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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Shortage Response Act of
2004''.
SEC. 2. INCREASED QUALIFIED LOAN AMOUNTS.
(a) FFEL Loans.--Section 428J(c) of the Higher Education Act of
1965 (20 U.S.C. 1078-10(c)) is amended by adding at the end the
following new paragraph:
``(3) Increased amounts for teachers in mathematics,
science, or special education.--
``(A) Service qualifying for increased amounts.--
Notwithstanding the amount specified in paragraph (1),
the aggregate amount that the Secretary shall repay
under this section shall not be more than $17,500 in
the case of--
``(i) a secondary school teacher--
``(I) who meets the requirements of
subsection (b), subject to subparagraph
(D) of this paragraph; and
``(II) whose qualifying employment
for purposes of such subsection has
been teaching mathematics or science on
a full-time basis;
``(ii) an elementary or secondary school
teacher--
``(I) who meets the requirements of
subsection (b), subject to subparagraph
(D) of this paragraph;
``(II) whose qualifying employment
for purposes of such subsection has
been as a special education teacher
whose primary responsibility is to
provide special education to children
with disabilities (as those terms are
defined in section 602 of the
Individuals with Disabilities Act); and
``(III) who, as certified by the
chief administrative officer of the
public or nonprofit private elementary
or secondary school in which the
borrower is employed, is teaching
children with disabilities that
correspond with the borrower's special
education training and has demonstrated
knowledge and teaching skills in the
content areas of the elementary or
secondary school curriculum that the
borrower is teaching; and
``(iii) an elementary or secondary school
teacher who primarily teaches reading and--
``(I) who meets the requirements of
subsection (b), subject to subparagraph
(D) of this paragraph;
``(II) who has obtained a separate
reading instruction credential from the
State in which the teacher is employed;
and
``(III) who is certified by the
chief administrative officer of the
public or nonprofit private elementary
or secondary school in which the
borrower is employed to teach reading--
``(aa) as being proficient
in teaching the essential
components of reading
instruction as defined in
section 1208 of the Elementary
and Secondary Education Act of
1965; and
``(bb) as having such
credential.
``(B) Accelerated payment.--Notwithstanding the
requirements of subsection (b)(1) and paragraph (1) of
this subsection that 5 consecutive complete years of
service have been completed prior to the receipt of
loan forgiveness, in the case of service described in
subparagraph (A) of this paragraph, the Secretary shall
repay a portion of a borrower's loan obligation
outstanding at the commencement of the qualifying
service under this subsection, not to exceed a total of
$17,500, in the following increments:
``(i) up to $1,750, or 10 percent of such
outstanding loan obligation, whichever is less,
at the completion of the second year of such
service;
``(ii) up to $2,625, or 15 percent of such
outstanding loan obligation, whichever is less,
at the completion of the third year of such
service;
``(iii) up to $4,375, or 25 percent of such
outstanding loan obligation, whichever is less,
at the completion of the fourth year of such
service; and
``(iv) up to $8,750, or 50 percent of such
outstanding loan obligation, whichever is less,
at the completion of the fifth year of such
service.
``(C) Promise to complete service required for
accelerated payment.--Any borrower who receives
accelerated payment under this paragraph shall enter
into an agreement to continue in the qualifying service
for not less than 5 consecutive complete school years,
or, upon a failure to complete such 5 years, to repay
the United States, in accordance with regulations
prescribed by the Secretary, the amount of the loans
repaid by the Secretary under this paragraph, together
with interest thereon and, to the extent required in
such regulations, the reasonable costs of collection.
Such regulations may provide for waiver by the
Secretary of such repayment obligations upon proof of
economic hardship as specified in such regulations.
``(D) Higher poverty enrollment required.--In order
to qualify for an increased repayment amount under this
paragraph, section 465(a)(2)(A) shall, for purposes of
subsection (b)(1)(A) of this section, be applied by
substituting `40 percent of the total enrollment' for
`30 percent of the total enrollment'.''.
(b) Direct Loans.--Section 460(c) of the Higher Education Act of
1965 (20 U.S.C. 1087j(c)) is amended by adding at the end the following
new paragraph:
``(3) Increased amounts for teachers in mathematics,
science, or special education.--
``(A) Service qualifying for increased amounts.--
Notwithstanding the amount specified in paragraph (1),
the aggregate amount that the Secretary shall repay
under this section shall not be more than $17,500 in
the case of--
``(i) a secondary school teacher--
``(I) who meets the requirements of
subsection (b)(1), subject to
subparagraph (D) of this paragraph; and
``(II) whose qualifying employment
for purposes of such subsection has
been teaching mathematics or science on
a full-time basis;
``(ii) an elementray or secondary school
teacher--
``(I) who meets the requirements of
subsection (b)(1), subject to
subparagraph (D) of this paragraph;
``(II) whose qualifying employment
for purposes of such subsection has
been as a special education teacher
whose primary responsibility is to
provide special education to children
with disabilities (as those terms are
defined in section 602 of the
Individuals with Disabilities Act); and
``(III) who, as certified by the
chief administrative officer of the
public or nonprofit private elementary
or secondary school in which the
borrower is employed, is teaching
children with disabilities that
correspond with the borrower's special
education training and has demonstrated
knowledge and teaching skills in the
content areas of the elementary or
secondary school curriculum that the
borrower is teaching; and
``(iii) an elementary or secondary school
teacher who primarily teaches reading and--
``(I) who meets the requirements of
subsection (b), subject to subparagraph
(D) of this paragraph;
``(II) who has obtained a separate
reading instruction credential from the
State in which the teacher is employed;
and
``(III) who is certified by the
chief administrative officer of the
public or nonprofit private elementary
or secondary school in which the
borrower is employed to teach reading--
``(aa) as being proficient
in teaching the essential
components of reading
instruction as defined in
section 1208 of the Elementary
and Secondary Education Act of
1965; and
``(bb) as having such
credential.
``(B) Accelerated payment.--Notwithstanding the
requirements of subsection (b)(1)(A) and paragraph (1)
of this subsection that 5 consecutive complete years of
service have been completed prior to the receipt of
loan forgiveness, in the case of service described in
subparagraph (A) of this paragraph, the Secretary shall
repay a portion of a borrower's loan obligation
outstanding at the commencement of the qualifying
service under this subsection, not to exceed a total of
$17,500, in the following increments:
``(i) up to $1,750, or 10 percent of such
outstanding loan obligation, whichever is less,
at the completion of the second year of such
service;
``(ii) up to $2,625, or 15 percent of such
outstanding loan obligation, whichever is less,
at the completion of the third year of such
service;
``(iii) up to $4,375, or 25 percent of such
outstanding loan obligation, whichever is less,
at the completion of the fourth year of such
service; and
``(iv) up to $8,750, or 50 percent of such
outstanding loan obligation, whichever is less,
at the completion of the fifth year of such
service.
``(C) Promise to complete service required for
accelerated payment.--Any borrower who receives
accelerated payment under this paragraph shall enter
into an agreement to continue in the qualifying service
for not less than 5 consecutive complete school years,
or, upon a failure to complete such 5 years, to repay
the United States, in accordance with regulations
prescribed by the Secretary, the amount of the loans
repaid by the Secretary under this paragraph, together
with interest thereon and, to the extent required in
such regulations, the reasonable costs of collection.
Such regulations may provide for waiver by the
Secretary of such repayment obligations upon proof of
economic hardship as specified in such regulations.
``(D) Higher poverty enrollment required.--In order
to qualify for an increased repayment amount under this
paragraph, section 465(a)(2)(A) shall, for purposes of
subsection (b)(1)(A)(i) of this section, be applied by
substituting `40 percent of the total enrollment' for
`30 percent of the total enrollment'.''.
SEC. 3. IMPLEMENTING HIGHLY QUALIFIED TEACHER REQUIREMENTS.
(a) Amendments.--
(1) FFEL loans.--Section 428J(b)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1078-10(b)(1)) is amended--
(A) by inserting ``and'' after the semicolon at the
end of subparagraph (A); and
(B) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) if employed as an elementary or secondary
school teacher, is highly qualified as defined in
section 9101(23) of the Elementary Secondary Education
Act of 1965; and''.
(2) Direct loans.--Section 460(b)(1)(A) of such Act (20
U.S.C. 1087j(b)(1)(A)) is amended--
(A) by inserting ``and'' after the semicolon at the
end of clause (i); and
(B) by striking clauses (ii) and (iii) and
inserting the following:
``(ii) if employed as an elementary or
secondary school teacher, is highly qualified
as defined in section 9101(23) of the
Elementary Secondary Education Act of 1965;
and''.
(b) Transition Rule.--
(1) Rule.--The amendments made by subsection (a) of this
section to sections 428J(b)(1) and 460(b)(1)(A) of the Higher
Education Act of 1965 shall not be applied to disqualify any
individual who, before the date of enactment of this Act,
commenced service that met and continues to meet the
requirements of such sections as in effect before such date of
enactment.
(2) Rule not applicable to increased qualified loan
amounts.--Paragraph (1) of this subsection shall not apply for
purposes of obtaining increased qualified loan amounts under
sections 428J(b)(3) and 460(b)(3) of the Higher Education Act
of 1965 as added by section 2 of this Act.
SEC. 4. INFORMATION ON BENEFITS TO RURAL SCHOOL DISTRICTS.
The Secretary shall--
(1) notify local educational agencies eligible to
participate in the Small Rural Achievement Program authorized
under subpart 1 of part B of title VI of the Elementary and
Secondary Education Act of 1965 of the benefits available under
the amendments made by this Act; and
(2) encourage such agencies to notify their teachers of
such benefits. | Teacher Shortage Response Act of 2004 - Amends the Higher Education Act of 1965 to increase the amount of student loans that may be forgiven for highly qualified teachers in mathematics, science, and special education and for reading specialists.
Directs the Secretary of Education to notify local educational agencies eligible to participate in the Small Rural Achievement Program under the Elementary and Secondary Education Act of 1965 of the benefits available under the amendments made by this Act, and to encourage such agencies to notify their teachers of such increased benefits. | To increase the amount of student loans that may be forgiven for highly qualified teachers in mathematics, science, and special education and for reading specialists. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highways Bettering the Economy and
Environment Pollinator Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The roadside vegetation management practices of both
State governments and the Federal Government aim to secure
motorist safety, reduce the presence of noxious weeds, and
stabilize the soil.
(2) Federal and State highway departments are facing severe
budget shortfalls.
(3) Native forbs and grasses are less likely to encroach
onto roads than invasive species, such as kudzu.
(4) Integrated vegetation management practices will reduce
the cost of maintaining roadside vegetation.
(5) Native forbs and grasses are best adapted to local
conditions and thus require less active management, reducing
the need to replant, weed, and mow the areas adjacent to the
road.
(6) Pollinators, such as native bees, honey bees, birds,
bats, Monarch butterflies, and other butterflies, are suffering
drastic population loss due in part to loss of habitat and
forage.
(7) Pollinators are vital for American agriculture.
Responsible for 1 out of every 3 bites of food we eat, a
diverse pollinator population is necessary for maintaining the
diversity of our plant life and food supply.
(8) Studies have shown supporting native forbs and grasses
along the roadside can be beneficial to the pollinator
population by providing migratory corridors and habitat and
forage connectivity and by helping such populations adapt to
climate change.
(9) Plantings of noninvasive, locally appropriate milkweed
species can create migratory way stations for the endangered
Monarch butterfly and to facilitate migrations of other
pollinators.
(10) Enhancing pollinator populations on rights-of-way can
result in improved pollination services for neighboring lands,
including agriculture and wildlife ecosystems.
(11) Highway rights-of-way managed by States represent 17
million acres of pollinator habitat conservation opportunity,
and similar opportunities and benefits exist on other
transportation rights-of-way.
SEC. 3. ADMINISTRATIVE PROVISIONS TO ENCOURAGE POLLINATOR HABITAT AND
FORAGE ON TRANSPORTATION RIGHTS-OF-WAY.
(a) In General.--Section 319 of title 23, United States Code, is
amended--
(1) in subsection (a) by striking ``beauty adjacent'' and
inserting ``beauty (including the enhancement of habitat and
forage for pollinators) adjacent''; and
(2) by adding at the end the following:
``(c) Encouragement of Pollinator Habitat and Forage Development
and Protection on Transportation Rights-of-Way.--In carrying out any
program administered by the Secretary, the Secretary shall, in
conjunction with willing States, as appropriate--
``(1) conduct or encourage integrated vegetation management
practices on roadsides and other transportation rights-of-way,
including reduced mowing;
``(2) enhance the development of habitat and forage for
Monarch butterflies, other native pollinators, and honey bees
through plantings of native forbs and grasses, including
noninvasive, native milkweed species that can serve as
migratory way stations for the endangered Monarch butterfly and
to facilitate migrations of other pollinators.
``(3) encourage leveraging through partnerships and
coordination with stakeholders in support of pollinators and
plantings of native forbs and grasses, such as environmental
groups, research institutions, other agencies, businesses, and
community organizations; and
``(4) conduct or facilitate research and demonstration
projects on the economic and environmental benefits and best
practices for integrated vegetation management, reduced mowing,
and plantings of native forbs and grasses for pollinator
habitat, forage, and migratory way stations for Monarch
butterflies and other migrating pollinators.''.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary of Transportation shall transmit to Congress
a report that includes--
(1) an analysis of current programs and authorities
available to carry out section 319(c) of title 23, United
States Code;
(2) a summary of programs and authorities being used to
implement such section;
(3) an assessment of actions being taken by willing State
transportation departments and other managers of transportation
rights-of-way to implement integrated vegetation management
practices, reduce mowing, and enhance habitat and forage for
Monarch butterflies, other native pollinators, and honey bees
through plantings of native forbs and grasses and migratory way
stations for Monarch butterflies and other migrating
pollinators; and
(4) any recommendations for further action.
SEC. 4. PROVISION OF HABITAT, FORAGE, AND MIGRATORY WAY STATIONS FOR
MONARCH BUTTERFLIES, OTHER NATIVE POLLINATORS, AND HONEY
BEES.
Section 329(a)(1) of title 23, United States Code, is amended by
inserting ``provision of habitat, forage, and migratory way stations
for Monarch butterflies, other native pollinators, and honey bees,''
before ``and aesthetic enhancement''. | Highways Bettering the Economy and Environment Pollinator Protection Act - Authorizes as an eligible project cost for the construction of a federal-aid highway the cost of improving habitat and forage for pollinators (i.e. bees, birds, bats, Monarch butterflies, and other butterflies) on rights-of-way adjacent to such highways. Directs the Secretary of Transportation (DOT), in conjunction with willing states, to carry out programs that encourage: (1) integrated vegetation management practices on roadsides and other transportation rights-of-ways, including reduced mowing; (2) the development of habitat and forage for pollinators through planting of native forbs and grasses, including noninvasive, native milkweed species; and (3) research and demonstration projects on economic and environmental benefits and best practices for integrated vegetation management, reduced mowing, and planting of native forbs and grasses for pollinator habitat, forage, and migratory way stations for Monarch butterflies and other migrating pollinators. Authorizes the use of federal funds for the provision of habitat, forage, and migratory way stations for Monarch butterflies, other native pollinators, and honey bees that is related to a federally-funded transportation project. | Highways Bettering the Economy and Environment Pollinator Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Power Risk Management Act of
2013''.
SEC. 2. TRANSACTIONS WITH UTILITY SPECIAL ENTITIES.
Section 1a(49) of the Commodity Exchange Act (7 U.S.C. 1a(49)) is
amended by adding at the end the following:
``(E) Certain transactions with a utility special
entity.--
``(i) Transactions in utility operations-
related swaps shall be reported pursuant to
section 4r.
``(ii) In making a determination to exempt
pursuant to subparagraph (D), the Commission
shall treat a utility operations-related swap
entered into with a utility special entity, as
defined in section 4s(h)(2)(D), as if it were
entered into with an entity that is not a
special entity, as defined in section
4s(h)(2)(C).''.
SEC. 3. UTILITY SPECIAL ENTITY DEFINED.
Section 4s(h)(2) of the Commodity Exchange Act (7 U.S.C. 6s(h)(2))
is amended by adding at the end the following:
``(D) Utility special entity.--For purposes of this
Act, the term `utility special entity' means a special
entity, or any instrumentality, department, or
corporation of or established by a State or political
subdivision of a State, that--
``(i) owns or operates an electric or
natural gas facility or an electric or natural
gas operation;
``(ii) supplies natural gas and or electric
energy to another utility special entity;
``(iii) has public service obligations
under Federal, State, or local law or
regulation to deliver electric energy or
natural gas service to customers; or
``(iv) is a Federal power marketing agency,
as defined in section 3 of the Federal Power
Act.''.
SEC. 4. UTILITY OPERATIONS-RELATED SWAP.
(a) Swap Further Defined.--Section 1a(47)(A)(iii) of the Commodity
Exchange Act (7 U.S.C. 1a(47)(A)(iii)) is amended--
(1) by striking ``and'' at the end of subclause (XXI);
(2) by adding ``and'' at the end of subclause (XXII); and
(3) by adding at the end the following:
``(XXIII) a utility operations-
related swap;''.
(b) Utility Operations-Related Swap Defined.--Section 1a of such
Act (7 U.S.C. 1a) is amended by adding at the end the following:
``(52) Utility operations-related swap.--The term `utility
operations-related swap' means a swap that--
``(A) is entered into to hedge or mitigate a
commercial risk;
``(B) is not a contract, agreement, or transaction
based on, derived on, or referencing--
``(i) an interest rate, credit, equity, or
currency asset class; or
``(ii) a metal, agricultural commodity, or
crude oil or gasoline commodity of any grade,
except as used as fuel for electric energy
generation; and
``(C) is associated with--
``(i) the generation, production, purchase,
or sale of natural gas or electric energy, the
supply of natural gas or electric energy to a
utility, or the delivery of natural gas or
electric energy service to utility customers;
``(ii) all fuel supply for the facilities
or operations of a utility;
``(iii) compliance with an electric system
reliability obligation;
``(iv) compliance with an energy, energy
efficiency, conservation, or renewable energy
or environmental statute, regulation, or
government order applicable to a utility; or
``(v) any other electric energy or natural
gas swap to which a utility is a party.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act take effect as if enacted on July
21, 2010.
Passed the House of Representatives June 12, 2013.
Attest:
KAREN L. HAAS,
Clerk. | . Public Power Risk Management Act of 2013 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC), when it determines whether to provide an exemption to designation as a swap dealer, to treat a utility operations-related swap entered into with a utility special entity as if such swap were entered into with an entity that is not a special entity. (Thus exempts an entity entering into a utility operations-related swap with a utility special entity from mandatory registration as a swap dealer.) Requires transactions in utility operations-related swaps to be reported according to requirements for the reporting of uncleared swaps. Defines "utility special entity" as a special entity, or any instrumentality, department, or corporation of or established by a state or local government, that: (1) owns or operates an electric or natural gas facility or an electric or natural gas operation; (2) supplies natural gas or electric energy to another utility special entity; (3) has public service obligations under federal, state, or local law or regulation to deliver electric energy or natural gas service to customers; or (4) is a federal power marketing agency. Redefines swap to include a utility operations-related swap. Defines "utility operations-related swap" as one that: (1) is entered into to hedge or mitigate commercial risk; (2) is associated with specified transactions in electric energy or natural gas; and (3) is not a contract, agreement, or transaction based on, derived on, or referencing an interest rate, credit, equity, or currency asset class; or a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation. | Public Power Risk Management Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening the Child Welfare
Response to Human Trafficking Act of 2011''.
SEC. 2. IMPROVING LOCAL EFFORTS TO COMBAT TRAFFICKING AND SEXUAL
EXPLOITATION.
(a) Employee Training Guidelines and Resources.--The Secretary of
Health and Human Services shall develop and publish guidelines
(including a list of recommended experts in the field) for use by State
child welfare agencies in training appropriate child welfare employees
and court employees in identifying, documenting, educating, and
counseling children being provided services by the agencies who are at
risk of becoming a victim of trafficking (as defined in section 103(14)
of the Trafficking Victims Protection Act of 2000) or who are human
trafficking victims who may need to be in the care of the child welfare
system. The guidelines should also include tips on how the child
welfare employee can effectively engage, educate, and support the
parents of such a child victims, if appropriate.
(b) Best Practices Toolkit.--The Secretary of Health and Human
Services shall develop and publish guidelines that contain
recommendations on how State child welfare agencies may prevent
children from becoming a victim of trafficking (as defined in section
103(14) of the Trafficking Victims Protection Act of 2000), which
should include advice on how State and local law enforcement agencies
may collaborate proactively with non-profit organizations on how to
manage cases involving a child who is such a victim. In developing the
best practices toolkit, the Secretary of Health and Human Services is
encouraged to utilize multi-disciplinary research, peer-reviewed
research, evidence-based treatments and programs, and input from child
welfare agencies that have developed human trafficking specific
programs, and to consult appropriate agencies throughout the Federal
Government such as the Federal Bureau of Investigation and the
Trafficking in Persons Office of the Department of State. The Secretary
of Health and Human Services should also consider how the Department of
Health and Human Services can best provide support to monitor and
evaluate existing and related programs at State and county agencies and
outline these support mechanisms in the best practices toolkit.
(c) Residential Safe Havens.--The Secretary of Health and Human
Services shall draft recommendations for State child welfare agencies
on how to best update licensing requirements for child-care
institutions so that specialized, long-term residential facilities or
safe havens serving children who are human trafficking victims can
qualify as child-care institutions under part E of title IV of the
Social Security Act, so that such children who are in the care of the
State may receive the best care and services possible.
(d) Streamline Data Collection and Reporting.--Section 471(a) of
the Social Security Act (42 U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (32);
(2) by striking the period at the end of paragraph (33) and
inserting ``; and''; and
(3) by adding at the end the following:
``(34) provides that--
``(A) the records of the agency classify each child
to whom the agency is providing child welfare services
and whom the agency has identified as being a victim of
trafficking (as defined in section 103(14) of the
Trafficking Victims Protection Act of 2000), as a child
trafficking victim, and specify the reasons why the
child is so classified;
``(B) each report submitted by the agency to the
data collection system established under section 479
includes information on each child so classified; and
``(C) the agency shall report the identity of each
child to whom the agency is providing child welfare
services and who is missing or has been abducted,
immediately to appropriate law enforcement agencies for
entry into the National Crime Information Center
database.''.
(e) Documentation of Child Safety and Related Specialized
Services.--Section 475(1) of such Act (42 U.S.C. 675(1)) is amended by
adding at the end the following:
``(H) In the case of a child classified by the
State agency as a victim of trafficking (as defined in
section 103(14) of the Trafficking Victims Protection
Act of 2000), a documentation of the measures taken to
ensure the safety of the child in the placement and of
the extent to which the child is receiving services
designed specifically to meet the needs of trafficked
children, such as intensive case management, mental
health counseling, security services, language, and
cultural competency.''.
(f) Extend Services for Trafficked Youth to Age 21.--Section 477(a)
of such Act (42 U.S.C. 677(a)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) to ensure that each child in foster care and each
former foster care recipient who is a victim of trafficking (as
defined in section 103(14) of the Trafficking Victims
Protection Act of 2000) is able to access the services
described in section 475(1)(H) of this Act until the child
attains 21 years of age.''.
(g) Effective Date.--
(1) In general.--Except as otherwise provided in this
section, this section and the amendments made by this section
shall take effect on January 1, 2012.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under part E of title IV of the
Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by this section, the State
plan shall not be regarded as failing to comply with the
requirements of such part solely on the basis of the failure of
the plan to meet such additional requirements before the 1st
day of the 1st calendar quarter beginning after the close of
the 1st regular session of the State legislature that ends
after the 1-year period beginning with the date of the
enactment of this Act. For purposes of the preceding sentence,
in the case of a State that has a 2-year legislative session,
each year of the session is deemed to be a separate regular
session of the State legislature.
SEC. 3. PROVISION OF SERVICES BY CHILD WELFARE AGENCIES TO PREVENT
HUMAN TRAFFICKING OF CHILDREN, AND TO SERVE THE NEEDS OF
CHILDREN WHO ARE VICTIMS OF HUMAN TRAFFICKING.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by section 2(d) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (33);
(2) by striking the period at the end of paragraph (34) and
inserting ``; and''; and
(3) by adding at the end the following:
``(35) not later than January 1, 2013, describes the
practices and future plans of the State child welfare agency
regarding the human trafficking and commercial sexual
exploitation of foreign, United States citizen, and legal
resident children, including--
``(A) collaborations with local and State agencies
and nonprofit organizations to identify and care for
children believed or confirmed to be, or at-risk of
becoming victims of a severe form of human trafficking;
``(B) training for the child welfare employees who
are likely to come into contact with child victims of
human trafficking;
``(C) jurisdictional limits and other issues that
hinder State child welfare response to aid child
victims of human trafficking;
``(D) data collection regarding children identified
by child welfare services as victims of trafficking
and, if known, the relationship between the child and
the exploiter; and
``(E) prevention education to families and at-risk
children, including runaway and homeless youth,
regarding human trafficking and commercial sexual
exploitation.''. | Strengthening the Child Welfare Response to Human Trafficking Act of 2011 - Directs the Secretary of Health and Human Services (HHS) to develop guidelines for use by state child welfare agencies in training appropriate child welfare employees and court employees in identifying, documenting, educating, and counseling children at risk of becoming victims of trafficking or who are human trafficking victims who may need to be in the care of the child welfare system.
Requires the Secretary to develop guidelines that contain recommendations on how state child welfare agencies may prevent children from becoming victims of trafficking, including advice on how state and local law enforcement agencies may collaborate proactively with nonprofit organizations on how to manage cases involving a child who is such a victim.
Requires the Secretary to draft recommendations for state child welfare agencies on how to best update licensing requirements for childcare institutions so that specialized, long-term residential facilities or safe havens serving children who are human trafficking victims can quality as childcare institutions under part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act.
Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require state part E plans to include components that provides that: (1) the records of the agency classify each child to whom the agency is providing child welfare services and whom the agency has identified as being a victim of trafficking, and specify the reasons why the child is so classified; (2) each report submitted by the agency to the data collection system includes information on each child so classified; and (3) the agency shall report immediately to the appropriate law enforcement agencies for entry into the National Crime Information Center database the identity of each missing or abducted child to whom the agency is providing child welfare services.
Includes as part of the case plan for a child classified as a victim of trafficking documentation of the measures taken to ensure the child's safety and of specifically designed services the child is receiving.
Extends to age 21 any services for trafficked youth under the John H. Chafee Foster Care Independence Program.
Requires state part E plans to describe the practices and future plans of the state child welfare agency regarding the human trafficking and commercial sexual exploitation of foreign, U.S. citizen, and legal resident children. | To amend part E of title IV of the Social Security Act to better enable State child welfare agencies to prevent human trafficking of children and serve the needs of children who are victims of human trafficking, and for other purposes. |
SECTION 1. PROTECTION OF HEALTH AND SAFETY DURING DISASTERS.
(a) Definitions.--In this section:
(1) Certified monitoring program.--The term ``certified
monitoring program'' means a medical monitoring program--
(A) in which a participating responder is a
participant as a condition of the employment of such
participating responder; and
(B) that the Secretary of Health and Human Services
certifies includes an adequate baseline medical
screening.
(2) Disaster area.--The term ``disaster area'' means an
area in which the President has declared a major disaster (as
that term is defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)),
during the period of such declaration.
(3) High exposure level.--The term ``high exposure level''
means a level of exposure to a substance of concern that is for
such a duration, or of such a magnitude, that adverse effects
on human health can be reasonably expected to occur, as
determined by the President, acting through the Secretary of
Health and Human Services, in accordance with human monitoring
or environmental or other appropriate indicators.
(4) Individual.--The term ``individual'' includes--
(A) a worker or volunteer who responds to a
disaster, either natural or manmade, involving any mode
of transportation in the United States or disrupting
the transportation system of the United States,
including--
(i) a police officer;
(ii) a firefighter;
(iii) an emergency medical technician;
(iv) any participating member of an urban
search and rescue team; and
(v) any other relief or rescue worker or
volunteer that the President, acting through
the Secretary of Health and Human Services,
determines to be appropriate;
(B) a worker who responds to a disaster, either
natural or manmade, involving any mode of
transportation in the United States or disrupting the
transportation system of the United States, by
assisting in the cleanup or restoration of critical
infrastructure in and around a disaster area;
(C) a person whose place of residence is in a
disaster area, caused by either a natural or manmade
disaster involving any mode of transportation in the
United States or disrupting the transportation system
of the United States;
(D) a person who is employed in or attends school,
child care, or adult day care in a building located in
a disaster area, caused by either a natural or manmade
disaster involving any mode of transportation in the
United States or disrupting the transportation system
of the United States, of the United States; and
(E) any other person that the President, acting
through the Secretary of Health and Human Services,
determines to be appropriate.
(5) Participating responder.--The term ``participating
responder'' means an individual described in paragraph (4)(A).
(6) Program.--The term ``program'' means a program
described in subsection (b) that is carried out for a disaster
area.
(7) Substance of concern.--The term ``substance of
concern'' means a chemical or other substance that is
associated with potential acute or chronic human health
effects, the risk of exposure to which could potentially be
increased as the result of a disaster, as determined by the
President, acting through the Secretary of Health and Human
Services, and in coordination with the Agency for Toxic
Substances and Disease Registry, the Environmental Protection
Agency, the Centers for Disease Control and Prevention, the
National Institutes of Health, the Federal Emergency Management
Agency, the Occupational Health and Safety Administration, and
other agencies.
(b) Program.--
(1) In general.--If the President, acting through the
Secretary of Health and Human Services, determines that 1 or
more substances of concern are being, or have been, released in
an area declared to be a disaster area and disrupts the
transportation system of the United States, the President,
acting through the Secretary of Health and Human Services, may
carry out a program for the coordination, protection,
assessment, monitoring, and study of the health and safety of
individuals with high exposure levels to ensure that--
(A) the individuals are adequately informed about
and protected against potential health impacts of any
substance of concern in a timely manner;
(B) the individuals are monitored and studied over
time, including through baseline and followup clinical
health examinations, for--
(i) any short- and long-term health impacts
of any substance of concern; and
(ii) any mental health impacts;
(C) the individuals receive health care referrals
as needed and appropriate; and
(D) information from any such monitoring and
studies is used to prevent or protect against similar
health impacts from future disasters.
(2) Activities.--A program under paragraph (1) may include
such activities as--
(A) collecting and analyzing environmental exposure
data;
(B) developing and disseminating information and
educational materials;
(C) performing baseline and followup clinical
health and mental health examinations and taking
biological samples;
(D) establishing and maintaining an exposure
registry;
(E) studying the short- and long-term human health
impacts of any exposures through epidemiological and
other health studies; and
(F) providing assistance to individuals in
determining eligibility for health coverage and
identifying appropriate health services.
(3) Timing.--To the maximum extent practicable, activities
under any program carried out under paragraph (1) (including
baseline health examinations) shall be commenced in a timely
manner that will ensure the highest level of public health
protection and effective monitoring.
(4) Participation in registries and studies.--
(A) In general.--Participation in any registry or
study that is part of a program carried out under
paragraph (1) shall be voluntary.
(B) Protection of privacy.--The President, acting
through the Secretary of Health and Human Services,
shall take appropriate measures to protect the privacy
of any participant in a registry or study described in
subparagraph (A).
(C) Priority.--
(i) In general.--Except as provided in
clause (ii), the President, acting through the
Secretary of Health and Human Services, shall
give priority in any registry or study
described in subparagraph (A) to the
protection, monitoring and study of the health
and safety of individuals with the highest
level of exposure to a substance of concern.
(ii) Modifications.--Notwithstanding clause
(i), the President, acting through the
Secretary of Health and Human Services, may
modify the priority of a registry or study
described in subparagraph (A), if the
President, acting through the Secretary of
Health and Human Services, determines such
modification to be appropriate.
(5) Cooperative agreements.--
(A) In general.--The President, acting through the
Secretary of Health and Human Services, may carry out a
program under paragraph (1) through a cooperative
agreement with a medical institution, including a local
health department, or a consortium of medical
institutions.
(B) Selection criteria.--To the maximum extent
practicable, the President, acting through the
Secretary of Health and Human Services, shall select,
to carry out a program under paragraph (1), a medical
institution or a consortium of medical institutions
that--
(i) is located near--
(I) the disaster area with respect
to which the program is carried out;
and
(II) any other area in which there
reside groups of individuals that
worked or volunteered in response to
the disaster; and
(ii) has appropriate experience in the
areas of environmental or occupational health,
toxicology, and safety, including experience
in--
(I) developing clinical protocols
and conducting clinical health
examinations, including mental health
assessments;
(II) conducting long-term health
monitoring and epidemiological studies;
(III) conducting long-term mental
health studies; and
(IV) establishing and maintaining
medical surveillance programs and
environmental exposure or disease
registries.
(6) Involvement.--
(A) In general.--In carrying out a program under
paragraph (1), the President, acting through the
Secretary of Health and Human Services, shall involve
interested and affected parties, as appropriate,
including representatives of--
(i) Federal, State, and local government
agencies;
(ii) groups of individuals that worked or
volunteered in response to the disaster in the
disaster area;
(iii) local residents, businesses, and
schools (including parents and teachers);
(iv) health care providers;
(v) faith based organizations; and
(vi) other organizations and persons.
(B) Committees.--Involvement under subparagraph (A)
may be provided through the establishment of an
advisory or oversight committee or board.
(7) Privacy.--The President, acting through the Secretary
of Health and Human Services, shall carry out each program
under paragraph (1) in accordance with regulations relating to
privacy promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
1320d-2 note; Public Law 104-191).
(8) Existing programs.--In carrying out a program under
paragraph (1), the President, acting through the Secretary of
Health and Human Services, may--
(A) include the baseline clinical health
examination of a participating responder under a
certified monitoring programs; and
(B) substitute the baseline clinical health
examination of a participating responder under a
certified monitoring program for a baseline clinical
health examination under paragraph (1).
(c) Reports.--Not later than 1 year after the establishment of a
program under subsection (b)(1), and every 5 years thereafter, the
President, acting through the Secretary of Health and Human Services,
or the medical institution or consortium of such institutions having
entered into a cooperative agreement under subsection (b)(5), may
submit a report to the Secretary of Homeland Security, the Secretary of
Labor, the Administrator of the Environmental Protection Agency, and
appropriate committees of Congress describing the programs and studies
carried out under the program.
