(bb) In the case of an article
described in clause (ii) of this
subparagraph, sewing thread shall not
be treated as findings or trimmings
under this subclause.
``(II) Certain interlining.--(aa)
An article otherwise eligible for
preferential treatment under this
paragraph shall not be ineligible
for such treatment because the article contains certain interlinings of
foreign origin, if the value of such interlinings (and any findings and
trimmings) does not exceed 25 percent of the cost of the components of
the assembled article.
``(bb) Interlinings eligible for
the treatment described in division
(aa) include only a chest type plate,
`hymo' piece, or `sleeve header', of
woven or weft-inserted warp knit
construction and of coarse animal hair
or man-made filaments.
``(cc) The treatment described in
this subclause shall terminate if the
President makes a determination that
United States manufacturers are
producing such interlinings in the
United States in commercial quantities.
``(III) De minimis rule.--An
article that would otherwise be
ineligible for preferential treatment
under this paragraph because the
article contains fibers or yarns not
wholly formed in the United States or
in one or more beneficiary countries
shall not be ineligible for such
treatment if the total weight of all
such fibers or yarns is not more than 7
percent of the total weight of the
good. Notwithstanding the preceding
sentence, an apparel article containing
elastomeric yarns shall be eligible for
preferential treatment under this
paragraph only if such yarns are wholly
formed in the United States.
``(IV) Special origin rule.--An
article otherwise eligible for
preferential treatment under clause (i)
or (ii) of this subparagraph shall not
be ineligible for such treatment
because the article contains nylon
filament yarn (other than elastomeric
yarn) that is classifiable under
subheading 5402.10.30, 5402.10.60,
5402.31.30, 5402.31.60, 5402.32.30,
5402.32.60, 5402.41.10, 5402.41.90,
5402.51.00, or 5402.61.00 of the HTS
duty-free from a country that is a
party to an agreement with the United
States establishing a free trade area,
which entered into force before January
1, 1995.
``(iv) Special rule for fabrics not formed
from yarns.--
``(I) Application to clause (i).--
An article otherwise eligible for
preferential treatment under clause (i)
of this subparagraph shall not be
ineligible for such treatment because
the article is assembled in one or more
beneficiary countries from fabrics not
formed from yarns, if such fabrics are
classifiable under heading 5602 or 5603
of the HTS and are wholly formed and
cut in the United States.
``(II) Application to clause
(ii).--An article otherwise eligible
for preferential treatment under clause
(ii) of this subparagraph shall not be
ineligible for such treatment because
the article is assembled in one or more
beneficiary countries from fabrics not
formed from yarns, if such fabrics are
classifiable under heading 5602 or 5603
of the HTS and are wholly formed in the
United States.
``(B) Preferential treatment.--During the
transition period, the articles to which this paragraph
applies shall enter the United States free of duty and
free of any quantitative restrictions, limitations, or
consultation levels.
``(C) Transition period.--In this paragraph, the
term `transition period' means, with respect to a
beneficiary country, the period that begins on the date
of enactment of the Plan Colombia Trade Act or October
1, 2000, whichever is later, and ends on the date that
duty-free treatment ends under this title.''.
(b) Factors Affecting Designation.--
(1) In general.--Section 203(d) of the Andean Trade
Preference Act (19 U.S.C. 3202(d)) is amended--
(A) by striking ``and'' at the end of paragraph
(11);
(B) by striking the period at the end of paragraph
(12) and inserting ``; and''; and
(C) by adding at the end the following:
``(13) the extent to which such country adheres to
democratic principles and the rule of law.''.
(2) Effective date.--The amendments made by this subsection
take effect on the earlier of--
(A) October 1, 2000; or
(B) the date of enactment of the Plan Colombia
Trade Act. | Requires the President, in determining whether to designate a country a beneficiary country, to take into account, among other things, the extent to which such country adheres to democratic principles and the rule of law. | Plan Colombia Trade Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Finance Innovation
Demonstration Act of 2010''.
SEC. 2. VEHICLE MILEAGE TAX FOR MOBILE MOUNTED CONCRETE BOOM PUMPS.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986
(relating to certain other excise taxes) is amended by inserting after
subchapter D the following new subchapter:
``Subchapter E--Vehicle Mileage Tax
``Sec. 4491. Imposition of tax.
``Sec. 4492. Mobile mounted concrete boom pump vehicle defined.
``Sec. 4493. Method of collecting tax.
``SEC. 4491. IMPOSITION OF TAX.
``(a) Imposition of Tax.--There is hereby imposed on each mobile
mounted concrete boom pump vehicle a tax determined at the applicable
rate per mile for each mile traveled in the United States.
``(b) Applicable Rate.--For purposes of subsection (a), the
applicable rate shall be--
``(1) $0.05 per mile for a mobile mounted concrete boom
pump vehicle with a gross vehicle weight which does not exceed
60,000 pounds, and
``(2) $0.07 per mile for a mobile mounted concrete boom
pump vehicle with a gross vehicle weight which exceeds 60,000
pounds.
``(c) By Whom Paid.--The tax imposed by subsection (a) shall be
paid by the owner of the mobile mounted concrete boom pump vehicle.
``(d) Credit Against Tax.--At the election of the taxpayer, there
shall be allowed as a credit against the tax imposed by subsection (a)
for any taxable period the amount of tax imposed with respect to such
vehicle under sections 4053, 4081, and 4481 for such period. The credit
allowed under the preceding sentence with respect to a quantity of
liquid shall be in lieu of a payment under section 6427 with respect to
such quantity.
``(e) Special Rules for Determining Mileage.--In determining
mileage for purposes of this section, the Secretary shall work in close
coordination with the Secretary of Transportation to develop a system
for administration and compliance with this section. Such system
shall--
``(1) work in tandem with the engine control modules of the
affected vehicles,
``(2) minimize the administrative burdens on pump owners
and operators,
``(3) minimize the administrative burden on the Department
of Transportation,
``(4) integrate with State and local transportation revenue
mechanisms (including demand management systems),
``(5) protect the privacy of participating companies and
employees, and
``(6) allow third party administrators to manage data
collection and refund payments to operators.
There is authorized to be appropriated not more than $5,000,000 for
costs associated with developing and implementing such system,
including for making grants to private companies where appropriate to
develop and deploy on-board technologies to track and report road miles
traveled.
``SEC. 4492. MOBILE MOUNTED CONCRETE BOOM PUMP VEHICLE DEFINED.
``For purposes of this subchapter, the term `mobile mounted
concrete boom pump vehicle' means a vehicle--
``(1) which is mobile machinery (as defined in section
4053(8)), and
``(2) on which the mounted machinery consists of a concrete
boom pump and related subordinate parts.
``SEC. 4493. METHOD OF COLLECTING TAX.
``(a) Collection by Return.--The taxes imposed by section 4491
shall be collected on the basis of a return for a calendar quarter. The
Secretary shall, by regulation, prescribe the time for filing such
return, the information to be shown in such return, and the time for
payment of such tax.
``(b) Payment Due Date.--Except as otherwise provided in this
subsection, the last day for payment of such tax shall be the 14th day
after the last day of the calendar quarter for which the return is
filed under subsection (a).
``(c) Calendar Quarter.--For purposes of this section, the term
`calendar quarter' means the three-month period ending on March 31,
June 30, September 30, or December 31.''.
(b) Highway Mileage Limitation Not Applicable.--Subparagraph (C) of
section 6421(e)(2) of such Code is amended by adding at the end the
following new clause:
``(v) Exception to use requirement for
mobile mounted concrete boom pump vehicle.--In
the case of a mobile mounted concrete boom pump
vehicle (as defined in section 4492), clause
(ii) shall be applied without regard to
subclause (II) (relating to the use-based
test).''.
(c) Nontaxable Use.--Subsection (b) of section 4082 of such Code
(defining nontaxable use) is amended by inserting ``(other than a use
by a vehicle described in clause (v) thereof'' after ``section
6421(e)(2)(C)''.
(d) Deposit Into Highway Trust Fund.--Paragraph (1) of section
9503(b) of such Code (relating to transfer to Highway Trust Fund of
amounts equivalent to certain taxes and penalties) is amended by
striking ``and'' at the end of subparagraph (D), by striking the period
at the end of subparagraph (E) and inserting ``, and'', and by
inserting after paragraph (E) the following new subparagraph:
``(F) section 4491 (relating to vehicle mileage
tax).''.
(e) Clerical Amendment.--The table of subchapters for chapter 36 of
such Code is amended by inserting after the item relating to subchapter
D the following new item:
``subchapter e. vehicle mileage tax''.
(f) Effective Date.--The amendments made by this section shall take
effect on January 1, 2011. | Transportation Finance Innovation Demonstration Act of 2010 - Amends the Internal Revenue Code to impose a vehicle mileage tax on mobile mounted concrete boom pump vehicles. Defines "mobile mounted concrete boom pump vehicle" as a vehicle which is mobile machinery and on which the mounted machinery consists of a concrete boom pump and related subordinate parts. | To amend the Internal Revenue Code of 1986 to impose a vehicle mileage tax for mobile mounted concrete boom pumps in lieu of the tax on taxable fuels, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sewage Overflow Community Right-to-
Know Act''.
SEC. 2. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
``(26) Treatment works.--The term `treatment works' has the
meaning given the term in section 212.''.
SEC. 3. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER
OVERFLOWS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(s) Sewer Overflow Monitoring, Reporting, and Notifications.--
``(1) Definitions.--In this subsection:
``(A) Sanitary sewer overflow.--
``(i) In general.--The term `sanitary sewer
overflow' means an overflow, spill, release, or
diversion of wastewater from a sanitary sewer
system.
``(ii) Inclusions.--The term `sanitary
sewer overflow' includes--
``(I) overflows or releases of
wastewater that reach waters of the
United States;
``(II) overflows or releases of
wastewater in the United States that do
not reach waters of the United States;
and
``(III) wastewater backups into
buildings that are caused by blockages
or flow conditions in a sanitary sewer
other than a building lateral.
``(iii) Exclusions.--The term `sanitary
sewer overflow' does not include--
``(I) municipal combined sewer
overflows or other discharges from the
combined portion of a municipal
combined storm and sanitary sewer
system; or
``(II) wastewater backups into
buildings caused by a blockage or other
malfunction of a building lateral that
is privately owned.
``(B) Sewer overflow.--The term `sewer overflow'
means a sanitary sewer overflow or a municipal combined
sewer overflow.
``(C) Single-family residence.--
``(i) In general.--The term `single-family
residence' means an individual dwelling unit.
``(ii) Inclusions.--The term `single-family
residence' includes--
``(I) an apartment;
``(II) a condominium;
``(III) a house; and
``(IV) a dormitory.
``(iii) Exclusions.--The term `single-
family residence' does not include the common
areas of a multidwelling structure.
``(2) General requirements.--After the last day of the 180-
day period beginning on the date on which regulations are
promulgated under paragraph (5), a permit issued, renewed, or
modified under this section by the Administrator or the State,
as the case may be, for a publicly owned treatment works shall
require, at a minimum, beginning on the date of the issuance,
modification, or renewal, that the owner or operator of the
treatment works--
``(A) institute and utilize a feasible methodology,
technology, or management program for monitoring sewer
overflows to alert the owner or operator to the
occurrence of a sewer overflow in a timely manner;
``(B) in the case of a sewer overflow that has the
potential to affect human health, notify the public of
the overflow as soon as practicable but not later than
24 hours after the time the owner or operator knows of
the overflow;
``(C) in the case of a sewer overflow that may
imminently and substantially endanger human health,
notify public health authorities and other affected
entities, such as public water systems, of the overflow
immediately after the owner or operator knows of the
overflow;
``(D) report each sewer overflow on the discharge
monitoring report of the owner or operator to the
Administrator or the State, as the case may be, by
describing--
``(i) the magnitude, duration, and
suspected cause of the overflow;
``(ii) the steps taken or planned to
reduce, eliminate, or prevent recurrence of the
overflow; and
``(iii) the steps taken or planned to
mitigate the impact of the overflow; and
``(E) annually report to the Administrator or the
State, as the case may be, the total number of sewer
overflows in a calendar year, including--
``(i) the details of how much wastewater
was released per incident;
``(ii) the duration of each sewer overflow;
``(iii) the location of the overflow and
any potentially affected receiving waters;
``(iv) the responses taken to clean up the
overflow; and
``(v) the actions taken to mitigate impacts
and avoid further sewer overflows at the site.
``(3) Exceptions.--
``(A) Notification requirements.--The notification
requirements of subparagraphs (B) and (C) of paragraph
(2) shall not apply to a sewer overflow that is a
wastewater backup into a single-family residence.
``(B) Reporting requirements.--The reporting
requirements of subparagraphs (D) and (E) of paragraph
(2) shall not apply to a sewer overflow that is a
release of wastewater that occurs in the course of
maintenance of the treatment works, is managed
consistently with the treatment works' best management
practices, and is intended to prevent sewer overflows.
``(4) Report to epa.--Each State shall provide to the
Administrator annually a summary of sewer overflows that
occurred in the State.
``(5) Rulemaking by epa.--Not later than 1 year after the
date of enactment of this subsection, the Administrator, after
providing notice and an opportunity for public comment, shall
promulgate regulations to implement this subsection, including
regulations--
``(A) to establish a set of criteria to guide the
owner or operator of a publicly owned treatment works
in--
``(i) assessing whether a sewer overflow
may imminently and substantially endanger human
health; and
``(ii) developing communication measures
that are sufficient to give notice under
subparagraphs (B) and (C) of paragraph (2); and
``(B) to define the terms `feasible' and `timely'
as those terms apply to paragraph (2)(A), including
site specific conditions.
``(6) Approval of state notification programs.--
``(A) Requests for approval.--
``(i) In general.--After the date of
promulgation of regulations under paragraph
(5), a State may submit to the Administrator
evidence that the State has in place a legally
enforceable notification program that is
substantially equivalent to the requirements of
subparagraphs (B) and (C) of paragraph (2).
``(ii) Program review and authorization.--
If the evidence submitted by a State under
clause (i) shows the notification program of
the State to be substantially equivalent to the
requirements of subparagraphs (B) and (C) of
paragraph (2), the Administrator shall
authorize the State to carry out that program
instead of those requirements.
``(iii) Factors for determining substantial
equivalency.--In carrying out a review of a
State notification program under clause (ii),
the Administrator shall take into account--
``(I) the scope of sewer overflows
for which notification is required;
``(II) the length of time during
which notification must be made;
``(III) the scope of persons that
must be notified of sewer overflows;
``(IV) the scope of enforcement
activities ensuring that notifications
of sewer overflows are made; and
``(V) such other factors as the
Administrator considers to be
appropriate.
``(B) Review period.--If a State submits evidence
with respect to a notification program under
subparagraph (A)(i) on or before the last day of the
30-day period beginning on the date of promulgation of
regulations under paragraph (5), the requirements of
subparagraphs (B) and (C) of paragraph (2) shall not
begin to apply to a publicly owned treatment works
located in the State until the date on which the
Administrator completes a review of the notification
program under subparagraph (A)(ii).
``(C) Withdrawal of authorization.--If the
Administrator, after conducting a public hearing,
determines that a State is not administering and
enforcing a State notification program authorized under
subparagraph (A)(ii) in accordance with the
requirements of this paragraph, the Administrator shall
so notify the State and, if appropriate corrective
action is not taken within a reasonable time, not to
exceed 90 days, the Administrator shall withdraw
authorization of such program and enforce the
requirements of subparagraphs (B) and (C) of paragraph
(2) with respect to the State.
``(7) Special rules concerning application of notification
requirements.--After the last day of the 30-day period
beginning on the date of promulgation of regulations under
paragraph (5), the requirements of subparagraphs (B) and (C) of
paragraph (2) shall--
``(A) apply to the owner or operator of a publicly
owned treatment works and be subject to enforcement
under section 309; and
``(B) supersede any notification requirements
contained in a permit issued under this section for the
treatment works to the extent that the notification
requirements are less stringent than the notification
requirements of subparagraphs (B) and (C) of paragraph
(2), until such date as a permit is issued, renewed, or
modified under this section for the treatment works in
accordance with paragraph (2).''.
SEC. 4. ELIGIBILITY FOR ASSISTANCE.
(a) Purpose of State Revolving Fund.--Section 601(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1381(a)) is amended--
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``section 320'' the following: ``,
and (4) for the implementation of requirements to monitor for
sewer overflows under section 402''.
(b) Water Pollution Control Revolving Loan Funds.--Section 603(c)
of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is
amended--
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``section 320 of this Act'' the
following: ``, and (4) for the implementation of requirements
to monitor for sewer overflows under section 402''.
SEC. 5. EFFECT OF ACT.
Nothing in this Act or an amendment made by this Act--
(1) limits the ability of any State to implement or enforce
a more stringent monitoring or notification standard than the
applicable standard under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.); or
(2) authorizes any sewer overflow, or supplants or
diminishes any obligation to comply with any other requirement
under this chapter or any other Federal or State law. | Sewage Overflow Community Right-to-Know Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require owners or operators of publicly owned treatment works to: (1) institute monitoring systems to provide timely alerts of sewer overflows; (2) notify the public within 24 hours after receiving knowledge of such an overflow in an area where human health is potentially affected; (3) notify public health authorities and other affected entities immediately after receiving knowledge of an overflow that may imminently and substantially endanger human health; (4) report each overflow on discharge monitoring reports to the Administrator of the Environmental Protection Agency (EPA) or the state; and (5) annually report to the Administrator or the state on the total number of overflows in a calendar year.
Makes specified exceptions to notification and reporting requirements, respectively, for backups into single-family residences and overflows that occur in the course of treatment works maintenance.
Requires annual summary reports by states to the Administrator.
Defines "sanitary sewer overflow" to mean an overflow, spill, release, or diversion of wastewater from a sanitary sewer system: (1) including wastewater backups into buildings that are caused by blockages or flow conditions in a sanitary sewer other than a building lateral; and (2) excluding municipal combined sewer overflows or other discharges from the combined portion of a municipal combined storm and sanitary sewer system and wastewater backups into buildings caused by a blockage or other malfunction of a building lateral that is privately owned.
Defines "sewer overflow" to mean a sanitary sewer overflow or a municipal combined sewer overflow.
Requires the Administrator to promulgate regulations, including to establish overflow assessment guidance and develop communications measures to provide notification under this Act. Provides procedures for review and approval of state notification programs after issuance of such regulations.
Makes the monitoring systems eligible for state water pollution control revolving fund assistance.
Provides that this Act does not limit a state's ability to implement or enforce a more stringent monitoring or notification standard than the applicable standard under the Clean Water Act. | A bill to amend the Federal Water Pollution Control Act to ensure that sewage treatment plants monitor for and report discharges of raw sewage, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ATM Public Safety and Crime Control
Act''.
SEC. 2. ENHANCED SECURITY MEASURES REQUIRED AT DEPOSITORY INSTITUTIONS.
(a) Banks and Savings Associations.--Section 3 of the Bank
Protection Act of 1968 (12 U.S.C. 1882) is amended by adding at the end
the following new subsection:
``(c) Enhanced Surveillance Requirements.--With respect to each
surveillance camera which a depository institution is required to
maintain under the regulations prescribed under subsection (a), each
Federal supervisory agency shall prescribe, on the basis of
recommendations made by the Director of the Federal Bureau of
Investigation pursuant to section 540C(c) of title 28, United States
Code, regulations which require the depository institution to--
``(1) provide lighting and a surveillance camera of
sufficient quality to produce surveillance pictures which can
be used effectively as evidence in a criminal prosecution of
illegal activities at the location monitored by the camera; and
``(2) operate such camera in a manner which does not
compromise the quality of the surveillance pictures.''.
(b) Credit Unions.--Section 205(e) of the Federal Credit Union Act
(12 U.S.C. 1785(e)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2), the following new
paragraph:
``(3) Enhanced surveillance requirements.--With respect to
each surveillance camera which an insured credit union is
required to maintain under the regulations prescribed under
paragraph (1), the Board shall prescribe, on the basis of
recommendations made by the Director of the Federal Bureau of
Investigation pursuant to section 540C(c) of title 28, United
States Code, regulations which require the credit union to--
``(A) provide lighting and a surveillance camera of
sufficient quality to produce surveillance pictures
which can be used effectively as evidence in a criminal
prosecution of illegal activities at the location
monitored by the camera; and
``(B) operate such camera in a manner which does
not compromise the quality of the surveillance
pictures.''.
SEC. 3. STUDY AND TECHNICAL RECOMMENDATIONS BY FBI.
(a) In General.--Chapter 33 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 540C. Technical recommendations on surveillance equipment
``(a) Review of Crime Prevention Standards and Procedures.--In
order to reduce the incidence of crimes under section 2113 of title 18,
other violations of such title, and other criminal activity on the
property of or in the vicinity of financial institutions (as defined in
section 20 of such title) and to facilitate more effective prosecutions
of such crimes, the Director of the Federal Bureau of Investigation
shall periodically review the standards and procedures applicable with
respect to security requirements established under section 3 of the
Bank Protection Act of 1968 and section 205(e) of the Federal Credit
Union Act.
``(b) Consultation With Attorney General.--In conducting any review
under subsection (a), the Director of the Federal Bureau of
Investigation shall consult with the Attorney General to ascertain the
extent to which inadequate security measures, or improperly maintained
security equipment, at financial institutions has hindered effective
prosecutions under section 2113 of title 18, United States Code, or
other criminal provisions.
``(c) Recommendations.--Before the end of the 6-month period
beginning on the date of the enactment of the ATM Public Safety and
Crime Control Act and at such times after such date as the Director of
the Federal Bureau of Investigation may determine to be appropriate,
the Director shall make technical recommendations to the Federal
banking agencies (as defined in section 3 of the Federal Deposit
Insurance Act) and the National Credit Union Administration Board on
standards and procedures for meeting the purposes of section 3 of the
Bank Protection Act of 1968 and section 205(e) of the Federal Credit
Union Act.''.
(b) Report to Judiciary Committees.--The Director of the Federal
Bureau of Investigation shall submit a copy of any recommendations made
in accordance with section 540C(c) of title 28, United States Code, to
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate at the same time such
recommendations are transmitted to the Federal banking agencies and the
National Credit Union Administration Board in accordance with such
section.
(c) Clerical Amendment.--The table of sections for chapter 33 of
title 28, United States Code, is amended by inserting after the item
relating to section 540B the following new item:
``540C. Technical recommendations on surveillance equipment.''.
SEC. 4. INITIAL IMPLEMENTATION OF REGULATIONS.
(a) Timetable for Regulations.--The Federal banking agencies and
the National Credit Union Administration Board shall prescribe final
regulations pursuant to section 3(c) of the Bank Protection Act of 1968
and section 205(c)(3) of the Federal Credit Union Act, respectively,
before the end of the 6-month period beginning on the date the
technical recommendations of the Director of the Federal Bureau of
Investigation are received by such agencies in accordance with section
540C(c) of title 28, United States Code.
(b) Effective Date of Regulations.--The regulations referred to in
subsection (a) shall require depository institutions and credit unions
to achieve compliance with such regulations by the end of the 6-month
period beginning on the date the final regulations are published in the
Federal Register.
SEC. 5. AMENDMENTS TO DEFINITIONS.
Section 2 of the Bank Protection Act of 1968 (12 U.S.C. 1881) is
amended to read as follows:
``SEC. 2. DEFINITIONS.
``The following definitions shall apply for purposes of this Act:
``(1) Depository institution.--The term `depository
institution' has the meaning given to such term in section 3(c)
of the Federal Deposit Insurance Act.
``(2) Federal supervisory agency.--The term `Federal
supervisory agency' has the meaning given to the term
`appropriate Federal banking agency' in section 3 of the
Federal Deposit Insurance Act.''. | ATM Public Safety and Crime Control Act - Amends the Bank Protection Act of 1968 and the Federal Credit Union Act to direct each Federal banking supervisory agency and the National Credit Union Administration Board (NCUAB), respectively, to require a depository institution to: (1) provide lighting and a surveillance camera of sufficient quality to produce surveillance pictures which can be used effectively as evidence in a criminal prosecution of illegal activities at the location monitored by the camera; and (2) operate such camera in a manner which does not compromise the quality of the surveillance pictures.Amends the Federal Judicial Code to instruct the Director of the Federal Bureau of Investigation to: (1) periodically review the standards and procedures applicable to such surveillance and security requirements; and (2) make technical recommendations to the Federal banking agencies and the NCUAB on standards and procedures to implement this Act.Sets forth a timetable for the Federal banking agencies and the NCUAB to prescribe final regulations that require depository institutions and credit unions to achieve compliance with this Act. | To amend the Bank Protection Act of 1968 and the Federal Credit Union Act to require enhanced security measures at depository institutions and automated teller machines sufficient to provide surveillance pictures which can be used effectively as evidence in criminal prosecutions, to amend title 28, United States Code, to require the Federal Bureau of Investigation to make technical recommendations with regard to such security measures, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Funds Transfer Federal
Salary Act''.
SEC. 2. SAFE, ECONOMICAL, EFFECTIVE PAYROLL ADMINISTRATION.
(a) In General.--Section 3332 of title 31, United States Code, is
amended by striking subsections (a), (b), (c), (d), and (e) and
inserting the following new subsections:
``(a) Financial Organization Defined.--For purposes of this
section, the term `financial organization' means a depository
institution (as defined in section 3(c) of the Federal Deposit
Insurance Act), a Federal or State credit union (as defined in section
101 of the Federal Credit Union Act), or a similar institution.
``(b) Electronic Funds Transfers of Payments of Employee Pay.--
``(1) Secretary authorized to require electronic
transfers.--Notwithstanding any other provision of law, the
Secretary of the Treasury (hereafter in this section referred
to as the `Secretary) may prescribe regulations requiring the
pay of any employee of any agency to be paid by electronic
funds transfer or any other method determined by the Secretary
to be in the interest of economy or effectiveness if the
Secretary--
``(A) determines that such requirement is
practicable; and
``(B) establishes and maintains sufficient
safeguards over the control of, and accounting for,
public funds in connection with any such transfer.
``(2) Designation of financial organization recipient.--Any
regulation prescribed under paragraph (1) shall require any
employee whose pay is subject to such regulation to designate
the financial organization to receive the payments of such pay.
``(3) Report of designation.--Any certification which is
made by the head of an agency with respect to the payment of
employee pay of an employee whose pay is subject to regulations
prescribed under paragraph (1) shall contain such information
about the financial organization designated by the employee
under paragraph (2) as the Secretary may require.
``(4) Transfer fees prohibited.--
``(A) Secretary.--The Secretary may not charge any
financial organization any fee in connection with any
payment made in accordance with this section.
``(B) Financial organization.--No financial
organization may charge any employee of an agency for
handling payments by the Secretary to the employee in a
manner authorized by the Secretary pursuant to this
subsection.
``(5) Exemption at request of employee.--The Secretary may,
at the request of any employee who was employed by the United
States Government on the date of the enactment of the
Electronic Funds Transfer Federal Salary Act and whose annual
rate of basic pay is less than $20,000, exempt such employee
from the requirements of this section.
``(6) National security exceptions.--
``(A) In general.--No provision of this section
shall be construed as impairing or affecting any
provision of section 102(d)(3) of the National Security
Act of 1947 or section 6 of the Central Intelligence
Agency Act of 1949.
``(B) Exemption of cia authorized.--The Director of
the Central Intelligence Agency, or a designee of the
Director, may exempt the Central Intelligence Agency
and any employee of such agency from regulations issued
pursuant to paragraph (1) and the requirements of
paragraph (3) if the Director or designee determines
that compliance with such regulations and requirements
would risk disclosure of intelligence sources and
methods or compromise the security of foreign
intelligence or counterintelligence activities.
``(c) Effect of Payment.--The acceptance by a financial
organization of a payment of an amount by the United States in any
manner authorized by the Secretary pursuant to subsection (b) or (d)
shall constitute full acquittance of the United States for such amount.
``(d) Payment of Other Amounts by Electronic Fund Transfers.--The
payment by the United States of any amount due any person for any
purpose (other than pay payable to an employee of an agency) may be
made in any manner authorized by the Secretary pursuant to this section
upon receipt by the Secretary of a written request of such person for
payment in such manner.''.
(b) Technical and Conforming Amendments.--Section 3332 of title 31,
United States Code, is amended--
(1) by redesignating subsection (f) as subsection (e); and
(2) by striking ``The'' in the 1st sentence of subsection
(e) (as so redesignated) and inserting ``Notwithstanding
subsection (b)(1), the''. | Electronic Funds Transfer Federal Salary Act - Amends Federal law to authorize the Secretary of the Treasury to prescribe regulations requiring Federal employees to be paid via direct deposit or any other economical and effective method provided there are sufficient safeguards. | Electronic Funds Transfer Federal Salary Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Excellence Through Education
Act of 2013''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS GRANTS TO MINORITY SERVING
INSTITUTIONS TO ADDRESS SOCIAL AND ACADEMIC PROBLEMS
FACING VETERANS.
(a) In General.--The Secretary of Veterans Affairs may make grants
to minority serving institutions for the purpose of establishing
verified delivery systems to address social and academic problems
facing veterans enrolled at such institutions.
(b) Use of Funds.--The recipient of a grant under this section
shall use the grant funds to carry out any of the following activities
for veterans enrolled at the institution receiving the grant:
(1) Providing education services, including post-secondary
education, courses in English as a second language, general
education development preparation, financial literacy workshops
and courses, generational diversity awareness programs, and
health and wellness programs.
(2) Activities designed to increase access to workforce
services, including on-job training, internships, skills
training, job placement, and personal development.
(3) Other types of support services, including health and
nutrition services, housing assistance, transportation, and
child care.
(4) Establishing a center for veteran student success on
the campus of the institution to provide a single point of
contact to coordinate comprehensive support services for
veterans who are enrolled in a program of education offered by
the institution.
(5) Establishing a veteran support team, including
representatives from the offices of the institution responsible
for admissions, registration, financial aid, veterans benefits,
academic advising, student health, personal or mental health
counseling, career advising, and disabilities services, and any
other office of the institution that provides support to
veteran students on campus.
(6) Providing a coordinator whose primary responsibility is
to coordinate the activities carried out under the grant.
(7) Monitoring the rates of enrollment, persistence, and
completion of veterans who are enrolled in a program of
education offered by the institution.
(8) Developing a plan to sustain a center described in
paragraph (4) after the institution no longer receives funds
under this section.
(9) Providing outreach to veterans to encourage them to
enroll in a program of education offered by the institution.
(10) Providing supportive instructional services for
veterans enrolled in a program of education offered by the
institution, including--
(A) personal, academic, and career counseling;
(B) tutoring and academic skill-building
assistance; and
(C) assistance with special admissions and
transferring credits from previously attended
institutions of higher learning or other relevant
credits.
(11) Providing assistance to veterans admitted for
enrollment in a program of education offered by the institution
in obtaining student financial aid.
(12) Providing housing support for veterans enrolled in a
program of education offered by the institution who live in
institutional facilities or who commute.
(13) Academic programs, orientation programs, and other
activities designed to ease the transition to campus life for
such veterans.
(14) Support for veteran student organizations and veteran
student support groups at the institution.
(15) Coordination of academic advising and admissions
counseling with military installations and national guard units
located in the same geographic area as the institution.
(16) Other support services the institution determines
necessary to ensure the success of veterans enrolled in a
program of education offered by the institution in achieving
educational and career goals.
(c) Eligibility.--To be eligible to receive a grant under this
section, a minority serving institution shall submit to the Secretary
an application containing a program plan containing a strategy for
meeting the needs of veterans enrolled in the institution. Such a plan
shall include--
(1) an identification of the population to be served;
(2) an identification of the education and employment needs
of the population to be served and the manner in which the
activities proposed to be provided using grant funds are
designed to strengthen the ability of such individuals to
achieve their higher education goals;
(3) a description of the activities proposed to be provided
using grant funds and the manner in which such activities would
be integrated with other appropriate activities carried out by
or at the institution; and
(4) a description, developed in consultation with the
Secretary, of the performance measures proposed to be used to
assess the performance of the institution in carrying out
activities using grant funds.
(d) Definitions.--In this section:
(1) The term ``minority serving institution'' means a
historically Black college or university, a Hispanic-serving
institution, a Tribal College or University, or a Predominantly
Black Institution.
(2) The term ``historically Black college'' has the meaning
given the term ``part B institution'' as defined in section
322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
(3) The term ``Hispanic-serving institution'' has the
meaning given that term in as section 502(a)(5) of such Act (20
U.S.C. 1101a(a)(5)).
(4) The term ``Tribal College or University'' has the
meaning given that term in section 316(b)(3) of such Act (20
U.S.C. 1059c(b)(3)).
(5) The term ``Predominantly Black Institution'' has the
meaning given that term in section Predominantly Black
Institution has the meaning given that term in section
318(b)(6)of such Act (20 U.S.C. 1059e(b)(6)).
(e) Termination.--The Secretary may only make a grant under this
section during fiscal years 2014 through 2019. | Veteran Excellence Through Education Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to make grants, during FY2014-FY2019, to minority-serving institutions for establishing verified delivery systems to address social and academic problems facing enrolled veterans. Includes among authorized grant activities: (1) educational services, including courses in English as a second language, financial literacy workshops and courses, and health and wellness programs; (2) increased access to workforce services; (3) support services such as housing, transportation, and child care; and (4) establishing a veteran support team. Requires an institution, in order to receive such a grant, to submit to the Secretary a program plan and strategy to meet the needs of enrolled veterans. | Veteran Excellence Through Education Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Disaster Readiness
and Reform Act of 2009''.
SEC. 2. REVISED COLLATERAL REQUIREMENTS.
Section 7 of the Small Business Act (15 U.S.C. 636) is amended--
(1) by striking ``(e) [RESERVED].'' and ``(f)
[RESERVED].''; and
(2) in subsection (f), as added by section 12068(a)(2) of
the Small Business Disaster Response and Loan Improvements Act
of 2008 (subtitle B of title XII of the Food, Conservation, and
Energy Act of 2008; Public Law 110-246), by adding at the end
the following:
``(2) Revised collateral requirements.--In making a loan
with respect to a business under subsection (b), if the total
approved amount of such loan is less than or equal to $250,000,
the Administrator may not require the borrower to use the
borrower's home as collateral.''.
SEC. 3. INCREASED LIMITS.
Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is
amended--
(1) in paragraph (3)(E) by striking ``$1,500,000'' each
place it appears and inserting ``$3,000,000''; and
(2) in paragraph (8)(A) by striking ``$2,000,000'' and
inserting ``$3,000,000''.
SEC. 4. REVISED REPAYMENT TERMS.
Section 7(f) of the Small Business Act (15 U.S.C. 636(f)) is
amended by adding at the end the following:
``(3) Revised repayment terms.--In making loans under
subsection (b), the Administrator--
``(A) may not require repayment to begin until the
date that is 12 months after the date on which the
final disbursement of approved amounts is made; and
``(B) shall calculate the amount of repayment based
solely on the amounts disbursed.''.
SEC. 5. REVISED DISBURSEMENT PROCESS.
Section 7(f) of the Small Business Act (15 U.S.C. 636(f)), as
amended by this Act, is further amended by adding at the end the
following:
``(4) Revised disbursement process.--In making a loan under
subsection (b), the Administrator shall disburse loan amounts
in accordance with the following:
``(A) If the total amount approved with respect to
such loan is less than or equal to $150,000--
``(i) the first disbursement with respect
to such loan shall consist of 40 percent of the
total loan amount, or a lesser percentage of
the total loan amount if the Administrator and
the borrower agree on such a lesser percentage;
``(ii) the second disbursement shall
consist of 50 percent of the loan amounts that
remain after the first disbursement, and shall
be made when the borrower has produced
satisfactory receipts to demonstrate the proper
use of 50 percent of the first disbursement;
and
``(iii) the third disbursement shall
consist of the loan amounts that remain after
the preceding disbursements, and shall be made
when the borrower has produced satisfactory
receipts to demonstrate the proper use of the
first disbursement and 50 percent of the second
disbursement.
``(B) If the total amount approved with respect to
such loan is more than $150,000 but less than or equal
to $500,000--
``(i) the first disbursement with respect
to such loan shall consist of 20 percent of the
total loan amount, or a lesser percentage of
the total loan amount if the Administrator and
the borrower agree on such a lesser percentage;
``(ii) the second disbursement shall
consist of 30 percent of the loan amounts that
remain after the first disbursement, and shall
be made when the borrower has produced
satisfactory receipts to demonstrate the proper
use of 50 percent of the first disbursement;
``(iii) the third disbursement shall
consist of 25 percent of the loan amounts that
remain after the first and second
disbursements, and shall be made when the
borrower has produced satisfactory receipts to
demonstrate the proper use of the first
disbursement and 50 percent of the second
disbursement; and
``(iv) the fourth disbursement shall
consist of the loan amounts that remain after
the preceding disbursements, and shall be made
when the borrower has produced satisfactory
receipts to demonstrate the proper use of the
first and second disbursements and 50 percent
of the third disbursement.
``(C) If the total amount approved with respect to
such loan is more than $500,000--
``(i) the first disbursement with respect
to such loan shall consist of at least
$100,000, or a lesser amount if the
Administrator and the borrower agree on such a
lesser amount; and
``(ii) the number of disbursements after
the first, and the amount of each such
disbursement, shall be in the discretion of the
Administrator, but the amount of each such
disbursement shall be at least $100,000.''.
SEC. 6. GRANT PROGRAM.
Section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as
amended by this Act, is further amended by inserting after paragraph
(9) the following:
``(10) Grants to disaster-affected small businesses.--
``(A) In general.--If the Administrator declares
eligibility for additional disaster assistance under
paragraph (9), the Administrator may make a grant, in
an amount not exceeding $100,000, to a small business
concern that--
``(i) is located in an area affected by the
applicable major disaster;
``(ii) submits to the Administrator a
certification by the owner of the concern that
such owner intends to reestablish the concern
in the same county in which the concern was
originally located;
``(iii) has applied for, and was rejected
for, a conventional disaster assistance loan
under this subsection; and
``(iv) was in existence for at least 2
years before the date on which the applicable
disaster declaration was made.
``(B) Priority.--In making grants under this
paragraph, the Administrator shall give priority to a
small business concern that the Administrator
determines is economically viable but unable to meet
short-term financial obligations.
``(C) Program level and authorization of
appropriations.--
``(i) Program level.--The Administrator is
authorized to make $100,000,000 in grants under
this paragraph for each of fiscal years 2010
and 2011.
``(ii) Authorization of appropriations.--
There are authorized to be appropriated to the
Administrator such sums as may be necessary to
carry out this paragraph.''.
SEC. 7. REGIONAL DISASTER WORKING GROUPS.
Section 40 of the Small Business Act (15 U.S.C. 657l) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``or'' and inserting ``and'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Regional Disaster Working Groups.--In carrying out the
responsibilities pertaining to loan making activities under subsection
(a), the Administrator, acting through the regional administrators of
the regional offices of the Administration, shall develop a disaster
preparedness and response plan for each region of the Administration.
Each such plan shall be developed in cooperation with Federal, State,
and local emergency response authorities and representatives of
businesses located in the region to which such plan applies. Each such
plan shall identify and include a plan relating to the 3 disasters,
natural or manmade, most likely to occur in the region to which such
plan applies.''.
SEC. 8. OUTREACH GRANTS FOR LOAN APPLICANT ASSISTANCE.
Section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as
amended by this Act, is further amended by inserting after paragraph
(10) the following:
``(11) Outreach grants for loan applicant assistance.--
``(A) In general.--From amounts made available for
administrative expenses relating to activities under
this subsection, the Administrator is authorized to
make grants to the following:
``(i) A women's business center in an area
affected by a disaster.
``(ii) A small business development center
in an area affected by a disaster.
``(iii) A Veteran Business Outreach Center
in an area affected by a disaster.
``(iv) A chamber of commerce in an area
affected by a disaster.
``(B) Use of grant.--An entity specified under
subparagraph (A) shall use a grant received under this
paragraph to provide application preparation assistance
to applicants for a loan under this subsection.
``(C) Program level.--The Administrator is
authorized to make $50,000,000 in grants under this
paragraph for each of fiscal years 2010 and 2011.''.
SEC. 9. HOMEOWNERS IMPACTED BY TOXIC DRYWALL.
Section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as
amended by this Act, is further amended by inserting after paragraph
(11) the following:
``(12) Homeowners impacted by toxic drywall.--The
Administrator may make a loan under this subsection to any
homeowner if the primary residence of such homeowner has been
adversely impacted by the installation of toxic drywall
manufactured in China. A loan under this paragraph may be used
only for the repair or replacement of such toxic drywall.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended by inserting after subsection (e) the following:
``(f) Fiscal Years 2010 and 2011 With Respect to Section 7(b).--
There is authorized to be appropriated such sums as may be necessary
for administrative expenses and loans under section 7(b).''.
SEC. 11. REGULATIONS.
Except as otherwise provided in this Act or in amendments made by
this Act, after an opportunity for notice and comment, but not later
than 180 days after the date of the enactment of this Act, the
Administrator shall issue regulations to carry out this Act and the
amendments made by this Act.
Passed the House of Representatives November 6, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Small Business Disaster Readiness and Reform Act of 2009 - (Sec. 2) Amends the Small Business Act to prohibit the Administrator of the Small Business Administration (SBA), in making a small business disaster loan of $250,000 or less, from requiring a borrower to use the borrower's home as collateral.
(Sec. 3) Increases the SBA disaster loan limit to $3 million. Prohibits the Administrator from requiring repayment on such loans until 12 months after final disbursement of the approved loan amount.
(Sec. 5) Provides specific disbursement directions for each of the following categories of loans: (1) $150,000 or less; (2) more than $150,000 up to $500,000; and (3) more than $500,000.
(Sec. 6) Authorizes the Administrator to make a disaster assistance grant of up to $100,000 to a small business that: (1) is located in an area affected by a major disaster; (2) certifies its intention to reestablish the business in the same county as originally located; (3) has applied and was rejected for a conventional disaster assistance loan; and (4) was in existence for at least two years before the disaster declaration. Provides a grant priority for small businesses determined to be economically viable but unable to meet short-term financial obligations. Authorizes grants of $100 million for each of FY2010-FY2011 and authorizes appropriations for such grants.
(Sec. 7) Directs the Administrator to develop a disaster preparedness and response plan for each SBA region. Requires each plan to identify the three disasters, natural or manmade, most likely to occur in such region.
(Sec. 8) Authorizes the Administrator to make outreach grants for loan application assistance to the following in areas affected by a disaster: (1) a women's business center; (2) a small business development center; (3) a veterans business outreach center; and (4) a chamber of commerce. Authorizes grants for each of FY2010-FY2011.
(Sec. 9) Authorizes the Administrator to make a loan to any homeowner whose primary residence has been adversely impacted by the installation of toxic drywall manufactured in China. Allows the loan to be used only for the repair or replacement of such drywall.
(Sec. 10) Authorizes appropriations for FY2010-FY2011 for administrative expenses and small business disaster assistance loans. | To amend the Small Business Act to improve the disaster relief programs of the Small Business Administration, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flu Vaccine Incentive Act of 2004''
or the ``FLU-VIA''.
SEC. 2. ELIMINATION OF PRICE CAP FOR THE PURCHASE OF INFLUENZA
VACCINES.
(a) In General.--
(1) Vaccines for children program.--Section 1928(d)(3) of
the Social Security Act (42 U.S.C. 1396s(d)(3)) is amended--
(A) in subparagraph (B), by striking ``With'' and
inserting ``Except as provided in subparagraph (D),
with''; and
(B) by adding at the end the following new
subparagraph:
``(D) Nonapplication to influenza vaccines.--With
respect to contracts entered into for the purchase of a
pediatric vaccine that is an influenza vaccine, and to
the maximum extent practicable, with respect to any
other contracts entered into by the Secretary for the
purchase of an influenza vaccine, the price for the
purchase of such vaccine shall be established without
regard to subparagraph (B).''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to contracts entered into on or after the date of
enactment of this Act.
(b) Application to Purchases for Other Federal Programs.--Section
1928(d)(3)(D) of the Social Security Act (42 U.S.C. 1396s(d)(3)(D)), as
amended by subsection (a), shall apply with respect to the purchase of
an influenza vaccine by any Federal agency and in lieu of the price
that would otherwise apply to such a purchase under the schedule for
the purchase of drugs by the Veterans Administration under section 8126
of title 38, United States Code, under agreements negotiated by the
Secretary of Health and Human Services under section 340B of the Public
Health Service Act (42 U.S.C. 256b), or otherwise.
SEC. 3. INCENTIVES FOR THE CONSTRUCTION OF INFLUENZA VACCINE
MANUFACTURING FACILITIES.
(a) Influenza Vaccine Manufacturing Facilities Investment Tax
Credit.--
(1) Allowance of credit.--Section 46 of the Internal
Revenue Code of 1986 (relating to amount of investment credit)
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 adding at the end the following new
paragraph:
``(3) the influenza vaccine manufacturing facilities
investment credit.''.
(2) Amount of credit.--Section 48 of such Code is amended
by adding at the end the following new subsection:
``(c) Influenza Vaccine Manufacturing Facilities Investment
Credit.--
``(1) In general.--For purposes of section 46, the
influenza vaccine manufacturing facilities investment credit
for any taxable year is an amount equal to 20 percent of the
qualified investment for such taxable year.
``(2) Qualified investment.--For purposes of paragraph (1),
the qualified investment for any taxable year is the basis of
each influenza vaccine manufacturing facilities property placed
in service by the taxpayer during such taxable year.
``(3) Influenza vaccine manufacturing facilities
property.--For purposes of this subsection, the term `influenza
vaccine manufacturing facilities property' means real and
tangible personal property--
``(A)(i) the original use of which commences with
the taxpayer, or
``(ii) which is acquired through purchase (as
defined by section 179(d)(2)),
``(B) which is depreciable under section 167,
``(C) which is used for the manufacture,
distribution, or research and development of influenza
vaccines, and
``(D) which is in compliance with any standards and
regulations which are promulgated by the Food and Drug
Administration, the Occupational Safety and Health
Administration, or the Environmental Protection Agency
and which are applicable to such property.
``(4) Certain progress expenditure rules made applicable.--
Rules similar to rules of subsections (c)(4) and (d) of section
46 (as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990) shall apply for
purposes of this subsection.
``(5) Termination.--This subsection shall not apply to any
property placed in service after December 31, 2014.''.
(b) Technical Amendments.--
(1) Subparagraph (C) of section 49(a)(1) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (ii), by striking the period at the end of clause
(iii) and inserting ``, and'', and by adding at the end the
following new clause:
``(iv) the basis of any influenza vaccine
manufacturing facilities property.''.
(2) Subparagraph (E) of section 50(a)(2) of such Code is
amended by inserting ``or 48(c)(4)'' before the period.
(3)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''.
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Other credits.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2004, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of enactment of
the Revenue Reconciliation Act of 1990).
SEC. 4. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF DEVELOPING NEW
TECHNOLOGIES FOR THE PRODUCTION OF INFLUENZA VACCINES.
(a) Findings.--The Senate makes the following findings:
(1) 30 years ago, more than a dozen companies produced the
influenza vaccine in the United States. As of 2004, only 2
companies make the vaccine for the United States.
(2) Currently, the influenza vaccine is grown in eggs
through a process that takes approximately 6 months and
consumes tens of thousands of eggs.
(3) Companies are developing new technologies for the
faster and safer production of the influenza vaccine. For
example, one manufacturer is testing a process that relies on
cell lines from silk moths, a technique that promises to shave
the production time by at least a month and reduce the costs
significantly.
(b) Sense of the Senate.--It is the sense of the Senate that it is
prudent to allocate a greater percentage of the amounts appropriated to
the National Institutes of Health for research to the development of
new technologies for the production of influenza vaccines. | Flu Vaccine Incentive Act of 2004 or FLU-VIA - Amends title XIX (Medicaid) of the Social Security Act to exempt contracts entered into by the Secretary of Health and Human Services for the purchase of a pediatric influenza vaccine and other vaccines from certain price restrictions applicable to such contracts. Extends such exemption to any other Federal agency that purchases an influenza vaccine.
Amends the Internal Revenue Code to allow a tax credit for investment in influenza vaccine manufacturing facilities.
Expresses the sense of the Senate supporting increased funding to develop new technologies for the production of influenza vaccines. | A bill to amend section 1928 of the Social Security Act to encourage the production of influenza vaccines by eliminating the price cap applicable to the purchase of such vaccines under contracts entered into by the Secretary of Health and Human Services, to amend the Internal Revenue Code of 1986 to establish a tax credit to encourage vaccine production capacity, and for other purposes. |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The United Nations Convention against Torture or Other
Cruel, Inhuman or Degrading Treatment or Punishment (in this
section referred to as the ``Convention against Torture'' )
defines torture as ``any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him or a third
person information or a confession. . . .'', and that it may be
``inflicted by or at the instigation of or acquiescence of a
public official or other person acting in an official
capacity.''.
(2) The Universal Declaration of Human Rights states that
``No one shall be subjected to torture or to cruel, inhuman, or
degrading treatment or punishment.''.
(3) The prohibition on torture and other ill-treatment has
been incorporated into the numerous international and regional
human rights treaties, including--
(A) Article 7 of the International Covenant on
Civil and Political Rights (ICCPR), ratified by 153
countries, including the United States in 1992;
(B) the Convention against Torture, ratified by 136
countries, including the United States in 1994;
(C) the European Convention for the Protection of
Human Rights and Fundamental Freedoms;
(D) the African Charter on Human and Peoples'
Rights; and
(E) the American Convention on Human Rights.
(4) The prohibition against torture is also fundamental to
the laws governing the conduct of parties in armed conflicts,
which establish a duty to protect the life, health, and safety
of civilians and other noncombatants, including soldiers who
are captured or who have laid down their arms, including the
Geneva Conventions which prohibit ``violence of life and
person, in particular murder of all kinds, mutilation, cruel
treatment, and torture'', ``outrages upon personal dignity, in
particular humiliating, and degrading treatment'', and the use
of force to obtain information, stipulating that ``No physical
or moral coercion shall be exercised against protected persons,
in particular to obtain information from them or from third
parties.''.
(5) The United States Government informed the United
Nations in 1999 that in the United States, the use of torture
``is categorically denounced as a matter of policy and as a
tool of state authority . . . No official of the government,
Federal, State, or local, civilian, or military, is authorized
to commit or to instruct anyone else to commit torture. Nor may
any official condone or tolerate torture in any form . . .
Every act of torture within the meaning of the [Convention
against Torture] is illegal under existing Federal and State
law, and any individual who commits such an act is subject to
penal sanctions as specified in criminal statutes.''.
(6) The practice of torture violates numerous provisions of
the United States Constitution and its Bill of Rights,
including the right under the Fourth Amendment to be free of
unreasonable search or seizure, which encompasses the right to
not be abused by the police, the right under the Fifth
Amendment against self-incrimination, which encompasses the
right to remain silent during interrogations, the guarantees of
due process under the Fifth and the Fourteenth Amendments,
which ensure fundamental fairness in criminal justice system,
and the right under the Eighth Amendment to be free of cruel or
unusual punishment.
(7) In numerous cases, the United States Supreme Court has
condemned the use of force amounting to torture or other forms
of ill treatment during interrogations, including such
practices as whipping, slapping, depriving a prisoner of food,
water, or sleep, keeping a prisoner naked or in a small cell
for prolonged periods, holding a gun to a prisoner's head, or
threatening a prisoner with mob violence.
(8) Article 4 of the Convention against Torture obligates
State parties to ensure that all acts of torture are criminal
offenses under domestic legislation, and the United States has
insisted that existing Federal and State laws render illegal
any act falling within the definition of torture under the
Convention against Torture.
(9) Article 3 of the Convention against Torture expressly
prohibits sending a person to another State ``where there are
substantial grounds for believing that he would be in danger of
being subjected to torture.''.
(10) Section 2242(a) of the Foreign Affairs Reform and
Restructuring Act of 1998, as contained in Public Law 105-277
(8 U.S.C. 1231 note) states that ``It shall be the policy of
the United States not to expel, extradite, or otherwise effect
the involuntary return of any person to a country in which
there are substantial grounds for believing the person would be
in danger of being subjected to torture, regardless of whether
the person is physically present in the United States.''.
(11) Transferring, rendering, returning, or extraditing
persons in the custody of the United States to any other
country where torture or cruel, inhuman, or degrading treatment
is commonly used by the government in interrogation and
detention is inconsistent with international human rights law,
the Constitutional protections against torture or inhuman
treatment, and the values and principles upon which the United
States was founded.
SEC. 2. TRANSFER OF PERSONS IN CUSTODY.
(a) Reports to Congress.--Beginning 6 months after the date of the
enactment of this Act and every 6 months thereafter, the Secretary of
State shall submit to the appropriate congressional committees a list
of each country where torture or cruel, inhuman, or degrading treatment
is commonly used by the government of that country in interrogation and
detention.
(b) Prohibition on Transferring Persons.--No person in the custody
of a United States Government department, agency, or official may be
transferred, rendered, or returned to the custody of the government of
a country included on the most recent list submitted under subsection
(a) for the purpose of detention, interrogation, or trial.
(c) Waivers.--
(1) Authority.--The Secretary of State may waive the
prohibition contained in subsection (b) with respect to the
government of a country if the Secretary certifies to the
appropriate congressional committees that--
(A) that government has made significant,
verifiable progress in eliminating the acts of torture
or cruel, inhuman, or degrading treatment that were the
basis for the inclusion of that country on the list; or
(B) there is in place a mechanism that assures the
United States in a verifiable manner that a person
transferred, rendered, or returned will not be tortured
or subjected to cruel, inhuman, or degrading treatment
in that country, including, at a minimum, immediate,
unfettered, and continuing access, from the point of
return, to each such person by an independent
humanitarian organization.
(2) Assurances insufficient.--Written or verbal assurances
made to the United States by the government of a country that
persons in its custody will not be tortured or subjected to
cruel, inhuman, or degrading treatment, are not sufficient to
meet the requirements of paragraph (1)(B).
(d) Treaty-Based Extradition Exemption.--The prohibition contained
in subsection (b) shall not be construed to apply to the legal
extradition of a person under a bilateral or multilateral extradition
treaty if, prior to such extradition, that person has recourse to a
court in the United States of competent jurisdiction to challenge the
extradition on the basis that there are substantial grounds for
believing that the person would be in danger of being subjected to
torture or cruel, inhuman, or degrading treatment in the country
requesting such extradition. | Directs the Secretary of State to submit to the appropriate congressional committees, every six months, a list of each country where torture or degrading treatment is commonly used in interrogation and detention. Prohibits, with specified waiver authority, the transfer of a person in U.S. custody to such a country.
States that such prohibition shall not be construed to apply to the legal extradition of a person under a bilateral or multilateral extradition treaty if, prior to extradition, that person has recourse to a U.S. court to challenge the extradition on the basis that there are substantial grounds for believing that the person would be in danger of being subjected to torture or degrading treatment in the requesting country. | To prohibit the return of persons by the United States, for purposes of detention, interrogation, or trial, to countries engaging in torture or other inhuman treatment of persons. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Investment and Economic
Security Act of 2017''.
SEC. 2. REVIEW OF GREENFIELD INVESTMENTS.
Section 721(a)(3) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(a)(3)) is amended--
(1) by striking ``means any merger'' and inserting the
following: ``means--
``(A) any merger'';
(2) by striking the period and inserting ``; and''; and
(3) by adding at the end the following:
``(B) any construction of a new facility in the
United States by any foreign person.''.
SEC. 3. NET BENEFIT REVIEW.
(a) In General.--Section 721 of the Defense Production Act of 1950
(50 U.S.C. App. 2170) is amended--
(1) in subsection (b)--
(A) in the heading for such subsection, by
inserting ``and Net Benefit'' after ``National
Security'';
(B) in paragraph (1)--
(i) in the heading for such paragraph, by
inserting ``and net benefit'' after ``National
security'';
(ii) in subparagraph (A), by striking
clauses (i) and (ii) and inserting the
following:
``(i) shall--
``(I) review the covered
transaction to determine the effects of
the transaction on the national
security of the United States; and
``(II) consider the factors
specified in subsection (f) for such
purpose, as appropriate; and
``(ii) shall review the covered transaction
to determine whether such transaction is of net
benefit to the United States, as provided under
subsection (o).''; and
(iii) by adding at the end the following:
``(G) Mandatory net benefit review for certain
covered transactions.--The President and the Committee
shall initiate a net benefit review of a covered
transaction under subparagraph (A)(ii) if such
transaction meets the requirements of paragraphs (1)
and (2) of section 7A(a) of the Clayton Act (15 U.S.C.
18a(a)).''; and
(C) in paragraph (3)(A), by inserting ``national
security'' before ``review'' each place it appears in
the heading and text of such subparagraph; and
(2) by adding at the end the following:
``(o) Performance of Net Benefit Determination.--
``(1) Factors to be considered.--For purposes of carrying
out the net benefit determination under subsection
(b)(1)(A)(ii), the President, acting through the Committee,
shall consider--
``(A) the effect on the level of economic activity
in the United States on--
``(i) the level and quality of employment;
``(ii) resource processing;
``(iii) the utilization of parts and
services produced in the United States;
``(iv) the utilization of products, parts,
and services imported into the United States;
and
``(v) exports from the United States;
``(B) the effect of the proposed or pending
transaction on productivity, industrial efficiency,
technological development, technology transfers, and
product innovation in the United States;
``(C) the effect of the proposed or pending
transaction on competition within any industry in the
United States or between the United States and other
countries;
``(D) the compatibility of the proposed or pending
transaction with national industrial and economic
policies;
``(E) the effect on the public health, safety, the
environment, and well-being of United States consumers;
``(F) in the case of a covered transaction that is
a foreign government-influenced transaction--
``(i) the governance and commercial
orientation of the foreign person engaging in
such transaction;
``(ii) how and the extent to which the
foreign person engaging in such transaction is
owned or controlled by a foreign government or
its conduct and operations are influenced by a
foreign government, including considering the
stated government policies of the country of
origin of the foreign person regarding
government support or policies relating to the
economic sector involved in such transaction;
``(iii) whether the foreign person engaging
in such transaction--
``(I) adheres to United States
standards of corporate governance
(including commitments to transparency
and disclosure, independent members of
the board of directors, independent
audit committees, and equitable
treatment of shareholders);
``(II) adheres to United States
laws and practices; and
``(III) is a foreign person of a
country whose government has adequately
engaged with the Securities and
Exchange Commission and the Public
Company Accounting Oversight Board in
order to promote and ensure adequate
transparency; and
``(iv) whether the foreign person engaging
in such transaction will likely operate on a
commercial basis if such transaction is
completed, including with regard to--
``(I) where to export;
``(II) where to process;
``(III) the participation of United
States citizens in its operations in
the United States and elsewhere;
``(IV) the impact of the investment
on productivity and industrial
efficiency in the United States;
``(V) support of on-going
innovation, research, and development
in the United States;
``(VI) sourcing patterns; and
``(VII) the appropriate level of
capital expenditures to maintain the
United States business in a globally
competitive position; and
``(G) such other factors as the Committee
determines appropriate.
``(2) Determining net benefit.--In making a net benefit
determination under subsection (b)(1)(A)(ii)--
``(A) judgments will be made both in measuring the
effects of a proposed or pending transaction in
relation to the relevant individual factors under
paragraph (1) and in measuring the aggregate net effect
after offsetting the negative effects, if any, against
the positive ones; and
``(B) a proposed or pending transaction will be
determined to be of net benefit to the United States
when the aggregate net effect is positive, regardless
of its extent over the short- and long-term.
``(3) Right to appeal; final determination.--
``(A) Appeal of determination.--If the Committee
makes a determination that the covered transaction will
not be of net benefit to the United States, the parties
to the covered transaction may, within the 30-day
period following such determination, submit additional
information to the Committee to demonstrate that the
transaction will be of net benefit to the United
States.
``(B) Final determination.--The Committee shall--
``(i) make a final determination of whether
the covered transaction will be of net benefit
to the United States before the end of the 30-
day period beginning on the date that
additional information is submitted pursuant to
subparagraph (A); and
``(ii) if such determination is that the
covered transaction will not be of net benefit
to the United States, refer such determination
to the President.
``(4) Certifications to congress.--Notwithstanding
subsection (b)(3), upon a final determination by the Committee
under this subsection, the chairperson and the head of the lead
agency shall make certifications to the Congress on the net
benefit determination that are as close as practicable to the
certifications required under subsection (b)(3) for the
national security review.
``(5) Action by president after net benefit review.--
``(A) In general.--If the Committee refers a
determination to the President pursuant to paragraph
(3)(ii), the President shall, within the 15-day period
beginning on the date of such referral, review such
determination and announce whether the President
determines the covered transaction is of net benefit to
the United States.
``(B) Factors to be considered.--For purposes of
making a determination under subparagraph (A), the
President shall consider, among other factors each of
the factors described in paragraph (1), as appropriate.
``(C) Prohibition of certain transactions.--If the
President, pursuant to subparagraph (A), determines
that a covered transaction is not of net benefit to the
United States, such covered transaction is prohibited.
``(D) Enforcement.--The President shall direct the
Attorney General of the United States to seek
appropriate relief, including divestment relief, in the
district courts of the United States, in order to
implement and enforce this paragraph.
``(E) Determinations nonreviewable.--A
determination of the President under this paragraph
shall not be subject to judicial review.
``(6) Committee membership for purposes of a net benefit
determination.--For purposes of carrying out the net benefit
determination under subsection (b)(1)(A)(ii) and this
subsection, the Committee shall be composed of the following
members or the designee of any such member:
``(A) The Attorney General of the United States.
``(B) The Secretary of Commerce.
``(C) The Secretary of Labor.
``(D) The Secretary of the Treasury.
``(E) The United States Trade Representative.
``(F) The Secretary of Energy.
``(G) The Secretary of Transportation.
``(H) If the President determines that the covered
transaction may affect the agricultural sector,
including food safety, the Secretary of Agriculture.
``(I) If the President determines that the covered
transaction may affect the public health, including
food safety, the Secretary of Health and Human
Services.
``(7) Foreign government-influenced transaction defined.--
For purposes of this subsection, the term `foreign government-
influenced transaction' means any covered transaction where the
foreign person engaging in such transaction is owned,
controlled, or influenced, directly or indirectly, by a foreign
government.''.
(b) Rulemaking.--Not later than the end of the 180-day period
beginning on the date of the enactment of this Act, the President shall
issue regulations to carry out section 721(o) of the Defense Production
Act of 1950, as added by subsection (a).
SEC. 4. ADDITIONAL REVISIONS TO DEFINITIONS.
Section 721(a) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(a)) is amended--
(1) in paragraph (4)--
(A) by striking ``by a foreign government'' and
inserting the following: ``by--
``(A) a foreign government'';
(B) by striking the period and inserting ``; or'';
and
(C) by adding at the end the following:
``(B) a person with access, directly or indirectly,
to below-market loans or other financing from a foreign
government.''; and
(2) in paragraph (6)--
(A) by striking ``virtual, so vital'' and inserting
the following: ``virtual--
``(A) so vital'';
(B) by striking the period and inserting ``; or'';
and
(C) by adding at the end the following:
``(B) in a critical infrastructure sector, as
determined by the Secretary of Homeland Security
pursuant to the Presidential Policy Director titled
`Presidential Policy Directive--Critical Infrastructure
Security and Resilience' (Feb. 12, 2013).''. | Foreign Investment and Economic Security Act of 2017 This bill amends the Defense Production Act of 1950 to provide for: (1) national security reviews of transactions involving the construction of a new facility in the United States by any foreign person (currently, national security reviews are conducted only for certain mergers, acquisitions, or takeovers by or with a foreign person); and (2) net U.S. benefit reviews of new construction, mergers, acquisitions, or takeovers by or with a foreign person. The bill makes net benefit reviews mandatory for transactions that meet specified Clayton Act requirements. The Committee on Foreign Investment in the United States (CFIUS) shall consider a transaction's effect on: (1) employment, resource processing, utilization of parts and services produced in or imported into the United States, and exports; (2) industrial efficiency, technological development, technology transfers, and product innovation; (3) domestic or foreign competition; (4) compatibility with national industrial and economic policies; and (5) public health, safety, and the environment. In the case of a net benefit determination concerning a foreign government-influenced transaction, the CFIUS must consider: the governance and commercial orientation of the foreign person engaging in such transaction; the extent to which the foreign person is owned, controlled, or influenced by the foreign government; and adherence to U.S. law and corporate governance standards, engagement of the foreign country with the Securities and Exchange Commission and the Public Company Accounting Oversight Board, and the likelihood of commercial operation. The bill prohibits transactions that the President determines are not of net U.S. benefit and bars judicial review of such determinations. The bill also revises the composition of the CFIUS for the purpose of carrying out net benefit determinations. The term "foreign government-controlled transaction" is revised to include a person with access to below-market loans or other financing from a foreign government. | Foreign Investment and Economic Security Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Manufacturing and
Rebuilding Transit Act of 2011'' or the ``SMART Act''.
SEC. 2. PREFERENCE IN AWARDING COMPETITIVE TRANSPORTATION
INFRASTRUCTURE GRANTS.
(a) Preference.--In awarding grants for projects that include the
purchase of transit vehicle rolling stock, rail, and supporting
equipment, the Secretary of Transportation shall give preference to a
project if the manufactured goods to be purchased have a domestic
content percentage that--
(1) exceeds otherwise applicable Federal requirements; and
(2) in the case of rolling stock, is consistent with
industry-recognized standards, if available.
