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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.