(d) National Academy of Sciences Report on Disaster Area Health and
Environmental Protection and Monitoring.--
(1) In general.--The Secretary of Health and Human
Services, the Secretary of Homeland Security, and the
Administrator of the Environmental Protection Agency shall
jointly enter into a contract with the National Academy of
Sciences to conduct a study and prepare a report on disaster
area health and environmental protection and monitoring.
(2) Participation of experts.--The report under paragraph
(1) shall be prepared with the participation of individuals who
have expertise in--
(A) environmental health, safety, and medicine;
(B) occupational health, safety, and medicine;
(C) clinical medicine, including pediatrics;
(D) environmental toxicology;
(E) epidemiology;
(F) mental health;
(G) medical monitoring and surveillance;
(H) environmental monitoring and surveillance;
(I) environmental and industrial hygiene;
(J) emergency planning and preparedness;
(K) public outreach and education;
(L) State and local health departments;
(M) State and local environmental protection
departments;
(N) functions of workers that respond to disasters,
including first responders;
(O) public health; and
(P) family services, such as counseling and other
disaster-related services provided to families.
(3) Contents.--The report under paragraph (1) shall provide
advice and recommendations regarding protecting and monitoring
the health and safety of individuals potentially exposed to any
chemical or other substance associated with potential acute or
chronic human health effects as the result of a disaster,
including advice and recommendations regarding--
(A) the establishment of protocols for monitoring
and responding to chemical or substance releases in a
disaster area to protect public health and safety,
including--
(i) chemicals or other substances for which
samples should be collected in the event of a
disaster, including a terrorist attack;
(ii) chemical- or substance-specific
methods of sample collection, including
sampling methodologies and locations;
(iii) chemical- or substance-specific
methods of sample analysis;
(iv) health-based threshold levels to be
used and response actions to be taken in the
event that thresholds are exceeded for
individual chemicals or other substances;
(v) procedures for providing monitoring
results to--
(I) appropriate Federal, State, and
local government agencies;
(II) appropriate response
personnel; and
(III) the public;
(vi) responsibilities of Federal, State,
and local agencies for--
(I) collecting and analyzing
samples;
(II) reporting results; and
(III) taking appropriate response
actions; and
(vii) capabilities and capacity within the
Federal Government to conduct appropriate
environmental monitoring and response in the
event of a disaster, including a terrorist
attack; and
(B) other issues specified by the Secretary of
Health and Human Services, the Secretary of Homeland
Security, and the Administrator of the Environmental
Protection Agency.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection. | Authorizes the President (acting through the Secretary of Health and Human Substances), upon determining that a substance of concern has been released in an area declared to be a disaster area and has disrupted the transportation system of the United States, to carry out a program for the coordination, protection, assessment, monitoring and study of the health and safety of responding or affected individuals with high exposure levels. Requires that such a program: (1) apply to workers or volunteers, clean up workers, residents of the area, and persons who are employed in or who attend school in the area; (2) ensure that such individuals are informed about and protected against potential health impacts of any such substance in a timely manner, are monitored and studied for any health impacts, and receive health care referrals; and (3) ensure that information from any such monitoring and studies is used to prevent or protect against similar health impacts.
Requires the President to take appropriate measures to protect the privacy of any participant in a registry or study. Gives priority in any registry or study to the protection, monitoring, and study of the heath and safety of individuals with the highest level of exposure to a substance of concern.
Allows the President to carry out such a program through a cooperative agreement with a medical institution.
Requires the Secretary, the Secretary of Homeland Security, and the Administrator of the Environmental Protection Agency (EPA) to jointly enter into a contract with the National Academy of Sciences to study disaster area health and environmental protection and monitoring. | To provide for the protection of health and safety during certain disasters. |
SECTION 1. ENERGY SECURITY FUND AND ALTERNATIVE FUEL GRANT PROGRAM.
(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury a
fund, to be known as the ``Energy Security Fund'' (referred to
in this section as the ``Fund''), consisting of--
(A) amounts transferred to the Fund under paragraph
(2); and
(B) amounts credited to the Fund under paragraph
(3)(C).
(2) Transfers to fund.--For fiscal year 2008 and each
fiscal year thereafter, the Secretary of the Treasury, subject
to the availability of appropriations, shall transfer to the
Fund an amount determined by the Secretary of the Treasury to
be equal to 50 percent of the total amount deposited in the
general fund of the Treasury during the preceding fiscal year
from fines, penalties, and other funds obtained through
enforcement actions conducted pursuant to section 32912 of
title 49, United States Code (including funds obtained under
consent decrees).
(3) Investment of amounts.--
(A) In general.--The Secretary of the Treasury
shall invest in interest-bearing obligations of the
United States such portion of the Fund as is not, in
the judgment of the Secretary of the Treasury, required
to meet current withdrawals.
(B) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
(C) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to, and
form a part of, the Fund in accordance with section
9602 of the Internal Revenue Code of 1986.
(4) Use of amounts in fund.--Amounts in the Fund shall be
made available to the Secretary of Energy, subject to the
availability of appropriations, to carry out the grant program
under subsection (b).
(b) Alternative Fuels Grant Program.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Energy, acting through
the Clean Cities Program of the Department of Energy, shall
establish and carry out a program under which the Secretary
shall provide grants to expand the availability to consumers of
alternative fuels (as defined in section 32901(a) of title 49,
United States Code).
(2) Eligibility.--
(A) In general.--Except as provided in subparagraph
(B), any entity that is eligible to receive assistance
under the Clean Cities Program shall be eligible to
receive a grant under this subsection.
(B) Exceptions.--
(i) Certain oil companies.--A large,
vertically-integrated oil company shall not be
eligible to receive a grant under this
subsection.
(ii) Prohibition of dual benefits.--An
entity that receives any other Federal funds
for the construction or expansion of
alternative refueling infrastructure shall not
be eligible to receive a grant under this
subsection for the construction or expansion of
the same alternative refueling infrastructure.
(C) Ensuring compliance.--Not later than 30 days
after the date of enactment of this Act, the Secretary
of Energy shall promulgate regulations to ensure that,
before receiving a grant under this subsection, an
eligible entity meets applicable standards relating to
the installation, construction, and expansion of
infrastructure necessary to increase the availability
to consumers of alternative fuels (as defined in
section 32901(a) of title 49, United States Code).
(3) Maximum amount.--
(A) Grants.--The amount of a grant provided under
this subsection shall not exceed $30,000.
(B) Amount per station.--An eligible entity shall
receive not more than $90,000 under this subsection for
any station of the eligible entity during a fiscal
year.
(4) Use of funds.--
(A) In general.--A grant provided under this
subsection shall be used for the construction or
expansion of alternative fueling infrastructure.
(B) Administrative expenses.--Not more than 3
percent of the amount of a grant provided under this
subsection shall be used for administrative expenses. | Establishes the Energy Security Fund, to be funded by proceeds deposited in the general fund of the Treasury from fines, penalties, and other funds obtained through enforcement actions for violations of automobile fuel economy standards.
Directs the Secretary of Energy, acting through the Clean Cities Program of the Department of Energy, to establish a program of grants to expand the availability of alternative fuels to consumers. Makes amounts in the Fund available to the Secretary for such grants.
Declares eligible for assistance any entity that is eligible for assistance under the Clean Cities Program.
Bars from such assistance: (1) large, vertically-integrated oil companies; and (2) any entity that receives other federal funds for the construction or expansion of the same alternative refueling infrastructure.
Sets forth a maximum ceiling for grants and for stations.
Limits the use of such funds to construction or expansion of alternative fueling infrastructure. | To provide grants from moneys collected from violations of the corporate average fuel economy program to be used to expand infrastructure necessary to increase the availability of alternative fuels. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Library of Congress Bicentennial
Commemorative Coin Act of 1996''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $1 silver coins.--Not more than 500,000 $1 coins, each
of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(2) Half dollar clad coins.--Not more than 500,000 half
dollar coins, each of which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the Library of Congress.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2000''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Library of Congress and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 2000, and
ending on December 31, 2000.
(d) Promotion Consultation.--The Secretary shall--
(1) consult with the Library of Congress in order to
establish a role for the Library of Congress in the promotion,
advertising, and marketing of the coins minted under this Act;
and
(2) if the Secretary determines that such action would be
beneficial to the sale of coins minted under this Act, enter
into a contract with the Library of Congress to carry out the
role established under paragraph (1).
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge established by
the Secretary, in an amount equal to not more than--
(1) $15 per coin for the $1 coin; and
(2) $8 per coin for the half dollar coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Library of Congress Trust Fund Board, to be used for
the purpose of supporting bicentennial programs, educational outreach
activities (including schools and libraries), and other activities of
the Library of Congress.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Library of Congress Trust Fund Board as may be related to
the expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | Library of Congress Bicentennial Commemorative Coin Act of 1996 - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins and half-dollar clad coins emblematic of the Library of Congress.
Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities. | Library of Congress Bicentennial Commemorative Coin Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Access Improvement Act''.
SEC. 2. EQUAL ACCESS TO EXPENSE REIMBURSEMENT.
(a) In General.--Section 802 of The Equal Access Act (20 U.S.C.
4071) is amended--
(1) by redesignating subsections (d) through (f) as
subsections (g) through (i), respectively; and
(2) by inserting after subsection (c), the following:
``(d)(1) Subject to subsection (i), it shall be unlawful for any
public intermediate school or secondary school that--
``(A) receives Federal financial assistance;
``(B) maintains a limited open forum as described in
subsection (b); and
``(C) provides for the reimbursement of the expenses of one
or more noncurriculum-related student groups or students
pursuing noncurriculum-related activities;
to deny equal treatment, to any student group or student, respectively,
seeking reimbursement for similar expenses, on the basis of the
religious, political, philosophical, or other content of the speech or
activity engaged in by such student group or student, respectively.
``(2) Nothing in this subsection shall be construed to prevent a
public intermediate school or secondary school from granting or denying
a reimbursement request pursuant to a neutral policy administered
without regard to the religious, political, philosophical, or other
content of the speech or activity engaged in by the student group or
student seeking the reimbursement.''.
(b) Construction.--Subsection (g) of section 802 of The Equal
Access Act (20 U.S.C. 4071), as amended in subsection (a), is further
amended--
(1) in paragraph (3), by inserting after ``beyond'' the
following: ``the reimbursement of expenses on a
nondiscriminatory basis as provided for in subsection (d), and
payment of'';
(2) in paragraph (4), by inserting ``or activity'' after
``meeting'' each place it appears; and
(3) in paragraph (5), by inserting ``or activities'' after
``meetings''.
SEC. 3. EQUAL ACCESS FOR DISTRIBUTION OF MATERIALS.
Section 802 of The Equal Access Act (20 U.S.C. 4071) is amended by
inserting after subsection (d), as added by section 2, the following:
``(e)(1) Subject to subsection (i), it shall be unlawful for any
public intermediate school or secondary school that--
``(A) receives Federal financial assistance;
``(B) maintains a limited open forum as described in
subsection (b); and
``(C) permits one or more noncurriculum-related student
groups or students pursuing noncurriculum-related activities to
distribute newsletters or other written materials;
to deny equal treatment, to any student group or student, respectively,
seeking a similar opportunity to distribute newsletters or other
written materials, on the basis of the religious, political,
philosophical, or other content of the speech or activity engaged in by
such student group or student, respectively.
``(2) Nothing in this subsection shall be construed to prevent a
public intermediate school or secondary school from granting or denying
a request to distribute newsletters or other written materials pursuant
to a neutral policy that--
``(A) is administered without regard to the religious,
political, philosophical, or other content of the speech or
activity engaged in by the student group or student making the
request; and
``(B) imposes reasonable time, place, and manner
restrictions on the distribution of newsletters or other
written materials consistent with the first and 14th amendments
to the Constitution.''.
SEC. 4. EQUAL ACCESS FOR COMMUNITY GROUPS.
(a) In General.--Section 802 of The Equal Access Act (20 U.S.C.
4071) is amended by inserting after subsection (e), as added by section
3, the following:
``(f)(1) Subject to subsection (i), it shall be unlawful for any
public elementary school, intermediate school, or secondary school
that--
``(A) receives Federal financial assistance; and
``(B) has a limited community forum with respect to
noncurriculum-related community groups or individuals from the
community pursuing noncurriculum-related activities as
described in paragraph (2);
to deny equal access to, or discriminate against, any community group
or any individual from the community, respectively, who desires to
conduct a meeting, or otherwise use school facilities, within that
limited community forum, on the basis of the religious, political,
philosophical, or other content of the speech or activity engaged in by
such community group or individual, respectively.
``(2) In this subsection, a public elementary school, intermediate
school, or secondary school has a limited community forum if such
school grants an offering to or opportunity for one or more
noncurriculum-related community groups or individuals from the
community pursuing noncurriculum-related activities to meet on school
premises or otherwise use school facilities during noninstructional
time.
``(3) Nothing in this subsection shall be construed to prevent a
public elementary school, intermediate school, or secondary school from
granting or denying a request by a community group or individual from a
community to meet on school premises or otherwise use school facilities
pursuant to a neutral policy administered without regard to the
religious, political, philosophical, or other content of the speech or
activities engaged in by the community group or individual.
``(4) In this subsection, the term `elementary school' means a
school that provides elementary education, as defined by State law.''.
(b) Construction.--Subsection (g) of section 802 of The Equal
Access Act (20 U.S.C. 4071), as amended in section 2, is further
amended--
(1) in paragraph (3), by inserting ``or meetings initiated
by a community group or individual from a community'' after
``student-initiated meetings''; and
(2) in paragraph (6), by inserting ``or community groups''
after ``groups of students''.
SEC. 5. EXTENSION OF EQUAL ACCESS GUARANTEES TO PUBLIC INTERMEDIATE
SCHOOLS.
(a) In General.--Section 802 of The Equal Access Act (20 U.S.C.
4071) is amended by striking subsections (a) through (c) and inserting
the following:
``(a) Subject to subsection (i), it shall be unlawful for any
public intermediate school or secondary school that receives Federal
financial assistance and that has a limited open forum with respect to
noncurriculum-related student groups or students pursuing
noncurriculum-related activities to deny equal access or a fair
opportunity to, or discriminate against, any student group or student,
respectively, who wishes to conduct a meeting, or otherwise use school
facilities, within that limited open forum, on the basis of the
religious, political, philosophical, or other content of the speech or
activity at such meetings.
``(b) In this subsection, a public intermediate school or secondary
school has a limited open forum if such school grants an offering to or
opportunity for one or more noncurriculum-related student groups or
students pursuing noncurriculum-related activities to meet on school
premises or otherwise use school facilities during noninstructional
time.
``(c) Schools shall be deemed to offer a fair opportunity to
student groups and students who wish to conduct a meeting, or otherwise
use school facilities, within its limited open forum if such school
uniformly provides that--
``(1) the meeting or use of facilities is voluntary and
student-initiated;
``(2) there is no sponsorship of the meeting or use of
facilities by the school, the government, or its agents or
employees;
``(3) employees or agents of the school or government are
present at religious meetings or activities involving the use
of facilities only in a nonparticipatory capacity;
``(4) the meeting or use of facilities does not materially
and substantially interfere with the orderly conduct of
educational activities within the school; and
``(5) nonschool persons may not direct, conduct, control,
or regularly attend activities of student groups or
students.''.
(b) Definitions.--Section 803 of the The Equal Access Act (20
U.S.C. 4072) is amended by adding at the end the following:
``(5) The term `intermediate school' means a public school
that provides education to students in grade 6 or higher and
that does not provide education to students in grade 5 or
lower.''. | Equal Access Improvement Act - Amends the Equal Access Act to require public schools which receive Federal assistance to grant equal access to students, student groups, and community groups, regardless of the religious, political, philosophical, or other content of speech or activity they engage in.
Requires such equal access for public intermediate and secondary noncurriculum-related school groups, or students pursuing noncurriculum-related activities, to: (1) expense reimbursement; and (2) opportunity to distribute materials.
Requires such equal access for community groups to meeting space or other use of facilities at public elementary, intermediate, and secondary schools with a limited community forum.
Extends current equal access guarantees for public secondary noncurriculum-related school groups and students pursuing noncurriculum-related activities during non-instructional time, to such groups and students in public intermediate schools, with respect to access to meeting space or other use of school facilities in such a limited open forum. | Equal Access Improvement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Automobile Add-On Disclosure
and Consumer Protection Act''.
SEC. 2. DISCLOSURES FOR PURCHASERS OF NEW AUTOMOBILES.
In accordance with regulations prescribed by the Federal Trade
Commission under section 5, a dealer shall provide, to each consumer
that purchases a new automobile from the dealer the following (with
respect to each automobile):
(1) Dealer add-on invoice.--With respect to the particular
new automobile purchased by a consumer from the new car dealer,
an invoice (separate from any other document) that contains the
following:
(A) A description of any add-on included with (or
included in the total price of) the new automobile.
(B) The consumer's request, consent, or agreement
for provision by the dealer of any add-ons itemized
under subparagraph (A).
(C) With respect to any add-ons itemized under
subparagraph (A), the following itemized:
(i) The cost to the dealer of each add-on
and the total cost to the dealer for all add-
ons.
(ii) The cost to the consumer of each add-
on and the total cost to the consumer for all
add-ons, excluding any applicable taxes.
(iii) Any applicable taxes imposed on the
consumer for each add-on and the total amount
of such taxes for all add-ons.
(2) Dealer add-on warranty statement.--With respect to the
particular new automobile purchased by a consumer from the new
car dealer, a warranty statement (separate from any other
document) that contains the following:
(A) A description of any written warranty or
service contract provided by a warrantor, the dealer,
or a third party with respect to any add-on itemized
under paragraph (1)(A).
(B) A description of any effect on a written
warranty or service contract described under
subparagraph (A) that results from the installation,
modification, or provision of an add-on, including by a
third party.
(C) A description of any effect an add-on itemized
under paragraph (1)(A) has on a written warranty of the
new automobile as originally manufactured, including--
(i) the extent of such effect; and
(ii) the extent to which (and manner in
which) the dealer will cover any disparity
between any written warranty for the automobile
as originally manufactured and the written
warranty for the automobile as affected by any
add-ons.
(D) Information (including separate documentation,
if applicable) sufficient for the consumer to utilize
or otherwise take advantage of any warranty described
under subparagraphs (A) through (C).
(E) A statement of the extent to which (and manner
in which) the dealer will cover any disparity between
any warranty for an add-on, or for the automobile as
originally manufactured, and any such warranty actually
provided to the customer.
(3) Timing of disclosure.--The invoice required by
paragraph (1) and warranty statement required by paragraph (2)
shall be provided to the consumer--
(A) for any add-ons included with the automobile up
to the time in which the sale of the automobile is
finalized, at the time in which the sale is finalized;
and
(B) for any add-ons included with the automobile
after the time the sale is finalized and up to the time
in which the automobile is delivered to the consumer,
at the time in which the automobile is delivered to the
consumer.
SEC. 3. ENFORCEMENT.
(a) Civil Penalty.--A dealer that violates section 2 shall be
liable to the United States for a civil penalty of not more than
$10,000 or the total cost of the new automobile involved (including
add-ons, taxes, and any other fees charged to the customer by the
dealer), whichever is greater. The Federal Trade Commission may enforce
a civil penalty under this subsection in a civil action in an
appropriate district court of the United States.
(b) Private Right of Action.--A consumer aggrieved by a violation
of this Act may bring in an appropriate district court of the United
States or, if otherwise permitted by the laws or rules of court of a
State, in an appropriate court of that State--
(1) a civil action to enjoin a violation of this Act;
(2) a civil action to recover--
(A) the greater of actual monetary loss or $10,000
in damages for each such violation;
(B) up to three times the amount described in
subparagraph (A), to be determined in the discretion of
the court, if the court finds that the defendant
willfully or knowingly committed such violation; and
(C) a reasonable attorney fee and the costs of the
action; or
(3) both such actions.
(c) Limitation.--Nothing in this Act shall prohibit the enforcement
of any State laws or regulations relating to the sale of automobiles,
or requiring the disclosure of information regarding automobiles to the
consumer.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``add-on'' means, with respect to a new
automobile purchased from a dealer by a consumer--
(A) any motor vehicle equipment (as such term is
used in section 30102(a) of title 49, United States
Code) that is--
(i) not a system, part, or component of the
new automobile as originally manufactured; and
(ii) not itemized on the label required
under section 3 of the Automobile Information
Disclosure Act (15 U.S.C. 1232);
(B) any modification of the new automobile, or of
any motor vehicle equipment provided as a system, part,
or component of the new automobile as originally
manufactured, that is performed by, or on behalf of,
the dealer;
(C) any written warranty or service contract
provided by a warrantor, the dealer, or a third party
(other than the manufacturer); or
(D) any service provided by, or on behalf of, the
dealer to the consumer that is--
(i) related to any equipment described in
subparagraph (A) (including installation) or to
a modification described in subparagraph (B);
(ii) not included in the cost of such
equipment or modification; and
(iii) not a financial service.
(2) The term ``consumer'' has the meaning given the term
``ultimate purchaser'' in section 2 of the Automobile
Information Disclosure Act (15 U.S.C. 1231).
(3) The term ``dealer'' has the meaning given that term in
section 30102(a) of title 49, United States Code.
(4) The terms ``manufacturer'' and ``new automobile'' have
the meanings given those terms in section 2 of the Automobile
Information Disclosure Act (15 U.S.C. 1231).
(5) The terms ``service contract'', ``warranty'', and
``warrantor'' have the meanings give those terms in section 101
of the Magnuson-Moss Warranty--Federal Trade Commission
Improvement Act (15 U.S.C. 2301), except that any reference to
a consumer product shall be deemed to be a reference to a new
automobile or an add-on.
SEC. 5. RULEMAKING.
Within 180 days following the enactment of this Act, the Federal
Trade Commission shall prescribe regulations to carry out this Act,
including guidelines setting forth a uniform method by which a dealer
may provide the disclosures required by section 2.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect 30 days following the issuance of a
final rule by the Federal Trade Commission pursuant to section 5. | New Automobile Add-On Disclosure and Consumer Protection Act - Requires each dealer to disclose to each consumer that purchases a new automobile: (1) a dealer add-on invoice; and (2) a dealer add-on warranty statement.
Specifies the timing of such disclosures.
States that dealer violation of this Act results in liability to the United States for a civil penalty of not more than $10,000 or the total cost of the new automobile involved (including add-ons, taxes, and any other fees charged to the customer by the dealer), whichever is greater.
Permits a private right of action by a consumer aggrieved by a violation of this Act. | To protect automobile consumers by requiring complete disclosure and warranty of any add-ons included with the sale of new automobiles. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Opportunities for Service-
Disabled Veteran-Owned Small Businesses Act of 2015''.
SEC. 2. IMPROVING CONTRACTING OPPORTUNITIES FOR CERTAIN VETERAN-OWNED
SMALL BUSINESSES.
(a) Definition of Small Business Concern Consolidated.--Section
3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Small business concern owned and controlled by
service-disabled veterans.--The term `small business concern
owned and controlled by service-disabled veterans' means any of
the following:
``(A) A small business concern--
``(i) not less than 51 percent of which is
owned by one or more service-disabled veterans
or, in the case of any publicly owned business,
not less than 51 percent of the stock (not
including any stock owned by an ESOP) of which
is owned by one or more service-disabled
veterans; and
``(ii) the management and daily business
operations of which are controlled by one or
more service-disabled veterans or, in the case
of a veteran with permanent and severe
disability, the spouse or permanent caregiver
of such veteran.
``(B) A small business concern--
``(i) not less than 51 percent of which is
owned by one or more service-disabled veterans
with a disability that is rated by the
Secretary of Veterans Affairs as a permanent
and total disability who are unable to manage
the daily business operations of such concern;
or
``(ii) in the case of a publicly owned
business, not less than 51 percent of the stock
(not including any stock owned by an ESOP) of
which is owned by one or more such veterans.
``(C)(i) During the time period described in clause
(ii), a small business concern that was a small
business concern described in subparagraph (A) or (B)
immediately prior to the death of a service-disabled
veteran who was the owner of the concern, the death of
whom causes the concern to be less than 51 percent
owned by one or more service-disabled veterans, if--
``(I) the surviving spouse of the deceased
veteran acquires such veteran's ownership
interest in such concern;
``(II) such veteran had a service-connected
disability (as defined in section 101(16) of
title 38, United States Code) rated as 100-
percent disabling under the laws administered
by the Secretary of Veterans Affairs or such
veteran died as a result of a service-connected
disability; and
``(III) immediately prior to the death of
such veteran, and during the period described
in clause (ii), the small business concern is
included in the database described in section
8127(f) of title 38, United States Code.
``(ii) The time period described in this clause is
the time period beginning on the date of the veteran's
death and ending on the earlier of--
``(I) the date on which the surviving
spouse remarries;
``(II) the date on which the surviving
spouse relinquishes an ownership interest in
the small business concern; or
``(III) the date that is 10 years after the
date of the death of the veteran.''; and
(2) by adding at the end the following new paragraphs:
``(6) ESOP.--The term `ESOP' has the meaning given the term
`employee stock ownership plan' in section 4975(e)(7) of the
Internal Revenue Code of 1986 (26 U.S.C. 4975(e)(7)).
``(7) Surviving spouse.--The term `surviving spouse' has
the meaning given such term in section 101(3) of title 38,
United States Code.''.
(b) Veterans Affairs Definition of Small Business Concern
Consolidated.--
(1) In general.--Section 8127 of title 38, United States
Code, is amended--
(A) by striking subsection (h) and redesignating
subsections (i) through (l) as subsections (h) through
(k), respectively; and
(B) in subsection (k), as so redesignated--
(i) by amending paragraph (2) to read as
follows:
``(2) The term `small business concern owned and controlled
by veterans' has the meaning given that term under section
3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)).''; and
(ii) by adding at the end the following new
paragraph:
``(3) The term `small business concern owned and controlled
by veterans with service-connected disabilities' has the
meaning given the term `small business concern owned and
controlled by service-disabled veterans' under section 3(q)(2)
of the Small Business Act (15 U.S.C. 632(q)(2)).''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b), by inserting ``or a small
business concern owned and controlled by veterans with
service-connected disabilities'' after ``a small
business concern owned and controlled by veterans'';
(B) in subsection (c), by inserting ``or a small
business concern owned and controlled by veterans with
service-connected disabilities'' after ``a small
business concern owned and controlled by veterans'';
(C) in subsection (d) by inserting ``or small
business concerns owned and controlled by veterans with
service-connected disabilities'' after ``small business
concerns owned and controlled by veterans'' both places
it appears; and
(D) in subsection (f)(1), by inserting ``, small
business concerns owned and controlled by veterans with
service-connected disabilities,'' after ``small
business concerns owned and controlled by veterans''.
(c) Technical Correction.--Section 8(d)(3) of the Small Business
Act (15 U.S.C. 637(d)(3)), is amended by adding at the end the
following new subparagraph:
``(H) In this contract, the term `small business concern
owned and controlled by service-disabled veterans' has the
meaning given that term in section 3(q).''.
SEC. 3. REGULATIONS RELATING TO DATABASE OF THE SECRETARY OF VETERANS
AFFAIRS.
(a) Requirement To Use Certain Small Business Administration
Regulations.--Section 8127(f)(4) of title 38, United States Code, is
amended by striking ``verified'' and inserting ``verified, using
regulations issued by the Administrator of the Small Business
Administration with respect to the status of the concern as a small
business concern and the ownership and control of such concern,''.
(b) Prohibition on Secretary of Veterans Affairs Issuing Certain
Regulations.--Section 8127(f) of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(7) The Secretary may not issue regulations related to the status
of a concern as a small business concern and the ownership and control
of such small business concern.''.
(c) Delayed Effective Date.--The amendments made by this section
and section 2 shall take effect on the date on which the Administrator
of the Small Business Administration and the Secretary of Veterans
Affairs jointly issue regulations implementing such sections. Such date
shall be not later than 18 months after the date of enactment of this
Act.
SEC. 4. APPEALS OF INCLUSION IN DATABASE.
(a) In General.--Section 8127(f) of title 38, United States Code,
as amended by section 3, is further amended by adding at the end the
following new paragraph:
``(8)(A) If the Secretary does not verify a concern for inclusion
in the database under this subsection based on the status of the
concern as a small business concern or the ownership or control of the
concern, the concern may appeal the denial of verification to the
Office of Hearings and Appeals of the Small Business Administration (as
established under part 134 of title 13, Code of Federal Regulations, or
any successor administrative appellate entity created with the Small
Business Administration). The decision of the Office of Hearings and
Appeals shall be considered a final agency action.
``(B)(i) If an interested party challenges the inclusion in the
database of a small business concern owned and controlled by veterans
or a small business concern owned and controlled by veterans with
service-connected disabilities based on the status of the concern as a
small business concern or the ownership or control of the concern, the
challenge shall be heard by the Office of Hearings and Appeals of the
Small Business Administration as described in subparagraph (A). The
decision of the Office of Hearings and Appeals shall be considered
final agency action.
``(ii) In this subparagraph, the term `interested party' means--
``(I) the Secretary; and
``(II) in the case of a small business concern that is
awarded a contract, the contracting officer of the Department
or another small business concern that submitted an offer for
the contract that was awarded to the small business concern
that submitted an offer under clause (i).
``(C) For each fiscal year, the Secretary shall reimburse the
Administrator of the Small Business Administration in an amount
necessary to cover any cost incurred by the Office of Hearings and
Appeals of the Small Business Administration for actions taken by the
Office under this paragraph. The amount of any such reimbursement shall
be determined jointly by the Secretary and the Administrator and shall
be provided from fees collected by the Secretary under multiple-award
schedule contracts. Any disagreement about the amount shall be resolved
by the Director of the Office of Management and Budget.''.
(b) Effective Date.--Paragraph (8) of subsection (f) of title 38,
United States Code, as added by subsection (a), shall apply with
respect to a verification decision made by the Secretary of Veterans
Affairs on or after the date of the enactment of this Act. | Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2015 This bill amends the Small Business Act to expand the definition of "small business concern owned and controlled by service-disabled veterans" for purposes of federal agencies awarding small business contracts pursuant to Small Business Administration (SBA) programs to include: a small business concern not less than 51% of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern; or in the case of a publicly owned business, a small business concern not less than 51% of the stock of which is owned by one or more such veterans. (Currently, such veterans with permanent and total disabilities are provided for in a separate small business program under veterans' benefits laws carried out by the Department of Veterans Affairs [VA].) The VA definition of "small business concern owned and controlled by veterans" is revised to be the same as the SBA definition of such term, thereby making the eligibility requirements for participation in veteran-owned small business contracting programs consistent for both SBA programs and VA programs. The VA, when listing small businesses in the database of small business concerns owned and controlled by veterans and the veteran owners of such business concerns, must use SBA regulations with respect to a concern's small business status and the ownership and control of it. If the VA does not verify a concern for inclusion in its database based on its status as a small business or its ownership or control, the concern may appeal the denial to the SBA Office of Hearings and Appeals, whose decision shall be considered a final agency action. The VA shall reimburse the SBA for fiscal year costs incurred by the Office of Hearings and Appeals for actions taken pursuant to this Act. | Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minority Equity Capital Formation
Act of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there is a severe shortage of capital available and
targeted for investment in the United States minority business
marketplace and that such shortage constitutes a ``capital
gap'';
(2) the capital gap is a significant barrier to increased
minority entrepreneurship, employment, and economic
development;
(3) the development of targeted venture capital resources
is an important and needed stimulus for economic development,
employment growth, and wealth creation;
(4) existing Federal incentives are inadequate to address
the capital gap;
(5) the existing system of federally regulated specialized
small business investment companies (and similar public and
private entities who support and invest in the minority small
business marketplace) should be fully utilized to aggregate and
efficiently deploy new capital investments; and
(6) it is essential, and should be a high priority of the
United States Government, to pursue a broad array of Federal
tax and other domestic policies that will serve as a catalyst
for the creation of capital pools for investment in the
minority enterprise marketplace.
(b) Purposes.--The purposes of this Act are to--
(1) authorize a Federal tax credit for investment in
qualified minority fund interests;
(2) increase the availability of venture capital for
minority small business;
(3) strengthen existing public and private minority venture
capital financial institutions (as well as to encourage the
formation of such new institutions); and
(4) through these actions, support minority enterprise and
economic development, increase minority entrepreneurship and
employment, and to enhance the opportunities for minority
persons to participate fully in the free enterprise system.
SEC. 3. INCENTIVES FOR INVESTMENTS IN MINORITY VENTURE CAPITAL FUNDS.
(a) General Rule.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to credits against tax) is
amended by adding at the end thereof the following new subpart:
``Subpart H--Incentives for Investments in Minority Venture Capital
Funds
``Sec. 54. Credit for investment in
minority venture capital funds.
``Sec. 54A. Recapture provisions.
``Sec. 54B. Definitions and special
rules.
``SEC. 54. CREDIT FOR INVESTMENT IN MINORITY VENTURE CAPITAL FUNDS.
``(a) General Rule.--For purposes of section 38, the minority
venture capital fund credit determined under this section is an amount
equal to 20 percent of the aggregate bases of qualified minority fund
interests which are acquired by the taxpayer during the taxable year at
their original issuance (directly or through an underwriter) and which
are held by the taxpayer at the end of the taxable year.
``(b) Limitations.--The credit determined under paragraph (1) for
any taxable year shall not exceed the lesser of--
``(1) $250,000 ($125,000 in the case of a separate return
by a married individual), or
``(2) $7,000,000, ($3,500,000 in the case of a separate
return by a married individual), reduced by the amount of the
credit allowed under paragraph (1) for all preceding taxable
years.
``SEC. 54A. RECAPTURE PROVISIONS.
``(a) Basis Reduction.--
``(1) In general.--If a credit is determined under section
54(a) with respect to any qualified minority fund interest, the
basis of such qualified minority fund interest shall be reduced
by the credit so determined.
``(2) Certain dispositions.--If during any taxable year
there is a recapture under subsection (c) with respect to any
qualified minority fund interest, the basis of such interest
(immediately before the event resulting in such recapture)
shall be increased by an amount equal to the recapture amount.
For purposes of the preceding sentence, the term `recapture
amount' means any increase in tax under subsection (c) (or
adjustment in carrybacks or carryovers under subsection (c)) to
the extent attributable to the amount referred to in subsection
(c)(1)(A).