(b) Covered Grants.--The grants referred to in subsection (a) are
discretionary or competitive grants, loans, loan guarantees, and lines
of credit--
(1) authorized under chapter 53 of title 49, United States
Code;
(2) used to fund in full or in part projects eligible for
Federal assistance under such chapter; or
(3) provided by the Department of Transportation for
entities eligible for financial assistance under chapter 53 of
title 49, United States Code.
SEC. 3. INCREASING THE TRANSPARENCY OF DOMESTIC CONTENT WAIVERS.
(a) Clarity in Domestic Content Regulations.--The Secretary of
Transportation shall establish a centralized Web site that provides
rules and guidance, waiver notices, and departmental and agency actions
applicable to the domestic content standards of the Federal-aid
programs within the jurisdiction of the Department of Transportation.
(b) Transparency in Waivers.--
(1) Public transportation assistance.--Section 5323(j) of
title 49, United States Code, is amended--
(A) in paragraph (2)(C)(i), by inserting
``(excluding labor costs involved in final assembly)''
after ``United States'';
(B) by striking paragraph (4);
(C) by redesignating paragraph (5) as paragraph
(4); and
(D) by inserting after paragraph (4), as
redesignated, the following:
``(5) Limitations on Waivers.--
``(A) Requests for waivers.--Not later than 7 days after
the Secretary receives a written request for a waiver of any
requirement under this subsection or section
5307(d)(1)(E)(iii), the Secretary shall--
``(i) publish the request on a publicly available
agency Web site in an easily identifiable location; and
``(ii) provide the public with at least 30 days for
notice and comment before issuing the requested waiver.
``(B) Waivers granted.--Not later than 30 days after the
Secretary decides to waive any requirement under this
subsection or section 5307(d)(1)(E)(iii), the Secretary shall
publish the decision and the justification for such decision in
the Federal Register and on the publicly available Web site
described in subparagraph (A).
``(C) Notification of the office of management and
budget.--If the Secretary grants a waiver of any requirement
under this subsection or section 5307(d)(1)(E)(iii), the
Secretary shall submit to the Director of the Office of
Management and Budget--
``(i) a notification of the application of the
exception; and
``(ii) a statement describing the procurement and
the exception being applied.''.
(2) Amtrak.--Section 24305(f) of title 49, United States
Code, is amended--
(A) in paragraph (4), by striking ``exempt Amtrak
from this subsection'' and inserting ``waive paragraph
(2)''; and
(B) by adding at the end the following:
``(5) Limitations on Waivers.--
``(A) Requests for waivers.--Not later than 7 days after
the Secretary of Transportation receives a written request for
a waiver of paragraph (2), the Secretary shall--
``(i) publish the request on a publicly available
agency Web site in an easily identifiable location; and
``(ii) provide the public with at least 30 days for
notice and comment before issuing the requested waiver.
``(B) Waivers granted.--Not later than 30 days after the
Secretary decides to waive paragraph (2), the Secretary shall
publish the decision and the justification for such decision in
the Federal Register and on the publicly available Web site
described in subparagraph (A).
``(C) Notification of the office of management and
budget.--If the Secretary grants a waiver of paragraph (2), the
Secretary shall submit to the Director of the Office of
Management and Budget--
``(i) a notification of the application of the
exception; and
``(ii) a statement describing the procurement and
the exception being applied.''.
(3) Intercity passenger rail service.--Section 24405(a) of
title 49, United States Code, is amended--
(A) by redesignating paragraphs (7) through (11) as
paragraphs (8) through (12), respectively; and
(B) by inserting after paragraph (6) the following:
``(7) Limitations on Waivers.--
``(A) Requests for waivers.--Not later than 7 days after
the Secretary of Transportation receives a written request for
a waiver of any requirement under this subsection, the head of
such agency shall--
``(i) publish the request on a publicly available
agency Web site in an easily identifiable location; and
``(ii) provide the public with a minimum of 30 days
for notice and comment before issuing the requested
waiver.
``(B) Waivers granted.--Not later than 30 days after the
Secretary decides to waive any requirement under this
subsection, the Secretary shall publish the decision and the
justification for such decision in the Federal Register and on
the publicly available Web site described in subparagraph (A).
``(C) Notification of the office of management and
budget.--If the Secretary grants a waiver of any requirement
under this subsection, the Secretary shall submit to the
Director of the Office of Management and Budget--
``(i) a notification of the application of the
exception; and
``(ii) a statement describing the procurement and
the exception being applied.''.
SEC. 4. REQUIREMENT FOR ANNUAL REPORTING ON EXCEPTIONS TO DOMESTIC
SOURCE REQUIREMENTS FOR TRANSPORTATION INVESTMENTS.
(a) In General.--Not later than 60 days after the end of a fiscal
year, the Inspector General of the Department of Transportation shall
submit a report to Congress on the acquisitions supported by Federal
transportation infrastructure investments which did not satisfy
applicable domestic content standards.
(b) Contents of Report.--The report submitted under subsection (a)
shall include, for the fiscal year covered by such report--
(1) the number of all domestic content waivers issued for
transportation infrastructure, rolling stock, and supporting
equipment purchases;
(2) the countries and specifications of the products for
which waivers were granted;
(3) an itemized list of all waivers granted with respect to
articles, materials, and supplies;
(4) any law that requires procurement of goods from a
domestic source;
(5) a citation to the treaty, international agreement, or
other law under which each waiver was granted, if applicable;
(6) the specific exception under the applicable domestic
content standards that was used to purchase such articles,
materials, or supplies, if any articles, materials, or supplies
were acquired from entities that manufacture articles,
materials, or supplies outside of the United States; and
(7) a summary of--
(A) the total procurement funds expended on
articles, materials, and supplies manufactured inside
the United States; and
(B) the total procurement funds expended on
articles, materials, and supplies manufactured outside
of the United States. | Strengthening Manufacturing and Rebuilding Transit Act of 2011 or SMART Act - Requires the Secretary of Transportation (DOT) to give preference to the award of discretionary or competitive grants, loans, loan guarantees, and lines of credit to transportation infrastructure projects, including the purchase of transit vehicle rolling stock, rail, and supporting equipment, in which manufactured goods to be purchased have a domestic content percentage that: (1) exceeds applicable federal requirements; and (2) in the case of rolling stock, is consistent with industry-recognized standards, if available.
Directs the Secretary to establish a centralized website that provides rules and guidance, waiver notices, and agency actions of the domestic content (Buy America) standards for DOT federal-aid programs.
Requires the Secretary to subject to public notice and comment any request for waiver, and to publication in the Federal Register and notification to Director of the Office of Management and Budget (OMB) of any waiver, of Buy America requirements involving: (1) public transportation projects, (2) AMTRAK acquisition and maintenance of equipment and facilities, and (3) intercity passenger rail service corridor capital assistance projects.
Directs the DOT Inspector General to report annually to Congress on acquisitions funded by federal transportation infrastructure investments that do not comply with Buy American requirements. | A bill to improve domestic procurement policies by providing rules and guidance, waiver notices, and departmental and agency actions applicable to the domestic content standards of Federal grants administered by the Department of Transportation, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disability Integration and
Coordination Improvement Act''.
SEC. 2. OFFICE OF DISABILITY INTEGRATION AND COORDINATION.
Section 513 of the Homeland Security Act of 2002 (6 U.S.C. 321b) is
amended--
(1) in subsection (b), by striking ``and'' after the
semicolon at the end of paragraph (1), by redesignating
paragraph (11) as paragraph (12), and by inserting after
paragraph (10) the following new paragraph:
``(11) serving as the Director of the Office of Disability
Integration and Coordination established under subsection (c);
and''; and
(2) by adding at the end the following new subsection:
``(c) Office of Disability Integration and Coordination.--
``(1) In general.--The Administrator shall establish within
the Agency the Office of Disability Integration and
Coordination (in this subsection referred to as the `Office').
``(2) Mission.--The Administrator shall, in consultation
with the National Council on Disability, State, local, and
tribal governments, private sector entities, and
nongovernmental organizations, including faith-based and other
community humanitarian relief entities, use the Office to
implement strategies and activities in support of the
responsibilities of the Disability Coordinator under this
section and as assigned by other provisions of law or by the
Administrator.
``(3) Staffing.--The Disability Coordinator--
``(A) subject to subparagraph (B), shall maintain
staffing levels of the Office that are commensurate
with the current and projected workload;
``(B) shall maintain not less than 10 full-time,
permanent personnel of the headquarters office of the
Agency who are properly trained to implement the
Office's mission, and who shall be assigned to the
Regional Offices as necessary; and
``(C) shall periodically evaluate the staffing
levels of the headquarters office of the Agency.
``(4) Performance measures.--The Administrator, in
coordination with the Disability Coordinator and in
consultation with the National Council on Disability, State,
local, and tribal governments, private sector entities, and
nongovernmental organizations, including faith-based and other
community humanitarian relief entities, shall establish
performance measures for the Office that are specific,
measurable, achievable, and relevant, including but not limited
to--
``(A) ensuring the timely development, update,
integration, and dissemination of information,
including policy guidance, training materials, and
other planning tools for State, local, and tribal
government officials and other appropriate
stakeholders; and
``(B) ensuring the integration of people with
disabilities into emergency, preparedness, protection,
mitigation, evacuation, sheltering, transition,
resiliency, and recovery plans.''.
SEC. 3. ASSESSMENT OF PEOPLE WITH DISABILITIES REGISTRIES.
(a) General.--The Administrator, subject to the availability of
appropriations, shall enter into a contract with the National Academy
of Public Administration within 60 days after the date of enactment of
this Act to--
(1) conduct an assessment of the efficacy of State, local,
and tribal governments' and nonprofits' registries of people
with disabilities to guide planning and preparedness during
local, State, and national disasters or emergencies resulting
from a natural disaster, an act of terrorism, or other man-made
disaster; and
(2) provide recommendations for establishing a Federal
disabilities registry.
(b) Study Goals.--The study shall--
(1) review national trends of State, local, and tribal
governments' use of such registries;
(2) provide a comparative analysis, including costs, of the
sampling of such registries;
(3) determine the effectiveness of such registries for
implementing emergency planning, evacuation, and recovery plans
related to sheltering needs for people with disabilities during
disasters and emergencies resulting from a natural disaster, an
act of terrorism, or other man-made disaster;
(4) review best practices from State, local, and tribal
governments that have adopted a registry plan; and
(5) provide recommendations for implementation of a Federal
disabilities registry.
(c) Final Report.--The National Academy of Public Administration
shall--
(1) submit the findings of the study to the Committee on
Homeland Security of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of the
Senate, and the Administrator of the Federal Emergency
Management Agency not later than 12 months after the contract
is awarded; and
(2) periodically brief Congress on the progress of the
study. | Disability Integration and Coordination Improvement Act - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) establish an Office of Disability Integration and Coordination; (2) use such Office to implement strategies and activities in support of the responsibilities of the Disability Coordinator, who shall serve as the Director of the Office. and (3) establish specific, measurable, achievable, and relevant performance measures for the Office, including to ensure the integration of people with disabilities into emergency, preparedness, protection, mitigation, evacuation, sheltering, transition, resiliency, and recovery plans.
Directs the Administrator to contract with the National Academy of Public Administration to: (1) conduct an assessment of the efficacy of state, local, and tribal governments' and nonprofits' registries of people with disabilities to guide planning and preparedness during local, state, and national disasters or emergencies resulting from a natural disaster, an act of terrorism, or other man-made disaster; and (2) provide recommendations for establishing a federal disabilities registry. | To amend the Homeland Security Act of 2002 to establish the Office of Disability Integration and Coordination within the Federal Emergency Management Agency, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Violence Control Act''.
TITLE I--COP-KILLER BULLETS
SEC. 101. REGULATION OF THE MANUFACTURE, IMPORTATION, AND SALE OF
PROJECTILES THAT MAY BE USED IN A HANDGUN AND ARE CAPABLE
OF PENETRATING POLICE BODY ARMOR.
(a) Expansion of Definition of Armor Piercing Ammunition.--Section
921(a)(17)(B) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) a projectile that may be used in a handgun and that
the Secretary determines, pursuant to section 926(d), to be
capable of penetrating body armor.''.
(b) Determination of the Capability of Projectiles to Penetrate
Body Armor.--Section 926 of such title is amended by adding at the end
the following:
``(d)(1) The Secretary shall determine whether a projectile is
capable of penetrating body armor, in accordance with regulations
prescribed by the Secretary not later than 1 year after the date of the
enactment of this subsection. Such regulations shall provide for
uniform testing of projectiles against the Body Armor Exemplar, based
on standards developed in cooperation with the Attorney General of the
United States. Such standards shall take into account, among other
factors, variations in performance that are related to the length of
the barrel of the handgun from which the projectile is fired and the
amount and kind of powder used to propel the projectile.
``(2) As used in paragraph (1), the term `Body Armor Exemplar'
means body armor that the Secretary, in cooperation with the Attorney
General of the United States, determines meets minimum standards for
protection of law enforcement officers.''.
TITLE II--DOMESTIC VIOLENCE
SEC. 201. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
``(33) The term `crime involving domestic violence' means a crime
of violence (as defined in section 16) committed by a current or former
spouse, parent, or guardian of the victim, by a person with whom the
victim shares a child in common, by a person who is cohabitating with
or has cohabitated with the victim as a spouse, parent, or guardian, or
by a person similarly situated to a spouse, parent, or guardian of the
victim under the domestic or family violence laws of the jurisdiction
in which such crime of violence was committed.''.
SEC. 202. UNLAWFUL ACTS.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``or'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; or''; and
(C) by inserting after paragraph (8) the following:
``(9) is under indictment for, or has been convicted in any
court of, a crime involving domestic violence.''; and
(2) in subsection (g)--
(A) by striking ``or'' at the end of paragraph (7);
(B) by striking the comma at the end of paragraph
(8) and inserting ``; or''; and
(C) by inserting after paragraph (8) the following:
``(9) who is under indictment for, or has been convicted in
any court, of a crime involving domestic violence,''.
SEC. 203. RULES AND REGULATIONS.
Section 926(a) of title 18, United States Code, is amended by
striking ``(d)(8) or (g)(8)'' and inserting ``(d)(8), (d)(9), (g)(8),
or (g)(9)''.
SEC. 204. ADMINISTRATIVE RELIEF FROM CERTAIN FIREARM PROHIBITIONS.
(a) In General.--Section 925(c) of title 18, United States Code, is
amended--
(1) in the 1st sentence, by inserting ``(other than a
person convicted of a crime involving domestic violence)''
before ``who is prohibited'';
(2) in the 4th sentence--
(A) by inserting ``person (other than a person
convicted of a crime involving domestic violence) who
is a'' before ``licensed importer''; and
(B) by striking ``his'' and inserting ``the
person's''; and
(3) in the 5th sentence, by striking ``he'' and inserting
``the Secretary''.
(b) Applicability.--The amendments made by subsection (a) shall
apply to--
(1) applications for administrative relief and actions for
judicial review that are pending on the date of the enactment
of this Act; and
(2) applications for administrative relief filed, and
actions for judicial review brought, after the date of the
enactment of this Act. | TABLE OF CONTENTS:
Title I: Cop-Killer Bullets
Title II: Domestic Violence
Gun Violence Control Act -
Title I: Cop-Killer Bullets
- Amends the Federal criminal code to expand the definition of "armor piercing ammunition" to include a projectile that may be used in a handgun and that the Secretary of the Treasury determines to be capable of penetrating body armor. Requires the Secretary to determine whether a projectile is capable of penetrating body armor in accordance with regulations providing for uniform testing of such projectiles against Body Armor Exemplar standards for protection of law enforcement officers.
Title II: Domestic Violence
- Defines "crime involving domestic violence" as a crime of violence committed by a current or former spouse, parent, or guardian (spouse) of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, or by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which such crime was committed.
Prohibits persons under indictment for, or convicted in any court of, a crime involving domestic violence from: (1) selling or otherwise disposing of any firearm or ammunition to specified classes of individuals, such as drug addicts and illegal aliens; or (2) possessing or shipping or transporting in interstate or foreign commerce any firearm or ammunition; or (3) receiving any firearm or ammunition which has been so shipped or transported.
Authorizes the Secretary to prescribe regulations providing for effective receipt and secure storage of firearms relinquished by or seized from such persons.
Excludes persons convicted of a crime involving domestic violence from administrative relief from certain firearm prohibitions. | Gun Violence Control Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Snowmobile
Restrictions Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) President Nixon in 1972 issued Executive Order 11644
establishing standards on snowmobile use on public lands,
including the requirements that snowmobile use in a national
park be permitted only when the National Park Service
determines that such use will not adversely affect the park's
natural, aesthetic, or scenic values, and that the National
Park Service monitor the impacts of any such use in a national
park to assure compliance with those standards.
(2) President Carter in 1977 issued Executive Order 11989
establishing additional standards on snowmobile use on public
lands, including the requirements that the National Park
Service, whenever it determines that any such use is causing
considerable adverse effects on the natural resources of a
national park, immediately halt the use or otherwise take steps
to prevent those effects.
(3) In compliance with these Executive Orders, the National
Park Service in 1983 issued regulations (section 2.18 of title
36, Code of Federal Regulations) providing in part the
following: ``Snowmobiles are prohibited except where designated
and only when their use is consistent with the park's natural,
cultural, scenic and aesthetic values, safety considerations,
park management objectives, and will not disturb wildlife or
damage park resources.''.
(4) Pursuant to these general regulations, the National
Park Service has issued special regulations designating routes
on which snowmobiles may travel in 41 units of the National
Park System.
(5) A survey the National Park Service conducted in 1999-
2000 on snowmobile use in units of the National Park System
revealed that--
(A) with respect to most of the units in which
snowmobile use occurs, the Service had never made a
determination that such use would be consistent with
the requirements of Executive Orders 11644 and 11989
and its own general snowmobile regulations;
(B) snowmobile use was occurring in two units for
which no routes had been designated for such use by
special regulations, and, in other units, snowmobile
use was occurring on routes which had not been
designated for that use by special regulations;
(C) in most units in which snowmobile use occurs,
the Service had not conducted and was not conducting
the monitoring required by Executive Order 11644 of the
impacts of that snowmobile use; and
(D) snowmobile use in many units was causing
impacts inconsistent with the standards of Executive
Orders 11644 and 11989 and the general snowmobile
regulations.
(6) In April 2000, to come into compliance with the
requirements of Executive Orders 11644 and 11989 and the
general snowmobile regulations, the National Park Service
announced that it--
(A) had determined that, in most instances,
recreational use of snowmobiles is not an appropriate
use in units of the National Park System; and
(B) was initiating a process to adopt new
requirements to limit snowmobile use in units of the
National Park System (other than units in the State of
Alaska and Voyageurs National Park) to short routes
providing access to adjacent public lands open to
recreational snowmobile use and to routes providing
necessary access to private property within or adjacent
to such units.
(7) In November 2000, based on a final environmental impact
statement on a winter use plan for Yellowstone National Park,
Grand Teton National Park, and the John D. Rockefeller, Jr.,
Memorial Parkway and on other studies and information, the
National Park Service adopted a record of decision determining
that the snowmobile use occurring in those parks is causing
impacts that are inconsistent with--
(A) Executive Orders 11644 and 11989 and the
general snowmobile regulations;
(B) the requirements of the Clean Air Act (42
U.S.C. 7401 et seq.); and
(C) the requirement of the first section of the Act
of August 25, 1916 (16 U.S.C. 1; commonly known as the
National Park Service Organic Act) that the Service
manage units of the National Park System ``in such
manner and by such means as will leave them unimpaired
for the enjoyment of future generations''.
(8) In January 2001, to implement the record of decision
referred to in paragraph (7), the National Park Service adopted
final regulations amending part 7 of title 36, Code of Federal
Regulations, to phase out by the winter of 2003-2004 all
snowmobile use in Yellowstone National Park and the John D.
Rockefeller, Jr., Memorial Parkway and most snowmobile use in
Grand Teton National Park, as published in the Federal Register
on January 22, 2001 (66 Fed. Reg. 7260).
(9) The new regulations referred to in paragraph (8) or
other regulations under consideration by the National Park
Service to restrict snowmobile use in units of the National
Park System do not apply to other Federal lands, where the
overwhelming majority of the snowmobile use occurring on
Federal lands takes place and will be able to continue to take
place.
SEC. 3. RESTRICTIONS ON SNOWMOBILE USE IN THE NATIONAL PARK SYSTEM.
(a) Definitions.--In this section:
(1) National park.--The term ``national park'' means a unit
of the National Park System.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the National Park Service.
(b) General Prohibition.--The use of snowmobiles in a national park
is prohibited except on a designated route described in subsection (c)
and only when the Secretary determines that the use of snowmobiles is
consistent with the park's natural, cultural, scenic, and aesthetic
values, safety considerations, and park management objectives, and will
not disturb wildlife or damage park resources.
(c) Designated Routes.--A designated route referred to in
subsection (b) is any snowmobile route designated by regulation issued
by the Secretary after January 1, 2001 (including those routes
designated with respect to Grand Teton National Park by paragraphs (10)
and (12) of section 7.22(g) of title 36, Code of Federal Regulations,
as published in the Federal Register on January 22, 2001 (66 Fed. Reg.
7260), subject to any subsequent amendment of such designations), but
only if the designated route--
(1) is authorized for use by motor vehicles or motorboats
during other seasons; and
(2) provides reasonable and direct public access by
snowmobile--
(A) to public lands that are adjacent to or in the
immediate vicinity of the national park and are open to
public snowmobile use; or
(B) to private property within, adjacent to, or in
the immediate vicinity of the national park by the
owners of the private property and their
representatives and invitees, when that snowmobile
access is the only practical means of winter access to
the private property.
(d) Monitoring.--Whenever snowmobile use is permitted in a national
park, the Secretary shall ensure that the impacts of that use are
monitored to assure that it is consistent with the standards specified
in subsection (b). If the Secretary determines that the use is not
consistent with those standards, the Secretary shall immediately
curtail or halt the use or take other steps as necessary to ensure
consistency with those standards.
(e) Exceptions.--
(1) Exception for certain parks.--Subsections (b), (c), and
(d) do not apply to any national park in Alaska and to
Voyageurs National Park.
(2) Exception to certain uses.--Subsections (b), (c), and
(d) do not apply to--
(A) the use of snowmobiles by the National Park
Service and its contractors and agents, if the
Secretary determines that such use is essential for the
management of a national park; and
(B) the use of snowmobiles in emergency situations,
as determined by the superintendent of the national
park.
(f) Effective Dates.--This Act takes effect beginning with the
winter of 2003-2004 with respect to Yellowstone National Park, Grand
Teton National Park, and the John D. Rockefeller, Jr., Memorial
Parkway, and beginning with the winter of 2002-2003 with respect to
other national parks. | National Park Snowmobile Restrictions Act of 2001 - Prohibits the use of snowmobiles in a National Park System unit, except: (1) on a route designated by the Secretary of the Interior, acting through the National Park Service (NPS), after January 1, 2001 (including those routes designated with respect to Grand Teton National Park); and (2) when the Secretary determines that such use is consistent with certain park values, safety considerations, and park management objectives, and will not disturb wildlife or damage park resources. Excludes from such restrictions: (1) national parks in Alaska and the Voyageurs National Park; (2) the use of snowmobiles by the NPS and its contractors and agents, if such use is essential for park management; and (3) the use of snowmobiles in emergency situations, as determined by the superintendent of the national park. | To restrict the use of snowmobiles in units of the National Park System. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian Restoration of Democracy Act
of 1994''.
SEC. 2. STATEMENT OF UNITED STATES POLICY.
It is the policy of the United States to support the restoration of
democracy in Haiti and the return to office of Jean-Bertrand Aristide,
the duly elected President of Haiti.
SEC. 3. CONGRESSIONAL STATEMENT.
(a) Human Rights Observers.--The Congress strongly urges the
President to take such steps as are necessary to facilitate the return
to Haiti of a full contingent of human rights observers under the
auspices of the United Nations or the Organization of American States.
(b) Multinational Border Patrol.--Subject to the request of the
democratically elected President of Haiti Jean-Bertrand Aristide, the
Congress strongly urges President Clinton to take all available
measures to effect the deployment of a multinational border patrol
between the Dominican Republic and Haiti which will be fully equipped
in terms of personnel and equipment to halt cross-border violations of
sanctions against Haiti imposed by the United States and other
countries.
(c) Multilateral Socioeconomic and Peacekeeping Assistance.--The
Congress reaffirms the unwavering commitment of the United States to
support multilateral socioeconomic and peacekeeping assistance to Haiti
upon the return to power of the democratically elected President of
Haiti and the removal of Haiti's military high command.
SEC. 4. SANCTITY OF GOVERNORS ISLAND AGREEMENT.
(a) In General.--Subject to subsection (b) and notwithstanding any
other provision of law, no officer or employee of the United States
shall attempt, directly or indirectly, to amend, reinterpret, or
nullify the Governors Island Agreement.
(b) Exception.--Subsection (a) shall not apply to the October 30,
1993, deadline for the return to power of the democratically elected
President of Haiti, Jean-Bertrand Aristide.
SEC. 5. TERMINATION OF BILATERAL MIGRANT INTERDICTION AGREEMENT.
The President shall notify the Government of Haiti immediately of
the intention of the United States Government to terminate the
agreement between the United States and Haiti relating to migrant
interdiction effected by the exchange of notes signed at Port-au-Prince
on September 23, 1981 (33 U.S.T. 3559; T.I.A.S. 6577).
SEC. 6. ADHERENCE TO INTERNATIONAL LAW REQUIREMENT OF NONREFOULEMENT
WITH RESPECT TO HAITI.
(a) Obligations Outside the United States.--No officer or employee
of the United States may return, cause to be returned, or affect the
movement in any manner which results in returning, to Haiti a national
or habitual resident of Haiti, who is outside the territorial
boundaries of Haiti, without the individual's consent, unless the
President first determines, in a manner that incorporates procedural
safeguards consistent with internationally endorsed standards and
guidelines, that such individual is not a refugee.
(b) Obligations Within the Territorial Waters of Haiti.--No officer
or employee of the United States may return, cause to be returned, or
affect the movement in any manner which results in returning, to the
land territory of Haiti a national or habitual resident of Haiti, who
is within the territorial waters of Haiti, without the individual's
consent, unless the President first determines, in a manner that
incorporates procedural safeguards consistent with internationally
endorsed standards and guidelines, that if that individual were outside
the territorial boundaries of Haiti such individual would not be a
refugee.
(c) Exceptions.--The provisions of this section do not apply to a
national or habitual resident of Haiti if--
(1) such individual ordered, incited, assisted, or
otherwise participated in the persecution of any person on
account of race, religion, nationality, membership in a
particular social group, or political opinion; or
(2) such individual, having been convicted by a final
judgment of an aggravated felony (as defined in section
101(a)(43) of the Immigration and Nationality Act), constitutes
a danger to the community of the United States.
(d) Prohibition on Use of Funds.--No funds available to any
department, agency, or other entity of the United States Government may
be used in violation of subsection (a) or (b).
(e) Refugee Defined.--For purposes of this section, the term
``refugee'' means a person who--
(1) is a refugee under Article 1 of the Convention Relating
to the Status of Refugees (done at Geneva, July 28, 1951), as
applied under Article I of the United National Protocol
Relating to the Status of Refugees (done at New York, January
31, 1967); or
(2) is designated as a refugee for purposes of Article 33
of the Convention Relating to the Status of Refugees.
(f) Rule of Construction.--Nothing in this section may be
construed--
(1) to impose new obligations on the Government of the
United States in its treatment of nationals and habitual
residents of Haiti at United States diplomatic missions and
consular posts in a foreign country; or
(2) to constitute authority for conducting operations by
the United States Government within the territorial waters of
Haiti or any other country.
SEC. 7. SANCTIONS AGAINST HAITI.
(a) Prohibiting Assistance and Certain Other Transactions Involving
Haiti.--(1) The following are prohibited:
(A) The grant or extension of credits or loans by any
United States person to the unelected military rulers of Haiti,
its instrumentalities, and controlled entities.
(B) The importation into the United States of any goods or
services of Haitian origin other than publications and material
imported for news publications or news broadcast dissemination.
(C) The exportation to Haiti of any goods, technology
(including technical data or other information), or services
from the United States, except publications, food, medicine,
medical supplies, and donations of articles intended to relieve
human suffering such as clothing and temporary housing.
(D) The purchase by any United States person of any goods
for export from Haiti to any country.
(E) The performance by any United States person of any
contract in support of an industrial or other commercial or
governmental project in Haiti.
(2) Compliance with the export sanctions of this subsection shall
be carried out in accordance with section 12 of the Export
Administration Act of 1979 and a violation of any such section shall be
considered to be a violation of such Act for purposes of section 11 of
such Act (relating to the imposition of criminal and civil penalties).
(b) Prohibition of Certain Air Transport Involving Haiti.--The
following are prohibited:
(1) Any transaction by a United States person relating to
air transportation to or from Haiti.
(2) The provision of transportation to or from the United
States by aircraft of Haitian registration.
(3) The sale in the United States by any person holding
authority under the Federal Aviation Act of 1958 of any
transportation by air which includes any stop in Haiti.
(c) Sanctions Against Other Countries.--(1) If the President
determines that a foreign country is not cooperating with United States
sanctions against Haiti under this Act or with applicable sanctions
against Haiti imposed by the United Nations and the Organization of
American States, effective 60 days after such determination no United
States assistance may be provided to such foreign country.
(2) If the President makes a determination under paragraph (1)--
(A) the President shall impose at least one other penalty
or sanction which the President considers to be appropriate
under the International Emergency Economic Powers Act; and
(B) the President may impose such other sanctions and
penalties under the International Emergency Economic Powers Act
as the President considers appropriate.
(3) For the purpose of this subsection, the term ``United States
assistance'' means assistance of any kind which is provided by grant,
sale, loan, lease, credit, guaranty, or insurance, or by any other
means, by any agency or instrumentality of the United States
Government, including--
(A) assistance under the Foreign Assistance Act of 1961;
and
(B) sales, credits, and guaranties under the Arms Export
Control Act.
(d) Sanctions by Other Countries.--The President shall direct the
United States Permanent Representative to the United Nations to assume
a leadership role within the United Nations Security Council to ensure
that sanctions against Haiti unilaterally imposed by the United States
under this Act are adopted by the international community.
(e) Termination of Sanctions.--The provisions of this section shall
terminate on the date the President certifies to the Congress that the
democratically elected President of Haiti has been reinstated and
Haiti's military high command has met its obligations under the
Governors Island Agreement.
(f) Definition.--For purposes of this section, the term ``United
States person'' means any United States resident or national (other
than an individual resident outside the United States and employed by
other than a United States person), any domestic concern (including any
permanent domestic establishment of any foreign concern), and any
foreign subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled in fact by
such domestic concern, as determined under regulations of the
President.
SEC. 8. TEMPORARY PROTECTED STATUS FOR HAITIANS.
(a) In General.--Haiti shall be deemed to be a designated foreign
state for purposes of section 244A(b) of the Immigration and
Nationality Act (8 U.S.C. 1254a(b)), subject to the provisions of this
section.
(b) Eligible Haitians.--Any alien--
(1) who is a national of Haiti and is present in the United
States or in the custody or control of the United States
(including Guantanamo Bay, Cuba, and any other vessel or
facility of the United States Government) at any time during
the period described in subsection (c) of this section;
(2) who is not an alien designated under section 9(b) or
10(b) of this Act;
(3) who meets the requirements of section
244A(c)(1)(A)(iii) of the Immigration and Nationality Act; and
(4) who, during the period described in subsection (c) of
this section, registers for temporary protected status to the
extent and in a manner which the Attorney General establishes,
shall be granted temporary protected status for the duration of that
period in accordance with section 244A(a)(1) of the Immigration and
Nationality Act to the extent that such section is not inconsistent
with this section.
(c) Period of Designation.--The designation pursuant to subsection
(a) shall be in effect during the period beginning on the date of
enactment of this Act and ending on the date on which the President
certifies to the Congress that the democratically elected President of
Haiti has been reinstated and Haiti's military high command has met its
obligations under the Governors Island Agreement. Subsections (b)(2)
and (b)(3) of section 244A of the Immigration and Nationality Act shall
not apply with respect to the designation pursuant to subsection (a) of
this section.
SEC. 9. CERTAIN HAITIANS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM
ADMISSION.
(a) Exclusion.--During the period specified in subsection (c), an
alien designated under subsection (b) shall be ineligible to receive
any visa and shall be excluded from admission into the United States.
(b) Designated Alien.--An alien designated under this subsection is
any alien who--
(1) is a national of Haiti; and
(2)(A) is a member of the Haitian military;
(B) provided financial or other material support for, or
directly assisted, the military coup of September 30, 1991,
which overthrew the democratically elected Haitian Government
of President Jean-Bertrand Aristide;
(C) provided financial or other material support for, or
directly participated in, terrorist acts against the Haitian
people during any period after such coup; or
(D) contributed to the obstruction of United Nations
Security Council Resolutions 841 and 843 (1993), the Governors
Island Agreement, or the activities of the United Nations
mission in Haiti.
(c) Period of Exclusion.--The period of exclusion specified in this
subsection begins on the date of the enactment of this Act and ends on
the date on which the President certifies to the Congress that the
democratically elected President of Haiti has been reinstated and
Haiti's military high command has met its obligations under the
Governors Island Agreement.
SEC. 10. BLOCKING OF ASSETS OF CERTAIN HAITIANS.
(a) Blocking of Assets.--During the period specified in subsection
(c), all property and interests in property of aliens designated under
subsection (b) that are in the United States, that hereafter come
within the United States, or that are or hereafter come within the
possession or control of United States persons (including overseas
branches of United States persons), are blocked.
(b) Designated Alien.--An alien designated under this subsection is
any alien who--
(1) is a national of Haiti; and
(2)(A) is a member of the Haitian military;
(B) provided financial or other material support for, or
directly assisted, the military coup of September 30, 1991,
which overthrew the democratically elected Haitian Government
of President Jean-Bertrand Aristide;
(C) provided financial or other material support for, or
directly participated in, terrorist acts against the Haitian
people during any period after such coup; or
(D) contributed to the obstruction of United Nations
Security Council Resolutions 841 and 843 (1993), the Governors
Island Agreement, or the activities of the United Nations
mission in Haiti.
(c) Period of Blocked Assets.--The period of blocked assets
specified in subsection (a) begins on the date of the enactment of this
Act and ends on the date on which the President certifies to the
Congress that the democratically elected President of Haiti has been
reinstated and Haiti's military high command has met its obligations
under the Governors Island Agreement.
SEC. 11. DEFINITION.
For purposes of this Act, the term ``Governors Island Agreement''
refers to the Agreement of Governors Island between the President of
the Republic of Haiti and the Commander-in-Chief of the Armed Forces of
Haiti, signed July 3, 1993. | Haitian Restoration of Democracy Act of 1994 - Supports the restoration of democracy in Haiti and the return to office of Jean-Bertrand Aristide, the elected President of Haiti.
Urges the President to: (1) facilitate the return to Haiti of a full contingent of human rights observers; and (2) subject to the request of Aristide, effect the deployment of a multinational border patrol between the Dominican Republic and Haiti to halt cross-border violations of sanctions against Haiti imposed by the United States and other countries.
Supports multilateral socieconomic and peacekeeping assistance to Haiti upon the return to power of the democratically-elected President and the removal of Haiti's military high command.
Prohibits any U.S. officer or employee from attempting to amend, reinterpret, or nullify the Governors Island Agreement (except with regard to the October 1993 deadline for the return to power of Aristide).
Requires the President to notify the Haitian Government of the intention to terminate the bilateral migrant interdiction agreement effected in 1991.
Prohibits the return to Haiti of any Haitian national or habitual resident without the individual's consent, unless the President determines, in a manner that incorporates procedural safeguards consistent with internationally endorsed standards, that such individual is not a refugee. Makes exceptions to such prohibition if an individual was involved in persecution of another person or is a felon who constitutes a danger to the United States.
Imposes sanctions against Haiti, including prohibitions on: (1) credits or loans; (2) imports and exports; (3) contracts; and (4) air transport activities. Prohibits U.S. assistance to other countries that are not cooperating with sanctions against Haiti. Imposes sanctions under the International Emergency Economic Powers Act against such countries.
Terminates sanctions when the President certifies to the Congress that the democratically-elected President has been reinstated and Haiti's military high command has met its obligations under the Governors Island Agreement.
Grants eligible Haitians temporary protected status under the Immigration and Nationality Act.
Excludes certain Haitians connected with the military, the military coup, and terrorist activities from admission into the United States. Blocks assets of such individuals that are in the United States. | Haitian Restoration of Democracy Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunlight for Unaccountable Non-
profits (SUN) Act''.
SEC. 2. RETURN INFORMATION OF CERTAIN TAX-EXEMPT ORGANIZATIONS
AVAILABLE IN A SEARCHABLE FORMAT.
(a) In General.--Section 6104(b) of the Internal Revenue Code of
1986 is amended by striking ``made available to the public at such time
and in such places as the Secretary may prescribe.'' and inserting
``made available to the public at no charge and in an open, structured
data format that is processable by computers with the information easy
to find, access, reuse, and download in bulk.''.
(b) Effective Date.--The amendment made by this section shall apply
to returns required to be filed after the date of the enactment of this
Act.
SEC. 3. AUTHORITY TO DISCLOSE CONTRIBUTORS TO CERTAIN TAX-EXEMPT
ORGANIZATIONS.
(a) In General.--Section 6104(b) of the Internal Revenue Code of
1986 is amended by striking ``Nothing in this subsection shall
authorize the Secretary to disclose the name and address of any
contributor to any organization'' and inserting ``In the case of any
applicable organization or trust, such information shall include the
name and address of any qualified contributor to such organization
which is required to be included on the return and the total
contributions of such qualified contributor, but nothing in this
subsection shall authorize the Secretary to disclose the name or
address of any other contributor to such organization or any
contributor to any other organization''.
(b) Definitions.--Section 6104(b) of such Code is amended--
(1) by striking ``The information'' and inserting the
following:
``(1) In general.--The information'', and
(2) by adding at the end the following new paragraph:
``(2) Definitions.--For purposes of paragraph (1)--
``(A) Applicable organization or trust.--The term
`applicable organization or trust' means any
organization or trust which--
``(i) indicates on an application (or
amendment to an application) for recognition of
exemption from tax under section 501(a) that
such organization has or plans to spend money
attempting to influence the selection,
nomination, election, or appointment of any
person to a public office,
``(ii) asserts on a return that such
organization participated in, or intervened in
(including through the publishing or
distributing of statements), a political
campaign on behalf of, or in opposition to, any
candidate for public office,
``(iii) has filed, or was required to file,
a statement or report under subsection (c) or
(g) of section 304 of the Federal Election
Campaign Act of 1974 with respect to
independent expenditures made during the
taxable year, or
``(iv) has filed, or was required to file,
a statement under section 304(f) of such Act
with respect to disbursements for
electioneering communications made during the
taxable year.
``(B) Qualified contributor.--The term `qualified
contributor' means, with respect to any applicable
organization or trust, any person who made aggregate
contributions (in money or other property) to such
applicable organization or trust during the taxable
year in an amount valued at $5,000 or more.''.
(c) Conforming Amendment.--Section 6104(d)(3)(A) of such Code is
amended by striking the first sentence and inserting the following:
``In the case of any applicable organization or trust (as defined in
subsection (b)(2)(A)), any copies of annual returns provided under
paragraph (1) shall include information relating to the name and
address of any qualified contributor (as defined in subsection
(b)(2)(B)) to such organization and the total contributions of such
qualified contributor, but nothing in such paragraph shall require the
disclosure of the name or address of any other contributor to such
organization or any contributor to any other organization (other than a
private foundation (within the meaning of section 509(a)) or political
organization exempt from taxation under section 527).''.
(d) Effective Date.--The amendments made by this section shall
apply to returns required to be filed after the date of the enactment
of this Act. | Sunlight for Unaccountable Non-profits (SUN) Act Amends the Internal Revenue Code to require: (1) the annual tax return information for tax-exempt organizations and deferred compensation plans to be made available to the public at no charge and in an open structured data format that is processable by computers, with the information easy to find, access, reuse, and download in bulk; and (2) the disclosure of the names and addresses of contributors of $5,000 or more to tax-exempt organizations that participate or intervene in political campaigns on behalf of, or in opposition to, any candidate for public office. | Sunlight for Unaccountable Non-profits (SUN) Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Election
Simplification Act''.
SEC. 2. EXTENSION OF TIME FOR MAKING S CORPORATION ELECTIONS.
(a) In General.--Subsection (b) of section 1362 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(b) When Made.--
``(1) Rules for new corporations.--Except as provided in
paragraph (2)--
``(A) In general.--An election under subsection (a)
may be made by a small business corporation for any
taxable year at any time during the period--
``(i) beginning on the first day of the
taxable year for which made, and
``(ii) ending on the due date (with
extensions) for filing the return for the
taxable year.
``(B) Certain elections treated as made for next
taxable year.--If--
``(i) an election under subsection (a) is
made for any taxable year within the period
described in subparagraph (A), but
``(ii) either--
``(I) on 1 or more days in such
taxable year and before the day on
which the election was made the
corporation did not meet the
requirements of subsection (b) of
section 1361, or
``(II) 1 or more of the persons who
held stock in the corporation during
such taxable year and before the
election was made did not consent to
the election,
then such election shall be treated as made for
the following taxable year.
``(C) Election made after due date treated as made
for following taxable year.--If--
``(i) a small business corporation makes an
election under subsection (a) for any taxable
year, and
``(ii) such election is made after the due
date (with extensions) for filing the return
for such year and on or before the due date
(with extensions) for filing the return for the
following taxable year,
then such election shall be treated as made for the
following taxable year.
``(2) Rules for existing c corporations.--In the case of
any small business corporation which was a C corporation for
the taxable year prior to the taxable year for which the
election is made under subsection (a), the rules under this
paragraph shall apply in lieu of the rules under paragraph (1):
``(A) In general.--An election under subsection (a)
may be made by a small business corporation for any
taxable year--
``(i) at any time during the preceding
taxable year, or
``(ii) at any time during the taxable year
and on or before the 15th day of the 3d month
of the taxable year.
``(B) Certain elections made during 1st 2\1/2\
months treated as made for next taxable year.--If--
``(i) an election under subsection (a) is
made for any taxable year during such year and
on or before the 15th day of the 3d month of
such year, but
``(ii) either--
``(I) on 1 or more days in such
taxable year and before the day on
which the election was made the
corporation did not meet the
requirements of subsection (b) of
section 1361, or
``(II) 1 or more of the persons who
held stock in the corporation during
such taxable year and before the
election was made did not consent to
the election,
then such election shall be treated as made for the
following taxable year.
``(C) Election made after 1st 2\1/2\ months treated
as made for following taxable year.--If--
``(i) a small business corporation makes an
election under subsection (a) for any taxable
year, and
``(ii) such election is made after the 15th
day of the 3d month of the taxable year and on
or before the 15th day of the 3rd month of the
following taxable year,
then such election shall be treated as made for the
following taxable year.
``(D) Taxable years of 2\1/2\ months or less.--For
purposes of this paragraph, an election for a taxable
year made not later than 2 months and 15 days after the
first day of the taxable year shall be treated as
timely made during such year.
``(3) Authority to treat late elections, etc., as timely.--
If--
``(A) an election under subsection (a) is made for
any taxable year after the date prescribed by this
subsection for making such election for such taxable
year or no such election is made for any taxable year,
and
``(B) the Secretary determines that there was
reasonable cause for the failure to timely make such
election,
the Secretary may treat such an election as timely made for
such taxable year.
``(4) Manner of election.--Elections may be made at any
time as provided in this subsection by filing a form prescribed
by the Secretary. For purposes of any election described under
paragraph (1), the Secretary shall provide that the election
may be made on any timely filed small business corporation
return for such taxable year, with the consents of all persons
who held stock in the corporation during such taxable year
included therewith.
``(5) Secretarial authority.--The Secretary may prescribe
such regulations, rules, or other guidance as may be necessary
or appropriate for purposes of applying this subsection.''.
(b) Revocations.--Paragraph (1) of section 1362(d) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``subparagraph (D)'' in subparagraph (C)
and inserting ``subparagraphs (D) and (E)'', and
(2) by adding at the end the following new subparagraph:
``(E) Authority to treat late revocations as
timely.--If--
``(i) a revocation under subparagraph (A)
is made for any taxable year after the date
prescribed by this paragraph for making such
revocation for such taxable year or no such
revocation is made for any taxable year, and
``(ii) the Secretary determines that there
was reasonable cause for the failure to timely
make such revocation,
the Secretary may treat such a revocation as timely
made for such taxable year.''.
(c) Effective Date.--The amendments made by this section shall
apply to elections for taxable years beginning after the date of the
enactment of this Act. | Small Business Election Simplification Act - Amends the Internal Revenue Code, with respect to the subchapter S election for corporate taxpayers, to: (1) extend the deadline for filing such election to the due date (with extensions) of the corporation's tax return, (2) authorize the Secretary of the Treasury to treat a late filing or revocation of an election as timely filed or revoked if there is reasonable cause for failing to make a timely filing or revocation, and (3) allow taxpayers to make a subchapter S election on their current tax return in lieu of filing a separate form for making such election. | A bill to amend the Internal Revenue Code of 1986 to extend the time for making S corporation elections, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Algal Bloom and Hypoxia
Research Amendments Act of 2004''.
SEC. 2. RETENTION OF TASK FORCE.
Section 603 of the Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998 (16 U.S.C. 1451 note) is amended by striking
subsection (e).
SEC. 3. SCIENTIFIC ASSESSMENTS AND RESEARCH, DEMONSTRATION, AND
TECHNOLOGY TRANSFER PLANS.
Such section 603 is further amended--
(1) in subsection (a) by adding at the end the following:
``In developing the assessments and plans described in subsections (b),
(c), (d), (e), and (f), the Task Force shall work with appropriate
State, Indian tribe, and local governments to ensure that the
assessments and plans fulfill the requirements of subsections (b)(2),
(c)(2), (d)(2), (e)(2), and (f)(2). Additionally, the Task Force shall
consult with appropriate industry (including agriculture and fertilizer
industry), academic institutions, and non-governmental organizations
throughout the development of the assessments and plans.''; and
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Scientific Assessments of Harmful Algal Blooms.--(1) Not less
than once every 5 years the Task Force shall complete and submit to
Congress a scientific assessment of harmful algal blooms in United
States coastal waters. The first such assessment shall be completed not
later than 24 months after the date of enactment of the Harmful Algal
Bloom and Hypoxia Research Amendments Act of 2004 and should consider
only marine harmful algal blooms. All subsequent assessments shall
examine both marine and freshwater harmful algal blooms, including
those in the Great Lakes and upper reaches of estuaries.
``(2) The assessments under this subsection shall--
``(A) examine the causes and ecological consequences, and
economic costs, of harmful algal blooms;
``(B) describe the potential ecological and economic costs
and benefits of possible actions for preventing, controlling,
and mitigating harmful algal blooms;
``(C) evaluate progress made by, and the needs of, Federal
research programs on the causes, characteristics, and impacts
of harmful algal blooms; and
``(D) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on harmful algal blooms.
``(c) Scientific Assessment of Freshwater Harmful Algal Blooms.--
(1) Not later than 24 months after the date of enactment of the Harmful
Algal Bloom and Hypoxia Research Amendments Act of 2004 the Task Force
shall complete and submit to Congress a scientific assessment of
current knowledge about harmful algal blooms in freshwater locations
such as the Great Lakes and upper reaches of estuaries, including a
research plan for coordinating Federal efforts to better understand
freshwater harmful algal blooms.
``(2) The freshwater harmful algal bloom scientific assessment
shall--
``(A) examine the causes and ecological consequences, and
the economic costs, of harmful algal blooms with significant
effects on freshwater locations, including estimations of the
frequency and occurrence of significant events;
``(B) establish priorities and guidelines for a
competitive, peer-reviewed, merit-based interagency research
program, as part of the Ecology and Oceanography of Harmful
Algal Blooms (ECOHAB) project, to better understand the causes,
characteristics, and impacts of harmful algal blooms in
freshwater locations; and
``(C) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on harmful algal blooms in
freshwater locations.
``(d) National Scientific Research, Development, Demonstration, and
Technology Transfer Plan Into Reducing Impacts From Harmful Algal
Blooms.--(1) Not later than 12 months after the date of enactment of
the Harmful Algal Bloom and Hypoxia Research Amendments Act of 2004,
the Task Force shall develop and submit to Congress a plan providing
for a comprehensive and coordinated national research program to
develop and demonstrate prevention, control, and mitigation methods to
reduce the impacts of harmful algal blooms on coastal ecosystems
(including the Great Lakes), public health, and the economy.
``(2) The plan shall--
``(A) establish priorities and guidelines for a
competitive, peer-reviewed, merit-based interagency research,
development, demonstration, and technology transfer program on
methods for the prevention, control, and mitigation of harmful
algal blooms;
``(B) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to the actions described in paragraph
(1); and
``(C) include to the maximum extent practicable diverse
institutions, including Historically Black Colleges and
Universities and those serving large proportions of Hispanics,
Native Americans, Asian-Pacific Americans, and other
underrepresented populations.
``(3) The Secretary of Commerce, in conjunction with other
appropriate Federal agencies, shall establish a research, development,
demonstration, and technology transfer program that meets the
priorities and guidelines established under paragraph (2)(A). The
Secretary shall ensure, through consultation with Sea Grant Programs,
that the results and findings of the program are communicated to State,
Indian tribe, and local governments, and to the general public.
``(e) Scientific Assessments of Hypoxia.--(1) Not less than once
every 5 years the Task Force shall complete and submit to Congress a
scientific assessment of hypoxia in United States coastal waters
including the Great Lakes. The first such assessment shall be completed
not less than 12 months after the date of enactment of the Harmful
Algal Bloom and Hypoxia Research Amendments Act of 2004.
``(2) The assessments under this subsection shall--
``(A) examine the causes and ecological consequences, and
the economic costs, of hypoxia;
``(B) describe the potential ecological and economic costs
and benefits of possible actions for preventing, controlling,
and mitigating hypoxia;
``(C) evaluate progress made by, and the needs of, Federal
research programs on the causes, characteristics, and impacts
of hypoxia, including recommendations of how to eliminate
significant gaps in hypoxia modeling and monitoring data; and
``(D) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on hypoxia.
``(f) Local and Regional Scientific Assessments.--(1) The Secretary
of Commerce, in coordination with the Task Force and appropriate State,
Indian tribe, and local governments, shall provide for local and
regional scientific assessments of hypoxia or harmful algal blooms, as
requested by State, Indian tribe, or local governments, or for affected
areas as identified by the Secretary. If the Secretary receives
multiple requests, the Secretary shall ensure, to the extent
practicable, that assessments under this subsection cover
geographically and ecologically diverse locations with significant
ecological and economic impacts from hypoxia or harmful algal blooms.
The Secretary shall establish a procedure for reviewing requests for
local and regional assessments. The Secretary shall ensure, through
consultation with Sea Grant Programs, that the findings of the
assessments are communicated to the appropriate State, Indian tribe,
and local governments, and to the general public.
``(2) The scientific assessments under this subsection shall
examine--
``(A) the causes and ecological consequences, and the
economic costs, of hypoxia or harmful algal blooms in that
area;
``(B) potential methods to prevent, control, and mitigate
hypoxia or harmful algal blooms in that area and the potential
ecological and economic costs and benefits of such methods; and
``(C) other topics the Task Force considers appropriate.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 605 of such Act is amended to read as follows:
``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary of
Commerce for research, education, monitoring, demonstration, and
technology transfer activities related to the prevention, reduction,
and control of harmful algal blooms and hypoxia, $19,000,000 for each
of fiscal years 2005, 2006, and 2007, to remain available until
expended. The Secretary shall consult with the States on a regular
basis regarding the development and implementation of the activities
authorized under this title. Of such amounts for each fiscal year--
``(1) $1,500,000 for each of fiscal years 2005, 2006, and
2007 shall be used to enable the National Oceanic and
Atmospheric Administration to carry out research and assessment
activities, including procurement of necessary research
equipment, at research laboratories of the National Ocean
Service and the National Marine Fisheries Service;
``(2) $3,000,000 for each of fiscal years 2005, 2006, and
2007 shall be used to carry out the Ecology and Oceanography of
Harmful Algal Blooms (ECOHAB) project, with $1,000,000 of such
amount used to carry out research on freshwater harmful algal
blooms;
``(3) $4,000,000 for each of fiscal years 2005, 2006, and
2007 shall be used to carry out the research program described
in section 603(d)(3);
``(4) $7,000,000 for each of fiscal years 2005, 2006, and
2007 shall be used to carry out the Monitoring and Event
Response for Harmful Algal Blooms (MERHAB) project;
``(5) $2,000,000 for each of fiscal years 2005, 2006, and
2007 shall be used for activities related to research and
monitoring on hypoxia; and
``(6) $1,500,000 for each of fiscal years 2005, 2006, and
2007 shall be used to carry out the activities described in
section 603(f).
Amounts authorized under paragraphs (2), (3), (4), and (5) shall only
be used to support competitive, peer-reviewed research programs.''.
Passed the House of Representatives July 7, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Harmful Algal Bloom and Hypoxia Research Amendments Act of 2004 - (Sec. 2) Amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (HABHRCA) to repeal the President's authority to disestablish the Interagency Task Force (thus retaining the Task Force).
(Sec. 3) Directs the Task Force to complete by specified deadlines, and submit to Congress, scientific assessments of: (1) harmful algal blooms (HABs) (first on marine HABs and subsequently on both marine and freshwater HABs, including those in the Great Lakes and upper reaches of estuaries); (2) current knowledge of freshwater HABs and coordination of related Federal research; and (3) hypoxia in U.S. coastal waters, including the Great Lakes. Directs the Task Force to develop, and submit to Congress, a plan for a comprehensive and coordinated national research program to develop and demonstrate prevention, control, and mitigation methods to reduce the impacts of HABs on coastal ecosystems (including the Great Lakes), public health, and the economy. Requires such plan to include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities and those serving large proportions of Hispanics, Native Americans, Asian-Pacific Americans, and other underrepresented populations. Directs the Secretary of Commerce to: (1) establish a research, development, demonstration, and technology transfer program that meets the priorities and guidelines established under the Task Force's research plan; (2) ensure that research program results are communicated to State, Indian tribe, and local governments, and to the general public; and (3) do so in conjunction with other appropriate Federal agencies. Requires the Task Force to work with the appropriate State, Indian tribe, and local governments to ensure that the assessments and research plan fulfill requirements of this Act. Requires the Secretary to provide for local and regional scientific assessments of hypoxia or HABs. Directs the Secretary to do so in coordination with the Task Force and appropriate State, Indian tribe, and local governments and at the request of such governments. (Sec. 4) Authorizes appropriations for FY 2005 through 2007 to the Secretary for research, education, monitoring, demonstration, and technology transfer activities related to the prevention, reduction, and control of HABs and hypoxia. Requires that specified amounts of such funds be used for: (1) National Oceanic and Atmospheric Administration (NOAA) research and assessment activities, including procurement of necessary research equipment, at research laboratories of the National Ocean Service and the National Marine Fisheries Service; (2) the Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) project, with a specified portion for research on freshwater HABs; (3) the HABHRCA national research program to develop methods to reduce impacts of HABs; (4) the Monitoring and Event Response for HABs (MERHAB) project; (5) activities related to research and monitoring on hypoxia; and (6) the HABHRCA local and regional scientific assessments of hypoxia or HABs. | To reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Small Business Recovery
Act''.
SEC. 2. PRIORITY FOR SMALL BUSINESS CONCERNS IN PROCUREMENT RELATED TO
HURRICANE KATRINA AND HURRICANE RITA.
(a) Priority for Gulf Hurricane Disaster-Affected Businesses.--
Notwithstanding any other provision of law, for any contract for the
procurement of goods or services related to any damage caused as a
result of Hurricane Katrina or Hurricane Rita or any reconstruction
related to such damage, the head of a Federal department or agency
shall give priority to a business concern that as of August 28, 2005,
had a significant presence in a Gulf hurricane disaster-affected area.
(b) Contract Requirement.--
(1) Small business participation.--For the procurement of
goods and services related to any damage caused as a result of
Hurricane Katrina or Hurricane Rita or any reconstruction
related to such damage, the head of a Federal department or
agency shall award not less than 30 percent of amounts expended
for prime contracts and not less than 40 percent of amounts
expended for subcontracts on procurements to small business
concerns that as of August 28, 2005, had a significant presence
in a Gulf hurricane disaster-affected area.
(2) Opportunities for small businesses.--In carrying out
paragraph (1), the head of a Federal department or agency shall
provide the maximum practicable opportunity for small
businesses participation.
(3) Compliance with subcontracting goals.--In carrying out
paragraph (1), the head of a Federal department or agency shall
ensure that a contract complies with the subcontracting goals
for small business concerns under the Small Business Act (15
U.S.C. 631 et seq.) and Federal Acquisition Regulations.
(4) Report.--Not later than 2 years after the date of the
enactment of this Act, the Administrator of the Small Business
Administration shall submit to Congress a report describing the
opportunities provided for small business concerns under this
subsection.
(5) Termination.--This subsection shall terminate on the
date that is one day after the date on which all Federal
Disaster Declaration notices for Gulf hurricane disaster-
affected areas are lifted.
SEC. 3. TREATMENT OF GULF HURRICANE DISASTER-AFFECTED SMALL BUSINESS
CONCERNS FOR PURPOSES OF HUBZONE PROGRAM.
(a) Treatment of Gulf Hurricane Disaster-Affected Small Business
Concerns.--Notwithstanding any other provision of law, a Gulf hurricane
disaster-affected small business concern shall be treated as if it were
located in a HUBZone for purposes of the program under section 31 of
the Small Business Act (15 U.S.C. 657a).
(b) Applicability.--Subsection (a) shall apply with respect to a
Gulf hurricane disaster-affected small business concern during the
period for which a Federal Disaster Declaration applies for the county
in which such small business concern was located as of August 28, 2005.
SEC. 4. PROHIBITION ON PERMANENT RELOCATION OF FEDERAL FACILITIES FROM
GULF HURRICANE DISASTER-AFFECTED AREAS.
(a) Prohibition.--Notwithstanding any other provision of law, no
facility of the Federal Government shall be permanently relocated from
a location in a Gulf hurricane disaster-affected area to a location
outside that area.
(b) Termination.--Subsection (a) shall terminate upon the
expiration of the two-year period that begins on the date of the
enactment of this Act.
(c) Reports Required.--In the case of a facility of a department of
agency of the Federal Government that is temporarily relocated for a
period of longer than 6 months, the head of that department or agency
shall submit to the House Committee on Government Reform and the Senate
Committee on Homeland Security and Government Affairs, the following
reports:
(1) A report to be submitted not later than 6 months after
the date on which this section takes effect on the status of
the temporary relocation of the facility from a location in a
Gulf hurricane disaster-affected area to a location outside
that area.
(2) Additional reports on such status to be submitted every
6 months thereafter for the duration of the period during which
such facility is temporarily relocated.
SEC. 5. DEFINITIONS.
(a) Gulf Hurricane Disaster-Affected Small Business Concern.--For
purposes of this Act, the term ``Gulf hurricane disaster-affected small
business concern'' means a small business concern that as of August 28,
2005, was located in a Gulf hurricane-affected area.
(b) Gulf Hurricane Disaster.--For purposes of this Act, the term
``Gulf hurricane disaster'' means an event caused by Hurricane Katrina
or Hurricane Rita that is declared to be a major disaster by the
President in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
(c) Gulf Hurricane Disaster-Affected Area.--For purposes of this
Act, the term ``Gulf hurricane disaster-affected area'' means a county
or parish in the State of Louisiana, Mississippi, Alabama, or Texas
that has been designated by the Federal Emergency Management Agency for
disaster assistance for individuals and households by reason of
Hurricane Katrina or Hurricane Rita.
(d) Small Business Concern.--For purposes of this Act, the term
``small business concern'' has the meaning given that term under
section 3 of the Small Business Act (15 U.S.C. 632).
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the date that is 10 days after the
date of the enactment of this Act. | Gulf Coast Small Business Recovery Act - Requires, for any contract for the procurement of goods or services related to any damage caused as a result of Hurricane Katrina or Rita, or any reconstruction related to such damage, a federal agency to give priority to a business that as of August 28, 2005, had a significant presence in a Gulf hurricane disaster-affected area. Requires an agency to award not less than 30 percent of amounts expended for prime contracts, and not less than 40 percent of amounts expended for subcontracts, on procurements to small businesses that, as of such date, had such a presence. Requires an agency to provide the maximum practicable opportunity for small business participation in all such contracts and subcontracts.
Requires a Gulf hurricane disaster-affected small business to be treated as if it were located in a HUBZone (heavily underutilized business zone) for purposes of favorable loan status under the Small Business Act.
Prohibits, until two years after the enactment of this Act, any federal government facility from being permanently relocated from a location in a Gulf hurricane disaster-affected area to a location outside that area. | To provide for priority in Federal contracting for businesses in areas adversely affected by Hurricane Katrina and Hurricane Rita and treatment of small business concerns adversely affected by Hurricane Katrina and Hurricane Rita as HUBZone small business concerns, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Administration
Franchise Loan Transparency Act of 2015''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Franchise businesses represent a large and growing
segment of the retail and service businesses of the United
States and are rapidly replacing more traditional forms of
small business ownership in the economy of the United States.
(2) The Small Business Administration (SBA) guarantees much
of the financing available in franchising.
(3) The SBA requires pro forma projections, including
projected revenue, for the first year of operations of a
franchise as part of the standard operating requirements for a
franchisee to qualify for financing.
(4) On July 13, 2011, the SBA Office of Inspector General
published an audit (Report No. 11-16) on loans made under
section 7(a) of the Small Business Act to Huntington Learning
Center franchises where first year revenue projections were all
significantly inflated.
(5) On July 2, 2013, the SBA Office of Inspector General
published an audit evaluation (Report No. 13-17) showing that
the SBA needed to improve the management of its 7(a) loan
portfolio risk, specifically with certain franchise brands that
had exceptionally high default rates that continued to receive
guaranteed loans from the SBA.
(6) In September 2013, the Government Accountability Office
published a study (GAO-13-759) showing that over the 10-year
period from 2003 to 2012, 28 percent of 7(a) loans to
franchises required a guarantee payment. The study was based on
32,323 loans totaling $10.6 billion, which required $1.5
billion in guarantee payments. The report specifically stated,
``Potential franchisees should include first-year revenue
estimates in their SBA loan applications. However, this
information is not necessarily available to potential
franchisees in the franchise organization's disclosure
document.''.
(7) Franchise companies most often collect royalties based
on gross revenue; therefore, revenue data on each franchise
outlet are readily available.
(8) While both the franchisor and the lender profit as a
result of the SBA financing, only the franchisee bears the
total liability for the loan.
(b) Purpose.--It is the purpose of this Act to--
(1) ensure transparency in the loan processes of the Small
Business Administration, so that the franchisee borrower, the
lender, and the Administration all have access to information
that is key to the lending process;
(2) remove any hidden discussions between the franchisor
and the lender on financial data critical to the loan approval
process;
(3) lower the fees and rates charged to franchisee
borrowers; and
(4) help ensure lower default rates in order to make more
money available for loans.
SEC. 3. REQUIRED DISCLOSURES.
(a) In General.--A franchisor, except for a franchisor of a
franchise in the lodging industry, shall disclose in the required
Federal Trade Commission disclosure document, the following:
(1) The average first-year revenue of each specific
location of the franchise for each of the preceding five years
of operation.
(2) The number of franchise locations that went out of
business or were sold by the franchisee during the first year
of operation for each of the preceding five years.
(3) Average revenues for all locations of the franchise for
each of the preceding five years of operation, aggregated to
show the top 25 percent, middle 50 percent, and the bottom 25
percent of revenue.
(b) Disclosure to Prospective Franchisee.--Any financial
information relating to the performance of any location of a franchise
that is provided by the franchisor, or its representatives, to the
lender for the purpose of qualifying the loan, shall be disclosed to
the prospective franchisee borrower.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) The term ``disclosure document'' means the disclosure
statement required by the Federal Trade Commission in Trade
Regulation Rule 436 (16 Fed. Reg. 436).
(2) The terms ``franchise'', ``franchisee'', and
``franchisor'' have the meanings given such terms in section
436.1 of title 16 of the Code of Federal Regulations as in
effect on July 1, 2007.
SEC. 5. SEVERABILITY.
If any provision of this Act or any application of this Act to any
person or circumstance is held invalid, the remainder of this Act and
its application to any person or circumstance shall not be affected
thereby. | Small Business Administration Franchise Loan Transparency Act of 2015 This bill requires a franchisor, except one with a franchise in the lodging industry, to disclose in the required Federal Trade Commission disclosure document: the average first-year revenue of each specific location of the franchise for each of the preceding five years of operation; the number of franchise locations that went out of business or were sold by the franchisee during the first year of operation for each such period; and the average revenues for all locations of the franchise for each such period, aggregated to show the top 25%, middle 50%, and the bottom 25% of revenue. Any financial information relating to the performance of any franchise's location provided by the franchisor, or its representatives, to the lender for the purpose of qualifying the loan, must be disclosed to the prospective franchisee borrower. | Small Business Administration Franchise Loan Transparency Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Morris K. Udall Parkinson's
Research, Assistance, and Education Act of 1995''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Parkinson's disease and related disorders (hereafter
referred to in this Act as ``Parkinson's'') is a neurological
disorder affecting as many as 1,500,000 Americans.
(2) Approximately 40 percent of persons with Parkinson's
are under the age of 60.
(3) While science has yet to determine what causes the
disease, research has found that cells that produce a
neurochemical called dopamine inexplicably degenerate, causing
uncontrollable tremors, muscle stiffness, and loss of motor
function.