``(b) Tax Credit Recaptured as Ordinary Income.--
``(1) In general.--For purposes of section 1245--
``(A) any property the basis of which is reduced
under subsection (a) (and any other property the basis
of which is determined in whole or in part by reference
to the adjusted basis of such property) shall be
treated as section 1245 property, and
``(B) any reduction under subsection (a) shall be
treated as a deduction allowed for depreciation.
If an exchange of any stock or partnership interest the basis
of which is reduced under subsection (a) qualifies under
section 351(a), 354(a), 355(a), or 356(a), the amount of gain
recognized under section 1245 by reason of this paragraph shall
not exceed the amount of gain recognized in the exchange
(determined without regard to this paragraph).
``(2) Certain events treated as dispositions.--For purposes
of this subsection and subsection (c), if a credit was
determined under section 54 with respect to any stock in a
corporation or interest in a partnership and such stock or
partnership interest, as the case may be, ceases to be a
qualified minority fund interest, the taxpayer shall be treated
as having disposed of such property (as of the time of such
cessation) for an amount equal to its fair market value.
``(c) Increase in Tax if Disposition Within 5 Years.--
``(1) In general.--If a taxpayer disposes of any qualified
minority fund interest before the close of the fifth taxable
year after the taxable year in which such interest was acquired
by the taxpayer, the tax imposed by this chapter for the
taxable year in which such disposition occurs shall be
increased by the sum of--
``(A) the recapture percentage of the aggregate
decrease in the credits allowed under section 38 for
all prior taxable years which would have resulted
solely from reducing to zero any credit determined
under this subpart with respect to such interest, and
``(B) the interest amount determined under
paragraph (3).
``(2) Recapture percentage.--For purposes of paragraph (1),
the recapture percentage is--
``(A) 100 percent if the disposition occurs during
the first, second, or third taxable year after the
taxable year in which the qualified minority fund
interest was acquired, and
``(B) 50 percent if the disposition occurs in the
fourth or fifth taxable year after the taxable year in
which such interest was acquired.
``(3) Interest amount.--For purposes of paragraph (1), the
interest amount determined under this paragraph is interest
determined at the overpayment rate established under section
662(a)(2) (without regard to section 6621(c))--
``(A) on the recapture percentage of each decrease
in credit referred to in paragraph (1)(A) for any prior
taxable year,
``(B) for the period beginning on the due date for
such prior taxable year and ending on the due date for
the taxable year in which the disposition occurs.
For purposes of the preceding sentence, the term `due date'
means the due date (determined without regard to extensions)
for filing the return of the tax imposed by this chapter.
``(4) Carrybacks and carryovers adjusted.--In the case of
any disposition described in paragraph (1), the carrybacks and
carryovers under section 39 shall be adjusted by reason of such
disposition.
``(5) Coordination with other credits, etc.--Any increase
in tax under paragraph (1) shall not be treated as a tax
imposed by this chapter for purposes of determining the amount
of--
``(A) any credit allowable under subpart A, B, D,
or G, and
``(B) the minimum tax imposed by section 55.
``(6) Special rules.--For purposes of this subsection--
``(A) Mere change in form.--A taxpayer shall not be
treated as disposing of any qualified minority fund
interest by reason of a mere change in the form of the
taxpayer, the entity which issued such interest or any
qualified minority business.
``(B) Exception for certain transfers.--Paragraph
(1) shall not apply to any transfer by reason of death
or in a transaction to which section 381(a) applies.
``SEC. 54B. DEFINITIONS AND SPECIAL RULES.
``(a) Qualified Minority Business Defined.--For purposes of this
subpart--
``(1) General rule.--The term `qualified minority business'
means any domestic business if--
``(A) 50 percent or more of the total value of the
ownership interests in such business are held (directly
or indirectly) by individuals who are members of a
minority,
``(B) throughout the 5-year period ending on the
date as of which the determination is being made (or,
if shorter, throughout the period such business was in
existence), such business has been engaged in the
active conduct of a trade or business or in startup
activities relating to a trade or business, and
``(C) substantially all of the assets of such
business are being used in the active conduct of a
trade or business or in startup activities related to a
trade or business.
``(2) Domestic business.--For purposes of paragraph (1),
the term `domestic business' means--
``(A) any domestic corporation or domestic
partnership, and
``(B) any trade or business conducted in the United
States as a sole proprietorship.
``(b) Qualified Minority Fund Interest Defined.--For purposes of
this subpart, the term `qualified minority fund interest' means any
stock in a domestic corporation or partnership interest in a domestic
partnership if--
``(1) such stock or partnership interest (as the case may
be) is issued after the date of the enactment of this subpart
solely in exchange for money,
``(2) such corporation or partnership (as the case may be)
was formed exclusively for purposes of--
``(A) acquiring at original issuance (directly or
through an underwriter) owner interests in qualified
minority businesses, or
``(B) making loans to such businesses, and
``(3) at least 80 percent of the total bases of its assets
is represented by--
``(A) investments referred to in paragraph (2), and
``(B) cash and cash equivalents.
``(c) Minority Individuals.--For purposes of this subpart,
individuals are members of a minority if the participation of such
individuals in the free enterprise system is hampered because of social
disadvantage within the meaning of section 301(d) of the Small Business
Investment Act of 1958.
``(d) Controlled Group Rules.--
``(1) In general.--All corporations which are members of
the same controlled groups shall be treated as 1 corporation
for purposes of this subpart.
``(2) Controlled group.--For purposes of paragraph (1), the
term `controlled group' has the meaning given such term by
section 179(d)(7).''
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (7), by striking the period at the end of paragraph (8) and
inserting ``, plus'', and by adding at the end thereof the following
new paragraph:
``(9) the minority venture capital fund credit determined
under section 54.''
(c) Credit May Offset 25 Percent of Minimum Tax.--Subsection (c) of
section 38 of such Code is amended by redesignating paragraph (2) as
paragraph (3) and by inserting after paragraph (1) the following new
paragraph:
``(2) Credit for investments in minority venture capital
funds may offset 25 percent of minimum tax.--
``(A) In general.--In the case of a C corporation,
the amount determined under paragraph (1)(A) shall be
reduced by the lesser of--
``(i) the portion of the credit under
section 54 not used against the normal
limitation, or
``(ii) 25 percent of the taxpayer's
tentative minimum tax for the taxable year.
``(B) Portion of the credit under section 54 not
used against normal limit.--For purposes of
subparagraph (A), the portion of the credit under
section 54 for any taxable year not used against the
normal limitation is the excess (if any) of--
``(i) the portion of the credit under
subsection (a) which is attributable to the
credit under section 54, over
``(ii) the limitation of paragraph (1)
(without regard to this paragraph) reduced by
the portion of the credit under subsection (a)
which is not so attributable.
``(C) Limitation.--In no event shall this paragraph
permit the allowance of a credit which would result in
a net chapter 1 tax less than an amount equal to 10
percent of the amount determined under section
55(b)(1)(A) without regard to the alternative tax net
operating loss deduction. For purposes of the preceding
sentence, the term `net chapter 1 tax' means the sum of
the regular tax liability for the taxable year and the
tax imposed by section 55 for the taxable year, reduced
by the sum of the credits allowable under this part for
the taxable year (other than under section 34).''
(d) Clerical Amendment.--The table of subparts for part IV
subchapter A of chapter 1 of such Code is amended by adding at the end
thereof the following item:
``Subpart H. Incentives for investments
in enterprises owned by
disadvantaged individuals.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Minority Equity Capital Formation Act of 1993 - Amends the Internal Revenue Code to allow a minority venture capital fund credit of 20 percent of the aggregate bases of qualified minority fund interests, with limitations. Sets forth recapture provisions for such stock. Makes such credit a part of the general business credit and allows it to offset a portion of the tentative minimum tax. | Minority Equity Capital Formation Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gullah/Geechee Cultural Heritage
Act''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) recognize the important contributions made to American
culture and history by African Americans known as the Gullah/
Geechee who settled in the coastal counties of South Carolina,
Georgia, North Carolina, and Florida;
(2) assist State and local governments and public and
private entities in South Carolina, Georgia, North Carolina,
and Florida in interpreting the story of the Gullah/Geechee and
preserving Gullah/Geechee folklore, arts, crafts, and music;
and
(3) assist in identifying and preserving sites, historical
data, artifacts, and objects associated with the Gullah/Geechee
for the benefit and education of the public.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Commission.--The term ``Commission'' means the Gullah/
Geechee Cultural Heritage Corridor Commission established under
this Act.
(2) Heritage corridor.--The term ``Heritage Corridor''
means the Gullah/Geechee Cultural Heritage Corridor established
by this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR.
(a) Establishment.--There is established the Gullah/Geechee
Cultural Heritage Corridor.
(b) Boundaries.--
(1) In general.--The Heritage Corridor shall be comprised
of those lands and waters generally depicted on a map entitled
``Gullah/Geechee Cultural Heritage Corridor'' numbered GGCHC
80,000 and dated September 2004. The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service and in an appropriate State office in
each of the States included in the Heritage Corridor. The
Secretary shall publish in the Federal Register, as soon as
practicable after the date of enactment of this Act, a detailed
description and map of the boundaries established under this
subsection.
(2) Revisions.--The boundaries of the heritage corridor may
be revised if the revision is--
(A) proposed in the management plan developed for
the Heritage Corridor;
(B) approved by the Secretary in accordance with
this Act; and
(C) placed on file in accordance with paragraph
(1).
(c) Administration.--The Heritage Corridor shall be administered in
accordance with the provisions of this Act.
SEC. 5. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the ``Gullah/Geechee Cultural Heritage Corridor Commission''
whose purpose shall be to assist Federal, State, and local authorities
in the development and implementation of a management plan for those
land and waters specified in section 4.
(b) Membership.--The Commission shall be composed of 15 members
appointed by the Secretary as follows:
(1) Four individuals nominated by the State Historic
Preservation Officer of South Carolina and two individuals each
nominated by the State Historic Preservation Officer of each of
Georgia, North Carolina, and Florida and appointed by the
Secretary.
(2) Two individuals from South Carolina and one individual
from each of Georgia, North Carolina, and Florida who are
recognized experts in historic preservation, anthropology, and
folklore, appointed by the Secretary.
(c) Terms.--Members of the Commission shall be appointed to terms
not to exceed 3 years. The Secretary may stagger the terms of the
initial appointments to the Commission in order to assure continuity of
operation. Any member of the Commission may serve after the expiration
of their term until a successor is appointed. A vacancy shall be filled
in the same manner in which the original appointment was made.
(d) Termination.--The Commission shall terminate 10 years after the
date of the enactment of this Act.
SEC. 6. OPERATION OF THE COMMISSION.
(a) Duties of the Commission.--To further the purposes of the
Heritage Corridor, the Commission shall--
(1) prepare and submit a management plan to the Secretary
in accordance with section 7;
(2) assist units of local government and other persons in
implementing the approved management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values within the Heritage Corridor;
(B) establishing and maintaining interpretive
exhibits and programs within the Heritage Corridor;
(C) developing recreational and educational
opportunities in the Heritage Corridor;
(D) increasing public awareness of and appreciation
for the historical, cultural, natural, and scenic
resources of the Heritage Corridor;
(E) protecting and restoring historic sites and
buildings in the Heritage Corridor that are consistent
with heritage corridor themes;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access
and sites of interest are posted throughout the
Heritage Corridor; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the purposes of the Heritage Corridor;
(3) consider the interests of diverse units of government,
business, organizations, and individuals in the Heritage
Corridor in the preparation and implementation of the
management plan;
(4) conduct meetings open to the public at least quarterly
regarding the development and implementation of the management
plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the Commission receives Federal funds under this
Act, setting forth its accomplishments, expenses, and income,
including grants made to any other entities during the year for
which the report is made;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this Act, all information
pertaining to the expenditure of such funds and any matching
funds, and require all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organization make available for audit all records and other
information pertaining to the expenditure of such funds; and
(7) encourage by appropriate means economic viability that
is consistent with the purposes of the Heritage Corridor.
(b) Authorities.--The Commission may, for the purposes of preparing
and implementing the management plan, use funds made available under
this Act to--
(1) make grants to, and enter into cooperative agreements
with, the States of South Carolina, North Carolina, Florida,
and Georgia, political subdivisions of those States, a
nonprofit organization, or any person;
(2) hire and compensate staff;
(3) obtain funds from any source including any that are
provided under any other Federal law or program; and
(4) contract for goods and services.
SEC. 7. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage Corridor
shall--
(1) include comprehensive policies, strategies, and
recommendations for conservation, funding, management, and
development of the Heritage Corridor;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the historical, cultural, and natural resources of the
Heritage Corridor;
(4) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Corridor in the
first 5 years of implementation;
(5) include an inventory of the historical, cultural,
natural, resources of the Heritage Corridor related to the
themes of the Heritage Corridor that should be preserved,
restored, managed, developed, or maintained;
(6) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative
agreements to protect the Heritage Corridor's historical,
cultural, and natural resources;
(7) describe a program for implementation of the management
plan including plans for resources protection, restoration,
construction, and specific commitments for implementation that
have been made by the Commission or any government,
organization, or individual for the first 5 years of
implementation;
(8) include an analysis and recommendations for the ways in
which Federal, State, or local programs may best be coordinated
to further the purposes of this Act; and
(9) include an interpretive plan for the Heritage Corridor.
(b) Submittal of Management Plan.--The Commission shall submit the
management plan to the Secretary for approval not later than 3 years
after funds are made available for this Act.
(c) Failure to Submit.--If the Commission fails to submit the
management plan to the Secretary in accordance with subsection (b), the
Heritage Corridor shall not qualify for Federal funding until the
management plan is submitted.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
the management plan not later than 90 days after receiving the
management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether--
(A) the Commission has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan;
(B) the resource preservation and interpretation
strategies contained in the management plan would
adequately protect the cultural and historic resources
of the Heritage Corridor; and
(C) the Secretary has received adequate assurances
from appropriate State and local officials whose
support is needed to ensure the effective
implementation of the State and local aspects of the
plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise the
Commission in writing of the reasons therefor and shall make
recommendations for revisions to the management plan. The
Secretary shall approve or disapprove a proposed revision not
later than 60 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed and approved by the Secretary
in the same manner as provided in the original management plan.
The Commission shall not use Federal funds authorized by this
Act to implement any amendments until the Secretary has
approved the amendments.
SEC. 8. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--Upon a request of the Commission, the Secretary
may provide technical and financial assistance for the development and
implementation of the management plan.
(b) Priority for Assistance.--In providing assistance under
subsection (a), the Secretary shall give priority to actions that
assist in--
(1) conserving the significant cultural, historical, and
natural resources of the Heritage Corridor; and
(2) providing educational and interpretive opportunities
consistent with the purposes of the Heritage Corridor.
(c) Spending for Non-Federal Property.--
(1) In general.--The Commission may expend Federal funds
made available under this Act on nonfederally owned property
that is--
(A) identified in the management plan; or
(B) listed or eligible for listing on the National
Register for Historic Places.
(2) Agreements.--Any payment of Federal funds made pursuant
to this Act shall be subject to an agreement that conversion,
use, or disposal of a project so assisted for purposes contrary
to the purposes of this Act, as determined by the Secretary,
shall result in a right of the United States to compensation of
all funds made available to that project or the proportion of
the increased value of the project attributable to such funds
as determined at the time of such conversion, use, or disposal,
whichever is greater.
SEC. 9. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities directly
affecting the Heritage Corridor shall--
(1) consult with the Secretary and the Commission with
respect to such activities;
(2) cooperate with the Secretary and the Commission in
carrying out their duties under this Act and, to the maximum
extent practicable, coordinate such activities with the
carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner in which the Commission determines
will not have an adverse effect on the Heritage Corridor.
SEC. 10. COASTAL HERITAGE CENTERS.
In furtherance of the purposes of this Act and using the
authorities made available under this Act, the Commission shall
establish one or more Coastal Heritage Centers at appropriate locations
within the Heritage Corridor in accordance with the preferred
alternative identified in the Record of Decision for the Low Country
Gullah Culture Special Resource Study and Environmental Impact Study,
December 2003, and additional appropriate sites.
SEC. 11. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act shall be
construed to require any private property owner to permit public access
(including Federal, State, or local government access) to such private
property. Nothing in this Act shall be construed to modify any
provision of Federal, State, or local law with regard to public access
to or use of private lands.
(b) Liability.--Designation of the Heritage Corridor shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority to Control Land Use.--Nothing in this
Act shall be construed to modify any authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage
Corridor.--Nothing in this Act shall be construed to require the owner
of any private property located within the boundaries of the Heritage
Corridor to participate in or be associated with the Heritage Corridor.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Corridor represent the area within which Federal funds
appropriated for the purpose of this Act shall be expended. The
establishment of the Heritage Corridor and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Corridor or its viewshed by the Secretary or the
management entity.
(f) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Corridor until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(g) Landowner Withdrawal.--Any owner of private property included
within the boundary of the Heritage Corridor shall have their property
immediately removed from within the boundary by submitting a written
request to the management entity.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
purposes of this Act not more than $1,000,000 for any fiscal year. Not
more than a total of $10,000,000 may be appropriated for the Heritage
Corridor under this Act.
(b) Cost Share.--Federal funding provided under this Act may not
exceed 50 percent of the total cost of any activity for which
assistance is provided under this Act.
(c) In-Kind Contributions.--The Secretary may accept in-kind
contributions as part of the non-Federal cost share of any activity for
which assistance is provided under this Act.
SEC. 13. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
shall terminate on the day occurring 15 years after the date of the
enactment of this Act.
Passed the House of Representatives March 14, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Gullah/Geechee Cultural Heritage Act - Establishes the Gullah/Geechee Cultural Heritage Corridor (Heritage Corridor) to: (1) recognize the important contributions made to American culture and history by African-Americans known as the Gullah/Geechee who settled in the coastal counties of South Carolina, North Carolina, Florida, and Georgia; (2) assist State and local governments and public and private entities in South Carolina, North Carolina, Florida, and Georgia in interpreting the story of the Gullah/Geechee and preserving Gullah/Geechee folklore, arts, crafts, and music; and (3) assist in identifying and preserving sites, historical data, artifacts, and objects associated with the Gullah/Geechee for the benefit and education of the public.
Provides that the Heritage Corridor shall be comprised of lands and waters depicted on a map entitled "Gullah/Geechee Cultural Heritage Corridor" dated September 2004 and on file at the National Park Service.
Establishes the Gullah/Geechee Cultural Heritage Corridor Commission to assist Federal, State, and local authorities to develop and implement a management plan for Gullah/Geechee lands and waters.
Sets forth the duties of the Commission, including the preparation and submission of a management plan to the Secretary of the Interior and annual reporting to the Secretary. Authorizes the Commission to make grants and enter into cooperative agreements with the States of South Carolina, North Carolina, Florida, and Georgia to prepare and implement the management plan.
Provides for technical and financial assistance to the Commission.
Requires the Commission to establish one or more Coastal Heritage Centers in the Heritage Corridor in accordance with the Low Country Gullah Culture Special Resource Study and Environmental Impact Study, December 2003, and additional appropriate sites.
Sets forth protections for private landowners in the Heritage Corridor.
Authorizes appropriations.
Terminates the authorities under this Act 15 years after enactment. | To enhance the preservation and interpretation of the Gullah/Geechee cultural heritage, and for other purposes. |
SECTION 1. FORT PRESQUE ISLE NATIONAL HISTORIC SITE.
(a) Findings and Purposes.--
(1) Findings.--The Congress finds the following:
(A) Fort Presque Isle was a frontier outpost
located on Garrison Hill in the area of present-day
Erie, Pennsylvania, which was the site of the American
installations built from 1795 to 1796 and in the War of
1812.
(B) General Anthony Wayne was a Revolutionary War
hero who served under General George Washington and, at
one point, was Commander in Chief of the United States
Army. He first arrived in the area in 1786.
(C) Legend has it that Anthony Wayne was nicknamed
``Mad'' by his troops, not for being rash or foolish,
but for his leadership and bravery on and off the
battlefield.
(D) The original blockhouse of Fort Presque Isle
was built in 1795 by 200 Federal troops from General
Wayne's army, under the direction of Captain John
Grubb. It was the first blockhouse used as part of a
defensive system established to counter Native American
uprisings. It was also used during the War of 1812.
(E) Anthony Wayne was stricken ill at Fort Presque
Isle, and died there in 1796. At his request, his body
was buried under the flagpole of the northwest
blockhouse of the fort.
(F) The original blockhouse burned in 1852, and the
existing structure was built by the Commonwealth of
Pennsylvania in 1880 as a memorial to Anthony Wayne.
(2) Purposes.--The purposes of this section are the
following:
(A) To provide for reconstruction of the frontier
fort at Presque Isle for the benefit, inspiration, and
education of the people of the United States.
(B) To preserve the original grave site of General
``Mad'' Anthony Wayne at Fort Presque Isle.
(C) To broaden understanding of the historical
significance of Fort Presque Isle.
(b) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
Fort Presque Isle National Historic Site established by
subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Fort Presque Isle National Historic Site.--
(1) Establishment.--There is established the Fort Presque
Isle National Historic Site in Erie, Pennsylvania.
(2) Description.--
(A) In general.--The historic site shall consist of
land and improvements comprising the historic location
of Fort Presque Isle, including the existing blockhouse
replica at that location, as depicted on a map entitled
``________'', numbered ________ and dated ________,
comprising approximately ________ acres.
(B) Map and boundary description.--The map referred
to in subparagraph (A) and accompanying boundary
description shall be on file and available for public
inspection in the office of the Director of the
National Park Service and any other office of the
National Park Service that the Secretary determines to
be an appropriate location for filing the map and
boundary description.
(d) Administration of the Historic Site.--
(1) In general.--The Secretary shall administer the
historic site in accordance with this section and the
provisions of law generally applicable to units of the National
Park System, including the Act entitled ``An Act to establish a
National Park Service, and for other purposes'', approved
August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August
21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et seq.).
(2) Cooperative agreements.--To further the purposes of
this section, the Secretary may enter into a cooperative
agreement with any interested individual, public or private
agency, organization, or institution.
(3) Technical and preservation assistance.--
(A) In general.--The Secretary may provide to any
eligible person described in subparagraph (B) technical
assistance for the preservation of historic structures
of, the maintenance of the cultural landscape of, and
local preservation planning for, the historic site.
(B) Eligible persons.--The eligible persons
described in this subparagraph are--
(i) an owner of real property within the
boundary of the historic site, as described in
subsection (c)(2); and
(ii) any interested individual, agency,
organization, or institution that has entered
into an agreement with the Secretary pursuant
to paragraph (2) of this subsection.
(e) Acquisition of Real Property--The Secretary may acquire by
donation, exchange, or purchase with funds made available by donation
or appropriation, such lands or interests in lands as may be necessary
to allow for the interpretation, preservation, or restoration of the
historic site.
(f) General Management Plan.--
(1) In general.--Not later than the last day of the third
full fiscal year beginning after the date of enactment of this
Act, the Secretary shall, in consultation with the officials
described in paragraph (2), prepare a general management plan
for the historic site.
(2) Consultation.--In preparing the general management
plan, the Secretary shall consult with an appropriate official
of each appropriate political subdivisions of the State of
Pennsylvania that have jurisdiction over all or a portion of
the historic site.
(3) Submission of plan to congress.--Upon the completion of
the general management plan, the Secretary shall submit a copy
of the plan to the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the House of
Representatives. | Establishes the Fort Presque Isle National Historic Site in Erie, Pennsylvania.
Directs the Secretary of the Interior to administer such site and submit a general management plan to specified congressional committees. | To establish the Fort Presque Isle National Historic Site in Erie, Pennsylvania. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Elko Motocross and
Tribal Conveyance Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
Sec. 101. Definitions.
Sec. 102. Conveyance of land to county.
TITLE II--ELKO INDIAN COLONY EXPANSION
Sec. 201. Definitions.
Sec. 202. Land to be held in trust for the Te-moak Tribe of Western
Shoshone Indians of Nevada.
Sec. 203. Authorization of appropriations.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior, acting through the Bureau of Land Management.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
SEC. 101. DEFINITIONS.
In this title:
(1) City.--The term ``city'' means the city of Elko,
Nevada.
(2) County.--The term ``county'' means the county of Elko,
Nevada.
(3) Map.--The term ``map'' means the map entitled ``Elko
Motocross Park'' and dated January 9, 2010.
SEC. 102. CONVEYANCE OF LAND TO COUNTY.
(a) In General.--As soon as practicable after the date of enactment
of this Act, subject to valid existing rights, and notwithstanding the
land use planning requirements of sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the
Secretary shall convey to the county, without consideration, all right,
title, and interest of the United States in and to the land described
in subsection (b).
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 300 acres of land managed by the Bureau of
Land Management, Elko District, Nevada, as depicted on the map as
``Elko Motocross Park''.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the parcel to be conveyed under this section.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(d) Use of Conveyed Land.--The land conveyed under subsection (a)
shall be used only--
(1) as a motocross, off-highway vehicle, and stock car
racing area; or
(2) for any other public purpose consistent with the Act of
June 14, 1926 (commonly known as the ``Recreation and Public
Purposes Act''), (43 U.S.C. 869 et seq.).
(e) Administrative Costs.--The Secretary shall require the county
to pay all survey costs and other administrative costs necessary for
the preparation and completion of any patents for, and transfers of
title to, the land described in subsection (b).
(f) Reversion.--If the land conveyed under subsection (a) ceases to
be used for the public purpose for which the land was conveyed, the
land shall, at the discretion of the Secretary, revert to the United
States.
TITLE II--ELKO INDIAN COLONY EXPANSION
SEC. 201. DEFINITIONS.
In this title:
(1) Map.--The term ``map'' means the map entitled ``Te-moak
Tribal Land Expansion'', dated September 30, 2008, and on file
and available for public inspection in the appropriate offices
of the Bureau of Land Management.
(2) Tribe.--The term ``Tribe'' means the Te-moak Tribe of
Western Shoshone Indians of Nevada, which is a federally
recognized Indian tribe.
SEC. 202. LAND TO BE HELD IN TRUST FOR THE TE-MOAK TRIBE OF WESTERN
SHOSHONE INDIANS OF NEVADA.
(a) In General.--Subject to valid existing rights, all right,
title, and interest of the United States in and to the land described
in subsection (b)--
(1) shall be held in trust by the United States for the
benefit and use of the Tribe; and
(2) shall be part of the reservation of the Tribe.
(b) Description of Land.--The land referred to in subsection (a)
consists of approximately 373 acres of land administered by the Bureau
of Land Management and identified on the map as ``Lands to be Held in
Trust''.
(c) Survey.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).
(d) Conditions.--
(1) Rights-of-way.--Before taking the land into trust under
subsection (a), not later than 120 days after the date of
enactment of this Act, the Secretary shall--
(A) complete any applicable environmental review
for conveyance of a right-of-way for Jennings Road, as
depicted on the map; and
(B) subject to the environmental review under
subparagraph (A), convey the right-of-way to the City
of Elko.
(2) Gaming.--Land taken into trust under subsection (a)
shall not be eligible, or considered to have been taken into
trust, for class II gaming or class III gaming (as those terms
are defined in section 4 of the Indian Gaming Regulatory Act
(25 U.S.C. 2703)).
(3) Use of trust land.--With respect to the use of the land
taken into trust under subsection (a), the Tribe shall limit
the use of the land to--
(A) traditional and customary uses;
(B) stewardship conservation for the benefit of the
Tribe; and
(C)(i) residential or recreational development; or
(ii) commercial use.
(4) Thinning; landscape restoration.--With respect to the
land taken into trust under subsection (a), the Secretary, in
consultation and coordination with the Tribe, may carry out any
fuels reduction and other landscape restoration activities on
the land that is beneficial to the Tribe and the Bureau of Land
Management.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title. | Elko Motocross and Tribal Conveyance Act - Directs the Secretary of the Interior to convey to Elko County, Nevada, without consideration, all right, title, and interest of the United States in and to approximately 300 acres of land managed by the Bureau of Land Management (BLM), Elko District, Nevada, as depicted on the map as "Elko Motocross Park." Requires the land conveyed to be used only: (1) as a motocross, off-highway vehicle, and stock car racing area; or (2) for any other public purpose consistent with the Recreation and Public Purposes Act.
Holds in trust by the United States for the benefit and use of the Te-moak Tribe of Western Shoshone Indians of Nevada and makes a part of the Tribe's reservation approximately 373 acres of BLM administered land identified on a specified map as "Lands to be Held in Trust." Prohibits class II or III gaming on such land. Limits the use of such land to: (1) traditional and customary uses; (2) stewardship conservation for the benefit of the Tribe; and (3) residential or recreational development, or commercial use. | A bill to require the Secretary of the Interior to convey certain Federal land to Elko County, Nevada, and to take land into trust for the Te-moak Tribe of Western Shoshone Indians of Nevada, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Safety Device Act of 2004''.
SEC. 2. REQUIREMENT OF CHILD HANDGUN SAFETY DEVICES.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(36) The term `locking device' means a device or locking
mechanism that is approved by a licensed firearms manufacturer
for use on the handgun with which the device or locking
mechanism is sold, delivered, or transferred and that--
``(A) if installed on a firearm and secured by
means of a key or a mechanically, electronically, or
electromechanically operated combination lock, is
designed to prevent the firearm from being discharged
without first deactivating or removing the device by
means of a key or mechanically, electronically, or
electromechanically operated combination lock;
``(B) if incorporated into the design of a firearm,
is designed to prevent discharge of the firearm by any
person who does not have access to the key or other
device designed to unlock the mechanism and thereby
allow discharge of the firearm; or
``(C) is a safe, gun safe, gun case, lock box, or
other device that is designed to store a firearm and
that is designed to be unlocked only by means of a key,
a combination, or other similar means.''.
(b) Unlawful Acts.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by adding at the end the following:
``(z) Locking Devices.--
``(1) In general.--Except as provided under paragraph (2),
it shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or transfer
any handgun to any person other than a licensed importer,
licensed manufacturer, or licensed dealer, unless the
transferee is provided with a locking device for that handgun.
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A) the manufacture for, transfer to, or
possession by, the United States, a department or
agency of the United States, a State, or a department,
agency, or political subdivision of a State, of a
firearm;
``(B) transfer to, or possession by, a law
enforcement officer employed by an entity referred to
in subparagraph (A) of a firearm for law enforcement
purposes (whether on or off duty); or
``(C) the transfer to, or possession by, a rail
police officer employed by a rail carrier and certified
or commissioned as a police officer under State law of
a firearm for purposes of law enforcement (whether on
or off duty).''.
(2) Effective date.--Section 922(z) of title 18, United
States Code, as added by this subsection, shall take effect on
the date which is 180 days after the date of enactment of this
Act.
(c) Civil Penalties.--Section 924 of title 18, United States Code,
is amended--
(1) in subsection (a)(1), by striking ``or (f)'' and
inserting ``(f), or (p)''; and
(2) by adding at the end the following:
``(p) Penalties Relating to Locking Devices.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of section
922(z)(1) by a licensee, the Attorney General shall,
after notice and opportunity for hearing--
``(i) suspend or revoke any license issued
to the licensee under this chapter;
``(ii) subject the licensee to a civil
penalty of not more than $15,000; or
``(iii) impose the penalties described in
clauses (i) and (ii).
``(B) Review.--An action by the Attorney General
under this paragraph may be reviewed only as provided
under section 923(f).
``(2) Administrative remedies.--The suspension or
revocation of a license or the imposition of a civil penalty
under paragraph (1) does not preclude any administrative remedy
that is otherwise available to the Attorney General.''.
SEC. 3. AMENDMENT TO CONSUMER PRODUCT SAFETY ACT.
(a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et
seq.), is amended by adding at the end the following:
``SEC. 39. CHILD HANDGUN SAFETY DEVICES.
``(a) Establishment of Standard.--
``(1) Rulemaking required.--
``(A) Initiation of rulemaking.--Notwithstanding
section 3(a)(1)(E), the Commission shall initiate a
rulemaking proceeding under section 553 of title 5,
United States Code, not later than 90 days after the date of enactment
of the Child Safety Device Act of 2004 to establish a consumer product
safety standard for locking devices. The Commission may extend this 90-
day period for good cause.
``(B) Final rule.--Notwithstanding any other
provision of law, the Commission shall promulgate a
final consumer product safety standard under this
paragraph not later than 12 months after the date on
which the Commission initiated the rulemaking
proceeding under subparagraph (A). The Commission may
extend this 12-month period for good cause.
``(C) Effective date.--The consumer product safety
standard promulgated under this paragraph shall take
effect on the date which is 6 months after the date on
which the final standard is promulgated.
``(D) Standard requirements.--The standard
promulgated under this paragraph shall require locking
devices that--
``(i) are sufficiently difficult for
children to de-activate or remove; and
``(ii) prevent the discharge of the handgun
unless the locking device has been de-activated
or removed.
``(2) Inapplicable provisions.--
``(A) Provisions of this act.--Sections 7, 9, and
30(d) shall not apply to the rulemaking proceeding
described under paragraph (1). Section 11 shall not
apply to any consumer product safety standard
promulgated under paragraph (1).
``(B) Chapter 5 of title 5.--Chapter 5 of title 5,
United States Code, except for section 553 of that
title, shall not apply to this section.
``(C) Chapter 6 of title 5.--Chapter 6 of title 5,
United States Code, shall not apply to this section.
``(b) Enforcement.--Notwithstanding subsection (a)(2)(A), the
consumer product safety standard promulgated by the Commission pursuant
to subsection (a) shall be enforced under this Act as if it were a
consumer product safety standard described under section 7(a).
``(c) Definitions.--In this section, the following definitions
shall apply:
``(1) Child.--The term `child' means an individual who has
not attained the age of 13 years.
``(2) Locking device.--The term `locking device' has the
meaning given that term in clauses (i) and (iii) of section
921(a)(36) of title 18, United States Code.''.
(b) Conforming Amendment.--Section 1 of the Consumer Product Safety
Act is amended by adding at the end of the table of contents the
following:
``Sec. 39. Child handgun safety devices.''.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Consumer Product Safety Commission $2,000,000 for each of
the fiscal years 2005 through 2007 to carry out the provisions
of section 39 of the Consumer Product Safety Act, as added by
this section.
(2) Availability of funds.--Any amounts appropriated
pursuant to paragraph (1) shall remain available until
expended. | Child Safety Device Act of 2004 - Amends the Brady Handgun Violence Prevention Act to prohibit any licensed firearms importer, manufacturer, or dealer from selling, delivering, or transferring a handgun to any person other than a licensed importer, manufacturer, or dealer, unless the transferee is provided with a locking device for that handgun. Makes an exception where the transferee is a Federal, State, or local government, a law enforcement officer, or a rail police officer.
Subjects violators to license suspension or revocation or to a civil penalty of up to $15,000, or both.
Amends the Consumer Product Safety Act to direct the Consumer Product Safety Commission to establish a consumer product safety standard that requires that such locking devices: (1) are sufficiently difficult for children to deactivate or remove; and (2) prevent the discharge of the handgun unless the device has been activated or removed. | A bill to amend chapter 44 of title 18, United States Code, to require the provision of a child safety device in connection with the transfer of a handgun and to provide safety standards for child safety devices. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bandelier National Monument
Administrative Improvement and Watershed Protection Act of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that:
(1) Bandelier National Monument (hereinafter, the Monument) was
established by Presidential proclamation on February 11, 1916, to
preserve the archeological resources of a ``vanished people, with
as much land as may be necessary for the proper protection thereof
. . .'' (No. 1322; 39 Stat. 1746).
(2) At various times since its establishment, the Congress and
the President have adjusted the Monument's boundaries and purpose
to further preservation of archeological and natural resources
within the Monument.
(A) On February 25, 1932, the Otowi Section of the Santa Fe
National Forest (some 4,699 acres of land) was transferred to
the Monument from the Santa Fe National Forest (Presidential
Proclamation No. 1191; 17 Stat. 2503).
(B) In December of 1959, 3,600 acres of Frijoles Mesa were
transferred to the National Park Service from the Atomic Energy
Committee (hereinafter, AEC) and subsequently added to the
Monument on January 9, 1991, because of ``pueblo-type
archeological ruins germane to those in the monument''
(Presidential Proclamation No. 3388).
(C) On May 27, 1963, Upper Canyon, 2,882 acres of land
previously administered by the AEC, was added to the Monument
to preserve ``their unusual scenic character together with
geologic and topographic features, the preservation of which
would implement the purposes'' of the Monument (Presidential
Proclamation No. 3539).
(D) In 1976, concerned about upstream land management
activities that could result in flooding and erosion in the
Monument, Congress included the headwaters of the Rito de los
Frijoles and the Canada de Cochiti Grant (a total of 7,310
acres) within the Monument's boundaries (Public Law 94-578; 90
Stat. 2732).
(E) In 1976, Congress created the Bandelier Wilderness, a
23,267 acres area that covers over 70 percent of the Monument.
(3) The Monument still has potential threats from flooding,
erosion, and water quality deterioration because of the mixed
ownership of the upper watersheds, along its western border,
particularly in Alamo Canyon.
(b) Purpose.--The purpose of this Act is to modify the boundary of
the Monument to allow for acquisition and enhanced protection of the
lands within the Monument's upper watershed.
SEC. 3. BOUNDARY MODIFICATION.
Effective on the date of enactment of this Act, the boundaries of
the Monument shall be modified to include approximately 935 acres of
land comprised of the Elk Meadows subdivision, the Gardner parcel, the
Clark parcel, and the Baca Land & Cattle Co. lands within the Upper
Alamo watershed as depicted on the National Park Service map entitled
``Proposed Boundary Expansion Map Bandelier National Monument'' dated
July, 1997. Such map shall be on file and available for public
inspection in the offices of the Director of the National Park Service,
Department of the Interior.
SEC. 4. LAND ACQUISITION.
(a) In General.--Except as provided in subsections (b) and (c), the
Secretary of the Interior is authorized to acquire lands and interests
therein within the boundaries of the area added to the Monument by this
Act by donation, purchase with donated or appropriated funds, transfer
with another Federal agency, or exchange: Provided, That no lands or
interests therein may be acquired except with the consent of the owner
thereof.
(b) State and local lands.--Lands or interests therein owned by the
State of New Mexico or a political subdivision thereof may only be
acquired by donation or exchange.
(c) Acquisition of less than Fee interests in Land.--The Secretary
may acquire less than fee interests in land only if the Secretary
determines that such less than fee acquisition will adequately protect
the Monument from flooding, erosion, and degradation of its drainage
waters.
SEC. 5. ADMINISTRATION.
The Secretary of the Interior, acting through the Director of the
National Park Service, shall manage the national Monument, including
lands added to the Monument by this Act, in accordance with this Act
and the provisions of law generally applicable to units of National
Park System, including the Act of August 25, 1916, an Act to establish
a National Park Service (39 Stat. 535; 16 U.S.C. 1 et seq.), and such
specific legislation as heretofore has been enacted regarding the
Monument.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the purpose of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Bandelier National Monument Administrative Improvement and Watershed Protection Act of 1998 - Modifies the boundaries of the Bandelier National Monument, New Mexico, to include specified lands within the Upper Alamo watershed.
Authorizes the Secretary of the Interior, within the boundaries of such added areas, to acquire lands by donation, purchase with donated or appropriated funds, exchange, or transfer with another Federal agency. Prohibits any lands or interests therein from being acquired except with the consent of the owner. Allows lands owned by New Mexico or a political subdivision thereof to be acquired only by donation or exchange. Authorizes the Secretary to acquire less than fee simple interests in land only if the Secretary determines that such acquisition will adequately protect the Monument from flooding, erosion, and degradation of its drainage waters.
Authorizes appropriations. | Bandelier National Monument Administrative Improvement and Watershed Protection Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Safety from Wildfire Act of
2003''.
SEC. 2. UNITED STATES LIABILITY FOR DAMAGES RESULTING FROM THE SPREAD
OF WILDFIRE FROM FORESTED PUBLIC LANDS.
(a) Imposition of Liability for Spread of Wildfire.--Title III of
the Federal Land Policy and Management Act of 1976 is amended by
inserting after section 318 (43 U.S.C. 1748) the following new section:
``sec. 319. liability for damages resulting from spread of wildfire
from public lands or national forest system lands.
``(a) Liability as Rule of Law.--Except as provided in subsections
(b), (c), and (d), and subject to the delayed effective date specified
in subsection (h), any injury to or loss of property that occurs on
non-Federal lands as a direct result of a fire that spread from
forested Federal lands onto the non-Federal lands, either directly or
by first spreading to other non-Federal lands, shall be deemed to be an
injury or loss of property caused by the negligent or wrongful act or
omission of an employee of the United States while acting within the
scope of the employee's office or employment for purposes of section
1346 and chapter 171 of title 28, United States Code (commonly known as
the `Federal Tort Claims Act').
``(b) Additional Requirement for Certain Non-Federal Lands.--The
owner or leasee of non-Federal lands damaged by the spread of wildfire
from forested Federal lands may not utilize the rule of law specified
in subsection (a) when the non-Federal lands exceed 6,400 acres and are
used for the commercial production of timber, unless the owner or
leasee proves that the damaged non-Federal lands were being managed to
achieve or maintain the forest health status known as condition class 1
immediately before the fire. In the event of a dispute between the
owner or leasee and the Secretary concerned regarding the status of the
non-Federal lands before the fire, the determination of the State
Forester of the State in which the lands are located shall control and
any expenses associated with State Foresters determination shall be
equally divided between the disputing parties.
``(c) Exclusion of Condition Class 1 Lands.--The rule of law
specified in subsection (a) shall not apply if the forested Federal
lands within the buffer zone adjacent to the Federal land boundary from
which the fire spread to non-Federal lands were managed as condition
class 1 immediately before the fire.
``(d) Exclusion of Other Federal Lands.--The rule of law specified
in subsection (a) shall not apply to the following Federal lands, even
though wildfire may originate on such lands and spread to adjacent non-
Federal lands:
``(1) A component of the National Wilderness Preservation
System.
``(2) Federal lands where, by Act of Congress, Presidential
proclamation, or land and resource management plan, the removal
of vegetation is prohibited.
``(3) Areas of Federal lands that comprise less than 6,400
acres and are not contiguous to other Federal lands.
``(e) Exception for O&C Lands.--The rule of law specified in
subsection (a) shall apply to National Forest System lands and Bureau
of Land Management lands administered under the authorities of the O&C
Sustained Yield Act of 1937 and that do not meet the acreage limitation
set forth in subsection (d)(3).
``(f) Report Regarding Status of Buffer Lands.--Not later than two
years after the date of the enactment of this section, the Secretary
concerned shall submit to Congress a report describing the forest
health status of all buffer zones with non-Federal lands and the extent
to which the buffer zones are in, or are being managed to achieve, the
forest health status known as condition class 1.
``(g) Definitions.--In this section:
``(1) The term `buffer zone' refers to those forested
Federal lands that are within a prescribed distance of a
Federal land boundary with non-Federal lands and comprise, or
are part of a larger area of Federal lands comprising, 6,400
acres or more. The Secretary shall prescribe the actual buffer
zone for a particular area of forested Federal lands based on
the geography, topography, and forest cover of the lands.
``(2) The term `condition class 1', with respect to an area
of forested Federal lands or non-Federal lands, means that the
lands are managed so that--
``(A) fire regimes on the lands are within
historical ranges;
``(B) vegetation composition and structure are
intact; and
``(C) the risk of losing key ecosystem components
from the occurrence of fire remains relatively low.
``(3) The term `forested Federal lands' means public lands
and National Forest System lands that contain trees as a
significant component of the lands.
``(4) The term `Secretary concerned' means the Secretary of
the Interior (or the designee of that Secretary) with respect
to public lands and the Secretary of Agriculture (or the
designee of that Secretary) with respect to National Forest
System lands.
``(h) Delayed Effective Date.--The rule of law specified in
subsection (a) shall take effect at the end of the eight-year period
beginning on the date of the enactment of this section and apply with
respect to fires that spread from Federal lands onto non-Federal lands
after the end of such period.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Federal Land Policy and Management Act of 1976 is amended by
inserting after the item relating to section 318 the following new
item:
``Sec. 319. Liability for damages resulting from spread of wildfire
from public lands or National Forest System
lands.''. | Enhanced Safety from Wildfire Act of 2003 - Amends the Federal Land Policy and Management Act of 1976 with respect to fires that spread from forested Federal lands onto nonfederal lands and cause injuries or property loss. Assumes Federal responsibility for injuries or property loss resulting from such fires under the Federal Tort Claims Act and other Federal law pertaining to the United States as a defendant in District Court. Provides for exceptions in certain cases, including if: (1) the nonfederal land exceeds 6,400 acres and is being used for commercial timber production (unless the nonfederal land was being managed to achieve or maintain condition class 1 health status immediately before the fire); (2) the Federal land is a component of the National Wilderness Preservation System; or (3) the Federal land comprises less than 6,400 acres and is not contiguous to other Federal lands. States that Federal responsibility will apply in the case of injuries or property loss from a fire originating on National Forest System or Bureau of Land Management lands administered under the authorities of the O&C Sustained Yield Act of 1937 and that comprise less than 6,400 acres. | A bill to amend the Federal Land Policy and Management Act of 1976 to provide owners of non-Federal lands with a reliable method of receiving compensation for damages resulting from the spread of wildfire from nearby forested National Forest System lands or Bureau of Land Management lands, when those forested Federal lands are not maintained in the forest health status known as condition class 1. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ovarian Cancer Biomarker Research
Act of 2009''.
SEC. 2. GRANTS FOR ESTABLISHMENT AND OPERATION OF RESEARCH CENTERS FOR
THE STUDY OF OVARIAN CANCER BIOMARKERS.
Subpart 1 of part C of the Public Health Service Act is amended by
adding at the end the following new section:
``SEC. 417E. GRANTS FOR ESTABLISHMENT AND OPERATION OF RESEARCH CENTERS
FOR THE STUDY OF OVARIAN CANCER BIOMARKERS.
``(a) In General.--The Director of the Institute, in consultation
with the directors of other relevant institutes and centers of the
National Institutes of Health and the Department of Defense Ovarian
Cancer Research Program, shall enter into cooperative agreements with,
or make grants to, public or nonprofit entities to establish and
operate centers to conduct research on biomarkers for use in risk
stratification for, and the early detection and screening of, ovarian
cancer, including fallopian tube cancer or primary peritoneal cancer.
Each center shall be known as an Ovarian Cancer Biomarker Center of
Excellence.
``(b) Research Funded.--Federal payments made under a cooperative
agreement or grant under subsection (a) may be used for research on any
of the following:
``(1) The development and characterization of new
biomarkers, and the refinement of existing biomarkers, for
ovarian cancer.
``(2) The clinical and laboratory validation of such
biomarkers, including technical development, standardization of
assay methods, sample preparation, reagents, reproducibility,
portability, and other refinements.
``(3) The development and implementation of clinical and
epidemiological research on the utilization of biomarkers for
the early detection and screening of ovarian cancer.
``(4) The development and implementation of repositories
for new tissue, urine, serum, and other biological specimens
(such as ascites and pleural fluids).
``(c) First Agreement or Grant.--Not later than 1 year after the
date of the enactment of this section, the Director of the Institute
shall enter into the first cooperative agreement or make the first
grant under this section.
``(d) Availability of Banked Specimens.--The Director of the
Institute shall make available for research conducted under this
section banked serum and tissue specimens from clinical research
regarding ovarian cancer that was funded by the Department of Health
and Human Services.
``(e) Report.--Not later than the end of fiscal year 2010, and
annually thereafter, the Director of the Institute shall submit a
report to the Congress on the cooperative agreements entered into and
the grants made under this section.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $25,000,000
for each of the fiscal years 2010 through 2013, and such sums as may be
necessary for each of the fiscal years 2014 through 2020. Such
authorization of appropriations is in addition to any other
authorization of appropriations that is available for such purpose.''.
SEC. 3. OVARIAN CANCER BIOMARKER CLINICAL TRIAL COMMITTEE.
Subpart 1 of part C of the Public Health Service Act, as amended by
section 2, is further amended by adding at the end the following new
section:
``SEC. 417F. OVARIAN CANCER BIOMARKER CLINICAL TRIAL COMMITTEE.
``(a) Ovarian Cancer Biomarker Research Committee Established.--The
Director of the Institute shall establish an Ovarian Cancer Biomarker
Clinical Trial Committee (in this section referred to as the
`Committee') to assist the Director to design and implement one or more
national clinical trials, in accordance with this section, to determine
the utility of using biomarkers validated pursuant to the research
conducted under section 417E for risk stratification for, and early
detection and screening of, ovarian cancer. Such Committee shall be
established and operate in consultation with the Gynecologic Oncology
Group (as funded by the National Cancer Institute).
``(b) Membership.--
``(1) In general.--The Committee shall consist of the
following types of members, to be appointed by the Director of
the Institute, in consultation with appropriate national
medical and research societies and patient advocate groups:
``(A) National experts in statistical analysis,
clinical trial design, and patient recruitment.
``(B) National experts in ovarian cancer research.
``(C) Patient advocates.
``(D) Representatives of Federal Government
agencies that currently fund ovarian cancer research.
``(E) Nonvoting members that the Director of the
Institute determines to be appropriate.
``(2) Pay.--Members of the Committee shall serve without
pay and those members who are full time officers or employees
of the United States shall receive no additional pay by reason
of their service on the Committee, except that members of the
Committee shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with applicable provisions
under chapter I of chapter 57 of title 5, United States Code.
``(c) Meetings.--The Committee shall meet at the call of the
chairperson or upon the request of the Director of the Institute, but
at least four times each year.
``(d) Clinical Trial Specifications.--In designing and implementing
the clinical trials under this section, the Director of the Institute
shall provide for the following:
``(1) Participation in trial.--To the greatest extent
possible, all academic centers, community cancer centers, and
individual physician investigators (as defined in subsection
(e)) shall have the opportunity to participate in the trials
under this section and to enroll women at risk for ovarian
cancer in the trials.
``(2) Costs for enrollments.--Subject to the availability
of appropriations, all the costs to the centers and offices
described in paragraph (1) for enrolling women in the trials
under this section shall be reimbursed by the Institute.
``(3) National data center.--A national data center shall
be established in and supported by the Institute to conduct
statistical analyses of the data derived from the trials under
this section and to store such analyses and data.
``(4) Guidelines for medical community.--Data and
statistical analyses of the clinical trials under this section
shall be used to establish clinical guidelines to provide the
medical community with information regarding the use of
biomarkers validated pursuant to the research conducted under
section 417E for risk stratification for, and early detection
and screening of, ovarian cancer.
``(e) Individual Physician Investigator Defined.--For purposes of
subsection (d)(1), the term `individual physician investigator' means a
physician--
``(1) who is a faculty member at an academic institution or
who is in a private medical practice; and
``(2) who provides health care services to women at risk
for ovarian cancer.
``(f) Report.--Not later than the end of fiscal year 2010, and
annually thereafter, the Director of the Institute shall submit a
report to the Congress on the activities conducted under this section.
``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $5,000,000
for each of the fiscal years 2010 through 2013, and such sums as may be
necessary for each of the fiscal years 2014 through 2020. Such
authorization of appropriations is in addition to any other
authorization of appropriations that is available for such purpose.''. | Ovarian Cancer Biomarker Research Act of 2009 - Amends the Public Health Service Act to require the Director of the National Cancer Institute to enter into cooperative agreements with, or make grants to, public or nonprofit entities to establish and operate Ovarian Cancer Biomarker Centers of Excellence to conduct research on biomarkers for use in risk stratification for, and the early detection and screening of, ovarian cancer. Permits federal funds to be used for research on: (1) the development and characterization of new biomarkers and the refinement of existing biomarkers, for ovarian cancer; (2) the clinical and laboratory validation of such biomarkers; (3) the development and implementation of clinical and epidemiological research on the utilization of such biomarkers; and (4) the development and implementation of repositories for new tissue, urine, serum, and other biological specimens.
Requires the Director to: (1) make available for research banked serum and tissue specimens from clinical research regarding ovarian cancer that was funded by the Department of Health and Human Services (HHS); and (2) establish an Ovarian Cancer Biomarker Clinical Trial Committee to assist in designing and implementing national clinical trials to determine the utility of using such biomarkers. Requires a national data center to be established in and supported by the Institute to conduct statistical analyses of trial data, and to store such analyses and data. Requires such data and statistical analyses to be used to establish clinical guidelines to provide the medical community with information regarding the use of validated biomarkers. | A bill to amend the Public Health Service Act to authorize the Director of the National Cancer Institute to make grants for the discovery and validation of biomarkers for use in risk stratification for, and the early detection and screening of, ovarian cancer. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drill Now Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Opened area.--The term ``opened area'' means any area
of the outer Continental shelf that--
(A) before the date of enactment of this Act, was
closed to oil or gas leasing; and
(B) as of the date of enactment of this Act, is
made available for leasing pursuant to section 3(a) and
the amendments made by that section.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. LEASING ON OUTER CONTINENTAL SHELF.
(a) Opening New Offshore Areas to Oil and Gas Development.--
(1) In general.--Sections 104 and 105 of the Department of
the Interior, Environment, and Related Agencies Appropriations
Act, 2008 (Public Law 110-161; 121 Stat. 2118) are repealed.
(2) Eastern gulf of mexico.--Section 104 of the Gulf of
Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public
Law 109-432) is amended to read as follows:
``SEC. 104. DESIGNATION OF NATIONAL DEFENSE AREAS.
``The United States reserves the right to designate by and through
the Secretary of Defense, with the approval of the President, national
defense areas on the outer Continental Shelf pursuant to section 12(d)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)).''.
(b) Expedited Leasing.--The Secretary may conduct leasing,
preleasing, and related activities for any opened area before June 30,
2012, notwithstanding the omission of the opened area from the Outer
Continental Shelf leasing program developed pursuant to section 18 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1344) for the period
ending June 30, 2012.
(c) No Surface Occupancy.--Any lease issued by the Secretary
pursuant to section 8 of the Outer Continental Shelf Lands Act (43
U.S.C. 1337) for any submerged land of the outer Continental Shelf in
any opened area lying within 25 miles of the coastline of any State
shall include a provision prohibiting permanent surface occupancy under
that lease within that 25-mile area.
(d) Disposition of Revenues From Outer Continental Shelf Areas
Opened Under This Section.--
(1) In general.--Notwithstanding section 9 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the
other provisions of this section, the Secretary of the Treasury
shall deposit rentals, royalties, bonus bids, and other sums
due and payable from any leased tract within an opened area,
and from all other leased tracts in any other area for which
leases are entered into after the date of enactment of this
Act, as follows:
(A) 50 percent in the general fund of the Treasury.
(B) 50 in a special account in the Treasury, for
allocation by the Secretary among the States in
accordance with paragraph (2).
(2) Allocation.--
(A) In general.--For fiscal year 2009 and each
fiscal year thereafter, the amount made available under
paragraph (1)(B) shall be allocated among States in
amounts (based on a formula established by the
Secretary by regulation) that are inversely
proportional to the respective distances between--
(i) the point on the coastline of each
State that is closest to the geographical
center of the applicable leased tract; and
(ii) the geographical center of the leased
tract.
(B) Prohibition on receipt of amounts.--No State
shall receive any amount under this paragraph from a
leased tract if the geographical center of that leased
tract is more than 200 nautical miles from the
coastline of that State.
(3) Administration.--Amounts made available under paragraph
(1)(B) shall--
(A) be made available, without further
appropriation, in accordance with this section;
(B) remain available until expended; and
(C) be in addition to any amounts appropriated
under--
(i) the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.);
(ii) the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-4 et seq.); or
(iii) any other provision of law.
(e) Judicial Review.--
(1) Filing of complaint.--
(A) Deadline.--Subject to subparagraph (B), any
complaint seeking judicial review of any provision of
this section or any action of the Secretary under this
section or relating to areas opened under the
amendments made by subsection (a) shall be filed in any
appropriate United States district court--
(i) except as provided in clause (ii), not
later than the end of the 90-day period
beginning on the date of the action being
challenged; or
(ii) in the case of a complaint based
solely on grounds arising after that period,
not later than 90 days after the date on which
the complainant knew or reasonably should have
known of the grounds for the complaint.
(B) Venue.--Any complaint seeking judicial review
of an action of the Secretary under this section or
relating to areas opened under subsection (a) may be
filed only in the United States Court of Appeals for
the District of Columbia.
(C) Limitation on scope of certain review.--
(i) In general.--Judicial review of a
decision of the Secretary to conduct a lease
sale for areas opened under the amendments made
by subsection (a), including the environmental
analysis relating to such a decision, shall
be--
(I) limited to whether the
Secretary has complied with the terms
of this section and the Outer
Continental Shelf Lands Act (43 U.S.C.
1331 et seq.); and
(II) based upon the administrative
record of that decision.
(ii) Presumption.--In any judicial review
described in clause (i), the identification by
the Secretary of a preferred course of action
to enable leasing to proceed, and the analysis
of the Secretary of any environmental effects
of that course of action, shall be presumed to
be correct unless shown otherwise by clear and
convincing evidence to the contrary.
(2) Limitation on other review.--Actions of the Secretary
with respect to which review could have been obtained under
this section shall not be subject to judicial review in any
civil or criminal proceeding for enforcement.
(f) Repeal of Restriction on Oil Shale Leasing.--Section 433 of the
Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2152) is
repealed. | Drill Now Act of 2008 - Amends the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 to repeal its prohibitions against oil and natural gas preleasing and leasing activities in specified offshore areas, including the North Atlantic, the eastern Gulf of Mexico, and the Mid-Atlantic and South Atlantic planning areas.
Declares that the United States reserves the right to designate national defense areas on the outer Continental Shelf (OCS).
Authorizes the Secretary of the Interior (Secretary) to conduct leasing, preleasing, and related activities for any opened area before June 30, 2012.
Requires any lease issued by the Secretary for submerged land of the OCS in any opened area lying within 25 miles of the coastline of any state to include a prohibition against permanent surface occupancy.
Instructs the Secretary of the Treasury to deposit revenues from tracts leased under this Act into: (1) the general fund of the Treasury; and (2) a special account in the Treasury, for allocation among the states in accordance with prescribed guidelines.
Repeals the prohibition against the use of funds to prepare or publish final regulations regarding a commercial leasing program for oil shale resources on public lands or to conduct an oil shale lease sale. | A bill to authorize and expedite lease sales within the outer Continental Shelf, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Neighbor Environmental
Assistance Act of 1993''.
SEC. 2. PURPOSE.
The purpose of this Act is to protect the economy, public health,
environment, and water quality of the United States-Mexico border area
that is endangered and is being polluted by raw or partially treated
sewage, effluent, and other pollutants.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Border state.--The term ``border State'' means each of
the following States:
(A) Arizona.
(B) California.
(C) New Mexico.
(D) Texas.
(3) Commission.--The term ``United States Commissioner''
means the United States Commissioner of the International
Boundary and Water Commission.
(4) Construction.--The term ``construction'' has the
meaning provided the term under section 212(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1292(1)).
(5) Treatment works.--The term ``treatment works'' has the
meaning provided the term under section 212(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1292(2)).
SEC. 4. CONSTRUCTION ASSISTANCE.
(a) In General.--On the approval by the Administrator of the
necessary plans and specifications, the Administrator is authorized--
(1) to transfer funds to--
(A) the Secretary of State, who shall transfer the
funds to the United States Commissioner for use by the
head of the American Section of the Commission; or
(B) the head of any other Federal agency; and
(2) to make a grant to--
(A) an appropriate entity designated by the
President; or
(B) a border State designated by the President,
to carry out the construction of an eligible project described in
subsection (b).
(b) Eligible Project.--An eligible project described in this
subsection is a project for the construction of--
(1) a wastewater treatment works to protect public health,
the environment, and water quality from pollution resulting
from inadequacies or breakdowns in wastewater treatment works
and water system from Mexican wastewater affecting United
States waters or water/sewage systems; or
(2) a treatment works to provide treatment of municipal
sewage and industrial waste.
(c) Requirement for a Grant for a Construction Project in Mexico.--
The Administrator may make a grant for an eligible project described in
subsection (b) in Mexico only if, after providing public notice and
opportunity for comment, the Administrator determines that the then
existing treatment works located in Mexico, in conjunction with any
other then existing treatment works or treatment works scheduled to be
constructed, are not sufficient (or will not be sufficient) to protect
residents of border States from water pollution originating in Mexico.
(d) Operation and Maintenance.--To carry out the purpose referred
to in section 2, the United States Commissioner, the head of a Federal
agency that receives a transfer of funds pursuant to subsection (a), or
the recipient of a grant referred to in subsection (a) is authorized to
maintain an eligible project constructed pursuant to this section.
(e) Approval of Plans.--
(1) Plans and specifications.--Each eligible project that
is funded by a transfer or a grant made pursuant to subsection
(a)(1) shall be constructed in accordance with plans and
specifications developed by the head of the American Section of
the Commission in consultation with the head of another Federal
agency of the appropriate official of an entity or border State
designated by the President under subsection (a), in
consultation with the appropriate official of the affected
border State. Such plans shall include construction cost
estimates.
(2) Approval by the administrator.--As a condition of
carrying out the construction of an eligible project referred
in paragraph (1), the head of the Federal agency or appropriate
official of an entity or border State shall submit the plans
and specifications referred to in paragraph (1) to the
Administrator for approval.
(3) Standards for construction.--The Administrator may
approve a plan referred to in paragraph (2) if the
Administrator determines that the eligible project that is the
subject of the plan meets the standards that would apply to the
treatment works or other project if the treatment works or
other project were constructed under appropriate standards
under the law of the United States and Mexico and under
applicable treaties and international agreements.
(f) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of construction of an eligible project that is
the subject of a transfer or grant under subsection (a) shall
be 100 percent of the cost of the eligible project.
(2) Costs paid by the government of mexico.--If the
Secretary of State or another appropriate official of the
Federal Government enters into an agreement with the Government
of Mexico that provides for cost-sharing for an eligible
project that is the subject of assistance provided pursuant to
this section, the Federal share of the cost of the project
shall be the amount specified in the agreement.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Environmental
Protection Agency to carry out this Act such sums as may be necessary
for fiscal year 1994, and for each fiscal year thereafter. | Good Neighbor Environmental Assistance Act of 1993 - Authorizes the Administrator of the Environmental Protection Agency, for purposes of carrying out construction of treatment works in the U.S.-Mexican border region, to: (1) transfer funds to the Secretary of State or the heads of other Federal agencies; and (2) make grants to appropriate entities or border States designated by the President.
Permits the Administrator to make grants for construction projects in Mexico if an existing treatment works is not sufficient to protect residents of border States from water pollution originating in Mexico.
Requires such projects to be constructed in accordance with plans and specifications approved by the Administrator. Provides for full funding of projects by the Federal Government unless a cost-sharing agreement with the Mexican Government is executed.
Authorizes appropriations. | Good Neighbor Environmental Assistance Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay Your Bills or Lose Your Pay Act
of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is an American value to meet all obligations.
(2) A AAA credit rating is essential to the economic
standing of the United States in the world.
(3) The statutory debt limit was increased--
(A) 18 times during the presidency of Ronald
Reagan;
(B) 4 times during the presidency of George H. W.
Bush;
(C) 6 times during the presidency of William J.
Clinton; and
(D) 7 times during the presidency of George W.
Bush.
(4) Section 4 of the 14th Amendment of the United States
Constitution states ``the validity of the public debt of the
United States, authorized by law, including debts incurred for
payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned''.
(5) The statutory debt limit is increased by Congress to
pay financial obligations authorized by Congress.
(6) The ratings agency Moody's has called for the public
debt limit to be eliminated.
(7) The United States is one of the few nations in the
world with a public debt limit.
(8) The annual budget resolution, voted on by members of
the Senate and House of Representatives, specifies the
appropriate level of the public debt for each fiscal year
covered by the resolution.
(9) At times the statutory debt limit must be increased to
honor financial obligations authorized and appropriated by
Congress and the President of the United States.
(10) The credit rating agency Standard and Poor's
downgraded the credit rating of the United States for the first
time in its history on August 5, 2011, citing ``political
brinksmanship'' as a primary reason for its action.
(11) In July 2012, the Government Accountability Office
estimated that the 2011 debt limit standoff cost taxpayers
$1,300,000,000 in fiscal year 2011, and the Government
Accountability Office further noted that ``Congress should
consider ways to . . . avoid potential disruptions to the
Treasury market and to help inform the fiscal policy debate in
a timely way.''.
(12) In January 2013, the Bipartisan Policy Center
estimated that the 10-year cost to taxpayers of the 2011 debt
limit standoff is $18,900,000,000.
SEC. 3. HOLDING SALARIES OF MEMBERS OF CONGRESS IN ESCROW UPON FAILURE
TO MEET DEBT OBLIGATIONS.
(a) Holding Salaries in Escrow.--
(1) In general.--If the Federal Government is unable to
make payments or meet obligations because the public debt limit
under section 3101 of title 31, United States Code, has been
reached, during the period described in paragraph (2) the
payroll administrator of each House of Congress shall deposit
in an escrow account all payments otherwise required to be made
during such period for the compensation of Members of Congress
who serve in that House of Congress, and shall release such
payments to such Members only upon the expiration of such
period.
(2) Period described.--The period described in this
paragraph is the period beginning on the date on which the
Federal Government is unable to make payments or meet
obligations because the public debt limit under section 3101 of
title 31, United States Code, has been reached, and ending on
the earlier of--
(A) the date on which the House of Representatives
and the Senate present a bill to the President under
article I, section 7 of the Constitution of the United
States, to increase the public debt limit under section
3101 of title 31, United States Code; or
(B) the last day of the One Hundred Thirteenth
Congress.
(3) Withholding and remittance of amounts from payments
held in escrow.--The payroll administrator of each House of
Congress shall provide for the same withholding and remittance
with respect to a payment deposited in an escrow account under
paragraph (1) that would apply to the payment if the payment
were not subject to paragraph (1).
(4) Release of amounts at end of congress.--In order to
ensure that this section is carried out in a manner that shall
not vary the compensation of Senators or Representatives in
violation of the 27th Amendment to the Constitution of the
United States, the payroll administrator of a House of Congress
shall release for payments to Members of that House of Congress
any amounts remaining in any escrow account under this section
on the last day of the One Hundred Thirteenth Congress.
(5) Role of secretary of the treasury.--The Secretary of
the Treasury shall provide the payroll administrators of the
Houses of Congress with such assistance as may be necessary to
enable the payroll administrators to carry out this section.
(b) Treatment of Delegates as Members.--In this section, the term
``Member'' includes a Delegate or Resident Commissioner to Congress.
(c) Payroll Administrator Defined.--In this section, the ``payroll
administrator'' of a House of Congress means--
(1) in the case of the House of Representatives, the Chief
Administrative Officer of the House of Representatives, or an
employee of the Office of the Chief Administrative Officer who
is designated by the Chief Administrative Officer to carry out
this section; and
(2) in the case of the Senate, the Secretary of the Senate,
or an employee of the Office of the Secretary of the Senate who
is designated by the Secretary to carry out this section. | Pay Your Bills or Lose Your Pay Act of 2013 - Requires the appropriate payroll administrator of each house of Congress to deposit in an escrow account all mandatory payments for compensation of Members of Congress serving in that house during a specified period beginning when the federal government is unable to make payments or meet obligations because the public debt has been reached. Requires release of such payments to those Members only upon the earlier of: (1) the date on which both chambers present a bill to the President to increase the public debt, or (2) the last day of the 113th Congress. | Pay Your Bills or Lose Your Pay Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Access Rights Defense Act
(CARD) of 2005''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Agency.--The term ``agency'' has the same meaning given
such term in section 551(1) of title 5, United States Code.
(2) Breach of security of the system.--The term ``breach of
security of the system''--
(A) means the compromise of the security,
confidentiality, or integrity of data that results in,
or there is a reasonable basis to conclude has resulted
in, the unauthorized acquisition of personal
information maintained by the person or business; and
(B) does not include good faith acquisition of
personal information by an employee or agent of the
person or business for the purposes of the person or
business, if the personal information is not used or
subject to further unauthorized disclosure.
(3) Person.--The term ``person'' has the same meaning given
such term in section 551(2) of title 5, United States Code.
(4) Personal information.--The term ``personal
information'' means an individual's last name in combination
with any 1 or more of the following data elements:
(A) Social Security number.
(B) Driver's license number or State identification
number.
(C) Account number or credit or debit card number,
or, if a security code, access code, or password is
required for access to an individual's account, the
account number or credit or debit card number, in
combination with the required code or password.