(4) Eventually, Parkinson's renders the afflicted
individuals incapable of caring for themselves. In addition to
causing disability and suffering for the afflicted individuals,
Parkinson's places tremendous and prolonged physical,
emotional, and financial strain on family and loved ones.
(5) It is estimated that the disease costs society nearly
$6,000,000,000 annually.
(6) To date, the federally funded research effort has been
grossly underfunded. Only $26,000,000 is allocated specifically
for research on Parkinson's, or only about one dollar for every
$200 in annual societal costs.
(7) In order to take full advantage of the tremendous
potential for finding a cure or effective treatment, the
Federal investment in Parkinson's must be expanded, as well as
the coordination strengthened among the National Institutes of
Health research institutes.
(b) Purpose.--It is the purpose of this Act to provide for the
expansion and coordination of research concerning Parkinson's, and to
improve care and assistance for afflicted individuals and their family
caregivers.
SEC. 3. BIOMEDICAL RESEARCH ON PARKINSON'S DISEASE.
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 section:
``parkinson's disease
``Sec. 409B. (a) In General.--The Director of NIH shall establish a
program for the conduct and support of research and training, the
dissemination of health information, and other programs with respect to
Parkinson's disease.
``(b) Interagency Coordinating Committee.--
``(1) In general.--The Director of NIH shall establish a
committee to be known as the Interagency Coordinating Committee
on Parkinson's Disease (in this subsection referred to as the
`Coordinating Committee').
``(2) Duties.--With respect to Parkinson's, the
Coordinating Committee shall--
``(A) provide for the coordination of the
activities of the national research institutes; and
``(B) coordinate the aspects of all Federal health
programs and activities relating to Parkinson's in
order to assure the adequacy, effectiveness, and
technical soundness of such programs and activities and
in order to provide for the full communication and
exchange of information necessary to maintain adequate
coordination of such programs and activities.
``(3) Composition.--The Coordinating Committee shall be
composed of--
``(A) the directors of each of the national
research institutes and other agencies involved in
research with respect to Parkinson's;
``(B) one representative of the relevant Federal
departments and agencies whose programs involve health
functions or responsibilities relevant to such disease;
``(C) individuals with the disease and individuals
who have a family history with the disease; and
``(D) health professionals or allied health
professionals.
``(4) Chair.--The Coordinating Committee shall be chaired
by the Director of NIH (or the designee of the Director). The
Committee shall meet at the call of the chair, but not less
often than once each year.
``(5) Annual report.--Not later than 120 days after the end
of each fiscal year, the Coordinating Committee shall prepare
and submit to the Secretary, the Director of NIH, and the
directors specified in paragraph (3)(A) a report detailing the
activities of the Committee in such fiscal year in carrying out
paragraph (2).
``(c) Morris K. Udall Research Centers.--
``(1) In general.--The Director of NIH shall award Core
Center Grants to encourage the development of innovative
multidisciplinary research and provide training concerning
Parkinson's. The Director shall award not more than 10 Core
Center Grants and designate each center funded under such
grants as a Morris K. Udall Center for Research on Parkinson's Disease.
``(2) Requirements.--
``(A) In general.--With respect to Parkinson's,
each center assisted under this subsection shall--
``(i) use the facilities of a single
institution or a consortium of cooperating
institutions, and meet such qualifications as
may be prescribed by the Director of the NIH;
and
``(ii) conduct basic and clinical research
and provide patient care services.
``(B) Discretionary requirements.--With respect to
Parkinson's, each center assisted under this subsection
may--
``(i) conduct training programs for
scientists and health professionals;
``(ii) conduct programs to provide
information and continuing education to health
professionals;
``(iii) conduct programs for the
dissemination of information to the public; and
``(iv) develop and maintain, where
appropriate, a brain bank to collect specimens
related to the research and treatment of
Parkinson's.
``(3) Stipends regarding training programs.--A center may
use funds provided under paragraph (1) to provide stipends for
scientists and health professionals enrolled in training
programs under paragraph (2)(C).
``(4) Duration of support.--Support of a center under this
subsection may be for a period not exceeding five years. Such
period may be extended by the Director of NIH for one or more
additional periods of not more than five years if the
operations of such center have been reviewed by an appropriate
technical and scientific peer review group established by the
Director and if such group has recommended to the Director that
such period should be extended.
``(d) Data System; Information Clearinghouse.--
``(1) Data system.--The Director of NIH shall establish the
National Parkinson's Disease Data System for the collection,
storage, analysis, retrieval, and dissemination of data derived
from patient populations with such disease, including, where
possible, data involving general populations for the purpose of
detection of individuals with a risk of developing the disease.
``(2) Information clearinghouse.--The Director of NIH shall
establish the National Parkinson's Disease Information
Clearinghouse to facilitate and enhance knowledge and
understanding of such disease on the part of health
professionals, patients, and the public through the effective
dissemination of information.
``(e) Morris K. Udall Leadership and Excellence Awards.--The
Director of NIH shall establish a grant program to support scientists
who have distinguished themselves in the field of Parkinson's research.
Grants under this subsection shall be utilized to enable established
investigators to devote greater time and resources in laboratories to
conduct research on Parkinson's and to encourage the development of a
new generation of investigators, with the support and guidance of the
most productive and innovative senior researchers.
``(f) National Parkinson's Disease Education Program.--The Director
of NIH shall establish a national education program that is designed to
foster a national focus on Parkinson's and the care of those with
Parkinson's. Activities under such program shall include--
``(1) the bringing together of public and private
organizations to develop better ways to provide care to
individuals with Parkinson's, and assist the families of such
individuals; and
``(2) the provision of technical assistance to public and
private organizations that offer support and aid to individuals
with Parkinson's and their families.
``(g) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, there are authorized to be appropriated $100,000,000
for fiscal year 1996, and such sums as may be necessary for
each of the fiscal years 1997 through 2000.
``(2) Availability.--Of the amount appropriated under
paragraph (1), the Secretary shall make available not to exceed
$10,000,000 for fiscal year 1996, and such sums as may be
necessary for each of the fiscal years 1997 through 2000, to
establish Morris K. Udall Centers under subsection (c).''. | Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training, the dissemination of health information, and other programs regarding Parkinson's disease. Establishes the Interagency Coordinating Committee on Parkinson's Disease. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Authorizes establishment of the National Parkinson's Disease Data System to collect, store, analyze, retrieve, and disseminate data. Establishes: (1) the National Parkinson's Disease Information Clearinghouse; (2) a grant program to support scientists who have distinguished themselves in Parkinson's research; and (3) a national education program to foster a national focus on Parkinson's and the care of those with Parkinson's. Authorizes appropriations. | Morris K. Udall Parkinson's Research, Assistance, and Education Act of 1995 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Trademark Dilution
Revision Act of 2006''.
(b) References.--Any reference in this Act to the Trademark Act of
1946 shall be a reference to the Act entitled ``An Act to provide for
the registration and protection of trademarks used in commerce, to
carry out the provisions of certain international conventions, and for
other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.).
SEC. 2. DILUTION BY BLURRING; DILUTION BY TARNISHMENT.
Section 43 of the Trademark Act of 1946 (15 U.S.C. 1125) is
amended--
(1) by striking subsection (c) and inserting the following:
``(c) Dilution by Blurring; Dilution by Tarnishment.--
``(1) Injunctive relief.--Subject to the principles of equity,
the owner of a famous mark that is distinctive, inherently or
through acquired distinctiveness, shall be entitled to an
injunction against another person who, at any time after the
owner's mark has become famous, commences use of a mark or trade
name in commerce that is likely to cause dilution by blurring or
dilution by tarnishment of the famous mark, regardless of the
presence or absence of actual or likely confusion, of competition,
or of actual economic injury.
``(2) Definitions.--(A) For purposes of paragraph (1), a mark
is famous if it is widely recognized by the general consuming
public of the United States as a designation of source of the goods
or services of the mark's owner. In determining whether a mark
possesses the requisite degree of recognition, the court may
consider all relevant factors, including the following:
``(i) The duration, extent, and geographic reach of
advertising and publicity of the mark, whether advertised or
publicized by the owner or third parties.
``(ii) The amount, volume, and geographic extent of sales
of goods or services offered under the mark.
``(iii) The extent of actual recognition of the mark.
``(iv) Whether the mark was registered under the Act of
March 3, 1881, or the Act of February 20, 1905, or on the
principal register.
``(B) For purposes of paragraph (1), `dilution by blurring' is
association arising from the similarity between a mark or trade
name and a famous mark that impairs the distinctiveness of the
famous mark. In determining whether a mark or trade name is likely
to cause dilution by blurring, the court may consider all relevant
factors, including the following:
``(i) The degree of similarity between the mark or trade
name and the famous mark.
``(ii) The degree of inherent or acquired distinctiveness
of the famous mark.
``(iii) The extent to which the owner of the famous mark is
engaging in substantially exclusive use of the mark.
``(iv) The degree of recognition of the famous mark.
``(v) Whether the user of the mark or trade name intended
to create an association with the famous mark.
``(vi) Any actual association between the mark or trade
name and the famous mark.
``(C) For purposes of paragraph (1), `dilution by tarnishment'
is association arising from the similarity between a mark or trade
name and a famous mark that harms the reputation of the famous
mark.
``(3) Exclusions.--The following shall not be actionable as
dilution by blurring or dilution by tarnishment under this
subsection:
``(A) Any fair use, including a nominative or descriptive
fair use, or facilitation of such fair use, of a famous mark by
another person other than as a designation of source for the
person's own goods or services, including use in connection
with--
``(i) advertising or promotion that permits consumers
to compare goods or services; or
``(ii) identifying and parodying, criticizing, or
commenting upon the famous mark owner or the goods or
services of the famous mark owner.
``(B) All forms of news reporting and news commentary.
``(C) Any noncommercial use of a mark.
``(4) Burden of proof.--In a civil action for trade dress
dilution under this Act for trade dress not registered on the
principal register, the person who asserts trade dress protection
has the burden of proving that--
``(A) the claimed trade dress, taken as a whole, is not
functional and is famous; and
``(B) if the claimed trade dress includes any mark or marks
registered on the principal register, the unregistered matter,
taken as a whole, is famous separate and apart from any fame of
such registered marks.
``(5) Additional remedies.--In an action brought under this
subsection, the owner of the famous mark shall be entitled to
injunctive relief as set forth in section 34. The owner of the
famous mark shall also be entitled to the remedies set forth in
sections 35(a) and 36, subject to the discretion of the court and
the principles of equity if--
``(A) the mark or trade name that is likely to cause
dilution by blurring or dilution by tarnishment was first used
in commerce by the person against whom the injunction is sought
after the date of enactment of the Trademark Dilution Revision
Act of 2006; and
``(B) in a claim arising under this subsection--
``(i) by reason of dilution by blurring, the person
against whom the injunction is sought willfully intended to
trade on the recognition of the famous mark; or
``(ii) by reason of dilution by tarnishment, the person
against whom the injunction is sought willfully intended to
harm the reputation of the famous mark.
``(6) Ownership of valid registration a complete bar to
action.--The ownership by a person of a valid registration under
the Act of March 3, 1881, or the Act of February 20, 1905, or on
the principal register under this Act shall be a complete bar to an
action against that person, with respect to that mark, that--
``(A)(i) is brought by another person under the common law
or a statute of a State; and
``(ii) seeks to prevent dilution by blurring or dilution by
tarnishment; or
``(B) asserts any claim of actual or likely damage or harm
to the distinctiveness or reputation of a mark, label, or form
of advertisement.
``(7) Savings clause.--Nothing in this subsection shall be
construed to impair, modify, or supersede the applicability of the
patent laws of the United States.''; and
(2) in subsection (d)(1)(B)(i)(IX), by striking ``(c)(1) of
section 43'' and inserting ``(c)''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Marks Registrable on the Principal Register.--Section 2(f) of
the Trademark Act of 1946 (15 U.S.C. 1052(f)) is amended--
(1) by striking the last two sentences; and
(2) by adding at the end the following: ``A mark which would be
likely to cause dilution by blurring or dilution by tarnishment
under section 43(c), may be refused registration only pursuant to a
proceeding brought under section 13. A registration for a mark
which would be likely to cause dilution by blurring or dilution by
tarnishment under section 43(c), may be canceled pursuant to a
proceeding brought under either section 14 or section 24.''.
(b) Opposition.--Section 13(a) of the Trademark Act of 1946 (15
U.S.C. 1063(a)) is amended in the first sentence by striking ``as a
result of dilution'' and inserting ``the registration of any mark which
would be likely to cause dilution by blurring or dilution by
tarnishment''.
(c) Cancellation.--Section 14 of the Trademark Act of 1946 (15
U.S.C. 1064) is amended, in the matter preceding paragraph (1) by
striking ``, including as a result of dilution under section 43(c),''
and inserting ``, including as a result of a likelihood of dilution by
blurring or dilution by tarnishment under section 43(c),''.
(d) Marks for the Supplemental Register.--The second sentence of
section 24 of the Trademark Act of 1946 (15 U.S.C. 1092) is amended to
read as follows:
``Whenever any person believes that such person is or will be damaged
by the registration of a mark on the supplemental register--
``(1) for which the effective filing date is after the date on
which such person's mark became famous and which would be likely to
cause dilution by blurring or dilution by tarnishment under section
43(c); or
``(2) on grounds other than dilution by blurring or dilution by
tarnishment, such person may at any time, upon payment of the
prescribed fee and the filing of a petition stating the ground
therefor, apply to the Director to cancel such registration.''.
(e) Definitions.--Section 45 of the Trademark Act of 1946 (15
U.S.C. 1127) is amended by striking the definition relating to the term
``dilution''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Trademark Dilution Revision Act of 2006 - Amends the Trademark Act of 1946 to revise provisions relating to trademark dilution.
Entitles an owner of a famous mark that is distinctive to an injunction against another person who commences use of a mark of trade name, after it has become famous, in commerce in a manner that is likely to cause dilution by blurring or tarnishment, regardless of the presence or absence of actual or likely confusion, competition, or actual economic injury.
Defines a mark as famous if it is widely recognized by the general consuming public as a designation of the source of the goods or services of the mark's owner. Allows the court to consider all relevant factors when determining whether a mark is famous, including: (1) the duration, extent, and geographic reach of advertising and publicity of the mark; (2) the amount, volume, and geographic extent of sales of goods or services offered under the mark; (3) the extent of actual recognition of the mark; and (4) whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register.
Defines "dilution by blurring" as an association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctiveness of the famous mark. Allows the court to consider all relevant factors when determining whether a mark or trade name is likely to cause dilution by blurring, including: (1) the degree of similarity; (2) the degree of inherent or acquired distinctiveness of the famous mark; (3) the extent to which the owner of the famous mark is engaging in substantially exclusive use of the mark; (4) the degree of recognition of the famous mark; (5) whether the user of the mark or trade name intended to create an association with the famous mark; and (6) any actual association between the mark or trade name and the famous mark.
Defines "dilution by tarnishment" as an association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark.
Declares that certain acts are not actionable as dilution by blurring or tarnishment, including: (1) any fair use of a famous mark by another person other than as a designation of source for the person's own goods or services, including for advertising or promotion that permits consumers to compare goods or services, or identifying and parodying, criticizing, or commenting upon the famous mark owner or the owner's goods or services; (2) all forms of news reporting and news commentary; and (3) any noncommercial use of a mark.
Requires the person who asserts trade dress protection for trade dress not registered on the principal register in a civil action for trade dress dilution to prove that: (1) the claimed trade dress, taken as a whole, is not functional and is famous; and (2) if the claimed trade dress includes any mark or marks registered on the principal register, the unregistered matter, taken as a whole, is famous separate and apart from any fame of such registered marks.
Allows the owner of a famous mark to seek additional remedies in an action under this Act if the person against whom the injunction is sought: (1) first used the mark or trade name in commerce after the date of enactment of this Act; (2) willfully intended to trade on the recognition of the famous mark; or (3) willfully intended to harm the reputation of the famous mark.
Declares that ownership of a valid registration is a complete bar to an action under state common law or statute that seeks to prevent dilution by blurring or tarnishment or that asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement. | To amend the Trademark Act of 1946 with respect to dilution by blurring or tarnishment. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telecommunications Competition
Enforcement Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds:
(1) The Telecommunications Act of 1996 put in place the
proper framework to achieve competition in local
telecommunications markets.
(2) The Telecommunications Act of 1996 required that all
incumbent local exchange carriers open their markets to
competition by interconnecting with and providing network
access to new entrants, a process to be overseen by Federal and
State regulators.
(3) To increase the incentives of the Bell operating
companies to open their local networks to competition, the
Telecommunications Act of 1996 allows the Bell operating
companies to provide interLATA long distance service in their
service region only after opening their local networks to
competition.
(4) While significant progress has been made in opening
local telecommunications markets, 3 years after passage of the
Act, not a single Bell operating company has opened its network
to competition as required by the Telecommunications Act of
1996.
(5) It is apparent that the incumbent local exchange
carriers do not have adequate incentives to cooperate in this
process and that regulators have not exercised their
enforcement authority to require compliance.
(6) By improving mandatory penalties on Bell operating
companies and incumbent telephone companies that have not
opened their network to competition, there will be greater
assurance that local telecommunications markets will be opened
more expeditiously and, as a result, American consumers will
obtain the full benefits of competition.
SEC. 3. PURPOSE.
The purpose of this Act is to impose penalties on telephone
companies that have not complied with the Telecommunications Act of
1996 in order to ensure that local telecommunications markets are
opened more rapidly to full, robust, and sustainable competition.
SEC. 4. ENFORCEMENT AUTHORITY.
Title 2 of the Communications Act of 1934 (47 U.S.C. 201 et seq.)
is amended by adding at the end the following new section:
``SEC. 262. ENFORCEMENT AUTHORITY.
``(a) In General.--
``(1) If the Commission finds that a Bell operating company
has not fully implemented the competitive checklist in section
271(c)(2)(B) for all telecommunications (including voice,
video, and data) for at least one-half of the States in its
region by February 8, 2001, as determined by the Commission
under Commission policies adopted as of June 1, 1999, the
Commission shall assess on such company a forfeiture penalty of
$100,000 for each day of the continuing violation until the
Commission determines that the Bell operating company has fully
implemented section 271(c)(2)(B).
``(2) If the Commission finds that a Bell operating company
has not fully implemented the competitive checklist in section
271(c)(2)(B) for all telecommunications (including voice,
video, and data) in all States in its region by February 8,
2003, as determined by the Commission under Commission policies
adopted as of June 1, 1999, the Commission shall order the Bell
operating company to divest itself of its telecommunications
network facilities within 180 days in States in which it has
not fully implemented the requirements of section 271(c)(2)(B).
The Bell operating company owning or controlling those
telecommunications network facilities shall provide neither
telecommunications nor information services to subscribers who
are telecommunications carriers in States in which it is in
violation of section 271(c)(2)(B) until the Commission finds
that effective facilities-based local competition exists in the
relevant market.
``(b) Ensure Markets Are Open to Competition.--
``(1) For an incumbent local exchange carrier (as defined
in section 251(h)), other than a Bell operating company, with
more than 5 percent of the access lines in the nation the
Commission shall ensure, upon receipt of a petition from any
interested party, that the company's markets are open to
competition by completing an investigation within 120 days to
determine whether such incumbent local exchange carrier has
fully complied with section 251(c) for all telecommunications
(including voice, video, and data).
``(2) In determining compliance with section 251(c), the
Commission shall consult with the relevant State regulators and
shall use as a benchmark the practices and performance of other
incumbent local exchange carriers in the State and region.
``(3)(A) If the Commission finds that such incumbent local
exchange carrier is not in full compliance with section 251(c)
for all telecommunications (including voice, video, and data),
the Commission shall explicitly state the reasons for such
carrier not being in full compliance and allow the carrier 60
days to come into full compliance.
``(B) If such carrier does not come into full compliance at
the end of the 60-day period, the Commission shall--
``(i) assess on the carrier a forfeiture penalty of
$50,000 per day of the continuing violation; and
``(ii) order the carrier to cease and desist in
marketing and selling long distance services to new
customers.
Such forfeiture penalty and cease and desist order shall
continue until the Commission finds that the carrier is in
compliance with section 251(c).
``(c) Post Approval Protections.--
``(1) In general.--If at any time after the approval of an
application consistent with the requirements of section 271,
the Commission determines that a Bell operating company has
ceased to meet one or more of the requirements of section
271(c)(2)(B) for all telecommunications (including voice,
video, and data), the Commission shall, after notice and
opportunity for a hearing assess on the company a forfeiture
penalty of $100,000 for each violation and for each day of the
continuing violation.
``(2) Penalty.--If at any time after the approval of an
application consistent with the requirements of section 271,
the Commission determines that a Bell operating company has
willfully, knowingly, and repeatedly ceased to meet one or more
of the requirements of section 271(c)(2)(B) for all
telecommunications (including voice, video, and data), the
Commission shall, after notice and opportunity for a hearing
order the company to divest itself of its telecommunications
network facilities within 180 days in States in which it has
ceased to meet the requirements of section 271(c)(2)(B).
``(d) Authority.--Notwithstanding any other provision of this Act,
the Commission shall have full authority to order, implement, and
enforce the provisions of this section. In implementing this section,
the Commission shall ensure that it does not alter the policies and
standards in effect as of June 1, 1999, for ensuring compliance with
section 271 of the Act.
``(e) Additional Provisions.--The provisions of this section are in
addition to the penalties and forfeitures provided by title 5 of this
Act.''. | Telecommunications Competition Enforcement Act of 1999 - Amends the Communications Act of 1934 to mandate that if the Federal Communications Commission (FCC) finds that a Bell operating company (BOC) has not fully implemented the requirements under the Telecommunications Act of 1996 for full and open competition with regard to network access for all telecommunications (voice, video, and data) for at least one-half of the States in its region by February 8, 2001, the FCC shall assess a forfeiture penalty of $100,000 per day for each day of continuing violation of such requirements. Provides that if such requirements are not met by a BOC by February 8, 2003, the FCC shall order the BOC to divest itself of its telecommunications network facilities within 180 days.
Requires the FCC to ensure, for an incumbent local exchange carrier, other than a BOC, with more than five percent of the national access lines, that such company's markets are open to competition by completing an investigation within 120 days to determine whether such carrier has fully complied with such competition requirements for all telecommunications. Allows a noncomplying carrier 60 days to achieve such compliance, with penalties for violations after such period.
Allows the FCC to assess forfeiture penalties on a BOC if, at any time after its approval, the FCC determines that such BOC has ceased to meet the open competition requirements. | Telecommunications Competition Enforcement Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Bond Fairness Act''.
TITLE I--DISCRIMINATORY RATINGS TREATMENT OF STATE AND MUNICIPAL
SECURITIES
SEC. 101. PRESERVATION OF AUTHORITY TO PREVENT DISCRIMINATION.
Section 15E of the Securities Exchange Act of 1934 (15 U.S.C. 78o-
7) is amended--
(1) by redesignating subsection (p) as subsection (q); and
(2) by inserting after subsection (o) the following new
subsection:
``(p) Ratings Clarity and Consistency.--
``(1) Commission obligation.--Subject to paragraphs (2) and
(3), the Commission shall require each nationally recognized
statistical rating organization that is registered under this
section to establish, maintain, and enforce written policies
and procedures reasonably designed--
``(A) to establish and maintain credit ratings with
respect to securities and money market instruments
designed to assess the risk that investors in
securities and money market instruments may not receive
payment in accordance with the terms of issuance of
such securities and instruments;
``(B) to define clearly any rating symbol used by
that organization; and
``(C) to apply such rating symbol in a consistent
manner for all types of securities and money market
instruments.
``(2) Additional credit factors.--Nothing in paragraph
(1)(A), (B), or (C)--
``(A) prohibits a nationally recognized statistical
rating organization from using additional credit
factors that are documented and disclosed by the
organization and that have a demonstrated impact on the
risk an investor in a security or money market
instrument will not receive repayment in accordance
with the terms of issuance; or
``(B) prohibits a nationally recognized statistical
rating organization from considering credit factors
that are unique to municipal securities that are not
backed by the issuer's full faith and credit in its
assessment of the risk an investor in a security or
money market instrument will not receive repayment in
accordance with the terms of issuance.
``(3) Complementary ratings.--The Commission shall not
impose any requirement under paragraph (1) that prevents
nationally recognized statistical rating organizations from
establishing ratings that are complementary to the ratings
described in paragraph (1)(A) and that are created to measure a
discrete aspect of the security's or instrument's risk.
``(4) Review.--
``(A) Performance measures.--The Commission shall,
by rule, establish performance measures that the
Commission shall consider when deciding whether to
initiate a review concerning whether a nationally
recognized statistical rating organization has failed
to adhere to such organization's stated procedures and
methodologies for issuing ratings on securities or
money market instruments.
``(B) Consideration of evidence.--Performance
measures the Commission may consider in initiating a
review of an organization's ratings in each of the
categories described in clauses (i) through (v) of
section 3(a)(62)(B) during an appropriate interval (as
determined by the Commission) include the transition
and default rates of its in discrete asset classes.''.
SEC. 102. GENERAL ACCOUNTABILITY OFFICE STUDY OF CREDIT RATINGS.
(a) Study Required.--The Comptroller General shall conduct a study
of the treatment of different classes of bonds (municipal versus
corporate) by the nationally recognized statistical rating
organizations. Such study shall examine--
(1) whether there are fundamental differences in the
treatment of different classes of bonds by such rating
organizations that cause some classes of bonds to suffer from
undue discrimination;
(2) if there are such differences, what are the causes of
such differences and how can they be alleviated;
(3) whether there are factors other than risk of loss that
are appropriate for the credit ratings agencies to consider
when rating bonds, and do those factors vary across different
sectors;
(4) the types of financing arrangement used by municipal
issuers;
(5) the differing legal and regulatory regimes governing
disclosures for corporate bonds and municipal bonds;
(6) the extent to which retail investors could be
disadvantaged by a single ratings scale; and
(7) practices, policies, and methodologies by the
nationally recognized statistical rating organizations with
respect to rating municipal bonds.
(b) Report Required.--Within 6 months after the date of enactment
of this Act, the Comptroller General shall submit a report on the
results of the study required by subsection (a) to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Development of the Senate. Such report
shall include an assessment of each of the issues and subjects
described in paragraphs (1) through (7) of subsection (a).
SEC. 103. IMPLEMENTATION.
The Securities and Exchange Commission shall prescribe rules to
implement the amendments made by section 101 within 270 days after the
date of enactment of this Act.
TITLE II--REVIEW OF MUNICIPAL BOND INSURANCE INDUSTRY
SEC. 201. AUTHORITY OF SECRETARY.
(a) Authority To Receive and Collect Information.--Subject to
subsection (b), the Secretary of the Treasury shall have the authority
to receive and collect (directly from the States and other sources),
and to analyze and disseminate, data and information, and to issue
reports, regarding entities that insure or guarantee the payment of any
portion of the principal and interest of any municipal obligation,
including information, data and material regarding--
(1) financial safety and soundness of such entities;
(2) concentration of insurance liabilities of such
entities;
(3) performance of such entities under various scenarios of
macro- and micro-economic stress;
(4) underwriting standards for such entities; and
(5) risk management of such entities.
(b) Limitations.--With respect to the authority under subsection
(a)--
(1) the submission of any non-publicly available data and
information to the Secretary shall be voluntary and such
submission shall not constitute a waiver of, or otherwise
affect, any privilege or confidentiality protection to which
the data or information is otherwise subject;
(2) to the extent that any such data and information has
already been received or collected by, or can efficiently be
received or collected by, the States (including the insurance
commissioners of the States), the National Association of
Insurance Commissioners, or any other appropriate source, the
Secretary may enter into an information-sharing agreement with
such source to provide for the receipt of such data by the
Secretary;
(3) any requirement under Federal or State law to the
extent otherwise applicable, or any requirement pursuant to a
written agreement in effect between the original source of any
non-publicly available data or information and the source of
such data or information to the Secretary, regarding the
privacy or confidentiality of any data or information in the
possession of the source to the Secretary, and any privilege
arising under Federal or State law (including the rules of any
Federal or State court) with respect to such data or
information, shall continue to apply to such data or
information after the data or information has been provided
pursuant to this subsection to the Secretary;
(4) the Secretary shall treat as confidential and
privileged any data or information obtained from any source
that is entitled to confidential treatment under applicable
State or Federal law or regulations, or under any agreement to
which the source is a party and shall take all reasonable steps
to oppose any effort to secure disclosure of the data or
information by the Secretary;
(5) the Secretary may not in any case disclose to any party
any personally identifiable information received or collected
by the Secretary pursuant to this subsection; and
(6) any non-publicly available data and information
received or collected by the Secretary pursuant to this
subsection shall be considered trade secrets and commercial or
financial information that is privileged and confidential
pursuant to section 552(b)(4) of title 5, United States Code.
SEC. 202. REPORTS TO CONGRESS.
The Secretary shall submit a report annually to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate on the financial
state of the industry for insurance and guarantee of municipal bonds,
meaningful trends in such industry, and the potential impacts on the
overall financial system in the United States that entities providing
such insurance and guarantees could have under various scenarios of
macro- and micro-economic stress.
SEC. 203. RETENTION OF EXISTING REGULATORY AUTHORITY.
This title may not be construed to establish any supervisory or
regulatory authority of the Secretary over any entity that insures or
guarantees the payment of any portion of the principal and interest of
any municipal obligation.
SEC. 204. DEFINITIONS.
For purposes of this title, the following definitions shall apply:
(1) Municipal obligation.--The term ``municipal
obligation'' means any bond, note, security, or other debt
obligation issued by any State, any political subdivision of a
State, one or more political subdivisions of a State, or a
State and one or more of its political subdivisions, by any
agency, department, office, authority, or other instrumentality
of a State, any political subdivision of a State, one or more
political subdivisions of a State, or a State and one or more
of its political subdivisions, or by any other entity eligible
to issue bonds the interest on which is excludable from gross
income under section 103 of the Internal Revenue Code of 1986.
(2) Political subdivision.--The term ``political
subdivision'' includes any city, county, town, township,
parish, village, or other general purpose political subdivision
of a State and any school, utility, fire, or tax district, or
other special purpose political subdivision of a State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(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. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for
carrying out this title such sums as may be necessary for each fiscal
year. | Municipal Bond Fairness Act - Title I: Discriminatory Ratings Treatment of State and Municipal Securities - (Sec. 101) Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to require each registered nationally recognized statistical rating organization (NSRO) (credit rating agency) to establish, maintain, and enforce written policies and procedures reasonably designed to: (1) establish and maintain credit ratings with respect to securities and money market instruments designed to assess the risk that investors in such instruments may not receive payment in accordance with their terms of issuance; and (2) define clearly any rating symbol and apply it consistently.
Permits an NSRO to consider the following when assessing the risk that an investor in a security or money market instrument will not receive repayment in accordance with the terms of issuance: (1) additional credit factors that it has documented and disclosed; or (2) credit factors that are unique to municipal securities that are not backed by the issuer's full faith and credit.
Prohibits the SEC from imposing any requirement that prevents an NSRO from establishing ratings that are complementary to mandatory ratings and that are created to measure a discrete aspect of risk.
Directs the SEC to establish performance measures, which may include transition and default rates in discrete asset classes, to consider when deciding whether to initiate a review concerning whether an NSRO has failed to adhere to its procedures and methodologies for issuing ratings.
(Sec. 102) Directs the Comptroller General to study and report to certain congressional committees on the treatment of different classes of bonds (municipal versus corporate) by the NSROs.
Title II: Review of Municipal Bond Insurance Industry - (Sec. 201) Authorizes the Secretary of the Treasury to receive (directly from states and other sources), analyze, and disseminate information: (1) about entities that insure or guarantee the payment of principal and interest of any municipal obligation; and (2) from state insurance regulatory authorities and the National Association of Insurance Commissioners (NAIC).
Requires any submission to the Secretary of non-publicly available data and information to be voluntary. States that such a submission does not constitute a waiver of, or otherwise affect, any privilege or confidentiality protection to which the data or information is otherwise subject.
Authorizes the Secretary to enter into an information-sharing agreement with states, NAIC, or other appropriate sources to provide for the receipt of any data and information such sources have already received or collected, or can efficiently receive or collect.
Requires the Secretary to treat as confidential and privileged data or information obtained from any source that is entitled to confidential treatment under applicable state or federal law or regulations, or under any agreement to which the source is a party.
Prohibits the Secretary from disclosing personally identifiable information received or collected under this Act.
Considers non-publicly available data and information received or collected under this Act as trade secrets and commercial or financial information that is privileged and confidential.
(Sec. 202) Directs the Secretary to report annually to certain congressional committees on: (1) the financial state of the industry for insurance and guarantee of municipal bonds; (2) meaningful trends in such industry; and (3) potential impacts that entities providing such insurance and guarantees could have upon the overall domestic financial system under various scenarios of macro- and micro-economic stress.
(Sec. 203) Prohibits construction of this Act to establish any supervisory or regulatory authority of the Secretary over any entity that insures or guarantees the payment of any portion of the principal and interest of any municipal obligation.
(Sec. 205) Authorizes appropriations. | To ensure uniform and accurate credit rating of municipal bonds and provide for a review of the municipal bond insurance industry. |
Subtitle B--Internet Pharmacies
SEC. 911. FINDINGS.
The Congress finds as follows:
(1) Legitimate Internet sellers of prescription drugs can
offer substantial benefits to consumers. These potential
benefits include convenience, privacy, valuable information,
competitive prices, and personalized services.
(2) Unlawful Internet sellers of prescription drugs may
dispense inappropriate, contaminated, counterfeit, or subpotent
prescription drugs that could put at risk the health and safety
of consumers.
(3) Unlawful Internet sellers have exposed consumers to
significant health risks by knowingly filling invalid
prescriptions, such as prescriptions based solely on an online
questionnaire, or by dispensing prescription drugs without any
prescription.
(4) Consumers may have difficulty distinguishing legitimate
from unlawful Internet sellers, as well as foreign from
domestic Internet sellers, of prescription drugs.
SEC. 912. AMENDMENT TO FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A
the following:
``SEC. 503B. INTERNET PRESCRIPTION DRUG SALES.
``(a) Definitions.--For purposes of this section:
``(1) Consumer.--The term `consumer' means a person (other
than an entity licensed or otherwise authorized under Federal
or State law as a pharmacy or to dispense or distribute
prescription drugs) that purchases or seeks to purchase
prescription drugs through the Internet.
``(2) Home page.--The term `home page' means the entry
point or main web page for an Internet site.
``(3) Internet.--The term `Internet' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected worldwide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio,
including electronic mail.
``(4) Interstate internet seller.--
``(A) In general.--The term `interstate Internet
seller' means a person whether in the United States or
abroad, that engages in, offers to engage in, or causes
the delivery or sale of a prescription drug through the
Internet and has such drug delivered directly to the
consumer via the Postal Service, or any private or
commercial interstate carrier to a consumer in the
United States who is residing in a State other than the
State in which the seller's place of business is
located. This definition excludes a person who only
delivers a prescription drug to a consumer, such as an
interstate carrier service.
``(B) Exemption.--With respect to the consumer
involved, the term `interstate Internet seller' does
not include a person described in subparagraph (A)
whose place of business is located within 75 miles of
the consumer.
``(5) Link.--The term `link' means either a textual or
graphical marker on a web page that, when clicked on, takes the
consumer to another part of the Internet, such as to another
web page or a different area on the same web page, or from an
electronic message to a web page.
``(6) Pharmacy.--The term `pharmacy' means any place
licensed or otherwise authorized as a pharmacy under State law.
``(7) Prescriber.--The term `prescriber' means an
individual, licensed or otherwise authorized under applicable
Federal and State law to issue prescriptions for prescription
drugs.
``(8) Prescription drug.--The term `prescription drug'
means a drug under section 503(b)(1).
``(9) Valid prescription.--The term `valid prescription'
means a prescription that meets the requirements of section
503(b)(1) and other applicable Federal and State law.
``(10) Web site; site.--The terms `web site' and `site'
mean a specific location on the Internet that is determined by
Internet protocol numbers or by a domain name.
``(b) Requirements for Interstate Internet Sellers.--
``(1) In general.--Each interstate Internet seller shall
comply with the requirements of this subsection with respect to
the sale of, or the offer to sell, prescription drugs through
the Internet and shall at all times display on its web site
information in accordance with paragraph (2).
``(2) Web site disclosure information.--An interstate
Internet seller shall post in a visible and clear manner (as
determined by regulation) on the home page of its web site, or
on a page directly linked to such home page--
``(A) the street address of the interstate Internet
seller's place of business, and the telephone number of
such place of business;
``(B) each State in which the interstate Internet
seller is licensed or otherwise authorized as a
pharmacy, or if the interstate Internet seller is not
licensed or otherwise authorized by a State as a
pharmacy, each State in which the interstate Internet
seller is licensed or otherwise authorized to dispense
prescription drugs, and the type of State license or
authorization;
``(C) in the case of an interstate Internet seller
that makes referrals to or solicits on behalf of a
prescriber, the name of each prescriber, the street
address of each such prescriber's place of business,
the telephone number of such place of business, each
State in which each such prescriber is licensed or
otherwise authorized to prescribe prescription drugs,
and the type of such license or authorization; and
``(D) a statement that the interstate Internet
seller will dispense prescription drugs only upon a
valid prescription.
``(3) Date of posting.--Information required to be posted
under paragraph (2) shall be posted by an interstate Internet
seller--
``(A) not later than 90 days after the effective
date of this section if the web site of such seller is
in operation as of such date; or
``(B) on the date of the first day of operation of
such seller's web site if such site goes into operation
after such date.
``(4) Qualifying statements.--An interstate Internet seller
shall not indicate in any manner that posting disclosure
information on its web site signifies that the Federal
Government has made any determination on the legitimacy of the
interstate Internet seller or its business.
``(5) Disclosure to state licensing boards.--An interstate
Internet seller licensed or otherwise authorized to dispense
prescription drugs in accordance with applicable State law
shall notify each State entity that granted such licensure or
authorization that it is an interstate Internet seller, the
name of its business, the Internet address of its business, the
street address of its place of business, and the telephone
number of such place of business.
``(6) Regulations.--The Secretary is authorized to
promulgate such regulations as are necessary to carry out the
provisions of this subsection. In issuing such regulations, the
Secretary--
``(A) shall take into consideration disclosure
formats used by existing interstate Internet seller
certification programs; and
``(B) shall in defining the term `place of
business' include provisions providing that such place
is a single location at which employees of the business
perform job functions, and not a post office box or
similar locale.''.
(b) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(bb) The failure to post information required under section
503B(b)(2) or for knowingly making a materially false statement when
posting such information as required under such section or violating
section 503B(b)(4).''.
SEC. 913. PUBLIC EDUCATION.
The Secretary of Health and Human Services shall engage in
activities to educate the public about the dangers of purchasing
prescription drugs from unlawful Internet sources. The Secretary should
educate the public about effective public and private sector consumer
protection efforts, as appropriate, with input from the public and
private sectors, as appropriate.
SEC. 914. STUDY REGARDING COORDINATION OF REGULATORY ACTIVITIES.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Health and Human Services, after consultation with the
Attorney General, shall submit to Congress a report providing
recommendations for coordinating the activities of Federal agencies
regarding interstate Internet sellers that operate from foreign
countries and for coordinating the activities of the Federal Government
with the activities of governments of foreign countries regarding such
interstate Internet sellers.
SEC. 915. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect 1 year after
the date of enactment of this Act, except that the authority of the
Secretary of Health and Human Services to commence the process of
rulemaking is effective on the date of enactment of this Act. | Amends the Federal Food, Drug, and Cosmetic Act to require each interstate Internet seller to comply with requirements of this Act with respect to the sale or offer of prescription drugs. Requires the seller to: (1) post visibly on its web site home page its street address, the States in which it is authorized as a pharmacy, certain prescriber information, and a statement it will dispense prescription drugs only upon a valid prescription; and (2) disclose such information to State licensing boards.Directs the Secretary of Health and Human Services to: (1) engage in activities to educate the public about the dangers of purchasing prescription drugs from unlawful Internet sources; and (2) recommend to Congress the coordination of activities of Federal agencies regarding Internet sellers that operate from foreign countries with the activities of such foreign governments. | To amend the Federal Food, Drug, and Cosmetic Act to establish requirements with respect to the sale of, or the offer to sell, prescription drugs through the Internet, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copper Salmon Wilderness Act of
2008''.
SEC. 2. DESIGNATION OF THE COPPER SALMON WILDERNESS.
(a) Designation.--Section 3 of the Oregon Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-328) is amended--
(1) in the matter preceding paragraph (1), by striking
``eight hundred fifty-nine thousand six hundred acres'' and
inserting ``871,593 acres'';
(2) in paragraph (29), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(30) certain land in the Siskiyou National Forest,
comprising approximately 11,922 acres, as generally depicted on
the map entitled `Copper Salmon Wilderness Proposal' and dated
April 1, 2008, to be known as the `Copper Salmon
Wilderness'.''.
(b) Maps and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture (referred
to in this Act as the ``Secretary'') shall file a map and a
legal description of the Copper Salmon Wilderness with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
typographical errors in the map and legal description.
(3) Boundary.--If the boundary of the Copper Salmon
Wilderness shares a border with a road, the Secretary may only
establish an offset that is not more than 150 feet from the
centerline of the road.
(4) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
SEC. 3. WILD AND SCENIC RIVER DESIGNATIONS, ELK RIVER, OREGON.
Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(76)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``19-mile segment'' and inserting ``28.2-mile segment'';
(2) in subparagraph (A), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (B) and inserting the
following:
``(B)(i) The approximately 0.6-mile segment of the
North Fork Elk from its source in sec. 21, T. 33 S., R.
12 W., Willamette Meridian, downstream to 0.01 miles
below Forest Service Road 3353, as a scenic river.
``(ii) The approximately 5.5-mile segment of the
North Fork Elk from 0.01 miles below Forest Service
Road 3353 to its confluence with the South Fork Elk, as
a wild river.
``(C)(i) The approximately 0.9-mile segment of the
South Fork Elk from its source in the southeast quarter
of sec. 32, T. 33 S., R. 12 W., Willamette Meridian,
downstream to 0.01 miles below Forest Service Road
3353, as a scenic river.
``(ii) The approximately 4.2-mile segment of the
South Fork Elk from 0.01 miles below Forest Service
Road 3353 to its confluence with the North Fork Elk, as
a wild river.''.
SEC. 4. PROTECTION OF TRIBAL RIGHTS.
(a) In General.--Nothing in this Act shall be construed as
diminishing any right of any Indian tribe.
(b) Memorandum of Understanding.--The Secretary shall seek to enter
into a memorandum of understanding with the Coquille Indian Tribe
regarding access to the Copper Salmon Wilderness to conduct historical
and cultural activities.
SEC. 5. DESIGNATION OF POTENTIAL WILDERNESS AREA, SISKIYOU NATIONAL
FOREST, OREGON.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain National Forest System land in
the State of Oregon administered by the Forest Service as part of the
Siskiyou National Forest and compromising approximately 1,708 acres, as
generally depicted on the map entitled ``Copper Salmon Wilderness
Proposal'' and dated April 1, 2008, are designated as a potential
wilderness area for eventual inclusion in the Copper Salmon Wilderness
designated by paragraph (30) of section 3 of the Oregon Wilderness Act
of 1984 (16 U.S.C. 1132 note; Public Law 98-328), as added by section
2.
(b) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall file with the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a map and legal
description of potential wilderness area designated by subsection (a).
The map and legal description shall have the same force and effect as
if included in this Act, except that the Secretary may correct clerical
and typographical errors in the map and description. In the case of any
discrepancy between the acreage specified in subsection (a) and the
map, the map shall control. The map and legal description shall be on
file and available for public inspection in the Office of the Chief of
the Forest Service.
(c) Management.--Except as provided in subsection (d) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area designated by subsection (a) as wilderness until its
designated as wilderness under subsection (e).
(d) Ecological Restoration.--
(1) In general.--For the purposes of implementing the
planned ecological restoration approved by the Decision Notice
and Finding of No Significant Impact for the Environmental
Assessment for the Coastal Healthy Forest Treatments, dated May
25, 2007, the Secretary may use motorized equipment and
mechanized transport in the potential wilderness area until its
designated as wilderness under subsection (e).
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative practice
necessary to accomplish ecological restoration under paragraph
(1) with the least amount of adverse impact on wilderness
character and resources.
(e) Eventual Wilderness Designation.--The potential wilderness area
designated by subsection (a) shall be designated as wilderness on the
earlier of--
(1) the date on which the Secretary publishes in the
Federal Register notice that the conditions in the potential
wilderness area that are incompatible with the Wilderness Act
(16 U.S.C. 1131 et seq.) have been removed; or
(2) the date that is 10 years after the date of the
enactment of this Act.
(f) Incorporation Into Copper Salmon Wilderness; Administration.--
On its designation as wilderness under subsection (e), the potential
wilderness area designated by subsection (a) shall be--
(1) incorporated into the Copper Salmon Wilderness; and
(2) administered in accordance with the Wilderness Act, the
Oregon Wilderness Act of 1984, and other laws applicable to the
Copper Salmon Wilderness, except that, with respect to the
potential wilderness area, any reference in the Wilderness Act
to the effective date of that Act shall be deemed to be a
reference to the date on which the lands are designated as
wilderness under subsection (e).
Passed the House of Representatives April 22, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Copper Salmon Wilderness Act of 2008 - Amends the Oregon Wilderness Act of 1984 to designate certain lands in Siskiyou National Forest as the "Copper Salmon Wilderness."
Allows the Secretary of Agriculture, if the boundary of the Copper Salmon Wilderness shares a border with a road, to only establish an offset that is not more than 150 feet from the centerline of the road.
Amends the Wild and Scenic Rivers Act to designate specified segments of the North and South Forks of the Elk River in Oregon as wild or scenic rivers.
Prohibits anything in this Act from being construed as diminishing any right of any Indian tribe.
Directs the Secretary to seek to enter into a memorandum of understanding with the Coquille Indian tribe regarding access to the Copper Salmon Wilderness to conduct historical and cultural activities.
Designates certain National Forest System land in Oregon, which is administered as part of the Siskiyou National Forest, as a potential wilderness area for eventual inclusion in the Copper Salmon Wilderness.
Requires the Secretary to manage the potential wilderness area as wilderness until it is designated as wilderness.
Authorizes, for the purposes of implementing a specified planned ecological restoration, the use of motorized equipment and mechanized transport in the potential wilderness area.
Declares that the potential wilderness area shall be designated as wilderness on the earlier of: (1) the date on which the Secretary publishes in the Federal Register the notice that the conditions in the area that are incompatible with the Wilderness Act have been removed; and (2) the date that is ten years after the enactment of this Act.
Requires the potential wilderness area upon its designation as wilderness to be incorporated into the Copper Salmon Wilderness. | To amend the Oregon Wilderness Act of 1984 to designate the Copper Salmon Wilderness and to amend the Wild and Scenic Rivers Act to designate segments of the North and South Forks of the Elk River in the State of Oregon as wild or scenic rivers, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Life Insurance
Improvement Act''.
SEC. 2. STUDY AND REPORT ON CERTAIN LIFE INSURANCE OPTIONS OFFERED TO
FEDERAL EMPLOYEES.
(a) In General.--Not later than July 31, 1998, the Office of
Personnel Management shall conduct a study on life insurance options
for Federal employees described under subsection (b) and submit a
report to Congress.
(b) Study and Report.--The study and report referred to under
subsection (a) shall--
(1) survey and ascertain the interest of Federal employees in
an offering under chapter 87 of title 5, United States Code, of
insurance coverage options relating to--
(A) group universal life insurance;
(B) group variable universal life insurance; and
(C) additional voluntary accidental death and dismemberment
insurance; and
(2) include any comments, analysis, and recommendations of the
Office of Personnel Management relating to such options.
SEC. 3. REPEAL OF MAXIMUM LIMITATION ON EMPLOYEE INSURANCE.
Chapter 87 of title 5, United States Code, is amended--
(1) in section 8701(c), in the first sentence, by striking the
comma immediately following ``$10,000'' and all that follows and
inserting a period; and
(2) in section 8714b(b), in the first sentence, by striking
``except'' and all that follows and inserting a period.
SEC. 4. FOSTER CHILD COVERAGE.
Section 8701(d)(1)(B) of title 5, United States Code, is amended by
inserting ``or foster child'' after ``stepchild'' both places it
appears.
SEC. 5. INCONTESTABILITY OF ERRONEOUS COVERAGE.
Section 8706 of title 5, United States Code, as amended by section
5(2), is further amended by adding at the end the following new
subsection:
``(g) The insurance of an employee under a policy purchased under
section 8709 shall not be invalidated based on a finding that the
employee erroneously became insured, or erroneously continued insurance
upon retirement or entitlement to compensation under subchapter I of
chapter 81 of this title, if such finding occurs after the erroneous
insurance and applicable withholdings have been in force for 2 years
during the employee's lifetime.''.
SEC. 6. DIRECT PAYMENT OF INSURANCE CONTRIBUTIONS.
Chapter 87 of title 5, United States Code, is amended--
(1) in section 8707--
(A) in subsection (a), by striking ``(a) During'' and
inserting ``(a) Subject to subsection (c)(2), during'';
(B) in subsection (b), by striking ``(b)(1) Whenever'' and
inserting ``(b)(1) Subject to subsection (c)(2), whenever'';
and
(C) in subsection (c), by inserting ``(1)'' immediately
after ``(c)'' and by adding at the end the following new
paragraph:
``(2) An employee who is subject to withholdings under this section
and whose pay, annuity, or compensation is insufficient to cover such
withholdings may nevertheless continue insurance if the employee
arranges to pay currently into the Employees' Life Insurance Fund,
through the agency or retirement system that administers pay, annuity,
or compensation, an amount equal to the withholdings that would
otherwise be required under this section.'';
(2) in section 8714a(d), by adding at the end the following new
paragraph:
``(3) Notwithstanding paragraph (1), an employee who is subject to
withholdings under this subsection and whose pay, annuity, or
compensation is insufficient to cover such withholdings may
nevertheless continue optional insurance if the employee arranges to
pay currently into the Employees' Life Insurance Fund, through the
agency or retirement system which administers pay, annuity, or
compensation, an amount equal to the withholdings that would otherwise
be required under this subsection.'';
(3) in section 8714b(d), by adding at the end the following new
paragraph:
``(3) Notwithstanding paragraph (1), an employee who is subject to
withholdings under this subsection and whose pay, annuity, or
compensation is insufficient to cover such withholdings may
nevertheless continue additional optional insurance if the employee
arranges to pay currently into the Employees' Life Insurance Fund,
through the agency or retirement system which administers pay, annuity,
or compensation, an amount equal to the withholdings that would
otherwise be required under this subsection.''; and
(4) in section 8714c(d), by adding at the end the following new
paragraph:
``(3) Notwithstanding paragraph (1), an employee who is subject to
withholdings under this subsection and whose pay, annuity, or
compensation is insufficient to cover such withholdings may
nevertheless continue optional life insurance on family members if the
employee arranges to pay currently into the Employees' Life Insurance
Fund, through the agency or retirement system that administers pay,
annuity, or compensation, an amount equal to the withholdings that
would otherwise be required under this subsection.''.
SEC. 7. ADDITIONAL OPTIONAL LIFE INSURANCE CONTINUATION AND
PORTABILITY.
(a) In General.--Section 8714b of title 5, United States Code, is
amended--
(1) in subsection (c)--
(A) by striking the last 2 sentences of paragraph (2); and
(B) by adding at the end the following:
``(3) The amount of additional optional insurance continued under
paragraph (2) shall be continued, with or without reduction, in
accordance with the employee's written election at the time eligibility
to continue insurance during retirement or receipt of compensation
arises, as follows:
``(A) The employee may elect to have withholdings cease in
accordance with subsection (d), in which case--
``(i) the amount of additional optional insurance continued
under paragraph (2) shall be reduced each month by 2 percent
effective at the beginning of the second calendar month after
the date the employee becomes 65 years of age and is retired or
is in receipt of compensation; and
``(ii) the reduction under clause (i) shall continue for 50
months at which time the insurance shall stop.
``(B) The employee may, instead of the option under
subparagraph (A), elect to have the full cost of additional
optional insurance continue to be withheld from such employee's
annuity or compensation on and after the date such withholdings
would otherwise cease pursuant to an election under subparagraph
(A), in which case the amount of additional optional insurance
continued under paragraph (2) shall not be reduced, subject to
paragraph (4).
``(C) An employee who does not make any election under the
preceding provisions of this paragraph shall be treated as if such
employee had made an election under subparagraph (A).
``(4) If an employee makes an election under paragraph (3)(B), that
individual may subsequently cancel such election, in which case
additional optional insurance shall be determined as if the individual
had originally made an election under paragraph (3)(A).
``(5)(A) An employee whose additional optional insurance under this
section would otherwise stop in accordance with paragraph (1) and who
is not eligible to continue insurance under paragraph (2) may elect,
under conditions prescribed by the Office of Personnel Management, to
continue all or a portion of so much of the additional optional
insurance as has been in force for not less than--
``(i) the 5 years of service immediately preceding the date of
the event which would cause insurance to stop under paragraph (1);
or
``(ii) the full period or periods of service during which the
insurance was available to the employee, if fewer than 5 years,
at group rates established for purposes of this section, in lieu of
conversion to an individual policy. The amount of insurance continued
under this paragraph shall be reduced by 50 percent effective at the
beginning of the second calendar month after the date the employee or
former employee attains age 70 and shall stop at the beginning of the
second calendar month after attainment of age 80, subject to a
provision for temporary extension of life insurance coverage and for
conversion to an individual policy of life insurance under conditions
approved by the Office. Alternatively, insurance continued under this
paragraph may be reduced or stopped at any time the employee or former
employee elects.
``(B) When an employee or former employee elects to continue
additional optional insurance under this paragraph following separation
from service or 12 months without pay, the insured individual shall
submit timely payment of the full cost thereof, plus any amount the
Office determines necessary to cover associated administrative
expenses, in such manner as the Office shall prescribe by regulation.
Amounts required under this subparagraph shall be deposited, used, and
invested as provided under section 8714 and shall be reported and
accounted for together with amounts withheld under section 8714a(d).
``(C)(i) Subject to clause (ii), no election to continue additional
optional insurance may be made under this paragraph 3 years after the
effective date of this paragraph.
``(ii) On and after the date on which an election may not be made
under clause (i), all additional optional insurance under this
paragraph for former employees shall terminate, subject to a provision
for temporary extension of life insurance coverage and for conversion
to an individual policy of life insurance under conditions approved by
the Office.''; and
(2) in the second sentence of subsection (d)(1) by inserting
``if insurance is continued as provided under subsection
(c)(3)(A),'' after ``except that,''.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Office of Personnel Management shall submit a report to
Congress on additional optional insurance provided under section
8714b(c)(5) of title 5, United States Code (as added by subsection (a)
of this section). Such report shall include recommendations on whether
continuation for such additional optional insurance should terminate as
provided under such section, be extended, or be made permanent.
(c) Technical Amendment.--The last sentence of section 8714b(d)(1)
of title 5, United States Code, is amended by inserting ``(and any
amounts withheld as provided in subsection (c)(3)(B))'' after ``Amounts
so withheld''.
SEC. 8. IMPROVED OPTIONAL LIFE INSURANCE ON FAMILY MEMBERS.
(a) In General.--Section 8714c(b) of title 5, United States Code,
is amended to read as follows:
``(b)(1) The optional life insurance on family members provided
under this section shall be made available to each eligible employee
who has elected coverage under this section, under conditions the
Office shall prescribe, in multiples, at the employee's election, of 1,
2, 3, 4, or 5 times--
``(A) $5,000 for a spouse; and
``(B) $2,500 for each child described under section 8701(d).
``(2) An employee may reduce or stop coverage elected pursuant to
this section at any time.''.
(b) Technical and Conforming Amendments.--Section 8714c of title 5,
United States Code, is amended--
(1) in subsection (c)(2), by striking ``section 8714b(c)(2) of
this title'' and inserting ``section 8714b(c) (2) through (4)'';
and
(2) in subsection (d)(1), by inserting before the last sentence
the following: ``Notwithstanding the preceding sentence, the full
cost shall be continued after the calendar month in which the
former employee becomes 65 years of age if, and for so long as, an
election under this section corresponding to that described in
section 8714b(c)(3)(B) remains in effect with respect to such
former employee.''.
SEC. 9. OPEN SEASON.
Beginning not later than 180 days after the date of enactment of
this Act, the Office of Personnel Management shall conduct an open
enrollment opportunity for purposes of chapter 87 of title 5, United
States Code, over a period of not less than 8 weeks. During this
period, an employee (as defined under section 8701(a) of such title)--
(1) may, if the employee previously declined or voluntarily
terminated any coverage under chapter 87 of such title, elect to
begin, resume, or increase group life insurance (and acquire
applicable accidental death and dismemberment insurance) under all
sections of such chapter without submitting evidence of
insurability; and
(2) may, if currently insured for optional life insurance on
family members, elect an amount above the minimum insurance on a
spouse.
SEC. 10. MERIT SYSTEM JUDICIAL REVIEW.
(a) In General.--Section 7703 of title 5, United States Code, is
amended--
(1) in subsection (b)(1) by striking ``within 30 days'' and
inserting ``within 60 days''; and
(2) in subsection (d) in the first sentence, by inserting after
``filing'' the following: ``, within 60 days after the date the
Director received notice of the final order or decision of the
Board,''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act, and apply to any suit,
action, or other administrative or judicial proceeding pending on such
date or commenced on or after such date.
SEC. 11. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act, the
amendments made by this Act shall take effect on the date of enactment
of this Act.
(b) Maximum Limitation on Employee Insurance.--Section 3 shall take
effect on the first day of the first applicable pay period beginning on
or after the date of enactment of this Act.
(c) Erroneous Coverage.--Section 5 shall be effective in any case
in which a finding of erroneous insurance coverage is made on or after
the date of enactment of this Act.
(d) Direct Payment of Insurance Contributions.--Section 6 shall
take effect on the first day of the first applicable pay period
beginning on or after the date of enactment of this Act.
(e) Additional Optional Life Insurance.--
(1) In general.--Section 7 shall take effect on the first day
of the first pay period that begins on or after the 180th day
following the date of enactment of this Act, or on any earlier date
that the Office of Personnel Management may prescribe that is at
least 60 days after the date of enactment of this Act.
(2) Regulations.--The Office shall prescribe regulations under
which an employee may elect to continue additional optional
insurance that remains in force on such effective date without
subsequent reduction and with the full cost withheld from annuity
or compensation on and after such effective date if that employee--
(A) separated from service before such effective date due
to retirement or entitlement to compensation under subchapter I
of chapter 81 of title 5, United States Code; and
(B) continued additional optional insurance pursuant to
section 8714b(c)(2) as in effect immediately before such
effective date.
(f) Improved Optional Life Insurance on Family Members.--The
amendments made by section 8 shall take effect on the first day of the
first pay period which begins on or after the 180th day following the
date of enactment of this Act or on any earlier date that the Office of
Personnel Management may prescribe.
(g) Open Season.--Any election made by an employee under section 9,
and applicable withholdings, shall be effective on the first day of the
first applicable pay period that--
(1) begins on or after the date occurring 365 days after the
first day of the election period authorized under section 9; and
(2) follows a pay period in which the employee was in a pay and
duty status.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Federal Employees Life Insurance Improvement Act - Directs the Office of Personnel Management to conduct a study on the following life insurance options for Federal employees: (1) group universal life insurance; (2) group variable universal life insurance; and (3) additional voluntary accidental death and dismemberment insurance.
(Sec. 3) Amends requirements relating to Federal employee life insurance to repeal the maximum limitation on: (1) group accidental death and dismemberment life insurance; and (2) additional optional life insurance.
(Sec. 4) Modifies the definition of "family member " to include a foster child.
(Sec. 5) Prohibits the invalidation of an employee's group life and accidental death and dismemberment insurance policy based on a finding that the employee erroneously became insured, or erroneously continued insurance upon retirement or entitlement to compensation for work injuries, if such finding occurs after the erroneous insurance and applicable withholdings have been in force for two years during the employee's lifetime.
(Sec. 6) Permits an employee who is subject to withholdings for group life and accidental death and dismemberment insurance, optional life insurance, additional life insurance, or optional life insurance on family members and whose pay, annuity, or compensation are insufficient to cover such withholdings to nevertheless continue such insurance if such employee arranges to pay currently into the Employees' Life Insurance Fund, through the agency or retirement system that administers pay, annuity, or compensation, an amount equal to the withholding that would otherwise be required.
(Sec. 7) Provides for the amount of additional optional life insurance of any employee who retires on an immediate annuity or who becomes entitled to receive compensation because of disease or injury to the employee, to be continued, with or without reduction, in accordance with the employee's written election at the time eligibility to continue insurance during retirement or receipt of compensation arises. Permits the employee, instead of the option under current law, to elect to have the full cost of such insurance continue to be withheld from such employee's annuity or compensation on and after the date such withholdings would otherwise cease pursuant to an election, in which case the amount of such insurance continued shall not be reduced. Allows an employee whose additional optional insurance would otherwise stop, and who is not eligible to continue insurance, to elect to continue such insurance at group rates, in lieu of conversion to an individual policy.
Requires an employee or former employee who elects to continue such insurance following separation from service or 12 months without pay to submit timely payment of its full cost, plus any amount the Office determines necessary to cover associated administrative expenses.
Disallows any election to continue such insurance from being made three years after an effective date. Terminates, on and after the date on which an election may no longer be made, all such insurance for former employees, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Requires the Office, not later than three years after the enactment of this Act, to report to the Congress on such insurance, including recommendations on whether continuation for such insurance should terminate as provided, be extended, or be made permanent.
(Sec. 8) Revises requirements relating to optional life insurance on family members.
(Sec. 9) Requires the Office to conduct an open enrollment opportunity for purposes of obtaining life insurance. Permits an employee during this period: (1) if the employee previously declined or voluntarily terminated any coverage, to elect to begin, resume, or increase group life insurance (and acquire applicable accidental death and dismemberment insurance) without submitting evidence of insurability; and (2) if currently insured for optional life insurance on family members, to elect an amount above the minimum insurance on a spouse.
(Sec. 10) Amends provisions relating to the judicial review of decisions of the Merit Systems Protection Board to: (1) revise the time period (from 30 to 60 days) any petition for judicial review of a final order or decision of the Board must be filed; and (2) permit the Director to obtain review of any final order or decision of the Board by filing within 60 days (currently, no limitation) after the date he or she received notice of the final order or decision of the Board. | Federal Employees Life Insurance Improvement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High Plains Aquifer Hydrogeologic
Characterization, Mapping, and Modeling Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Association.--The term ``Association'' means the
Association of American State Geologists.
(2) Council.--The term ``Council'' means the Western States
Water Council.
(3) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(4) High plains aquifer.--The term ``High Plains Aquifer''
is the groundwater reserve depicted as Figure 1 in the United
States Geological Survey Professional Paper 1400-B, titled
``Geohydrology of the High Plains Aquifer in Parts of Colorado,
Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas,
and Wyoming.''
(5) High plains aquifer states.--The term ``High Plains
Aquifer States'' means the States of Colorado, Kansas,
Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and
Wyoming.
(6) Review panel.--The term ``Review Panel'' means the
panel provided for by section 3(d).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. ESTABLISHMENT.
(a) Program.--The Secretary, through the United States Geological
Survey, and in cooperation with the High Plains Aquifer States, shall
establish and carry out the High Plains Aquifer Comprehensive
Hydrogeologic Program, to characterize, map, and model the High Plains
Aquifer. The Program shall undertake at the most detailed levels
determined to be appropriate on a state-by-state basis,
characterization, mapping and modeling of the hydrogeological
configuration of the High Plains Aquifer.
(b) Objectives.--The objectives of the Program are to:
(1) provide for the hydrogeologic characterization, mapping
and modeling of the High Plains Aquifer through a cooperative
partnership effort between the U.S. Geological Survey and the
High Plains Aquifer States;
(2) coordinate Federal, State, and local data, maps, and
models into an integrated physical characterization of the High
Plains Aquifer;
(3) support State and local activities with scientific and
technical specialists; and
(4) undertake activities and provide technical capabilities
not available at the State and local levels as may be requested
by a Governor of a High Plains Aquifer State within such state.
(c) Requests From Governors.--The Governor of a High Plains Aquifer
State may submit a proposal to the Secretary requesting the Secretary
to undertake activities and provide financial and technical
capabilities not available at the State and local levels to carry out
the purposes of the Program.
(d) Review Panel.--Not later than six months after the date of
enactment of this Act, the Secretary shall establish a Review Panel to:
(1) evaluate the proposals submitted for funding under subsection (f);
and (2) review and coordinate Program priorities. In performing its
functions, the Review Panel shall consult with the Association and the
Council.
(e) Composition and Support.--The Review Panel shall be comprised
of: (1) five representatives of the United States Geological Survey, at
least two of which shall be hydrologists or hydrogeologists; and (2)
one representative who is knowledgeable regarding hydrogeologic data
and information from each of the High Plains Aquifer States that elects
to participate in the Program. Each representative of a High Plains
Aquifer State shall be recommended by the Governor of such State. The
Secretary shall provide technical and administrative support to the
Review Panel. Expenses for the Review Panel shall be paid from Program
funds other than those referred to in subsection (f).
(f) Funding.--Fifty percent of the funds appropriated to carry out
this Program shall be allocated equally by the Secretary for the
participation of State and local agencies and institutions of higher
education within each of the High Plains Aquifer States that elects to
participate in the Program. Grants may be made by the Secretary from
the funds described in this subsection based on proposals that have
been recommended by the Governor and reviewed by the Review Panel.
Proposals for multistate activities must be recommended by the
Governors of all the affected States.
SEC. 4. REPORTS.
(a) Report on Program Implementation.--One year after the date of
enactment of this Act, and every 3 years thereafter through fiscal year
2011, the Secretary shall include a report on the Program in the annual
budget documents for the Department of the Interior. The initial report
submitted by the Secretary shall contain a Program plan developed with
the concurrence of the Review Panel.
(b) Report on High Plains Aquifer.--No later than four years after
the date of enactment of this Act and upon completion of the Program in
fiscal year 2011, the Secretary shall submit an interim and final
report, respectively, to the Governors of the High Plains Aquifer
States on the status of the High Plains Aquifer.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2003 through 2011 to carry out
this Act.
Passed the Senate April 7, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | (This measure has not been amended since it was reported to the Senate on March 19, 2003. The summary of that version is repeated here.)High Plains Aquifer Hydrogeologic Characterization, Mapping, and Modeling Act - (Sec. 3) Directs the Secretary of the Interior, through the United States Geological Survey and in cooperation with the High Plains Aquifer States (Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming), to establish and carry out the High Plains Aquifer Comprehensive Hydrogeologic Program to characterize, map, and model the High Plains Aquifer.Lists as Program objectives to: (1) provide for the hydrogeologic characterization, mapping, and modeling of the Aquifer through a cooperative partnership effort between the U.S. Geological Survey and the High Plains Aquifer States; (2) coordinate Federal, State, and local data, maps, and models into an integrated physical characterization of the Aquifer; (3) support State and local activities with scientific and technical specialists; and (4) undertake activities and provide technical capabilities not available at State and local levels, as may be requested by a participating State's Governor.Directs the Secretary to establish a Review Panel to: (1) evaluate the proposals submitted for funding under this Act; and (2) review and coordinate Program priorities. Requires the Panel to consult with the Association of American State Geologists and the Western States Water Council.Requires that 50 percent of the funds appropriated to carry out the Program be allocated equally by the Secretary for the participation of State and local agencies and institutions of higher education within each of the participating States. Authorizes the Secretary to make grants from such funds based on proposals that have been recommended by a Governor and reviewed by the Panel. Requires proposals for multistate activities to be recommended by the Governors of all the affected States.(Sec. 4) Requires the Secretary to: (1) include reports on the Program in the annual budget documents for the Interior Department (the initial report to contain a Program plan developed with the concurrence of the Review Panel); and (2) submit an interim and final status report to the Governors of the High Plains Aquifer States.(Sec. 5) Authorizes appropriations. | A bill to authorize the Secretary of the Interior to cooperate with the High Plains Aquifer States in conducting a Hydrogeologic Characterization, Mapping, and Modeling Program for the High Plains Aquifer, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disability Insurance Reform Act of
1994''.
SEC. 2. REFORM OF MONTHLY INSURANCE BENEFITS BASED ON DISABILITY
INVOLVING SUBSTANCE ABUSE.
(a) In General.--Section 225 of the Social Security Act (42 U.S.C.
425) is amended--
(1) by striking the heading and inserting the following:
``additional rules relating to benefits based on disability
``Suspension of Benefits'';
(2) by inserting before subsection (b) the following new
heading:
``Continued Payments During Rehabilitation Program''; and
(3) by adding at the end the following new subsection:
``Nonpayment of Benefits by Reason of Substance Abuse
``(c)(1)(A) Notwithstanding any other provision of this title, no
benefit based on disability under this title shall be paid to any
individual for any month during any period of consecutive months
beginning with a month in which such individual is medically determined
to be a drug addict or an alcoholic and ending with a month as of the
end of which--
``(i) the person, through an outpatient rehabilitation
program, has subsequently undergone treatment appropriate for
such condition for 3 months at an institution or facility
approved by the Secretary for purposes of this subsection, and
has complied with the terms, conditions, and requirements of
such treatment and with the requirements imposed under
paragraph (4); and
``(ii) the Secretary determines that--
``(I) the person has made progress towards
recovery, or has recovered; or
``(II) if the person has not made progress towards
recovery, the person meets such requirements
established in regulations as the Secretary deems
appropriate to effectuate the purposes of this title.
``(B) In any case in which an individual's disability is based in
whole or in part on a medical determination that the individual is a
drug addict or alcoholic, such individual's benefits based on
disability under this title which are otherwise payable for any month
preceding the month in which application for such benefits is made
(pursuant to section 202(j)(1) or the last sentence of section 223(b))
shall be payable only pursuant to a certification of such payment to a
representative payee of such individual pursuant to section 205(j).
``(2) If, after the 3-month treatment period referred to in
paragraph (1)(A), the Secretary determines that the person has not
recovered from the condition treated, then, as a condition of receiving
benefits based on disability under this title for any month after such
period, the person must continue to comply with the terms, conditions,
and requirements of such treatment and with the requirements imposed
under paragraph (4), until the month in which the Secretary determines
that the person has recovered from such condition.
``(3)(A) Notwithstanding any other provision of this title, in the
case of a person who fails to continue treatment as required by
paragraph (2), no benefit based on disability shall be paid under this
title for any month ending after such failure and before the person has
completed 2 weeks of such treatment.
``(B) In the case of a person to whom a benefit based on disability
under this title becomes payable for any month after a month for which
such benefit was not payable under subparagraph (A), and who thereafter
fails to continue treatment as required by paragraph (2), no benefit
based on disability shall be paid under this title for any month ending
after such failure and before the person has completed 2 months of such
treatment.
``(C) In the case of a person to whom a benefit based on disability
under this title becomes payable for any month after a month for which
such benefit was not payable under subparagraph (B), and who thereafter
fails to continue treatment as required by paragraph (2), no benefit
based on disability shall be paid under this title for any month ending
after such failure.
``(4) For purposes of this subsection, the term `benefit based on
disability' of an individual means a disability insurance benefit of
such individual under section 223 or a child's, widow's, or widower's
insurance benefit of such individual under section 202 based on the
disability of such individual.
``(5) Monthly insurance benefits under this title which would be
payable to any individual (other than the disabled individual to whom
benefits are not payable by reason of this subsection) on the basis of
the wages and self-employment income of such a disabled individual but
for the provisions of paragraph (1), shall be payable as though such
disabled individual were receiving such benefits which are not payable
under this subsection.
``(6) The Secretary shall provide for the monitoring and testing of
all individuals who are receiving benefits under this title and who as
a condition of such benefits are required to be undergoing treatment
and complying with the terms, conditions, and requirements thereof as
described in the preceding provisions of this subsection, in order to
assure such compliance and to determine the extent to which the
imposition of such requirements is contributing to the achievement of
the purposes of this title. The Secretary may retain jurisdiction in
the case of a hearing before the Secretary under this title to the
extent the Secretary determines necessary to carry out the preceding
sentence. The Secretary shall annually submit to the Congress a full
and complete report on the Secretary's activities under this paragraph.
``(7) The Secretary, in consultation with drug and alcohol
treatment professionals, shall develop standards for drug and alcohol
treatment programs, and in consultation with States, shall develop
guidelines to be used to review and evaluate the progress of
participants in such programs.''.
(b) Preservation of Medicare Benefits.--Section 226 of such title
(42 U.S.C. 426) is amended by adding at the end the following:
``(i) For purposes of this section, each person to whom a benefit
for any month is not payable by reason of section 225(c) shall be
treated as entitled to such benefit for such month if such person would
be entitled to such benefit for such month in the absence of such
section.''.
(c) Effective Date.--The amendments made by this section shall
apply to benefits payable for months beginning 90 or more days after
the date of the enactment of this Act.
SEC. 3. RESTRICTION OF FUTURE REPRESENTATIVE PAYEES TO GOVERNMENT
AGENCIES, STATE-LICENCED OR CERTIFIED FACILITIES, OR
STATE-BONDED OR LICENSED COMMUNITY-BASED NONPROFIT SOCIAL
SERVICE AGENCIES.
(a) Restriction to Qualified Organizations.--Section 205(j) of the
Social Security Act (42 U.S.C. 405(j)) is amended--
(1) in paragraph (1), by striking ``another individual, or
an organization,'' and inserting ``a qualified organization'';
(2) in paragraph (2)(A)(i), by striking ``the person'' and
inserting ``the qualified organization'', and by striking
``such person'' and inserting ``representatives of such
qualified organization'';
(3) in paragraph (2)(B)(i), by striking ``person'' each
place it appears in subclause (I) and inserting ``qualified
organization'', by striking ``person's social security account
number (or employer identification number)'' in subclause (II)
and inserting ``qualified organization's employer
identification number'', by striking ``such person'' in
subclause (III) and inserting ``such qualified organization'',
and by striking ``such person'' each place it appears in
subclause (IV) and inserting ``such qualified organization'';
and
(4) by striking paragraph (2)(B)(ii), by redesignating
paragraph (2)(B)(i) (as amended by paragraph (3)) as paragraph
(2)(B), and by redesignating subclauses (I), (II), (III), and
(IV) of paragraph (2)(B) (as redesignated) as clauses (i),
(ii), (iii), and (iv), respectively.
(b) Qualified Organization Defined.--
(1) In general.--Section 205(j)(2)(C)(i) of such Act (42
U.S.C. 405(j)(2)(C)(i)) is amended by striking ``Benefits of an
individual may not be certified for payment to any other person
pursuant to this subsection if--'' and inserting ``For purposes
of this subsection, the term `qualified organization' means an
agency or instrumentality of a State or a political subdivision
of a State, a nonprofit facility that is licensed or certified
as a care facility under the law of a State or a political
subdivision of a State, and, in connection with services
provided as a representative payee under this subsection in any
State, a community-based nonprofit social service agency which
is bonded or licensed in such State. Except as otherwise
provided in this subsection, such term does not include any
person if--''.
(2) Conforming amendments.--Section 205(j)(2)(C) of such
Act is further amended--
(A) by striking ``subparagraph (B)(i)(III)'' in
clause (i)(I) and inserting ``subparagraph (B)(iii)'',
and by striking ``subparagraph (B)(i)(IV)'' in clause
(i)(II) and inserting ``subparagraph (B)(iv)'';
(B) in clause (iii), by striking subclauses (I) and
(IV), by redesignating subclauses (II), (III), and (V)
as subclauses (I), (II), and (III), respectively, and
by striking ``an individual'' in subclause (III) (as
redesignated) and inserting ``a person''; and
(C) in clause (iv), by striking ``individual'' each
place it appears and inserting ``person''.
(c) Authorization for Fees.--Section 205(j)(4) of such Act (42
U.S.C. 405(j)(4)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(4)(A) A qualified organization may collect from an individual a
monthly fee for expenses (including overhead) incurred by such
organization in providing services performed as such individual's
representative payee pursuant to this subsection if such fee does not
exceed 10 percent of the monthly benefit involved. Any agreement
providing for a fee in excess of the amount permitted under this
subparagraph shall be void and shall be treated as misuse by such
organization of such individual's benefits.'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraph (C) as subparagraph (B)
and, in subparagraph (B) (as so redesignated), by striking
``qualified organization'' and inserting ``person''; and
(4) by striking subparagraph (D).
(d) Effective Date.--The amendments made by this section shall
apply with respect to certifications of payments to representative
payees made on or after the date of the enactment of this Act. Section
205(j) of the Social Security Act (42 U.S.C. 405(j)) as in effect
immediately before the date of the enactment of this Act shall continue
to apply, in the case of any person who is then a representative payee
under such section with respect to benefits for which certification of
payment to such person under such section is then in effect, until such
certification ceases to be effective under such section as then in
effect. | Disability Insurance Reform Act of 1994 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the payment of benefits based on disability to any individual who is a drug addict or alcoholic until such individual: (1) undergoes appropriate substance abuse treatment at an approved facility; (2) has complied with the terms of such treatment; and (3) either recovers or makes progress towards recovery, with benefits terminated if the individual fails to continue treatment.
Requires lump sum disability payments to be made only through a qualified governmental or nonprofit care facility or community-based social service agency representative payees. Makes other changes with regard to representative payees, including allowing them to collect monthly fees for expenses in providing service.
Requires the Secretary of Health and Human Services to provide for a monitoring and testing program to ensure individual compliance with treatment requirements. | Disability Insurance Reform Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Loan Revitalization
Act''.
SEC. 2. COMBINATION FINANCING.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended by adding at the end the following:
``(31) Combination financing.--
``(A) Definitions.--In this paragraph--
``(i) the term `combination financing'
means financing comprised of a loan guaranteed
under this subsection and a commercial loan;
and
``(ii) the term `commercial loan' means a
loan of which no portion is guaranteed by the
Federal government.
``(B) Application.--A loan guarantee under this
subsection on behalf of a small business concern, which
is approved within 120 days of the date on which a
commercial loan is obtained by the same small business
concern, shall be subject to the provisions of this
paragraph.
``(C) Commercial loan amount.--A small business
concern shall not be eligible to receive combination
financing under this paragraph unless the commercial
loan obtained by the small business concern does not
exceed $2,000,000.
``(D) Commercial loan provisions.--The commercial
loan obtained by the small business concern--
``(i) may be made by the participating
lender that is providing financing under this
subsection or by a different lender;
``(ii) may be secured by a senior lien; and
``(iii) may be made by a lender in the
Preferred Lenders Program, if applicable.
``(E) Commercial loan fee.--A one-time fee in an
amount equal to 0.5 percent of the amount of the
commercial loan shall be paid by the lender to the
Administration if the commercial loan has a senior
credit position to that of the loan guaranteed under
this subsection. All proceeds from the loan guaranteed
under this subsection shall be used to offset the cost
(as defined in section 502 of the Credit Reform Act of
1990) to the Administration of guaranteeing loans under
this subsection.
``(F) Deferred participation loan eligibility.--
``(i) Maximum amount.--A small business
concern may not receive combination financing
under this paragraph in an amount greater than
$4,000,000.
``(ii) Net amount.--The net amount of the
deferred participation share shall not exceed
the maximum amount of a net guarantee provided
under paragraph (3)(A).
``(G) Deferred participation loan security.--A loan
guaranteed under this subsection may be secured by a
subordinated lien.
``(H) Availability.--Combination financing shall be
available under this paragraph notwithstanding any
maximum limitation on loans imposed by the
Administration.''.
(b) Sunset Date.--The amendment made by subsection (a) shall take
effect on the first day after the date of enactment of this Act and is
repealed on October 1, 2004.
SEC. 3. LOAN GUARANTEE FEES.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended--
(1) in paragraph (18)(B), by adding at the end the
following: ``This subparagraph shall not apply to any loan
approved during the period beginning on the first day after the
date of enactment of paragraph (23)(A)(iii) and ending on
September 30, 2004.''; and
(2) in paragraph (23), by amending subparagraph (A) to read
as follows:
``(A) Percentage.--
``(i) In general.--With respect to each
loan guaranteed under this subsection, the
Administrator shall, in accordance with such
terms and procedures as the Administrator shall
establish by regulation, assess and collect an
annual fee in an amount equal to 0.5 percent of
the outstanding balance of the deferred
participation share of the loan.
``(ii) First temporary percentage.--With
respect to loans approved during the period
beginning on October 1, 2002 and ending on the
date of enactment of this clause, the annual
fee assessed and collected under clause (i)
shall be equal to 0.25 percent of the
outstanding balance of the deferred
participation share of the loan.
``(iii) Second temporary percentage.--
During the period beginning on the first day
after the date of enactment of this clause and
ending on September 30, 2004, the annual fee
assessed and collected under clause (i) shall
be equal to 0.35 percent of the outstanding
balance of the deferred participation share of
the loan.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day after the date of enactment of this Act
and are repealed on October 1, 2004.
SEC. 4. RECONSIDERATION OF LOAN APPLICATIONS REJECTED BASED ON LOAN
AMOUNT.
(a) Consideration of Loan Application Submitted Before January 8,
2004.--Beginning on the first day after the date of enactment of this
Act, the Small Business Administration shall reconsider any application
submitted on or after December 23, 2003 and before January 8, 2004,
under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) that
was rejected based on the loan amount requested before considering any
other application if the applicant is otherwise eligible for financial
assistance under that section.
(b) Export Working Capital.--Any small business that received
financing under section 7(a)(14) of the Small Business Act (15 U.S.C.
636(a)(14)) before January 1, 2004, and requests a renewal of such
financing, shall have their request approved regardless of the size of
such financing (subject to the limitations in section 7(a)(3) of such
Act) if the small business is otherwise eligible for such financing
under that section.
(c) Maximum Loan Amount.--Ten days after the date of enactment of
this Act, the Small Business Administration shall allow loans under
section 7 of the Small Business Act (15 U.S.C. 636) up to the maximum
amount permitted under the Small Business Act. | Small Business Loan Revitalization Act - Amends the Small Business Act (the Act) to provide requirements for the making of a Small Business Administration (SBA) guaranteed loan to a small business within 120 days after a commercial loan is obtained by that small business. Makes such small business ineligible for the SBA loan unless the commercial loan does not exceed $2 million.
Allows the commercial loan to be: (1) made by the lender providing the guaranteed financing or by a different lender; (2) secured by a senior lien; and (3) made by a lender in the Preferred Lenders Program. Requires a fee to be paid by the lender to the SBA if the commercial loan has a senior credit position to that of the guaranteed loan.
Prohibits a small business from receiving combination financing (an SBA-guaranteed loan and a commercial loan) in an amount greater than $4 million.
Makes current SBA-guaranteed loan fees inapplicable to loans approved from the day after enactment of this Act until September 30, 2004. Applies a loan fee with respect to loans approved during the period beginning on: (1) October 1, 2002, and ending on the date of enactment of this Act of 0.25 percent of the outstanding balance of the deferred participation share of the loan; and (2) the first day after the enactment of this Act and ending on September 30, 2004, of 0.35 percent of such outstanding balance.
Directs the SBA to reconsider, before considering any other application, any application submitted on or after December 23, 2003, and before January 8, 2004, for an SBA loan guarantee that was rejected based on the loan amount requested if the applicant is otherwise eligible for financial assistance under the Act. Requires any small business that received SBA export working capital financing before January 1, 2004, and requests a financing renewal to have their request approved regardless of the size of such financing, if the small business is otherwise eligible for such financing.
Directs the SBA, ten days after the enactment of this Act, to allow general small business start-up loans up to the maximum amount permitted under the Act. | A bill to improve small business loan programs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Allergen Labeling and Consumer
Protection Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is estimated that--
(A) approximately 2 percent of adults and about 5
percent of infants and young children in the United
States suffer from food allergies; and
(B) each year, roughly 30,000 individuals require
emergency room treatment and 150 individuals die
because of allergic reactions to food;
(2)(A) eight major foods or food groups--milk, eggs, fish,
Crustacean shellfish, tree nuts, peanuts, wheat, and soybeans--
account for 90 percent of food allergies;
(B) at present, there is no cure for food allergies; and
(C) a food allergic consumer must avoid the food to which
the consumer is allergic;
(3)(A) in a review of the foods of randomly selected
manufacturers of baked goods, ice cream, and candy in Minnesota
and Wisconsin in 1999, the Food and Drug Administration found
that 25 percent of sampled foods failed to list peanuts or eggs
as ingredients on the food labels; and
(B) nationally, the number of recalls because of unlabeled
allergens rose to 121 in 2000 from about 35 a decade earlier;
(4) a recent study shows that many parents of children with
a food allergy were unable to correctly identify in each of
several food labels the ingredients derived from major food
allergens;
(5)(A) ingredients in foods must be listed by their
``common or usual name'';
(B) in some cases, the common or usual name of an
ingredient may be unfamiliar to consumers, and many consumers
may not realize the ingredient is derived from, or contains, a
major food allergen; and
(C) in other cases, the ingredients may be declared as a
class, including spices, flavorings, and certain colorings, or
are exempt from the ingredient labeling requirements, such as
incidental additives; and
(6)(A) celiac disease is an immune-mediated disease that
causes damage to the gastrointestinal tract, central nervous
system, and other organs;
(B) the current recommended treatment is avoidance of
glutens in foods that are associated with celiac disease; and
(C) a multicenter, multiyear study estimated that the
prevalence of celiac disease in the United States is 0.5 to 1
percent of the general population.
SEC. 3. FOOD LABELING; REQUIREMENT OF INFORMATION REGARDING ALLERGENIC
SUBSTANCES.
(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following:
``(w)(1) If it is not a raw agricultural commodity and it is, or it
contains an ingredient that bears or contains, a major food allergen,
unless either--
``(A) the word `Contains', followed by the name of the food
source from which the major food allergen is derived, is
printed immediately after or is adjacent to the list of
ingredients (in a type size no smaller than the type size used
in the list of ingredients) required under subsections (g) and
(i); or
``(B) the common or usual name of the major food allergen
in the list of ingredients required under subsections (g) and
(i) is followed in parentheses by the name of the food source
from which the major food allergen is derived, except that the
name of the food source is not required when--
``(i) the common or usual name of the ingredient
uses the name of the food source from which the major
food allergen is derived; or
``(ii) the name of the food source from which the
major food allergen is derived appears elsewhere in the
ingredient list, unless the name of the food source
appears elsewhere in the ingredient list only in the
common or usual name of foods that are food ingredients
that are not major food allergens under section
201(qq)(2)(A) or (B).
``(2) As used in this subsection, the term `name of the food source
from which the major food allergen is derived' means the name described
in section 201(qq)(1); provided that in the case of a tree nut, fish,
or Crustacean shellfish, the term `name of the food source from which
the major food allergen is derived' means the name of the specific type
of nut or species of fish or Crustacean shellfish.
``(3) The information required under this subsection may appear in
labeling in lieu of appearing on the label only if the Secretary finds
that such other labeling is sufficient to protect the public health. A
finding by the Secretary under this paragraph (including any change in
an earlier finding under this paragraph) is effective upon publication
in the Federal Register as a notice.
``(4) Notwithstanding subsection (g), (i), or (k), or any other
law, a flavoring, coloring, or incidental additive that is, or that
bears or contains, a major food allergen shall be subject to the
labeling requirements of this subsection.
``(5) The Secretary may by regulation modify the requirements of
subparagraph (A) or (B) of paragraph (1), or eliminate either the
requirement of subparagraph (A) or the requirements of subparagraph (B)
of paragraph (1), if the Secretary determines that the modification or
elimination of the requirement of subparagraph (A) or the requirements
of subparagraph (B) is necessary to protect the public health.
``(6)(A) Any person may petition the Secretary to exempt a food
ingredient described in section 201(qq)(2) from the allergen labeling
requirements of this subsection.
``(B) The Secretary shall approve or deny such petition within 180
days of receipt of the petition or the petition shall be deemed denied,
unless an extension of time is mutually agreed upon by the Secretary
and the petitioner.
``(C) The burden shall be on the petitioner to provide scientific
evidence (including the analytical method used to produce the evidence)
that demonstrates that such food ingredient, as derived by the method
specified in the petition, does not cause an allergic response that
poses a risk to human health.
``(D) A determination regarding a petition under this paragraph
shall constitute final agency action.
``(E) The Secretary shall promptly post to a public site all
petitions received under this paragraph within 14 days of receipt and
the Secretary shall promptly post the Secretary's response to each.
``(7)(A) A person need not file a petition under paragraph (6) to
exempt a food ingredient described in section 201(qq)(2) from the
allergen labeling requirements of this subsection, if the person files
with the Secretary a notification containing--
``(i) scientific evidence (including the analytical method
used) that demonstrates that the food ingredient (as derived by
the method specified in the notification, where applicable)
does not contain allergenic protein; or
``(ii) a determination by the Secretary that the ingredient
does not cause an allergic response that poses a risk to human
health under a premarket approval or notification program under
section 409.
``(B) The food ingredient may be introduced or delivered for
introduction into interstate commerce as a food ingredient that is not
a major food allergen 90 days after the date of receipt of the
notification by the Secretary, unless the Secretary determines within
the 90-day period that the notification does not meet the requirements
of this paragraph, or there is insufficient scientific evidence to
determine that the food ingredient does not contain allergenic protein
or does not cause an allergenic response that poses a risk to human
health.
``(C) The Secretary shall promptly post to a public site a list of
all notifications received under this subparagraph within 14 days of
receipt and promptly post any objections thereto by the Secretary.
``(x) Notwithstanding subsection (g), (i), or (k), or any other
law, a spice, flavoring, coloring, or incidental additive that is, or
that bears or contains, a food allergen (other than a major food
allergen), as determined by the Secretary by regulation, shall be
disclosed in a manner specified by the Secretary by regulation.''.
(b) Effect on Other Authority.--The amendments made by this section
that require a label or labeling for major food allergens do not alter
the authority of the Secretary of Health and Human Services under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) to require
a label or labeling for other food allergens.
(c) Conforming Amendments.--
(1) Section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321) (as amended by section 2(b)) is amended by
adding at the end the following:
``(qq) The term `major food allergen' means any of the following:
``(1) Milk, egg, fish (e.g., bass, flounder, or cod),
Crustacean shellfish (e.g., crab, lobster, or shrimp), tree
nuts (e.g., almonds, pecans, or walnuts), wheat, peanuts, and
soybeans.
``(2) A food ingredient that contains protein derived from
a food specified in paragraph (1), except the following:
``(A) Any highly refined oil derived from a food
specified in paragraph (1) and any ingredient derived
from such highly refined oil.
``(B) A food ingredient that is exempt under
paragraph (6) or (7) of section 403(w).''.
(2) Section 403A(a)(2) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343-1(a)(2)) is amended by striking
``or 403(i)(2)'' and inserting ``403(i)(2), 403(w), or 403(x)''.
(d) Effective Date.--The amendments made by this section shall
apply to any food that is labeled on or after January 1, 2006.
SEC. 4. REPORT ON FOOD ALLERGENS.
Not later than 18 months after the date of enactment of this Act,
the Secretary of Health and Human Services (in this section referred to
as the ``Secretary'') shall 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 that--
(1)(A) analyzes--
(i) the ways in which foods, during manufacturing
and processing, are unintentionally contaminated with
major food allergens, including contamination caused by
the use by manufacturers of the same production line to
produce both products for which major food allergens
are intentional ingredients and products for which
major food allergens are not intentional ingredients;
and
(ii) the ways in which foods produced on dedicated
production lines are unintentionally contaminated with
major food allergens; and
(B) estimates how common the practices described in
subparagraph (A) are in the food industry, with breakdowns by
food type as appropriate;
(2) advises whether good manufacturing practices or other
methods can be used to reduce or eliminate cross-contact of
foods with the major food allergens;
(3) describes--
(A) the various types of advisory labeling (such as
labeling that uses the words ``may contain'') used by
food producers;
(B) the conditions of manufacture of food that are
associated with the various types of advisory labeling;
and
(C) the extent to which advisory labels are being
used on food products;
(4) describes how consumers with food allergies or the
caretakers of consumers would prefer that information about the
risk of cross-contact be communicated on food labels as
determined by using appropriate survey mechanisms;
(5) states the number of inspections of food manufacturing
and processing facilities conducted in the previous 2 years and
describes--
(A) the number of facilities and food labels that
were found to be in compliance or out of compliance
with respect to cross-contact of foods with residues of
major food allergens and the proper labeling of major
food allergens;
(B) the nature of the violations found; and
(C) the number of voluntary recalls, and their
classifications, of foods containing undeclared major
food allergens; and
(6) assesses the extent to which the Secretary and the food
industry have effectively addressed cross-contact issues.
SEC. 5. INSPECTIONS RELATING TO FOOD ALLERGENS.
The Secretary of Health and Human Services shall conduct
inspections consistent with the authority under section 704 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374) of facilities in
which foods are manufactured, processed, packed, or held--
(1) to ensure that the entities operating the facilities
comply with practices to reduce or eliminate cross-contact of a
food with residues of major food allergens that are not
intentional ingredients of the food; and
(2) to ensure that major food allergens are properly
labeled on foods.
SEC. 6. GLUTEN LABELING.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Health and Human Services, in consultation with
appropriate experts and stakeholders, shall issue a proposed rule to
define, and permit use of, the term ``gluten-free'' on the labeling of
foods. Not later than 4 years after the date of enactment of this Act,
the Secretary shall issue a final rule to define, and permit use of,
the term ``gluten-free'' on the labeling of foods.
SEC. 7. IMPROVEMENT AND PUBLICATION OF DATA ON FOOD-RELATED ALLERGIC
RESPONSES.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention
and in consultation with the Commissioner of Food and Drugs, shall
improve (including by educating physicians and other health care
providers) the collection of, and publish as it becomes available,
national data on--
(1) the prevalence of food allergies;
(2) the incidence of clinically significant or serious
adverse events related to food allergies; and
(3) the use of different modes of treatment for and
prevention of allergic responses to foods.
(b) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary.
SEC. 8. FOOD ALLERGIES RESEARCH.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the National Institutes of Health, shall
convene an ad hoc panel of nationally recognized experts in allergy and
immunology to review current basic and clinical research efforts
related to food allergies.
(b) Recommendations.--Not later than 1 year after the date of
enactment of this Act, the panel shall make recommendations to the
Secretary for enhancing and coordinating research activities concerning
food allergies, which the Secretary shall make public.
SEC. 9. FOOD ALLERGENS IN THE FOOD CODE.
The Secretary of Health and Human Services shall, in the Conference
for Food Protection, as part of its efforts to encourage cooperative
activities between the States under section 311 of the Public Health
Service Act (42 U.S.C. 243), pursue revision of the Food Code to
provide guidelines for preparing allergen-free foods in food
establishments, including in restaurants, grocery store delicatessens
and bakeries, and elementary and secondary school cafeterias. The
Secretary shall consider guidelines and recommendations developed by
public and private entities for public and private food establishments
for preparing allergen-free foods in pursuing this revision.
SEC. 10. RECOMMENDATIONS REGARDING RESPONDING TO FOOD-RELATED ALLERGIC
RESPONSES
The Secretary of Health and Human Services shall, in providing
technical assistance relating to trauma care and emergency medical
services to State and local agencies under section 1202(b)(3) of the
Public Health Service Act (42 U.S.C. 300d-2(b)(3)), include technical
assistance relating to the use of different modes of treatment for and
prevention of allergic responses to foods. | Food Allergen Labeling and Consumer Protection Act of 2003 - Amends the Federal Food, Drug, and Cosmetic Act to set forth food labeling requirements for a food that is not a raw agricultural commodity and that is, or contains, a major food allergen (as defined by this Act).
States that: (1) any person may petition the Secretary of Health and Human Services to exempt a food ingredient from such requirements; and (2) the Secretary's determination of such a petition shall constitute final agency action.
Directs the Secretary to: (1) conduct inspections to ensure compliance with practices to reduce or eliminate cross-contact with major food allergen residues, and ensure that major food allergens are properly labeled on foods; (2) issue a final rule to define, and permit use of, the term "gluten-free" on the labeling of foods; (3) improve food allergen data collection, including physician and health care provider education; (4) convene a panel of allergy and immunology experts to review food allergy research efforts; (5) pursue Food Code revisions in order to provide allergen-free food preparation guidelines for food establishments; and (6) include food allergy treatment in trauma and emergency care technical assistance. | To amend the Federal Food, Drug, and Cosmetic Act to establish labeling requirements with respect to allergenic substances in foods, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Infant Mortality Amendments
of 1993''.
SEC. 2. PHASED-IN COVERAGE OF PREGNANT WOMEN AND INFANTS UP TO 185
PERCENT OF POVERTY LEVEL.
(a) In General.--Section 1902(l)(2)(A) of the Social Security Act
(42 U.S.C. 1396a(l)(2)(A)) is amended--
(1) in clause (ii)--
(A) in subclause (I), by striking ``and'' at the
end,
(B) by striking the period at the end of subclause
(II) and inserting a comma, and
(C) by adding at the end the following new
subclauses:
``(III) July 1, 1994, 150 percent, or, if greater, the
percentage provided under clause (v), and
``(IV) July 1, 1995, 185 percent.''; and
(2) by adding at the end the following new clause:
``(v) In the case of a State which, as of the date of the enactment
of this clause, has established under clause (i), or has enacted
legislation authorizing, or appropriating funds, to provide for, a
percentage (of the income official poverty line) that is greater than
150 percent, the percentage provided under clause (ii) for medical
assistance on or after July 1, 1994, shall not be less than--
``(I) the percentage specified by the State in an amendment
to its State plan (whether approved or not) as of the date of
the enactment of this clause, or
``(II) if no such percentage is specified as of the date of
the enactment of this clause, the percentage established under
the State's authorizing legislation or provided for under the
State's appropriations.''.
(b) Flexibility in Income Methodology and Deduction of Child Care
in Computation of Income.--Section 1902(l)(3)(E) of such Act (42 U.S.C.
1396a(l)(3)(E)) is amended by striking ``(E)'' and inserting the
following:
``(E)(i) with respect to an individual described in
subparagraph (A) or (B) of paragraph (1), family income shall
be determined in accordance with a methodology which is no more
restrictive than the methodology employed under the State plan
under part A or E of title IV (except to the extent such
methodology is inconsistent with clause (D) of subsection
(a)(17) and except that there shall be disregarded costs for
such child care as is necessary for the employment of the
pregnant woman or the caretaker of the infant), and costs
incurred for medical care or for any other type of remedial
care shall not be taken into account, and
``(ii) with respect to an individual described in paragraph
(1)(C) or (1)(D),''.
(c) Prohibiting Application of Resource Test.--Section 1902(l)(3)
of such Act (42 U.S.C. 1396a(l)(3)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A)(i) no resource standard or methodology shall be
applied to individuals who are eligible for medical assistance
because of subsection (a)(10)(A)(i)(IV), and (ii) application
of a resource standard or methodology for individuals who are
eligible for medical assistance because of subsection
(a)(10)(A)(i)(VI) or (a)(10)(A)(ii)(IX) shall be at the option
of the State, but any such resource standard or methodology may
not be more restrictive than the corresponding standard or
methodology that is applied under the State plan under part A
of title IV;'',
(2) by striking subparagraphs (B) and (C), and
(3) by redesignating subparagraphs (D) and (E) as
subparagraphs (B) and (C), respectively.
(d) Effective Dates.--
(1) Higher income standards.--Except as provided in
paragraph (3), the amendments made by subsection (a) shall
apply to payments under title XIX of the Social Security Act
for calendar quarters beginning on or after July 1, 1994, with
respect to eligibility for medical assistance on or after such
date, without regard to whether or not final regulations to
carry out such amendments have been promulgated by such date.
(2) Income methodology and resource standard.--Except as
provided in paragraph (3), the amendments made by subsections
(b) and (c) shall apply to payments under title XIX of the
Social Security Act for calendar quarters beginning on or after
July 1, 1994, with respect to eligibility for medical
assistance on or after such date, without regard to whether or
not final regulations to carry out such amendments have been
promulgated by such date.
(3) Exception for certain states.--In the case of a State
plan for medical assistance under title XIX of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation (other than legislation
authorizing or appropriating funds) in order for the plan to
meet the additional requirements imposed by the amendments made
by this section, the State plan shall not be regarded as
failing to comply with the requirements of such title solely on
the basis of its failure to meet these additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature.
SEC. 3. OPTIONAL COVERAGE OF PRENATAL AND POST PARTUM HOME VISITATION
SERVICES.
(a) In General.--Section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)) is amended--
(1) by striking ``and'' at the end of paragraph (21),
(2) by redesignating paragraph (22) as paragraph (25),
(3) by redesignating paragraphs (23) and (24) as paragraphs
(22) and (23), respectively,
(4) by inserting after paragraph (23) the following new
paragraph:
``(24) prenatal home visitation services for high-risk
pregnant women, post partum home visitation services with
respect to high-risk infants under 1 year of age, or both (as
specified by the State), as prescribed by a physician; and''.
(b) Conforming Amendments.--Section 1902 of such Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)(10)(C)(iv), by striking ``(21)'' and
inserting ``(24)'', and
(2) in subsection (j), by striking ``(22)'' and inserting
``(25)''.
(c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after July 1, 1994, without regard to
whether or not final regulations to carry out such amendments have been
promulgated by such date. | Medicaid Infant Mortality Amendments of 1993 - Amends title XIX (Medicaid) of the Social Security Act to phase-in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Deducts child and medical care costs from the income eligibility test.
Authorizes States to provide Medicaid coverage of prenatal home visitation services for high-risk pregnant women and/or postpartum home visitation services for high-risk infants. | Medicaid Infant Mortality Amendments of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Financial Security Act of
1996''.
SEC. 2. FEDERAL CONTRIBUTIONS TO CHILD RETIREMENT ACCOUNTS.
(a) In General.--As soon as practicable after the close of each
calendar year, the Secretary of the Treasury or his delegate shall
transfer for such calendar year, from amounts in the general fund of
the Treasury not otherwise appropriated, $1,000 to the Child Retirement
Account of each individual who is an eligible child for such calendar
year.
(b) Eligible Child.--For purposes of this section, the term
``eligible child'' means, with respect to any calendar year, any
individual who, as of the close of such calendar year--
(1) is a citizen or resident alien of the United States,
and
(2) has not attained age 6.
(c) Reduction in Contribution for Children of High Income
Parents.--
(1) In general.--If, with respect to an eligible child, the
adjusted gross income of the applicable taxpayer for the
taxable year ending with or within a calendar year exceeds the
threshold amount, the $1,000 amount in subsection (a) with
respect to such child for such calendar year shall be reduced
(but not below zero) by the amount which bears the same ratio
to $1,000 as such excess bears to the phaseout range.
(2) Applicable taxpayer may make-up reduced contribution.--
If there is a reduction under this subsection in the amount
transferred under subsection (a) to the Child Retirement
Account of an eligible child for any calendar year, the
applicable taxpayer with respect to such child may (at such
time and in such manner as the Secretary may prescribe)
transfer an amount equal to the amount of such reduction to the
Child Retirement Account of such child.
(d) Children Below Age 19 as of Enactment.--
(1) In general.--In the case of an individual who, as of
the close of 1996--
(A) is a citizen or resident alien of the United
States, and
(B) has not attained age 19,
the applicable taxpayer with respect to such individual may (at
such time and in such manner as the Secretary may prescribe)
contribute to the Child Retirement Account of such child an
amount equal to the lesser of $6,000 or the product of $1,000
and the age of such child as of the close of 1996. Any
contribution under the preceding sentence may be made only
during 1997 and 1998.
(2) Reduction of contribution for children of high income
parents.--If, with respect to an individual described in
paragraph (1), the adjusted gross income of the applicable
taxpayer for the taxable year ending with or within 1997
exceeds the threshold amount, the amount otherwise determined
under paragraph (1) with respect to such individual shall be
reduced (but not below zero) by the amount which bears the same
ratio to the amount so otherwise determined as such excess
bears to the phaseout range.
(e) Definitions.--For purposes of subsections (c) and (d)--
(1) Phaseout range.--The term ``phaseout range'' means--
(A) $50,000 in the case of a joint return,
(B) $33,000 in the case of an individual who is not
married, and
(C) $25,000 in the case of a married individual
filing a separate return.
(2) Threshold amount.--The term ``threshold amount''
means--
(A) $100,000 in the case of a joint return for such
taxable year,
(B) $67,000 in the case of an individual who is not
married, and
(C) $50,000 in the case of a married individual
filing a separate return.
(3) Applicable taxpayer.--The term ``applicable taxpayer''
means, with respect to an eligible child--
(A) the taxpayer to whom a deduction is allowable
under section 151(c) of the Internal Revenue Code of
1986 for such child, or
(B) if no taxpayer is described in subparagraph
(A), such child.
SEC. 3. CHILD RETIREMENT ACCOUNTS.
(a) In General.--Subchapter F of chapter 1 of the Internal Revenue
Code of 1986 (relating to exempt organizations) is amended by adding at
the end the following new part:
``PART VIII--CHILD RETIREMENT ACCOUNTS
``Sec. 529. Child Retirement Accounts.
``SEC. 529. CHILD RETIREMENT ACCOUNTS.
``(a) Child Retirement Account.--For purposes of this part, the
term `Child Retirement Account' means any trust created or organized in
the United States for the exclusive benefit of the account beneficiary
but only if the written governing instrument creating the trust meets
the following requirements:
``(1) No contribution will be accepted unless it is in
cash.
``(2) The only contributions which will be accepted are--
``(A) contributions under section 2 of the
Children's Financial Security Act of 1996,
``(B) contributions of not more than $100 for each
calendar year after the calendar year in which the
account beneficiary attains age 5 and before the
calendar year in which such beneficiary attains age 19,
and
``(C) trustee-to-trustee transfers to such trust
from another Child Retirement Account of the account
beneficiary.
``(3) The assets of the trust are invested only in an
approved mutual fund.
``(4) The requirements of paragraphs (2) through (6) of
section 408(a) are met.
``(b) Tax Treatment of Accounts.--
``(1) In general.--A Child Retirement Account is exempt
from taxation under this subtitle unless such account has
ceased to be a Child Retirement Account. Notwithstanding the
preceding sentence, any such Account is subject to the taxes
imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable, etc., organizations).
``(2) Account terminations.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to Child
Retirement Accounts; except that such paragraph (4) shall not
apply to loans which are qualified special purpose
distributions.
``(c) Tax Treatment of Distributions.--
``(1) In general.--
``(A) Withholding.--The trustee of a Child
Retirement Account shall deduct and withhold from any
distribution from such Account a tax equal to 20
percent of such distribution.
``(B) No other tax.--Distributions from a Child
Retirement Account shall not be includible in gross
income.
``(C) Credit for amounts withheld only on qualified
special purpose loan distributions which are repaid.--
In the case of an amount withheld under subparagraph
(A) on a qualified special purpose distribution from a
Child Retirement Account in the form of a loan, there
shall be allowed as a credit against the tax imposed by
this subtitle for any taxable year an amount which
bears the same ratio to the amount withheld as the
principal amount of such loan which is repaid during
such taxable year bears to the total principal amount
of the loan. The credit allowed under the preceding
sentence shall be treated as a credit allowed under
subpart C of part IV of subchapter A of this chapter
and shall be allowed to the account beneficiary.
``(2) Penalty on distributions not used for qualified
purposes.--If any distribution is made from a Child Retirement
Account which is not a qualified distribution, the account
beneficiary's tax imposed by this chapter for the taxable year
in which such distribution is made shall be increased by an
amount equal to 50 percent of such distribution.
``(3) Qualified distribution.--For purposes of paragraph
(2), the term `qualified distribution' means any distribution--
``(A) made on or after the date on which the
account beneficiary attains age 59\1/2\,
``(B) made to a beneficiary (or to the estate of
the individual) on or after the death of the account
beneficiary,
``(C) attributable to the account beneficiary being
disabled (within the meaning of section 72(m)(7)), or
``(D) which is a qualified special purpose
distribution.
``(4) Qualified special purpose distribution.--For purposes
of paragraph (3), the term `qualified special purpose
distribution' means any distribution (including in the form of
a loan) from a Child Retirement Account to the account
beneficiary--
``(A) if such distribution is a qualified first-
time homebuyer distribution, or
``(B) to the extent the aggregate distributions
from the Account does not exceed the qualified higher
education expenses of the account beneficiary for the
taxable year in which received.
Such term shall not include any distribution from such an
Account during a calendar year to the extent such distribution,
when added to the amount of all prior distributions from such
Account during the calendar year and all prior calendar years,
exceeds an amount equal to 50 percent of the balance in such
Account as of the close of the prior calendar year.
``(5) Qualified first-time homebuyer distributions.--
``(A) In general.--For purposes of this subsection,
the term `qualified first-time homebuyer distribution'
means any payment or distribution received by the
account beneficiary to the extent such payment or
distribution is used by such beneficiary within a
reasonable period to pay qualified acquisition costs
with respect to a principal residence for such
beneficiary as a first-time homebuyer.
``(B) Qualified acquisition costs.--For purposes of
this paragraph, the term `qualified acquisition costs'
means the costs of acquiring, constructing, or
reconstructing a residence. Such term includes any
usual or reasonable settlement, financing, or other
closing costs.
``(C) First-time homebuyer; other definitions.--For
purposes of this paragraph--
``(i) First-time homebuyer.--The term
`first-time homebuyer' means any individual if
such individual (and, if married, such
individual's spouse) had no present ownership
interest in a principal residence during the 3-
year period ending on the date of acquisition
of the principal residence to which this
paragraph applies.
``(ii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 1034.
``(iii) Date of acquisition.--The term
`date of acquisition' means the date--
``(I) on which a binding contract
to acquire the principal residence to
which subparagraph (A) applies is
entered into, or
``(II) on which a binding contract
to construct or reconstruct such a
principal residence is entered into.
``(6) Qualified higher education expenses.--For purposes of
this subsection--
``(A) In general.--The term `qualified higher
education expenses' means--
``(i) expenses for tuition, fees, books,
supplies, and equipment required for the
enrollment or attendance of the account
beneficiary at an eligible educational
institution (as defined in section 135(c)(3)),
and
``(ii) reasonable living expenses while
away from home while attending such
institution.
``(B) Coordination with savings bond provisions.--
The amount of qualified higher education expenses for
any taxable year shall be reduced by any amount
excludable from gross income under section 135.
``(7) Exceptions from withholding tax and penalty for
trustee-to-trustee transfers.--Paragraphs (1)(A) and (2) shall
not apply to any trustee-to-trustee transfers from a Child
Retirement Account to another Child Retirement Account of the
same account beneficiary.
``(d) Approved Mutual Fund.--For purposes of this section--
``(1) In general.--The term `approved mutual fund' means
any fund of any regulated investment company (as defined in
section 851(a)) if--
``(A) an election under section 851(b)(1) is in
effect with respect to such company, and
``(B) such fund is designated by the Federal
Retirement Thrift Investment Board for purposes of this
section.
``(2) Standards for designation.--A fund may be designated
under paragraph (1) only if the Federal Retirement Thrift
Investment Board determines that it is reasonable to expect
that not less than 75 percent of the total value of the assets
of such fund are represented by equity securities.
``(e) Certain Rules To Apply.--Rules similar to the following rules
shall apply for purposes of this section:
``(1) Section 219(f)(3) (relating to time when
contributions deemed made).
``(2) Section 408(g) (relating to community property laws).
``(3) Section 408(h) (relating to custodial accounts).
``(f) Reports.--The Secretary may require the trustee of a Child
Retirement Account to make such reports regarding such Account to the
Secretary and to the account beneficiary with respect to contributions,
distributions, and such other matters as the Secretary determines
appropriate. The reports required by this subsection shall be filed at
such time and in such manner and furnished to such individuals at such
time and in such manner as may be required by the Secretary.''
(b) Conforming Amendments.--
(1) Tax on prohibited transactions.--
(A) Section 4975 of such Code (relating to tax on
prohibited transactions) is amended by adding at the
end of subsection (c) the following new paragraph:
``(5) Special rule for child retirement accounts.--An
individual for whose benefit a Child Retirement Account (within
the meaning of section 529(a)) is established shall be exempt
from the tax imposed by this section with respect to any
transaction concerning such account (which would otherwise be
taxable under this section) if, with respect to such
transaction, the account ceases to be a Child Retirement
Account by reason of the application of section 529(b)(2) to
such Account.''
(B) Paragraph (1) of section 4975(e) of such Code
is amended by striking ``or'' at the end of
subparagraph (D), by redesignating subparagraph (E) as
subparagraph (F), and by inserting after subparagraph
(D) the following new subparagraph:
``(E) a Child Retirement Account described in
section 529(a), or''.
(2) Failure to provide reports on child retirement
accounts.--Paragraph (2) of section 6693(a) of such Code is
amended by striking ``and'' at the end of subparagraph (A), by
striking the period at the end of subparagraph (B) and
inserting ``, and'', and by adding at the end the following new
subparagraph:
``(C) section 529(f) (relating to Child Retirement
Accounts).''
(3) Clerical amendment.--The table of parts for subchapter
F of chapter 1 of such Code is amended by adding at the end the
following new item:
``Part VIII. Child Retirement Accounts.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | Children's Financial Security Act of 1996 -
Directs the Secretary of the Treasury or a delegate to transfer each calendar year, from the general fund of the Treasury and for each calendar year, $1,000 to the Child Retirement Account (CRA) of each eligible child. Makes eligible any individual who as of the close of such calendar year: (1) is a citizen or resident alien of the United States; and (2) has not attained age six. Allows the applicable taxpayer, in the case of children below age 19 as of the close of 1996, to contribute, during 1997 and 1998 only, to the child's CRA an amount equal to the lesser of $6,000 or the product of $1,000 and the child's age as of the close of 1996. Reduces the amount of any Federal or parental contribution for children of high-income parents, according to a phaseout range formula.
Amends the Internal Revenue Code to exempt CRAs from the income tax, but not from the tax on unrelated business income of charitable organizations. Requires the withholding of a 20 percent tax on any distribution from a CRA (although such distributions shall not be included in gross income). Provides for qualified special purpose distributions for first-time homebuying and for higher education expenses (along with a specified credit against the 20 percent distribution tax). | Children's Financial Security Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Musconetcong Wild and Scenic Rivers
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Secretary of the Interior, in cooperation and
consultation with appropriate Federal, State, regional, and
local agencies, is conducting a study of the eligibility and
suitability of the Musconetcong River in the State of New
Jersey for inclusion in the Wild and Scenic Rivers System.
(2) The Musconetcong Wild and Scenic River Study Task Force
has prepared, with assistance from the National Park Service, a
river management plan for the study area entitled
``Musconetcong River Management Plan'' and dated April 2002,
which establishes goals and actions that will ensure long-term
protection of the outstanding values of the river and
compatible management of land and water resources associated
with the river.
(3) Thirteen municipalities and three counties along
segments of the Musconetcong River eligible for designation
have passed resolutions supporting the Musconetcong River
Management Plan, agreeing to take action to implement the goals
of the plan, and endorsing designation of the river.
SEC. 3. DESIGNATION OF PORTIONS OF MUSCONETCONG RIVER, NEW JERSEY, AS
SCENIC AND RECREATIONAL RIVERS.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following:
``(__) Musconetcong river, new jersey.--(A) The 24.2 miles of river
segments in New Jersey, to be administered by the Secretary of the
Interior, consisting of--
``(i) the segment from Saxton Falls to the Route 46 bridge
(approximately 3.5 miles), as a scenic river; and
``(ii) the segment from the Kings Highway bridge to the
railroad tunnels at Musconetcong Gorge (approximately 20.7
miles), as a recreational river.
``(B) Notwithstanding section 10(c), the river segments referred to
in subparagraph (A) shall not be administered as part of the National
Park System.''.
(b) Management of Segments.--
(1) Compliance with management plan.--The Secretary of the
Interior shall manage the segments of the Musconetcong River,
New Jersey, designated as a scenic river or recreational river
by the amendment made by subsection (a) in accordance with the
river management plan entitled ``Musconetcong River Management
Plan'' and dated April 2002, prepared by the Musconetcong River
Management Committee, the National Park Service, the Heritage
Conservancy, and the Musconetcong Watershed Association, which
establishes goals and actions that will ensure long-term
protection of the outstanding values of the river segments and
compatible management of land and water resources associated
with the river segments.
(2) Cooperation.--The Secretary shall manage the river
segments in cooperation with appropriate Federal, State,
regional, and local agencies, including--
(A) the Musconetcong River Management Committee;
(B) the Musconetcong Watershed Association;
(C) the Heritage Conservancy;
(D) the National Park Service; and
(E) the New Jersey Department of Environmental
Protection.
(c) Satisfaction of Requirements for Plan.--The management plan
shall be considered to satisfy the requirements for a comprehensive
management plan for the river segments under subsection 3(d) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(d) Federal Role.--
(1) Restrictions on water resource projects.--In
determining under section 7(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1278(a)) whether a proposed water resources
project would have a direct and adverse effect on the values
for which a river segment is designated as part of the Wild and
Scenic Rivers System, the Secretary shall consider the extent
to which the project is consistent with the management plan.
(2) Cooperative agreements.--Any cooperative agreements
entered into under section 10(e) of the Wild and Scenic Rivers
Act (16 U.S.C. 1281(e)) relating to a river segment--
(A) shall be consistent with the management plan;
and
(B) may include provisions for financial or other
assistance from the United States to facilitate the
long-term protection, conservation, and enhancement of
the river segment.
(3) Support for implementation.--The Secretary may provide
technical assistance, staff support, and funding to assist in
the implementation of the management plan.
(e) Land Management.--
(1) In general.--The Secretary may provide planning,
financial, and technical assistance to local municipalities and
non-profit organizations to assist in the implementation of
actions to protect the natural and historic resources of the
river segments.
(2) Plan requirements.--After adoption of recommendations
made in section IV of the management plan, the zoning
ordinances of the municipalities bordering the segments shall
be considered to satisfy the standards and requirements under
section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1277(c)).
(f) Designation of Additional River Segment.--
(1) Finding.--Congress finds that the Musconetcong River
segment ``C'' as described in the management plan is suitable
for designation as a recreational river under this subsection
if there is adequate local support for the designation as
determined by the Secretary.
(2) Designation and administration.--If the Secretary
determines that there is adequate local support for designating
the additional river segment as a recreational river--
(A) the Secretary shall publish in the Federal
Register a notice of the designation of the segment;
(B) the segment shall thereby be designated as a
recreational river in accordance with the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.); and
(C) the Secretary shall administer the additional
river segment as a recreational river.
(3) Criteria for local support.--In determining whether
there is adequate local support for the designation of the
additional river segment, the Secretary shall consider, among
other things, the preferences of local governments expressed in
resolutions concerning designation of the segment.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such funds as are necessary to carry out this section,
including the amendment to the Wild and Scenic River Act made by this
section.
(h) Definitions.--In this section:
(1) Additional river segment.--The term ``additional river
segment'' means Musconetcong River segment ``C'', as described
in the management plan, from Hughesville Mill to the Delaware
River Confluence (approximately 4.3 miles).
(2) Management plan.--The term ``management plan'' means
the river management plan entitled ``Musconetcong River
Management Plan'' and dated April 2002.
(3) River segments.--The term ``river segments'' means the
segments of the Musconetcong River, New Jersey, designated as a
scenic river or recreational river by the amendment made by
subsection (a) in accordance with the management plan.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Musconetcong Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act to designate specified segments of the Musconetcong River, New Jersey, as scenic and recreational rivers.
Directs the Secretary of the Interior to manage those segments: (1) in accordance with the Musconetcong River Management Plan (dated April 2002), which establishes goals and actions to ensure long-term protection of the outstanding values of the river segments and compatible management of land and water resources associated with such segments; and (2) in cooperation with appropriate Federal, State, regional, and local agencies.
Considers the management plan as satisfying the requirements for a comprehensive management plan for those river segments. Directs the Secretary, in determining whether a proposed water resources project would have a direct and adverse effect on the values for which a river segment is designated as part of the Wild and Scenic Rivers System, to consider the extent to which the project is consistent with the management plan.
Authorizes the Secretary to provide planning, financial, and technical assistance to local municipalities and nonprofit organizations to assist in the implementation of actions to protect the natural and historic resources of the river segments.
Provides for the designation of additional river segments if there is adequate local support. | To amend the Wild and Scenic Rivers Act to designate portions of the Musconetcong River in the State of New Jersey as a component of the National Wild and Scenic Rivers System, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Computer Science Education and Jobs
Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Computer science is transforming industry, creating new
fields of commerce, driving innovation in all fields of
science, and bolstering productivity in established economic
sectors.
(2) The Bureau of Labor Statistics predicts that there will
be 9,200,000 jobs in the fields of science, technology,
engineering, and mathematics by the year 2020. Half of these,
or 4,600,000 jobs, will be in computing.
(3) According to the Bureau of Labor Statistics, in 2012,
the national median annual salary was $45,790, and the average
annual salary in computer and mathematical occupations was
$80,180.
(4) Elementary and secondary computer science education
gives students a deeper knowledge of the fundamentals of
computing, yielding critical thinking skills that will serve
students throughout their lives in numerous fields.
(5) Students who take the College Board's AP computer
science examination are 8 times more likely to major in
computer science in college. Unfortunately, the College Board
reports that in 2012, less than 3,000 of the 40,000 high
schools in the United States offered AP computer science
examinations.
(6) Only 14 States allow computer science courses to count
toward secondary school core graduation requirements, chilling
student interest in computer science courses.
(7) The Computer Science Teachers Association (CSTA) has
found that many States do not have a certification or licensure
process for computer science teachers. Where processes do
exist, they often have no connection to rigorous computer
science content.
(8) Computer science education has been encumbered by
confusion regarding the related but distinct concepts of
computer science education, technology education, and the use
of technology in education.
(9) The Association for Computing Machinery and the CSTA
have established a clear 4-part, grade-appropriate framework of
standards for computer science education to guide State reform
efforts.
(10) With the growing importance of computing in society,
the need for students to understand the fundamentals of
computing, and the significant challenges elementary and
secondary computer science education faces, broad support for
computer science education is needed to catalyze reform.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 4. COMPUTER SCIENCE DEFINITIONS.
Section 9101 (20 U.S.C. 7801) is amended--
(1) by redesignating paragraphs (7) through (43) as
paragraphs (8) through (44), respectively;
(2) by inserting after paragraph (6) the following:
``(7) Computer science.--The term `computer science' means
the study of computers and algorithmic processes and includes
the study of computing principles, computer hardware, software
design, computer applications, and the impact of computers on
society.'';
(3) in paragraph (12), as redesignated by paragraph (1), by
striking ``and geography'' and inserting ``geography, and
computer science''; and
(4) in subparagraph (A)(i) of paragraph (35), as
redesignated by paragraph (1), by inserting ``(including
computer science)'' after ``academic subjects''.
SEC. 5. EXPANDING ACCESS TO ADVANCED PLACEMENT COMPUTER SCIENCE.
Section 1705(c)(4) (20 U.S.C. 6535(c)(4)) is amended by striking
``and science'' and inserting ``science, and computer science''.
SEC. 6. COMPUTER SCIENCE IN STATE PLANS.
(a) State Plans.--Section 1111(b) (20 U.S.C. 6311(b)) is amended--
(1) in paragraph (1)(E), by adding at the end the
following: ``Computer science is included as a subject under
this subparagraph.''; and
(2) in paragraph (8)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) how the State educational agency shall
consider including computer science in academic
standards, academic accountability, and assessments
under subsection (b).''.
(b) Highly Qualified Teachers.--Section 1119(a)(2) (20 U.S.C.
6319(a)(2)) is amended by striking the period after ``school year'' and
inserting ``, except that computer science teachers shall be found to
be highly qualified not later than the end of the 2015-2016 school
year.''.
SEC. 7. COMPUTER SCIENCE IN MATHEMATICS AND SCIENCE PARTNERSHIPS.
(a) Subpart Heading.--Part B of title II (20 U.S.C. 6661 et seq.)
is amended by inserting after the part heading the following new
subpart heading:
``Subpart 1--Partnership Grants''.
(b) Purposes and Definitions.--
(1) Section 2201(a)(3) (20 U.S.C. 6661(a)(3)) is amended by
striking ``and engineers'' and inserting ``engineers, computer
science professionals, and informatics professionals''.
(2) Section 2201(b) (20 U.S.C. 6661(b)) is amended--
(A) in paragraph (1)(A)(ii), by striking ``or
science'' and inserting ``science, informatics, or
computer science'';
(B) in paragraph (1)(B)(i), by inserting
``informatics, computer science,'' after ``science,'';
and
(C) by inserting at the end of such section the
following:
``(3) Mathematics and science.--The term `mathematics and
science' means science, technology, engineering, mathematics,
and computer science.''.
(c) Authorized Activities.--
(1) Section 2202(c) (20 U.S.C. 6662(c)) is amended--
(A) in paragraph (4), by striking ``and science''
and inserting ``science, informatics, and computer
science'';
(B) in subparagraphs (A), (C), and (D) of paragraph
(4), by striking ``or science'' and inserting
``science, informatics, or computer science'';
(C) in paragraph (5), by striking ``and science.''
at the end and inserting ``, science, computer science,
and informatics.'';
(D) in paragraph (8), by striking ``and engineers''
and inserting ``engineers, computer science
professionals, and informatics professionals''; and
(E) in paragraph (10), by striking ``engineering
and technology'' and inserting ``informatics''.
(2) Section 2202(e)(2)(C) (20 U.S.C. 6662(e)(2)(C)) is
amended--
(A) in clause (ii), by striking ``or the sciences''
and inserting ``the sciences, informatics, or computer
science''; and
(B) in clause (iii), by striking ``engineering, and
science.'' and inserting ``engineering, science,
informatics, and computer science.''
(d) Conforming and Technical Amendments.--
(1) The table of contents in section 2 is amended by
inserting after the item relating to the heading to part B of
title II the following:
``subpart 1--partnership grants''.
(2) Section 2201 (20 U.S.C. 6661) is amended--
(A) in subsection (a), by striking ``part'' and
inserting ``subpart''; and
(B) in subsection (b), by striking ``part'' and
inserting ``subpart''.
(3) Section 2202 (20 U.S.C. 6662) is amended--
(A) in subsection (a)--
(i) in each of subparagraphs (B) and (C) of
paragraph (2), by striking ``part'' and
inserting ``subpart'';
(ii) in paragraph (3), by striking ``part''
and inserting ``subpart''; and
(iii) in paragraph (4), by striking
``part'' and inserting ``subpart'' each place
the term appears;
(B) in each of paragraphs (1) and (2)(E) of
subsection (b), by striking ``part'' and inserting
``subpart'';
(C) in subsection (c), by striking ``part'' and
inserting ``subpart'';
(D) in each of paragraphs (1) and (2) of subsection
(d), by striking ``part'' and inserting ``subpart'';
(E) in subsection (e)(1), by striking ``part'' and
inserting ``subpart'' each place the term appears; and
(F) in subsection (f), by striking ``part'' and
inserting ``subpart''.
(4) Section 2203 (20 U.S.C. 6663) is amended by striking
``part'' and inserting ``subpart''.
SEC. 8. EXPANDING TEACHER PREPARATION PROGRAMS FOR COMPUTER SCIENCE
TEACHERS.
(a) Computer Science Model Teacher Preparation Program.--Part B of
title II (20 U.S.C. 6661 et seq.), as amended by section 7, is further
amended by adding at the end the following:
``Subpart 2--Model Teacher Preparation Program
``SEC. 2211. COMPUTER SCIENCE MODEL TEACHER PREPARATION PROGRAM.
``(a) Establishment.--The Secretary is authorized to award grants
to institutions of higher education to improve training for elementary
school and secondary school computer science teachers.
``(b) Eligibility.--The Secretary may award a grant under this
section to an institution of higher education that--
``(1) has, at minimum--
``(A) a program in teacher education; and
``(B) a program in computer science or informatics;
and
``(2) submits an application at such time, in such form,
and containing such information and assurances as the Secretary
may require.
``(c) Use of Funds.--An institution of higher education that
receives a grant under the section shall use the grant funds to carry
out not less than 1 of the following activities:
``(1) Develop courses for undergraduate students that--
``(A) prepare such students to teach computer
science in elementary schools and secondary schools;
``(B) address content and pedagogy in informatics
or computer science education; and
``(C) engage the teacher education department and
other relevant departments at the institution of higher
education.
``(2) Develop and fund teacher mentoring programs to
support elementary school and secondary school computer science
teachers who are new to the profession.
``(d) Duration of Grants.--Each grant awarded by the Secretary
under this section shall be for a period of 5 years.
``(e) Report.--Not later than 180 days after the conclusion of the
grant period described under subsection (d), an institution of higher
education that receives a grant under this section shall submit to the
Secretary and Congress a report that--
``(1) identifies the number of teachers served under the
grant;
``(2) identifies the number of teachers described in
paragraph (1) who obtain a teaching position in a computer
science classroom; and
``(3) evaluates the activities carried out under this
section.''.
(b) Technical Amendment.--The table of contents in section 2 is
amended by inserting before the item relating to part C of title II the
following:
``subpart 2--model teacher preparation program
``Sec. 2211. Computer science model teacher preparation program.''.
SEC. 9. COMPUTER SCIENCE IN THE ROBERT NOYCE TEACHER SCHOLARSHIP
PROGRAM.
Section 10 of the National Science Foundation Authorization Act of
2002 (42 U.S.C. 1862n-1) is amended--
(1) by striking ``and mathematics'' and inserting
``mathematics, informatics, and computer science'' in each
place it appears;
(2) in subsection (a)(3)(B), by striking ``or mathematics''
and inserting ``mathematics, informatics, and computer
science'';
(3) in subsections (b)(1)(D)(i), (c)(1)(A), (d)(1), and
(i)(7), by striking ``or mathematics'' each place the term
appears and inserting ``mathematics, informatics, or computer
science''; and
(4) in subsection (i)(5), by striking ``or mathematics''
and inserting ``mathematics, or computer science''. | Computer Science Education and Jobs Act of 2013 - Amends the Elementary and Secondary Education Act of 1965 to define "computer science" as the study of computers and algorithmic processes, including the study of computing principles, computer hardware, software design, computer applications, and the impact of computers on society. Makes computer science a core academic subject. Includes computer science teachers in professional development activities. Requires the Secretary of Education to give a priority in awarding advanced placement incentive program grants to entities focused on expanding access to advanced placement computer science programs. Requires state plans for school improvement to describe how the state will consider including computer science in its academic standards, accountability system, and assessments. Requires computer science teachers to be highly qualified by the end of the 2015-2016 school year. Includes computer science in the program awarding grants to partnerships between states, institutions of higher education (IHEs), and high-need local educational agencies to: (1) train and recruit mathematics and science teachers, and (2) develop more rigorous science and mathematics curricula. Authorizes the Secretary to award five-year grants to IHEs to: (1) develop courses that prepare undergraduate students to teach elementary and secondary school computer science, and (2) develop and fund teacher mentoring programs to support new computer science teachers. Amends the National Science Foundation Authorization Act of 2002 to include informatics and computer science majors and professionals in the Robert Noyce Teacher Scholarship Program (the Program recruits and prepares science, technology, engineering, and mathematics majors and professionals to become mathematics and science teachers). | Computer Science Education and Jobs Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High Quality Teaching Act of 2009''.