(5) Substitute notice.--The term ``substitute notice''
means--
(A) conspicuous posting of the notice on the
Internet site of the agency or person, if the agency or
person maintains a public Internet site; and
(B) notification to major print and broadcast
media, including major media in metropolitan and rural
areas where the individual whose personal information
was, or is reasonably believed to have been, acquired
resides. The notice to media shall include a toll-free
phone number where an individual can learn whether or
not that individual's personal data is included in the
security breach.
SEC. 3. DATABASE SECURITY.
(a) Disclosure of Security Breach.--
(1) In general.--Any agency, or person engaged in
interstate commerce, that owns, licenses, or collects data,
whether or not held in electronic form, containing personal
information shall, following the discovery of a breach of
security of the system maintained by the agency or person that
contains such data, or upon receipt of notice under paragraph
(2), notify any individual of the United States whose personal
information was, or is reasonably believed to have been,
acquired by an unauthorized person.
(2) Notification of owner or licensee.--Any agency, or
person engaged in interstate commerce, in possession of data,
whether or not held in electronic form, containing personal
information that the agency does not own or license shall
notify the owner or licensee of the information if the personal
information was, or is reasonably believed to have been,
acquired by an unauthorized person through a breach of security
of the system containing such data.
(3) Timeliness of notification.--
(A) In general.--All notifications required under
paragraph (1) or (2) shall be made without unreasonable
delay following--
(i) the discovery by the agency or person
of a breach of security of the system;
(ii) any measures necessary to determine
the scope of the breach, prevent further
disclosures, and restore the reasonable
integrity of the data system; and
(iii) receipt of written notice that a law
enforcement agency has determined that the
notification will no longer seriously impede
its investigation, where notification is
delayed as provided in paragraph (4).
(B) Burden of proof.--The agency or person required
to provide notification under this subsection shall
have the burden of demonstrating that all notifications
were made as required under this paragraph, including
evidence demonstrating the necessity of any delay.
(4) Delay of notification authorized for law enforcement
purposes.--If a law enforcement agency determines that the
notification required under this subsection would seriously
impede a criminal investigation, such notification may be
delayed upon the written request of the law enforcement agency.
(5) Exception for national security and law enforcement.--
(A) In general.--This subsection shall not apply to
an agency if the head of the agency certifies, in
writing, that notification of the breach as required by
this subsection reasonably could be expected to--
(i) cause damage to the national security;
and
(ii) hinder a law enforcement investigation
or the ability of the agency to conduct law
enforcement investigations.
(B) Limits on certifications.--The head of an
agency may not execute a certification under
subparagraph (A) to--
(i) conceal violations of law,
inefficiency, or administrative error;
(ii) prevent embarrassment to a person,
organization, or agency; or
(iii) restrain competition.
(C) Notice.--In every case in which a head of an
agency issues a certification under subparagraph (A), a
copy of the certification, accompanied by a concise
description of the factual basis for the certification,
shall be immediately provided to the Congress.
(6) Methods of notice.--An agency, or person engaged in
interstate commerce, shall be in compliance with this
subsection if it provides the individual, with--
(A) written notification;
(B) e-mail notice, if the individual has consented
to receive such notice and the notice is consistent
with the provisions permitting electronic transmission
of notices under section 101 of the Electronic
Signatures in Global and National Commerce Act (15
U.S.C. 7001); or
(C) substitute notice, if--
(i) the agency or person demonstrates that
the cost of providing direct notice would
exceed $500,000;
(ii) the number of individuals to be
notified exceeds 500,000; or
(iii) the agency or person does not have
sufficient contact information for those to be
notified.
(7) Content of notification.--Regardless of the method by
which notice is provided to individuals under paragraphs (1)
and (2), such notice shall include--
(A) to the extent possible, a description of the
categories of information that was, or is reasonably
believed to have been, acquired by an unauthorized
person, including social security numbers, driver's
license or State identification numbers and financial
data;
(B) a toll-free number--
(i) that the individual may use to contact
the agency or person, or the agent of the
agency or person; and
(ii) from which the individual may learn--
(I) what types of information the
agency or person maintained about that
individual or about individuals in
general; and
(II) whether or not the agency or
person maintained information about
that individual; and
(C) the toll-free contact telephone numbers and
addresses for the major credit reporting agencies.
(8) Coordination of notification with credit reporting
agencies.--If an agency or person is required to provide
notification to more than 1,000 individuals under this
subsection, the agency or person shall also notify, without
unreasonable delay, all consumer reporting agencies that
compile and maintain files on consumers on a nationwide basis
(as defined in section 603(p) of the Fair Credit Reporting Act)
of the timing and distribution of the notices.
(b) Civil Remedies.--
(1) Penalties.--Any agency, or person engaged in interstate
commerce, that violates subsection (a) shall be subject to a
civil money penalty of--
(A) not more than $1,000 per individual whose
personal information was, or is reasonably believed to
have been, acquired by an unauthorized person; or
(B) not more than $50,000 per day while the failure
to give notice under subsection (a) persists.
(2) Equitable relief.--Any agency or person that violates,
proposes to violate, or has violated this section may be
enjoined from further violations by a court of competent
jurisdiction.
(3) Other rights and remedies.--The rights and remedies
available under this subsection are cumulative and shall not
affect any other rights and remedies available under law.
(4) Damages.--Any person injured by a violation of
subsection (a) may institute a civil action to recover damages
arising from that violation.
(c) Enforcement.--The Federal Trade Commission or other appropriate
regulator, may enforce compliance with this section, including the
assessment of fines under subsection (b)(1).
(d) Extended Fraud Alert.--Paragraph (1) of section 605A(b)(1) of
the Fair Credit Reporting Act (15 U.S.C. 1681c-1(b)(1)) is amended, in
that portion of such paragraph that precedes subparagraph (A), by
inserting ``, or evidence that the consumer has received notice that
the consumer's personal financial information has or may have been
compromised,'' after ``submits an identity theft report''.
SEC. 4. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by the engagement of any person in a
practice that is prohibited under this Act, the State, as
parens patriae, may bring a civil action on behalf of the
residents of the State in a district court of the United States
of appropriate jurisdiction or any other court of competent
jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with this Act;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.--Before filing an action under
paragraph (1), the attorney general of the State
involved shall provide to the Attorney General of the
United States--
(i) written notice of the action; and
(ii) a copy of the complaint for the
action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not
apply with respect to the filing of an action
by an attorney general of a State under this
subsection, if the State attorney general
determines that it is not feasible to provide
the notice described in such subparagraph
before the filing of the action.
(ii) Notification.--In an action described
in clause (i), the attorney general of a State
shall provide notice and a copy of the
complaint to the Attorney General at the time
the State attorney general files the action.
(b) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this Act shall be construed to prevent an
attorney general of a State from exercising the powers conferred on
such attorney general by the laws of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(c) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in--
(A) the district court of the United States that
meets applicable requirements relating to venue under
section 1391 of title 28, United States Code; or
(B) another court of competent jurisdiction.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
(A) is an inhabitant; or
(B) may be found.
SEC. 5. EFFECT ON STATE LAW.
The provisions of this Act shall supersede any inconsistent
provisions of law of any State or unit of local government with respect
to the conduct required by the specific provisions of this Act.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect at the end of the 6-month period
beginning on the date of the enactment of this Act. | Consumer Access Rights Defense Act (CARD) of 2005 - Requires database security breach disclosures by an agency, or person engaged in interstate commerce, that owns, licenses, or collects data containing personal information, as well as notification of individuals whose personal information was acquired by an unauthorized person.
Cites conditions which exempt national security and law enforcement agencies from this Act.
Prescribes guidelines for coordinated notification of database security breaches with credit reporting agencies.
Grants the Federal Trade Commission enforcement powers, including the assessment of civil fines.
Amends the Fair Credit Reporting Act to require a consumer reporting agency to place an extended fraud alert into a consumer file when a consumer submits evidence of notification that personal financial information has or may have been compromised.
Empowers State Attorneys General to enforce this Act.
Preempts state or local law inconsistent with this Act. | To require financial institutions and financial service providers to notify customers of the unauthorized use of personal financial information, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communications Competitiveness and
Infrastructure Modernization Act of 1993''.
SEC. 2. CABLE SERVICE PROVIDED BY TELEPHONE COMPANIES.
(a) General Requirement.-- Section 613(b) of the Communications Act
of 1934 (47 U.S.C. 533(b)) is amended to read as follows:
``(b)(1) Subject to the requirements of part V and other provisions
of this title, any common carrier subject in whole or in part to title
II of this Act may provide video programming directly to subscribers in
its telephone service area either through its own facilities or through
an affiliate owned by, operated by, controlled by, or under common
control with the common carrier.
``(2) Subject to the requirements of part V and other provisions of
this title, any common carrier subject in whole or in part to title II
of this Act may provide channels of communications or pole line conduit
space, or other rental arrangements, to any entity which is directly or
indirectly owned by, operated by, controlled by, or under common
control with such common carrier, if such facilities or arrangements
are to be used for, or in connection with, the provision of video
programming directly to subscribers in the telephone service area to
the common carrier.''.
(b) Provisions for Regulation of Cable Service Provided by
Telephone Companies.--Title VI of the Communications Act of 1934 (47
U.S.C. 521 et seq.) is amended by adding at the end the following new
part:
``Part V--Cable Service Provided by Telephone Companies
``SEC. 651. DEFINITIONS.
``For purposes of this part--
``(1) the term `affiliated video programming' means any
video programming which is (A) owned or controlled by, or under
common control with, a common carrier, and (B) provided by the
common carrier or an affiliate directly to subscribers in its
telephone service area;
``(2) the term `control' means--
``(A) an ownership interest in which an entity has
the right to vote more than 50 percent of the
outstanding common stock or other ownership interest;
or
``(B) actual working control, if no single entity
directly or indirectly has the right to vote more than
50 percent of the outstanding common stock or other
ownership interest;
``(3) the term `basic video dial tone platform' has the
same meaning as established by order of the Commission entitled
`Telephone Company-Cable Television Cross-Ownership Rules,
Sections 63.54-63.58', CC Docket No. 87-266, adopted July 16,
1992; and
``(4) the term `rural area' means a geographic area that
does not include either--
``(A) any incorporated or unincorporated place of
10,000 inhabitants or more, or any part thereof; or
``(B) any territory, incorporated or
unincorporated, included in an urbanized area.
``SEC. 652. SEPARATE VIDEO PROGRAMMING AFFILIATE.
``(a) In General.--Except as provided in subsection (d) of this
section, a common carrier shall not provide video programming directly
to subscribers in its telephone service area unless such video
programming is provided through a video programming affiliate that is
separate from such carrier.
``(b) Books and Marketing.--A video programming affiliate of a
common carrier shall--
``(1) maintain books, records, and accounts separate from
such carrier which identify all transactions with such carrier;
``(2) carry out directly (or through any nonaffiliate or
any other affiliate of such carrier) its own marketing and
sales, except that institutional advertising carried out by
such carrier shall be permitted so long as each party bears its
pro rata share of the costs; and
``(3) not own real or personal property in common with such
carrier.
``(c) Business Transactions With Carrier Subject to Regulation.--
Any contract, agreement, arrangement, joint venture, partnership, or
other manner of conducting business, between a common carrier and its
video programming affiliate, providing for--
``(1) the sale, exchange, or leasing of property between
such affiliate and such carrier;
``(2) the loan of money or other extension of credit
between such affiliate and such carrier or between such
affiliate and a third party directly or indirectly guaranteed
by such carrier;
``(3) the furnishing of goods between such affiliate and
such carrier; or
``(4) the transfer to or use by such affiliate for its
benefit of any assets of such carrier,
shall be pursuant to regulation prescribed by the Commission, shall be
on a fully compensatory and auditable basis, shall be without cost to
the telephone service ratepayers of the carrier, and shall be in
compliance with rules established by the Commission which will be
sufficient to enable the Commission to assess the compliance of any
transaction.
``(d) Waiver.--The Commission may waive any of the requirements of
this section upon the showing of good cause, by a common carrier, video
programming affiliate, or any other person, if the Commission
determines that the public interest, convenience, and necessity will be
served by the waiver. The Commission shall act to approve or disapprove
a waiver application within 120 days after the date it is filed.
``SEC. 653. ESTABLISHMENT OF BASIC VIDEO DIAL TONE PLATFORM.
``Any common carrier which provides video programming directly to
subscribers through a video programming affiliate in its telephone
service area shall establish a basic video dial tone platform. The
Commission, together with the States, shall establish regulations to
prohibit a carrier from discriminating in favor of its video
programming affiliate in providing access to such platform or with
regard to rates, terms, and conditions for access to such platform.
``SEC. 654. PROVISION OF AFFILIATED VIDEO PROGRAMMING.
``(a) Limitation.--A common carrier which provides affiliated video
programming directly to subscribers in its telephone service area
through its video programming affiliate shall make available such
capacity as is requested by unaffiliated video program providers upon
reasonable notice, except that the common carrier shall not be required
to provide more than 75 percent of the equipped capacity of its basic
video dial tone platform to unaffiliated video program providers.
``(b) Evaluation by Commission.--The Commission shall, not later
than 2 years after the date of enactment of this part, evaluate the
effect of subsection (a) on the video programming marketplace and, on
the basis of that evaluation, make recommendations to Congress
concerning appropriate modifications, if any, to subsection (a).
``(c) Broadcast Signal Carriage Excluded.--The carriage of local
broadcast signals pursuant to section 614 shall not constitute the
provision of affiliated video programming for purposes of subsection
(a).
``(d) Waiver.--The Commission may waive or otherwise modify the
applicability of subsection (a) if it determines that video programming
is not available for transport by a common carrier to subscribers in
its telephone service area. The Commission shall act to approve or
disapprove a waiver application within a reasonable period of time.
``(e) Termination.--Subsection (a) shall cease to be effective five
years after the date of enactment of this part.
``SEC. 655. PROHIBITION OF CROSS-SUBSIDIZATION.
``A common carrier shall not engage in any practice that--
``(1) results in the inclusion in rates for telephone
exchange service of any operating expenses, costs, depreciation
charges, capital investments, or other expenses associated with
the provision of video programming by the common carrier or its
video programming affiliate; and
``(2) is prohibited by the Commission or a State.
``SEC. 656. PROHIBITION ON BUYOUTS.
``(a) General Prohibition.--No common carrier which provides
telephone service, nor any entity owned by or under common ownership or
control with such carrier, may purchase or otherwise obtain control
over any cable system which is located within its telephone service
area and is owned by an unaffiliated person.
``(b) Exceptions.--Notwithstanding subsection (a), a common carrier
shall not be prevented from--
``(1) obtaining a noncontrolling interest in such a cable
system through a joint venture or other means; or
``(2) acquiring the use of that part of the transmission
facilities of such a cable system extending from the last
multi-user terminal to the premises of the end user if such use
is reasonably limited in scope and duration.
``(c) Waiver.--
``(1) The Commission may waive the restrictions in
subsection (a) of this section only upon a showing by a carrier
that--
``(A) the facilities of the cable system will be
substantially upgraded through the deployment of modern
technology, including fiber optics;
``(B) the capacity of the cable system and types of
services offered will be expanded;
``(C) the purchase or acquisition of control will
otherwise be in the public interest; and
``(D) the local franchising authority approves of
such waiver.
``(2) The Commission shall act to approve or disapprove a
waiver application within 180 days after the date it is filed.
``SEC. 657. PENALTIES.
``If the Commission finds, after notice and opportunity for a
hearing, including the oral examination and cross-examination of
witnesses, that any common carrier has knowingly and willfully violated
any provision of this part, the Commission shall assess such fines and
penalties as it deems appropriate pursuant to title V of this Act.
``SEC. 658. CUSTOMER PROTECTION.
``(a) Joint Board Required.--The Commission shall, within 30 days
after the date of enactment of this part, convene a Federal-State Joint
Board under the provisions of section 410(c) for the purpose of
establishing the practices, classifications, and regulations as may be
necessary to ensure proper jurisdictional separation and allocation of
the costs of providing broadband services, including affiliated video
programming. The Board shall issue its recommendations to the
Commission within 270 days after the date of enactment of this part.
``(b) Commission Regulations Required.--The Commission, with
respect to interstate switched access service, and the States, with
respect to telephone exchange service and intrastate interexchange
service, shall, within one year after the date of the enactment of this
part, establish such rules and regulations as may be necessary to
implement section 655.
``(c) No Effect on Carrier Regulation Authority.--Nothing in this
section shall be construed to limit or supersede the authority of any
State or the Commission with respect to the allocation of costs
associated with intrastate or interstate communication services.
``SEC. 659. RURAL AREA EXEMPTION.
``The provisions of sections 652, 653, 654, and 656 shall not apply
to video programming provided in a rural area by a common carrier that
provides telephone exchange service in the same area.''. | Communications Competitiveness and Infrastructure Modernization Act of 1993 - Amends the Communications Act of 1934 to allow a common carrier to provide video programming directly to subscribers in its telephone service area through its own facilities or an affiliate. Authorizes the common carrier to provide channels of communications, pole line conduit space, or other rental arrangements to any entity which is directly or indirectly owned, operated, or controlled by it if such facilities or arrangements are to be used for, or in connection with, the provision of video programming directly to subscribers in the telephone service area of the common carrier.
Prohibits a common carrier from providing video programming directly to subscribers in its telephone service area unless the programming is provided through a separate video programming affiliate. Requires business arrangements and transactions between a common carrier and its video programming affiliate to be pursuant to regulations prescribed by the Federal Communications Commission and to be without cost to the telephone service ratepayers of the carrier.
Requires any common carrier which provides video programming directly to subscribers through an affiliate in its telephone service area to establish a basic video dial tone platform. Requires such common carrier to make a maximum of 75 percent of the equipped capacity of its basic video dial tone platform available to unaffiliated video program providers. States that the carriage of local broadcast signals shall not constitute the provisions of affiliated video programming under this Act.
Sets forth prohibitions on: (1) cross-subsidization between telephone service and video programming by common carriers; and (2) common carrier buyouts of cable systems located in the carrier's telephone service area.
Requires the Commission to convene a Federal-State Joint Board to establish practices, classifications, and regulations necessary to ensure proper jurisdictional separation and allocation of the costs of providing broadband services, including affiliated video programming.
Makes provisions of this Act inapplicable to video programming provided in a rural area by a common carrier that provides telephone exchange service in such area. | Communications Competitiveness and Infrastructure Modernization Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights Act of 1964
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) On December 1, 1955, Rosa Parks' brave act of defiance,
refusing to give up her seat to a white person on a segregated bus
in Montgomery, Alabama, galvanized the modern civil rights movement
and led to the desegregation of the South.
(2) On February 1, 1960, 4 college students, Joseph McNeil,
Franklin McCain, David Richmond, and Ezell Blair, Jr., asked to be
served at a lunch counter in Greensboro, North Carolina, and lunch
counter sit-ins began to occur throughout the South to challenge
segregation in places of public accommodation.
(3) On May 4, 1961, the Freedom Rides into the South began to
test new court orders barring segregation in interstate
transportation, and riders were jailed and beaten by mobs in
several places, including Birmingham and Montgomery, Alabama.
(4) Dr. Martin Luther King, Jr., was the leading civil rights
advocate of the time, spearheading the civil rights movement in the
United States during the 1950s and 1960s with the goal of
nonviolent social change and full civil rights for African
Americans.
(5) On August 28, 1963, Dr. Martin Luther King, Jr., led over
250,000 civil rights supporters in the March on Washington and
delivered his famous ``I Have A Dream'' speech to raise awareness
and support for civil rights legislation.
(6) Mrs. Coretta Scott King, a leading participant in the
American civil rights movement, was side-by-side with her husband,
Dr. Martin Luther King, Jr., during many civil rights marches,
organized Freedom Concerts to draw attention to the Movement, and
worked in her own right to create an America in which all people
have equal rights.
(7) The mass movement sparked by Rosa Parks and led by Dr.
Martin Luther King, Jr., among others, called upon the Congress and
Presidents John F. Kennedy and Lyndon B. Johnson to pass civil
rights legislation which culminated in the enactment of the Civil
Rights Act of 1964.
(8) The Civil Rights Act of 1964 greatly expanded civil rights
protections, outlawing racial discrimination and segregation in
public places and places of public accommodation, in federally
funded programs, and employment and encouraging desegregation in
public schools, and has served as a model for subsequent anti-
discrimination laws.
(9) We are an eminently better Nation because of Rosa Parks,
Dr. Martin Luther King, Jr., and all those men and women who have
confronted, and continue to confront, injustice and inequality
wherever they see it.
(10) Equality in education was one of the cornerstones of the
civil rights movement.
(11) On September 10, 1961, Dr. Martin Luther King, Jr., wrote
that African American ``students are coming to understand that
education and learning have become tools for shaping the future and
not devices of privilege for an exclusive few''.
(12) Over its long and distinguished history, the United Negro
College Fund has provided scholarships and operating funds to its
member colleges that have enabled more than 300,000 young African
Americans to earn college degrees and become successful members of
society.
(13) Those graduates include Dr. Martin Luther King, Jr., as
well as leaders in the fields of education, science, medicine, law,
entertainment, literature, the military, and politics who have made
major contributions to the civil rights movement and the creation
of a more equitable society.
(14) Congress has an obligation to lead America's continued
struggle to fight discrimination and ensure equal rights for all.
(15) The year 2014 will mark the semicentennial of the passage
of the Civil Rights Act of 1964.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--The design of the coins minted under this
Act shall be emblematic of the enactment of the Civil Rights Act of
1964 and its contribution to civil rights in America.
(b) Designation and Inscriptions.--On each coin minted under this
Act there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2014''; and
(3) inscriptions of the words ``Liberty'', ``In God We Trust'',
``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee
established under section 5135 of title 31, United States Code.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2014, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2014.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the sum of the face value of the coins, the surcharge required
under section 7(a) for the coins, and the cost of designing and issuing
such coins (including labor, materials, dies, use of machinery,
overhead expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales shall include a surcharge of $10
per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary to the United Negro College Fund (UNCF) to carry out the
purposes of the Fund, including providing scholarships and internships
for minority students and operating funds and technology enhancement
services for 39 member historically black colleges and universities.
(c) Audits.--The United Negro College Fund shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received by the Fund under subsection
(b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was introduced. The summary of that version is repeated here.) Civil Rights Act of 1964 Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue, during 2014, up to 350,000 one-dollar coins designed to be emblematic of the enactment of the Civil Rights Act of 1964 and its contribution to civil rights in America. Permits the Secretary to initiate sales of such coins, without issuance, before 2014. Terminates such minting authority after December 31, 2014.
Requires sales to include a $10 surcharge per coin, which shall be paid to the United Negro College Fund. Subjects the Fund to certain federal audit requirements and a specified issuance limitation. | To require the Secretary of the Treasury to mint coins in commemoration of the semicentennial of the enactment of the Civil Rights Act of 1964. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notch Fairness Act of 2013''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
(a) In General.--Section 215(a) of the Social Security Act is
amended--
(1) in paragraph (4)(B), by inserting ``(with or without
the application of paragraph (8))'' after ``would be made'',
and by striking ``1984'' in clause (i) and inserting ``1989'';
and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraphs (F) and (G) of this paragraph), the amount of
the individual's primary insurance amount as computed or recomputed
under paragraph (1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
``(i) the excess under former law, by
``(ii) the applicable percentage in relation to the year in
which the individual becomes eligible for old-age insurance
benefits, as determined by the following table:
``If the individual becomes The applicable
eligible for such benefits in: percentage is:
1979................................................... 55
1980................................................... 45
1981................................................... 35
1982................................................... 32
1983................................................... 25
1984................................................... 20
1985................................................... 16
1986................................................... 10
1987................................................... 3
1988................................................... 5.
``(C) For purposes of subparagraph (B), the term `excess under
former law' means, in the case of any individual, the excess of--
``(i) the applicable former law primary insurance amount,
over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term `applicable
former law primary insurance amount' means, in the case of any
individual, the amount which would be such individual's primary
insurance amount if it were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December 1978,
or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period after
1950 (or 1936 if applicable) and ending with the calendar year
in which such individual attains age 61, plus the 3 calendar
years after such period for which the total of such
individual's wages and self-employment income is the largest;
and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to any
increases in that table' in such subdivision read `including
any increases in that table'.
``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.
``(G)(i) This paragraph shall apply in the case of any individual
subject to any timely election to receive lump sum payments under this
subparagraph.
``(ii) A written election to receive lump sum payments under this
subparagraph, in lieu of the application of this paragraph to the
computation of the primary insurance amount of an individual described
in paragraph (4)(B), may be filed with the Commissioner of Social
Security in such form and manner as shall be prescribed in regulations
of the Commissioner. Any such election may be filed by such individual
or, in the event of such individual's death before any such election is
filed by such individual, by any other beneficiary entitled to benefits
under section 202 on the basis of such individual's wages and self-
employment income. Any such election filed after December 31, 2013,
shall be null and void and of no effect.
``(iii) Upon receipt by the Commissioner of a timely election filed
by the individual described in paragraph (4)(B) in accordance with
clause (ii)--
``(I) the Commissioner shall certify receipt of such
election to the Secretary of the Treasury, and the Secretary of
the Treasury, after receipt of such certification, shall pay
such individual, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to $5,000,
in 4 annual lump sum installments of $1,250, the first of which
shall be made during fiscal year 2014 not later than July 1,
2014, and
``(II) subparagraph (A) shall not apply in determining such
individual's primary insurance amount.
``(iv) Upon receipt by the Commissioner as of December 31, 2013, of
a timely election filed in accordance with clause (ii) by at least one
beneficiary entitled to benefits on the basis of the wages and self-
employment income of a deceased individual described in paragraph
(4)(B), if such deceased individual has filed no timely election in
accordance with clause (ii)--
``(I) the Commissioner shall certify receipt of all such
elections received as of such date to the Secretary of the
Treasury, and the Secretary of the Treasury, after receipt of
such certification, shall pay each beneficiary filing such a
timely election, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to $5,000
(or, in the case of 2 or more such beneficiaries, such amount
distributed evenly among such beneficiaries), in 4 equal annual
lump sum installments, the first of which shall be made during
fiscal year 2014 not later than July 1, 2014, and
``(II) solely for purposes of determining the amount of
such beneficiary's benefits, subparagraph (A) shall be deemed
not to apply in determining the deceased individual's primary
insurance amount.''.
(b) Effective Date and Related Rules.--
(1) Applicability of amendments.--
(A) In general.--Except as provided in paragraph
(2), the amendments made by this Act shall be effective
as though they had been included or reflected in
section 201 of the Social Security Amendments of 1977.
(B) Applicability.--No monthly benefit or primary
insurance amount under title II of the Social Security
Act shall be increased by reason of such amendments for
any month before July 2014.
(2) Recomputation to reflect benefit increases.--In any
case in which an individual is entitled to monthly insurance
benefits under title II of the Social Security Act for June
2014, if such benefits are based on a primary insurance amount
computed--
(A) under section 215 of such Act as in effect (by
reason of the Social Security Amendments of 1977) after
December 1978, or
(B) under section 215 of such Act as in effect
prior to January 1979 by reason of subsection (a)(4)(B)
of such section (as amended by the Social Security
Amendments of 1977),
the Commissioner of Social Security (notwithstanding section
215(f)(1) of the Social Security Act) shall recompute such
primary insurance amount so as to take into account the
amendments made by this Act. | Notch Fairness Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum Old Age Insurance benefits for individuals who reached age 65 in or after 1979, and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. ("Notch" refers to birth in the United States between 1917 and 1921, as a result of which a retiree born between those years received lower cost-of-living increases in Social Security than others after Congress readjusted Social Security benefits in 1977.) Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55% to 5% and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000. | Notch Fairness Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Reinvestment Act''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.)
is amended--
(1) in section 846(a)(3), by inserting ``in a nursing home,
in a hospice, in a home health agency,'' after ``in a public
hospital,''; and
(2) by adding at the end the following:
``PART H--INITIATIVES TO COMBAT NURSING SHORTAGES
``SEC. 851. PUBLIC SERVICE ANNOUNCEMENTS.
``(a) In General.--The Secretary shall develop and issue public
service announcements that shall advertise and promote the nursing
profession, highlight the advantages and rewards of nursing, and
encourage individuals from diverse communities and backgrounds to enter
the nursing profession.
``(b) Method.--The public service announcements described in
subsection (a) shall be broadcast in appropriate languages via
appropriate media outlets, including on television or radio, in a
manner intended to reach as wide and diverse an audience as possible.
``SEC. 852. STATE AND LOCAL PUBLIC SERVICE ANNOUNCEMENTS.
``(a) In General.--The Secretary shall award grants to eligible
entities to support State and local advertising campaigns via
appropriate media outlets to promote the nursing profession, highlight
the advantages and rewards of nursing, and encourage individuals from
disadvantaged communities and backgrounds to enter the nursing
profession.
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
professional State nursing association, State health care
provider association, accredited school of nursing, and any
other entity that provides similar services or serves a like
function.
``(2) State health care provider association.--The term
`State health care provider association' means a professional
association of hospitals, nursing homes, home health care
agencies, hospices, consortia of said associations, or other
such entities deemed eligible by the Secretary.
``(c) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use funds received through such grant to buy local
television and radio time, place advertisements in local newspapers,
post information on billboards or on the Internet, or utilize other
appropriate media outlets in order to--
``(1) advertise and promote the nursing profession;
``(2) promote nursing education programs;
``(3) inform the public of public assistance regarding such
education programs;
``(4) highlight individuals in the community that are
presently practicing nursing in order to recruit new nurses; or
``(5) provide any other information to recruit individuals
to enroll in nursing programs.
``(d) Method.--The campaigns described in subsection (a) shall be
broadcast in appropriate languages on television or radio, or placed in
newspapers as advertisements, posted on billboards or the Internet, or
publicized via other appropriate media outlets in a manner intended to
reach as wide and diverse an audience as possible.
``(e) Application.--An eligible entity desiring a grant under
subsection (a) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``SEC. 853. NURSE RECRUITMENT GRANT PROGRAM.
``(a) Program Authorized.--The Secretary shall award grants to
eligible entities to increase nursing education opportunities.
``(b) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use funds received from such grant to--
``(1) support outreach programs at primary, junior, and
secondary schools that inform guidance counselors and students
of education opportunities regarding nursing;
``(2) carry out special projects to increase nursing
education opportunities for individuals who are from
disadvantaged backgrounds (including economically disadvantaged
backgrounds and racial and ethnic minorities underrepresented
among registered nurses) by providing student scholarships or
stipends, pre-entry preparation, or retention activities;
``(3) provide assistance to diploma, associate degree, and
collegiate schools of nursing to support remedial education
programs for nursing students who require assistance with math,
science, English, and medical terminology; or
``(4) meet the costs of child care and transportation for
individuals who are taking part in a nursing education program
at any level.
``(c) Application.--An eligible entity desiring a grant under
subsection (a) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``SEC. 854. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part,
$20,000,000 for each of the fiscal years 2002 through 2004.
``PART I--INITIATIVES TO STRENGTHEN THE NURSING WORKFORCE
``SEC. 861. CAREER LADDER GRANT PROGRAM.
``(a) Program Authorized.--The Secretary shall award grants to
eligible entities to assist individuals in obtaining education required
to enter the nursing profession and advance within such profession.
``(b) Eligible Entity.--The term `eligible entity' means a diploma,
associate degree, or collegiate school of nursing.
``(c) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use funds under such grant to establish student
scholarships or stipends for nurse professionals, licensed practical
nurses, certified nurse assistants, and home health aides who enroll in
entry level nursing programs, advanced practice nursing degree
programs, RN/Master's nursing degree programs, doctoral nursing
programs, public health nursing programs, nurse educator programs,
nurse administrator programs, and training programs focused on specific
technology use or disease management.
``(d) Application.--An eligible entity desiring a grant under
subsection (a) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``SEC. 862. GRANTS FOR CURRICULUM DEVELOPMENT.
``(a) Program Authorized.--The Secretary shall award grants to
eligible entities to develop and incorporate gerontology curriculum and
competencies.
``(b) Eligible Entity.--The term `eligible entity' means a diploma,
associate degree, or collegiate school of nursing.
``(c) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use funds under such grant to develop stand alone
courses in geriatric nursing to support concentrations, minors, and
majors in the discipline, to hire faculty who are certified in
geriatric nursing, to train nursing faculty members in gerontology, to
provide continuing education in gerontology for practicing nurses at
diploma, associate degree, and baccalaureate schools of nursing.
``(d) Application.--An eligible entity desiring a grant under
subsection (a) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``SEC. 863. GRANTS FOR PARTNERSHIPS.
``(a) In General.--The Secretary shall award grants to eligible
entities to enable such entities to form partnerships to carry out the
activities described in subsection (d).
``(b) Eligible Entity.--The term `eligible entity' means an
accredited school of nursing and a health care facility that forms a
partnership to provide the services described in this section.
``(c) Health Care Facility.--The term `health care facility' means
a hospital, nursing home, home health care agency, hospice, federally
qualified health center, rural health clinic, or public health clinic.
``(d) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use funds received through such grant to--
``(1) provide employees of the facility advanced training
and education at the school or facility;
``(2) establish or expand nursing practice arrangements in
noninstitutional settings to demonstrate methods to improve
access to primary health care in medically underserved
communities; and
``(3) purchase distance learning technology to extend
general education and training programs to rural areas, and to
extend specialty education and training programs to all areas.
``(e) Application.--An eligible entity desiring a grant under
subsection (a) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``SEC. 864. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part,
$20,000,000 for each of the fiscal years 2002 through 2004.
``PART J--NATIONAL NURSING SERVICE CORPS SCHOLARSHIP PROGRAM
``SEC. 871. NATIONAL NURSING SERVICE CORPS SCHOLARSHIP PROGRAM.
``(a) Program Authorized.--The Secretary shall establish a National
Nurse Service Corps Scholarship program (referred to in this section as
the `program') that provides scholarships to individuals seeking
nursing education in exchange for service by such individuals in areas
with nursing shortages.
``(b) Preference.--In awarding scholarships under this section, the
Secretary shall give preference to applicants with the greatest
financial need, and applicants who agree to serve in health facilities
experiencing nursing shortages in medically underserved areas.