SEC. 2. GRANTS TO LOCAL EDUCATIONAL AGENCIES TO PROVIDE TARGETED
ASSISTANCE TO HIGH NEED SCHOOLS TO RECRUIT, SUPPORT, AND
RETAIN HIGHLY QUALIFIED AND EFFECTIVE TEACHERS.
(a) In General.--Part A of title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding at
the end the following new subpart:
``Subpart 6--Targeted High Need Initiative
``SEC. 2161. GRANTS TARGETING SCHOOLS HAVING HIGHEST NEED FOR HIGHLY
QUALIFIED AND EFFECTIVE TEACHERS.
``(a) In General.--The Secretary shall make competitive grants to
selected local educational agencies to recruit, support, and retain
highly qualified and effective teachers through participation in the
Targeted High Need Initiative program of the National Board for
Professional Teaching Standards.
``(b) Limitation on Number of Assisted Agencies.--Not more than 250
local educational agencies shall be selected by the Secretary to
receive grants under this section.
``(c) Priorities.--In making such grants, the Secretary shall give
priority to local educational agencies--
``(1) having the highest number of students from a
traditionally disadvantaged background, including students who
receive free or reduced priced meals, students belonging to a
minority subgroup, students with limited English proficiency,
or migratory children;
``(2) having the highest number of schools identified for
school improvement, corrective action, or restructuring under
section 1116(b); and
``(3) having the lowest number of teachers who are
certified by the National Board of Professional Teaching
Standards.
``(d) Selection Process.--
``(1) In general.--To be eligible to receive a grant under
this section, a local educational agency shall submit an
application to the State educational agency at such time, in
such manner, and containing such information as the Secretary
may require.
``(2) Review by state educational agency.--Applications
received by a State educational agency under paragraph (1)
shall be submitted to the Secretary (at such time, in such
manner, and containing such information as the Secretary may
require) together with recommendations by the State educational
agency as to--
``(A) which local educational agencies have the
highest need; and
``(B) which should be given preference based on
criteria specified by the State educational agency.
Such criteria may include the distribution of such grants
between urban and rural areas, the number of limited English
proficient children, and the number of schools needing
assistance.
``(3) Contents of application.--The application under
paragraph (1) shall describe the following:
``(A) The partnership that such agency will form
with an institution of higher education or other
appropriate entity to carry out the activities
described in subsection (e).
``(B) How such agency will use funds received under
this section to participate in the Targeted High Need
Initiative program of the National Board for
Professional Teaching Standards.
``(C) Identify the initial 25 classroom teachers,
and at least 1 superintendent, principal, or vice
principal, who have agreed to be mentors under such
program.
``(e) Use of Funds.--A local educational agency that receives a
grant under this section shall use the funds made available through the
grant for the following:
``(1) Establish the partnership referred to subsection
(d)(3)(A).
``(2) Support teachers through the Targeted High Need
Initiative program of the National Board for Professional
Teaching Standards through training, professional development,
mentoring and technological resources.
``(3) Fully fund the assessment fee for all eligible
teachers who apply to be certified by such Board and who agree
to remain at the participating school for at least 3 years
after completing the certification.
``(4) Provide a $1,000 award to each teacher who is
certified by such Board after completing participation in such
a Targeted High Need Initiative program.
``(5) Provide sponsoring schools with a $500 award for each
teacher described in paragraph (4).
``(6) Conduct an independent evaluation of the impact of
participation in such Targeted High Need Initiative program on
teaching quality and student learning and achievement. Such
evaluation may include incorporating multiple sources of data
over time to assess immediate and long-term impacts of such
participation.
``(f) Duration of Grant.--The Secretary shall make grants under
this section for period of 5 years.
``(g) Equitable Distribution.--To the extent practicable, the
Secretary shall ensure an equitable geographic distribution of grants
under this section among the regions of the United States.''.
(b) Funding.--
(1) Section 2103 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6603) is amended by adding at the end
the following new subsection:
``(c) Targeted High Need Initiative.--There are authorized to be
appropriated to carry out subpart 6 $25,000,000 for fiscal year 2010
and each of the 5 succeeding fiscal years.''.
(2) Subsection (a) of section 2103 of such Act is amended
by striking ``subpart 5'' and inserting ``subparts 5 and 6''. | High Quality Teaching Act of 2009 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive five-year grants to up to 250 local educational agencies (LEAs) to recruit, support, and retain highly qualified and effective teachers through participation in the Targeted High Need Initiative program of the National Board for Professional Teaching Standards.
Gives priority to LEAs that have: (1) the highest number of disadvantaged students; (2) the highest number of schools identified for school improvement, corrective action, or restructuring; and (3) the lowest number of teachers certified by the National Board for Professional Teaching Standards.
Requires LEAs to use such grants to: (1) partner with institutions of higher education or other appropriate entities in conducting grant activities; (2) provide teachers participating in the Targeted High Need Initiative program with training, mentoring, and technological resources; (3) cover the assessment fee for teachers who apply for certification by such Board and agree to teach at the participating school for at least three years after their certification; (4) provide specified monetary awards to teachers and their sponsoring schools after completion of the Targeted High Need Initiative program; and (5) conduct an independent evaluation of such program's affect on teaching quality and student performance. | To amend the Elementary and Secondary Education Act of 1965 to assist underperforming schools to recruit, support, and retain highly qualified and effective teachers by providing grants for participation in the Targeted High Need Initiative program of the National Board for Professional Teaching Standards. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Notification of Death in
Custody or Life-Threatening Emergency Act of 2017'' or the ``Wakiesha's
Law''.
SEC. 2. PURPOSE.
To encourage State, local and tribal jurisdictions to implement and
enforce appropriate and time-sensitive procedures to notify the next-
of-kin or designated person upon the death or life-threatening
emergency of an individual who is in the custody of law enforcement.
SEC. 3. COMPLIANCE AND INELIGIBILITY.
(a) Compliance.--
(1) Federal law enforcement agencies.--Each Federal law
enforcement agency shall take such actions as may be necessary
to ensure compliance with the requirements of sections 4 and 5.
(2) States and localities.--For purposes of this section, a
State or unit of local government is a noncompliant
jurisdiction if that State or unit of local government does not
establish, implement, or enforce a law, policy, or procedure to
ensure compliance with the requirements of sections 4 and 5.
(b) Reduction of Grant Funds.--For each fiscal year beginning after
the date of enactment of this Act, a State shall be subject to a 10-
percent reduction of the funds that would otherwise be allocated for
the fiscal year to the State under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750
et seq.), whether characterized as the Edward Byrne Memorial State and
Local Law Enforcement Assistance Programs, the Local Government Law
Enforcement Block Grants Program, the Edward Byrne Memorial Justice
Assistance Grant Program, or otherwise, if during the prior fiscal
year--
(1) the State was a noncompliant jurisdiction; or
(2) a unit of local government was a noncompliant
jurisdiction.
(c) Reallocation of Funds.--Amounts not allocated accordingly to a
State for failure to fully comply with this Act shall be reallocated
under that program to States that have complied with this Act.
SEC. 4. INFORMATION REQUIRED UPON ARREST OR DETENTION.
(a) In General.--In the case of an individual taken into the
custody of a law enforcement agency, the agency shall, at the time of
taking custody, including during an arrest, during or prior to booking
or intake screening as a new commitment, in transfer from another
institution, as a court return, as a return from a writ, or as a
holdover, obtain basic identification information for the individual,
including his or her name, date of birth, and last known address, as
well as ensuring that the information is accurate and complete. The
individual may not be placed into any correctional institution prior to
the acquisition and confirmation of such information.
(b) Emergency Notification Information.--The receiving institution
or agency shall also obtain the name, relationship, and contact
information, including mailing address and one or more phone numbers,
of at least one person or next-of-kin to be notified in case of death
or emergency. In all instances where counsel has entered appearance on
the record as a representative for the individual, the attorney listed
shall by default be listed as the designated emergency contact. The
attorney contact shall be provided in addition to the contact or
contacts provided by the individual.
(c) No Use in Proceedings.--Under no circumstances may any
information obtained for the purpose of identifying a next-of-kin or
designated emergency contact be used in any criminal, civil or
investigative proceeding against the individual.
SEC. 5. NOTIFICATION BY LAW ENFORCEMENT OF FAMILY WITH REGARD TO DEATH
OR LIFE-THREATENING EMERGENCY OCCURRING TO INDIVIDUAL IN
CUSTODY.
(a) Death Notification Minimum Standards.--In the case of an
individual who dies while in the custody of a law enforcement agency:
(1) Written notification plan.--A law enforcement agency
shall have a written notification plan in place identifying all
designated staff members who are authorized, trained and
prepared to deliver notification of death to the next-of-kin or
designated contact in a professional and compassionate manner.
(2) Timeframe for notification.--In the event an individual
dies while in the custody of law enforcement, such notification
shall be delivered not later than 3 hours after the declaration
of death.
(3) Manner of notification.--To minimize confusion and
trauma suffered by the family or designated contact of the
deceased, reasonable efforts may be taken when practical to
ensure that notification is provided in-person and in a private
setting.
(4) Information required.--Such notification shall include
the official time of death, the cause of death (if determined)
and all pertinent circumstances surrounding the death,
including whether the individual's death is under investigation
and the reason for opening an investigation.
(5) Documentation of attempts.--All notification attempts
shall be documented and maintained within the custodial record,
including--
(A) the staff name and corresponding agency or
department contact information for all those
responsible for carrying out the notification;
(B) the date and time of successful and
unsuccessful contacts;
(C) the names and contacts to which attempts were
made, and any reason for failed or unsuccessful
contact; and
(D) any incidents of unclaimed or rejected claims
for the body or property of the deceased, including a
detailed description of where any unclaimed bodies and
property have been disposed of.
(b) Autopsy Notifications.--In the case of an individual who dies
while in the custody of a law enforcement agency, if an autopsy of that
individual is required:
(1) Notification.--The next-of-kin or designated contacts
shall be informed immediately upon any determination that an
autopsy shall be performed, and such notification shall include
the reason that the autopsy is being performed.
(2) Results reported.--A copy of the autopsy report and
results shall be made available to the next-of-kin or
designated contact immediately upon completion.
(3) Independent autopsy.--The State and the next of kin
shall have the opportunity to perform a separate autopsy.
(c) Life-Threatening Emergency Notification Minimum Standards.--In
the case of any life-threatening event occurring to an individual in
the custody of a law enforcement agency:
(1) Written notification plan.--A law enforcement agency
shall have a written notification plan in place identifying all
designated staff members who are authorized, trained and
prepared to deliver notification of a life-threatening event to
the next-of-kin or designated contact in a professional and
compassionate manner.
(2) Timeframe for notification.--Notice to the designated
emergency contact shall be made as soon as practicable after
the life-threatening event occurs, and, where practicable
without delaying treatment, prior to any required medical
procedure, but in any event, not later than any medical
discharge or clearance.
(3) Manner of notification.--To minimize confusion and
trauma suffered by the family or designated contact of the
individual who has suffered a life-threatening event,
reasonable efforts may be taken when practical to ensure that
notification is made in-person and in a private setting.
(4) Information required.--Such notification shall include
details of the life-threatening event, including--
(A) whether the individual is incapacitated,
unconscious, or unable to speak;
(B) the cause and nature of the life-threatening
event;
(C) whether any medical procedures or life-saving
measures were performed in response to the life-
threatening event; and
(D) whether any medical followup is recommended and
the nature of the recommended followup.
(5) Documentation of attempts.--All notification attempts
shall be documented and maintained within the custodial record,
including--
(A) the staff name and corresponding agency or
department contact information for all those
responsible for carrying out the notification;
(B) the date and time of successful and
unsuccessful contacts; and
(C) the names and contacts to which attempts were
made, and any reason for failed or unsuccessful
contact.
SEC. 6. REPORT TO ATTORNEY GENERAL.
Section 2(b) of the Death in Custody Reporting Act of 2013 (42
U.S.C. 13727(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after paragraph (4) the following:
``(5) the date and time notification of death was provided
to the next of kin or designated contact;
``(6) the date and time of each unsuccessful notification
attempt was made; and
``(7) a detailed description of where any unclaimed bodies
and property have been disposed of, including the amount of
time lapsed prior to taking such action.''.
SEC. 7. DEFINITIONS.
In this Act:
(1) In custody of a law enforcement agency.--The term ``in
the custody of a law enforcement agency'' means, with regard to
an individual, that the individual is detained, under arrest,
or is in the process of being arrested, is en route to be
incarcerated, or is incarcerated at a municipal or county jail,
State prison, State-run boot camp prison, boot camp prison that
is contracted out by the State, any State or local contract
facility, or other local, tribal or State correctional
facility, including a juvenile facility or a medical or mental
health facility.
(2) Custodial record.--The term ``custodial record'' means
the central file of an individual in custody.
(3) Juvenile facility.--The term ``juvenile facility''
includes juvenile or youth detention center, placement
facility, group home or other State, private or contracted unit
maintaining the custody of a youth under court order or law
enforcement action.
(4) Life-threatening.--The term ``life-threatening event''
means a medical event, episode, condition, or accident--
(A) where, without immediate treatment for the
condition, death is eminent;
(B) where hospitalization is required because of a
serious, life-threatening medical or surgical condition
that requires immediate treatment; or
(C) where an individual is unconscious or
incapacitated such that they are incapable of providing
consent for medical treatment. | Family Notification of Death in Custody or Life-Threatening Emergency Act of 2017 or Wakiesha's Law This bill requires federal, state, and local law enforcement agencies to obtain identifying information about an individual in custody and contact information for the individual's next of kin or designated emergency contact. It establishes minimum standards with respect to notifying the next of kin or designated emergency contact following an individual's death or life-threatening emergency while in custody. The Department of Justice must reduce by 10% the allocation of funds under the Edward Byrne Memorial Justice Assistance Grant program for a state or local government that fails to comply. The bill also amends the Death in Custody Reporting Act of 2013 to require a state or federal law enforcement agency to include, in its quarterly report on deaths in custody, additional information such as the date and time that death notification was provided and the date and time of each unsuccessful notification attempt. | Family Notification of Death in Custody or Life-Threatening Emergency Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fines in Need of Extensive Reform
Act of 2014'' or the ``FINER Act of 2014''.
SEC. 2. ASSESSMENT OF FINES.
(a) Effective Date of Rules That Provide for the Assessment of a
Fine.--In the case of a rule that provides for an assessment of a fine
for a violation of that rule, the rule may not take effect until the
date that is 90 days after the date on which the Federal department or
agency that made the rule, makes publicly available on the department
or agency's Internet website, the rule, the information relating to the
rule described in section 3(c), and any relevant guidance documents
relating to the enforcement of the rule. Any fine assessed pursuant to
such a rule before such 90-day period shall be void. The head of such a
Federal department or agency may, in consultation with entities to
which the rule applies, further delay the assessment of fines pursuant
to the rule in order to provide such entities with sufficient time to
comply with the requirements of the rule.
(b) Provision of Information Regarding the Fine.--At the time of
the assessment of an administrative fine, the Federal department or
agency assessing the fine shall provide the person against which the
fine is imposed with all relevant information regarding the fine,
including--
(1) the rule which the person is charged with violating,
and the location of that rule in the Code of Federal
Regulations;
(2) the facts, based on which the person is charged with
violating the rule;
(3) the amount of the fine;
(4) how the department or agency determined the amount of
the fine; and
(5) the court date or information described in section
4(b).
(c) Assignment of Fine to a Officer or Employee of a Federal
Department or Agency.--No fine may be assessed by a Federal department
or agency unless there is an officer or employee of such Federal
department or agency who is responsible for assessing the fine.
SEC. 3. CONSISTENCY IN ASSESSMENT OF ADMINISTRATIVE FINES.
(a) In General.--The head of a Federal department or agency shall
ensure that administrative fines assessed by that department or agency
are assessed in a consistent manner.
(b) Publication on the Internet.--Not later than 180 days after the
enactment of this Act, and annually thereafter, the head of a Federal
department or agency that assesses administrative fines shall make
publicly available on that department or agency's Internet website, for
any rule for which the department or agency that enforces the rule may
assess an administrative fine for a violation of such rule, the
information described in subsection (c) and any relevant guidance
documents relating to the enforcement of the rule. The head of a
Federal department or agency that is required to publish information
under this subsection shall ensure that the information is published in
a searchable, and easily accessible format.
(c) Publication in the Federal Register.--Not later than January 1,
2015, and annually thereafter, the head of a Federal department or
agency that assesses administrative fines shall publish in the Federal
Register, for any rule for which the department or agency that enforces
the rule may assess an administrative fine for a violation of such
rule, detailed information regarding--
(1) the location of the rule in the Code of Federal
Regulations;
(2) information on where persons subject to the rule may
direct questions or concerns relating to the rule;
(3) the amount of the fine that will be assessed; and
(4) the facts that will be considered in the determination
of, for the rule violation--
(A) whether a fine will be assessed; and
(B) if a fine will be assessed, the amount of the
fine that will be assessed.
SEC. 4. JUDICIAL REVIEW OF ADMINISTRATIVE FINES.
(a) In General.--Notwithstanding any other provision of law, in any
case in which an administrative fine is assessed against a person (as
such term is defined in section 1 of title 1, United States Code), that
person may pay the fine, or challenge the imposition of the fine in the
Federal district court for the district in which that person resides or
has a principal place of business, in accordance with this section.
(b) Court Date.--
(1) In general.--At the time of the assessment of an
administrative fine, the Federal department or agency assessing
the fine shall provide the person against which the fine is
imposed with--
(A) a date on which the person may appear to
contest the administrative fine in the Federal district
court referred to in subsection (a), as provided by
that Federal district court; or
(B) information on how the Federal district court
referred to in subsection (a) will--
(i) assign the person a date on which the
person may appear to contest the administrative
fine; and
(ii) notify the person about that date.
(2) Court rules and procedures.--A Federal district court
may adopt such rules and procedures as may be necessary to hear
challenges of administrative fines in a timely manner, in
accordance with this section.
(c) Presence of Officer or Employee of Federal Department or Agency
in Court.--In the case of a person contesting an administrative fine
pursuant to this section, the officer or employee of the Federal
department or agency who assessed the fine shall be present in court
for all proceedings related to the contesting of such fine, or the
violation for which the fine was assessed shall be dismissed, and the
person against whom the fine was assessed shall not be required to pay
such fine. In the case of an officer or employee who, at the time of
the court date, is no longer employed by the Federal department or
agency, the immediate superior officer or employee shall be present in
court for any such court proceedings.
(d) Payment of Fine.--In the case of a person contesting an
administrative fine in Federal court or through alternative dispute
resolution pursuant to this section, the person shall not be required
to pay the fine until a final judgment is entered that requires the
person to pay the fine, and that no additional interest or penalties
should accrue while the fine is contested.
(e) Alternative Dispute Resolution.--The enforcing agency shall
provide the opportunity for the person fined to undergo alternative
means of dispute resolution, as defined in section 571(3) of title 5,
United States Code, by a neutral third party, unless the person
contests in Federal district court.
(f) Costs.--A person who contests an administrative fine in court
pursuant to this section and prevails, may recover reasonable court
costs, including attorney fees.
SEC. 5. DEPOSIT OF ADMINISTRATIVE FINES INTO TREASURY.
Notwithstanding any other provision of law, in the case of an
administrative fine that is paid--
(1) except as provided in section 3718(d) of title 31,
United States Code, the full amount of the fine shall be
deposited into the Treasury; and
(2) the fine may not be used to supplement or offset the
appropriations of the Federal department or agency that
assessed the fine.
SEC. 6. ADMINISTRATIVE FINE DEFINED.
In this Act, the term ``administrative fine'' means any fine or
penalty assessed by a Federal department or agency, but does not
include user fees, criminal fines or penalties, or any fine imposed by
a court. | Fines in Need of Extensive Reform Act of 2014 or the FINER Act of 2014 - Prohibits federal agency rules that provide for an assessment of an administrative fine from taking effect until 90 days after the rule and relevant rule guidance is made available on the agency's website. Establishes procedures for enforcement of, and challenges to, administrative fines to: (1) prohibit fine assessments unless a particular officer or employee of the agency is responsible for assessing the fine, (2) allow persons to challenge the imposition of a fine in federal court or through alternative dispute resolution by a neutral third party, and (3) require rule violations to be dismissed if the agency officer or employee who assessed the fine is not present in court for any proceedings contesting the fine. Requires agencies to publish annually in the Federal Register guidance for any rules for which they may assess an administrative fine. Allows a person who prevails in contesting a fine to recover reasonable court costs and attorney's fees. Provides for fine amounts to be deposited into the Treasury. Prohibits fines from being used to supplement or offset the appropriations of the agency that assessed the fine. Excludes user fees, criminal fines or penalties, or court-imposed fines from the requirements applicable to administrative fines. | FINER Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cumberland Island Preservation
Act''.
SEC. 2. CUMBERLAND ISLAND NATIONAL SEASHORE AND CUMBERLAND ISLAND
WILDERNESS, GEORGIA.
(a) Boundary Adjustments for Land Exchange.--
(1) Exclusion of conveyed lands.--If the proposed land
exchange described in subsection (b) is agreed to by the
Secretary of the Interior, any lands to be conveyed by the
United States as part of the land exchange shall be excluded
from the boundaries of the Cumberland Island Wilderness or
potential wilderness area designated by section 2 of Public Law
97-250 (96 Stat. 709; 16 U.S.C. 1132 note).
(2) Inclusion of acquired lands.--All lands acquired by the
United States as part of the land exchange described in
subsection (b) shall be included in, and managed as part of,
the Cumberland Island Wilderness designated by section 2 of
Public Law 97-250 (96 Stat. 709; 16 U.S.C. 1132 note). Upon
acquisition of the lands, the Secretary of the Interior shall
adjust the boundaries of the Cumberland Island Wilderness to
include the acquired lands.
(b) Description of Land Exchange.--The land exchange referred to in
subsection (a) is a land exchange with regard to Cumberland Island
National Seashore, which is established under Public Law 92-536 (16
U.S.C. 459i et seq.), and Cumberland Island Wilderness that is being
negotiated by the Secretary of the Interior with the Nature Conservancy
and High Point, Inc., for the purpose of acquiring privately owned
lands on Cumberland Island, which have substantial wilderness
characteristics, in exchange for Federal lands located at the north end
of the island.
(c) Treatment of Main Road.--
(1) Findings.--The main road at Cumberland Island National
Seashore is included on the register of national historic
places. The continued existence and use of the main road, as
well as a spur road that provides access to Plum Orchard
mansion at Cumberland Island National Seashore, is necessary
for maintenance and access to the natural, cultural, and
historical resources of Cumberland Island National Seashore.
The inclusion of these roads both on the register of national
historic places and in the Cumberland Island Wilderness or
potential wilderness area is incompatible and causes competing
mandates on the Secretary of the Interior for management.
(2) Exclusion from wilderness.--The main road on Cumberland
Island (as described on the register of national historic
places), the spur road that provides access to Plum Orchard
mansion, and such limited area on each side of these roads as
the Secretary of the Interior considers necessary, are hereby
excluded from the boundaries of the Cumberland Island
Wilderness and the potential wilderness area designated by
section 2 of Public Law 97-250 (96 Stat. 709; 16 U.S.C. 1132
note).
(3) Effect of exclusion.--Nothing in this subsection shall
be construed to affect the inclusion of the main road on the
register of national historic places or the authority of the
Secretary of the Interior to impose reasonable restrictions on
the use of the main road or spur road to minimize any adverse
impacts on the Cumberland Island Wilderness or potential
wilderness area.
(d) Restoration of Plum Orchard Mansion.--
(1) Restoration required.--Using funds appropriated
pursuant to the authorization of appropriations in paragraph
(4), the Secretary of the Interior shall restore Plum Orchard
mansion at Cumberland Island National Seashore so that the
condition of the restored mansion is at least equal to the
condition of the mansion when it was donated to the United
States. The Secretary may also accept donations of money and
in-kind contributions for the purpose of restoring the mansion.
(2) Subsequent maintenance.--The Secretary of the Interior
shall endeavor to enter into an agreement with public and
private persons to provide for the maintenance of Plum Orchard
mansion following its restoration.
(3) Restoration plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the
Interior shall submit to Congress a comprehensive plan for the
repair, stabilization, and restoration of Plum Orchard mansion
to the condition the mansion was in when acquired by the United
States.
(4) Authorization of appropriations.--There is authorized
to be appropriated such sums as are necessary for the
restoration of Plum Orchard mansion under paragraph (1).
(e) Archaeological and Historic Sites.--The Secretary of the
Interior shall identify, document, and protect archaeological sites
located on Federal land within Cumberland Island National Seashore. The
Secretary shall prepare and implement a plan to preserve designated
national historic sites within the seashore.
(f) Designation of Additional Wilderness Area.--
(1) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), a parcel of Federal
lands within Cumberland Island National Seashore, which
comprises approximately ____ acres on the southern portion of
Cumberland Island, as depicted on the map entitled ``Cumberland
Island Wilderness Addition, Proposed'', dated ________, 1998,
is hereby designated as wilderness and therefore as a component
of the National Wilderness Preservation System.
(2) Administration.--The parcel designated by paragraph (1)
shall be administered by the Secretary of the Interior in
accordance with the Wilderness Act as part of the Cumberland
Island Wilderness designated by section 2 of Public Law 97-250
(96 Stat. 709; 16 U.S.C. 1132 note). The Secretary shall adjust
the boundaries of the Cumberland Island Wilderness to include
the parcel.
(3) Existing rights and uses.--The designation of the
wilderness area under paragraph (1) shall be subject to valid
existing rights and pre-existing uses of the designated parcel. | Cumberland Island Preservation Act - Adjusts the boundaries of the Cumberland Island Wilderness, Georgia, to exclude and to include certain lands if the proposed land exchange being negotiated between the Secretary of the Interior and the Nature Conservancy and High Point, Inc., is agreed to with regard to Cumberland Island National Seashore and Cumberland Island Wilderness.
Excludes the main road on Cumberland Island (as described on the register of national historic places), the spur road that provides access to Plum Orchard mansion, and such limited area on each side of these roads as necessary, from the boundaries of the Cumberland Island Wilderness and the potential wilderness area.
Requires the Secretary to: (1) restore Plum Orchard mansion at Cumberland Island National Seashore so that the condition of the restored mansion is at least equal to the condition of the mansion when it was donated to the United States; and (2) submit a comprehensive plan for the repair, stabilization, and restoration of the mansion to such condition. Authorizes appropriations.
Directs the Secretary to: (1) identify, document, and protect archaeological sites located on Federal land within the Seashore; and (2) prepare and implement a plan to preserve designated national historic sites within the Seashore.
Designates, subject to valid existing rights and pre-existing uses, a specified parcel of Federal land within Cumberland Island National Seashore as wilderness and a component of the National Wilderness Preservation System. Adjusts the boundaries of the Cumberland Island Wilderness to include the parcel. | Cumberland Island Preservation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Employee Retirement Security
Act of 1996''.
SEC. 2. TREATMENT OF GOVERNMENTAL PLANS UNDER SECTION 415.
(a) Compensation Limit.--Subsection (b) of section 415 of the
Internal Revenue Code of 1986 is amended by adding immediately after
paragraph (10) the following new paragraph:
``(11) Special limitation rule for governmental plans.--In
the case of a governmental plan (as defined in section 414(d)),
subparagraph (B) of paragraph (1) shall not apply.''
(b) Treatment of Certain Excess Benefit Plans.--
(1) In general.--Section 415 of such Code is amended by
adding at the end the following new subsection:
``(m) Treatment of Qualified Governmental Excess Benefit
Arrangements.--
``(1) Governmental plan not affected.--In determining
whether a governmental plan (as defined in section 414(d))
meets the requirements of this section, benefits provided under
a qualified governmental excess benefit arrangement shall not
be taken into account. Income accruing to a governmental plan
(or to a trust that is maintained solely for the purpose of
providing benefits under a qualified governmental excess
benefit arrangement) in respect of a qualified governmental
excess benefit arrangement shall constitute income derived from
the exercise of an essential governmental function upon which
such governmental plan (or trust) shall be exempt from tax
under section 115.
``(2) Taxation of participant.--For purposes of this
chapter--
``(A) the taxable year or years for which amounts
in respect of a qualified governmental excess benefit
arrangement are includible in gross income by a
participant, and
``(B) the treatment of such amounts when so
includible by the participant,
shall be determined as if such qualified governmental excess
benefit arrangement were treated as a plan for the deferral of
compensation which is maintained by a corporation not exempt
from tax under this chapter and which does not meet the
requirements for qualification under section 401.
``(3) Qualified governmental excess benefit arrangement.--
For purposes of this subsection, the term `qualified
governmental excess benefit arrangement' means a portion of a
governmental plan if--
``(A) such portion is maintained solely for the
purpose of providing to participants in the plan that
part of the participant's annual benefit otherwise
payable under the terms of the plan that exceeds the
limitations on benefits imposed by this section,
``(B) under such portion no election is provided at
any time to the participant (directly or indirectly) to
defer compensation, and
``(C) benefits described in subparagraph (A) are
not paid from a trust forming a part of such
governmental plan unless such trust is maintained
solely for the purpose of providing such benefits.''
(2) Coordination with section 457.--Subsection (e) of
section 457 of such Code is amended by adding at the end the
following new paragraph:
``(14) Treatment of qualified governmental excess benefit
arrangements.--Subsections (b)(2) and (c)(1) shall not apply to
any qualified governmental excess benefit arrangement (as
defined in section 415(m)(3)), and benefits provided under such
an arrangement shall not be taken into account in determining
whether any other plan is an eligible deferred compensation
plan.''
(3) Conforming amendment.--Paragraph (2) of section 457(f)
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'', and by adding at the
end the following new subparagraph:
``(E) a qualified governmental excess benefit
arrangement described in section 415(m).''
(c) Exemption for Survivor and Disability Benefits.--Paragraph (2)
of section 415(b) of such Code is amended by adding at the end the
following new subparagraph:
``(I) Exemption for survivor and disability
benefits provided under governmental plans.--Paragraph
(5) and subparagraph (C) of this paragraph shall not
apply to--
``(i) income received from a governmental
plan (as defined in section 414(d)) as a
pension, annuity, or similar allowance as the
result of the recipient becoming disabled by
reason of personal injuries or sickness, or
``(ii) amounts received from a governmental
plan by the beneficiaries, survivors, or the
estate of an employee as the result of the
death of the employee.''
(d) Revocation of Grandfather Election.--
(1) In general.--Subparagraph (C) of section 415(b)(10) of
such Code is amended by adding at the end the following new
clause:
``(ii) Revocation of election.--An election
under clause (i) may be revoked not later than
the last day of the third plan year beginning
after the date of the enactment of this clause.
The revocation shall apply to all plan years to
which the election applied and to all
subsequent plan years. Any amount paid by a
plan in a taxable year ending after the
revocation shall be includible in income in
such taxable year under the rules of this
chapter in effect for such taxable year, except
that, for purposes of applying the limitations
imposed by this section, any portion of such
amount which is attributable to any taxable
year during which the election was in effect
shall be treated as received in such taxable
year.''
(2) Conforming amendment.--Subparagraph (C) of section
415(b)(10) of such Code is amended by striking ``This'' and
inserting:
``(i) In general.--This''.
(e) Compensation.--Subsection (k) of section 415 of such Code is
amended by adding at the end the following new paragraph:
``(3) Definition of compensation for government plans.--For
purposes of this section, in the case of a governmental plan
(as defined in section 414(d)), the term `compensation'
includes, in addition to the amounts described in subsection
(c)(3)--
``(A) any elective deferral (as defined in section
402(g)(3)), and
``(B) any amount which is contributed by the
employer at the election of the employee and which is
not includible in the gross income of the employee
under section 125 or 457.''
(f) Effective Date.--
(1) In general.--The amendments made by subsections (a),
(b), (c), and (e) shall apply to years beginning after the date
of the enactment of this Act. The amendments made by subsection
(d) shall apply with respect to revocations adopted after the
date of the enactment of this Act.
(2) Treatment for years beginning before date of
enactment.--Nothing in the amendments made by this section
shall be construed to infer that a governmental plan (as
defined in section 414(d) of the Internal Revenue Code of 1986)
fails to satisfy the requirements of section 415 of such Code
for any taxable year beginning before the date of the enactment
of this Act.
SEC. 3. TREATMENT OF DEFERRED COMPENSATION PLANS OF STATE AND LOCAL
GOVERNMENTS AND TAX-EXEMPT ORGANIZATIONS.
(a) Special Rules for Plan Distributions.--Paragraph (9) of section
457(e) of the Internal Revenue Code of 1986 (relating to other
definitions and special rules) is amended to read as follows:
``(9) Benefits not treated as made available by reason of
certain elections, etc.--
``(A) Total amount payable is $3,500 or less.--The
total amount payable to a participant under the plan
shall not be treated as made available merely because
the participant may elect to receive such amount (or
the plan may distribute such amount without the
participant's consent) if--
``(i) such amount does not exceed $3,500,
and
``(ii) such amount may be distributed only
if--
``(I) no amount has been deferred
under the plan with respect to such
participant during the 2-year period
ending on the date of the distribution,
and
``(II) there has been no prior
distribution under the plan to such
participant to which this subparagraph
applied.
A plan shall not be treated as failing to meet the
distribution requirements of subsection (d) by reason
of a distribution to which this subparagraph applies.
``(B) Election to defer commencement of
distributions.--The total amount payable to a
participant under the plan shall not be treated as made
available merely because the participant may elect to
defer commencement of distributions under the plan if--
``(i) such election is made after amounts
may be available under the plan in accordance
with subsection (d)(1)(A) and before
commencement of such distributions, and
``(ii) the participant may make only 1 such
election.''.
(b) Cost-of-Living Adjustment of Maximum Deferral Amount.--
Subsection (e) of section 457 of such Code, as amended by section
2(b)(2) (relating to governmental plans), is amended by adding at the
end the following new paragraph:
``(15) Cost-of-living adjustment of maximum deferral
amount.--The Secretary shall adjust the $7,500 amount specified
in subsections (b)(2) and (c)(1) at the same time and in the
same manner as under section 415(d), except that the base
period shall be the calendar quarter ending September 30, 1995,
and any increase under this paragraph which is not a multiple
of $500 shall be rounded to the next lowest multiple of
$500.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. TRUST REQUIREMENT FOR DEFERRED COMPENSATION PLANS OF STATE AND
LOCAL GOVERNMENTS.
(a) In General.--Section 457 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(g) Governmental Plans Must Maintain Set Asides for Exclusive
Benefit of Participants.--
``(1) In general.--A plan maintained by an eligible
employer described in subsection (e)(1)(A) shall not be treated
as an eligible deferred compensation plan unless all assets and
income of the plan described in subsection (b)(6) are held in
trust for the exclusive benefit of participants and their
beneficiaries.
``(2) Taxability of trusts and participants.--For purposes
of this title--
``(A) a trust described in paragraph (1) shall be
treated as an organization exempt from taxation under
section 501(a), and
``(B) notwithstanding any other provision of this
title, amounts in the trust shall be includible in the
gross income of participants and beneficiaries only to
the extent, and at the time, provided in this section.
``(3) Custodial accounts and contracts.--For purposes of
this subsection, custodial accounts and contracts described in
section 401(f) shall be treated as trusts under rules similar
to the rules under section 401(f).''
(b) Conforming Amendment.--Paragraph (6) of section 457(b) of such
Code is amended by inserting ``except as provided in subsection (g),''
before ``which provides that''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to assets and
income described in section 457(b)(6) of such Code held by a
plan on and after the date of the enactment of this Act.
(2) Transition rule.--In the case of assets and income
described in paragraph (1) held by a plan before the first day
of the first calendar quarter beginning after the close of the
first regular session of the State legislature of the State in
which the governmental entity maintaining the plan is located
beginning after the date of the enactment of this Act, a trust
need not be established by reason of the amendments made by
this section before such first day. For purposes of the
preceding sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be deemed
to be a separate regular session of the State legislature. | Public Employee Retirement Security Act of 1996 - Amends the Internal Revenue Code to make inapplicable to defined benefit governmental plans a rule limiting benefits to 100 percent of a participant's average compensation for the participant's high three years.
Provides for the treatment of and defines qualified governmental excess benefit arrangements.
Exempts survivor and disability benefits under governmental plans from certain otherwise required benefit reductions.
Revises provisions concerning the treatment of deferred benefits plans of State and local governments and tax-exempt organizations. | Public Employee Retirement Security Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``50 State Capitols Commemorative
Currency Program''.
SEC. 2. 50 STATE CAPITOLS COMMEMORATIVE CURRENCY PROGRAM.
Section 5114 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(d) 50 State Capitols Commemorative Currency Program.--
``(1) Redesign beginning in 2005.--
``(A) In general.--In addition to the requirements
of subsection (b) (relating to the inclusion of the
inscription `In God We Trust' on all United States
currency) and the 8th undesignated paragraph of section
16 of the Federal Reserve Act, during the 10-year
period beginning on January 1, 2005, the center panel
of the reverse side of the $1 Federal reserve notes
shall incorporate designs selected in accordance with
this subsection which are emblematic of the capitols or
statehouses of the 50 States.
``(B) Transition provision.--Notwithstanding
subparagraph (A), the Secretary may continue to print,
and the Board to issue, $1 Federal reserve notes in
2005 which bear the design in effect before the
redesign required under this subsection as required to
ensure a smooth transition into the 10-year program
under this subsection.
``(2) Single state designs.--The design on the center panel
of the reverse side of each $1 Federal reserve note issued
during the 10-year period referred to in paragraph (1) shall be
emblematic of the capitol or statehouse of 1 of the 50 States.
``(3) Issuance of notes commemorating 5 states during each
of the 10 years.--
``(A) In general.--The designs for the $1 Federal
reserve notes issued during each year of the 10-year
period referred to in paragraph (1) shall be emblematic
of 5 States selected in the order in which such States
ratified the Constitution of the United States or were
admitted into the Union, as the case may be.
``(B) Number of each of 5 designs in each year.--Of
the $1 Federal reserve notes issued during each year of
the 10-year period referred to in paragraph (1), the
Board shall prescribe, in accordance with section 16 of
the Federal Reserve Act and on the basis of such
factors as the Board determines to be appropriate, the
number of $1 Federal reserve notes which shall be
issued with each of the 5 designs selected for such
year.
``(4) Selection of design.--
``(A) In general.--Each of the 50 designs required
under this subsection for $1 Federal reserve notes
shall be--
``(i) selected by the Secretary after
consultation with--
``(I) the Governor of the State
whose capitol or statehouse is being
commemorated, or such other State
officials or group as the State may
designate for such purpose; and
``(II) the Commission of Fine Arts;
and
``(ii) reviewed by the Board and the
Citizens Coinage Advisory Committee.
``(B) Selection and approval process.--Designs for
$1 Federal reserve notes may be submitted in accordance
with the design selection and approval process
developed by the Secretary in the sole discretion of
the Secretary.
``(C) Participation.--The Secretary may include
participation by State officials, artists from the
States, engravers of the United States Mint, and
members of the general public.
``(D) Standards.--Because it is important that the
Nation's coinage and currency bear dignified designs of
which the citizens of the United States can be proud,
the Secretary shall not select any frivolous or
inappropriate design for any $1 Federal reserve note
subject to this subsection.
``(E) Prohibition on certain representations.--No
head and shoulders portrait or bust of any person,
living or dead, and no portrait of a living person may
be included in the design of a State capitol or
statehouse on any $1 Federal reserve note under this
subsection.
``(5) Application in event of the admission of additional
states.--If any additional State is admitted into the Union
before the end of the 10-year period referred to in paragraph
(1), the Secretary of the Treasury may print, and the Board
issue, $1 Federal reserve notes, in accordance with this
subsection, with a design which is emblematic of the capitol or
statehouse of such State during any 1 year of such 10-year
period, in addition to the $1 Federal reserve notes issued
during such year in accordance with paragraph (3)(A).
``(6) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Board.--The term `Board' means the Board of
Governors of the Federal Reserve System.
``(B) Secretary.--The term `Secretary' means the
Secretary of the Treasury.''. | 50 State Capitols Commemorative Currency Program - Amends Federal law governing coinage to declare that during the ten-year period beginning on January 1, 2005, the center panel of the reverse side of the $1 Federal reserve notes shall incorporate designs emblematic of the capitols or statehouses of the 50 States, with five States selected each year in the order in which they ratified the Constitution of the United States or were admitted into the Union.
Proscribes representation of any head and shoulders portrait or bust of any person, living or dead, or any portrait of a living person in the design of a State capitol or statehouse on any such $1 Federal reserve note. | To create a commemorative currency program featuring each of the 50 State capitols or statehouses on the $1 Federal reserve note, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extended Disaster Mental Health
Services Act of 2001''.
TITLE I--MENTAL HEALTH SERVICES PURSUANT TO PUBLIC HEALTH EMERGENCIES
SEC. 101. GRANTS TO STATES AND POLITICAL SUBDIVISIONS FOR MENTAL HEALTH
SERVICES AS RESPONSE TO PUBLIC HEALTH EMERGENCIES.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.) is amended by adding at the end the following
section:
``SEC. 520K. GRANTS TO STATES AND POLITICAL SUBDIVISIONS FOR MENTAL
HEALTH SERVICES AS RESPONSE TO PUBLIC HEALTH EMERGENCIES.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, may make grants to States and
political subdivisions of States for the purpose of providing the
mental health services described in subsection (b) in response to
public health emergencies, including diseases or disorders that present
such emergencies, natural disasters, major transportation accidents,
technological disasters, and disasters resulting from terrorism.
``(b) Services.--The mental health services referred to in
subsection (a) with respect to a public health emergency are the
following:
``(1) Crisis counseling in the aftermath of such emergency.
``(2) In the case of children, adolescents, and adults at
risk of developing mental health disorders as a result of such
emergency--
``(A) outreach and screening programs to identify
such individuals; and
``(B) early intervention services, including
counseling.
``(3) Mental health services beyond such crisis counseling
(referred to in this section as `extended therapeutic
services') that--
``(A) are provided to individuals with diagnosed
mental health disorders resulting from or exacerbated
by the emergency, including disaster survivors, family
members of victims, first responders, and others with
such disorders; and
``(B) are provided by mental health professionals
who are licensed or otherwise regulated by a State
agency.
``(4) Assessments of the need for extended therapeutic
services.
``(5) Casefinding and other outreach services to inform the
public of the availability of crisis counseling and extended
therapeutic services.
``(c) Relation to Other Sources of Funding.--A condition for the
receipt of a grant under subsection (a) is that the applicant involved
agree as follows:
``(1) With respect to activities for which the grant is
authorized to be expended, the applicant will maintain
expenditures of non-Federal amounts for such activities at a
level that is not less than the level of such expenditures
maintained by the applicant for the fiscal year preceding the
first fiscal year for which the applicant receives such a
grant.
``(2) The grant will not be expended to make payment for
the provision of extended therapeutic services for an
individual to the extent that payment has been made, or can
reasonably be expected to be made, for the services--
``(A) under a State compensation program, under an
insurance policy, or under a Federal or State health
benefits program; or
``(B) by an entity that provides health services on
a prepaid basis.
``(3) The grant will not be expended to make payment for
the provision of mental health services to the extent that such
services are available pursuant to responses to the public health
emergency involved by the Federal Emergency Management Agency, or by
other Federal or State agencies or programs that provide for emergency
medical services.
``(d) Statewide Mental Health Disaster Plan.--
``(1) In general.--For fiscal year 2003 or any subsequent
fiscal year, a condition for the receipt of a grant under
subsection (a) by a State or a political subdivision is that,
in accordance with criteria established by the Secretary, the
State has developed a statewide plan for the provision of
mental health services in response to public health
emergencies. The preceding sentence applies without regard to
whether the State receives a grant under section 520L.
``(2) Certain criteria of secretary.--The criteria of the
Secretary under paragraph (1) shall include criteria for
coordinating the program under this section with programs of
the Federal Emergency Management Agency and with other Federal
or State programs regarding the provision of emergency medical
services, including mental health services.
``(e) Administration of Grant Through State and Local Mental Health
Agencies.--A condition for the receipt of a grant under subsection (a)
is that the applicant involved agree that the grant and activities
under the grant will be administered through the agency of the State or
political subdivision (as the case may be) that has the principal
responsibility for carrying out mental health programs.
``(f) Certain Requirements.--With respect to an application that,
pursuant to section 501(l), is submitted to the Secretary for a grant
under subsection (a), the Secretary may make the grant only if the
application contains--
``(1) a description of the purposes for which the applicant
intends to expend the grant;
``(2) an assurance that the activities to be carried out
under the grant are consistent with the State plan referred to
in subsection (d)(1), as applicable, together with a
description of the manner in which the grant activities will be
coordinated with the State plan;
``(3) an assurance that the applicant will coordinate
activities under the grant with other public or private
providers of mental health services, together with a
description of the manner in which the grant activities will be
so coordinated; and
``(4) in the case of an application from a political
subdivision, an assurance that the application was developed in
consultation with the State agency referred to in subsection
(e).
``(g) Duration of Grant.--The period during which payments are made
to an applicant from a grant under subsection (a) may not exceed three
years. The provision of such payments are subject to annual approval by
the Secretary of the payments and to the availability of appropriations
for the fiscal year involved to make the payments. This subsection may
not be construed as establishing a limitation on the number of grants
under such subsection that may be made to an applicant.
``(h) Technical Assistance.--The Secretary may, directly or through
grants or contracts, provide technical assistance to grantees under
subsection (a) in carrying out the purpose described in such
subsection.
``(i) 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 of the
fiscal years 2002 through 2006.
``(2) Allocation.--Of the amounts appropriated under
paragraph (1) for a fiscal year, the Secretary may obligate not
more than 7 percent for the administrative expenses of the
Secretary in carrying out this section.''.
TITLE II--STATEWIDE MENTAL HEALTH DISASTER PLANS
SEC. 201. GRANTS TO STATES FOR STATEWIDE MENTAL HEALTH DISASTER PLANS.
Subpart 3 of part B of title V of the Public Health Service Act, as
amended by section 101 of this Act, is amended by adding at the end the
following section:
``SEC. 520L. GRANTS TO STATES FOR STATEWIDE MENTAL HEALTH DISASTER
PLANS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, may make grants to States for
the purpose of--
``(1) developing, and periodically reviewing and as
appropriate revising, statewide plans for providing mental
health services in response to public health emergencies
(including emergencies referred to section 520K(a));
``(2) training personnel to implement such plan
effectively; and
``(3) carrying out other activities determined appropriate
by the Secretary to prepare for the provision of mental health
services in response to such emergencies.
``(b) Certain Requirements.--A condition for the receipt of a grant
under subsection (a) is that the State involved agree that the
statewide plan under such subsection will with respect to public health
emergencies include provisions for each of the following:
``(1) Providing the mental health services described in
section 520K (relating to crisis counseling, outreach and
screening programs, early intervention services, extended
therapeutic services, needs assessments, and casefinding and
other outreach services), taking into account the need for
increased capacity to provide services pursuant to such
emergencies.
``(2) As necessary, carrying out paragraph (1) with respect
to special populations such as children, the elderly,
individuals with disabilities, and individuals with pre-
existing mental health disorders.
``(3) Coordinating the provision of mental health services
with appropriate public and private providers of emergency
medical services and with Federal, State, and local programs
that provide funding for such services.
``(4) Coordinating with local educational agencies.
``(5) Providing information and education to the public
during public health emergencies.
``(6) Providing, at times other than public health
emergencies, information and education to the public regarding
the statewide plan.
``(7) Designation of the State official who will have the
principal responsibility for administering such plan, including
the initial implementation of the plan.
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $25,000,000
for each of the fiscal years 2002 through 2006.''.
TITLE III--NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL ASSISTANCE
CENTER
SEC. 301. NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL ASSISTANCE
CENTER.
Subpart 3 of part B of title V of the Public Health Service Act, as
amended by section 201 of this Act, is amended by adding at the end the
following section:
``SEC. 520M. NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL
ASSISTANCE CENTER.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, shall establish within such
center an administrative unit to be known as the National Mental Health
Crisis Response Technical Assistance Center (referred to in this
section as the `Technical Assistance Center').
``(b) Duties.--The purpose of the Technical Assistance Center is to
carry out, in accordance with policies of the Director of the Center
for Mental Health Services, the following functions:
``(1) Provide consultation and technical assistance to the
Director, and to State and local governmental providers of
mental health services, on developing and implementing plans
for providing appropriate mental health services in response to
public health emergencies, including statewide plans under
section 520L.
``(2) Provide technical expertise on planning,
preparedness, and response evaluation activities.
``(3) Develop policy guidelines on mental health concerns
related to crisis incidents and develop recommendations for
proposed regulations and or legislative proposals.
``(4) Develop and conduct training events and conferences
on mental health needs of disaster victims and witnesses.
``(5) Serve as the principal clearinghouse operated by the
Secretary for the collection and dissemination of information
concerning the mental health aspects of public health
emergencies, including information in published documents,
information on technical assistance resources, and information
on relevant Internet sites.
``(6) Assist States in preparing for the behavioral health
consequences of terrorism.
``(7) Provide onsite technical expertise during public
health emergencies, when requested by a State.
``(c) Certain Authority.--The Technical Assistance Center may carry
out the functions under subsection (b) directly or through grant or
contract, subject to the approval of the Director of the Center for
Mental Health Services.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $2,000,000 for
each of the fiscal years 2002 through 2006.''.
TITLE IV--TRAINING GRANTS
SEC. 401. TRAINING GRANTS.
Subpart 3 of part B of title V of the Public Health Service Act, as
amended by section 301 of this Act, is amended by adding at the end the
following section:
``SEC. 520N. TRAINING GRANTS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, shall award grants to eligible
entities to enable such entities to provide for the training of mental
health professionals with respect to the treatment of individuals who
are victims of disasters.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a) an entity shall--
``(1) be a--
``(A) regional center of excellence; or
``(B) a mental health professional society; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Use of Funds.--An entity that receives a grant under this
section shall use amounts received under the grant to provide for the
training of mental health professionals to enable such professionals to
appropriately diagnose individuals who are the victims of disasters
with respect to their mental health and to provide for the proper
treatment of the mental health needs of such individuals.
``(d) Training Materials and Procedures.--The Director of the
Center for Mental Health Services, in consultation with the Director of
the National Institute of Mental Health, the National Center for Post-
Traumatic Stress Disorder, the International Society for Traumatic
Stress Studies, and the heads of other similar entities, shall develop
training materials and procedures to assist grantees under this
section.
``(e) Definition.--In this section, the term `mental health
professional' includes psychiatrists, psychologists, psychiatric
nurses, mental health counselors, marriage and family therapists,
social workers, pastoral counselors, school psychologists, licensed
professional counselors, school guidance counselors, and any other
individual practicing in a mental health profession that is licensed or
regulated by a State agency.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2002 through 2005.
``(g) Program Management.--In carrying out this section, the
Secretary may use amounts appropriated under subsection (f) for the
administration of the program under this section.''. | Extended Disaster Mental Health Services Act of 2001 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make three-year grants to States and their subdivisions for mental health services in response to public health emergencies, including disease, natural, technological, or terrorism-related disasters and major transportation accidents. Includes post-emergency crisis counseling, outreach, intervention, and extended therapeutic services.Sets forth grant requirements, including the development of a statewide plan and coordination with other governmental programs (including those of the Federal Emergency Management Agency) and providers of mental health services.Authorizes the Secretary to make grants to States to develop their statewide plans, requiring such plans to address the need: (1) for increased capacity for emergency response; (2) of special populations such as children, the elderly, the disabled, and those with pre-existing mental health disorders; and (3) for informing the public and coordinating with other mental health service providers. Requires such plans to designate a primarily responsible State official.Requires the Secretary to establish within the Center for Mental Health Services a National Mental Health Crisis Response Technical Assistance Center to provide technical assistance during emergencies and for developing and implementing plans and policy guidelines. Requires such Center to conduct training and serve as the principal clearinghouse for information concerning the mental health aspects of public health emergencies.Directs the Secretary to award grants for training mental health professionals to treat individuals who are victims of disasters. | To amend the Public Health Service Act to establish a program of grants to States and political subdivisions of States for the provision of mental health services in response to public health emergencies, including disasters resulting from terrorism, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Agriculture Recovery and
Market (FARM) Equity Act of 2001''.
SEC 2. LOAN RATES FOR MARKETING ASSISTANCE LOANS.
Section 132 of the Agricultural Market Transition Act (7 U.S.C.
7232) is amended to read as follows:
``SEC. 132. LOAN RATES FOR MARKETING ASSISTANCE LOANS.
``(a) Wheat.--The loan rate for a marketing assistance loan under
section 131 for wheat shall be not less than--
``(1) 85 percent of the simple average price received by
producers of wheat, as determined by the Secretary, during the
marketing years for the immediately preceding 5 crops of wheat,
excluding the year in which the average price was the highest
and the year in which the average price was the lowest; or
``(2) $3.14 per bushel.
``(b) Feed Grains.--
``(1) Corn.--The loan rate for a marketing assistance loan
under section 131 for corn shall be not less than--
``(A) 85 percent of the simple average price
received by producers of corn, as determined by the
Secretary, during the marketing years for the
immediately preceding 5 crops of corn, excluding the
year in which the average price was the highest and the
year in which the average price was the lowest; or
``(B) $2.09 per bushel.
``(2) Other feed grains.--
``(A) In general.--Subject to subparagraph (B), the
loan rate for a marketing assistance loan under section
131 for grain sorghum, barley, and oats, individually,
shall be established at such level as the Secretary
determines is fair and reasonable in relation to the
rate at which loans are made available for corn, taking
into consideration the feeding value of the commodity
in relation to corn.
``(B) Minimum loan rates.--The loan rate for a
marketing assistance loan under section 131 for grain
sorghum, barley, and oats, individually, shall be not
less than--
``(i) 85 percent of the simple average
price received by producers of grain sorghum,
barley, and oats, respectively, as determined
by the Secretary, during the marketing years
for the immediately preceding 5 crops of grain
sorghum, barley, and oats, respectively,
excluding the year in which the average price
was the highest and the year in which the
average price was the lowest; or
``(ii)(I) in the case of grain sorghum,
$1.89 per bushel;
``(II) in the case of barley, $2.01 per
bushel; and
``(III) in the case of oats, $1.27 per
bushel.
``(c) Upland Cotton.--
``(1) Loan rate.--Subject to paragraph (2), the loan rate
for a marketing assistance loan under section 131 for upland
cotton shall be established by the Secretary at such loan rate,
per pound, as will reflect for the base quality of upland
cotton, as determined by the Secretary, at average locations in
the United States, a rate that is not less than the lesser of--
``(A) 85 percent of the average price (weighted by
market and month) of the base quality of cotton as
quoted in the designated United States spot markets
during 3 years of the 5-year period ending July 31 of
the year preceding the year in which the crop is
planted, excluding the year in which the average price
was the highest and the year in which the average price
was the lowest; or
``(B) 90 percent of the average, for the 15-week
period beginning July 1 of the year preceding the year
in which the crop is planted, of the 5 lowest-priced
growths of the growths quoted for Middling 1\3/32\-inch
cotton C.I.F. Northern Europe (adjusted downward by the
average difference, during the period April 15 through
October 15 of the year preceding the year in which the
crop is planted, between the average Northern European
price quotation of that quality of cotton and the
market quotations in the designated United States spot
markets for the base quality of upland cotton), as
determined by the Secretary.
``(2) Limitations.--The loan rate for a marketing
assistance loan for upland cotton shall not be less than
$0.5826 per pound.
``(d) Extra Long Staple Cotton.--The loan rate for a marketing
assistance loan under section 131 for extra long staple cotton shall be
not less than--
``(1) 85 percent of the simple average price received by
producers of extra long staple cotton, as determined by the
Secretary, during 3 years of the 5-year period ending July 31
of the year preceding the year in which the crop is planted,
excluding the year in which the average price was the highest
and the year in which the average price was the lowest; or
``(2) $0.8768 per pound.
``(e) Rice.--The loan rate for a marketing assistance loan under
section 131 for rice shall be not less than--
``(1) 85 percent of the simple average price received by
producers of rice, as determined by the Secretary, during 3
years of the 5-year period ending July 31 of the year preceding
the year in which the crop is planted, excluding the year in
which the average price was the highest and the year in which
the average price was the lowest; or
``(2) $7.81 per hundredweight.
``(f) Oilseeds.--
``(1) Soybeans.--The loan rate for a marketing assistance
loan under section 131 for soybeans shall be not less than--
``(A) 85 percent of the simple average price
received by producers of soybeans, as determined by the
Secretary, during the marketing years for the
immediately preceding 5 crops of soybeans, excluding
the year in which the average price was the highest and
the year in which the average price was the lowest; or
``(B) $5.26 per bushel.
``(2) Sunflower seed, canola, rapeseed, safflower, mustard
seed, and flaxseed.--The loan rate for a marketing assistance
loan under section 131 for sunflower seed, canola, rapeseed,
safflower, mustard seed, and flaxseed, individually, shall be
not less than--
``(A) 85 percent of the simple average price
received by producers of sunflower seed, canola,
rapeseed, safflower, mustard seed, and flaxseed,
respectively, as determined by the Secretary, during
the marketing years for the immediately preceding 5
crops of sunflower seed, canola, rapeseed, safflower,
mustard seed, and flaxseed, respectively, excluding the
year in which the average price was the highest and the
year in which the average price was the lowest; or
``(B)(i) in the case of oil sunflower seed, $0.093
per pound;
``(ii) in the case of nonoil sunflower seed,
$0.1176 per pound;
``(iii) in the case of canola, $0.0945 per pound;
``(iv) in the case of rapeseed, $0.1001 per pound;
``(v) in the case of safflower, $0.1259 per pound;
``(vi) in the case of mustard seed, $0.1176 per
pound; and
``(vii) in the case of flaxseed, $0.093 per pound.
``(3) Other oilseeds.--The loan rates for a marketing
assistance loan under section 131 for other oilseeds shall be
established at such level as the Secretary determines is fair
and reasonable in relation to the loan rate available for
soybeans, except that the rate for the oilseeds (other than
cottonseed) shall not be less than the rate established for
soybeans on a per-pound basis for the same crop.''.
SEC. 3. NONRECOURSE MARKETING ASSISTANCE LOANS AND LOAN DEFICIENCY
PAYMENTS FOR DRY PEAS, LENTILS, CHICKPEAS, AND RYE.
(a) Definition of Loan Commodity.--Section 102(10) of the
Agricultural Market Transition Act (7 U.S.C. 7202(10)) is amended by
striking ``and oilseed'' and inserting ``oilseed, dry peas, lentils,
chickpeas, and rye''.
(b) Availability of Nonrecourse Loans.--Section 131(a) of the
Agricultural Market Transition Act (7 U.S.C. 7231(a)) is amended in the
first sentence by inserting after ``each loan commodity'' the
following: ``(other than dry peas, lentils, chickpeas, and rye) and
each of the 2001 and 2002 crops of dry peas, lentils, chickpeas, and
rye''.
(c) Loan Rates.--Section 132 of the Agricultural Market Transition
Act (7 U.S.C. 7232) (as amended by section 2) is amended by adding at
the end the following:
``(g) Dry Peas, Lentils, Chickpeas, and Rye.--The loan rate for a
marketing assistance loan under section 131 for dry peas, lentils,
chickpeas, and rye, individually, shall be not less than--
``(1) 85 percent of the simple average price received by
producers of dry peas, lentils, chickpeas, and rye,
respectively, as determined by the Secretary, during the
marketing years for the immediately preceding 5 crops of dry
peas, lentils, chickpeas, and rye, respectively, excluding the
year in which the average price was the highest and the year in
which the average price was the lowest; or
``(2)(A) in the case of dry peas, $7.00 per hundredweight;
``(B) in the case of lentils, $12.00 per hundredweight;
``(C) in the case of chickpeas, $15.00 per hundredweight;
and
``(D) in the case of rye, $2.80 per bushel.''.
(d) Repayment of Loans.--Section 134(a) of the Agricultural Market
Transition Act (7 U.S.C. 7234(a)) is amended--
(1) by striking ``and Oilseeds.--'' and inserting
``Oilseeds, Dry Peas, Lentils, Chickpeas, and Rye.--''; and
(2) by striking ``and oilseeds'' and inserting ``oilseeds,
dry peas, lentils, chickpeas, and rye''.
(e) Payment Limitation.--Section 1001(2) of the Food Security Act
of 1985 (7 U.S.C. 1308(2)) is amended by striking ``contract
commodities and oilseeds'' and inserting ``contract commodities,
oilseeds, dry peas, lentils, chickpeas, and rye''.
SEC. 4. APPLICABILITY.
This Act and the amendments made by this Act shall apply to each of
the 2001 and 2002 crops of a loan commodity (as defined in section 102
of the Agricultural Market Transition Act (7 U.S.C. 7202) (as amended
by section 3(a))). | Family Agriculture Recovery and Market (FARM) Equity Act of 2001 - Amends the Agricultural Market Transition Act to revise 2001 and 2002 marketing assistance loan rates for wheat, feed grains, upland and extra long staple cotton, rice, and oilseeds.Authorizes 2001 and 2002 nonrecourse marketing assistance loans and loan deficiency payments for dry peas, lentils, chickpeas, and rye. | A bill to amend the Agriculture Market Transition Act to increase loan rates for marketing assistance loans for each of the 2001 and 2002 crops, to make nonrecourse marketing assistance loans and loan deficiency payments available to producers of dry peas, lentils, chickpeas, and rye, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Prisoner Health Care
Copayment Act''.
SEC. 2. PRISONER COPAYMENTS FOR HEALTH CARE SERVICES.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4048. Prisoner copayments for health care services
``(a) Definitions.--In this section--
``(1) the term `account' means the trust fund account (or
institutional equivalent) of a prisoner;
``(2) the term `Director' means the Director of the Bureau
of Prisons;
``(3) the term `health care provider' means any person who
is licensed or certified under State law to provide health care
services and who is operating within the scope of such license;
``(4) the term `health care visit' means any visit by a
prisoner to an institutional or noninstitutional health care
provider, if the visit is made at the request of the prisoner;
``(5) the term `prisoner' means any person subject to
incarceration, detention, or admission to any facility who is
accused of, convicted of, sentenced for, or adjudicated
delinquent for, violations of criminal law or the terms and
conditions of parole, probation, pretrial release, or
diversionary program; and
``(6) the term `qualified health care visit' means any
health care visit except a health care visit
``(A) that--
``(i) is conducted during the incarceration
intake process;
``(ii) is an annual examination;
``(iii) is determined by the health care
provider to be an emergency visit;
``(iv) is an immunization;
``(v) is initiated by the health care staff
of the Bureau of Prisons; or
``(vi) is the direct result of a referral
made by a prison official; or
``(B) by a prisoner who is--
``(i) less than 18 years of age;
``(ii) pregnant; or
``(iii) determined by the appropriate
official of the Bureau of Prisons to be
seriously mentally ill or permanently disabled.
``(b) Copayments For Health Care Services.--The Director shall
assess and collect a fee in accordance with this section--
``(1) in an amount equal to not less than $3 and not more
than $5, for each qualified health care visit;
``(2) in an amount not to exceed $5, which shall be
established by the Director by regulation, for--
``(A) each prescription medication provided to the
prisoner by a health care provider; and
``(B) each health care visit described in
subparagraph (A)(iii) or (B)(i) of subsection (a)(6);
and
``(3) in an amount established by the Director by
regulation, for each health care visit occurring as a result of
an injury inflicted on a prisoner by another prisoner.
``(c) Responsibility for Payment.--Each fee assessed under
subsection (b) shall be collected by the Director from the account of--
``(1) the prisoner making the health care visit or
receiving the prescription medication; or
``(2) in the case of a health care visit described in
subsection (b)(3), the prisoner who is determined by the
Director to have inflicted the injury.
``(d) Timing.--Each fee assessed under this section shall be
collected from the appropriate account under subsection (c)--
``(1) on the date on which the qualified health care visit
occurs; or
``(2) in the case of a prisoner whose account balance is
determined by the Director to be insufficient for collection of
the fee in accordance with paragraph (1), in accordance with an
installment payment plan, which shall be established by the
Director by regulation.
``(e) No Refusal of Treatment for Financial Reasons.--Nothing in
this section shall be construed to permit any refusal of treatment to a
prisoner on the basis that--
``(1) account of the prisoner is insolvent; or
``(2) the prisoner is otherwise unable to pay a fee
assessed under this section in accordance with subsection
(d)(1).
``(f) Use of Amounts.--Any amounts collected by the Director under
this section shall be deposited in the Crime Victims' Fund established
under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.
10601).
``(g) Reports to Congress.--Not later than 1 year after the date of
enactment of the Federal Prisoner Health Care Copayment Act and
annually thereafter, the Director shall submit to Congress a report,
which shall include--
``(1) a description of the amounts collected under this
section during the preceding 12-month period; and
``(2) an analysis of the effects of the implementation of
this section, if any, on the nature and extent of health care
visits by prisoners.''.
(b) Clerical Amendment.--The chapter analysis for chapter 303 of
title 18, United States Code, is amended by adding at the end the
following:
``4048. Prisoner copayments for health care services.''. | Federal Prisoner Health Care Copayment Act - Amends the Federal criminal code to impose a fee for health care visits (with certain types of visits exempted) and prescriptions, to be paid by the prisoner making the visit or taking the prescription or, in the case of a prisoner injured by another prisoner, to be paid by the prisoner who inflicted the injury. Prohibits refusal of treatment on the basis that a prisoner is unable to pay. | Federal Prisoner Health Care Copayment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Solid Waste Flow Control
Act of 1993''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Municipal solid waste.--The term ``municipal solid
waste'' means refuse (and refuse-derived fuel) generated by the
general public and from residential, commercial, institutional,
and industrial sources, that consists of paper, wood, yard
wastes, plastics, leather, rubber, and other combustible
materials and noncombustible materials such as metal and glass,
including residue remaining after recyclable materials have
been separated. The term does not include--
(A) any solid waste identified or listed as
hazardous waste under section 3001 of the Solid Waste
Disposal Act (42 U.S.C. 6921);
(B) any 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
of 1980 (42 U.S.C. 9604 or 9606) or a corrective action
taken under such Act;
(C) any separated metal, pipe, glass, plastic,
paper, textile, or other material that has been
separated or otherwise diverted from municipal solid
waste for the purpose of recycling or reclamation; and
(D) any solid waste that is generated by an
industrial facility and transported for the purpose of
containment, storage, or disposal to a facility that is
owned or operated by the generator of the waste, or is
located on property owned by the generator or a company
with which the operator is affiliated.
(2) Recyclable materials.--The term ``recyclable
materials'' means any metal, pipe, glass, plastic, textile, or
other material that has been separated or otherwise diverted
from municipal solid waste for the purpose of reclamation,
manufacture, or reuse.
(3) Waste management facility.--The term ``waste management
facility'' means any facility that collects, stores,
transports, transfers, treats, processes, or disposes of
municipal waste.
SEC. 3. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER MOVEMENT OF
MUNICIPAL SOLID WASTE.
(a) Authority.--Subject to subsection (b), each State and, each
political subdivision with respect to which a State has delegated to a
political subdivision the authority to plan for, and determine methods
to be used for, the collection, disposal, or other means of management
of municipal solid waste generated within, or imported, into, the
boundaries of the political subdivision, is authorized to--
(1) direct, limit, regulate, or prohibit the movement of
municipal solid waste generated within, or imported into, the
boundaries of the State (or political subdivision); and
(2) designate 1 or more waste management facilities to
which municipal solid waste generated within, or imported
within, the State (or political subdivision) shall be
transported.
(b) Limitations.--
(1) In general.--The authority granted to a State or
political subdivision of a State pursuant to subsection (a) may
be exercised by the State or political subdivision of a State
only if both of the following conditions are met:
(A) Recyclable materials will be removed from the
municipal solid waste in accordance with applicable
State municipal waste planning requirements by means of
separation at the source or at 1 or more facilities,
unless the political subdivision in which the municipal
solid waste is generated is exempt from recycling
requirements under an applicable State municipal solid
waste plan.
(B) Each municipal solid waste management facility
to be designated by a State or a political subdivision
of the State is not presently in violation of
applicable Federal and State environmental laws
(including regulations).
(2) Recyclable materials.--No State or political
subdivision of a State may prohibit a person from selling,
conveying, or arranging for the transportation of, recyclable
materials that are owned by the person and that have been
separated from municipal solid waste. A State or political
subdivision of a State may require the person to report the
volume and types of recyclable materials to the State or
political subdivision for the purpose of ensuring compliance
with required recyclable material diversion rates. | Municipal Solid Waste Flow Control Act of 1993 - Authorizes a State or a political subdivision to which a State has delegated authority, if conditions under this Act are met, to: (1) direct, limit, regulate, or prohibit the movement of municipal solid waste generated or imported within its boundaries; and (2) designate waste management facilities to which such waste shall be transported. Permits States or political subdivisions to exercise such authorities only if: (1) recyclable materials will be removed from the waste through separation at the source or at facilities unless the political subdivision in which the waste is generated is exempt from recycling requirements; and (2) the designated waste management facilities are not in violation of Federal and State environmental laws and regulations.
Bars States or political subdivisions from prohibiting persons from selling, conveying, or arranging for the transportation of recyclable materials that have been separated from municipal solid waste. | Municipal Solid Waste Flow Control Act of 1993 |
FUNDING
CORPORATION.
(a) Funding of Interest Payments by the Resolution Funding
Corporation.--Subsection 21B(f)(2)(C) of the Federal Home Loan Bank Act
(12 U.S.C. 1441b(f)(2)(C)) is amended to read as follows:
``(C) Payments by federal home loan banks.--
``(i) In general.--To the extent the
amounts available pursuant to subparagraphs (A)
and (B) are insufficient to cover the amount of
interest payments, the Federal home loan banks
shall pay to the Funding Corporation each
calendar year $300,000,000.
``(ii) Individual bank share.--Each Federal
home loan bank's share of the amount required
to be paid under clause (i) for any year shall
be determined by dividing--
``(I) the daily average minimum
level of tangible capital which such
bank was required to maintain in order
to comply with the bank's minimum
capital requirement for the adequately
capitalized category established
pursuant to section 28(b)(2); by
``(II) the sum of the daily average
minimum levels of tangible capital
which all the banks were required to
maintain in order to comply with each
such bank's minimum capital requirement
for the adequately capitalized
category.''
(b) Bank Contributions to the Bank's Affordable Housing Program.--
``(1) 1995.--Subsection 10(j)(5)(C) of the Federal Home
Loan Bank Act (12 U.S.C. 1430(j)(5)(C)) is amended to read as
follows:
``(C) In 1995, the greater of--
``(i) 10 percent of the net income of the
bank in the preceding year; or
``(ii) such prorated sum as the Finance
Board may determine to be necessary to assure
that the aggregate contribution of all the
Federal home loan banks shall not be less than
$100,000,000 for 1995.''
(c) 1996 and Subsequent Years.--Subsection 10(j)(5) of the Federal
Home Loan Bank Act (12 U.S.C. 1430(j)(5)) is amended by adding at the
end the following new subparagraph:
``(D) In 1996 and subsequent years, 10 percent of
the net income of the bank in the preceding year, as
determined after deducting the payment made by each
Federal home loan bank to the Funding Corporation under
section 21B(f)(2)(C).''.
SEC. 9. COMMUNITY SUPPORT REQUIREMENTS.
Subsection (g) of section 10 of the Federal Home Loan Bank Act (12
U.S.C. 1430(g)) is amended by adding at the end the following new
paragraph:
``(3) Safe harbor for member's receiving cra ratings of
satisfactory or better.--Notwithstanding paragraphs (1) and
(2), any member which receives a rating of satisfactory or
outstanding pursuant to section 807 of the Community
Reinvestment Act of 1977 in such member's most recent
examination shall be treated as having satisfied the
requirements of such paragraphs.''.
SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 9.--Section 9 of the Federal Home Loan Bank Act (12
U.S.C. 1429) is amended--
(1) in the 2d sentence, by striking ``with the approval of
the Board''; and
(2) in the 3d sentence, by striking ``, subject to the
approval of the Board,''.
(b) Section 10.--
(1) Subsection (a) of section 10 of the Federal Home Loan
Bank Act (12 U.S.C. 1430(a)) is amended--
(A) in the 1st sentence before paragraph (1), by
striking ``or section 11(g) of this Act'';
(B) in the 2d sentence before paragraph (1), by
striking ``housing finance'' and inserting ``mortgage
assets'';
(C) in the 2d sentence of paragraph (5), by
striking ``and the Board''; and
(D) in the last sentence of paragraph (5), by
striking ``Board'' and inserting ``bank''.
(2) The last sentence of section 10(b) of the Federal Home
Loan Bank Act (12 U.S.C. 1430(b)) is amended by striking
``Board'' and inserting ``bank''.
(3) Section 10(c) of the Federal Home Loan Bank Act (12
U.S.C. 1430(c) is amended--
(A) in the 1st sentence, by striking ``Board'' and
inserting ``bank''; and
(B) by striking the 2d sentence.
(4) The last sentence of section 10(d) of the Federal Home
Loan Bank Act (12 U.S.C. 1430(d)) is amended by striking
``Subject to the approval of the Board, any'' and inserting
``Any''.
(5) Section 10 of the Federal Home Loan Bank Act (12 U.S.C.
1430) is amended by striking the 1st of the 2 subsections
designated as subsection (e).
(c) Section 10b.--Subsection (a) of section 10b of the Federal Home
Loan Bank Act (12 U.S.C. 1430b) is amended--
(1) by striking ``Board'' and inserting ``bank''; and
(2) by inserting ``home'' before ``mortgage loan''.
(d) Section 11.--
(1) Subsection (a) of section 11 of the Federal Home Loan
Bank Act (12 U.S.C. 1431(a)) is amended--
(A) by striking ``(a) Each Federal Home Loan Bank''
and inserting ``(a) Borrowing Authority.--
``(1) In general.--Each Federal home loan bank'';
(B) by striking ``, subject to rules and
regulations prescribed by the Board'';
(C) by striking ``Board'' and inserting ``board of
directors of the bank''; and
(D) by adding at the end the following new
paragraph:
``(2) Borrowing through the office of finance corporation
only.--Notwithstanding paragraph (1), all notes, bonds, and
debentures issued by any Federal home loan bank shall be issued
through the Office of Finance Corporation.''
(2) Subsection (b) of section 11 of the Federal Home Loan
Bank Act (12 U.S.C. 1431(b)) is amended to read as follows:
``(b) Issuance of Federal Home Loan Bank Bonds.--
``(1) In general.--Effective as of the date the Finance
Board transfers the functions of the Office of Finance to the
Office of Finance Corporation pursuant to section 4(a)(3), the
Office of Finance Corporation may issue consolidated Federal
home loan bank bonds and other consolidated obligations on
behalf of the banks.
``(2) Joint and several obligation; terms and conditions.--
Consolidated obligations issued by the Office of Finance
Corporation under paragraph (1) shall--
``(A) be the joint and several obligations of all
the Federal home loan banks; and
``(B) shall be issued upon such terms and
conditions as shall be established by the Office of
Finance Corporation.''.
(3) Section 11 of the Federal Home Loan Bank Act (12 U.S.C.
1431) is amended by striking subsections (c) and (d) and by
redesignating subsections (e), (f), (g), (h), (i), (j) and (k)
as subsections (c), (d), (e), (f), (g), (h) and (i),
respectively.
(4) Subsection (d) of section 11 of the Federal Home Loan
Bank Act (as so redesignated by paragraph (3)) is amended to
read as follows:
``(d) Rediscount of Notes Held by Other Banks; Purchase of Bonds of
Other Banks.--The Federal home loan banks may--
``(1) rediscount the discounted notes of members held by
other Federal home loan banks;
``(2) make loans to, or make deposits with, other Federal
home loan banks; or
``(3) purchase any bonds or debentures issued under this
section.''.
(e) Repeal of Sections 2A and 2B.--The Federal Home Loan Bank Act
(12 U.S.C. 1421 et seq.) is amended by striking sections 2A and 2B.
SEC. 11. INCORPORATION OF BANKS; CORPORATE POWERS.
Section 12 of the Federal Home Loan Bank Act is amended to read as
follows:
``SEC. 12. INCORPORATION OF BANKS; CORPORATE POWERS.
``(a) Organizational Certificates.--
``(1) Custodianship.--The Finance Board shall be the
custodian of the organizational certificates of the Federal
home loan banks previously filed with the Federal Home Loan
Bank Board (as in existence before the end of the 60-day period
beginning on the date of the enactment of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989) or
the Finance Board.
``(2) Replacement of lost or destroyed certificate.--If the
organizational certificate of a Federal home loan bank is lost
or destroyed, the board of directors of the bank shall provide
the Finance Board with a substitute certificate containing such
information as the Finance Board may require.
``(3) Amendment in case of merger, combination, or
consolidation.--If 2 or more Federal home loan banks merge,
combine, or otherwise consolidate, the resulting bank shall
provide the Finance Board with an amended organizational
certificate containing such information as the Finance Board
may require.
``(b) Corporate Status.--Each Federal home loan bank shall be a
corporation.
``(c) Powers.--Each Federal home loan bank shall have the following
powers:
``(1) To adopt, alter, and use a corporate seal.
``(2) To make contracts.
``(3) To purchase or lease and hold or dispose of such real
estate as may be necessary or convenient for the transaction of
the business of the bank.
``(4) To sue and be sued, to complain, and to defend, in
any court of competent jurisdiction.
``(5) To select, employ, and fix the compensation of such
officers, employees, attorneys, and agents as the board of
directors determines to be necessary for the transaction of the
business of the bank.
``(6) To define the duties of, and require bonds of,
officers, employees, attorneys, and agents of the bank and fix
the penalties of any such bonds.
``(7) To dismiss at pleasure officers, employees,
attorneys, and agents of the bank.
``(8) By the board of directors, to prescribe, amend, and
repeal bylaws and policies governing the manner in which the
affairs of the bank may be administered.
``(9) Such incidental powers as are not inconsistent with
the provisions of this Act and are customary and usual in
corporations generally.
``(d) Prohibition on Excessive Compensation.--
``(1) In general.--The Finance Board shall prohibit the
Federal home loan banks from providing compensation to any
employee of the bank that is not reasonable and comparable with
compensation for employment in other similar businesses
(including other financial institutions or major financial
services companies) involving similar duties and
responsibilities.
``(2) Limitation on Finance Board's Authority to Set
Compensation.--In carrying out paragraph (1), the Finance Board
may not prescribe or set a specific level or range of
compensation.''.
SEC. 12. LIQUIDATION OR REORGANIZATION.
Section 25 of the Federal Home Loan Bank Act (12 U.S.C. 1445) is
amended by striking ``the Board under this Act'' and inserting
``operation of law''.
SEC. 13. DEFINITIONS.
(a) Finance Board Defined.--Paragraph (1) of section 2 of the
Federal Home Loan Bank Act (12 U.S.C. 1422(1)) is amended to read as
follows:
``(1) Finance board.--The term `Finance Board' means the
Federal Housing Finance Board established under section 3.''
``(b) Home Mortgage Loan Defined.--Section 2 of the Federal Home
Loan Bank Act (12 U.S.C. 1422) is amended by striking paragraphs (5)
and (6) and inserting the following new paragraph:
``(5) Home mortgage loan.--
``(A) In general.--The term `home mortgage loan'
means a loan made by a member or a nonmember borrower
upon the security of--
``(i) a mortgage, deed of trust or other
security arrangement upon qualified real
estate, in fee simple; or
``(ii) on a qualified leasehold--
``(I) under a lease which has a
period to maturity of not less than 99
years and is renewable; or
``(II) under a lease having a
period of not less than 50 years to run
from the date the mortgage, deed of
trust, or other security arrangement
was executed.
``(B) Certain loans included.--The term `home
mortgage loan' includes--
``(i) such classes of first liens as are
commonly given to secure advances on real
estate, under the laws of the State in which
the real estate is located, by institutions
authorized under this Act to become members of
a Federal home loan bank; and
``(ii) the credit instruments, if any,
secured by such liens.
``(C) Qualified real estate; qualified leasehold.--
The terms `qualified real estate' and `qualified
leasehold' mean real estate upon which is located, or
which comprises or includes, 1 or more homes or other
dwelling units.
``(D) Definition of further terms.--The Finance
Board may define any term used in this paragraph.''.
(c) Residential Mortgage Assets Defined.--Section 2 of the Federal
Home Loan Bank Act (12 U.S.C. 1422) is amended--
(1) by redesignating paragraphs (7), (8), (9), (10), (11),
and (12) as paragraphs (6), (7), (8), (9), (10), (11),
respectively; and
(2) by adding at the end the following new paragraph:
``(12) Residential mortgage assets.--The term `residential
mortgage asset'--
``(A) means a home mortgage, deed of trust, or
other security arrangement upon real estate that is
solely residential; and
``(B) includes any mortgage pass-through security
or mortgage debt security representing an interest in,
or which is collateralized by, a home mortgage loan.''
(d) Regulated Financial Institution Defined.--Section 2 of the
Federal Home Loan Bank Act (12 U.S.C. 1422) is amended by adding after
paragraph (12) (as added by subsection (c) of this section) the
following new paragraph:
``(13) Regulated financial institution.--The term
`regulated financial institution' means--
``(A) any insured depository institution; and
``(B) any building and loan association, saving and
loan association, cooperative bank, homestead
association, or savings bank which is duly organized
under the laws of any state or of the United States.''.
(e) Capital Distribution Defined.--Section 2 of the Federal Home
Loan Bank Act (12 U.S.C. 1422) is amended by adding after paragraph
(13) (as added by subsection (d) of this section) the following new
paragraph:
``(14) Capital distribution.--The term `capital
distribution' means--
``(A) any dividend or other distribution in cash or
other property made with respect to any shares of, or
other ownership interest in, a Federal home loan bank,
other than a dividend consisting only of shares of any
such bank;
``(B) any payment in cash or other property made by
a Federal home loan bank to repurchase, redeem, retire,
or otherwise acquire any of the shares of the bank,
including any extension of credit made to finance an
acquisition by a bank of such shares; and
``(C) any transaction that the Finance Board
determines by regulation to be, in substance, a
distribution of capital of a Federal home loan bank.''.
SEC. 14. EFFECTIVE DATE.
Except as otherwise expressly provided in this Act, this Act and
the amendments made by this Act shall take effect on the first January
1 which occurs after the date of the enactment of this Act.
HR 1487 IH----2
HR 1487 IH----3
HR 1487 IH----4
HR 1487 IH----5
HR 1487 IH----6 | Federal Home Loan Bank System Modernization Act of 1995 - Amends the Federal Home Loan Bank Act (FHLBA) to declare that the mission of the Federal Home Loan Bank System is to: (1) be a profit-making enterprise whose purpose is to support residential mortgage lending (including low- and moderate-income housing), and related community and economic development lending through a program of collateralized advances and other financial services; and (2) facilitate such lending by providing long-term credit and liquidity and other financial services to members of Federal home loan banks (FHLBs).
Establishes 12 regional FHLB districts. (Currently, the Federal Housing Finance Board (Board) is required to establish between eight and 12 such districts.) Prescribes guidelines for FHLB mergers.
Modifies from annual to periodic the congressional reporting requirements of the Board regarding the safety and soundness of the FHLB system. Alters the makeup of the Board to: (1) reduce its membership from five to three directors; and (2) repeal the statutory mandate that it consist of the Secretary of Housing and Urban Development and at least one consumer representative. States that two directors constitutes a quorum.
Establishes the Office of Finance Corporation (the Corporation) as a federally chartered instrumentality to issue FHLB bonds and debentures. Transfers to the Corporation the functions of the Office of Finance of the FHLBs. Vests Corporation management in a board of directors composed of elected representatives from each FHLB. Treats the Corporation as an FHLB for purposes of any law.
Revises the parameters for subscription and retirement of FHLB stock. Revises the procedure for termination of FHLB membership. Reduces from ten years to five years the period of time before a withdrawn member may resume membership.
Amends the Home Owners' Loan Act to repeal: (1) the proscription against granting cash advances to savings associations that have failed to acquire or maintain qualified thrift lender status; and (2) the requirement that such associations repay outstanding FHLB advances in a prompt and prudent manner.
Revises the FHLB membership guidelines to change membership status from mandatory to voluntary for each Federal savings association.
Amends the FHLBA to direct the Finance Board to establish a uniform capital requirement for FHLBs which takes into consideration interest rate risk, credit risk, and all other risks and obligations associated with bank operations. Prescribes bank capital guidelines. Revises the guidelines for: (1) bank management; (2) FHLB annual contributions to the Resolution Funding Corporation; and (3) FHLB contributions to the Affordable Housing Program.
Provides that any member which receives a rating of satisfactory or better in its most recent examination in connection with the Community Reinvestment Act of 1977 shall be treated as having satisfied specified statutory requirements.
Revises incorporation guidelines to: (1) declare the Finance Board custodian of FHLB organizational certificates; and (2) instruct the Finance Board to prohibit FHLBs from providing excessive compensation to employees. | Federal Home Loan Bank System Modernization Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Historically Women's Public Colleges
and Universities Historic Building Preservation and Restoration Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historically women's public college or university.--
(A) In general.--The term ``historically women's
public college or university'' means a public
institution of higher education established in the
United States between 1836 and 1908 to provide
industrial education for women.
(B) Inclusions.--The term ``historically women's
public college or university'' includes each of the
institutions listed in clauses (i) though (viii) of
section 3(d)(2)(A).
(2) Historic building or structure.--The term ``historic
building or structure'' means a building or structure--
(A) listed, or eligible to be listed, on the
National Register of Historic Places;
(B) designated as a national historic landmark; or
(C) located within a designated historic district.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. PRESERVATION AND RESTORATION GRANTS FOR HISTORIC BUILDINGS AND
STRUCTURES AT HISTORICALLY WOMEN'S PUBLIC COLLEGES AND
UNIVERSITIES.
(a) Authority To Make Grants.--From amounts appropriated to carry
out the National Historic Preservation Act (16 U.S.C. 470 et seq.) for
fiscal years 2002 through 2006, the Secretary shall award grants in
accordance with this section to historically women's public colleges
and universities to pay the Federal share of the costs of the
preservation and restoration of historic buildings and structures on
the campuses of the colleges and universities.
(b) Grant Conditions.--As a condition of the receipt of a grant
under subsection (a), a grantee shall agree that, for a period of time
specified by the Secretary--
(1) no alteration shall be made to the property preserved
or restored using grant funds without the concurrence of the
Secretary; and
(2) reasonable public access to the property shall be
permitted by the grantee for interpretive and educational
purposes.
(c) Cost Sharing for Buildings and Structures Listed on the
National Register of Historic Places.--
(1) Federal share.--Except as provided by paragraph (2),
the Federal share of the cost of a grant for preservation or
restoration of a historic building or structure shall be 50
percent.
(2) Non-federal share.--The non-Federal share of the cost
of activities under a grant under this subsection may be
provided in cash or in the form of in-kind goods or services.
(d) Funding Provisions.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this act $16,000,000 for each
of fiscal years 2002 through 2006.
(2) Allocations for fiscal year 2002.--
(A) In general.--Of the amounts made available
under paragraph (1) for fiscal year 2002, $2,000,000
shall be used to make a grant to each of the following
historically women's public colleges and universities:
(i) University of Montevallo in Montevallo,
Alabama.
(ii) Georgia College and State University
in Milledgeville, Georgia.
(iii) Wesleyan College in Macon, Georgia.
(iv) Mississippi University for Women in
Columbus, Mississippi.
(v) University of North Carolina in
Greensboro, North Carolina.
(vi) University of Science and Arts of
Oklahoma in Chickasha, Oklahoma.
(vii) Winthrop University in Rock Hill,
South Carolina.
(viii) Texas Woman's University in Denton,
Texas.
(B) Less than $16,000,000 available.--If less than
$16,000,000 is made available under this subsection for
fiscal year 2002, each of the institutions specified in
subparagraph (A) shall receive \1/8\ of the total
amount made available.
(3) Allocations for fiscal years 2003 through 2006.--For
each of fiscal years 2003 through 2006, the Secretary shall
distribute \1/8\ of the total amount made available for the
fiscal year under paragraph (1) to each of the grantees
specified in paragraph (2)(A).
(e) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out this Act. | Historically Women's Public Colleges or Universities Historic Building Restoration and Preservation Act - Directs the Secretary of the Interior to award grants to historically women's public colleges or universities for the preservation and restoration of historic buildings and structures on their campuses. Specifies eight institutions to receive such grants in FY 2002 through 2006. | A bill to provide for the preservation and restoration of historic buildings at historically women's public colleges or universities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Reclamation Small Conduit
Hydropower Development and Rural Jobs Act of 2012''.
SEC. 2. AUTHORIZATION.
Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C.
485h(c)) is amended--
(1) by striking ``The Secretary is authorized to enter into
contracts to furnish water'' and inserting ``(1) The Secretary
is authorized to enter into contracts to furnish water'';
(2) by striking ``(1) shall'' and inserting ``(A) shall'';
(3) by striking ``(2) shall'' and inserting ``(B) shall'';
(4) by striking ``respecting the terms of sales of electric
power and leases of power privileges shall be in addition and
alternative to any authority in existing laws relating to
particular projects'' and inserting ``respecting the sales of
electric power and leases of power privileges shall be an
authorization in addition to and alternative to any authority
in existing laws related to particular projects, including
small conduit hydropower development''; and
(5) by adding at the end the following:
``(2) When carrying out this subsection, the Secretary shall first
offer the lease of power privilege to an irrigation district or water
users association operating the applicable transferred work, or to the
irrigation district or water users association receiving water from the
applicable reserved work. The Secretary shall determine a reasonable
time frame for the irrigation district or water users association to
accept or reject a lease of power privilege offer.
``(3) The National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) shall not apply to small conduit hydropower development,
excluding siting of associated transmission on Federal lands, under
this subsection.
``(4) The Power Resources Office of the Bureau of Reclamation shall
be the lead office of small conduit hydropower policy and procedure-
setting activities conducted under this subsection.
``(5) Nothing in this subsection shall obligate the Western Area
Power Administration, the Bonneville Power Administration, or the
Southwestern Power Administration to purchase or market any of the
power produced by the facilities covered under this subsection and none
of the costs associated with production or delivery of such power shall
be assigned to project purposes for inclusion in project rates.
``(6) Nothing in this subsection shall alter or impede the delivery
and management of water by Bureau of Reclamation facilities, as water
used for conduit hydropower generation shall be deemed incidental to
use of water for the original project purposes. Lease of power
privilege shall be made only when, in the judgment of the Secretary,
the exercise of the lease will not be incompatible with the purposes of
the project or division involved, nor shall it create any unmitigated
financial or physical impacts to the project or division involved. The
Secretary shall notify and consult with the irrigation district or
legally organized water users association operating the transferred
work in advance of offering the lease of power privilege and shall
prescribe such terms and conditions that will adequately protect the
planning, design, construction, operation, maintenance, and other
interests of the United States and the project or division involved.
``(7) Nothing in this subsection shall alter or affect any existing
agreements for the development of conduit hydropower projects or
disposition of revenues.
``(8) In this subsection:
``(A) Conduit.--The term `conduit' means any Bureau of
Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or
similar manmade water conveyance that is operated for the
distribution of water for agricultural, municipal, or
industrial consumption and not primarily for the generation of
electricity.
``(B) Irrigation district.--The term `irrigation district'
means any irrigation, water conservation or conservancy
district, multicounty water conservation or conservancy
district, or any separate public entity composed of two or more
such districts and jointly exercising powers of its member
districts.
``(C) Reserved work.--The term `reserved work' means any
conduit that is included in project works the care, operation,
and maintenance of which has been reserved by the Secretary,
through the Commissioner of the Bureau of Reclamation.
``(D) Transferred work.--The term `transferred work' means
any conduit that is included in project works the care,
operation, and maintenance of which has been transferred to a
legally organized water users association or irrigation
district.
``(E) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(F) Small conduit hydropower.--The term `small conduit
hydropower' means a facility capable of producing 1.5 megawatts
or less of electric capacity.''.
Passed the House of Representatives March 7, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act of 2012 - Amends the Reclamation Project Act of 1939 to authorize the Secretary of the Interior (acting through the Bureau of Reclamation) to contract for the development of small conduit hydropower at Bureau facilities.
Defines: (1) "small" as 1.5 megawatts or less; and (2) "conduit" as a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance.
Requires that power privilege leases be offered first to an irrigation district or water users association operating or receiving water from the applicable transferred or reserved work.
Defines: (1) reserved work as any conduit included in project works whose care, operation, and maintenance has been reserved by the Secretary (through the Bureau); and (2) transferred work as any conduit included in project works whose care, operation, and maintenance has been transferred to a legally organized water users association or irrigation district.
Exempts the small conduit hydropower development authorized by this Act from the National Environmental Policy Act of 1969 (NEPA), except with respect to siting of associated transmission on federal lands.
Makes the Bureau's Power Resources Office the lead office for such small conduit hydropower policy and procedure-setting activities. (Thus excludes such activities from the jurisdiction of the Federal Energy Regulatory Commission [FERC].)
Declares that nothing in this Act shall: (1) obligate specified power administrations to purchase or market the power produced by such facilities, (2) alter or impede the delivery and management of water for original project purposes, or (3) alter or affect any existing agreements for conduit hydropower development projects or disposition of revenues. Deems water used for conduit hydropower generation to be incidental to use of water for the original project purposes.
Allows the lease of power privilege only when the exercise of the lease will not be incompatible with, or create unmitigated financial or physical impacts to, the applicable project or division.
Directs the Secretary to: (1) notify and consult with the appropriate irrigation district or water users association operating a transferred conduit before offering such a lease; and (2) prescribe terms and conditions to protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved. | To authorize all Bureau of Reclamation conduit facilities for hydropower development under Federal Reclamation law, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Visa Waiver Program Enhanced
Security and Reform Act''.
SEC. 2. DEFINITIONS.
(a) Definitions.--Section 217(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)(1)) is amended to read as follows:
``(1) Authority to designate; definitions.--
``(A) Authority to designate.--The Secretary of
Homeland Security, in consultation with the Secretary
of State, may designate any country as a program
country if that country meets the requirements under
paragraph (2).
``(B) Definitions.--In this subsection:
``(i) Appropriate congressional
committees.--The term `appropriate
congressional committees' means--
``(I) the Committee on Foreign
Relations, the Committee on Homeland
Security and Governmental Affairs, and
the Committee on the Judiciary of the
Senate; and
``(II) the Committee on Foreign
Affairs, the Committee on Homeland
Security, and the Committee on the
Judiciary of the House of
Representatives.
``(ii) Overstay rate.--
``(I) Initial designation.--The
term `overstay rate' means, with
respect to a country being considered
for designation in the program, the
ratio of--
``(aa) the number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa under section
101(a)(15)(B) whose periods of
authorized stay ended during a
fiscal year but who remained
unlawfully in the United States
beyond such periods; to
``(bb) the number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa under section
101(a)(15)(B) whose periods of
authorized stay ended during
that fiscal year.
``(II) Continuing designation.--The
term `overstay rate' means, for each
fiscal year after initial designation
under this section with respect to a
country, the ratio of--
``(aa) the number of
nationals of that country who
were admitted to the United
States under this section or on
the basis of a nonimmigrant
visa under section
101(a)(15)(B) whose periods of
authorized stay ended during a
fiscal year but who remained
unlawfully in the United States
beyond such periods; to
``(bb) the number of
nationals of that country who
were admitted to the United
States under this section or on
the basis of a nonimmigrant
visa under section
101(a)(15)(B) whose periods of
authorized stay ended during
that fiscal year.
``(III) Computation of overstay
rate.--In determining the overstay rate
for a country, the Secretary of
Homeland Security may utilize
information from any available
databases to ensure the accuracy of
such rate.
``(iii) Program country.--The term `program
country' means a country designated as a
program country under subparagraph (A).''.
(b) Technical and Conforming Amendments.--Section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187) is amended as follows:
(1) By striking ``Attorney General'' each place the term
appears and inserting ``Secretary of Homeland Security'',
except in subsection (c)(11)(B).
(2) In subsection (c)(2)(C)(iii), by striking ``Committee
on the Judiciary and the Committee on International Relations
of the House of Representatives and the Committee on the
Judiciary and the Committee on Foreign Relations of the
Senate'' and inserting ``appropriate congressional
committees''.
(3) In subsection (c)(5)(A)(i)(III), by striking
``Committee on the Judiciary, the Committee on Foreign Affairs,
and the Committee on Homeland Security, of the House of
Representatives and the Committee on the Judiciary, the
Committee on Foreign Relations, and the Committee on Homeland
Security and Governmental Affairs of the Senate'' and inserting
``appropriate congressional committees''.
(4) By striking subsection (c)(7)(E).
SEC. 3. DESIGNATION OF PROGRAM COUNTRIES BASED ON OVERSTAY RATES.
(a) In General.--Section 217(c)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)(2)(A)) is amended to read as follows:
``(A) General numerical limitations.--
``(i) Low nonimmigrant visa refusal rate.--
The percentage of nationals of that country
refused nonimmigrant visas under section
101(a)(15)(B) during the previous full fiscal
year was not more than 3 percent of the total
number of nationals of that country who were
granted or refused nonimmigrant visas under
such section during such year.
``(ii) Low nonimmigrant overstay rate.--The
overstay rate for that country was not more
than 3 percent during the previous fiscal
year.''.
(b) Qualification Criteria.--Section 217(c)(3) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)(3)) is amended to read as
follows:
``(3) Qualification criteria.--After the initial period, a
country may not be designated as a program country unless the
Secretary of Homeland Security, in consultation with the
Secretary of State, determines, pursuant to the requirements of
paragraph (5), that designation will be continued.''.
(c) Continuing Designation.--Section 217(c)(5)(A)(i)(II) of the
Immigration and Nationality Act (8 U.S.C. 1187(c)(5)(A)(i)(II)) is
amended to read as follows:
``(II) shall determine, based upon
the evaluation in subclause (I),
whether any such designation under
subsection (d) or (f), or probation
under subsection (f), ought to be
continued or terminated;''.
(d) Computation of Visa Refusal Rates; Judicial Review.--Section
217(c)(6) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(6))
is amended to read as follows:
``(6) Computation of visa refusal rates and judicial
review.--
``(A) Computation of visa refusal rates.--For
purposes of determining the eligibility of a country to
be designated as a program country, the calculation of
visa refusal rates shall not include any visa refusals
which incorporate any procedures based on, or are
otherwise based on, race, sex, or disability, unless
otherwise specifically authorized by law or regulation.
``(B) Judicial review.--No court shall have
jurisdiction under this section to review any visa
refusal, the Secretary of State's computation of a visa
refusal rate, the Secretary of Homeland Security's
computation of an overstay rate, or the designation or
nondesignation of a country as a program country.''.
(e) Visa Waiver Information.--Section 217(c)(7) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)(7)) is amended--
(1) by striking subparagraphs (B) through (E); and
(2) by striking ``Waiver information--'' and all that
follows through ``In refusing'' and inserting ``Waiver
information--In refusing''.
(f) Waiver Authority.--Section 217(c)(8) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)(8)) is amended to read as follows:
``(8) Waiver authority.--The Secretary of Homeland
Security, in consultation with the Secretary of State, may
waive the application of paragraph (2)(A)(i) for a country if--
``(A) the country meets all other requirements of
paragraph (2);
``(B) the Secretary of Homeland Security determines
that the totality of the country's security risk
mitigation measures provide assurance that the
country's participation in the program would not
compromise the law enforcement, security interests, or
enforcement of the immigration laws of the United
States;
``(C) there has been a general downward trend in
the percentage of nationals of the country refused
nonimmigrant visas under section 101(a)(15)(B);
``(D) the country consistently cooperated with the
Government of the United States on counterterrorism
initiatives, information sharing, preventing terrorist
travel, and extradition of the country's nationals to
the United States before the date of its designation as
a program country, and the Secretary of Homeland
Security and the Secretary of State assess that such
cooperation is likely to continue; and
``(E) the percentage of nationals of the country
refused a nonimmigrant visa under section 101(a)(15)(B)
during the previous full fiscal year was not more than
10 percent of the total number of nationals of that
country who were granted or refused such nonimmigrant
visas.''.
SEC. 4. TERMINATION OF DESIGNATION; PROBATION.
Section 217(f) of the Immigration and Nationality Act (8 U.S.C.
1187(f)) is amended to read as follows:
``(f) Termination of Designation; Probation.--
``(1) Definitions.--In this subsection:
``(A) Probationary period.--The term `probationary
period' means the fiscal year in which a probationary
country is placed in probationary status under this
subsection.
``(B) Program country.--The term `program country'
has the meaning given that term in subsection
(c)(1)(B).
``(2) Determination, notice, and initial probationary
period.--
``(A) Determination of probationary status and
notice of noncompliance.--As part of each program
country's periodic evaluation required by subsection
(c)(5)(A), the Secretary of Homeland Security shall
determine whether a program country is in compliance
with the program requirements under subparagraphs
(A)(ii) through (F) of subsection (c)(2).
``(B) Initial probationary period.--If the
Secretary of Homeland Security determines that a
program country visa is not in compliance with the
program requirements under subparagraphs (A)(ii)
through (F) of subsection (c)(2), the Secretary of
Homeland Security shall place the program country in
probationary status for the fiscal year following the
fiscal year in which the periodic evaluation is
completed.
``(3) Actions at the end of the initial probationary
period.--At the end of the initial probationary period of a
country under paragraph (2)(B), the Secretary of Homeland
Security shall take 1 of the following actions:
``(A) Compliance during initial probationary
period.--If the Secretary determines that all instances
of noncompliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection (c)(2)
that were identified in the latest periodic evaluation
have been remedied by the end of the initial
probationary period, the Secretary shall end the
country's probationary period.
``(B) Noncompliance during initial probationary
period.--If the Secretary determines that any instance
of noncompliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection (c)(2)
that were identified in the latest periodic evaluation
has not been remedied by the end of the initial
probationary period--
``(i) the Secretary may terminate the
country's participation in the program; or
``(ii) on an annual basis, the Secretary
may continue the country's probationary status
if the Secretary, in consultation with the
Secretary of State, determines that the
country's continued participation in the
program is in the national interest of the
United States.
``(4) Actions at the end of additional probationary
periods.--At the end of all probationary periods granted to a
country pursuant to paragraph (3)(B)(ii), the Secretary shall
take one of the following actions:
``(A) Compliance during additional period.--The
Secretary shall end the country's probationary status
if the Secretary determines during the latest periodic
evaluation required by subsection (c)(5)(A) that the
country is in compliance with the program requirements
under subparagraphs (A)(ii) through (F) of subsection
(c)(2).
``(B) Noncompliance during additional periods.--The
Secretary shall terminate the country's participation
in the program if the Secretary determines during the
latest periodic evaluation required by subsection
(c)(5)(A) that the program country continues to be in
non-compliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection (c)(2).
``(5) Effective date.--The termination of a country's
participation in the program under paragraph (3)(B) or (4)(B)
shall take effect on the first day of the first fiscal year
following the fiscal year in which the Secretary determines
that such participation shall be terminated. Until such date,
nationals of the country shall remain eligible for a waiver
under subsection (a).
``(6) Treatment of nationals after termination.--For
purposes of this subsection and subsection (d)--
``(A) nationals of a country whose designation is
terminated under paragraph (3) or (4) shall remain
eligible for a waiver under subsection (a) until the
effective date of such termination; and
``(B) a waiver under this section that is provided
to such a national for a period described in subsection
(a)(1) shall not, by such termination, be deemed to
have been rescinded or otherwise rendered invalid, if
the waiver is granted prior to such termination.
``(7) Consultative role of the secretary of state.--In this
subsection, references to subparagraphs (A)(ii) through (F) of
subsection (c)(2) and subsection (c)(5)(A) carry with them the
consultative role of the Secretary of State as provided in
those provisions.''.
SEC. 5. REVIEW OF OVERSTAY TRACKING METHODOLOGY.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a
review of the methods used by the Secretary of Homeland Security--
(1) to track aliens entering and exiting the United States;
and
(2) to detect any such alien who stays longer than such
alien's period of authorized admission. | Visa Waiver Program Enhanced Security and Reform Act - Amends the Immigration and Nationality Act regarding the visa waiver program to: (1) authorize the Secretary of Homeland Security (DHS) to designate any country as a program country; (2) adjust visa refusal rate criteria, including addition of a 3% maximum overstay rate; and (3) revise probationary and termination provisions. | A bill to amend the Immigration and Nationality Act to modify the requirements of the visa waiver program and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible, Equitable, and Fair
Insurance for Homeowners Act of 2009'' or the ``REFI for Homeowners Act
of 2009''.
SEC. 2. REPLACEMENT OF HOPE FOR HOMEOWNERS PROGRAM WITH PROGRAM FOR
INSURANCE OF HOMEOWNERSHIP RETENTION MORTGAGES.
(a) Replacement of Program.--Title II of the National Housing Act
(12 U.S.C. 1707 et seq.) is amended--
(1) in section 257 (12 U.S.C. 1715z-23), as added by
section 1402(a) of Public Law 110-289--
(A) by striking subsections (a) through (k); and
(B) by striking subsections (n) through (v);
(2) by redesignating section 257 (12 U.S.C. 1715z-24), as
added by section 2124 of Public Law 110-289, as section 259;
and
(3) by inserting before such section 259 (as so
redesignated) the following new section:
``SEC. 258. INSURANCE OF HOMEOWNERSHIP RETENTION MORTGAGES.
``(a) Authority.--The Secretary shall, subject only to the absence
of qualified requests for insurance under this section and to the
limitations under sections 257(m) and 531(a), make commitments to
insure and insure any mortgage covering a 1- to 4-family residence that
is made for the purpose of paying or prepaying outstanding obligations
under an existing mortgage or mortgages on the residence if the
mortgage being insured under this section meets the requirements of
this section, as established by the Secretary. The Secretary shall
establish such mortgage insurance products, and requirements and
standards, in accordance with this section as the Secretary considers
appropriate to carry out this section and shall prescribe such
regulations and provide such guidance as may be necessary or
appropriate to implement such products, requirements, and standards.
``(b) Requirements of Insured Mortgage.--To be eligible for
insurance under this section, a mortgage shall comply with all of the
following requirements:
``(1) Primary residence.--The mortgagor under the mortgage
to be insured under this section shall provide documentation
satisfactory in the determination of the Secretary to prove
that the residence covered by the mortgage to be insured under
this section is occupied by the mortgagor as the primary
residence of the mortgagor, and that such residence is the only
residence in which the mortgagor has any present ownership
interest.
``(2) Troubled homeowner.--The mortgagor under the mortgage
to be insured under this section shall be the mortgagor under
the existing mortgage to be refinanced by the insured mortgage
and shall--
``(A) be in default on the mortgagor's obligations
under the existing mortgage;
``(B) be in danger of defaulting, as determined in
accordance with standards established by the Secretary,
on the mortgagor's obligations under the existing
mortgage; or
``(C) have a remaining principal obligation amount
under such existing mortgage that exceeds, at the time
of the commitment for mortgage insurance under this
section, the appraised value of the property that is
subject to such existing mortgage.
``(3) Prohibition on refinancing liar loans.--The Secretary
may not insure a mortgage under this section if the mortgagor
under such mortgage has knowingly, or willfully and with actual
knowledge, furnished any material information regarding the
income or financial worth of the mortgagor that is known to be
false for the purpose of obtaining the existing mortgage that
is to be refinanced by the mortgage to be insured under this
section.
``(4) Prohibition on refinancing zero-down loans and loans
with equity removed.--The Secretary may not insure a mortgage
under this section if--
``(A) under the existing mortgage to be refinanced,
the mortgagor did not make any payment on account of
the property (or any payment exceeding such nominal
amount as the Secretary may establish), in cash or its
equivalent, in connection with acquisition of the
property; or
``(B) during the term of the existing mortgage to
be refinanced, the mortgagor withdrew all, or
substantially all (in accordance with such standards
and guidelines as the Secretary shall establish) of any
equity of the mortgagor in the property subject to such
existing mortgage.
``(5) Terms.--The mortgage to be insured under this section
shall have such terms and conditions as the Secretary shall
provide, except that such mortgage shall--
``(A) have a term to maturity not exceeding 40
years; and
``(B) bear interest at an annual rate that is fixed
for the entire term of the mortgage.
``(6) Required waiver of prepayment penalties and fees.--
All penalties for prepayment or refinancing of the existing
mortgage, and all fees and penalties related to default or
delinquency on the existing mortgage, shall be waived or
forgiven.
``(7) Shared appreciation.--The Secretary shall provide
that, with respect to each mortgage insured under this section,
upon any sale or disposition of the property subject to such
mortgage occurring during the 5-year period beginning on the
date of the insurance of the mortgage, to the extent of any
principal write- down or interest rate subsidy provided in
connection with the mortgage, the Secretary and the mortgagee
shall be entitled to a percentage of any appreciation in value
of such property that has occurred since the date that such
mortgage was insured under this section, which percentage shall
decrease over time, and the mortgagor shall be entitled to the
remainder of any such appreciation.
``(8) Maximum loan amount.--The principal obligation amount
of the mortgage to be insured under this section shall not
exceed the applicable dollar amount limitation in effect under
section 305(a)(2) of the Federal Home Loan Mortgage Corporation
(12 U.S.C. 1452(a)(2)) for a property of the applicable size
for the area in which the property is located.
``(9) Term; interest rate.--The refinanced eligible
mortgage to be insured shall--
``(A) bear interest at a single rate that is fixed
for the entire term of the mortgage; and
``(B) have a maturity of not less than 30 years
from the date of the beginning of amortization of such
refinanced eligible mortgage.
``(c) Exit Fee.--The Secretary may establish a fee, charge, or
other mechanism for recovering, upon sale or other disposition of the
property that is subject to the mortgage insured under this section or
upon the subsequent refinancing of the mortgage, a portion of the
equity or appreciation in the property.
``(d) GNMA Pricing.--In order to facilitate favorable pricing for
loans insured under this section, the Board of Governors of the Federal
Reserve System, the Secretary of the Treasury, the Federal National
Mortgage Association, and the Federal Home Loan Mortgage Corporation
are authorized to purchase mortgage-backed securities guaranteed by the
Government National Mortgage Association that are backed by loans
originated under this section or whole loans originated and purchased
under this section. The Government National Mortgage Association is
authorized to hold, sell, and securitize whole loans originated under
this section.
``(e) Sunset.--The Secretary may not enter into any new commitment
to insure any refinanced eligible mortgage, or newly insure any
refinanced eligible mortgage pursuant to this section after the
expiration of the 3-year period beginning upon the date of the
enactment of this section.''.
(b) Use of Aggregate Insurance Authority and Funds Under HOPE for
Homeowners Program.--Section 257 of the National Housing Act (12 U.S.C.
1715z-24), as added by section 1402(a) of Public Law 110-289), is
amended--
(1) in subsection (l)(1), by striking ``this section'' and
inserting ``section 258'';
(2) in subsection (m), by striking ``this section'' and
inserting ``section 258'';
(3) in subsection (w)--
(A) in paragraphs (1) and (3), by striking ``HOPE
for Homeowners Program'' each place such term appears
and inserting ``mortgage insurance program under
section 258''; and
(B) in paragraph (4) by striking ``HOPE for
Homeowners Program in accordance with subsections (i)
and (k)'' and inserting ``mortgage insurance program
under section 258'';
(4) by redesignating subsections (l), (m), and (w) as
subsections (a), (b), and (c), respectively; and
(5) by striking the section heading and inserting the
following: ``hope fund and hope bonds.''
(c) Reducing TARP Funds to Offset Costs of Program.--Paragraph (3)
of section 115(a) of the Emergency Economic Stabilization Act of 2008
(12 U.S.C. 5225) is amended by inserting ``, as such amount is reduced
by $1,000,000,000,'' after ``$700,000,000,000''. | Responsible, Equitable, and Fair Insurance for Homeowners Act of 2009 or the REFI for Homeowners Act of 2009 - Amends the National Housing Act to direct the Secretary of Housing and Urban Development (HUD) to insure any mortgage covering a troubled homeowner's one- to four-family primary residence that is made to pay or prepay (refinance) outstanding obligations under an existing mortgage or mortgages meeting specified requirements.
Prohibits the refinancing of liar loans, zero-down loans, or loans with equity removed.
Authorizes the Board of Governors of the Federal Reserve System, the Secretary of the Treasury, the Federal National Mortgage Association (Fannie Mae), and the Federal Home Loan Mortgage Corporation (Freddie Mac) to purchase mortgage-backed securities guaranteed by the Government National Mortgage Association (GNMA [Ginnie Mae]) that are either backed by loans originated under this Act, or whole loans originated and purchased under this Act. Authorizes GNMA to hold, sell, and securitize such whole loans.
Amends the Emergency Economic Stabilization Act of 2008 (EESA) to reduce Troubled Asset Relief Program (TARP) funds to offset costs of this Program. | To replace the HOPE for Homeowners Program with a new program developed and implemented by the Secretary of Housing and Urban Development. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vaccine Safety Study Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Securing the health of the Nation's children is our
most important concern as parents and stewards of the Nation's
future.
(2) The Nation's vaccine program has greatly reduced human
suffering from infectious disease by preventing and reducing
the outbreak of vaccine-preventable diseases.
(3) Total health outcomes are the best measure of the
success of any public health effort, including security from
both chronic and infectious disease.
(4) Childhood immunizations are an important tool in
protecting children from infectious disease.
(5) The number of immunizations administered to infants,
pregnant women, children, teenagers, and adults has grown
dramatically over recent years.
(6) The incidence of chronic, unexplained diseases such as
autism, learning disabilities, and other neurological disorders
appears to have increased dramatically in recent years.
(7) Individual vaccines are tested for safety, but little
safety testing has been conducted for interaction effects of
multiple vaccines.
(8) The strategy of aggressive, early childhood
immunization against a large number of infectious diseases has
never been tested in its entirety against alternative
strategies, either for safety or for total health outcomes.
(9) Childhood immunizations are the only health
interventions that are required by States of all citizens in
order to participate in civic society.
(10) Public confidence in the management of public health
can only be maintained if these State government-mandated, mass
vaccination programs--
(A) are tested rigorously and in their entirety
against all reasonable safety concerns; and
(B) are verified in their entirety to produce
superior health outcomes.
(11) There are numerous United States populations in which
a practice of no vaccination is followed and which therefore
provide a natural comparison group for comparing total health
outcomes.
(12) No comparative study of such health outcomes has ever
been conducted.
(13) Given rising concern over the high rates of childhood
neurodevelopmental disorders such as autism and other chronic
conditions, the need for such studies is becoming urgent.
SEC. 3. STUDY ON HEALTH OUTCOMES IN VACCINATED AND UNVACCINATED
AMERICAN POPULATIONS.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary''), acting through the Director
of the National Institutes of Health, shall conduct or support a
comprehensive study--
(1) to compare total health outcomes, including the
incidence and risk of autism, in vaccinated populations in the
United States with such outcomes in unvaccinated populations in
the United States; and
(2) to determine whether exposure to vaccines or vaccine
components is associated with autism spectrum disorders,
chronic conditions, or other neurological conditions.
(b) Rule of Construction.--Nothing in this Act shall be construed
to authorize the conduct or support of any study in which an individual
or population is encouraged or incentivized to remain unvaccinated.
(c) Qualifications.--With respect to each investigator carrying out
the study under this section, the Secretary shall ensure that the
investigator--
(1) is objective;
(2) is qualified to carry out such study, as evidenced by
training experiences and demonstrated skill;
(3) is not currently employed by any Federal, State, or
local public health agency;
(4) is not currently a member of a board, committee, or
other entity responsible for formulating immunization policy on
behalf of any Federal, State, or local public health agency or
any component thereof;
(5) has no history of a strong position on the thimerosal
or vaccine safety controversy; and
(6) is not currently an employee of, or otherwise directly
or indirectly receiving funds from, a pharmaceutical company or
the Centers for Disease Control.
(d) Target Populations.--The Secretary shall seek to include in the
study under this section populations in the United States that have
traditionally remained unvaccinated for religious or other reasons,
which populations may include Old Order Amish, members of clinical
practices (such as the Homefirst practice in Chicago) who choose
alternative medical practices, practitioners of anthroposophic
lifestyles, and others who have chosen not to be vaccinated.
(e) Timing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall issue a request for
proposals to conduct the study required by this section. Not later than
120 days after receipt of any such proposal, the Secretary shall
approve or disapprove the proposal. If the Secretary disapproves the
proposal, the Secretary shall provide the applicant involved with a
written explanation of the reasons for the disapproval.
(f) Transparency.--To facilitate further research by the Secretary
or others, the Secretary shall ensure the preservation of all data,
including all data sets, collected or used for purposes of the study
under this section. | Vaccine Safety Study Act - Requires the Secretary of Health and Human Services (HHS), acting through the Director of the National Institutes of Health (NIH), to conduct a comprehensive study to: (1) compare total health outcomes, including the incidence and risk of autism, between vaccinated and unvaccinated U.S. populations; and (2) determine whether exposure to vaccines or vaccine components is associated with autism spectrum disorders, chronic conditions, or other neurological conditions. Requires the Secretary to seek to include in the study U.S. populations that have traditionally remained unvaccinated for religious or other reasons. Directs the Secretary to ensure the preservation of all data, including all data sets, collected or used for purposes of the study to facilitate further research by the Secretary or others. Declares that nothing in this Act shall be construed to authorize the conduct or support of any study in which an individual or population is encouraged or incentivized to remain unvaccinated. | Vaccine Safety Study Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consortia-Led Energy Advancement
Networks Act'' or the ``CLEAN Act''.
SEC. 2. CLEAN ENERGY CONSORTIA.
(a) Purpose.--The Secretary shall carry out a program to establish
Clean Energy Consortia to enhance the Nation's economic, environmental,
and energy security by promoting commercial application of clean energy
technology and ensuring that the United States maintains a
technological lead in the development and commercial application of
state-of-the-art energy technologies. To achieve these purposes the
program shall leverage the expertise and resources of the university
and private research communities, industry, venture capital, national
laboratories, and other participants in energy innovation to support
collaborative, cross-disciplinary research and development in areas not
being served by the private sector in order to develop and accelerate
the commercial application of innovative clean energy technologies.
(b) Definitions.--For purposes of this section:
(1) Clean energy technology.--The term ``clean energy
technology'' means a technology that--
(A) produces energy from solar, wind, geothermal,
biomass, tidal, wave, ocean, and other renewable energy
resources (as such term is defined in section 610 of
the Public Utility Regulatory Policies Act of 1978);
(B) more efficiently transmits, distributes, or
stores energy;
(C) enhances energy efficiency for buildings and
industry, including combined heat and power;
(D) enables the development of a Smart Grid (as
described in section 1301 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17381)), including
integration of renewable energy resources and
distributed generation, demand response, demand side
management, and systems analysis;
(E) produces an advanced or sustainable material
with energy or energy efficiency applications;
(F) improves energy efficiency for transportation,
including electric vehicles; or
(G) enhances water security through improved water
management, conservation, distribution, and end use
applications.
(2) Cluster.--The term ``cluster'' means a network of
entities directly involved in the research, development,
finance, and commercial application of clean energy
technologies whose geographic proximity facilitates utilization
and sharing of skilled human resources, infrastructure,
research facilities, educational and training institutions,
venture capital, and input suppliers.
(3) Consortium.--The term ``Consortium'' means a Clean
Energy Consortium established in accordance with this section.
(4) Project.--The term ``project'' means an activity with
respect to which a Consortium provides support under subsection
(e).
(5) Qualifying entity.--The term ``qualifying entity''
means each of the following:
(A) A research university.
(B) A State or Federal institution with a focus on
the advancement of clean energy technologies.
(C) A nongovernmental organization with research or
technology transfer expertise in clean energy
technology development.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Technology development focus.--The term ``technology
development focus'' means the unique clean energy technology or
technologies in which a Consortium specializes.
(8) Translational research.--The term ``translational
research'' means coordination of basic or applied research with
technical applications to enable promising discoveries or
inventions to achieve commercial application of energy
technology.
(c) Role of the Secretary.--The Secretary shall--
(1) have ultimate responsibility for, and oversight of, all
aspects of the program under this section;
(2) select recipients of grants for the establishment and
operation of Consortia through a competitive selection process;
(3) coordinate the innovation activities of Consortia with
those occurring through other Department of Energy entities,
including the National Laboratories, the Advanced Research
Projects Agency--Energy, Energy Innovation Hubs, and Energy
Frontier Research Collaborations, and within industry,
including by annually--
(A) issuing guidance regarding national energy
research and development priorities and strategic
objectives; and
(B) convening a conference of staff of the
Department of Energy and representatives from such
other entities to share research results, program
plans, and opportunities for collaboration.
(d) Entities Eligible for Support.--A consortium shall be eligible
to receive support under this section if--
(1) it is composed of--
(A) 2 research universities with a combined annual
research budget of $500,000,000; and
(B) 1 or more additional qualifying entities;
(2) its members have established a binding agreement that
documents--
(A) the structure of the partnership agreement;
(B) a governance and management structure to enable
cost-effective implementation of the program;
(C) a conflicts of interest policy consistent with
subsection (e)(1)(B);
(D) an accounting structure that meets the
requirements of the Department of Energy and can be
audited under subsection (f)(4); and
(E) that it has an External Advisory Committee
consistent with subsection (e)(3);
(3) it receives funding from States, consortium
participants, or other non-Federal sources, to be used to
support project awards pursuant to subsection (e);
(4) it is part of an existing cluster or demonstrates high
potential to develop a new cluster; and
(5) it operates as a nonprofit organization.
(e) Clean Energy Consortia.--
(1) Role.--A Consortium shall support translational
research activities leading to commercial application of clean
energy technologies, in accordance with the purposes of this
section, through issuance of awards to projects managed by
qualifying entities and other entities meeting the Consortium's
project criteria. Each Consortium shall--
(A) develop and make available to the public
through the Department of Energy's Web site proposed
plans, programs, project selection criteria, and terms
for individual project awards under this subsection;
(B) establish conflict of interest procedures,
consistent with those of the Department of Energy, to
ensure that employees and designees for Consortium
activities who are in decisionmaking capacities
disclose all material conflicts of interest, including
financial, organizational, and personal conflicts of
interest;
(C) establish policies--
(i) to prevent resources provided to the
Consortium from being used to displace private
sector investment otherwise likely to occur,
including investment from private sector
entities that are members of the Consortium;
(ii) to facilitate the participation of
private entities that invest in clean energy
technologies to perform due diligence on award
proposals, to participate in the award review
process, and to provide guidance to projects
supported by the Consortium; and
(iii) to facilitate the participation of
parties with a demonstrated history of
commercial application of clean energy
technologies in the development of Consortium
projects;
(D) oversee project solicitations, review proposed
projects, and select projects for awards; and
(E) monitor project implementation.
(2) Distribution of awards.--Consortia, with prior approval
of the Secretary, shall distribute awards under this subsection
to support clean energy technology projects conducting
translational research, provided that at least 50 percent of
such support shall be provided to projects related to a
Consortium's clean energy technology development focus. Upon
approval by the Secretary, all remaining funds shall be
available to support any clean energy technology projects
conducting translational research.
(3) External advisory committee.--
(A) In general.--Each Consortium shall establish an
External Advisory Committee, the members of which shall
have extensive and relevant scientific, technical,
industry, financial, or research management expertise.
The External Advisory Committee shall review the
Consortium's proposed plans, programs, project
selection criteria, and projects and shall ensure that
projects selected for awards meet the conflict of
interest policies of the Consortium. External Advisory
Committee members other than those representing
Consortium members shall serve for no more than 3
years. All External Advisory Committee members shall
comply with the Consortium's conflict of interest
policies and procedures.
(B) Members.--The External Advisory Committee shall
consist of--
(i) 5 members selected by the Consortium's
research universities;
(ii) 2 members selected by the Consortium's
other qualifying entities;
(iii) 2 members selected at large by other
External Advisory Committee members to
represent the entrepreneur and venture capital
communities; and
(iv) 1 member appointed by the Secretary.
(4) Conflict of interest.--The Secretary may disqualify an
application or revoke funds distributed to a Consortium if the
Secretary discovers a failure to comply with conflict of
interest procedures established under paragraph (1)(B).
(f) Grants.--
(1) In general.--The Secretary shall make grants under this
section in accordance with section 989 of the Energy Policy Act
of 2005 (42 U.S.C. 16353). The Secretary shall award grants, on
a competitive basis, to 6 regional Consortia, each for an
initial period not to exceed 5 years. The Secretary may extend
the term of such award by up to 5 additional years, and a
Consortium may compete to receive an increase in funding that
it shall receive during any such extension. A Consortium shall
be eligible to compete for a new award after the expiration of
the term of any award, including any extension of such term,
under this subsection.
(2) Amount.--Grants under this subsection shall be in an
aggregate amount not greater than $120,000,000 per fiscal year.
(3) Use.--Grants distributed under this section shall be
used exclusively to support project awards pursuant to
subsection (e)(1) and (2), provided that a Consortium may use
not more than 10 percent of the amount of its grant for its
administrative expenses related to making such awards. Grants
made under this section shall not be used for construction of
new buildings or facilities, and construction of new buildings
or facilities shall not be considered as part of the non-
Federal share of a cost sharing agreement under this section.
(4) Audit.--Consortia shall conduct, in accordance with
such requirements as the Secretary may prescribe, annual audits
to determine the extent to which grants distributed to
Consortia under this subsection, and awards under subsection
(e), have been utilized in a manner consistent with this
section. Auditors shall transmit a report of the results of
each audit to the Secretary and to the Government
Accountability Office. The Secretary shall include such reports
in an annual report to Congress, along with a plan to remedy
any deficiencies cited in the reports. The Government
Accountability Office may review such audits as appropriate and
shall have full access to the books, records, and personnel of
Consortia to ensure that grants distributed to Consortia under
this subsection, and awards made under subsection (e), have
been utilized in a manner consistent with this section.
(5) Revocation of awards.--The Secretary shall have
authority to review awards made under this subsection and to
revoke such awards if the Secretary determines that a
Consortium has used the award in a manner not consistent with
the requirements of this section. | Consortia-Led Energy Advancement Networks Act or the CLEAN Act - Requires the Secretary of Energy (DOE) to carry out a program to establish Clean Energy Consortia to enhance the nation's economic, environmental, and energy security by promoting commercial application of clean energy technology and ensuring that the United States maintains a technological lead in the development and commercial application of state-of-the-art energy technologies.
Defines "clean energy technology" to mean a technology that: (1) produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, and other renewable energy resources (as defined by the Public Utility Regulatory Policies Act of 1978); (2) more efficiently transmits, distributes, or stores energy; (3) enhances energy efficiency for buildings and industry; (4) enables the development of a Smart Grid (as defined by the Energy Independence and Security Act of 2007); (5) produces an advanced or sustainable material with energy or energy efficiency applications; (6) improves energy efficiency for transportation; or (7) enhances water security through improved water management, conservation, distribution, and end use applications.
Requires such Consortia, with prior approval of the Secretary, to distribute awards to support clean energy technology projects conducting translational research. Defines "translational research" as coordination of research with technical applications to enable discoveries or inventions to achieve commercial application of energy technology. Requires at least 50% of such support to be provided to projects related to such Consortium's clean energy technology development focus.
Requires each Consortium to establish an External Advisory Committee to review the Consortium's proposed plans, programs, project selection, and projects.
Requires the Secretary to award grants to six regional Consortia, each for an initial period not to exceed five years for such clean energy technology projects. Authorizes the Secretary to extend such award term by up to five additional years. Prohibits grants from being used for construction of new buildings or facilities. | To provide for the establishment of Clean Energy Consortia to enhance the Nation's economic, environmental, and energy security by promoting commercial application of clean energy technology. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Student and Scholar
Access Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has a strategic need to improve its
student visa screening process to protect against terrorists
who would abuse the system to harm the United States.
(2) At the same time, openness to international students
and exchange visitors serves longstanding and important United
States foreign policy, educational, and economic interests, and
the erosion of such exchanges is contrary to United States
national security interests.
(3) Educating successive generations of future world
leaders in the United States has long been an important
underpinning of United States international influence and
leadership.
(4) Open scientific exchange, which enables the United
States to benefit from the knowledge of the world's top
scientists, has long been an important underpinning of United
States scientific leadership.
(5) The United States has seen a dramatic increase in
requests for Visa Mantis checks designed to protect against
illegal transfers of sensitive technology, from 1,000 in fiscal
year 2000 to 20,000 in fiscal year 2003.
(6) Delays in issuing Visa Mantis security clearances have
discouraged some international scholars from coming to the
United States.
(7) International students and their families studying in
the United States contribute close to $12,000,000,000 to the
United States economy each year, making higher education a
major service sector export.
(8) Delays in obtaining student visas have discouraged many
international students from studying in the United States.
(9) Total international applications to graduate schools in
the United States for fall 2004 declined 32 percent from fall
2003.
(10) The number of international students enrolled in the
United States, which in raw numbers consistently increased over
time and grew by 6 percent during both the 2000-2001 and 2001-
2002 school years, leveled off dramatically during the 2002-
2003 school year to an increase of only .6 percent.
(11) Concerns related to the anticipated international
student monitoring system known as ``SEVIS'' have contributed
to the decline in the number of foreign applicants to
educational institutions in the United States.
(12) The United States requires a visa system for exchange
programs that maximizes United States national security.
(13) The United States requires a comprehensive strategy
for recruiting international students as well as enhancing the
access of international students to higher education in the
United States.
TITLE I--NATIONAL STRATEGY FOR ENHANCING INTERNATIONAL STUDENT ACCESS
TO THE UNITED STATES
SEC. 101. STRATEGIC PLAN.
Not later than 180 days after the date of enactment of this Act,
the President, in consultation with United States higher education
institutions, organizations that participate in international exchange
programs, and other appropriate groups, shall submit to the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives a strategic plan for
enhancing international student access to the United States for study
and exchange activities that includes:
(1) A marketing plan to makes use of Internet and other
media resources to promote and facilitate study in the United
States by international students.
(2) A clear division of responsibility that eliminates
duplication and promotes inter-agency cooperation with regard
to the roles of the Departments of State, Commerce, Education,
and Homeland Security in promoting and facilitating access
to the United States for international student and exchange visitors.
(3) A mechanism for institutionalized coordination of the
efforts of Departments of State, Commerce, Education, and
Homeland Security in facilitating access to the United States
for international student and exchange visitors.
(4) An effective mandate and strategic plan for use of the
overseas educational advising centers of the Department of
State to promote study in the United States and to prescreen
visa applicants.