``(c) Requirements.--To be eligible to participate in the program,
an individual must--
``(1) be accepted for enrollment, or be enrolled, in an
accredited school of nursing, to take courses leading to a
baccalaureate or associate degree in nursing, or a diploma in
nursing;
``(2) submit an application to participate in the program;
and
``(3) enter into an agreement with the Secretary, at the
time of submittal of such application, to--
``(A) accept payment of a scholarship and remain
enrolled in a nursing school;
``(B) maintain an acceptable level of academic
standing; and
``(C) serve as a nurse for a period of not less
than 2 years in an Indian Health Service health center,
a Native Hawaiian health center, a public hospital, a
migrant health center, a community health center, a
rural health clinic, a nursing home, a home health
agency, hospice, or a public or nonprofit private
health facility determined by the Secretary to have a
critical shortage of nurses.
``(d) Applications.--
``(1) In general.--The application forms for the programs
shall include--
``(A) a fair summary of the rights and liabilities
of an individual whose application is approved by the
Secretary; and
``(B) information respecting meeting a service
obligation and such other information as may be
necessary for the individual to understand the program.
``(2) Accessibility.--The application form and all other
information furnished by the Secretary shall be written so that
it may be understood by the average individual applying to participate
in the program. The Secretary shall make such application forms, and
other information available to individuals desiring to participate in
the program, on a date sufficiently early to ensure that such
individuals have adequate time to carefully review and evaluate such
forms and information.
``(3) Distribution.--The Secretary shall distribute to
nursing schools materials providing information on the program
and shall encourage the schools to disseminate the materials to
students of the schools.
``(e) Scholarship.--
``(1) In general.--A scholarship provided to a student for
a school year under a written contract under the program shall
consist of--
``(A) payment to, or (in accordance with paragraph
(2)) on behalf of the student of--
``(i) the tuition of the student in such
school year; and
``(ii) all other reasonable educational
expenses and support services, including fees,
books, and laboratory expenses incurred by the
student in such school year; and
``(B) payment to the student of a stipend of $400
per month (adjusted in accordance with paragraph (3))
for each 12 consecutive months beginning with the first
month of the school year.
``(2) Contract.--The Secretary may contract with a nursing
school, in which a participant in the program is enrolled, for
the payment to the nursing school of the amounts of tuition and
other reasonable educational expenses described in paragraph
(1)(A).
``(3) Monthly stipend.--The amount of the monthly stipend,
specified in paragraph (1)(B) and as previously adjusted (if at
all) in accordance with this paragraph, shall be increased by
the Secretary as the Secretary determines to be reasonable.
``(f) Breach of Agreement.--
``(1) In general.--In the case of an individual who enters
into an agreement under this section to provide service as a
nurse in consideration for receiving a scholarship, such
individual is liable to the Federal Government for the amount
of such scholarship, and for interest on such scholarship at
the maximum legal prevailing rate, if the individual--
``(A) fails to maintain an acceptable level of
academic standing in the nursing program;
``(B) is dismissed from the nursing program for
disciplinary reasons;
``(C) voluntarily terminates the nursing program;
or
``(D) fails to provide services in accordance with
the program under this section for the period of time
applicable under the program.
``(2) Waiver or suspension of liability.--The Secretary
shall provide for the waiver or suspension of liability under
this section if compliance by the individual with the agreement
is impossible, or would involve extreme hardship to the
individual, or if enforcement of the agreement with respect to
the individual would be unconscionable.
``(3) Date certain for recovery.--Subject to paragraph (2),
any amount that the Federal Government is entitled to recover
under paragraph (1) shall be paid to the United States not
later than the expiration of the 3-year period beginning on the
date the United States becomes so entitled.
``(4) Availability.--Amounts recovered under paragraph (1)
with respect to a program under this section shall be available
for the purposes of such program, and shall remain available
for such purposes until expended.
``(g) Definitions.--In this section:
``(1) Community health center.--The term ``community health
center'' has the meaning given such term in section 330(a).
``(2) Rural health clinic.--The term ``rural health
clinic'' has the meaning given such term in section 1861(aa)(2)
of the Social Security Act.
``(h) Authorization of Appropriations.--For the purpose of payments
under agreements entered into under subsection (a), there are
authorized to be appropriated $65,000,000 for each of the fiscal years
2002 through 2004.''. | Nurse Reinvestment Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) develop and issue public service announcements that advertise and promote the nursing profession, highlight the advantages and rewards of nursing, and encourage individuals from diverse communities and backgrounds to enter the nursing profession; and (2) award grants to designated eligible educational entities in order to increase the number of nurses.Establishes a National Nurse Service Corps Scholarship program that provides scholarships to individuals seeking nursing education in exchange for service by such individuals in areas with nursing shortages. | A bill to amend the Public Health Service Act to establish programs to alleviate the nursing profession shortage, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dental Health Improvement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Oral and general health are inseparable, and good
dental care is critical to our overall physical health and
well-being.
(2) Although oral health in America has improved
dramatically over the last 50 years, these improvements have
not occurred evenly across all sectors of our population,
particularly among low-income individuals and families and
people living in underserved areas.
(3) According to the United States Surgeon General, an
estimated 25,000,000 Americans live in areas lacking adequate
dental care services, and as many as 11 percent of our Nation's
rural population has never been to a dentist.
(4) This access problem is exacerbated by the fact that our
dental workforce is aging: more than 20 percent of dentists
will retire in the next 10 years, and the number of dental
graduates by 2015 may not be enough to replace these retirees.
Although dentists have significantly increased their
productivity, there are still distribution problems in specific
geographic areas.
(5) Our Nation's dental school faculty is also aging. With
retirement being the leading indicator, faculty shortage issues
face United States dental schools with approximately 400
current vacancies for unfilled, budgeted positions. United
States dental schools play an important role in improving
access to care to underserved populations.
(6) While the National Health Service Corps has placed more
than 20,000 health care providers in some of America's most
difficult-to-place inner city, rural, and frontier communities,
the current funding levels for this program do not begin to
meet the need in these underserved communities for physical,
oral, and mental and behavioral health care services and should
be substantially increased.
(7) According to the United States Surgeon General, the
number of dentists and dental hygienists with obligations to
serve in the National Health Service Corps falls far short of
meeting the total identified need: only about 6 percent of the
dental need in designated underserved areas is currently being
met by this program, and outreach and development are critical
to future opportunities for strengthening the dental workforce
in designated dental health professional shortage areas.
SEC. 3. EXPANDING AVAILABILITY OF DENTAL SERVICES.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by adding at the end the following:
``Subpart X--Primary Dental Programs
``SEC. 340F. DESIGNATED DENTAL HEALTH PROFESSIONAL SHORTAGE AREA.
``In this subpart, the term `designated dental health professional
shortage area' means an area, population group, or facility that is
designated by the Secretary as a dental health professional shortage
area under section 332 or designated by the applicable State as having
a dental health manpower shortage.
``SEC. 340G. GRANTS FOR INNOVATIVE PROGRAMS.
``(a) Grant Program Authorized.--The Secretary, acting through the
Administrator of the Health Resources and Services Administration, is
authorized to award grants to States for the purpose of helping States
develop and implement innovative programs to address the dental
workforce needs of designated dental health professional shortage areas
in a manner that is appropriate to the State's individual needs.
``(b) State Activities.--A State receiving a grant under subsection
(a) may use funds received under the grant for--
``(1) loan forgiveness and repayment programs for dentists
who--
``(A) practice in designated dental health
professional shortage areas; and
``(B) agree to--
``(i) provide services to patients
regardless of such patients' ability to pay;
and
``(ii) provide a sliding payment scale for
patients who are unable to pay the total cost
of services;
``(2) recruitment and retention efforts;
``(3) grants and low-interest or no-interest loans to help
practitioners who participate in the medicaid program under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
to establish or expand practices in designated dental health
professional shortage areas by equipping dental offices or
sharing in the overhead costs of such operations;
``(4) the establishment or expansion of dental residency
programs in coordination with accredited dental training
facilities in States without dental schools;
``(5) programs developed in consultation with State and
local dental societies to expand or establish oral health
services in designated dental health professional shortage
areas, such as--
(A) the expansion or establishment of a community-
based dental facility, free-standing dental clinic,
consolidated health center dental facility, school-
linked dental facility, or United States dental school-
based facility;
(B) the establishment of a mobile or portable
dental clinic; and
(C) the establishment or expansion of private
dental services to enhance capacity through additional
equipment or additional hours of operation;
``(6) placement and support of dental students, residents,
and advanced dentistry trainees;
``(7) continuing dental education, including distance-based
education;
``(8) practice support through teledentistry conducted in
accordance with existing State laws;
``(9) community-based prevention services such as water
fluoridation and dental sealant programs;
``(10) coordination with local education systems within the
State to foster programs that promote children going into oral
health or science professions;
``(11) the establishment of faculty recruitment programs at
accredited dental training institutions whose mission includes
community outreach and service and that have a demonstrated
record of serving underserved States;
``(12) the development of a State dental officer position
or the augmentation of a current State dental office to
coordinate oral health and access issues in the State; and
``(13) any other activities determined to be appropriate by
the Secretary.
``(c) Application.--
``(1) In general.--Each State desiring a grant under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may reasonably require.
``(2) Assurances.--Each application submitted under this
subsection shall include assurances that the State will meet
the requirements of subsection (d) and that the State possesses
sufficient infrastructure to manage the activities to be funded
by the grant and to evaluate and report on the outcomes
resulting from such activities.
``(d) Matching Requirement.--An entity that receives a grant under
this section shall contribute non-Federal funds to activities carried
out under the grant in a total amount equal to at least 40 percent of
the amount of the grant. Such matching funds may be a combination of
in-kind contributions, fairly valued, and any other funding from State
or local sources or from community or other organizations.
``(e) Report.--Not later than 5 years after the date of enactment
of the Dental Health Improvement Act, the Secretary shall prepare and
submit to the appropriate committees of Congress a report containing
data relating to whether grants provided under this section have
increased access to dental services in designated dental health
professional shortage areas.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $50,000,000 for the 5-fiscal
year period beginning with fiscal year 2002.''.
SEC. 3. NATIONAL HEALTH SERVICE CORPS.
(a) Scholarship and Loan Repayment Programs.--The Secretary of
Health and Human Services, in consultation with the American Dental
Association, the American Dental Education Association, the American
Dental Hygienists Association, the American Academy of Pediatric
Dentistry, the Association of State and Territorial Dental Directors,
and the National Association of Community Health Centers, shall develop
and implement a plan for increasing the participation of dentists and
dental hygienists in the National Health Service Corps' scholarship
program under section 338A of the Public Health Service Act (42 U.S.C.
254l) and the loan repayment program under section 338B of such Act (42
U.S.C. 254l-1).
(b) Loan Repayment Plan.--Section 338C of the Public Health Service
Act (42 U.S.C. 254m) is amended by adding at the end the following:
``(f) Notwithstanding any other provision of this title, periods of
obligated service may be served and fulfilled on a part time basis if--
``(1) such part time service is agreed to by both the
placement site or sites and the recipient of the scholarship or
loan repayment; and
``(2) the recipient's total obligation is fulfilled.''.
(c) Scholarship Programs.--Any scholarship program for dental
students administered through the National Health Service Corps shall
meet the following requirements:
(1) Availability.--The scholarship program shall be open to
students attending any accredited dental school or dental
hygiene program in the United States.
(2) Placement.--The placement of an oral health provider
participating in the scholarship program shall be solely based
upon community need for dental services.
(d) Site Designation Process.--
(1) Improvement of designation process.--The Administrator
of the Health Resources and Services Administration, in
consultation with the Association of State and Territorial
Dental Directors, dental societies, and other interested
parties, shall--
(A) design and implement procedures to simplify the
process of designating areas, population groups, and
facilities as dental health professional shortage areas
under section 332 of the Public Health Service Act (42
U.S.C. 254e); and
(B) revise the criteria upon which such
designations are based so that such criteria provide a
more accurate reflection of oral health care need,
particularly in rural areas.
(2) Public health service act.--Section 332 of the Public
Health Service Act (42 U.S.C. 254e) is amended by adding at the
end the following:
``(i) Dissemination.--The Administrator of the Health Resources and
Services Administration shall disseminate information concerning the
designation criteria described in subsection (b) to--
``(1) the Governor of each State;
``(2) the representative of any area, population group, or
facility selected by any such Governor to receive such
information;
``(3) the representative of any area, population group, or
facility that requests such information; and
``(4) the representative of any area, population group, or
facility determined by the Administrator to be likely to meet
the criteria described in subsection (b).
``(j) Technical Assistance.--The Administrator of the Health
Resources and Services Administration shall provide technical
assistance to any area, population group, or facility that demonstrates
an interest in applying for dental health professional shortage area
designation.''.
SEC. 4. EXCLUSION OF CERTAIN AMOUNTS RECEIVED UNDER THE NATIONAL HEALTH
SERVICE CORPS SCHOLARSHIP AND LOAN REPAYMENT PROGRAMS AND
CERTAIN OTHER PROGRAMS.
(a) In General.--Section 117(c) of the Internal Revenue Code of
1986 (relating to the exclusion from gross income amounts received as a
qualified scholarship) is amended--
(1) by striking ``Subsections (a)'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
subsections (a)'', and
(2) by adding at the end the following new paragraph:
``(2) Exceptions.--Paragraph (1) shall not apply to any
amount received by an individual under--
``(A) the National Health Service Corps Scholarship
program under section 338A(g)(1)(A) of the Public
Health Service Act,
``(B) the National Health Service Corps Loan
Repayment program under section 338B(g)(1) of the
Public Health Service Act, or
``(C) any State program determined by the Secretary
to have substantially similar objectives as such
programs.''.
(b) Effective Dates.--The amendments made by subsection (a) shall
apply to amounts received in taxable years beginning after December 31,
2001. | Dental Health Improvement Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to award grants to States to help them develop innovative programs to address the dental workforce needs of designated dental health professional shortage areas in a manner appropriate to the State's individual needs. Defines "designated dental health professional shortage area" to mean an area, population group, or facility designated by the Secretary as a dental health professional shortage area or by a State as having a dental health manpower shortage.Directs the Secretary to develop a plan for increasing participation of dentists and dental hygienists in the National Health Service Corps' scholarship and loan repayment programs. Revises scholarship and loan repayment program requirements to allow periods of obligated service (period of time that a recipient must serve in a health professional shortage area in order to receive a scholarship or loan) to be served and fulfilled on a part time basis if certain conditions are met.Sets forth requirements with respect to the dental health professional shortage area designation process.Amends the Internal Revenue Code to exclude from the gross income of an individual certain amounts received under the National Health Service Corps Scholarship program, the National Health Service Corps Loan Repayment program, or any similar State program. | A bill to expand the availability of oral health services by strengthening the dental workforce in designated underserved areas. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Waste in National Parks
Act''.
SEC. 2. DISPOSABLE PLASTIC BOTTLE RECYCLING AND REDUCTION IN UNITS OF
THE NATIONAL PARK SYSTEM.
(a) Program for Recycling and Reduction of Disposable Plastic
Bottles in Units of the National Park System.--Each regional director
concerned shall establish in such unit of the National Park System a
program for recycling and reduction of disposable plastic bottles,
including, if applicable, elimination of the sale of water in
disposable plastic bottles under subsection (b).
(b) Elimination of Sale of Water in Disposable Plastic Bottles.--
(1) In general.--Each regional director concerned may
eliminate the sale of water in disposable plastic bottles in
such unit of the National Park System after consideration of
the following factors with respect to such unit:
(A) The costs and benefits to the overall
operations.
(B) The amount of waste that would be eliminated.
(C) The infrastructure costs and funding sources
for bottle refill stations.
(D) Any contractual implications with respect to
concessioners, including considerations of new
leaseholder surrender interest or possessory interest.
(E) The operational costs of bottle refill
stations, including utilities and regular public health
testing.
(F) The cost and availability of BPA-free reusable
containers.
(G) The effect on concessioner and cooperation
association sales revenue.
(H) The availability of water within concession
food service operations.
(I) The ability to provide visitor education in the
unit and online so that visitors may come prepared with
their own water bottles.
(J) Any input from the National Park Service Office
of Public Health.
(K) The feasibility of posting signs so that
visitors can easily find bottle refill stations.
(L) Safety considerations for visitors who may
resort to not carrying enough water or drinking from
surface water sources with potential exposure to
disease.
(M) Any input from concessioners and cooperating
associations within the unit.
(2) Units of national park system that have previously
eliminated sale water in disposable plastic bottles.--With
respect to a unit of the National Park System that does not
offer for sale water in disposable plastic bottles on the date
prior to the date of the enactment of this Act, the
superintendent of such unit may continue to not offer for sale
water in disposable plastic bottles if such superintendent, not
later than 180 days after the date of the enactment of this
Act, submits to the regional director of such unit an
evaluation that analyzes and addresses the factors listed in
subparagraphs (A) through (M) of paragraph (1).
(c) Proactive Visitor Education Strategy.--Each regional director
concerned shall develop for such unit of the National Park System a
proactive visitor education strategy that addresses visitor
expectations of water availability and explains the rationale for the
program for recycling and reduction of disposable plastic bottles
established under subsection (a) and implemented in such unit.
(d) Continuity Within Unit of the National Park System.--Each
regional director concerned shall, to the extent possible, implement
the program for recycling and reduction of disposable plastic bottles
established under subsection (a) in a manner that is consistent
throughout such unit of the National Park System, including
incorporation of such program into any agreement with an organization
operating within the unit, including a concessioner operating plan and
cooperating association scope of sales.
(e) Bi-Annual Evaluation.--Each regional director concerned shall,
not less than once every 2 years--
(1) conduct an evaluation of the program for recycling and
reduction of disposable plastic bottles established under
subsection (a) for such unit of the National Park System,
including--
(A) public response to the program;
(B) visitor satisfaction with the availability of
water;
(C) buying behavior with respect to products sold
in disposable plastic bottles;
(D) public safety including information on cases of
dehydration or exposure to disease from drinking from
surface water; and
(E) disposable plastic bottle collection rates; and
(2) submit such evaluation to the Director of the National
Park Service and the Secretary of the Interior.
(f) Definition of Regional Director Concerned.--For the purposes of
this section, the term ``regional director concerned'' means, with
respect to a unit of the National Park System, the regional director of
the region of the National Park System in which such unit is located,
working in coordination with the superintendent of such unit. | Reducing Waste in National Parks Act This bill directs each regional director of a region of the National Park System (NPS) to establish a program to recycle and reduce the use of disposable plastic bottles within each NPS unit located in its region. Regional directors may eliminate the sale of water in disposable plastic bottles within their NPS units after having considered several specified factors. Where an NPS unit is not offering water for sale in disposable plastic bottles, the superintendent of the unit may continue that practice, upon submission of an evaluation of those factors. Each regional director who establishes and implements such a program shall develop for each affected NPS unit a proactive visitor education strategy to address visitor expectations of water availability and explain the rationale for the program. | Reducing Waste in National Parks Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Patient Choice Act of
1995''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There should be no unreasonable barriers or impediments
to the ability of individuals enrolled in health care plans to
obtain appropriate specialized medical services.
(2) The patient's first point of contact in a health care
plan must be encouraged to make all appropriate medical
referrals and should not be constrained financially from making
such referrals.
(3) Some health care plans may impede timely access to
specialty care.
(4) At any time, patients must be able to access out-of-
network items, treatment, and services at an additional cost to
the patient which is not so prohibitive that they are deterred
from seeing the health care provider of their own choice.
(5) Specialty care must be available for the full duration
of the patient's medical needs and not limited by time or
number of visits.
(6) Direct access to specialty care is essential for
patients in emergency and nonemergency situations and for
patients with chronic and temporary conditions.
SEC. 3. PROTECTION FOR MEDICARE HMO ENROLLEES.
(a) In General.--Section 1876 of the Social Security Act (42 U.S.C.
1395mm) is amended--
(1) in subsection (c)(1), by striking ``subsection (e)''
and inserting ``subsections (e) and (k)'', and
(2) by adding at the end the following new subsection:
``(k) Beneficiary Protection.--
``(1) Minimum loss ratio.--
``(A) In general.--Each eligible organization shall
have a loss-ratio that is not less than 85 percent for
each contract year.
``(B) Loss ratio defined.--In subparagraph (A), the
term `loss-ratio' means, with respect to an
organization for a contract year, the ratio of (i) the
anticipated aggregate benefits provided under this
section to enrollees for the year, to (ii) the
aggregate amount of the premiums collected (including
payments to the organization under subsection (a) for
the year, as estimated on the basis of incurred claims
experience and earned premium for the year.
``(2) Assuring adequate in-network access.--
``(A) Timely access.--An eligible organization that
restricts the providers from whom benefits may be
obtained must guarantee to enrollees under this section
timely access to primary and specialty health care
providers who are appropriate to the enrollee's
condition.
``(B) Access to specialized care.--Enrollees must
have access to specialized treatment when the treating
provider deems necessary. This access may be satisfied
through contractual arrangements with specialized
providers outside of the network.
``(C) Continuity of care.--An eligible
organization's use of case management may not create an
undue burden for enrollees under this section. An
organization must ensure direct access to specialists
for ongoing care as so determined by the case manager
in consultation with the specialty care provider. This
continuity of care may be satisfied for enrollees with
chronic conditions through the use of a specialist
serving as case manager.
``(3) Assuring out-of-network access.--
``(A) In general.--An eligible organization that
contracts with a specific network of providers must
offer its enrollees or their treating provider with the
patient's authorization under this section, the ability
at any time, to seek items, services, and treatment
from out-of-network providers for all covered benefits.
``(B) Reimbursement for out-of-network services.--
An eligible organization under this section shall
provide for reimbursement for the enrollee, consistent
with the cost-sharing schedule established under
subparagraph (C), with respect to out-of-network
services which are described in subparagraph (A), so
long as the services were medically appropriate, and
were covered benefits in-network.
``(C) Establishment of cost-sharing schedule.--In
consultation with the National Association of Insurance
Commissioners, the Secretary shall establish (by not
later than one year after enactment of this Act) a
cost-sharing schedule which applies to payment required
under subparagraph (B) for out-of-network services.
``(4) Appropriate range of services.--A health plan shall
not deny any health care professionals, based solely on the
license or certification as applicable under State law, the
ability to participate in providing covered health care
services, or be reimbursed or indemnified or by a network plan
for providing such services. Organizations must ensure a
sufficient number, mix, and distribution of health care
professionals within a network plan to ensure enrollees access
to appropriate medical services.
``(5) Grievance and appeals processes.--
``(A) Grievance process.--The organization must
provide meaningful procedures for hearing and resolving
grievances between the organization (including any
entity or individual through which the organization
provides health care services) and members enrolled
with the organization under this section.
``(B) Board of appeals.--
``(i) In general.--Each eligible
organization shall establish a board of appeals
to hear and make determinations on complaints
by enrollees concerning denials of coverage or
payment for services (whether in-network or
out-of-network) and the medical necessity and
appropriateness of covered items and services.
``(ii) Composition.--A board of appeals of
an eligible organization shall consist of--
``(I) representatives of the
organization, including physicians,
nonphysicians, administrators, and
enrollees;
``(II) consumers who are not
enrollees and those who have
disenrolled; and
``(III) providers with expertise in
the field of medicine which
necessitates treatment.
``(iii) Deadline for decision.--A board of
appeals shall hear and resolve complaints
within 30 days after the date the complaint is
filed with the board.
``(C) Appeal to secretary.--A member enrolled in an
eligible organization under this section who is
dissatisfied with a determination of a board of appeals
of the organization under subparagraph (B) is entitled,
if the amount in controversy is $100 or more, to a
hearing before the Secretary to the same extent as is
provided in section 205(b), and in any such hearing the
Secretary shall make the eligible organization a party.
If the amount in controversy is $1,000 or more, the
individual or eligible organization shall, upon
notifying the other party, be entitled to judicial
review of the Secretary's final decision as provided in
section 205(g), and both the individual and the
eligible organization shall be entitled to be parties
to that judicial review. In applying sections 205(b)
and 205(g) as provided in this subparagraph, and in
applying section 205(l) thereto, any reference therein
to the Commissioner of Social Security or the Social
Security Administration shall be considered a reference
to the Secretary or the Department of Health and Human
Services, respectively.
``(6) Notice of enrollee rights and consumer report card.--
``(A) In general.--Each eligible organization shall
provide each enrollee, at the time of enrollment and
not less frequently than annually thereafter, an
explanation of the enrollee's rights under this section
and a copy of the most recent consumer report card for
the organization (as described in subparagraph (C)).
``(B) Rights described.--The explanation of rights
under subparagraph (A) shall include an explanation
of--
``(i) the enrollee's rights to benefits
from the organization;
``(ii) the restrictions on payments under
this title for services furnished other than by
or through the organization;
``(iii) out-of-area coverage provided by
the organization;
``(iv) the organization's coverage of
emergency services and urgently needed care;
``(v) the organization's coverage of out-
of-network services, including services that
are additional to the items and services
covered under parts A and B; and
``(vi) appeal rights of enrollees.
``(C) Consumer report card.--For purposes of
subparagraph (A), the term `consumer report card'
means, with respect to an eligible organization for a
year, a report issued by the organization which
contains indicators of the quality of the services
under this section provided by the organization during
the year. Information must be provided in a manner that
permits consumers to compare organizations with respect
to the following:
``(i) For each plan, on--
``(I) the premium for the plan,
``(II) identity, location,
qualifications, and availability of
providers in any provider networks of
the plan,
``(III) the number of individuals
enrolling and disenrolling from the
plan,
``(IV) procedures used by the plan
to control utilization of services and
expenditures,
``(V) procedures used by the plan
to assure quality of care,
``(VI) the plan's loss ratio, and
``(VII) rights and responsibilities
of enrollees.
``(ii) In addition, for each managed care
plan, on--
``(I) restrictions on payment for
services provided outside the plan's
provider network,
``(II) the process by which
services may be obtained through the
plan's provider network,
``(III) coverage for out-of-area
services, and
``(IV) any exclusions in the types
of providers participating in the
plan's provider network.
``(7) Restrictions on provider incentive plans.--
``(A) In general.--Each contract with an eligible
organization under this section shall provide that the
organization may not operate any provider incentive
plan (as defined in subparagraph (B)) unless the
following requirements are met:
``(i) No specific payment is made directly
or indirectly under the plan to a provider or
provider group as an inducement to reduce or
limit medically necessary services provided
with respect to a specific individual enrolled
with the organization.
``(ii) If the plan places a provider or
provider group at substantial financial risk
(as determined by the Secretary) for services
not provided by the provider or provider group,
the organization--
``(I) provides stop-loss protection
for the provider or group that is
adequate and appropriate, based on
standards developed by the Secretary
that take into account the number (and type) of providers placed at
such substantial financial risk in the group or under the plan and the
number of individuals enrolled with the organization who receive
services from the provider or the group, and
``(II) conducts periodic surveys of
both individuals enrolled and
individuals previously enrolled with
the organization to determine the
degree of access of such individuals to
services provided by the organization
and satisfaction with the quality of
such services.
``(iii) The organization provides the
Secretary with descriptive information
regarding the plan, sufficient to permit the
Secretary to determine whether the plan is in
compliance with the requirements of this
subparagraph.
``(B) Provider incentive plan defined.--In this
paragraph, the term `provider incentive plan' means any
compensation arrangement between an eligible
organization and a provider or provider group that may
directly or indirectly have the effect of reducing or
limiting services provided with respect to individuals
enrolled with the organization.
``(8) Additional definitions.--
``(A) In-network.--The term `in-network' means
services provided by health care providers who have
entered into a contract or agreement with the
organization under which such providers are obligated
to provide items, treatment, and services under this
section to individuals enrolled with the organization
under this section.
``(B) Network.--The term `network' means, with
respect to an eligible organization, the health care
providers who have entered into a contract or agreement
with the organization under which such providers are
obligated to provide items, treatment, and services
under this section to individuals enrolled with the
organization under this section.
``(C) Out-of-network.--The term `out-of-network'
means services provided by health care providers who
have not entered into a contract agreement with the
organization under which such providers are obligated
to provide items, treatment, and services under this
section to individuals enrolled with the organization
under this section.''.
(b) Conforming Amendments.--Section 1876 of such Act is further
amended--
(1) by striking subparagraph (E) of subsection (c)(3);
(2) by striking paragraphs (4) and (5) of subsection (c);
and
(3) by striking paragraph (8) of subsection (i).
(c) Effective Date.--The amendments made by this section shall
apply to contract years beginning at least 60 days after the date the
Secretary establishes the cost-sharing schedule for out-of-network
services under section 1876(k)(2)(C) of the Social Security Act (as
added by subsection (a)(2)).
SEC. 4. APPLICATION OF PROTECTIONS TO MEDICARE SELECT POLICIES.
(a) In General.--Section 1882(t)(1) of the Social Security Act (42
U.S.C. 1395ss(t)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting a semicolon; and
(3) by adding at the end the following new subparagraph:
``(G) notwithstanding any other provision of this
section to the contrary, if the issuer of the policy--
``(i) meets the requirements of section
1876(k) with respect to individuals enrolled
under the policy in the same manner such
requirements apply with respect to an eligible
organization under such section with respect to
individuals enrolled with the organization
under such section, and
``(ii) discloses (in a form and manner
specified by the Secretary) the loss ratio
described in subsection (r)(1) most recently
calculated for purposes of such subsection.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to policies issued or renewed on or after the effective date
described in section 3(c). | Medicare Patient Choice Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations and competitive medical plans, among other things, to: (1) have a minimum 85 percent loss-ratio of benefits-to-premiums; (2) assure Medicare enrollees timely access to in-network primary and specialty health care providers and out-of-network providers as well; (3) establish a cost-sharing schedule for out-of-network services; (4) establish a grievance process with board of appeals hearings within 30 days of the filing of a complaint; and (5) provide each enrollee with an explanation of the enrollee's rights and a copy of the most recent consumer report card for the organization. Prohibits provider incentive plans that fail to meet specified criteria.
Applies the same requirements to Medicare select policies. | Medicare Patient Choice Act of 1995 |
SECTION 1. CONSERVATION HABITAT RESERVE PROGRAM.
(a) Establishment.--The Secretary shall enter into contracts in
accordance with this section with owners and operators of lands
suitable for conservation habitat, under which the owners and operators
manage the land for the protection of protected species in exchange for
cash payments from the Secretary.
(b) Contract Requirements.--
(1) Duties of owners and operators.--
(A) In general.--Each contract entered into under
this section with respect to land shall obligate the
owner or operator of the land--
(i) to implement a plan approved by the
Secretary, in consultation with the Secretary
of the Interior, for management of the land;
(ii) not to use the land in a manner that
is inconsistent with the purpose of the
contract; and
(iii) on the violation of a term or
condition of the contract at any time the owner
or operator has control of the land--
(I) to forfeit all rights to
receive rental payments and management
fees under the contract, if the
Secretary, after considering the
recommendations of the Secretary of the
Interior, determines that the violation
warrants termination of the contract;
or
(II) to refund to the Secretary, or
accept adjustments to, the rental
payments and management fees provided
to the owner or operator, as the
Secretary considers appropriate, if the
Secretary, after considering the
recommendations of the Secretary of the
Interior, determines that the violation
does not warrant termination of the
contract.
(B) Contents of plan.--The plan referred to in
subparagraph (A)(i) shall set forth--
(i) the management practices to be carried
out by the owner or operator of the land; and
(ii) any permitted use of the land.
(2) Duties of the secretary.--Each contract entered into
under this section shall obligate the Secretary--
(A) to pay the cost of carrying out the management
measures and practices set forth in the contract, to
the extent that the Secretary determines is appropriate
and in the public interest;
(B) for a period of years not in excess of the term
of the contract, to pay an annual rental payment in an
amount necessary to compensate for the conversion of
the land to, or use of the land for, conservation
habitat; and
(C) to provide technical assistance and management
training to assist the owner or operator in carrying
out the contract.
(3) Duration.--Each contract entered into under this
section shall be for a term of not fewer than 5 years and not
greater than 10 years.
(c) Other Rules Applicable to Contracts.--
(1) Modification.--The Secretary may modify a contract
entered into with an owner or operator under this section if
the owner or operator agrees to the modification.
(2) Renewal.--Notwithstanding subsection (g)(3)(C), the
Secretary may renew a contract entered into under this section
only if, at the time the contract would otherwise expire, a
protected species is occupying the land subject to the
contract.
(3) Termination.--The Secretary may terminate a contract
entered into with an owner or operator under this section if--
(A) the owner or operator agrees to the
termination; and
(B) the Secretary determines that the termination
would be in the public interest.
(4) Effect of transfer of ownership of land.--If, during
the term of a contract entered into under this section, an
owner or operator of land subject to the contract sells or
otherwise transfers the ownership or right of occupancy of the
land, the new owner or operator of the land may--
(A) notwithstanding subsection (g)(3)(C)--
(i) continue the contract under the same
terms or conditions; or
(ii) enter into a new contract in
accordance with this section; or
(B) elect not to participate in the program
established under this section.
(d) Limitations.--
(1) County impact.--The Secretary shall not, at any one
time, have in effect under this section contracts with respect
to more than 25 percent of the land or water in any one county,
except to the extent that the Secretary determines that doing
so would not adversely affect the local economy of the county.
(2) Recent changes in ownership.--
(A) 3-year rule.--The Secretary may not, on any
date, enter into a contract under this section with
respect to land the ownership of which has changed in
the immediately preceding 3-year period.
(B) Exceptions.--Subparagraph (A) shall not apply
to a change of ownership if--
(i) the change of ownership occurred by
reason of the operation of a will or by
succession as a result of the death of the
previous owner;
(ii) the change of ownership occurred
before January 1, 1995; or
(iii) the Secretary determines that the
change of ownership occurred under
circumstances which give adequate assurance
that the land was not acquired for the purpose
of placement in the program established under
this section.
(C) Rules of interpretation.--Subparagraph (A)
shall not be construed to--
(i) prohibit a new owner of land from
electing to assume the obligations of the
previous owner under a contract entered into
under this section with respect to the land,
and otherwise continue the contract in effect;
or
(ii) require a person, as a condition of
eligibility to enter into a contract under this
section with respect to land, to own the land
if the person--
(I) has operated the land for at
least 3 years preceding the date of the
contract or since January 1, 1995,
whichever is later; and
(II) will control the land for the
duration of the contract.
(e) Payments.--
(1) Determination of amount.--
(A) Incentive to participation.--In determining the
amount of annual rental payments to be paid under
contracts entered into under this section, the
Secretary may consider, among other things, the amount
necessary to encourage owners or operators to
participate in the program established by this section.