(5) Well-defined lines of authority and responsibility for
international students in the Department of Commerce.
(6) A clear mandate related to international student access
for the Department of Education.
(7) Streamlined procedures within the Department of
Homeland Security related to international student and exchange
visitors.
SEC. 102. ANNUAL REPORTS TO CONGRESS.
(a) In General.--The President, acting through the Secretary of
State and in consultation with the Secretary of Education, Secretary of
Commerce, and Secretary of Homeland Security shall submit an annual
report on the implementation of the national strategy developed in
accordance with section 101 to Congress that would describe the
following:
(1) Measures undertaken to enhance international student
access to the United States and improve inter-agency
coordination with regard to international students and exchange
visitors as provided in section 101.
(2) Measures taken to implement section 202.
(3) The number of student and exchange visitors who apply
for visas from the United States, and the number whose visas
are approved.
(4) The average processing time for student and
international visitor visas.
(5) The number of student and international visitor visas
requiring inter-agency review.
(6) The number of student and international visitor visas
approved after submission of the visa applications during each
of the following durations:
(A) Less than 15 days.
(B) 15-30 days.
(C) 31-45 days.
(D) 46-60 days.
(E) 61-90 days.
(F) More than 90 days.
(b) Submission of Report.--Not later than May 30 of 2005, and
annually thereafter through 2008, the President shall submit to
Congress the report described in subsection (a).
SEC. 103. REFORMING SEVIS FEE PROCESS.
(a) Reduced Fee for Short-Term Study.--Section 641(e)(4)(A) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1372(e)(4)(A)) is amended in the second sentence, by inserting
before the period the following: ``or the admission of an alien under
section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(F)) for a program that does not exceed 90 days''.
(b) Improving Fee Collection.--Not later than 60 days after the
date of enactment of this Act, the Secretary of Homeland Security and
the Secretary of State shall jointly submit to the Committee on Foreign
Relations and the Committee on the Judiciary of the Senate and the
Committee on International Relations and the Committee on the Judiciary
of the House of Representatives a report on the feasibility of
collecting the fee required by section 641(e) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372(e))--
(1) in local currency at local financial institutions under
procedures established by the Secretary of State; and
(2) by universities as part of a student's tuition and
fees.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of State,
Department of Education, Department of Homeland Security, and
Department of Commerce such sums as may be necessary to carry out the
activities described in section 101.
TITLE II--IMPROVING THE VISA PROCESS
SEC. 201. SENSE OF CONGRESS; PURPOSE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) improvements in visa processing would enhance the
national security of the United States by--
(A) permitting closer scrutiny of visa applicants
who might pose risks; and
(B) permitting the timely adjudication of visa
applications of those whose presence in the United
States serves important national interests; and
(2) improvements must include--
(A) an operational visa policy that articulates the
national interest of the United States in denying entry
to visitors who seek to harm the United States and in
opening entry to legitimate visitors, to guide consular
officers in achieving the appropriate balance;
(B) a greater focus by the visa system on visitors
who require special screening, while minimizing delays
for legitimate visitors;
(C) a timely, transparent, and predictable visa
process, through appropriate guidelines for inter-
agency review of visa applications; and
(D) a provision of the necessary resources to fund
a visa processing system that meets the requirements of
this title.
(b) Purpose.--It is the purpose of this title to specify the
improvements described in subsection (a).
SEC. 202. VISA PROCESSING GUIDANCE.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of State--
(1) shall issue appropriate guidance to consular officers
in order to--
(A) give consulates appropriate discretion to grant
waivers of personal appearance in order to minimize
delays for legitimate travelers while permitting more thorough
interviews of visa applicants in appropriate cases;
(B) give consulates appropriate discretion to allow
security clearances under the Visas Mantis system to be
valid for the duration of status or program, in order
to avoid repetitive reviews of those visitors who leave
the United States temporarily; and
(C) establish a presumption of visa approval for
frequent visitors who have previously been granted
visas for the same purpose and who have no status
violations; and
(2) in consultation with the Director of the Office of
Science and Technology Policy and appropriate representatives
of the United States scientific community, shall issue
appropriate guidance to consular officers in order to refine
controls on the entry of visitors who propose to engage in
study or research in advanced science and technology in order
to ensure that only cases of concern, and not nonsensitive
cases, are subjected to special review.
(b) Timeliness Standards.--Not later than 60 days after the date of
enactment of this Act, the President shall institute guidelines for
inter-agency review of visa applications requiring security clearances
which establish the following standards for timeliness in international
student and visitor visas:
(1) Establish a 15-day standard for responses to the
Department of State by other agencies involved in the clearance
process.
(2) Establish a 30-day standard for completing the entire
inter-agency review and advising the consulate of the result of
the review.
(3) Provide for expedited processing of any visa
application with respect to which a review is not completed
within 30 days, and for advising the consulate of the delay and
the estimated processing time remaining.
(4) Require the establishment of a process by which the
applicant, or the program to which the applicant seeks access,
can inquire about the application's status and the estimated
processing time remaining.
(5) Establish a special review process to resolve any cases
whose resolution is still pending after 60 days.
SEC. 203. INTEROPERABLE DATA SYSTEMS AT THE FBI.
(a) Responsibilities of the FBI Director.--The Director of the
Federal Bureau of Investigation shall take the steps necessary to
ensure that--
(1) the Federal Bureau of Investigation's databases and
systems used in the National Name Check Program are
interoperable with the requisite databases and systems at the
Department of State;
(2) the files of the Federal Bureau of Investigation are
automated and a common database is set up between the field
offices and headquarters of the Federal Bureau of
Investigation; and
(3) the Federal Bureau of Investigation has full
connectivity to the Consular Consolidated Database through the
Open Source Information System.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Director of the Federal Bureau of Investigation shall
report to the Committees on the Judiciary of the Senate and the House
of Representatives on progress in implementing subsection (a).
SEC. 204. SETTING REALISTIC STANDARDS FOR VISA EVALUATIONS.
(a) In General.--Section 101(a)(15)(F)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended--
(1) by striking ``having a residence in a foreign country
which he has no intention of abandoning'' and inserting
``having the intention, capability, and sufficient financial
resources to complete a course of study in the United States'';
and
(2) by striking ``and solely'' after ``temporarily''.
(b) Technical and Conforming Amendment.--Section 214(b) of the
Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by
striking ``subparagraph (L) or'' and inserting ``subparagraph (F), (J),
(L), or''.
SEC. 205. REPORT.
Not later than 180 days after the date of enactment of this Act,
the Secretary of State shall report to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives on--
(1) the feasibility of expediting visa processing for
participants in official exchange programs, and for students,
scholars, and exchange visitors through prescreening of
applicants by sending countries, sending universities, State
Department overseas educational advising centers, or other
appropriate entities;
(2) the feasibility of developing abilities to collect
biometric data without requiring a visit to the Embassy by the
visa applicant; and
(3) the implementation of the guidance described in
subsections (a) and (b) of section 202, including the training
of consular officers, and the effect of this guidance and
training on visa processing volume and timeliness.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out to carry out this Act for the consular affairs
function of the Department of State, the visa application review
function of the Department of Homeland Security, and for database
improvements in the Federal Bureau of Investigations as specified in
section 203. | International Student and Scholar Access Act of 2004 - Directs the President to submit to specified congressional committees a strategic plan for enhancing international student access to the United States for study and exchange activities.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to provide for reduced fees in cases of short-term study, under the Student and Exchange Visitor Information System (SEVIS). Directs the Secretaries of State and of Homeland Security to report on improving SEVIS fee collection.
Expresses the sense of Congress on improving the visa process. Directs the Secretary of State to issue certain guidance on visa processing.
Requires the Director of the Federal Bureau of Investigation (FBI) to ensure that: (1) FBI databases and systems used in the National Name Check Program are interoperable with the requisite databases and systems at the Department of State; (2) FBI files are automated and a common database is set up between FBI field offices and headquarters; and (3) the FBI has full connectivity to the Consular Consolidated Database through the Open Source Information System.
Amends the Immigration and Nationality Act to revise standards for visa evaluations for those having the intention, capability, and financial resources to complete a course of study in the United States. | A bill to improve access to graduate schools in the United States for international students and scholars. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids Wish II Act''.
SEC. 2. DEFINITIONS.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) is amended--
(1) in paragraph (9)(C) by inserting ``child care,'' after
``educational,'';
(2) in paragraph (10)(A) by inserting ``child care,'' after
``educational,''; and
(3) by adding at the end the following:
``(11) Children.--The term `children' means individuals who
are 18 years of age or younger.
``(12) Emergency child care.--The term `emergency child
care' means supervision, recreation, and other services offered
by a State or local government (or a child care provider
regulated by a State) for the purpose of providing nonparental
care for children in the event of a major disaster or
emergency.''.
SEC. 3. ELIGIBILITY OF FOR-PROFIT CHILD CARE FACILITIES FOR DISASTER
ASSISTANCE.
Title I of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) is amended by adding at the end
the following:
``SEC. 103. FOR-PROFIT CHILD CARE FACILITIES.
``Notwithstanding any other provision of this Act, a private for-
profit child care facility shall be eligible for assistance under this
Act to the same extent as a private nonprofit child care facility.''.
SEC. 4. DISASTER PLANNING.
Title III of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end
the following:
``SEC. 327. DISASTER PLANNING TO ADDRESS NEEDS OF CHILDREN AND
FAMILIES.
``(a) State and Local Disaster Planning.--
``(1) In general.--The President shall encourage States and
localities to include consideration of services and facilities
for children within all phases of their disaster planning,
training, and exercises.
``(2) Services and facilities for children defined.--In
this subsection, the term `services and facilities for
children' includes--
``(A) health and mental health services and
facilities for children;
``(B) school services and facilities;
``(C) child care services and facilities;
``(D) services and facilities associated with early
education programs, including the Head Start program;
``(E) juvenile corrections, detention, and court
services and facilities;
``(F) child welfare services and facilities; and
``(G) residential care services and facilities for
children, including residential treatment centers and
group homes.
``(b) National Disaster Planning.--The President shall take such
actions as may be necessary to include the provision of services and
facilities for children within national planning activities, including
the National Response Framework and the National Disaster Recovery
Framework.
``(c) Specific Measurable Capabilities of Disaster Plans.--The
President shall ensure, to the maximum extent practicable, that
disaster plans for services and facilities for children, at a minimum,
incorporate specific measurable capabilities for shelter-in-place,
evacuation, relocation, family reunification, temporary operating
standards, and accommodation of children with disabilities and chronic
health needs and other special needs child populations.''.
SEC. 5. DISASTER ASSISTANCE FOR CHILD CARE SERVICES AND FACILITIES.
(a) Essential Assistance.--Section 403(a)(3) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170b(a)(3)) is amended--
(1) in subparagraph (D) by inserting ``, child care,''
after ``schools'';
(2) by striking ``and'' at the end of subparagraph (I);
(3) by striking the period at the end of subparagraph (J)
and inserting ``; and''; and
(4) by adding at the end the following:
``(K) provision of emergency child care and
assistance to families for child placement in emergency
child care.''.
(b) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(a)(3)(B) of such Act (42 U.S.C. 5172(a)(3)(B)) is amended
by inserting ``child care,'' after ``education,''.
(c) Federal Assistance to Individuals and Households.--Section
408(e)(2) of such Act (42 U.S.C. 5174(e)(2)) is amended--
(1) in the paragraph heading by inserting ``child care,''
after ``transportation,''; and
(2) by inserting ``child care,'' after ``transportation,''.
SEC. 6. CASE MANAGEMENT SERVICES.
Section 426 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5189d) is amended--
(1) by inserting ``(a) In General.--'' before ``The
President''; and
(2) by adding at the end the following:
``(b) Program Requirements.--
``(1) Emphasis on children and families.--In carrying out
this section, the President shall establish a single Federal
disaster case management program with an emphasis on achieving
tangible, positive outcomes for all children and families who
are victims of a major disaster.
``(2) Components.--The program shall--
``(A) adequately address the physical health,
mental health, nutrition, education, housing,
transportation, and other human services needs of
children and families who are victims of a major
disaster;
``(B) provide for the involvement of nonprofit
agencies that provide disaster case management
services;
``(C) provide access to funding that supports all
aspects of disaster case management, including direct
services to survivors;
``(D) provide for a single point of contact for
disaster assistance applicants who need a wide variety
of services that may be provided by many different
organizations; and
``(E) provide funding to support case manager
training.''.
SEC. 7. ASSISTANCE TO MEET NEEDS OF CHILDREN AND FAMILIES.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended--
(1) by redesignating the second section 425, relating to
essential service providers, as section 427; and
(2) by adding at the end the following:
``SEC. 428. ASSISTANCE TO MEET NEEDS OF CHILDREN AND FAMILIES.
``(a) Mass Care Shelters.--
``(1) In general.--The President may provide mass care
shelters for victims of major disasters. Such shelters shall
provide a safe and secure mass care shelter environment for
children, including appropriate access to essential services
and supplies.
``(2) Standards.--In carrying out this subsection, the
President shall--
``(A) develop and implement national standards and
indicators for mass care shelters that are specific and
responsive to children;
``(B) develop a list of essential age-appropriate
shelter supplies for infants and children and fund the
addition of child-specific supplies to caches for
immediate deployment to support shelter operations;
``(C) ensure the implementation of standards and
training to mitigate risks unique to children in
shelters, including child abduction and sex offenders;
and
``(D) ensure all shelter operators have access to a
fast, accurate, and low-cost system for conducting
national fingerprint-based criminal history background
checks for shelter workers and volunteers.
``(b) Housing.--The President--
``(1) shall give priority to families with children in
providing disaster housing assistance under this title; and
``(2) may provide financial and other assistance for
individuals and families who are victims of a major disaster to
ensure an expedited transition into permanent housing,
especially for families with children who have disabilities or
other special health, mental health, or educational needs.
``(c) Evacuation.--The President, in coordination with the heads of
other appropriate Federal agencies, shall develop a standardized,
interoperable national evacuee tracking and family reunification system
that ensures the safety and well-being of children.''.
SEC. 8. DISASTER RELATED INFORMATION SERVICES.
Section 616(a)(2)(B) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196f(a)(2)(B)) is amended by
inserting ``children and'' before ``individuals with disabilities''. | Kids Wish II Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to: (1) include child care facilities among public or private nonprofit facilities covered by such Act; (2) make a private for-profit child care facility eligible for assistance under the Act to the same extent as a private nonprofit child care facility; and (3) include child care within provisions regarding essential services, critical services, and federal assistance to individuals and households to address necessary expenses from a major disaster.
Directs the President to: (1) encourage states and localities to include consideration of services and facilities for children within all phases of their disaster planning, training, and exercises; (2) take necessary actions to include the provision of services and facilities for children within national planning activities; (3) ensure that disaster plans for services and facilities for children incorporate specific measurable capabilities for shelter-in-place, evacuation, relocation, family reunification, temporary operating standards, and accommodation of children with disabilities and chronic health needs and other special needs child populations; and (4) establish a single federal disaster case management program with an emphasis on achieving tangible, positive outcomes for all children and families who are victims of a major disaster.
Authorizes the President to: (1) provide mass care shelters for victims of major disasters, which shall provide a safe and secure mass care shelter environment for children; and (2) provide financial and other assistance for victims of a major disaster to ensure an expedited transition into permanent housing, especially for families with children who have disabilities or other special health, mental health, or educational needs.
Directs the President to: (1) give priority to families with children in providing disaster housing assistance; and (2) develop a standardized, interoperable national evacuee tracking and family reunification system that ensures the safety and well-being of children.
Requires disaster related information to be made available to individuals affected by a major disaster or emergency in formats that can be understood by children. | To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President to take actions to address the needs of children and families who are victims of a major disaster, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Violence Prevention Act of
2002''.
SEC. 2. FAMILY VIOLENCE PREVENTION.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART R--FAMILY VIOLENCE PREVENTION
``SEC. 399AA. DEFINITION.
``In this part the term `family violence' means any act or
threatened act of violence, including any forceful detention of an
individual, that--
``(1) results or threatens to result in physical injury;
and
``(2) is committed by a person against another individual
(including an elderly individual or a child)--
``(A) to whom such person is or was related by
blood or marriage or is otherwise legally related;
``(B) with whom such person is or was lawfully
residing; or
``(C) with whom such person is or has been in a
social relationship of a romantic or intimate nature
where the existence of such a relationship shall be
determined based on a consideration of--
``(i) the length of the relationship;
``(ii) the type of the relationship; and
``(iii) the frequency of interaction
between the individuals involved in the
relationship.
``SEC. 399AA-1. OFFICE OF FAMILY VIOLENCE.
``(a) Establishment.--
``(1) In general.--There is established within the
Department of Health and Human Services an Office of Family
Violence (in this part referred to as the `Office') under the
general authority of the Secretary.
``(2) Separate office.--The Office shall be a separate
office headed by a Director who shall report to the Secretary
through the Assistant Secretary for Health, and who shall also
serve as Counsel to the Secretary.
``(b) Jurisdiction.--The Office shall--
``(1) facilitate coordination between all programs within
the Department of Health and Human Services relating to the
prevention of family violence;
``(2) collaborate with family violence programs (including
child abuse, domestic violence, and elder abuse programs)
administered by other Federal departments or agencies to
develop a Federal family violence prevention Internet website
to provide information--
``(A) to the public concerning the Federal
resources available to combat family violence,
including child abuse, domestic violence, and elder
abuse; and
``(B) concerning ongoing or prospective research
efforts that might be of use to family violence
prevention advocates, researchers, and others; and
``(3) carry out other activities related to family violence
(including child abuse, domestic violence, and elder abuse)
prevention that are determined appropriate by the Secretary.
``(c) Director.--
``(1) Appointment.--The President, by and with the advice
and consent of the Senate, shall appoint a Director for the
Office of Family Violence (in this part referred to as the
`Director') to be responsible for the administration,
coordination, and implementation of the programs and activities
of the Office.
``(2) Other employment.--The Director shall not--
``(A) engage in any employment other than that of
serving as Director; or
``(B) hold any office in, or act in any capacity
for, any organization, agency, or institution with
which the Office makes any contract or other agreement.
``(3) Vacancy.--In the case of a vacancy, the President may
designate an officer or employee who shall act as Director
during the vacancy.
``(4) Compensation.--The Director shall be compensated at a
rate of pay not to exceed the rate payable for level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
``(d) Regulations.--The Director may, after appropriate
consultation with representatives of States and units of local
government, establish such rules, regulations, and procedures as are
necessary to the exercise of the functions of the Office.
``(e) Staff.--The Secretary shall ensure that there is adequate
staff to support the Director in carrying out the responsibilities of
the Director under this part.
``(f) Report.--The Director shall annually report to the
appropriate authorizing and appropriating committees of Congress
concerning the coordination of activities that are being carried out by
all family violence program within the Department of Health and Human
Services.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for fiscal year
2003, and such sums as may be necessary for each of fiscal years 2004
through 2007.
``SEC. 399AA-2. FAMILY VIOLENCE RESEARCH CENTERS.
``(a) Establishment.--The Secretary shall provide for the
establishment of 5 family violence research and education centers to
conduct research and disseminate information, including professional
and public education, concerning family violence.
``(b) Linkages.--In establishing centers under subsection (a), the
Secretary shall ensure that--
``(1) one center is linked to the Centers for Disease
Control and Prevention;
``(2) one center is linked to the National Institute of
Mental Health; and
``(3) each center is linked to national, State, and local
community resources, including domestic violence coalition
shelters, community health centers, health care delivery
systems, and domestic and sexual assault hotlines, through
which information may be distributed.
``(c) General Duties.--Each center established under subsection
(a)--
``(1) shall provide for the conduct of family violence
research, including, in collaboration with the Centers for
Disease Control and Prevention, the administration of annual
national surveys concerning the prevalence and characteristics
of different forms of family violence, including child abuse,
domestic violence, and elder abuse; and
``(2) may provide for the conduct of family violence
research, including--
``(A) research concerning the development,
implementation, evaluation, and dissemination of
appropriate curricula for health professional training
in the area of family violence;
``(B) research concerning the effectiveness of
different educational methodologies that are used to
present the curricula described in subparagraph (A);
``(C) research concerning patterns of health care
utilization by victims of family violence and child
witnesses of family violence, the effects that family
violence has on other health behaviors and the health
status of individuals, families, and populations, and
the health care costs attributable to family violence;
``(D) research concerning the effects of mandatory
family violence reporting requirements, including--
``(i) the effects of such requirements on--
``(I) the prevalence and incidence
of family violence;
``(II) victim and dependent safety
and self-efficacy;
``(III) referral and treatment
patterns; and
``(IV) access to health care,
legal, and advocacy services;
``(ii) the development of mechanisms to
provide resources, consultation, and technical
assistance to State and local governments and
to agencies and non-profit entities that are
concerned with evaluating the effect of
mandatory reporting on the health and safety of
victims and dependents;
``(E) research and testing of best messages and
strategies to mobilize public action concerning the
prevention of family violence;
``(F) research on the relationship between
childhood exposure to domestic violence and child and
adult health and safety outcomes;
``(G) research on effective interventions for
children exposed to violence; and
``(H) research on the effects of family violence on
other health behaviors and health conditions.
``(d) Grants and Contracts.--
``(1) In general.--In carrying out subsection (a), the
Secretary may make grants to and enter into contracts with
public and nonprofit private entities.
``(2) Application for award.--The Secretary may make an
award of a grant or contract under paragraph (1) only if an
application for the award is submitted to the Secretary and the
application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out the purposes
for which the award is to be made.
``(e) Advisory Board.--
``(1) In general.--The Secretary shall establish an
advisory board to make recommendations concerning the research
agenda carried out by the research centers under this section.
``(2) Composition.--
``(A) Appointed members.--The advisory board shall
be composed of 19 members to be appointed by the
Secretary as follows:
``(i) Twelve members shall be appointed
from among individuals who are scientific or
health care experts in the areas of elder
abuse, domestic violence, child abuse, mental
health, epidemiology, social work, or health
education.
``(ii) Seven members shall be appointed
from among nationally recognized experts in
domestic violence, child abuse, and elder abuse
who have a documented history of effective and
respected work in their respective field, of
which--
``(I) at least one member shall be
an expert in domestic violence and
dating violence;
``(II) at least one member shall be
an expert in child abuse;
``(III) at least one member shall
be an expert in elder abuse;
``(IV) at least one member shall be
an expert in the impact of domestic
violence on children and youth; and
``(V) at least one member shall be
an expert in domestic violence against
older or disabled women.
``(B) Ex officio members.--The following shall be
ex-officio members of the advisory board:
``(i) The Assistant Secretary for Health.
``(ii) The Director of the National
Institutes of Health.
``(iii) The Director of the National
Institute for Mental Health.
``(iv) The Director of the Centers for
Disease Control and Prevention.
``(v) The Assistant Secretary for Children
and Families.
``(vi) The Assistant Secretary for Aging.
``(vii) The Administrator of the Health
Resources and Services Administration.
``(viii) The Director of the Substance
Abuse and Mental Health Services
Administration.
``(ix) The Assistant Attorney General for
the Office of Justice Programs.
``(C) Chairperson.--The members of the advisory
board appointed under subparagraph (A) shall elect a
chairperson from among such members.
``(3) Meetings.--The advisory board shall meet at the call
of the chairperson or upon the request of the Secretary, but
not less often than 4 times each year.
``(4) Duties.--In order to ensure the most effective use
and organization of Federal resources concerning family
violence, the advisory board shall provide advice and make
recommendations to Congress and the Secretary with respect to
the implementation and revision of the research agenda of the
research centers established under this section.
``(5) Subcommittees.--In carrying out its functions under
this subsection, the advisory board may establish
subcommittees, convene workshops and conferences, and collect
data. Such subcommittees may be composed of advisory board
members and nonmember consultants with expertise in the
particular area addressed by such subcommittees.
``(6) Reports.--The advisory committee shall annually
report to the appropriate authorizing and appropriations
committees of Congress concerning the research agenda for the
centers established under this section and the progress made in
fulfilling that research agenda.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $25,000,000 for fiscal year
2003, and such sums as may be necessary for each of fiscal years 2004
through 2007.
``SEC. 399AA-3. HEALTH PROFESSIONAL TRAINING GRANTS.
``(a) In General.--The Director of the Office shall award grants to
eligible entities to enable such entities to develop, implement,
evaluate, and disseminate family violence education and training
curricula, programs, and strategies.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be--
``(A) a health care delivery system or health care
training entity, such as an academic health center, a
federally qualified health center, a hospital, and a
community health center; or
``(B) an entity not described in subparagraph (A)
that enters into a collaborative relationship with an
entity described in such subparagraph for purposes of
this section, such as a national or local non-profit
entity with expertise in family violence, a State
coalition for domestic violence, a State coalition for
sexual assault, and a State public health agency;
``(2) demonstrate an ability to maintain the training
systems established with amounts received under the grant after
the expiration of the grant funding and provide an assurance
that such systems will be maintained if determined to be
effective; and
``(3) prepare and submit to the Director at such time, in
such manner, and containing such agreements, assurances, and
information as the Director determines to be necessary to carry
out the purposes for which the grant is to be made.
``(c) Use of Funds.--An entity shall use amounts received under a
grant under this section to--
``(1) conduct evaluations of existing family violence
identification and treatment training programs; and
``(2) develop and implement innovative training models or
programs to identify and appropriately treat and refer victims
of family violence.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $25,000,000 for fiscal year
2003, and such sums as may be necessary for each of fiscal years 2004
through 2007.''. | Family Violence Prevention Act of 2002 - Amends the Public Health Service Act to establish an Office of Family Violence within the Department of Health and Human Services. Directs the Office to coordinate intra-departmental family violence programs and develop a Federal family violence prevention Internet website.Directs the Secretary of Health and Human Services to provide for the establishment of five family violence research and education centers through grants or contracts with public and nonprofit private entities. Requires such centers to: (1) include both professional and public education; and (2) be linked to national, State, and local resources. Requires one center to be linked to the Centers for Disease Control and Prevention and another to the National Institute of Mental Health.Directs the Secretary to establish an advisory board to make recommendations concerning the centers' research agenda.Requires the Director to award grants to eligible entities, including healthcare delivery systems or training entities, to develop and disseminate family violence education and training curricula, programs, and strategies. | To amend the Public Health Service Act to provide services for the prevention of family violence. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renew America's Schools Act of
2017''.
SEC. 2. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE ENERGY
IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
consortium of--
(A) one local educational agency; and
(B) one or more--
(i) schools;
(ii) nonprofit organizations;
(iii) for-profit organizations; or
(iv) community partners that have the
knowledge and capacity to partner and assist
with energy improvements.
(2) Energy improvements.--The term ``energy improvements''
means--
(A) any improvement, repair, or renovation, to a
school that will result in a direct reduction in school
energy costs including but not limited to improvements
to building envelope, air conditioning, ventilation,
heating system, domestic hot water heating, compressed
air systems, distribution systems, lighting, power
systems and controls;
(B) any improvement, repair, renovation, or
installation that leads to an improvement in teacher
and student health including but not limited to indoor
air quality, daylighting, ventilation, electrical
lighting, and acoustics; and
(C) the installation of renewable energy
technologies (such as wind power, photovoltaics, solar
thermal systems, geothermal energy, hydrogen-fueled
systems, biomass-based systems, biofuels, anaerobic
digesters, and hydropower) involved in the improvement,
repair, or renovation to a school.
(b) Authority.--From amounts made available for grants under this
section, the Secretary of Energy shall provide competitive grants to
eligible entities to make energy improvements authorized by this
section.
(c) Priority.--In making grants under this subsection, the
Secretary shall give priority to eligible entities that have
renovation, repair, and improvement funding needs and are--
(1) a high-need local educational agency, as defined in
section 2102 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6602); or
(2) a local educational agency designated with a
metrocentric locale code of 41, 42, or 43 as determined by the
National Center for Education Statistics (NCES), in conjunction
with the Bureau of the Census, using the NCES system for
classifying local educational agencies.
(d) Competitive Criteria.--The competitive criteria used by the
Secretary shall include the following:
(1) The fiscal capacity of the eligible entity to meet the
needs for improvements of school facilities without assistance
under this section, including the ability of the eligible
entity to raise funds through the use of local bonding capacity
and otherwise.
(2) The likelihood that the local educational agency or
eligible entity will maintain, in good condition, any facility
whose improvement is assisted.
(3) The potential energy efficiency and safety benefits
from the proposed energy improvements.
(e) Applications.--To be eligible to receive a grant under this
section, an applicant must submit to the Secretary an application that
includes each of the following:
(1) A needs assessment of the current condition of the
school and facilities that are to receive the energy
improvements.
(2) A draft work plan of what the applicant hopes to
achieve at the school and a description of the energy
improvements to be carried out.
(3) A description of the applicant's capacity to provide
services and comprehensive support to make the energy
improvements.
(4) An assessment of the applicant's expected needs for
operation and maintenance training funds, and a plan for use of
those funds, if any.
(5) An assessment of the expected energy efficiency and
safety benefits of the energy improvements.
(6) A cost estimate of the proposed energy improvements.
(7) An identification of other resources that are available
to carry out the activities for which funds are requested under
this section, including the availability of utility programs
and public benefit funds.
(f) Use of Grant Amounts.--
(1) In general.--The recipient of a grant under this
section shall use the grant amounts only to make the energy
improvements contemplated in the application, subject to the
other provisions of this subsection.
(2) Operation and maintenance training.--The recipient may
use up to 5 percent for operation and maintenance training for
energy efficiency and renewable energy improvements (such as
maintenance staff and teacher training, education, and
preventative maintenance training).
(3) Audit.--The recipient may use funds for a third-party
investigation and analysis for energy improvements (such as
energy audits and existing building commissioning).
(4) Continuing education.--The recipient may use up to 1
percent of the grant amounts to develop a continuing education
curriculum relating to energy improvements.
(g) Contracting Requirements.--
(1) Davis-bacon.--Any laborer or mechanic employed by any
contractor or subcontractor in the performance of work on any
energy improvements funded by a grant under this section shall
be paid wages at rates not less than those prevailing on
similar construction in the locality as determined by the
Secretary of Labor under subchapter IV of chapter 31 of title
40, United States Code (commonly referred to as the Davis-Bacon
Act).
(2) Competition.--Each applicant that receives funds shall
ensure that, if the applicant carries out repair or renovation
through a contract, any such contract process--
(A) ensures the maximum number of qualified
bidders, including small, minority, and women-owned
businesses, through full and open competition; and
(B) gives priority to businesses located in, or
resources common to, the State or the geographical area
in which the project is carried out.
(h) Reporting.--Each recipient of a grant under this section shall
submit to the Secretary, at such time as the Secretary may require, a
report describing the use of such funds for energy improvements, the
estimated cost savings realized by those energy improvements, the
results of any audit, the use of any utility programs and public
benefit funds and the use of performance tracking for energy
improvements (such as the Department of Energy: Energy Star program or
LEED for Existing Buildings).
(i) Best Practices.--The Secretary shall develop and publish
guidelines and best practices for activities carried out under this
section.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2018 through 2023. | Renew America's Schools Act of 2017 This bill requires the Department of Energy to provide competitive grants for making energy improvements in schools. Specifically, grants may be awarded for: any improvement, repair, or renovation to a school that will result in a direct reduction in school energy costs; any improvement, repair, renovation, or installation that leads to an improvement in teacher and student health, such as indoor air quality; and the installation of renewable energy technologies (e.g., wind power) involved in the improvement, repair, or renovation to a school. | Renew America’s Schools Act of 2017 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Total Repeal of
the Unfair Taxes on Healthcare Act of 2012'' or as the ``TRUTH Act of
2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Repeal of excise tax on comprehensive health plans.
Sec. 3. Repeal of surtax on investment income.
Sec. 4. Repeal of disqualification of expenses for over-the-counter
drugs under health flexible spending
arrangements and health savings accounts.
Sec. 5. Repeal of increase in tax on nonqualified distributions from
health savings accounts.
Sec. 6. Repeal of limitation on health flexible spending arrangements
under cafeteria plans.
Sec. 7. Repeal of increased threshold for itemized deduction for
medical expenses.
Sec. 8. Repeal of excise tax on indoor tanning services.
Sec. 9. Repeal of individual health insurance mandate.
Sec. 10. Repeal of employer health insurance mandate.
Sec. 11. Repeal of excise tax on medical devices.
Sec. 12. Repeal of annual fee on branded prescription drug
manufacturers.
Sec. 13. Repeal of annual fee on health insurance providers.
Sec. 14. Repeal of study and report on repealed provisions.
SEC. 2. REPEAL OF EXCISE TAX ON COMPREHENSIVE HEALTH PLANS.
Chapter 43 of the Internal Revenue Code of 1986 is amended by
striking section 4980I (and by striking the item relating to such
section in the table of sections for such chapter).
SEC. 3. REPEAL OF SURTAX ON INVESTMENT INCOME.
(a) In General.--Subtitle A of the Internal Revenue Code of 1986 is
amended by striking chapter 2A and by striking the item relating to
chapter 2A from the table of chapters for such subtitle.
(b) Conforming Amendments.--Section 6654 of such Code is amended--
(1) in subsection (a), by striking ``the tax under chapter
2, and the tax under chapter 2A'' and inserting ``and the tax
under chapter 2'', and
(2) in subsection (f)--
(A) by striking ``plus'' at the end of paragraph
(2) and inserting ``minus'', and
(B) by striking paragraph (3) and redesignating
paragraph (4) as paragraph (3).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 4. REPEAL OF DISQUALIFICATION OF EXPENSES FOR OVER-THE-COUNTER
DRUGS UNDER HEALTH FLEXIBLE SPENDING ARRANGEMENTS AND
HEALTH SAVINGS ACCOUNTS.
(a) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of the Internal Revenue Code of 1986 is
amended by striking subsection (f).
(b) HSAs.--Subparagraph (A) of section 223(d)(2) of such Code is
amended by striking the last sentence.
(c) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of such
Code is amended by striking the last sentence.
(d) Effective Dates.--
(1) Reimbursements.--The amendment made by subsection (a)
shall apply to expenses incurred with respect to taxable years
beginning after December 31, 2010.
(2) Distributions from savings accounts.--The amendments
made by subsections (b) and (c) shall apply to amounts paid
with respect to taxable years beginning after December 31,
2010.
SEC. 5. REPEAL OF INCREASE IN TAX ON NONQUALIFIED DISTRIBUTIONS FROM
HEALTH SAVINGS ACCOUNTS.
(a) HSAs.--Section 223(f)(4)(A) of the Internal Revenue Code of
1986 is amended by striking ``20 percent'' and inserting ``10
percent''.
(b) Archer MSAs.--Section 220(f)(4)(A) of such Code is amended by
striking ``20 percent'' and inserting ``15 percent''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after December 31, 2010.
SEC. 6. REPEAL OF LIMITATION ON HEALTH FLEXIBLE SPENDING ARRANGEMENTS
UNDER CAFETERIA PLANS.
(a) In General.--Section 125 of the Internal Revenue Code of 1986
is amended by striking subsection (i).
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2012.
SEC. 7. REPEAL OF INCREASED THRESHOLD FOR ITEMIZED DEDUCTION FOR
MEDICAL EXPENSES.
(a) In General.--Subsection (a) of section 213 of the Internal
Revenue Code of 1986 is amended by striking ``10 percent'' and
inserting ``7.5 percent''.
(b) Conforming Amendments.--
(1) Section 56(b)(1)(B) of such Code is amended by striking
``without regard to subsection (f) of such section'' and
inserting ``by substituting `10 percent' for `7.5 percent'''.
(2) Section 213 of such Code is amended by striking
subsection (f).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 8. REPEAL OF EXCISE TAX ON INDOOR TANNING SERVICES.
(a) In General.--Subtitle D of the Internal Revenue Code of 1986 is
amended by striking chapter 49 (and by striking the item relating to
such chapter in the table of chapters for such subtitle).
(b) Effective Date.--The amendment made by this section shall apply
to services performed after the date of the enactment of this Act.
SEC. 9. REPEAL OF INDIVIDUAL HEALTH INSURANCE MANDATE.
Section 5000A of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(h) Termination.--This section shall not apply with respect to
any month beginning after the date of the enactment of this
subsection.''.
SEC. 10. REPEAL OF EMPLOYER HEALTH INSURANCE MANDATE.
(a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is
amended by striking section 4980H.
(b) Repeal of Related Reporting Requirements.--Subpart D of part
III of subchapter A of chapter 61 of such Code is amended by striking
section 6056.
(c) Conforming Amendments.--
(1) Subparagraph (B) of section 6724(d)(1) of such Code is
amended by inserting ``or'' at the end of clause (xxiii), by
striking ``and'' at the end of clause (xxiv) and inserting
``or'', and by striking clause (xxv).
(2) Paragraph (2) of section 6724(d) of such Code is
amended by inserting ``or'' at the end of subparagraph (FF), by
striking ``, or'' at the end of subparagraph (GG) and inserting
a period, and by striking subparagraph (HH).
(3) The table of sections for chapter 43 of such Code is
amended by striking the item relating to section 4980H.
(4) The table of sections for subpart D of part III of
subchapter A of chapter 61 of such Code is amended by striking
the item relating to section 6056.
(5) Section 1513 of the Patient Protection and Affordable
Care Act is amended by striking subsection (c).
(d) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
months and other periods beginning after December 31, 2013.
(2) Repeal of study and report.--The amendment made by
subsection (c)(5) shall take effect on the date of the
enactment of this Act.
SEC. 11. REPEAL OF EXCISE TAX ON MEDICAL DEVICES.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is
amended by striking subchapter E (and by striking the item relating to
such subchapter in the table of subchapters of such chapter).
(b) Conforming Amendments.--
(1) Section 4221(a) of such Code is amended by striking the
last sentence.
(2) Section 6416(b)(2) of such Code is amended by striking
the last sentence.
(c) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 2012.
SEC. 12. REPEAL OF ANNUAL FEE ON BRANDED PRESCRIPTION DRUG
MANUFACTURERS.
(a) In General.--The Patient Protection and Affordable Care Act is
amended by striking section 9008.
(b) Conforming Amendment.--Section 1841(a) of the Social Security
Act is amended by striking ``or section 9008(c) of the Patient
Protection and Affordable Care Act of 2009''.
(c) Effective Date.--The amendment made by this section shall apply
to calendar years beginning after December 31, 2011.
SEC. 13. REPEAL OF ANNUAL FEE ON HEALTH INSURANCE PROVIDERS.
(a) In General.--The Patient Protection and Affordable Care Act is
amended by striking section 9010.
(b) Effective Date.--The amendment made by this section shall apply
to calendar years beginning after December 31, 2013.
SEC. 14. REPEAL OF STUDY AND REPORT ON REPEALED PROVISIONS.
The Patient Protection and Affordable Care Act is amended by
striking section 9011. | Total Repeal of the Unfair Taxes on Healthcare Act of 2012 or the TRUTH Act of 2012 - Amends the Internal Revenue Code, with respect to health care provisions added by the Patient Protection and Affordable Care Act (PPACA) and the Health Care and Education Reconciliation Act of 2010, to repeal: (1) the excise tax on the excess benefit from certain high cost employer-sponsored health coverage plans; (2) the excise tax on net investment income in the Medicare taxable base; (3) the prohibition against payments from health flexible spending arrangements, health savings accounts (HSAs), and Archer medical savings accounts (MSAs) for over-the-counter drugs; (4) the increased penalty on distributions from an HSA or Archer MSA not used for qualified medical expenses; (5) the limitation on annual salary reduction contributions by an employee to a health flexible spending arrangement under a cafeteria plan; (6) the increase in the income threshold for claiming an itemized deduction for medical expenses; (7) the excise tax on indoor tanning services; (8) the requirement that individuals maintain minimal essential health care coverage; and (9) the excise tax on medical devices.
Repeals provisions of PPACA that require: (1) annual fees on branded prescription drug manufacturers and importers and on health insurance providers, and (2) a report by the Secretary of Veteran Affairs (VA) on the effect of fees assessed by such Act on the cost of medical care provided to veterans and on access by veterans to medical devices and branded prescription drugs. | To repeal certain tax increases enacted as part of health care reform. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Production and Safety Act
of 2011''.
SEC. 2. OIL SPILL RESPONSE AND CONTAINMENT.
(a) Response Plans.--The Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) is amended by inserting after section 9 the
following:
``SEC. 10. EXPLORATION PLANS.
``(a) In General.--Notwithstanding any other provision of this Act,
in the case of each exploration plan submitted after the date of
enactment of this Act, the Secretary shall require the incorporation
into the exploration plan of a third-party reviewed response plan that
describes the means and timeline for containment and termination of an
ongoing discharge of oil (other than a de minimis discharge, as
determined by the Secretary) at the depth at which the exploration,
development, or production authorized under the exploration plan is to
take place.
``(b) Technological Feasibility.--Before determining whether to
approve a new exploration plan under subsection (a), the Secretary
shall certify the technological feasibility of methods proposed to be
used under a response plan described in that paragraph, as demonstrated
by the potential lessee through simulation, demonstration, or other
means.''.
(b) Public/private Task Force on Oil Spill Response and
Mitigation.--
(1) In general.--The Secretary of Energy, acting through
the Office of Science of the Department of Energy, shall use
available funds in the Ultra-Deepwater and Unconventional
Natural Gas and Other Petroleum Research Fund established under
section 999H of the Energy Policy Act of 2005 (42 U.S.C.
16378), and such other funds as are necessary, to conduct a
study, in collaboration with the Office of Fossil Energy of the
Department, on means of improving prevention methodologies and
technological responses to oil spills and mitigating the
effects of oil spills on natural habitat.
(2) Task force.--As part of the study required under this
subsection, the Secretary shall convene a task force composed
of representatives of the private sector, institutions of
higher education, and the National Academy of Sciences--
(A) to assess the prevention methodologies and
technological response to the blowout and explosion of
the mobile offshore drilling unit Deepwater Horizon
that occurred on April 20, 2010, and resulting
hydrocarbon releases into the environment;
(B) to assess the adequacy of existing technologies
for prevention and responses to deep water oil spills;
and
(C) to recommend means of improving prevention
methodologies and technological responses to future oil
spills (including drilling relief wells) and mitigating
the effects of the oil spills on natural habitat.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress,
the President, the Secretary of Homeland Security, the
Administrator of the Environmental Protection Agency, the
Secretary of the Interior, and the Secretary of Defense a
report that describes the results of the study conducted under
this subsection, including a recommended standard for
technological best practices for prevention of and responses to
oil spills, practice drills for emergency responses, and any
other recommendations.
(c) Study on Federal Response to Oil Spills.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of existing capabilities and legal
authorities of the Federal Government to prevent and respond to
oil spills.
(2) Deepwater horizon incident.--As part of the study
required under this subsection, the Comptroller General of the
United States shall assess the extent to which the capabilities
and authorities described in paragraph (1) have been fully used
in the response to the blowout and explosion of the mobile
offshore drilling unit Deepwater Horizon that occurred on April
20, 2010, and resulting hydrocarbon releases into the
environment.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that describes the
results of the study conducted under this subsection, including
any recommendations.
SEC. 3. CONDUCT OF CERTAIN PROPOSED OIL AND GAS LEASE SALES.
(a) Definitions.--In this section:
(1) Environment impact statement for the 2007-2012 5-year
ocs plan.--The term ``Environmental Impact Statement for the
2007-2012 5-Year OCS Plan'' means the Final Environmental
Impact Statement for the Outer Continental Shelf Oil and Gas
Leasing Program: 2007-2012 prepared by the Secretary and dated
April 2007.
(2) Multi-sale environmental impact statement.--The term
``Multi-Sale Environmental Impact Statement'' means the
Environmental Impact Statement for Proposed OCS Oil and Gas
Lease Sales 193, 204, 205, 206, 207, 208, 209, 210, 212, 215,
and 218, 213, 216, and 222 prepared by the Secretary and dated
September 2008.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Requirement to Conduct Certain Proposed Oil and Gas Lease
Sales.--
(1) In general.--In accordance with section 8 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337), the Secretary
shall conduct--
(A) as soon as practicable, but not later than 120
days, after the date of enactment of this Act, offshore
oil and gas lease sale 216;
(B) as soon as practicable, but not later than 240
days, after the date of enactment of this Act, offshore
oil and gas lease sale 218;
(C) as soon as practicable, but not later than 1
year, after the date of enactment of this Act, offshore
oil and gas lease sale 220;
(D) as soon as practicable after the date of
enactment of this Act, but not later than June 1, 2012,
offshore oil and gas lease sale 222;
(E) not later than September 1, 2012, offshore oil
and gas lease sale 209; and
(F) not later than December 31, 2012, offshore oil
and gas lease sale 212.
(2) Prohibition on conflicts with military operations.--The
Secretary shall not make any tract available for leasing under
paragraph (1)(C) if the President, acting through the Secretary
of Defense, determines that drilling activity on the tract
would create an unreasonable conflict with military operations.
(3) Environmental review.--For the purposes of lease sale
193 and each of the lease sales authorized under subparagraphs
(A), (B), (D), (E), and (F) of paragraph (1), the Environmental
Impact Statement for the 2007-2012 5-Year OCS Plan and the
Multi-Sale Environmental Impact Statement shall be considered
to satisfy the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 4. APPROVAL OR DENIAL OF DRILLING PERMITS.
(a) Amendment.--Section 11 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1340) is amended by striking subsection (d) and inserting
the following:
``(d) Drilling Permits.--
``(1) In general.--The Secretary shall, by regulation,
require that any lessee operating under an approved exploration
plan obtain a permit--
``(A) before the lessee drills a well in accordance
with the plan; and
``(B) before the lessee significantly modifies the
well design originally approved by the Secretary.
``(2) Safety review required.--The Secretary shall not
issue a permit under paragraph (1) until the date on which the
Secretary determines that the proposed drilling operations meet
all--
``(A) critical safety system requirements
(including requirements relating to blowout
prevention); and
``(B) oil spill response and containment
requirements.
``(3) Approval or denial of permit.--
``(A) In general.--Subject to subparagraph (B), not
later than 30 days after the date on which the
Secretary receives an application for a permit under
paragraph (1), the Secretary shall approve or deny the
application.
``(B) Extensions.--
``(i) In general.--The Secretary may extend
the deadline under subparagraph (A) by an
additional 15 days on not more than 2
occasions, if the Secretary provides to the
applicant prior written notice of the delay in
accordance with clause (ii).
``(ii) Notice requirements.--The written
notice required under clause (i) shall--
``(I) be in the form of a letter
from the Secretary or a designee of the
Secretary; and
``(II) include the names and titles
of the persons processing the
application, the specific reasons for
the delay, and the date on which a
final decision on the application is
expected.
``(C) Denial.--If the Secretary denies an
application under subparagraph (A), the Secretary shall
provide the applicant--
``(i) written notice that includes--
``(I) a clear and comprehensive
description of the reasons for denying
the application; and
``(II) detailed information
concerning any deficiencies in the
application; and
``(ii) an opportunity--
``(I) to address the reasons
identified under clause (i)(I); and
``(II) to remedy the deficiencies
identified under clause (i)(II).
``(D) Failure to approve or deny application.--If
the Secretary has not approved or denied the
application by the date that is 60 days after the date
on which the application was received by the Secretary,
the application shall be considered to be approved.''.
(b) Deadline for Certain Permit Applications Under Existing
Leases.--
(1) Definition of covered application.--In this subsection,
the term ``covered application'' means an application for a
permit to drill under an oil and gas lease under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in effect
on the date of enactment of this Act, that--
(A) represents a resubmission of an approved permit
to drill (including an application for a permit to
sidetrack) that was approved by the Secretary before
May 27, 2010; and
(B) is received by the Secretary after October 12,
2010, and before the end of the 30-day period beginning
on the date of enactment of this Act.
(2) In general.--Notwithstanding the amendment made by
subsection (a), a lease under which a covered application is
submitted to the Secretary of the Interior shall be considered
to be in directed suspension during the period beginning May
27, 2010, and ending on the date on which the Secretary issues
a final decision on the application, if the Secretary does not
issue a final decision on the application--
(A) before the end of the 30-day period beginning
on the date of enactment of this Act, in the case of a
covered application submitted before the date of
enactment of this Act; or
(B) before the end of the 30-day period beginning
on the date on which the application is received by the
Secretary, in the case of a covered application
submitted on or after the date of enactment of this
Act.
SEC. 5. EXTENSION OF CERTAIN OUTER CONTINENTAL SHELF LEASES.
(a) Definition of Covered Lease.--In this section, the term
``covered lease'' means each oil and gas lease for the Gulf of Mexico
outer Continental Shelf region issued under section 8 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337) that--
(1)(A) was not producing as of April 30, 2010; or
(B) was suspended from operations, permit processing, or
consideration, in accordance with the moratorium set forth in
the Minerals Management Service Notice to Lessees and Operators
No. 2010-N04, dated May 30, 2010, or the decision memorandum of
the Secretary of the Interior entitled ``Decision memorandum
regarding the suspension of certain offshore permitting and
drilling activities on the Outer Continental Shelf'' and dated
July 12, 2010; and
(2) by the terms of the lease, would expire on or before
December 31, 2011.
(b) Extension of Covered Leases.--The Secretary of the Interior
shall extend the term of a covered lease by 1 year.
(c) Effect on Suspensions of Operations or Production.--The
extension of covered leases under this section is in addition to any
suspension of operations or suspension of production granted by the
Minerals Management Service or Bureau of Ocean Energy Management,
Regulation and Enforcement after May 1, 2010.
SEC. 6. JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO OUTER CONTINENTAL
SHELF ACTIVITIES IN THE GULF OF MEXICO.
(a) Definitions.--In this section:
(1) Covered civil action.--The term ``covered civil
action'' means a civil action containing a claim under section
702 of title 5, United States Code, regarding ``agency action''
(as the term is used in that section) affecting a covered
energy project.
(2) Covered energy project.--
(A) In general.--The term ``covered energy
project'' mean the leasing of Federal land of the outer
Continental Shelf (including submerged land) for the
exploration, development, production, processing, or
transmission of oil, natural gas, wind, or any other
source of energy in the Gulf of Mexico, including any
action under such a lease.
(B) Exclusions.--The term ``covered energy
project'' does not include any disputes between the
parties to a lease regarding the obligations under a
lease described in subparagraph (A), including
regarding any alleged breach of the lease.
(b) Exclusive Venue for Certain Civil Actions Relating to Covered
Energy Projects in the Gulf of Mexico.--Venue for any covered civil
action shall be in the United States Court of Appeals for the Fifth
Circuit, unless there is no proper venue in any court within the United
States Court of Appeals for the Fifth Circuit.
(c) Time Limitation on Filing.--A covered civil action shall be
barred unless the covered civil action is filed not later than the end
of the 60-day period beginning on the date of the final Federal agency
action to which the covered civil action relates.
(d) Expedition in Hearing and Determining the Action.--The court
shall endeavor to hear and determine any covered civil action as
expeditiously as possible.
(e) Standard of Review.--In any judicial review of a covered civil
action--
(1) administrative findings and conclusions relating to the
challenged Federal action or decision shall be presumed to be
correct; and
(2) the presumption under paragraph (1) may be rebutted
only by the preponderance of the evidence contained in the
administrative record.
(f) Limitation on Prospective Relief.--In a covered civil action,
the court shall not grant or approve any prospective relief unless the
court finds that the relief--
(1) is narrowly drawn;
(2) extends no further than necessary to correct the
violation of a legal requirement; and
(3) is the least intrusive means necessary to correct that
violation.
(g) Limitation on Attorneys' Fees.--
(1) In general.--Sections 504 of title 5, United States
Code, and 2412 of title 28, United States Code, shall not apply
to a covered civil action.
(2) Prohibition.--No party to a covered civil action shall
receive payment from the Federal Government for attorneys'
fees, expenses, or other court costs. | Offshore Production and Safety Act of 2011 - Amends the Outer Continental Shelf Lands Act to direct the Secretary of the Interior (Secretary) to require an exploration plan to incorporate a third-party reviewed response plan which describes the means and timeline to contain and terminate an ongoing discharge of oil.
Requires the Secretary to certify, as a prerequisite to plan approval, the technological feasibility of methods proposed to be used under a response plan, as demonstrated by the potential lessee through simulation, demonstration, or other means.
Directs the Secretary of Energy (DOE), acting through the DOE Office of Science, to use specified funds to study, in collaboration with the DOE Office of Fossil Energy, means of improving prevention methodologies and technological responses to oil spills and mitigating the effects of oil spills on natural habitat.
Requires the DOE Secretary, as part of the study, to convene a task force to assess: (1) such methodologies and technological response to the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon on April 20, 2010, and the resulting hydrocarbon releases into the environment; as well as (2) the adequacy of existing technologies for prevention and responses to deep water oil spills.
Directs the Comptroller General to study existing federal capabilities and legal authorities to prevent and respond to oil spills.
Instructs the Secretary to conduct certain oil and gas lease sales within specified deadlines.
States that such lease sales are considered to satisfy the requirements of the National Environmental Policy Act of 1969.
Prohibits the Secretary from issuing a permit without ensuring that the proposed drilling operations meet all: (1) critical safety system requirements, including blowout prevention; and (2) oil spill response and containment requirements. Requires the Secretary to decide whether to issue a permit within 30 days after receiving an application. Allows up to two 15-day extensions of such deadline. Prescribes implementation procedures.
Imposes a deadline for a final decision on certain permit applications under existing leases.
Directs the Secretary to extend by one year the terms of certain oil and gas leases (covered leases) for the Gulf of Mexico outer Continental Shelf (OCS) region.
Establishes any district court within the Fifth Circuit as the exclusive venue for civil actions relating to covered energy projects on leased federal land in the Gulf of Mexico unless there is no proper venue within that circuit.
Bars such a civil action unless it is filed within 60 days after the final federal action to which it relates.
Sets forth a standard of review under which: (1) the court is directed to hear and determine any covered civil action as expeditiously as possible; and (2) any judicial review of a covered civil action makes a presumption that the administrative findings and conclusions relating to the challenged federal action or decision are correct.
Sets restrictions on prospective relief.
Prohibits federal payment of attorneys' fees, expenses, and other court costs to any party in a covered civil action under this Act. | A bill to authorize the conduct of certain lease sales in the Outer Continental Shelf, to amend the Outer Continental Shelf Lands Act to modify the requirements for exploration, and for other purposes. |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Electronic
Marketplace Ownership Disclosure Act''.
(b) Findings.--The Congress finds the following:
(1) The phenomenal economic expansion that our nation
experienced during the last decade was fueled by advances in
information technology and the development of the Internet.
(2) Today, consumers and businesses routinely participate
in new online marketplaces.
(3) Certain Internet exchanges purporting to provide
neutral marketplaces for the exchange of goods and services are
actually owned by marketplace operators with interests in the
transactions taking place on the exchanges.
(4) Certain Internet exchanges have made business
arrangements with sellers without disclosing the existence of
those arrangements to the consumers.
(5) Additional consumer protections are needed to increase
public confidence in the Internet.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Electronic marketplace.--
(A) In general.--The term ``electronic
marketplace'' means an enterprise that--
(i) is organized to bring together by
electronic means, on both sides of a
transaction, the offers, bids, or orders of
multiple participants;
(ii) is accessible to participants from the
general public, and is not restricted to
licensed or qualified specialists;
(iii) lists products and services of such
participants, or provides links or connections
by which access to such lists may be obtained;
and
(iv) is operated as a business and collects
compensation from any of such participants as a
condition of participation.
(B) Exclusions.--Such term does not include--
(i) any securities exchange or national
securities association registered under the
Securities Exchange Act of 1934;
(ii) any contract market or derivative
transaction execution facility registered under
the Commodity Exchange Act;
(iii) any marketplace that is operated for
the conduct of retail transactions by a single
vendor, even if that vendor sells or offers the
products or services of multiple providers of
such products or services; or
(iv) any marketplace on which the total
annual volume of transactions is less than
$10,000,000, or such other marketplaces as may
be excluded from such term by the regulations
prescribed under section 3 on the basis of such
factors as minimum transaction volume or size,
minimum number of transactions, or minimum
number of market participants over a designated
period of time, or other relevant factors.
(C) Open to public.--A marketplace shall not be
considered to be restricted to licensed or qualified
specialists under subparagraph (A)(ii) merely because
such marketplace requires participants from the general
public to register and to disclose identifying or
financial information prior to participating.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Affiliate.--The term ``affiliate'' means any company
that directly or indirectly controls, is controlled by, or is
under common control with another company.
SEC. 3. ELECTRONIC MARKETPLACE DISCLOSURE REGULATIONS.
(a) Disclosure Required.--The Commission shall prescribe rules in
accordance with this section to prohibit unfair and deceptive acts and
practices in the operation of an electronic marketplace by requiring
the operator of such market to disclose the following:
(1) Ownership disclosures.--The operator of an electronic
marketplace shall disclose--
(A) the identity of any affiliate of such
marketplace; and
(B) contact information, or a website link, from
which a marketplace participant may obtain additional
information about such affiliates.
(2) Disclosure of financial arrangements business
arrangements with market participants.--The operator of an
electronic marketplace shall disclose--
(A) the usual or customary financial arrangements
under which the largest portion of marketplace
participants are permitted to participate;
(B) any unusual or special financial arrangements
under which a smaller number of marketplace
participants are accorded special privileges or other
benefits in their marketplace participation; and
(C) the identity of any persons or entities with
which the operator has an arrangement described in
subparagraph (B).
(b) Clear and Conspicuous Disclosure.--
(1) Required disclosures.--The regulation prescribed under
this section shall require that the disclosures required by
subsection (a)--
(A) be clear and conspicuous to electronic
marketplace participants;
(B) to the extent possible, be stated in simple and
uncomplicated terms; and
(C) be readily accessible to the public through the
Internet.
(2) Exemptions and limitations on disclosures.--The
regulations prescribed under this section--
(A) shall require that the disclosures be updated
at least quarterly; and
(B) shall not require the posting or disclosure of
the actual contracts with market participants.
(c) Regulatory Authority.--
(1) Rulemaking.--The Commission shall prescribe such
regulations as may be necessary to carry out the purposes of
this Act.
(2) Procedures and deadline.--Such regulations shall be
prescribed in accordance with applicable requirements of title
5, United States Code, and shall be issued in final form not
later than 6 months after the date of the enactment of this
Act.
SEC. 4. ENFORCEMENT.
This Act and the regulations prescribed thereunder shall be
enforced by Commission under the Federal Trade Commission Act. | Electronic Marketplace Ownership Disclosure Act - Directs the Federal Trade Commission to require an operator of an electronic marketplace to provide clear and conspicuous disclosure to the public through the Internet concerning: (1) the identity of any marketplace affiliate; (2) contact information, or a website link, from which a marketplace participant may obtain additional information about such affiliates; (3) the usual or customary financial arrangements under which the largest portion of marketplace participants are permitted to participate; (4) any unusual or special financial arrangements under which a smaller number of marketplace participants are accorded special privileges or benefits; and (5) the identity of any persons or entities with whom the operator has unusual or special financial arrangements.Grants the FTC regulatory and enforcement authority. | To require operators of electronic marketplaces to disclose the ownership and financial arrangements of such marketplaces to market participants, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Frontline Mental Health Provider
Training Act''.
SEC. 2. PILOT PROGRAM ON EXPANSION OF USE OF PHYSICIAN ASSISTANTS TO
PROVIDE MENTAL HEALTH CARE TO MEMBERS OF THE ARMED FORCES
AND VETERANS.
(a) Pilot Program.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Veterans Affairs (in this section referred to as the ``Secretaries'')
shall jointly commence the conduct of a pilot program to assess the
feasibility and advisability of expanding the use by the Department of
Defense and the Department of Veterans Affairs of physician assistants
specializing in psychiatric medicine at medical facilities of the
Department of Defense and the Department of Veterans Affairs in order
to meet the increasing demand for mental health care providers at such
facilities through the use of an 18-month psychiatry fellowship program
for physician assistants.
(b) Locations.--
(1) Department of defense.--The Secretary of Defense shall
carry out the pilot program at not less than three military
medical treatment facilities, of which--
(A) not less than one shall be a military medical
treatment facility under the jurisdiction of the
Secretary of the Army;
(B) not less than one shall be a military medical
treatment facility under the jurisdiction of the
Secretary of the Navy; and
(C) not less than one shall be a military medical
treatment facility under the jurisdiction of the
Secretary of the Air Force.
(2) Department of veterans affairs.--The Secretary of
Veterans Affairs shall carry out the pilot program at not less
than three medical centers of the Department of Veterans
Affairs.
(c) Eligible Individuals.--
(1) In general.--Except as provided in paragraph (2), an
individual eligible for participation in the pilot program is
an individual who--
(A) has successfully graduated with a masters
degree in physician assistant studies from an
accredited physician assistant program;
(B) is certified by the National Commission on
Certification of Physician Assistants;
(C) has a valid license, certification, and
registration necessary to practice medicine; and
(D) does not have any pending challenge,
investigation, revocation, restriction, disciplinary
action, suspension, reprimand, probation, denial, or
withdrawal with respect to any license, certification,
or registration described in subparagraph (C).
(2) Department of defense.--With respect to the conduct of
the pilot program at a military medical treatment facility, an
individual eligible for participation in the pilot program is
an individual who--
(A) qualifies as an eligible individual under
paragraph (1);
(B) is a commissioned officer in the Armed Forces;
and
(C) meets the requirements necessary to be deployed
as such an officer throughout the world.
(d) Selection of Individuals.--
(1) In general.--Each of the Secretaries shall select not
less than 12 individuals described in subsection (c) to
participate in the pilot program for each 18-month psychiatry
fellowship program carried out under subsection (e).
(2) Distribution.--Each of the Secretaries shall equally
distribute the individuals selected under paragraph (1) among
the locations at which the pilot program is to be carried out
by such Secretary.
(e) Psychiatry Fellowship Program.--
(1) In general.--In carrying out the pilot program, the
Secretaries shall establish an 18-month psychiatry fellowship
program for physician assistants that meets the training model
for acuity, mixture, and volume established for psychiatric
residency programs.
(2) Training and education.--The psychiatric fellowship
program established under paragraph (1) shall provide to
eligible individuals who are selected for the program the
following:
(A) Training that is equivalent to training
received during a psychiatric residency with respect to
guidelines, objectives, and milestones.
(B) Education leading to a clinical doctorate of
science in psychiatry that addresses the following:
(i) Inpatient care.
(ii) Outpatient care.
(iii) Emergency psychiatry.
(iv) Neurology, including child,
adolescent, and geriatric neurology.
(v) Pain management.
(vi) Addictive psychiatry.
(vii) Psycho-pharmacology.
(viii) Traumatic brain injury.
(ix) Clinical practice guidelines.
(C) Education that addresses the particular needs
of rural and other underserved populations of members
of the Armed Forces and veterans to ensure a particular
approach to psychiatry that benefits those individuals.
(3) Use of other programs.--In carrying out the psychiatric
fellowship program under paragraph (1), the Secretaries shall
use resources available to the Secretaries under existing
graduate medical education programs of the Department of
Defense and the Department of Veterans Affairs to the greatest
extent possible.
(f) Reports on Pilot Program.--
(1) Initial report.--
(A) In general.--Not later than two years after the
date on which the pilot program commences under
subsection (a), the Secretaries shall jointly submit to
the appropriate committees of Congress a report on the
pilot program.
(B) Elements.--The report required by subparagraph
(A) shall include the following:
(i) A description of the implementation of
the pilot program at each location of the pilot
program, including a detailed description of
the education and training provided under the
pilot program at such location.
(ii) A description and explanation of
differences, if any, in the implementation and
performance of the pilot program among the
locations of the pilot program.
(iii) An assessment of the satisfaction of
members of the Armed Forces and veterans with
mental health care provided under the pilot
program, including an assessment of the
outcomes of such care.
(iv) An assessment of cost savings, if any,
to the Federal Government resulting from the
pilot program.
(v) A description of improvements, if any,
to the access of members of the Armed Forces
and veterans to mental health care resulting
from the pilot program.
(vi) A description of recommendations, if
any, of the Secretaries of alternative methods
to improve the access of members of the Armed
Forces and veterans to mental health care other
than through the pilot program.
(vii) A recommendation as to the
feasibility and advisability of extending or
expanding the pilot program.
(2) Final report.--Not later than 90 days before the date
on which the pilot program terminates under subsection (g), the
Secretaries shall jointly submit to the appropriate committees
of Congress an update to the report submitted under paragraph
(1).
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.
(g) Termination.--The authority of the Secretaries to carry out the
pilot program shall terminate upon the completion of two 18-month
psychiatry fellowship programs conducted under subsection (e). | Frontline Mental Health Provider Training Act Requires the Department of Defense (DOD) and the Department of Veterans Affairs (VA) to jointly commence a pilot program to assess the feasibility and advisability of expanding use of physician assistants specializing in psychiatric medicine at DOD and VA medical facilities in order to meet the increasing demand for mental health care providers at such facilities through the completion of two 18-month psychiatry fellowship programs for physician assistants. Directs DOD to carry out the pilot program at not less than one military medical treatment facility under the jurisdiction of the Department of the Army, one under the jurisdiction of the Department of the Navy, and one under the jurisdiction of the Department of the Air Force. Requires the VA to carry out the program at not less than three VA medical centers. Requires each Department to select at least 12 physician assistants to participate in each fellowship program. Sets forth qualifications for eligible physician assistants. Requires each fellowship program to: (1) meet the training model for acuity, mixture, and volume established for psychiatric residency programs; and (2) provide to the selected individuals training equivalent to that received during a psychiatric residency, education leading to a clinical doctorate of science in psychiatry, and education that addresses the particular needs of rural and other under served populations of members of the Armed Forces and veterans. | Frontline Mental Health Provider Training Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Service Long-Term Care
Insurance Benefit Act''.