(B) Use of bids.--The Secretary may determine the
amounts payable to owners or operators in the form of
rental payments under contracts entered into under this
section, through the submission of bids in such manner
as the Secretary may prescribe.
(2) Timing.--
(A) In general.--The Secretary shall provide
payment for obligations incurred by the Secretary under
a contract entered into under this section--
(i) with respect to any cost for management
incurred by the Secretary, as soon as possible
after the obligation is incurred; and
(ii) with respect to any annual rental
payment obligation incurred by the Secretary--
(I) as soon as practicable after
October 1 of each calendar year; or
(II) at the discretion of the
Secretary, at any time before such date
during the year that the obligation is
incurred.
(B) Authority to make payments before determining
performance.--The Secretary may make payments under
this section before determining performance.
(3) Payments to third parties.--If an owner or operator who
is entitled to a payment under a contract entered into under
this section dies, becomes incompetent, is otherwise unable to
receive the payment, or is succeeded by another person who
renders or completes the performance required of the owner or
operator under the contract, the Secretary shall make the
payment, in accordance with regulations prescribed by the
Secretary and without regard to any other provision of law, in
such manner as the Secretary determines is fair and reasonable
in light of all of the circumstances.
(4) No effect on other payments.--Rental payments received
by an owner or operator under this section shall be in addition
to, and shall not affect, the total amount of payments that the
owner or operator is otherwise eligible to receive under this
section, the Agricultural Act of 1949, or other Federal law.
(f) Consultation With the Secretary of the Interior.--The Secretary
shall consult with the Secretary of the Interior on all determinations
and actions that are necessary to carry out this section.
(g) Definitions.--As used in this section:
(1) Land suitable for conservation habitat.--The term
``land suitable for conservation habitat'' means qualified
land--
(A) that is occupied by a protected species; or
(B) that--
(i) provides habitat which is suitable for
a protected species; and
(ii) is likely to be occupied by a
protected species for part of each year.
(2) Protected species.--The term ``protected species''
means any species that is--
(A) included in a list published pursuant to
section 4(c) of the Endangered Species Act of 1973; or
(B) proposed pursuant to such Act to be included in
such a list.
(3) Qualified land.--The term ``qualified land'' means land
that--
(A) as of January 1, 1995, was used for any
agricultural purpose;
(B) is covered by--
(i) a cooperative management agreement
provided for in section 6 of the Endangered
Species Act of 1973; or
(ii) a conservation plan provided for in
section 10(a) of such Act;
(C) is not the subject of a contract in effect
under this section; and
(D) is not the subject of a contract in effect
under chapter 1 of subtitle D of title XII of the Food
Security Act of 1985.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(h) Authority Subject to Appropriations.--The authority provided by
this section shall be exercised only to the extent and in the amounts
provided in advance in appropriations Acts. | Directs the Secretary of Agriculture to enter into contacts with owners and operators of agricultural land to provide conservation habitat for protected species. States that such contracts shall provide financing for conservation measures, rental payments, and technical assistance.
Sets forth provisions regarding land ownership transfer and county impact. | To provide incentives for the owners and operators of agricultural land to provide habitat for protected species. |
SECTION 1. APPLICATION OF INDEMNIFICATION AUTHORITY.
(a) In General.--The discretionary authority under Public Law 85-
804 (50 U.S.C. 1431 et seq.) includes authority for the President to
provide under such law for the indemnification of a contractor or
subcontractor in connection with procurement of an anti-terrorism
technology or an anti-terrorism service from the contractor or
subcontractor for the purpose of preventing, detecting, identifying,
otherwise deterring, or recovering from acts of terrorism.
(b) Exercise of Authority.--The authority to provide under Public
Law 85-804 for indemnification of contractors and subcontractors in
connection with procurements described in subsection (a) includes
authority for the President to provide for--
(1) indemnification for economic damages not fully covered
by private liability insurance within the scope of the losses
or damages of the indemnification coverage;
(2) negotiation for inclusion of an indemnification clause
in a contract prior to the commencement of the performance of
the contract;
(3) coverage of information technology used to prevent,
detect, identify, otherwise deter, or recover from acts of
terrorism; and
(4) applicability of the authority to procurements by the
United States Postal Service.
SEC. 2. APPLICATION OF INDEMNIFICATION AUTHORITY TO STATE AND LOCAL
GOVERNMENT CONTRACTORS.
(a) Authority.--Subject to the limitations of subsection (b), the
President may exercise the discretionary authority under Public Law 85-
804 (50 U.S.C. 1431 et seq.) so as to provide under such law for
indemnification of contractors and subcontractors in procurements by
States or units of local government of an anti-terrorism technology or
an anti-terrorism service for the purpose of preventing, detecting,
identifying, otherwise deterring, or recovering from acts of terrorism.
(b) Limitations.--Any authority that is delegated by the President
under subsection (a) to the head of a Federal agency to provide for the
indemnification of contractors and subcontractors under Public Law 85-
804 (50 U.S.C. 1431 et seq.) for procurements by States or units of
local government may be exercised only--
(1) in the case of a procurement by a State or unit of
local government that--
(A) is made under a contract awarded pursuant to
section 3; and
(B) is approved, in writing, for the provision of
indemnification by the President or the official
designated by the President under section 3(a); and
(2) with respect to--
(A) amounts of losses or damages not fully covered
by private liability insurance and State or local
government-provided indemnification; and
(B) liabilities of a contractor or subcontractor
not arising out of willful misconduct or lack of good
faith on the part of the contractor or subcontractor,
respectively.
SEC. 3. PROCUREMENTS OF ANTI-TERRORISM TECHNOLOGIES AND ANTI-TERRORISM
SERVICES BY STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL
CONTRACTS.
(a) In General.--
(1) Establishment of program.--The President shall
designate an officer or employee of the United States to
establish, and the designated official shall establish, a
program under which States and units of local government may
procure through contracts entered into by the designated
official anti-terrorism technologies or anti-terrorism services
for the purpose of preventing, detecting, identifying,
otherwise deterring, or recovering from acts of terrorism.
(2) Designated federal procurement official for program.--
In this section, the officer or employee designated by the
President under paragraph (1) shall be referred to as the
``designated Federal procurement official''.
(3) Authorities.--Under the program, the designated Federal
procurement official may, but shall not be required to, award
contracts using the same authorities as are provided to the
Administrator of General Services under section 309(b)(3) of
the Federal Property and Administrative Services Act (41 U.S.C.
259(b)(3)).
(4) Offers not required to state and local governments.--A
contractor that sells anti-terrorism technology or anti-
terrorism services to the Federal Government may not be
required to offer such technology or services to a State or
unit of local government under the program.
(b) Responsibilities of the Contracting Official.--In carrying out
the program established under this section, the designated Federal
procurement official shall--
(1) produce and maintain a catalog of anti-terrorism
technologies and anti-terrorism services suitable for
procurement by States and units of local government under this
program; and
(2) establish procedures in accordance with subsection (c)
to address the procurement of anti-terrorism technologies and
anti-terrorism services by States and units of local government under
contracts awarded by the designated official.
(c) Required Procedures.--The procedures required by subsection
(b)(2) shall implement the following requirements and authorities:
(1) Submissions by states.--
(A) Requests and payments.--Except as provided in
subparagraph (B), each State desiring to participate in
a procurement of anti-terrorism technologies or anti-
terrorism services through a contract entered into by
the designated Federal procurement official under this
section shall submit to that official in such form and
manner and at such times as such official prescribes,
the following:
(i) Request.--A request consisting of an
enumeration of the technologies or services,
respectively, that are desired by the State and
units of local government within the State.
(ii) Payment.--Advance payment for each
requested technology or service in an amount
determined by the designated official based on
estimated or actual costs of the technology or
service and administrative costs incurred by
such official.
(B) Other contracts.--The designated Federal
procurement official may award and designate contracts
under which States and units of local government may
procure anti-terrorism technologies and anti-terrorism
services directly from the contractors. No
indemnification may be provided under Public Law 85-804
pursuant to an exercise of authority under section 2
for procurements that are made directly between
contractors and States or units of local government.
(2) Permitted catalog technologies and services.--A State
may include in a request submitted under paragraph (1) only a
technology or service listed in the catalog produced under
subsection (b)(1).
(3) Coordination of local requests within state.--The
Governor of a State may establish such procedures as the
Governor considers appropriate for administering and
coordinating requests for anti-terrorism technologies or anti-
terrorism services from units of local government within the
State.
(4) Shipment and transportation costs.--A State requesting
anti-terrorism technologies or anti-terrorism services shall be
responsible for arranging and paying for any shipment or
transportation of the technologies or services, respectively,
to the State and localities within the State.
(d) Reimbursement of Actual Costs.--In the case of a procurement
made by or for a State or unit of local government under the procedures
established under this section, the designated Federal procurement
official shall require the State or unit of local government to
reimburse the Department for the actual costs it has incurred for such
procurement.
(e) Time for Implementation.--The catalog and procedures required
by subsection (b) of this section shall be completed as soon as
practicable and no later than 210 days after the enactment of this Act.
SEC. 4. CONGRESSIONAL NOTIFICATION.
(a) In General.--The President shall ensure that an appropriate
officer of the United States submits to the appropriate committees of
Congress a written notification of each contract for a procurement
described in this Act for which indemnification is provided under
Public Law 85-804 within 30 days after the contract is entered into.
(b) Congressional Committees.--In this section, the term
``appropriate committees of Congress'' means the following:
(1) The Committee on Appropriations, Committee of Armed
Services, and Committee on Governmental Affairs of the Senate.
(2) The Committee on Appropriations, Committee of Armed
Services, and Committee on Government Reform of the House of
Representatives.
SEC. 5. DEFINITIONS.
In this Act:
(1) Anti-terrorism technology and service.--The terms
``anti-terrorism technology'' and ``anti-terrorism service''
mean any product, equipment, or device, including information
technology, and any service, system integration, or other kind
of service (including a support service), respectively, that is
related to technology and is designed, developed, modified, or
procured for the purpose of preventing, detecting, identifying,
otherwise deterring, or recovering from acts of terrorism.
(2) Act of terrorism.--The term ``act of terrorism'' means
a calculated attack or threat of attack against any person,
property, or infrastructure to inculcate fear, or to intimidate
or coerce a government, the civilian population, or any segment
thereof, in the pursuit of political, religious, or ideological
objectives.
(3) Information technology.--The term ``information
technology'' has the meaning such term in section 11101(6) of
title 40, United States Code.
(4) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, and any territory or possession
of the United States.
(5) Unit of local government.--The term ``unit of local
government'' means any city, county, township, town, borough,
parish, village, or other general purpose political subdivision
of a State; an Indian tribe which performs law enforcement
functions as determined by the Secretary of the Interior; or
any agency of the District of Columbia Government or the United
States Government performing law enforcement functions in and
for the District of Columbia or the Trust Territory of the
Pacific Islands. | States that the discretionary authority of the President to provide indemnification for government contractors in the interest of national defense shall include the authority to indemnify a contractor or subcontractor in connection with the procurement of an anti-terrorism technology or service for preventing, detecting, identifying, deterring, or recovering from acts of terrorism. Authorizes the President, under such authority, to provide for: (1) indemnification for economic damages not fully covered by private liability insurance; and (2) the applicability of such authority to procurements by the U.S. Postal Service.Authorizes the President to indemnify State and local contractors in the procurement of an anti-terrorism technology or service, with limitations.Requires the President to designate an official to establish a program under which States and local governments may procure, through contracts entered into by such official, anti-terrorism technologies or services. Requires the designated official to produce and maintain a catalog of anti-terrorism technologies and services suitable for such procurement. Outlines required procedures for participating States and local governments.Directs the President to ensure that an appropriate officer of the United States notifies specified congressional committees of each procurement contract providing such indemnification. | A bill to provide risk sharing and indemnification for government contractors supplying anti-terrorism technology and services, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudan Divestment Authorization Act
of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On July 22, 2004, the Senate and the House of
Representatives passed concurrent resolutions declaring that
``the atrocities unfolding in Darfur, Sudan, are genocide''.
(2) On June 30, 2005, President Bush affirmed that ``the
violence in Darfur region is clearly genocide [and t]he human
cost is beyond calculation''.
(3) The Darfur Peace and Accountability Act of 2006, which
was signed into law on October 13, 2006, reaffirms that ``the
genocide unfolding in the Darfur region of Sudan is
characterized by acts of terrorism and atrocities directed
against civilians, including mass murder, rape, and sexual
violence committed by the Janjaweed and associated militias
with the complicity and support of the National Congress Party-
led faction of the Government of Sudan''.
(4) Several States and governmental entities, through
legislation and other means, have expressed their desire, or
are considering measures--
(A) to divest any equity in, or to refuse to
provide debt capital to, certain companies that operate
in Sudan; and
(B) to disassociate themselves and the
beneficiaries of their public pension and endowment
funds from directly or indirectly supporting the Darfur
genocide.
(5) Efforts of States and other governmental entities to
divest their pension funds and other investments of companies
that operate in Sudan build upon the legal and historical
legacy of the anti-apartheid movement in the United States, a
movement which contributed to the end of apartheid in South
Africa and the holding of free elections in that country in
1994.
(6) Although divestment measures should be employed
judiciously and sparingly, declarations of genocide by Congress
and the President justify such action.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) States and other governmental entities should be
permitted to provide for the divestment of certain State assets
within their jurisdictions as an expression of opposition to
the genocidal actions and policies of the Government of Sudan;
and
(2) a divestment measure authorized under section 5 does
not violate the United States Constitution because such a
measure--
(A) is not preempted under the Supremacy Clause;
(B) does not constitute an undue burden on foreign
or interstate commerce under the Commerce Clause; and
(C) does not intrude on, or interfere with, the
conduct of foreign affairs of the United States.
SEC. 4. DEFINITIONS.
In this Act:
(1) Assets.--The term ``assets'' means any public pension,
retirement, annuity, or endowment fund, or similar instrument,
managed by a State.
(2) Company.--The term ``company'' means any natural
person, legal person, sole proprietorship, organization,
association, corporation, partnership, firm, joint venture,
franchisor, franchisee, financial institution, utility, public
franchise, trust, enterprise, limited partnership, limited
liability partnership, limited liability company, or other
business entity or association, including all wholly-owned
subsidiaries, majority-owned subsidiaries, parent companies, or
affiliates of such business entities or associations.
(3) Company with a qualifying business relationship with
sudan.--The term ``company with a qualifying business
relationship with Sudan''--
(A) means any company--
(i) that is wholly or partially managed or
controlled, either directly or indirectly, by
the Government of Sudan or any of its agencies,
including political units and subdivisions;
(ii) that is established or organized under
the laws of the Government of Sudan;
(iii) whose domicile or principal place of
business is in Sudan;
(iv) that is engaged in business operations
that provide revenue to the Government of
Sudan;
(v) that owns, maintains, sells, leases, or
controls property, assets, equipment,
facilities, personnel, or any other apparatus
of business or commerce in Sudan, including
ownership or possession of real or personal
property located in Sudan;
(vi) that transacts commercial business,
including the provision or obtaining of goods
or services, in Sudan;
(vii) that has distribution agreements
with, issues credits or loans to, or purchases
bonds of commercial paper issued by--
(I) the Government of Sudan; or
(II) any company whose domicile or
principal place of business is in
Sudan;
(viii) that invests in--
(I) the Government of Sudan; or
(II) any company whose domicile or
principal place of business is in
Sudan; or
(ix) that is fined, penalized, or
sanctioned by the Office of Foreign Assets
Control of the Department of the Treasury for
violating any Federal rule or restriction
relating to Sudan after the date of the
enactment of this Act; and
(B) does not include--
(i) nongovernmental organizations (except
agencies of Sudan), which--
(I) have consultative status with
the United Nations Economic and Social
Council; or
(II) have been accredited by a
department or specialized agency of the
United Nations;
(ii) companies that operate in Sudan under
a permit or other authority of the United
States;
(iii) companies whose business activities
in Sudan are strictly limited to the provision
of goods and services that are--
(I) intended to relieve human
suffering;
(II) intended to promote welfare,
health, religious, or spiritual
activities;
(III) used for educational
purposes;
(IV) used for humanitarian
purposes; or
(V) used for journalistic
activities.
(4) Government of sudan.--The term ``Government of
Sudan''--
(A) means--
(i) the government in Khartoum, Sudan,
which is led by the National Congress Party
(formerly known as the National Islamic Front);
or
(ii) any successor government formed on or
after the date of the enactment of this Act,
including the Government of National Unity,
established in 2005 as a result of the
Comprehensive Peace Agreement for Sudan; and
(B) does not include the regional Government of
Southern Sudan.
(5) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any department, agency, public university or college,
county, city, village, or township of such governmental entity.
SEC. 5. AUTHORIZATION FOR CERTAIN STATE AND LOCAL DIVESTMENT MEASURES.
(a) In General.--Notwithstanding any other provision of law, any
State may adopt measures to prohibit any investment of State assets in
the Government of Sudan or in any company with a qualifying business
relationship with Sudan, during any period in which the Government of
Sudan, or the officials of such government are subject to sanctions
authorized under--
(1) the Sudan Peace Act (Public Law 107-245);
(2) the Comprehensive Peace in Sudan Act of 2004 (Public
Law 108-497);
(3) the USA PATRIOT Improvement and Reauthorization Act of
2005 (Public Law 109-177);
(4) the Darfur Peace and Accountability Act of 2006 (Public
Law 109-344); or
(5) any other Federal law or executive order.
(b) Applicability.--Subsection (a) shall apply to measures adopted
by a State before, on, or after the date of the enactment of this Act. | Sudan Divestment Authorization Act of 2007 - Declares the sense of Congress that states and other governmental entities should be permitted to provide for the divestment of certain state assets within their jurisdictions as an expression of opposition to the genocidal actions and policies of the Government of Sudan.
Authorizes any state to adopt measures to prohibit any investment of state assets in the Government of Sudan, or in any company with a qualifying business relationship with Sudan, during any period in which the Government of Sudan, or the officials of such government are subject to sanctions authorized under the Sudan Peace Act, the Comprehensive Peace in Sudan Act of 2004, the USA PATRIOT Improvement and Reauthorization Act of 2005, the Darfur Peace and Accountability Act of 2006, or any other federal law or executive order.
Defines state assets as any public pension, retirement, annuity, or endowment fund, or similar instrument managed by a state.
Applies this Act to measures adopted by a state before, on, or after the enactment of this Act. | A bill to authorize States and local governments to prohibit the investment of State assets in any company that has a qualifying business relationship with Sudan. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TRICARE Protection Act''.
SEC. 2. FUTURE AVAILABILITY OF TRICARE PRIME THROUGHOUT THE UNITED
STATES.
(a) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth the policy
of the Department of Defense on the future availability of
TRICARE Prime under the TRICARE program for eligible
beneficiaries in all TRICARE regions throughout the United
States.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description, by region, of the difference in
availability of TRICARE Prime for eligible
beneficiaries (other than eligible beneficiaries on
active duty in the Armed Forces) under newly awarded
TRICARE managed care contracts, including, in
particular, an identification of the regions or areas
in which TRICARE Prime will no longer be available for
such beneficiaries under such contracts.
(B) In accordance with paragraph (3), a plan to
ensure that an affected eligible beneficiary identified
under subsection (b) retains access to a primary care
provider that meets the TRICARE access standards.
(C) An estimate of the increased costs to be
incurred by an affected eligible beneficiary for health
care under the TRICARE program.
(D) An estimate of the savings to be achieved by
the Department as a result of the contracts described
in subparagraph (A).
(E) A description of the plans of the Department to
continue to assess the impact on access to health care
for affected eligible beneficiaries, including the plan
to carry out subsection (b).
(3) Development of plan.--In developing the plan described
in paragraph (2)(B), the Secretary shall include the following
actions under such plan:
(A) The establishment of a navigator service to
assist an affected eligible beneficiary identified
under subsection (b) in locating a primary care
provider.
(B) Allowing an affected eligible beneficiary to
enroll in TRICARE Prime Remote if the Secretary
determines that the beneficiary would not otherwise
have access to a primary care provider that meets the
TRICARE access standards, regardless of whether such
eligible beneficiary would otherwise be eligible for
such program.
(C) Any other action the Secretary considers
appropriate.
(b) Identification of Beneficiaries Without Access to a Primary
Care Provider.--The Secretary shall identify the affected eligible
beneficiaries whom the Secretary determines, because of the contracts
described in subsection (a)(2)(A), will not retain access to a primary
care provider that meets the TRICARE access standards.
(c) Implementation of Plan.--
(1) Initial implementation.--Beginning on the date that is
60 days after the date on which the Secretary submits the
report under paragraph (1) of subsection (a), the Secretary
shall implement the plan described in paragraph (2)(B) of such
subsection.
(2) Duration.--The Secretary shall carry out the
implementation of the plan under paragraph (1) until the
earlier of the following dates:
(A) Any date after the date that is one year after
the date on which the Secretary begins to carry out
such implementation if the Secretary determines that
each affected eligible beneficiary identified under
subsection (b) will have access to a primary care
provider under a contract described in subsection
(a)(2)(A) that meets the TRICARE access standards.
(B) The date that is two years after the date on
which the Secretary begins to carry out such
implementation.
(d) Monitoring of Access.--Section 711 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
190; 10 U.S.C. 1073 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the
following new subparagraph:
``(D) The access available for affected eligible
beneficiaries to a primary care provider that meets the
TRICARE access standards.''; and
(B) in paragraph (3), by adding at the end the
following new subparagraph:
``(D) In the case of the surveys required by
subparagraph (D) of that paragraph, in each region or
area in which TRICARE Prime will no longer be available
for eligible beneficiaries under newly awarded TRICARE
managed care contracts in each of fiscal years 2013
through 2015.'';
(2) in paragraph (2) of subsection (b), by adding at the
end the following new subparagraph:
``(I) An assessment of the access available for
affected eligible beneficiaries to a primary care
provider that meets the TRICARE access standards.'';
and
(3) in subsection (e), by adding at the end the following
new paragraphs:
``(8) The term `affected eligible beneficiary' means an
eligible beneficiary under the TRICARE Program (other than
eligible beneficiaries on active duty in the Armed Forces) who,
as of the date of the enactment of this paragraph--
``(A) is enrolled in TRICARE Prime; and
``(B) resides in a region of the United States in
which TRICARE Prime enrollment will no longer be
available for such beneficiary under a contract
described in subsection (a)(3)(D) that does not allow
for such enrollment because of the location in which
such beneficiary resides.
``(9) The term `TRICARE access standards' means the
standards developed under the TRICARE Program to ensure that
beneficiaries do not experience excessive wait times or travel
times to access health care.''.
(e) Definitions.--In this section:
(1) The term ``affected eligible beneficiary'' means an
eligible beneficiary under the TRICARE Program (other than
eligible beneficiaries on active duty in the Armed Forces) who,
as of the date of the enactment of this Act--
(A) is enrolled in TRICARE Prime; and
(B) resides in a region of the United States in
which TRICARE Prime enrollment will no longer be
available for such beneficiary under a contract
described in subsection (a)(2)(A) that does not allow
for such enrollment because of the location in which
such beneficiary resides.
(2) The term ``TRICARE access standards'' means the
standards developed under the TRICARE Program to ensure that
beneficiaries do not experience excessive wait times or travel
times to access health care.
(3) The term ``TRICARE Prime'' means the managed care
option of the TRICARE program. | TRICARE Protection Act - Directs the Secretary of Defense to report to the congressional defense committees setting forth Department of Defense (DOD) policy on the future availability of TRICARE Prime (a DOD managed health care program) for eligible beneficiaries in all TRICARE regions.
Directs the Secretary to: (1) identify beneficiaries whom the Secretary determines will not retain primary care provider access under newly awarded TRICARE contracts, and (2) implement a plan to ensure that such beneficiaries will retain access that meets TRICARE access standards. | To direct the Secretary of Defense to submit a report to Congress on the future availability of TRICARE Prime throughout the United States and to ensure that certain TRICARE beneficiaries retain access to a primary care provider, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cache La Poudre River Basin Heritage
Study Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the Cache La Poudre River basin contains significant
historical, recreational, scenic, cultural, natural, economic,
and scientific resources; and
(2) sites and structures within the Cache La Poudre River
Basin represent--
(A) the development and management of water
resources critical to the westward expansion of the
Nation; and
(B) the sociocultural evolution of a working river,
from aboriginal tribes through early exploration,
nineteenth century settlement, development of a water
dependent agricultural economy, through the ongoing
transition to present day urban development.
(b) The purposes of this Act are--
(1) to identify and assess the management alternatives
encompassing the resources and themes of western water
development in the United States; and
(2) to evaluate strategies for multiobjective uses and
protection of the Cache La Poudre floodplain through
development of a River Greenway Plan.
SEC. 3. CACHE LA POUDRE RIVER BASIN HERITAGE STUDY.
(a) In General.--The Secretary of the Interior (hereinafter
referred to as the ``Secretary'') shall prepare a study of alternatives
for the Cache La Poudre River Basin in the State of Colorado. The study
shall include, but not be limited to--
(1) an inventory and assessment of significant cultural,
natural, recreational, and scenic resources throughout the
Cache La Poudre River Basin, using existing information where
available;
(2) an evaluation of properties to determine potential
eligibility for inclusion on the National Register of Historic
Places;
(3) the suitability and feasibility of designating the
Cache La Poudre River Basin as a National Heritage Area;
(4) the identification of themes, resources, and events
which illustrate how settlement of the West was dependent upon
and dictated by the development and management of water;
(5) the development of a Greenway Plan for the floodplain
of the Cache La Poudre River that addresses--
(A) appropriate and compatible recreational
opportunities;
(B) protection of fish and wildlife habitat;
(C) maintenance or improvement of water quality;
(D) protection of wetlands;
(E) maintenance of natural hydrological processes;
(F) maintenance of riparian vegetation; and
(G) flood protection through resource protection
and development;
(6) an evaluation of the demonstration project undertaken
by the Secretary pursuant to subsection (d), including
recommendations for the disposition of any lands acquired
pursuant to such project;
(7) the identification of interpretive opportunities and
methods;
(8) the identification of preservation strategies for
resources located with the Cache La Poudre River Basin; and
(9) management alternatives and funding options for the
implementation of such preservation strategies.
(b) Consultation.--The study referred to in subsection (a) shall be
prepared in consultation with the Cache La Poudre River Basin Heritage
Advisory Commission established pursuant to section 4, affected units
of local governments, and other interested public and private entities.
(c) Report to Congress.--The study shall be completed no later than
two years after the date funds are made available for the purposes of
this section. Upon completion, the Secretary shall transmit such report
to the Committee on Energy and Natural Resources of the United States
Senate and the Committee on Interior and Insular Affairs of the United
States House of Representatives.
(d) Demonstration Project.--(1) In furtherance of the purposes of
this Act, the Secretary, in consultation with the Cache La Poudre River
Heritage Commission established by section 4, is authorized to
undertake a demonstration project to evaluate the potential of using
voluntary land exchanges within the Cache La Poudre River floodplain
(hereinafter referred to as the ``floodplain'') as a means to provide
for the long-term preservation and management of the lands within the
floodplain.
(2) During the period of the study, the Secretary or the head of a
Federal agency is authorized to acquire lands within the floodplain in
Larimer and Weld Counties in the State of Colorado only through
voluntary land exchanges: Provided, That such land exchanges shall be
on an equal value basis, and shall be conducted in accordance with
applicable law.
(3) Lands acquired pursuant to this subsection shall be managed in
a manner that does not preclude the implementation of any management
alternative identified in the study of alternatives or the Greenway
Plan referred to in subsection (a).
(4) Where appropriate, the Secretary shall seek to enter into
memoranda of agreement with other Federal agencies to manage land
administered by such agencies within the floodplain, consistent with
the purposes of this Act.
SEC. 4. CACHE LA POUDRE RIVER BASIN HERITAGE ADVISORY COMMISSION.
(a) Establishment.--There is established the Cache La Poudre River
Basin Heritage Advisory Commission (hereinafter referred to as the
``Commission''), to advise the Secretary on the preparation of the
study referred to in section 3(a).
(b) Membership.--The Commission shall be composed of 15 members
appointed by the Secretary as follows--
(1) the Director of the National Park Service, or the
Director's designee, ex officio;
(2) the Secretary of Agriculture, acting through the Chief
of the Forest Service, or the Chief's designee, ex officio;
(3) nine members from recommendations submitted by the
Governor of the State of Colorado, including one member each to
represent--
(A) the State;
(B) Colorado State University;
(C) the Northern Colorado Water Conservancy
District;
(D) the city of Fort Collins;
(E) Larimer County;
(F) the city of Greeley; and
(G) Weld County;
and two members to represent the general public, who reside in
the study area.
(c) Chairperson.--The members of the Commission shall elect a
chairperson from among its members.
(d) Vacancies.--Vacancies on the Commission shall be filled in the
same manner in which the original appointment was made.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Compensation.--Members of the Commission shall receive no
compensation on account of their service on the Commission. While away
from their homes or regular places of business in the performance of
services for the Commission, members shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner as
persons employed intermittently in the Government service are allowed
expenses under section 5703 of title 5, United States Code.
(g) Waiver.--The provisions of section 14(b) of the Act of October
6, 1972 (86 Stat. 776), are hereby waived with respect to this
Commission.
(h) Annual Reports.--The Commission shall publish and submit to the
Secretary and the Governor of the State of Colorado an annual report
concerning the Commission's activities.
(i) Termination.--The Commission shall terminate upon the
completion of the study referred to in section 3.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Cache La Poudre River Basin Heritage Study Act - Directs the Secretary of the Interior to prepare a study of alternatives for the Cache La Poudre River Basin in Colorado, including: (1) an inventory and assessment of significant cultural, natural, recreational, and scenic resources throughout the Basin; (2) an evaluation of properties to determine potential eligibility for inclusion on the National Register of Historic Places; (3) the suitability and feasibility of designating the Basin as a National Heritage Area; and (4) the identification of preservation strategies for resources located within the Basin, and management alternatives and funding options for the implementation of such strategies.
Authorizes the Secretary to undertake a demonstration project to evaluate the potential of using voluntary land exchanges within the Cache La Poudre River flood plain as a means to provide for the long-term preservation and management of the lands within the floodplain.
Establishes the Cock La Poudre River Basin Heritage Advisory Commission to advise the Secretary on the preparation of the study.
Authorizes appropriations. | Cache La Poudre River Basin Heritage Study Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Burial Benefits Improvement
Act of 2012''.
SEC. 2. INCREASE IN BURIAL BENEFITS FOR VETERANS.
(a) Burial and Funeral Expenses.--(1) Section 2302(a) of title 38,
United States Code, is amended by striking ``$300'' and inserting
``$3,000 (as increased from time to time under section 5312(a) of this
title)''.
(2) Section 2303(a)(1)(A) of such title is amended by striking
``$700'' and inserting ``$3,000''.
(3) Section 2307 of such title is amended by striking ``$2,000,''
and inserting ``$4,000 (as increased from time to time under section
5312(a) of this title),''.
(b) Plot Allowance.--Section 2303(b) of such title is amended--
(1) in paragraph (1), by striking ``$700'' and inserting
``$800''; and
(2) in paragraph (2), by striking ``$700'' the second place
it appears and inserting ``$800''.
(c) Annual Adjustment.--Section 5312(a) of such title is amended by
striking ``and each rate of monthly allowance paid under section 1805
of this title,'' and inserting ``each rate of monthly allowance paid
under section 1805 of this title, each rate of burial and funeral
expenses provided for under sections 2302(a) and 2307 of this title,
and each rate of plot allowance provided for under section 2303(b) of
this title,''.
(d) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall apply to deaths occurring on or
after the date of the enactment of this Act.
(2) No adjustments shall be made under section 5312(a) of title 38,
United States Code, as amended by subsection (c), for fiscal year 2012
for rates of burial and funeral expenses provided for under sections
2302(a) and 2307 of title 38, United States Code.
SEC. 3. RESTORATION OF VETERAN PLOT ALLOWANCE ELIGIBILITY AND HEADSTONE
OR MARKER ALLOWANCE.
(a) Restoration of Plot Allowance Eligibility for Veterans of Any
War.--Section 2303(b) of title 38, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``subsection (a) of this section'' and all that follows through
``and who'' and inserting the following: ``subsection (a), in
the case of a veteran who is eligible for a burial allowance
under such subsection or under section 2302 of this title, who
was discharged from the active military, naval, or air service
for a disability incurred or aggravated in the line of duty, or
who is a veteran of any war and''; and
(2) in paragraph (2)--
(A) by striking ``is eligible for a burial
allowance under section 2302 of this title or under
subsection (a) of this section, or was discharged from
the active military, naval, or air service for a
disability incurred or aggravated in line of duty, and
such veteran''; and
(B) by striking ``clause (1) of this subsection''
and inserting ``paragraph (1)''.
(b) Restoration of Headstone or Marker Allowance.--
(1) Allowance.--Section 2306 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(h) In lieu of furnishing a headstone or marker under subsection
(a)(2) or (b), the Secretary, in the Secretary's discretion, having due
regard for the circumstances in each case, may reimburse the person
entitled to request such headstone or marker for the cost of acquiring
a non-Government headstone or marker for placement in any cemetery
other than a national cemetery in connection with the burial or
memorialization of the deceased individual.''.
(2) Conforming amendment.--Subsection (g) of such section
is amended by adding at the end the following new paragraph:
``(4) Reimbursement may not be provided under subsection (h) for
the cost of acquiring a non-Government headstone or marker in
connection with the burial or memorialization of a person described in
section 2411(b) of this title.''.
(3) Clerical amendment.--Subsection (a) of such section is
amended by moving the margin of each of paragraphs (1) through
(5) by two ems to the right.
(4) Effective date.--The amendments made by this subsection
shall apply with respect to deaths occurring on or after the
date of the enactment of this Act.
SEC. 4. EXPANSION OF BURIAL BENEFITS FOR VETERANS.
(a) Homeless Veterans.--
(1) In general.--Chapter 23 of such title is amended by
inserting after section 2302 the following new section:
``Sec. 2302A. Funeral expenses for homeless veterans not serving during
wartime
``(a) Payment of Funeral Expenses.--The Secretary, in the
Secretary's discretion, having due regard to the circumstances in each
case, may pay a sum not exceeding the amount authorized under section
2302(a) of this title to such person as the Secretary prescribes to
cover the burial and funeral expenses of a deceased veteran described
in subsection (b) and the expense of preparing the body and
transporting it to the place of burial.