SEC. 2. LONG-TERM CARE INSURANCE.
(a) In General.--Subpart G of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 90--LONG-TERM CARE INSURANCE
``Sec.
``9001. Definitions.
``9002. Availability of insurance.
``9003. Participating carriers.
``9004. Administrative functions.
``9005. Coordination with State laws.
``9006. Commercial items.
``Sec. 9001. Definitions
``For purposes of this chapter:
``(1) Employee.--The term `employee' has the meaning given
such term by section 8901, but does not include an individual
employed by the government of the District of Columbia.
``(2) Annuitant.--The term `annuitant' means--
``(A) a former employee who, based on the service
of that individual, receives an annuity under
subchapter III of chapter 83, chapter 84, or another
retirement system for employees of the Government
(disregarding title XVIII of the Social Security Act
and any retirement system established for employees
described in section 2105(c)); and
``(B) any individual who receives an annuity under
any retirement system referred to in subparagraph (A)
(disregarding those described parenthetically) as the
surviving spouse of an employee (including an amount
under section 8442(b)(1)(A), whether or not an annuity
under section 8442(b)(1)(B) is also payable) or of a
former employee under subparagraph (A);
but does not include a former employee of a Government
corporation excluded by regulation of the Office of Personnel
Management or the spouse of such a former employee.
``(3) Eligible relative.--The term `eligible relative', as
used with respect to an employee or annuitant, means each of
the following:
``(A) The spouse of the employee or annuitant.
``(B) The father or mother of the employee or
annuitant, or an ancestor of either.
``(C) A stepfather or stepmother of the employee or
annuitant.
``(D) The father-in-law or mother-in-law of the
employee or annuitant.
``(E) A son or daughter of the employee or
annuitant who is at least 18 years of age.
``(F) A stepson or stepdaughter of the employee or
annuitant who is at least 18 years of age.
``(4) Government.--The term `Government' means the
Government of the United States, including an agency or
instrumentality thereof.
``(5) Group long-term care insurance.--The term `group
long-term care insurance' means group long-term care insurance
purchased by the Office of Personnel Management under this
chapter.
``(6) Individual long-term care insurance.--The term
`individual long-term care insurance' means any long-term care
insurance offered under this chapter which is not group long-
term care insurance.
``(7) Qualified carrier.--A carrier shall be considered to
be a `qualified carrier', with respect to a State, if it is
licensed to issue group or individual long-term care insurance
(as the case may be) under the laws of such State.
``(8) Qualified long-term care insurance contract.--The
term `qualified long-term care insurance contract' has the
meaning given such term by section 7702B of the Internal
Revenue Code of 1986.
``(9) State.--The term `State' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, the Trust Territory of the
Pacific Islands, the Virgin Islands, Guam, American Samoa, and
any other territory or possession of the United States.
``Sec. 9002. Availability of insurance
``(a) In General.--The Office of Personnel Management shall
establish and administer a program through which employees and
annuitants may obtain group or individual long-term care insurance for
themselves, a spouse, or, to the extent permitted under the terms of
the contract of insurance involved, any other eligible relative.
``(b) General Requirements.--Long-term care insurance may not be
offered under this chapter unless--
``(1) the only insurance protection provided is coverage
under qualified long-term care insurance contracts; and
``(2) the insurance contract under which such coverage is
provided is issued by a qualified carrier.
``(c) Requirement That Contract Be Fully Insured.--In addition to
the requirements otherwise applicable under section 9001(8), in order
to be considered a qualified long-term care insurance contract for
purposes of this chapter, a contract must be fully insured, whether
through reinsurance with other companies or otherwise.
``(d) Coverage Not Required for Individuals Who Would Be
Immediately Benefit Eligible.--Nothing in this chapter shall be
considered to require that long-term care insurance coverage be made
available in the case of any individual who would be immediately
benefit eligible.
``Sec. 9003. Participating carriers
``(a) Identification of Participating Carriers.--The Office of
Personnel Management shall, before the start of each year--
``(1) identify each carrier through whom any long-term care
insurance may be obtained under this chapter during such year;
and
``(2) prepare a list of the carriers identified under
paragraph (1), and a summary description of the insurance
obtainable under this chapter from each.
``(b) Application Requirements, Etc.--In order to carry out its
responsibilities under subsection (a), the Office shall annually
specify the timetable (including any application deadlines) and other
procedures that must be followed by carriers seeking to be allowed to
offer long-term care insurance under this chapter during the following
year.
``(c) Information To Permit Informed Decisionmaking.--The Office
shall in a timely manner before the start of each year--
``(1) publish in the Federal Register the list (and summary
description) prepared under subsection (a) for such year; and
``(2) make available to each individual eligible to obtain
long-term care insurance under this chapter such information,
in a form acceptable to the Office after consultation with the
carrier, as may be necessary to enable the individual to
exercise an informed choice among the various options available
under this chapter.
``(d) Policy or Benefit Certificate.--The Office shall arrange to
have the appropriate individual or individuals receive a copy of any
policy of insurance obtained under this chapter or, in the case of
group long-term care insurance, a certificate setting forth the
benefits to which an individual is entitled, to whom the benefits are
payable, and the procedures for obtaining benefits, and summarizing the
provisions of the policy principally affecting the individual or
individuals involved. Any such certificate shall be issued instead of
the certificate which the insurance company would otherwise be required
to issue.
``Sec. 9004. Administrative functions
``(a) In General.--Except as provided in section 9003, the sole
functions of the Office of Personnel Management under this chapter
shall be as follows:
``(1) Enrollment periods.--To provide reasonable
opportunity (consisting of not less than one continuous 30-day
period each year) for eligible employees and annuitants to
obtain long-term care insurance coverage under this chapter.
``(2) Withholdings.--To provide for a means by which the
cost of any long-term care insurance coverage obtained under
this chapter may be paid for through withholdings from the pay
or annuity of the employee or annuitant involved.
``(3) Contract authority relating to group long-term care
insurance.--To contract for a qualified long-term care
insurance contract (in the case of group long-term care
insurance) with each qualified carrier that offers such
insurance, so long as such carrier submits a timely application
under section 9003(b) and complies with such other procedural
rules as the Office may prescribe.
``(b) Limitations on Authority.--Nothing in this chapter shall be
considered to permit or require the Office--
``(1) to prevent from being offered under this chapter any
individual long-term care insurance under a qualified contract
therefor; or
``(2) to prescribe or negotiate over the benefits to be
offered, or any of the terms or conditions under which any such
benefits shall be offered, under this chapter.
``Sec. 9005. Coordination with State laws
``(a) In General.--The provisions of any contract under this
chapter for group long-term care insurance may include provisions to
supersede and preempt any provisions of State or local law described in
subsection (b), or any regulation issued thereunder.
``(b) Description.--This subsection applies with respect to any
provision of law which in effect carries out the same policy as section
5 of the long-term care insurance model Act, promulgated by the
National Association of Insurance Commissioners (as adopted as of
September 1997).
``Sec. 9006. Commercial items
``For purposes of the Office of Federal Procurement Policy Act, a
long-term care insurance contract under this chapter shall be
considered a commercial item, as defined by section 4(12) of such
Act.''.
(b) Conforming Amendment.--The analysis for part III of title 5,
United States Code, is amended by adding at the end of subpart G the
following:
``90. Long-Term Care Insurance............................. 9001''.
SEC. 3. EFFECTIVE DATE.
The Office of Personnel Management shall take such measures as may
be necessary to ensure that long-term care insurance coverage under
title 5, United States Code, as amended by this Act, may be obtained in
time to take effect beginning on the first day of the first applicable
pay period beginning on or after January 1, 2000. | Civil Service Long-Term Care Insurance Benefit Act - Directs the Office of Personnel Management (OPM) to establish and administer a program through which Federal employees and annuitants may obtain group or individual long-term care insurance for themselves, a spouse, or, to the extent permitted under the insurance contract terms, any other eligible relative.
Directs OPM to: (1) annually identify and list participating insurance carriers; (2) provide carrier application requirements; (3) publish in the Federal Register appropriate information concerning such carriers and the availability of such insurance to eligible individuals; (4) arrange to have covered individuals receive a copy of such insurance policy as well as a benefit certificate; and (5) undertake certain administrative functions with respect to employee or annuitant insurance enrollment and pay or annuity withholdings to cover the cost of such insurance. | Civil Service Long-Term Care Insurance Benefit Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Services for Older Youth
in Foster Care Act''.
SEC. 2. IMPROVEMENTS TO THE JOHN H. CHAFEE FOSTER CARE INDEPENDENCE
PROGRAM AND RELATED PROVISIONS.
(a) Authority To Serve Former Foster Youth up to Age 23.--Section
477 of the Social Security Act (42 U.S.C. 677) is amended--
(1) in subsection (a)(5), by inserting ``(or 23 years of
age, in the case of a State with a certification under
subsection (b)(3)(A)(ii) to provide assistance and services to
youths who have aged out of foster care and have not attained
such age, in accordance with such subsection)'' after ``21
years of age'';
(2) in subsection (b)(3)(A)--
(A) by inserting ``(i)'' before ``A
certification'';
(B) by striking ``children who have left foster
care'' and all that follows through the period and
inserting ``youths who have aged out of foster care and
have not attained 21 years of age.''; and
(C) by adding at the end the following:
``(ii) If the State has elected under section
475(8)(B) to extend eligibility for foster care to all
children who have not attained 21 years of age, or if
the Secretary determines that the State agency
responsible for administering the State plans under
this part and part B uses State funds or any other
funds not provided under this part to provide services
and assistance for youths who have aged out of foster
care that are comparable to the services and assistance
the youths would receive if the State had made such an
election, the certification required under clause (i)
may provide that the State will provide assistance and
services to youths who have aged out of foster care and
have not attained 23 years of age.''; and
(3) in subsection (b)(3)(B), by striking ``children who
have left foster care'' and all that follows through the period
and inserting ``youths who have aged out of foster care and
have not attained 21 years of age (or 23 years of age, in the
case of a State with a certification under subparagraph (A)(i)
to provide assistance and services to youths who have aged out
of foster care and have not attained such age, in accordance
with subparagraph (A)(ii)).''.
(b) Authority To Redistribute Unspent Funds.--Section 477(d) of
such Act (42 U.S.C. 677(d)) is amended--
(1) in paragraph (4), by inserting ``or does not expend
allocated funds within the time period specified under section
477(d)(3)'' after ``provided by the Secretary''; and
(2) by adding at the end the following:
``(5) Redistribution of unexpended amounts.--
``(A) Availability of amounts.--To the extent that
amounts paid to States under this section in a fiscal
year remain unexpended by the States at the end of the
succeeding fiscal year, the Secretary may make the
amounts available for redistribution in the second
succeeding fiscal year among the States that apply for
additional funds under this section for that second
succeeding fiscal year.
``(B) Redistribution.--
``(i) In general.--The Secretary shall
redistribute the amounts made available under
subparagraph (A) for a fiscal year among
eligible applicant States. In this
subparagraph, the term `eligible applicant
State' means a State that has applied for
additional funds for the fiscal year under
subparagraph (A) if the Secretary determines
that the State will use the funds for the
purpose for which originally allotted under
this section.
``(ii) Amount to be redistributed.--The
amount to be redistributed to each eligible
applicant State shall be the amount so made
available multiplied by the State foster care
ratio (as defined in subsection (c)(4), except
that, in such subsection, `all eligible
applicant States (as defined in subsection
(d)(5)(B)(i))' shall be substituted for `all
States').
``(iii) Treatment of redistributed
amount.--Any amount made available to a State
under this paragraph shall be regarded as part
of the allotment of the State under this
section for the fiscal year in which the
redistribution is made.
``(C) Tribes.--For purposes of this paragraph, the
term `State' includes an Indian tribe, tribal
organization, or tribal consortium that receives an
allotment under this section.''.
(c) Expanding and Clarifying the Use of Education and Training
Vouchers.--
(1) In general.--Section 477(i)(3) of such Act (42 U.S.C.
677(i)(3)) is amended--
(A) by striking ``on the date'' and all that
follows through ``23'' and inserting ``to remain
eligible until they attain 26''; and
(B) by inserting ``, but in no event may a youth
participate in the program for more than 5 years
(whether or not consecutive)'' before the period.
(2) Conforming amendment.--Section 477(i)(1) of such Act
(42 U.S.C. 677(i)(1)) is amended by inserting ``who have
attained 14 years of age'' before the period.
(d) Other Improvements.--Section 477 of such Act (42 U.S.C. 677),
as amended by subsections (a), (b), and (c) of this section, is
amended--
(1) in the section heading, by striking ``independence
program'' and inserting ``program for successful transition to
adulthood'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``identify children who are
likely to remain in foster care until 18 years
of age and to help these children make the
transition to self-sufficiency by providing
services'' and inserting ``support all youth
who have experienced foster care at age 14 or
older in their transition to adulthood through
transitional services'';
(ii) by inserting ``and post-secondary
education'' after ``high school diploma''; and
(iii) by striking ``training in daily
living skills, training in budgeting and
financial management skills'' and inserting
``training and opportunities to practice daily
living skills (such as financial literacy
training and driving instruction)'';
(B) in paragraph (2), by striking ``who are likely
to remain in foster care until 18 years of age receive
the education, training, and services necessary to
obtain employment'' and inserting ``who have
experienced foster care at age 14 or older achieve
meaningful, permanent connections with a caring
adult'';
(C) in paragraph (3), by striking ``who are likely
to remain in foster care until 18 years of age prepare
for and enter postsecondary training and education
institutions'' and inserting ``who have experienced
foster care at age 14 or older engage in age or
developmentally appropriate activities, positive youth
development, and experiential learning that reflects
what their peers in intact families experience''; and
(D) by striking paragraph (4) and redesignating
paragraphs (5) through (8) as paragraphs (4) through
(7);
(3) in subsection (b)--
(A) in paragraph (2)(D), by striking
``adolescents'' and inserting ``youth''; and
(B) in paragraph (3)--
(i) in subparagraph (D)--
(I) by inserting ``including
training on youth development'' after
``to provide training''; and
(II) by striking ``adolescents
preparing for independent living'' and
all that follows through the period and
inserting ``youth preparing for a
successful transition to adulthood and
making a permanent connection with a
caring adult.'';
(ii) in subparagraph (H), by striking
``adolescents'' each place it appears and
inserting ``youth''; and
(iii) in subparagraph (K)--
(I) by striking ``an adolescent''
and inserting ``a youth''; and
(II) by striking ``the adolescent''
each place it appears and inserting
``the youth''; and
(4) in subsection (f), by striking paragraph (2) and
inserting the following:
``(2) Report to congress.--Not later than October 1, 2018,
the Secretary shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of
the Senate a report on the National Youth in Transition
Database and any other databases in which States report outcome
measures relating to children in foster care and children who
have aged out of foster care or left foster care for kinship
guardianship or adoption. The report shall include the
following:
``(A) A description of the reasons for entry into
foster care and of the foster care experiences, such as
length of stay, number of placement settings, case
goal, and discharge reason of 17-year-olds who are
surveyed by the National Youth in Transition Database
and an analysis of the comparison of that description
with the reasons for entry and foster care experiences
of children of other ages who exit from foster care
before attaining age 17.
``(B) A description of the characteristics of the
individuals who report poor outcomes at ages 19 and 21
to the National Youth in Transition Database.
``(C) Benchmarks for determining what constitutes a
poor outcome for youth who remain in or have exited
from foster care and plans the executive branch will
take to incorporate these benchmarks in efforts to
evaluate child welfare agency performance in providing
services to children transitioning from foster care.
``(D) An analysis of the association between types
of placement, number of overall placements, time spent
in foster care, and other factors, and outcomes at ages
19 and 21.
``(E) An analysis of the differences in outcomes
for children in and formerly in foster care at age 19
and 21 among States.''.
(e) Clarifying Documentation Provided to Foster Youth Leaving
Foster Care.--Section 475(5)(I) of such Act (42 U.S.C. 675(5)(I)) is
amended by inserting after ``REAL ID Act of 2005'' the following: ``,
and any official documentation necessary to prove that the child was
previously in foster care''.
Passed the House of Representatives June 20, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Improving Services for Older Youth in Foster Care Act (Sec. 2) This bill amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to revise the John H. Chafee Foster Care Independence Program to: authorize states electing to extend foster care eligibility up to age 21 to extend assistance and services to youths who have aged out of foster care but have not yet reached age 23, authorize redistribution of unexpended amounts among states that apply for additional program funds, allow states to make individuals eligible for participation in the educational and training voucher program through age 25 (but no more than 5 years), and modify congressional reporting requirements. | Improving Services for Older Youth in Foster Care Act |
SECTION 1. REPEAL OF SPECIAL TAX ON RETAIL DEALERS IN LIQUOR AND BEER,
AND ON RECTIFIERS, BREWERS, AND MANUFACTURERS OF STILLS.
(a) In General.--Part II of subchapter A of chapter 51 of the
Internal Revenue Code of 1986 (relating to occupational tax) is amended
by striking the following subparts:
(1) Subpart A (relating to rectifier).
(2) Subpart B (relating to brewer).
(3) Subpart C (relating to manufacturers of stills).
(4) Subpart D (relating to wholesale dealers).
(5) Subpart E (relating to retail dealers).
(b) Clerical and Conforming Amendments.--
(1) The table of subparts for part II of subchapter A of
chapter 51 of such Code is amended by striking items relating
to subparts A, B, C, D, and E.
(2) Subchapter B of chapter 51 of such Code is amended by
striking section 5182 (relating to cross references).
(3) The table of sections for subchapter B of chapter 51 of
such Code is amended by striking the item relating to section
5182.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 2. PROHIBITION OF ASSESSMENT AND COLLECTION OF OUTSTANDING TAXES.
Notwithstanding any other provision of law--
(1) no assessment of any tax imposed by subpart A, B, C, D,
or E of part II of subchapter A of chapter 51 of the Internal
Revenue Code of 1986 may be made after the date of the
enactment of this Act, and
(2) if such tax was assessed (but not collected) on or
before such date, such assessment shall be abated.
SEC. 3. SIMPLIFICATION OF TAX ON CERTAIN DISTILLED SPIRITS USED IN
NONBEVERAGE PRODUCTS.
(a) In General.--Subpart F of part II of subchapter A of chapter 51
of the Internal Revenue Code of 1986 (relating to nonbeverage domestic
drawback claimants) is amended to read as follows:
``Subpart F--Special Rules for Nonbeverage Domestic Products
``Sec. 5131. Eligibility and rate of tax.
``Sec. 5132. Registration and regulation.
``Sec. 5133. Investigation.
``Sec. 5134. Penalty.
``SEC. 5131. ELIGIBILITY AND RATE OF TAX.
``(a) In General.--In the case of distilled spirits on which a tax
would be determined under this subchapter (other than this subpart) but
for this section, used in the manufacture or production of medicines,
medicinal preparations, food products, flavors, flavoring extracts, or
perfume, which are unfit for beverage purposes, in lieu of the tax so
determined there is hereby imposed a tax at the rate of $1 on each
proof gallon of distilled spirits, or a proportionate tax at the like
rate on all fractional parts of a proof gallon of distilled spirits
withdrawn for the manufacture of such nonbeverage products.
``(b) Bond or Other Security.--The Secretary may require persons
eligible for the application of this subpart to file with him a bond or
other security in such amount such conditions as he shall by
regulations prescribe.
``(c) Allowance of Special Tax Rate Even Where Certain Requirements
Not Met.--Application of this shall not be denied in the case of a
failure to comply with any requirement imposed under this subpart, or
any rule or regulation issued thereunder, upon the person manufacturing
or producing the nonbeverage product set forth in subsection (a) that
distilled spirits on which the tax has been paid or determined were in
fact used in the manufacture or production of medicines, medicinal
preparations, food products, flavors, flavoring extracts, or perfume
which were unfit for beverage purposes.
``SEC. 5132. REGISTRATION AND REGULATION.
``Every person subject to the application of this subpart shall
register annually with the Secretary; keep such books and records as
may be necessary to establish the fact that distilled spirits received
by him and on which the tax has been determined were used in the
manufacture or production of medicines, medicinal preparations, food
products, flavors, flavoring extracts, or perfume which were unfit for
beverage purposes and be subject to such rules and regulations in
relations to such books and records as the Secretary shall prescribe to
secure the Treasury against frauds.
``SEC. 5133. INVESTIGATION.
``For the purpose of ascertaining the correctness of the
application of this subpart, the Secretary is authorized to examine any
books, papers, records, or memoranda as may be necessary to establish
the fact that distilled spirits received were used in the manufacture
or production of medicines, medicinal preparations, food products,
flavors, flavoring extracts, or perfume which were unfit for beverage
purposes, to require the attendance of the person or of any officer or
employee of such person or the attendance of any other person having
knowledge in the premises, to take testimony with reference to any
matter covered by the claim, and to administer oaths to any person
giving such testimony.
``SEC. 5134. PENALTY.
``(a) In General.--In the case of a failure to comply with any
requirement imposed under this subpart or any rule or regulation issued
thereunder, the taxpayer shall be liable for a penalty of $1,000 for
each failure to comply unless it is shown that the failure to comply
was due to reasonable cause.
``(b) Penalty May Not Exceed Amount of Tax Reduction.--The
aggregate amount of the penalties imposed under subsection (a) for
failures described in section 5131(c) shall not exceed the difference
between the amount of tax which would be determined under section 5131
and the amount of tax which would be determined under this subchapter
without regard to section 5131 (determined without regard to subsection
(a)).
``(c) Penalty Treated as Tax.--The penalty imposed by subsection
(b) shall be assessed, collected, and paid in the same manner as taxes,
as provided in section 6665(a).''
(b) Conforming Amendments.--
(1) Subparagraph (A) of section 5010(c)(2) is amended by
striking ``type for which'' and all that follows and inserting
the following: ``type with respect to which section 5131
applies.''
(2) Subsections (a) and (b) of section 5142 of such Code
are each amended by striking ``(except the tax imposed by
section 5131)''.
(3) Subsection (g) of section 7652 of such Code is amended
to read as follows:
``(g) Treatment of Medicinal Alcohol, Etc.--In the case of
medicines, medicinal preparations, food products, flavors, flavoring
extracts, or perfume which were unfit for beverage purposes and which
are brought into the United States from Puerto Rico or the Virgin
Islands--
``(1) subpart F of part II of subchapter A of chapter 51
shall be applied as if--
``(A) the use and tax determined described in
section 5131(a) had occurred in the United States by a
United States person at the time the article is brought
into the United States, and
``(B) the rate of tax so determined were the rate
applicable under subsection (f) of this section, and
``(2) no amount shall be covered into the treasuries of
Puerto Rico or the Virgin Islands.''
(4) The table of subparts for part II of subchapter A of
chapter 51 of such Code is amended by striking the item
relating to subpart F and inserting the following new item:
``Subpart F--Special rules for nonbeverage domestic products.''
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Amends the Internal Revenue Code to repeal the occupational tax on retail and wholesale dealers of beer and liquor and on rectifiers, brewers, and manufacturers of stills. Revises provisions regarding taxation of certain distilled spirits used in nonbeverage products, including imposition of: (1) a tax rate of one dollar per proof gallon of distilled spirits; and (2) a noncompliance penalty. Makes conforming changes with respect to such products brought into the United States from Puerto Rico and the Virgin Islands. | To amend the Internal Revenue Code of 1986 to repeal the special taxes on wholesale and retail dealers in liquor and beer, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NAFTA Accession Act''.
SEC. 2. ACCESSION OF CHILE TO THE NORTH AMERICAN FREE TRADE AGREEMENT.
Subject to section 3, the President is authorized to enter into an
agreement which provides for the accession of Chile to the North
American Free Trade Agreement and the provisions of section 151(c) of
the Trade Act of 1974 (19 U.S.C. 2191(c)) shall apply with respect to a
bill to implement such agreement if such agreement is entered into on
or before December 31, 1998.
SEC. 3. INTRODUCTION AND FAST-TRACK CONSIDERATION OF IMPLEMENTING BILL.
(a) Introduction in House and Senate.--When the President submits
to Congress a bill to implement a trade agreement described in section
2, the bill shall be introduced (by request) in the House and the
Senate as described in section 151(c) of the Trade Act of 1974 (19
U.S.C. 2191(c)).
(b) Restrictions on Content.--A bill to implement a trade agreement
described in section 2--
(1) shall contain only provisions that are necessary to
implement the trade agreement; and
(2) may not contain any provision that establishes (or
requires or authorizes the establishment of) a labor or
environmental protection standard or amends (or requires or
authorizes an amendment of) any labor or environmental
protection standard set forth in law or regulation.
(c) Point of Order in Senate.--
(1) Applicability to all legislative forms of implementing
bill.--For the purposes of this subsection, the term
``implementing bill'' means the following:
(A) The bill.--A bill described in subsection (a),
without regard to whether that bill originated in the
Senate or the House of Representatives.
(B) Amendment.--An amendment to a bill referred to
in subparagraph (A).
(C) Conference report.--A conference report on a
bill referred to in subparagraph (A).
(D) Amendment between houses.--An amendment between
the houses of Congress in relation to a bill referred
to in subparagraph (A).
(E) Motion.--A motion in relation to an item
referred to in subparagraph (A), (B), (C), or (D).
(2) Making of point of order.--
(A) Against single item.--When the Senate is
considering an implementing bill, a Senator may make a
point of order against any part of the implementing
bill that contains material in violation of a
restriction under subsection (b).
(B) Against several items.--Notwithstanding any
other provision of law or rule of the Senate, when the
Senate is considering an implementing bill, it shall be
in order for a Senator to raise a single point of order
that several provisions of the implementing bill
violate subsection (b). The Presiding Officer may
sustain the point of order as to some or all of the
provisions against which the Senator raised the point
of order.
(3) Effect of sustainment of point of order.--
(A) Against single item.--If a point of order made
against a part of an implementing bill under paragraph
(2)(A) is sustained by the Presiding Officer, the part
of the implementing bill against which the point of
order is sustained shall be deemed stricken.
(B) Against several items.--In the case of a point
of order made under paragraph (2)(B) against several
provisions of an implementing bill, only those
provisions against which the Presiding Officer sustains
the point of order shall be deemed stricken.
(C) Stricken matter not in order as amendment.--
Matter stricken from an implementing bill under this
paragraph may not be offered as an amendment to the
implementing bill (in any of its forms described in
paragraph (1)) from the floor.
(4) Waivers and appeals.--
(A) Waivers.--Before the Presiding Officer rules on
a point of order under this subsection, any Senator may
move to waive the point of order as it applies to some
or all of the provisions against which the point of
order is raised. Such a motion to waive is amendable in
accordance with the rules and precedents of the Senate.
(B) Appeals.--After the Presiding Officer rules on
a point of order under this subsection, any Senator may
appeal the ruling of the Presiding Officer on the point
of order as it applies to some or all of the provisions
on which the Presiding Officer ruled.
(C) Three-fifths majority required.--
(i) Waivers.--A point of order under this
subsection is waived only by the affirmative
vote of at least the requisite majority.
(ii) Appeals.--A ruling of the Presiding
Officer on a point of order under this
subsection is sustained unless at least the
requisite majority votes not to sustain the
ruling.
(iii) Requisite majority.--For purposes of
clauses (i) and (ii), the requisite majority is
three-fifths of the Members of the Senate, duly
chosen and sworn.
(c) Applicability of Fast Track Procedures.--Section 151 of the
Trade Act of 1974 (19 U.S.C. 2191) is amended--
(1) in subsection (b)(1)--
(A) by inserting ``section 3 of the NAFTA Accession
Act,'' after ``the Omnibus Trade and Competitiveness
Act of 1988,''; and
(B) by amending subparagraph (C) to read as
follows:
``(C) if changes in existing laws or new statutory
authority is required to implement such trade agreement
or agreements or such extension, provisions, necessary
to implement such trade agreement or agreements or such
extension, either repealing or amending existing laws
or providing new statutory authority.''; and
(2) in subsection (c)(1), by inserting ``or under section 3
of the NAFTA Accession Act,'' after ``the Uruguay Round
Agreements Act,''. | NAFTA Accession Act - Authorizes the President to enter into an agreement for the accession of Chile to the North American Free Trade Agreement (NAFTA). Applies the fast track procedures of the Trade Act of 1974 to implementing bills for trade agreements entered under this Act. | NAFTA Accession Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Sovereignty Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the quality of United States letters patent is
essential for preserving the technological lead and economic
well-being of the United States in the next century;
(2) the quality of United States letters patent is highly
dependent upon the maintenance and the comprehensiveness of
patent examiners' search files; and
(3) the quality of United States letters patent is
inextricably linked to the professionalism of patent examiners
and the quality of the training of patent examiners.
SEC. 3. SECURE PATENT EXAMINATION.
Section 3 of title 35, United States Code, is amended by adding at
the end thereof the following:
``(f) All examination and search duties for the grant of United
States letters patent are sovereign functions which shall be performed
within the United States by United States citizens who are employees of
the United States Government.''.
SEC. 4. MAINTENANCE OF EXAMINERS' SEARCH FILES.
Section 9 of title 35, United States Code, is amended--
(1) by striking ``may revise and maintain'' and inserting
``shall maintain and revise''; and
(2) by adding at the end thereof the following: ``United
States letters patent, and all such other patents and printed
publications shall be maintained in the examiners' search files
under the United States Patent Classification System.''.
SEC. 5. PATENT EXAMINER TRAINING.
(a) In General.--Chapter 1 of title 35, United States Code, is
amended by adding at the end the following new section:
``Sec. 15. Patent examiner training
``(a) In General.--All patent examiners shall spend at least 5
percent of their duty time per annum in training to maintain and
develop the legal and technological skills useful for patent
examination.
``(b) Trainers of Examiners.--The Patent and Trademark Office shall
develop an incentive program to retain as employees patent examiners of
the primary examiner grade or higher who are eligible for retirement,
for the sole purpose of training patent examiners who have not achieved
the grade of primary examiner.''.
SEC. 6. ADMINISTRATIVE MATTERS.
(a) Limitations on Personnel.--Section 3(a) of title 35, United
States Code, is amended by adding at the end thereof the following:
``The Office shall not be subject to any administratively or
statutorily imposed limitation on positions or personnel, and no
positions or personnel of the Office shall be taken into account for
purposes of applying any such limitation.''.
(b) Retention of Fees.--(1) Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after the item relating to the
National Credit Union Administration, credit union share insurance
fund, the following new item:
``Patent and Trademark Office''.
(2) Section 10101(b)(2)(B) of the Omnibus Budget Reconciliation Act
of 1990 (35 U.S.C. 41 note) is amended by striking ``, to the extent
provided in appropriation Acts,'' and inserting ``without
appropriation''.
(3) Section 42(c) of title 35, United States Code, is amended by
amending by striking first sentence and inserting the following:
``Revenues from fees shall be available to the Commissioner to carry
out the activities of the Patent and Trademark Office, in such
allocations as are approved by Act of Congress. Such revenues shall not
be made available for any purpose other than that authorized for the
Patent and Trademark Office.''.
(c) Compensation of Commissioner.--(1) Section 5314 of title 5,
United States Code, is amended by adding at the end the following:
``Under Secretary of Commerce and Commissioner of Patents
and Trademarks.''.
(2) Section 3(d) of title 35, United States Code, is amended to
read as follows:
``(d) The Commissioner of Patents and Trademarks shall be an Under
Secretary of Commerce.''.
(3) Section 5316 of title 5, United States Code, is amended by
striking ``Commissioner of Patents, Department of Commerce.''.
(d) Use of Fees.--Section 42(c) of title 35, United States Code, is
amended by adding at the end thereof the following: ``All patent
application fees collected under paragraphs (1), (3)(A), (3)(B), and
(4) through (8) of section 41(a), and all other fees collected under
section 41 for services or the extension of services to be provided by
patent examiners shall be used only for the pay and training of patent
examiners.''.
(e) Publications.--Section 11 of title 35, United States Code, is
amended by adding at the end thereof the following:
``(c) The Patent and Trademark Office shall make available for
public inspection during regular business hours all solicitations
issued by the Office for contracts for goods or services, and all
contracts for goods or services entered into by the Office.
``(d) Notice of a proposal to change United States patent law that
will be made on behalf of the United States to a foreign country or
international body shall be published in the Federal Register before,
or at the same time as, the proposal is transmitted.''.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of the enactment
of this Act. | Patent Sovereignty Act of 1997 - Amends Federal patent law to declare all examination and search duties for the grant of U.S. letters patent to be sovereign functions which shall be performed within the United States by U.S. citizens who are Government employees.
Requires (current law authorizes) the Commissioner of Patents and Trademarks to revise and maintain the classification by subject matter of all U.S. letters patent. Requires such patents, and all such other patents and printed publications, to be maintained in the examiners' search files under the U.S. Patent Classification System.
Requires all patent examiners to spend at least five percent of their annual duty time in training to maintain and develop legal and technical skills useful for patent examination. Directs the Patent and Trademark Office (Office) to develop an incentive program to retain patent examiners of primary examiner grade or higher to train other patent examiners who have not achieved such grade.
Prohibits the Office from being subject to any administratively or statutorily imposed limitations on positions or personnel. Allows patent fees to be retained by the Office to carry out its activities, including the training of patent examiners, in such allocations as approved by the Congress. Requires the Office to make public all Office solicitations for goods and services, as well as all such contracts entered into by the Office. Requires publication in the Federal Register of notice of a proposal to change U.S. patent law that will be made on behalf of the United States to a foreign country or international body. | Patent Sovereignty Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Research and
Competitiveness Act of 2015''.
SEC. 2. RESEARCH CREDIT SIMPLIFIED AND MADE PERMANENT.
(a) In General.--Section 41(a) of the Internal Revenue Code of 1986
is amended to read as follows:
``(a) In General.--For purposes of section 38, the research credit
determined under this section for the taxable year shall be an amount
equal to the sum of--
``(1) 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,
``(2) 20 percent of so much of the basic research payments
for the taxable year as exceeds 50 percent of the average basic
research payments for the 3 taxable years preceding the taxable
year for which the credit is being determined, plus
``(3) 20 percent of the amounts paid or incurred by the
taxpayer in carrying on any trade or business of the taxpayer
during the taxable year (including as contributions) to an
energy research consortium for energy research.''.
(b) Repeal of Termination.--Section 41 of such Code is amended by
striking subsection (h).
(c) Credit Allowed Against Alternative Minimum Tax in Case of
Eligible Small Business.--Section 38(c)(4)(B) of such Code is amended
by redesignating clauses (ii) through (ix) as clauses (iii) through
(x), respectively, and by inserting after clause (i) the following new
clause:
``(ii) the credit determined under section
41 for the taxable year with respect to an
eligible small business (as defined in
paragraph (5)(C), after application of rules
similar to the rules of paragraph (5)(D)),''.
(d) Conforming Amendments.--
(1) Section 41(c) of such Code is amended to read as
follows:
``(c) Determination of Average Research Expenses for Prior Years.--
``(1) Special rule in case of no qualified research
expenditures in any of 3 preceding taxable years.--In any case
in which the taxpayer has no qualified research expenses in any
one of the 3 taxable years preceding the taxable year for which
the credit is being determined, the amount determined under
subsection (a)(1) for such taxable year shall be equal to 10
percent of the qualified research expenses for the taxable
year.
``(2) Consistent treatment of expenses.--
``(A) In general.--Notwithstanding whether the
period for filing a claim for credit or refund has
expired for any taxable year taken into account in
determining the average qualified research expenses, or
average basic research payments, taken into account
under subsection (a), the qualified research expenses
and basic research payments taken into account in
determining such averages shall be determined on a
basis consistent with the determination of qualified
research expenses and basic research payments,
respectively, for the credit year.
``(B) Prevention of distortions.--The Secretary may
prescribe regulations to prevent distortions in
calculating a taxpayer's qualified research expenses or
basic research payments caused by a change in
accounting methods used by such taxpayer between the
current year and a year taken into account in
determining the average qualified research expenses or
average basic research payments taken into account
under subsection (a).''.
(2) Section 41(e) of such Code is amended--
(A) by striking all that precedes paragraph (6) and
inserting the following:
``(e) Basic Research Payments.--For purposes of this section--
``(1) In general.--The term `basic research payment' means,
with respect to any taxable year, any amount paid in cash
during such taxable year by a corporation to any qualified
organization for basic research but only if--
``(A) such payment is pursuant to a written
agreement between such corporation and such qualified
organization, and
``(B) such basic research is to be performed by
such qualified organization.
``(2) Exception to requirement that research be performed
by the organization.--In the case of a qualified organization
described in subparagraph (C) or (D) of paragraph (3),
subparagraph (B) of paragraph (1) shall not apply.'',
(B) by redesignating paragraphs (6) and (7) as
paragraphs (3) and (4), respectively, and
(C) in paragraph (4), as so redesignated, by
striking subparagraphs (B) and (C) and by redesignating
subparagraphs (D) and (E) as subparagraphs (B) and (C),
respectively.
(3) Section 41(f)(3) of such Code is amended--
(A)(i) by striking ``, and the gross receipts'' in
subparagraph (A)(i) and all that follows through
``determined under clause (iii)'',
(ii) by striking clause (iii) of subparagraph (A)
and redesignating clauses (iv), (v), and (vi), thereof,
as clauses (iii), (iv), and (v), respectively,
(iii) by striking ``and (iv)'' each place it
appears in subparagraph (A)(iv) (as so redesignated)
and inserting ``and (iii)'',
(iv) by striking subclause (IV) of subparagraph
(A)(iv) (as so redesignated), by striking ``, and'' at
the end of subparagraph (A)(iv)(III) (as so
redesignated) and inserting a period, and by adding
``and'' at the end of subparagraph (A)(iv)(II) (as so
redesignated),
(v) by striking ``(A)(vi)'' in subparagraph (B) and
inserting ``(A)(v)'',
(vi) by striking ``(A)(iv)(II)'' in subparagraph
(B)(i)(II) and inserting ``(A)(iii)(II)'',
(B) by striking ``, and the gross receipts of the
predecessor,'' in subparagraph (A)(iv)(II) (as so
redesignated),
(C) by striking ``, and the gross receipts of,'' in
subparagraph (B),
(D) by striking ``, or gross receipts of,'' in
subparagraph (B)(i)(I), and
(E) by striking subparagraph (C) and inserting the
following new subparagraph:
``(C) Adjustments for basic research payments.--In
the case of basic research payments, rules similar to
the rules of subparagraph (A) and (B) shall apply.''.
(4) Section 41(f)(4) of such Code is amended by striking
``and gross receipts'' and inserting ``and basic research
payments''.
(5) Section 45C(b)(1) of such Code is amended by striking
subparagraph (D).
(6) Section 45C(c)(2) of such Code is amended--
(A) by striking ``base period research expenses''
and inserting ``average qualified research expenses'',
and
(B) by striking ``base period research expenses''
in the heading and inserting ``average qualified
research expenses''.
(7) Section 280C(c) of such Code is amended--
(A) by striking ``basic research expenses (as
defined in section 41(e)(2))'' in paragraph (1) and
inserting ``basic research payments (as defined in
section 41(e)(1))'', and
(B) by striking ``basic research expenses'' in
paragraph (2)(B) and inserting ``basic research
payments''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2014.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to amounts paid or incurred after December 31,
2014.
SEC. 3. BUDGETARY EFFECTS.
The budgetary effects of this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
Passed the House of Representatives May 20, 2015.
Attest:
KAREN L. HAAS,
Clerk. | American Research and Competitiveness Act of 2015 (Sec. 2) This bill revises and makes permanent after 2014 the research tax credit. The rate of such credit is modified to equal the sum of 20% of so much of the qualified research expenses for the taxable year as exceeds 50% of the average qualified research expenses for the three preceding taxable years, 20% of so much of the basic research payments for the taxable year as exceeds 50% of the average basic research payments for the three preceding taxable years, plus 20% of amounts paid by a business taxpayer to an energy research consortium for energy research. If a taxpayer has no qualified research expenses in any of the three preceding taxable years, the rate of the tax credit is reduced to 10% of current research expenses. The bill also provides that in the case of an eligible small business (i.e., a corporation whose stock is not publicly traded, a partnership, or a sole proprietorship with annual gross receipts not exceeding $50 million in a three-year period), the research credit may offset alternative minimum tax liability. (Sec. 3) The bill prohibits the entry of the budgetary effects of this Act on either PAYCO scorecard under the Statutory Pay-As-You-Go Act of 2010. | American Research and Competitiveness Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Better On-line Ticket Sales Act of
2016'' or the ``BOTS Act''.
SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO USE OF
TICKET ACCESS CIRCUMVENTION SOFTWARE.
(a) Sale of Software.--It shall be unlawful for any person to sell
or offer to sell, in commerce, any computer software, or part thereof,
that--
(1) is primarily designed or produced for the purpose of
circumventing a technological measure that limits purchases
made via a computerized event ticketing system;
(2) has only limited commercially significant purpose or
use other than to circumvent a technological measure that
limits purchases made via a computerized event ticketing
system; or
(3) is marketed by that person for use in circumventing a
technological measure that limits purchases made via a
computerized event ticketing system.
(b) Use of Software.--It shall be unlawful for any person to use
any computer software, or part thereof, described in subsection (a) of
this section, to purchase an event ticket via a computerized event
ticketing system in violation of the system operator's posted limits on
the sequence or number of transactions, frequency of transactions, or
quantity of tickets purchased by a single user of the system, or on the
geographic location of any transactions.
(c) Resale of Tickets.--It shall be unlawful for any person to
engage in the practice of reselling in commerce, event tickets acquired
in violation of subsection (b) of this section if the person either--
(1) participated directly in or had the ability to control
the conduct in violation of subsection (b); or
(2) knew or should have known that the event tickets were
acquired in violation of subsection (b).
(d) Definitions.--As used in this section--
(1) the term ``computerized event ticketing system'' means
a system of selling event tickets, in commerce, via an online
interactive computer system that effectively limits the
sequence or number of ticket purchase transactions, frequency
of ticket purchase transactions, quantity of tickets purchased,
or geographic location of any ticket purchase transactions;
(2) the term ``event ticket'' means a ticket entitling one
or more individuals to attend, in person, one or more events to
occur on specific dates, times, and geographic locations; and
(3) to ``circumvent a technological measure'' means to
avoid, bypass, remove, deactivate, or impair a technological
measure, without the authority of the computerized event
ticketing system operator.
(e) Rule of Construction.--Notwithstanding the prohibitions set
forth in subsections (a) and (b), it shall not be unlawful under this
section to create or use any computer software, or part thereof, to--
(1) investigate or further the enforcement or defense of
any alleged violation of this section; or
(2) engage in research necessary to identify and analyze
flaws and vulnerabilities of a computerized event ticketing
system, if these research activities are conducted to advance
the state of knowledge in the field of computer system security
or to assist in the development of computer security products.
(f) Enforcement by the Federal Trade Commission.--A violation of
subsection (a), (b), or (c) shall be treated as an unfair and deceptive
act or practice in violation of a regulation issued under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(g) Enforcement by States.--
(1) Authorization.--Subject to paragraph (2), in any case
in which the attorney general of a State has reason to believe
that an interest of the residents of the State has been or is
threatened or adversely affected by a violation of subsection
(a), (b), or (c), the attorney general of the State may, as
parens patriae, bring a civil action on behalf of the residents
of the State in an appropriate district court of the United
States to obtain appropriate relief.
(2) Rights of federal trade commission.--
(A) Notice to ftc.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Federal Trade Commission in
writing that the attorney general intends to
bring a civil action under paragraph (1) before
initiating the civil action against a person
for a violation of subsection (a), (b), or (c).
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by the ftc.--The Federal Trade
Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening, be heard on all
matters arising in the civil action, and file
petitions for appeal of a decision in the civil
action.
(3) Pending action by the federal trade commission.--If the
Federal Trade Commission institutes a civil action or an
administrative action with respect to a violation of subsection
(a), (b), or (c), the attorney general of a State may not,
during the pendency of such action, bring a civil action under
paragraph (1) against any defendant named in the complaint of
the Commission for the violation with respect to which the
Commission instituted such action.
Passed the House of Representatives September 12, 2016.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on September 9, 2016. Better On-line Ticket Sales Act of 2016 or the BOTS Act (Sec. 2) This bill prohibits the sale of computer software that: (1) is primarily designed to circumvent technology that limits purchases made via an online ticket selling system, (2) has only a limited commercially significant purpose other than for such circumvention, or (3) is marketed to use for such circumvention. The bill also prohibits the use of such circumvention software in violation of a system operator's posted limits on: (1) the quantity of tickets purchased by a single user; (2) the sequence, number, or frequency of transactions; or (3) the geographic location of transactions. In addition, the bill makes it unlawful to resell in commerce tickets that were acquired through such a prohibited use of circumvention software if the reseller participated in, had the ability to control, or should have known about the violation. It shall not be unlawful, however, to create or use software to: (1) investigate or further the enforcement or defense of any alleged violation of this bill, or (2) identify and analyze flaws and vulnerabilities of a computerized event ticketing system if these activities are conducted to advance the state of knowledge in the field of computer system security or to assist in the development of computer security products. Violations shall be treated as unfair and deceptive acts or practices under the Federal Trade Commission Act. The Federal Trade Commission and state attorneys general may enforce against violations. | BOTS Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cuba Agricultural Exports Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has a long history of providing safe
and reliable exports. Close proximity to Cuba further lends
itself to low transportation costs for United States goods
exported to Cuba. The United States is geographically poised to
be a significant trading partner in agricultural commodities.
United States and Cuban borders are less than 100 miles apart,
meaning lower shipping costs and shorter transit times compared
to our competitors.
(2) Cuba imports approximately 80 percent of its food, with
global agricultural exports to Cuba doubling over the past
decade to $1.9 billion.
(3) In 2005, the United States Department of the Treasury
published a final rule narrowing the definition of ``cash in
advance'' for trading with Cuba, requiring that cash payments
must be made before United States products leave United States
ports, rather than the more customary payment upon delivery.
United States firms are precluded from offering credit to
ALIMPORT, a state-owned and state-controlled entity that makes
all decisions regarding United States imports to the Cuban
market, resulting in declining United States agricultural
exports to Cuba. Notably, rice exports fell from a value of $64
million in 2004 to essentially $0 in 2009 and subsequent years.
Recent action by the Administration reverses that change to the
definition of cash in advance, but United States agricultural
exporters are still not permitted to extend credit to Cuban
buyers, a key disadvantage relative to other exporting nations.
(4) Despite these restrictions, the United States has been
the largest exporter of agricultural goods to Cuba over the
last decade. However, the United States slipped to being the
second leading exporter of agricultural goods to Cuba in 2013
and the third leading exporter of agricultural goods to Cuba in
2014.
(5) While trade opportunities exist, Cuba remains an
undemocratic autocracy that oppresses its own people and
restricts freedom.
(6) In addition, there is no opportunity for United States
agricultural businesses to trade directly with the Cuban people
and there is no Cuban market. At present, there is just one
opportunity for United States businesses to trade with Cuba and
that is through ALIMPORT, the state-owned and state-controlled
entity described in paragraph (3).
(7) With these cautionary factors in mind, it is important
to provide United States farmers and ranchers additional
opportunities to benefit from trade with Cuba.
SEC. 3. MODIFICATION OF PROHIBITION ON UNITED STATES ASSISTANCE AND
FINANCING FOR CERTAIN EXPORTS TO CUBA UNDER THE TRADE
SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000.
(a) Assistance for Exports to Cuba.--Section 908 of the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207) is
amended--
(1) in the section heading, by striking ``and financing'';
(2) by striking subsection (b);
(3) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as
subsections (b) and (c), respectively, and by moving
such subsections, as so redesignated, 2 ems to the
left; and
(B) by adding at the end of subsection (a) the
following:
``(2) Exception for certain programs.--
``(A) In general.--Subject to subparagraph (B),
paragraph (1) shall not apply with respect to exports
to Cuba under section 202 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5622), section 203 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5623), or
section 702 of the Agricultural Trade Act of 1978 (7
U.S.C. 5722), including any obligation or expenditure
of funds by Federal commodity promotion programs
established in accordance with a commodity promotion
law, as defined by section 501(a) of the Federal
Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7401(a)).
``(B) Restriction on certain recipients.--The
exception under subparagraph (A) shall not apply if the
recipient of the United States assistance would be an
entity controlled by the Government of Cuba, including
the Revolutionary Armed Forces of Cuba, the Ministry of
the Interior of Cuba, or any subdivision of either
governmental entity.'';
(4) in subsection (b), as so redesignated, by striking
``paragraph (1)'' and inserting ``subsection (a)''; and
(5) in subsection (c), as so redesignated, by striking
``paragraph (1)'' and inserting ``subsection (a)(1)''.
(b) Financing of Sales of Agricultural Commodities to Cuba.--
(1) In general.--Notwithstanding any other provision of law
(other than section 908 of the Trade Sanctions Reform and
Export Enhancement Act of 2000 (22 U.S.C. 7207), as amended by
subsection (a)), a person subject to the jurisdiction of the
United States may provide payment or financing terms for sales
of agricultural commodities to Cuba or an individual or entity
in Cuba.
(2) Definitions.--In this section:
(A) Agricultural commodity.--The term
``agricultural commodity'' has the meaning given the
term in section 102 of the Agricultural Trade Act of
1978 (7 U.S.C. 5602).
(B) Financing.--The term ``financing'' includes any
loan or extension of credit.
(c) Effective Date.--The amendments made by this section take
effect on the date of the enactment of this Act and apply with respect
to exports to Cuba on or after such date of enactment.
SEC. 4. AUTHORITY OF PERSONS SUBJECT TO THE JURISDICTION OF THE UNITED
STATES TO INVEST WITH RESPECT TO CERTAIN AGRICULTURAL
BUSINESS IN CUBA.
(a) In General.--Notwithstanding any other provision of law, a
person subject to the jurisdiction of the United States may make an
investment with respect to the development of an agricultural business
in Cuba if the Secretary of State and Secretary of Agriculture jointly
determine that--
(1) the agricultural business is not controlled by the
Government of Cuba, including the Revolutionary Armed Forces of
Cuba, the Ministry of the Interior of Cuba, or any subdivision
of either governmental entity; and
(2) the agricultural business does not traffic in property
of persons subject to the jurisdiction of the United States
which was confiscated by the Cuban Government on or after
January 1, 1959.
(b) Definitions.--In this section:
(1) Agricultural business.--The term ``agricultural
business'' means any entity involved in the production,
manufacture, or distribution of agricultural products (as such
term is defined in section 207 of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1626)).
(2) Confiscated, cuban government, property, and traffic.--
The terms ``confiscated'', ``Cuban Government'', ``property'',
and ``traffic'' have the meaning given such terms in section 4
of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act
of 1996 (22 U.S.C. 6023).
(3) Investment.--The term ``investment'', with respect to
the development of an agricultural business in Cuba, means--
(A) entry into a contract involving the purchase of
a share of ownership, including an equity interest, in
the development of the agricultural business;
(B) entry into a contract providing for
participation in royalties, earnings, or profits in the
development of the agricultural business; or
(C) entry into, or performance or financing of, a
contract to sell goods, services, or technology
relating to the agricultural business. | Cuba Agricultural Exports Act This bill amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to exempt from prohibitions against U.S. assistance to Cuba any exports under the market access program, the export credit guarantee program, and the foreign market development cooperator program, including any federal commodity promotion program obligations or expenditures of funds. This exemption shall not apply if the U.S. assistance recipient would be an entity controlled by the Cuban government, including the armed forces, the Ministry of the Interior, or any subdivision of either governmental entity. A person subject to U.S. jurisdiction may invest in the development of an agricultural business in Cuba if the Department of State and the Department of Agriculture jointly determine that the agricultural business: is not controlled by the government of Cuba, including the armed forces, the Ministry of the Interior, or any subdivision of either governmental entity; and does not traffic in property of persons subject to U.S. jurisdiction which was confiscated by Cuba on or after January 1, 1959. Certain language limiting financing of agricultural sales to Cuba is repealed. | Cuba Agricultural Exports Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast and Cervical Cancer Treatment
Act of 1998''.
SEC. 2. OPTIONAL MEDICAID COVERAGE OF CERTAIN BREAST OR CERVICAL CANCER
PATIENTS.
(a) Coverage as Optional Categorically Needy Group.--Section
1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(ii)) is amended--
(1) in subclause (XIII), by striking ``or'' at the end;
(2) in subclause (XIV), by adding ``or'' at the end; and
(3) by adding at the end the following:
``(XV) who are described in
subsection (aa)(1) (relating to certain
breast or cervical cancer patients);''.
(b) Group and Benefit Described.--Section 1902 of the Social
Security Act (42 U.S.C. 1396a) is amended by adding at the end the
following:
``(aa)(1) Individuals described in this paragraph are individuals
who--
``(A) are not described in subsection (a)(10)(A)(i);
``(B) have not attained age 65;
``(C) satisfy income and resource requirements to be
treated as a low-income woman for purposes of being given
priority under section 1504 of the Public Health Service Act
(42 U.S.C. 300n); and
``(D) are not otherwise covered under creditable coverage,
as defined in section 2701(c) of the Public Health Service Act
(45 U.S.C. 300gg(c)).
``(2) For purposes of this title, the term `breast or cervical
cancer-related treatment services' means services that are medically
necessary or appropriate for the treatment of breast or cervical cancer
and complications arising from such treatment and for which medical
assistance is made available under the State plan to individuals
described in subsection (a)(10)(A)(i).''.
(c) Presumptive Eligibility.--
(1) In general.--Title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) is amended by inserting after section
1920A the following:
``presumptive eligibility for certain breast or cervical cancer
patients
``Sec. 1920B. (a) State Option.--A State plan approved under
section 1902 may provide for making medical assistance for breast or
cervical cancer-related treatment services available to an individual
described in section 1902(aa)(1) (relating to certain breast or
cervical cancer patients) during a presumptive eligibility period.
``(b) Definitions.--For purposes of this section:
``(1) Presumptive eligibility period.--The term
`presumptive eligibility period' means, with respect to an
individual described in subsection (a), the period that--
``(A) begins with the date on which a qualified
entity determines, on the basis of preliminary
information, that the individual is described in
section 1902(aa)(1), and
``(B) ends with (and includes) the earlier of--
``(i) the day on which a determination is
made with respect to the eligibility of such
individual for services under the State plan,
or
``(ii) in the case of such an individual
who does not file an application by the last
day of the month following the month during
which the entity makes the determination
referred to in subparagraph (A), such last day.
``(2) Qualified entity.--
``(A) In general.--Subject to subparagraph (B), the
term `qualified entity' means any entity that--
``(i) is eligible for payments under a
State plan approved under this title and
provides breast or cervical cancer-related
treatment services; and
``(ii) is determined by the State agency to
be capable of making determinations of the type
described in paragraph (1)(A).
``(B) Regulations.--The Secretary may issue
regulations further limiting those entities that may
become qualified entities in order to prevent fraud and
abuse and for other reasons.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed as preventing a State from
limiting the classes of entities that may become
qualified entities, consistent with any limitations
imposed under subparagraph (B).
``(c) Administration.--
``(1) In general.--The State agency shall provide qualified
entities with--
``(A) such forms as are necessary for an
application to be made by an individual described in
subsection (a) for medical assistance under the State
plan, and
``(B) information on how to assist such individuals
in completing and filing such forms.
``(2) Notification requirements.--A qualified entity that
determines under subsection (b)(1)(A) that an individual
described in subsection (a) is presumptively eligible for
medical assistance for breast or cervical cancer-related
treatment services under a State plan shall--
``(A) notify the State agency of the determination
within 5 working days after the date on which
determination is made, and
``(B) inform such individual at the time the
determination is made that an application for medical
assistance under the State plan is required to be made
by not later than the last day of the month following
the month during which the determination is made.
``(3) Application for medical assistance.--In the case of
an individual described in subsection (a) who is determined by
a qualified entity to be presumptively eligible for medical
assistance for breast or cervical cancer-related treatment
services under a State plan, the individual shall apply for
medical assistance under such plan by not later than the last
day of the month following the month during which the determination is
made.
``(d) Payment.--Notwithstanding any other provision of this title,
medical assistance for breast or cervical cancer-related treatment
services that--
``(1) are furnished to an individual described in
subsection (a)--
``(A) during a presumptive eligibility period,
``(B) by an entity that is eligible for payments
under the State plan; and
``(2) are included in the care and services covered by the
State plan;
shall be treated as medical assistance provided by such plan for
purposes of section 1903(a)(5)(B).''.
(2) Presumptive eligibility conforming amendments.--
(A) Section 1902(a)(47) of the Social Security Act
(42 U.S.C. 1396a(a)(47)) is amended by inserting before
the semicolon at the end the following: ``and provide
for making medical assistance for breast or cervical
cancer-related treatment services available to
individuals described in subsection (a) of section
1920B during a presumptive eligibility period in
accordance with such section''.
(B) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C.
1396b(u)(1)(D)(v)) is amended--
(i) by striking ``or for'' and inserting
``, for''; and
(ii) by inserting before the period the
following: ``, or for medical assistance for
breast or cervical cancer-related treatment
services provided to an individual described in
subsection (a) of section 1920B during a
presumptive eligibility period under such
section''.
(d) Enhanced Match.--Section 1903(a)(5) of the Social Security Act
(42 U.S.C. 1396b(a)(5)) is amended--
(1) by striking ``an'' and inserting ``(A) an'';
(2) by adding ``plus'' after the semicolon; and
(3) by adding at the end the following:
``(B) an amount equal to 75 percent of the sums expended
during such quarter which are attributable to the offering,
arranging, and furnishing (directly or on a contract basis) of
breast or cervical cancer-related treatment services; plus''.
(e) Limitation on Benefits.--Section 1902(a)(10) of the Social
Security Act (42 U.S.C. 1396a(a)(10)) is amended in the matter
following subparagraph (F)--
(1) by striking ``and (XIII)'' and inserting ``(XIII)'';
and
(2) by inserting before the semicolon at the end the
following: ``, and (XIV) the medical assistance made available
to an individual described in subsection (aa)(1) who is
eligible for medical assistance only because of subparagraph
(A)(ii)(XV) shall be limited to medical assistance for breast
or cervical cancer-related treatment services''.
(f) Conforming Amendments.--Section 1905(a) of the Social Security
Act (42 U.S.C. 1396d(a)) is amended in the matter preceding paragraph
(1)--
(1) in clause (x), by striking ``or'' at the end;
(2) in clause (xi), by adding ``or'' at the end; and
(3) by inserting after clause (xi) the following:
``(xii) individuals described in section 1902(aa)(1),''.
(g) Effective Date.--The amendments made by this section apply to
medical assistance furnished on or after October 1, 1998, without
regard to whether or not final regulations to carry out such amendments
have been promulgated by such date. | Breast and Cervical Cancer Treatment Act of 1998 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of making medical assistance for breast and cervical cancer-related treatment services available to certain low-income women without creditable coverage during a presumptive eligibility period. Provides for an enhanced match with regard to such treatment services. | Breast and Cervical Cancer Treatment Act of 1998 |
SECTION 1. PHASE-OUT OF TAX SUBSIDIES FOR ALCOHOL FUELS PRODUCED FROM
FEEDSTOCKS ELIGIBLE TO RECEIVE FEDERAL AGRICULTURAL
SUBSIDIES.
(a) Alcohol Fuels Credit.--Section 40 of the Internal Revenue Code
of 1986 (relating to credit for alcohol used as a fuel) is amended by
adding at the end the following new subsection:
``(g) Phase-Out of Credit for Alcohol Produced From Feedstocks
Eligible To Receive Federal Agricultural Subsidies.--
``(1) In general.--No credit shall be allowed under this
section with respect to any alcohol, or fuel containing
alcohol, which is produced from any feedstock which is a
subsidized agricultural commodity.
``(2) Phase-in of disallowance.--In the case of taxable
years beginning in 1995 and 1996, paragraph (1) shall not apply
and the credit determined under this section with respect to
alcohol or fuels described in paragraph (1) shall be equal to
67 percent (33 percent in the case of taxable years beginning
in 1996) of the credit determined without regard to this
subsection.
``(3) Subsidized agricultural commodity.--For purposes of
this subsection, the term `subsidized agricultural commodity'
means any agricultural commodity which is supported, or is
eligible to be supported, by a price support or production
adjustment program carried out by the Secretary of
Agriculture.''.
(b) Excise Tax Reduction.--
(1) Petroleum products.--Section 4081(c) of the Internal
Revenue Code of 1986 (relating to taxable fuels mixed with
alcohol) is amended by redesignating paragraph (8) as paragraph
(9) and by adding after paragraph (7) the following new
paragraph:
``(8) Phase-out of subsidy for alcohol produced from
feedstocks eligible to receive federal agricultural
subsidies.--
``(A) In general.--This subsection shall not apply
to any qualified alcohol mixture containing alcohol
which is produced from any feedstock which is a
subsidized agricultural commodity.
``(B) Phase-in of disallowance.--In the case of
calendar years 1995 and 1996, the rate of tax under
subsection (a) with respect to any qualified alcohol
mixture described in subparagraph (A) shall be equal to
the sum of--
``(i) the rate of tax determined under this
subsection (without regard to this paragraph),
plus
``(ii) 33 percent (67 percent in the case
of 1996) of the difference between the rate of
tax under subsection (a) determined with and
without regard to this subsection.
``(C) Subsidized agricultural commodity.--For
purposes of this paragraph, the term `subsidized
agricultural commodity' means any agricultural
commodity which is supported, or is eligible to be
supported, by a price support or production adjustment
program carried out by the Secretary of Agriculture.''.
(2) Special fuels.--Section 4041 (relating to tax on
special fuels) is amended by adding at the end the following
new subsection:
``(n) Phase-Out of Subsidy for Alcohol Produced From Feedstocks
Eligible To Receive Federal Agricultural Subsidies.--
``(1) In general.--Subsections (b)(2), (k), and (m) shall
not apply to any alcohol fuel containing alcohol which is
produced from any feedstock which is a subsidized agricultural
commodity.
``(2) Phase-in of disallowance.--In the case of calendar
years 1995 and 1996, the rate of tax determined under
subsection (b)(2), (k), or (m) with respect to any alcohol fuel
described in paragraph (1) shall be equal to the sum of--
``(A) the rate of tax determined under such
subsection (without regard to this subsection), plus
``(B) 33 percent (67 percent in the case of 1996)
of the difference between the rate of tax under this
section determined with and without regard to
subsection (b)(2), (k), or (m), whichever is
applicable.
``(3) Subsidized agricultural commodity.--For purposes of
this subsection, the term `subsidized agricultural commodity'
means any agricultural commodity which is supported, or is
eligible to be supported, by a price support or production
adjustment program carried out by the Secretary of
Agriculture.''.
(3) Aviation fuel.--Section 4084(c) (relating to reduced
rate of tax for aviation fuel in alcohol mixture) is amended by
redesignating paragraph (5) as paragraph (6) and by inserting
after paragraph (4) the following new paragraph:
``(5) Phase-out of subsidy for alcohol produced from
feedstocks eligible to receive federal agricultural
subsidies.--
``(A) In general.--This subsection shall not apply
to any mixture of aviation fuel containing alcohol
which is produced from any feedstock which is a
subsidized agricultural commodity.
``(B) Phase-in of disallowance.--In the case of
calendar years 1995 and 1996, the rate of tax under
subsection (a) with respect to any mixture of aviation
fuel described in subparagraph (A) shall be equal to
the sum of--
``(i) the rate of tax determined under this
subsection (without regard to this paragraph),
plus
``(ii) 33 percent (67 percent in the case
of 1996) of the difference between the rate of
tax under subsection (a) determined with and
without regard to this subsection.
``(C) Subsidized agricultural commodity.--For
purposes of this paragraph, the term `subsidized
agricultural commodity' means any agricultural
commodity which is supported, or is eligible to be
supported, by a price support or production adjustment
program carried out by the Secretary of Agriculture.''.
(c) Effective Dates.--
(1) Credit.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1994.
(2) Excise taxes.--
(A) In general.--The amendments made by subsection
(b) shall take effect on January 1, 1995.
(B) Floor stock tax.--
(i) In general.--In the case of any alcohol
fuel in which tax was imposed under section
4041, 4081, or 4091 of the Internal Revenue
Code of 1986 before any tax-increase date, and
which is held on such date by any person, then
there is hereby imposed a floor stock tax on
such fuel equal to the difference between the
tax imposed under such section on such date and
the tax so imposed.
(ii) Liability for tax and method of
payment.--A person holding an alcohol fuel on
any tax-increase date shall be liable for such
tax, shall pay such tax no later than 90 days
after such date, and shall pay such tax in such
manner as the Secretary may prescribe.
(iii) Exceptions.--The tax imposed by
clause (i) shall not apply--
(I) to any fuel held in the tank of
a motor vehicle or motorboat, or
(II) to any fuel held by a person
if, on the tax-increase date, the
aggregate amount of fuel held by such
person and any related persons does not
exceed 2,000 gallons.
(iv) Tax-increase date.--For purposes of
this subparagraph, the term ``tax-increase
date'' means January 1, 1995, and January 1,
1996.
(v) Other laws applicable.--All provisions
of law, including penalties applicable with
respect to the taxes imposed by sections 4041,
4081, and 4091 of such Code shall, insofar as
applicable and not inconsistent with the
provisions of this subparagraph, apply with
respect to the floor stock taxes imposed by
clause (i). | Amends the Internal Revenue Code to phase out the tax subsidies for alcohol fuels produced from feedstocks which are eligible to receive Federal agricultural subsidies. | A bill to amend the Internal Revenue Code of 1986 to phase out the tax subsidies for alcohol fuels involving alcohol produced from feedstocks eligible to receive Federal agricultural subsidies. |