``(b) Homeless Veteran.--A deceased veteran described in this
subsection is an individual--
``(1) whom the Secretary determines--
``(A) is a homeless veteran (as defined in section
2002(1) of this title);
``(B) has no next of kin or other person claiming
the body of the deceased veteran; and
``(C) does not have available sufficient resources
to cover burial and funeral expenses;
``(2) whose service in the Armed Forces was not during
wartime; and
``(3) who was either--
``(A) discharged from the active military, naval,
or air service under honorable conditions; or
``(B) died during a period deemed to be active
military, naval, or air service under section 106(c) of
this title.
``(c) Deductions.--(1) Except as provided in this subsection, no
deduction shall be made from the burial allowance because of the
veteran's net assets at the time of the death of such veteran, or
because of any contribution from any source toward the burial and
funeral expenses (including transportation) unless the amount of
expenses incurred is covered by the amount actually paid therefore by
the United States, a State, any agency or political subdivision of the
United States or of a State, or the employer of the deceased veteran.
``(2) No claim shall be allowed--
``(A) for more than the difference between the entire
amount of the expenses incurred and an amount paid by the
United States, a State, any agency or political subdivision of
the United States or of a State, or the employer of the
deceased veteran, as described in paragraph (1);
``(B) when the burial allowance would revert to the funds
of a public or private organization or would discharge such an
organization's obligation without payment; or
``(C) in any case where payment of expenses of funeral,
transportation, and interment for the veteran is made under any
other Act.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2302 the following new item:
``2302A. Funeral expenses for homeless veterans not serving during
wartime.''.
(b) Effective Date.--The amendment made by subsection (a)(1) shall
apply to deaths occurring on or after the date of the enactment of this
Act. | Veterans Burial Benefits Improvement Act of 2012 - Increases the authorized allowance for burial and funeral expenses for deceased veterans who: (1) at the time of death were in receipt of veterans' disability compensation or veterans' pension benefits, or (2) were veterans of any war or were discharged or released from active military service for a service-connected disability and have no next of kin or sufficient resources to cover funeral and burial costs. Increases the burial and funeral allowances for veterans who: (1) at the time of death, were receiving hospital or nursing home care in or through the Department of Veterans Affairs (VA); or (2) die as a result of a service-connected disability. Authorizes the annual adjustment of such allowances by the same percentage increase as adjustments to benefit amounts payable under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act.
Authorizes a burial plot allowance, as well as reimbursement for a burial headstone or marker, for a veteran of any war.
Authorizes the VA to cover the burial and funeral expenses of a deceased veteran: (1) who is homeless, has no next of kin or other person claiming the body, and does not have sufficient resources to cover such expenses; (2) whose service in the Armed Forces was not during wartime; and (3) who was either discharged under honorable conditions or died during a period deemed to be active service. Prohibits any deduction from the burial allowance because of a veteran's assets or because of any contribution toward the burial and funeral expenses, unless the expenses incurred are covered by the United States, a state, an agency or political subdivision of the United States or a state, or the veteran's employer. | To amend title 38, United States Code, to increase burial benefits for veterans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Manufacturers' Renewal and
Training Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a productive manufacturing sector is essential to a
competitive national economy;
(2) small businesses are responsible for most new job
creation in the United States;
(3) small manufacturers play a critical role in maintaining
the vitality of the manufacturing sector;
(4) small manufacturers often do not use the most modern
production technology;
(5) the barriers to the adoption of modern technology by
small manufacturers include--
(A) the lack of readily available sources of
information about such technology;
(B) the perception that such technology is too
costly; and
(C) the difficulty in attracting talented engineers
to work for small manufacturers; and
(6) the education of engineering students often does not
expose such students to current industrial practices,
especially those of small manufacturers.
SEC. 3. PURPOSE.
It is the purpose of this Act to give undergraduate students of
engineering the opportunity to work with small manufacturing companies
in order to--
(1) bring knowledge of modern engineering practices to
small manufacturers, increase the recognition by small
manufacturers of the importance of these practices, and promote
the adoption of modern engineering practices by small
manufacturers;
(2) expose engineering students to the special environment
and needs of small manufacturers, and increase the number of
engineers who choose to work for small manufacturers;
(3) encourage engineering colleges to devote greater
attention to the needs of small manufacturers; and
(4) promote the development and expansion of a community of
technological entrepreneurs in the small manufacturing sector.
SEC. 4. DEFINITIONS.
For the purposes of this Act--
(1) the term ``cooperative education program'' means a
program of cooperative education as such term is defined in
section 801(b) of the Higher Education Act of 1965 that is
accredited by a nationally recognized accrediting agency or
association;
(2) the term ``Director'' means the Director of the
National Institute of Standards and Technology;
(3) the term ``engineering student'' means a student
enrolled in a program (that is accredited by a nationally
recognized accrediting agency or association) at a college or
university leading to a bachelor of science degree in
engineering, mathematics or science, or an equivalent degree;
(4) the term ``host company'' means a small manufacturer
that hosts an intern under this Act;
(5) the term ``Secretary'' means the Secretary of Commerce;
(6) the term ``small manufacturer'' means a company
employing 500 or fewer employees engaged in manufacturing,
mining, construction, transportation, communication, or public
utilities as defined in the Standard Industrial Classification
Manual of 1987;
(7) the term ``underrepresented group'' means a group of
individuals who have been historically underrepresented in the
engineering professions, including women, blacks, hispanics,
and native Americans; and
(8) the term ``United States'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of Northern Mariana Islands, the Republic of the
Marshal Islands, the Federated State of Micronesia, and the
Republic of Palau.
SEC. 5. ESTABLISHMENT OF THE SMART PROGRAM.
(a) SMART Program Established.--
(1) In general.--The Director shall carry out a program of
awarding grants to manufacturing outreach centers to enable
such centers to carry out internship activities in accordance
with this Act. Such program shall be known as the ``Small
Manufacturers Renewal and Training Program'' (hereafter in this
Act referred to as the ``SMART Program'').
(2) Eligible entities.--For the purpose of this Act the
term ``manufacturing outreach center'' means an organization
engaged in technology or manufacturing extension activities,
including a Federal, State, or local government agency or
laboratory, a small business development center, an office
within a college or university, a professional society, a
worker organization, an industrial organization, or a for-
profit or nonprofit organization.
(b) Grant Duration and Renewal.--
(1) Grant duration.--Grants under this Act shall be awarded
on a multiyear basis for not more than 3 years.
(2) Renewal.--Grants under this Act may be renewed on a
multiyear basis for not more than 5 years per renewal.
(c) Priority.--In awarding grants under this Act the Director shall
give a priority to a grant proposal describing internships that place
engineering students with small manufacturers that employ 100 or fewer
individuals.
(d) Funding Limitations.--
(1) Outreach.--Not more than 35 percent of the grant funds
awarded to a manufacturing outreach center in the first 3 years
that such center receives assistance under this Act shall be
expended for outreach activities to solicit the participation
of small manufacturers in the SMART Program. In subsequent
years such percentage may be altered for grants that are
renewed, subject to approval by the Secretary.
(2) Minimum.--The Director shall award grants under this
Act so that a manufacturing outreach center or centers in each
State receives a grant equal to 1 percent of the amount
appropriated pursuant to section 11 or $200,000, whichever is
less.
SEC. 6. FEDERAL ROLE.
(a) Role of the Director.--
(1) In general.--In carrying out the SMART Program the
Director shall--
(A) solicit and evaluate grant proposals from
manufacturing outreach centers;
(B) collect information regarding the performance
of the SMART Program, including an annual report from
each manufacturing outreach center in accordance with
section 7(a)(5); and
(C) coordinate the activities of the SMART Program
with other programs of the Federal Government for
manufacturing and technology extension, as appropriate.
(2) Administrative provisions.--The Director--
(A) is authorized to hire such staff as the
Director determines necessary to administer the SMART
Program; and
(B) shall use not more than $500,000 or 5 percent
of the funds appropriated pursuant to the authority of
section 11, whichever is less, for the administrative
expenses associated with the SMART Program.
(b) Role of Secretary.--
(1) Establishment of grant proposal criteria;
preferences.--The Secretary shall establish criteria for
evaluating proposals for grants under this Act, which criteria
shall include a preference for proposals that describe programs
which--
(A) bring together organizations with demonstrated
commitments to--
(i) outreach to small manufacturers; and
(ii) cooperative education;
(B) serve regions with low economic growth and
regions where the manufacturing sector is weak; and
(C) in the case of renewal grants, have
demonstrated success in placing interns with small
manufacturers, particularly small manufacturers that
employ 100 or fewer employees.
(2) Evaluation.--The Secretary shall provide a report to
Congress evaluating the SMART Program 3 years after the date of
enactment of this Act and at 5-year intervals thereafter.
SEC. 7. ROLE OF MANUFACTURING OUTREACH CENTERS.
(a) In General.--Each manufacturing outreach center receiving a
grant under this Act shall use such grant funds--
(1) to support outreach activities that solicit the
participation of small manufacturers in the SMART Program and
determine the eligibility of small manufacturers to serve as
host companies;
(2) to solicit and select engineering students to
participate in the SMART Program on the basis of the ability
and interest of each student in working with a small
manufacturer;
(3) to assist in placing selected engineering students with
host companies as interns;
(4) to carry out an internship program that--
(A) sponsors engineering students for employment as
interns with host companies;
(B) provides funding to host companies--
(i) that is used to supplement the wage of
an intern by paying the Federal share of such
intern's wages, which Federal share shall not
exceed the amount paid to an employee earning
the Federal minimum wage for a period of not
less than 3 months and not more than 6 months;
(ii) the total amount of which does not
exceed the amount paid to an employee earning
the Federal minimum wage during the 24-month
period preceding the receipt of such grant; and
(iii) that is used to supplement the wage
of an intern, in accordance with this
subparagraph, who has completed 3 years of
study in the standard curriculum for a bachelor
of science degree in engineering, mathematics
or science, or an equivalent degree;
(5) to collect information from interns, from host
companies, and from other sources, and use such information to
provide annual reports to the Director in accordance with
section 6(a)(1)(B); and
(6) to provide such training and information to interns
regarding modern manufacturing technologies as the Director
determines appropriate.
(b) Placement Priority.--Each manufacturing outreach center
receiving a grant under this Act shall give a preference to placing
interns with host companies that employ 100 or fewer employees.
(c) Proposals Required.--Each manufacturing outreach center
desiring a grant under this Act shall submit a proposal to the
Secretary at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require. Each such
proposal shall describe the activities and services for which
assistance is sought.
(d) Cooperative Education Program Arrangements.--A manufacturing
outreach center may make arrangements with cooperative education
programs to provide an engineering student with cooperative education
work experience pursuant to this Act under which the engineering
student--
(1) performs the outreach activities described in
subsection (a)(1);
(2) participates in an internship program in accordance
with subsection (a)(4); and
(3) may perform technology extension services for the
manufacturing outreach center.
SEC. 8. ROLE OF HOST COMPANIES.
A host company--
(1) shall only be eligible to host interns in manufacturing
operations in the United States;
(2) shall provide such employment-related benefits to
interns under this Act as are provided to full-time employees
of the host company, except that health insurance may be
provided by the college or university in which the intern is
enrolled;
(3) shall use the funds provided by a manufacturing
outreach center under this Act only to pay the wages of
interns, and may supplement those wages;
(4) shall be eligible to receive funds from a manufacturing
outreach center only if such host company has not participated
in a cooperative education program;
(5) shall provide to the manufacturing outreach center
information on wages and benefits provided to interns,
including the expenditure of any funds provided by such center;
and
(6) shall designate a supervisor for each intern, who
shall--
(A) oversee the employment of that intern;
(B) provide to such center a brief evaluation of
the performance of that intern; and
(C) provide to such center a brief evaluation of
the value of the host company's participation in the
SMART Program.
SEC. 9. ROLE OF INTERNS.
Each intern shall--
(1) work as an employee for the host company; and
(2) provide a brief evaluation of the internship to the
manufacturing outreach center.
SEC. 10. UNDERREPRESENTED GROUPS.
The Director shall make every effort to solicit for participation
in the SMART Program qualified engineering students from
underrepresented groups by--
(1) soliciting the participation of traditionally minority
and women's engineering colleges and universities; and
(2) encouraging all manufacturing outreach centers to
solicit the participation of qualified engineering, mathematics
or science students from underrepresented groups.
SEC. 11. AUTHORIZATION.
There are authorized to be appropriated $10,000,000 for fiscal year
1994, and $25,000,000 for each of the fiscal years 1995, 1996, 1997,
and 1998, to carry out this Act. | Small Manufacturers' Renewal and Training Act of 1993 - Requires the Director of the National Institute of Standards and Technology to carry out the Small Manufacturers Renewal and Training Program for awarding grants to manufacturing outreach centers to give undergraduate engineering students the opportunity to work as interns with small manufacturing companies.
Sets forth provisions regarding: (1) eligible entities; (2) grant duration and renewal; (3) grant priorities; and (4) funding limitations.
Requires the: (1) Director to solicit and evaluate grant proposals from such centers, collect information regarding program performance, and coordinate Program activities with other Federal programs for manufacturing and technology extension; and (2) Secretary of Commerce to establish criteria for evaluating grant proposals.
Sets forth provisions regarding the respective roles of manufacturing outreach centers, host companies, and interns in the Program.
Requires the Director to solicit qualified engineering students from underrepresented groups for participation in the Program.
Authorizes appropriations. | Small Manufacturers' Renewal and Training Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Recovery and Enhancement
Act of 2011'' or the ``CRE Act of 2011''.
SEC. 2. DEDUCTION FOR CERTAIN PAYMENTS MADE REDUCE DEBT ON COMMERCIAL
REAL PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals and corporations) is amended by adding at
the end the following new section:
``SEC. 199A. DEDUCTION FOR PAYMENTS MADE TO REDUCE DEBT ON COMMERCIAL
REAL PROPERTY.
``(a) In General.--There shall be allowed as a deduction an amount
equal to 50 percent of any qualified debt reduction payment made during
the taxable year by the taxpayer with respect to qualified indebtedness
on eligible commercial real property held by the taxpayer.
``(b) Maximum Deduction.--The deduction allowed by subsection (a)
for any taxable year shall not exceed, with respect to each eligible
commercial real property, whichever of the following amounts is the
least:
``(1) The amount equal to 50 percent of the excess (if any)
of--
``(A) the amount of the qualified indebtedness
secured by such property as of the beginning of such
taxable year (reduced by amounts required to be paid
under the terms of the loan during such taxable year),
over
``(B) 50 percent of the fair market value of such
property as of the close of the taxable year.
``(2) $10,000,000.
``(3) The adjusted basis of such property as of the close
of such taxable year (determined without regard to qualified
debt reduction payments made during the taxable year and
depreciation for such year).
``(c) Eligible Commercial Real Property.--For purposes of this
section, the term `eligible commercial real property' means any
commercial real property if--
``(1) as of the beginning of the taxable year, the amount
of the qualified indebtedness secured by such property is at
least equal to 85 percent of the fair market value of the
property, or
``(2) such property is, or is reasonably expected to be,
treated as being in an in-substance foreclosure by the
Comptroller of the Currency.
``(d) Qualified Debt Reduction Payment.--For purposes of this
section, the term `qualified debt reduction payment' means the amount
of cash paid by the taxpayer during the taxable year to reduce the
principal amount of qualified indebtedness of the taxpayer but only to
the extent such amount exceeds the amounts required to be paid under
the terms of the loan during such taxable year.
``(e) Property Held by a Partnership.--
``(1) In general.--In the case of property held by a
partnership, a qualified debt reduction payment by the
partnership may be taken into account under this section only
if--
``(A) such payment is attributable to a qualified
equity investment made by a partner in such
partnership, and
``(B) any deduction under this section which is
attributable to such investment is properly allocated
to such partner under section 704(b).
``(2) Qualified equity investment.--For purposes of this
section--
``(A) In general.--The term `qualified equity
investment' means any equity investment (as defined in
section 45D(b)(6)) in a partnership if--
``(i) such investment is acquired by the
partner at its original issue (directly or
through an underwriter) solely in exchange for
cash,
``(ii) at least 80 percent of such cash is
used by the partnership to reduce the principal
amount of qualified indebtedness of the
partnership,
``(iii) the portion of such cash not so
used is used by the partnership for
improvements to commercial real property held
by the partnership, and
``(iv) the person or persons otherwise
entitled to depreciation with respect to the
portion of the basis of the property being
reduced under subsection (g)(1) consent to such
reduction.
``(B) Redemptions.--A rule similar to the rule of
section 1202(c)(3) shall apply for purposes of this
paragraph.
``(f) Other Definitions.--For purposes of this section--
``(1) Qualified indebtedness.--The term `qualified
indebtedness' means any indebtedness--
``(A) which is incurred or assumed by the taxpayer
on or before January 1, 2009, and
``(B) which is secured by commercial real property
held by the taxpayer at the time the qualified debt
reduction equity payment is made by the taxpayer.
``(2) Commercial real property.--The term `commercial real
property' means section 1250 property (as defined in section
1250(c)); except that such term shall not include residential
rental property (as defined in section 168(e)(2)) unless the
building contains at least 3 dwelling units.
``(g) Application of Section 1250.--For purposes of determining the
depreciation adjustments under section 1250 with respect to any
property--
``(1) the deduction allowed by this section shall be
treated as a deduction for depreciation, and
``(2) the depreciation adjustments in respect of such
property shall include all deductions allowed by this section
to all taxpayers by reason of reducing the debt secured by such
property.
``(h) Special Rules.--
``(1) Basis reduction.--The basis of any property with
respect to which any qualified debt reduction payment is made
shall be reduced by the amount of the deduction allowed by this
section by reason of such payment.
``(2) Refinancings.--The indebtedness described in
subsection (f)(1)(A) shall include indebtedness resulting from
the refinancing of indebtedness described in such subsection
(or this sentence), but only to the extent it does not exceed
the amount of the indebtedness being refinanced.
``(3) Denial of deduction for debt-financed payments.--No
deduction shall be allowed by this section for any qualified
debt reduction payment--
``(A) to the extent indebtedness is incurred or
continued by the taxpayer to make such payment, and
``(B) in the case of a qualified debt reduction
payment made by a partnership on qualified indebtedness
on commercial real property held by the partnership, to
the extent of indebtedness--
``(i) which is incurred or continued by any
partner to whom such payment is allocable, and
``(ii) which is secured by such partner's
interest in the partnership or by such
commercial real property.
``(4) Treatment of amounts required to be paid by reason of
loan default.--For purposes of subsections (b)(1)(A) and (d),
accelerated payments required to be made under the terms of a
loan solely by reason of a default on the loan shall not be
taken into account.
``(5) Recapture of deduction if additional debt within 3
years.--
``(A) In general.--If a taxpayer incurs any
additional debt within 3 years after the date that the
taxpayer made a qualified debt reduction payment, the
ordinary income of the taxpayer making such payment
shall be increased by the applicable percentage of the
recaptured deduction.
``(B) Recaptured deduction.--For purposed of this
paragraph, the recaptured deduction is the excess of--
``(i) the deduction allowed by subsection
(a) on account of a qualified debt reduction
payment, over
``(ii) the deduction which would have been
so allowed if such payment had been reduced by
the additional debt.
``(C) Applicable percentage.--The applicable
percentage shall be determined in accordance with the
following table:
``If, of the 3 years referred to in The applicable
subparagraph (A), the additional percentage is:
debt occurs during the:
1st such year...................................... 100
2d such year....................................... 66 2/3
3d such year....................................... 33 1/3.
``(D) Partnerships.--
``(i) Allocation of income inclusion.--Any
increase in the ordinary income of a
partnership by reason of this paragraph shall
be allocated (under regulations prescribed by
the Secretary) among the partners receiving a
deduction under this section by reason of
making qualified equity investments in the
partnership.
``(ii) Debt-financed equity investment by
partner.--Rules similar to the rules of the
paragraph shall apply in cases where additional
debt is incurred by a partner making a
qualified equity investment in a partnership.
``(E) Subsequent deprecation.--The deductions under
section 168 for periods after a recaptured deduction
under this paragraph shall be determined as if the
portion of the qualified debt reduction payment
allocable to the recaptured deduction had never been
made.
``(6) Recapture where partner disposes of interest in
partnership.--If any partner to whom a deduction under this
section is allocable by reason of making a qualified equity
investment in a partnership disposes of any portion of such
partner's interest in the partnership within 1 year after the
date such investment was made, the ordinary income of such
partner shall be increased by the amount which bears the same
ratio to the deduction allowed on account of such investment as
such portion bears to such partner's interest in the
partnership immediately before such disposition.
``(7) Exemption from passive loss rules.--Section 469 shall
not apply to the deduction allowed by this section.
``(i) Application of Section.--This section shall apply to
qualified debt reduction payments made within the 2-year period
beginning on the day after the date of the enactment of this
section.''.
(b) Earnings and Profits.--Subsection (k) of section 312 of such
Code is amended by adding at the end the following new paragraph:
``(6) Treatment of section 199a.--Paragraphs (1) and (3)
shall not apply to the deduction allowed by section 199A.''.
(c) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 199A. Deduction for payments made to reduce debt on commercial
real property.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Community Recovery and Enhancement Act of 2011 or the CRE Act of 2011 - Amends the Internal Revenue Code to allow a tax deduction for payments made to reduce debt on eligible commercial property. Limits the amount of such deduction to the lesser of: (1) 50% of the excess of the amount of qualified debt secured by such property, (2) 50% of the fair market value of such property, (3) $10 million, or (4) the adjusted basis of such property at the close of the taxable year.
Defines "eligible commercial property" as any commercial real property if: (1) the amount of the qualified indebtedness secured by such property is at least 85% of the fair market value of the property, or (2) such property is, or is reasonably expected to be, treated as being in an in-substance foreclosure by the Comptroller of the Currency.
Denies a tax deduction for debt reduction payments that are debt-financed. Requires a recapture in income of tax deduction amounts allowed by this Act if additional indebtedness is incurred within three years after a qualified debt reduction payment is made. | To amend the Internal Revenue Code of 1986 to allow a deduction for certain payments made to reduce debt on commercial real property. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Highways and Infrastructure
Preservation Act of 1994''.
SEC. 2. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.
(a) Prohibition on Operation of Certain Cargo-Carrying Units.--
Section 411 of the Surface Transportation Assistance Act of 1982 (49
U.S.C. App. 2311) is amended--
(1) by striking the section heading and all that follows
through ``(a) Except'' and inserting the following:
``SEC. 411. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.
``(a) State Requirements.--
``(1) In general.--Except'';
(2) by moving paragraph (1) of subsection (a), as
designated by paragraph (1) of this subsection, 2 ems to the
right; and
(3) by adding at the end of subsection (a) the following:
``(2) Prohibition on operation of certain cargo-carrying
units.--
``(A) General rule.--No State shall register for
operation on any segment of the Interstate System and
those classes of qualifying National Highway System
highways as designated by the Secretary any trailer,
semi-trailer, container, or other cargo-carrying unit
that is longer than 53 feet, except as provided by
subparagraph (B).
``(B) Exceptions.--The following shall not be
subject to the requirement of subparagraph (A):
``(i) Any trailer, semi-trailer, container,
or other cargo carrying unit that is
manufactured before the expiration of the 1-
year period beginning on the date of the
enactment of this paragraph.
``(ii) Any trailer, semi-trailer,
container, or other cargo-carrying unit that is
used exclusively for fire-fighting.
``(C) Limitation on statutory construction.--Nothing in
this paragraph shall be construed to affect the laws of any
State applicable to any trailer, semi-trailer, container, or
other cargo-carrying unit that is less than 53 feet in
length.''.
(b) Repeal.--The 3d sentence of section 411(b) of such Act is
repealed.
(c) Conforming Amendments.--Section 411 of such Act is amended--
(1) by striking ``subsection (a) of this section'' each
place it appears and inserting ``subsection (a)(1) of this
section''; and
(2) in subsection (d) by striking ``subsections (a)'' and
inserting ``subsections (a)(1)''.
(d) Enforcement.--The 2d sentence of section 141(b) of title 23,
United States Code, is amended--
(1) by striking ``section 411(j)'' and inserting
``subsections (a)(2) and (j) of section 411''; and
(2) by striking ``2311(j)'' and inserting ``2311''.
SEC. 3. TERMINATION OF DETERMINATIONS OF GRANDFATHER RIGHTS.
(a) In General.--Section 127 of title 23, United States Code, is
amended by adding at the end the following:
``(f) Grandfather Rights.--
``(1) General rule.--No State shall allow the operation of
any vehicle or combination (other than longer combination
vehicles) not in conformance with the Interstate weight limits,
unless such operation is on the list published pursuant to
paragraph (2).
``(2) List of vehicles or combinations.--
``(A) Proceeding.--Not later than 60 days after the
date of the enactment of this subsection, the Secretary
shall initiate a proceeding to determine and publish a
list of vehicles or combinations (other than longer
combination vehicles), otherwise not in conformance
with the Interstate weight limits, that the Department
of Transportation or any other Federal agency or a
State has determined before January 1, 1994, could be
lawfully operated within such State on July 1, 1956
(except in the case of the overall gross weight of any
group of 2 or more consecutive axles, on the date of
the enactment of the Federal-Aid Highway Amendments of
1974).
``(B) Limitation.--No operation of any vehicle or
combination (other than a longer combination vehicle)
shall be included on the list published pursuant to
subparagraph (A) on the basis that a State law or
regulation could have authorized such operation at some
prior date by permit or otherwise.
``(C) Publication of final list.--Not later than
270 days after the date of the enactment of this
subsection, the Secretary shall publish a final list of
vehicles or combinations described in subparagraph (A).
``(3) Limitation on statutory construction.--Nothing in
this subsection shall be construed to prevent a State from
reducing the State's gross vehicle weight limitation or the
State's single or tandem axle weight limitations on the
Interstate System for operations on the list published pursuant
to paragraph (2) but in no event shall any such reduction fall
below weight limits referred to in subsection (a).
``(4) Applicability of existing requirements.--All vehicles
or combinations included on the list published pursuant to
paragraph (2) shall be subject to all routing-specific,
commodity-specific, and weight-specific designations in force
in a State before January 1, 1994.''.
(b) Conforming Amendment.--The 4th sentence of section 127(a) of
such title is amended by striking ``the State determines''.
SEC. 4. NONDIVISIBLE LOAD PROCEEDING.
Section 127 of title 23, United States Code, is further amended by
adding at the end the following:
``(g) Nondivisible Loads.--
``(1) Proceeding.--Not later than 60 days after the date of
the enactment of this subsection, the Secretary shall initiate
a proceeding to determine the meaning of the term `vehicles and
loads which cannot be easily dismantled or divided' as used in
subsection (a), including a commodity-specific definition of
such term.
``(2) Regulations.--Not later than 270 days after the date
of the enactment of this subsection, the Secretary shall issue
final regulations setting forth the determination of the
Secretary made pursuant to subparagraph (A). Such regulations
shall apply to all loads operating on the National Highway
System. A State may establish other requirements not
inconsistent with such regulations.
``(h) Statement of Policy.--The policy of this title is to promote
conformity with the Interstate weight limits for the benefit and safety
of all motorists.
``(i) Interstate Weight Limits Defined.--For purposes of
subsections (f), (g), and (h), the term `Interstate weight limits'
means the 80,000 pound gross vehicle weight limitation, the 20,000
pound single axle weight limitation (including enforcement tolerances),
the 34,000 pound tandem axle weight limitation (including enforcement
tolerances), and the overall maximum gross weight (including
enforcement tolerances) on a group of 2 or more consecutive axles
produced by application of the Bridge Formula B in subsection (a).''.
SEC. 5. WEIGHT LIMITATIONS.
(a) In General.--Title 23, United States Code, is amended by
inserting after section 127 the following:
``Sec. 127a. Gross vehicle weight and axle loading limitations on non-
Interstate highways on the national highway system
``(a) Non-Interstate Highways on NHS.--The gross vehicle weight
limitations and axle loading limitations applicable to all vehicles and
combinations on any non-Interstate highway on the National Highway
System in existence on the date of the enactment of this section, shall
be the gross vehicle weight and axle loading limitations (including
enforcement tolerances) set by State statute as of January 1, 1994, on
the non-Interstate highway on the National Highway System in the State
in which such non-Interstate highway is located, except as provided by
subsection (c). The gross vehicle weight limitations and axle loading
limitations applicable to all vehicles and combinations on any segment
of any non-Interstate highway on the National Highway System not in
existence on the date of the enactment of this section, shall be the
Interstate weight limits.
``(b) Proceeding to Publish List of State Limitations.--The
Secretary shall initiate a proceeding to determine and publish a list
of the States' gross vehicle weight limitations and axle loading
limitations as of January 1, 1994, applicable to non-Interstate
highways on the National Highway System. The Secretary shall publish a
final list not later than 180 days after the date of the enactment of
this section.
``(c) Proceeding to Publish List of Nonconforming Operations.--The
Secretary shall initiate a proceeding to determine and publish a list
of operations not in conformance with State gross vehicle weight
limitations and axle loading limitations applicable to all vehicles and
combinations on any non-Interstate highways on the National Highway
System in existence on the date of the enactment of this section, of
such State before January 1, 1994, and which were in actual and lawful
operation on a regular or periodic basis (including seasonal
operations) before January 1, 1994. The Secretary shall publish a final
list of such operations not later than 180 days after the date of the
enactment of this section. No operation of any vehicle or combination
shall be on the Secretary's list on the basis that a State law or
regulation could have authorized such operations at some prior date, by
permit or otherwise.
``(d) Applicability of Existing Requirements.--All vehicles or
combinations included on the Secretary's list provided for in
subsection (c) shall be subject to all routing-specific, commodity-
specific, and weight-specific designations in force in a State on
December 31, 1993.
``(e) Applicability.--The limitations established by subsection (a)
shall apply to any new designations made to the National Highway System
and remain in effect on those non-Interstate highways that cease to be
designated as part of the National Highway System.
``(f) Limitation on Statutory Construction.--Nothing in this
section shall be construed to prevent any State from reducing the
State's gross vehicle weight limitation or the State's single or tandem
axle weight limitations on any existing non-Interstate highway on the
National Highway System.
``(g) Interstate Weight Limits Defined.--For purposes of this
section, the term `Interstate weight limits' means the 80,000 pound
gross vehicle weight limitation, the 20,000 pound single axle weight
limitation (including enforcement tolerances), and the 34,000 pound
tandem axle weight limitation (including enforcement tolerances).''.
(b) Enforcement of Requirements.--Section 141(b) of such title is
amended by striking ``section 127(d)'' and inserting ``sections 127 and
127a''.
(c) Conforming Chapter Analysis Amendment.--The analysis for
chapter 1 of such title is amended by inserting after the item relating
to section 127 the following:
``127a. Gross vehicle weight and axle loading limitations on non-
Interstate highways on the national highway
system.''. | Safe Highways and Infrastructure Preservation Act of 1994 - Amends the Surface Transportation Assistance Act of 1982 to prohibit States from allowing the operation on federally assisted highways of any trailer, semi-trailer, container, or other cargo carrying unit longer than 53 feet, with specified exceptions. Declares that nothing in this Act shall be construed to affect State laws with respect to such vehicles less than 53 feet long.
(Sec. 3) Amends Federal highway law to prohibit States from allowing the operation of any vehicle or combination (other than longer combination vehicles) that are not in conformance with the Interstate weight limits, unless the Department of Transportation, another Federal agency, or the State has determined such vehicles could lawfully operate on July 1, 1956 (except in the case of the overall gross weight of any group of two or more consecutive axles on the date of the enactment of the Federal-Aid Highway Amendments of 1974.) Prohibits the operation of such vehicles on the basis that a State law could have authorized such operation at some prior date by permit or otherwise. Declares that nothing in this Act shall be construed to prevent a State from reducing its gross vehicle weight limitation or its single or tandem axle weight limitations on the Interstate System for operations under the exception; but in no event shall such reduction fall below specified weight limits for vehicles operating on such System. Subjects all vehicles or combinations operating under the exception to routing-specific, commodity-specific, and weight-specific designations in force in a State before January 1, 1994.
(Sec. 4) Directs the Secretary of Transportation (Secretary) to determine the meaning of the term "vehicles and loads which cannot be easily dismantled or divided" (including a commodity-specific definition of such term) as it relates to provisions concerning vehicle weight limitations.
Declares that it is the policy of this Act to promote conformity with the Interstate weight limits for the benefit and safety of all motorists.
(Sec. 5) Declares that the gross vehicle weight limitations and axle loading limitations with respect to vehicles and combinations on any non-Interstate highway on the National Highway System (NHS) shall be those set by State statute as of January 1, 1994, except that those limitations applicable to non-Interstate segments not in existence upon enactment of this Act shall be the Interstate weight limits.
Directs the Secretary to determine and publish a list of: (1) the State's gross vehicle weight limitations and axle loading limitations as of January 1, 1994, with respect to non-Interstate highways on the NHS; and (2) operations not in conformance with such limitations with respect to vehicles and combinations on such highways of such State before January 1, 1994, and which were in lawful operation on a regular or periodic basis, including seasonal operations, before that date. Subjects all vehicles or combinations included on the non-conforming operations list to routing-specific, commodity-specific, and weight-specific designations in force in a State on December 31, 1993. | State Highways and Infrastructure Preservation Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Power Marketing Administration
Reform Act of 1998''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that:
(1) The use of fixed allocations of joint multipurpose
project costs and the failure to provide for the recovery of
actual interest costs and depreciation have resulted in
substantial failures to recover costs properly recoverable
through power rates by the Federal Power Marketing
Administrations and the Tennessee Valley Authority and have
resulted in the imposition of unreasonable burdens on the
taxpaying public.
(2) Existing under allocations and under recovery of costs
have led to inefficiencies in the marketing of Federally
generated electric power and to environmental damage.
(3) With the emergence of open access to power transmission
and competitive bulk power markets, market prices will provide
the lowest reasonable rates consistent with sound business
principles, consistent with maximum recovery of costs properly
allocated to power production and consistent with encouraging
the most widespread use of power marketed by Federal Power
Marketing Administrations and the Tennessee Valley Authority.
SEC. 3. PURPOSE.
The purpose of this Act is to provide for full cost recovery rates
for power sold by Federal Power Marketing Administrations and the
Tennessee Valley Authority and a transition to market-based rates for
such power.
SEC. 4. MODIFICATION OF EXISTING POWER MARKETING ADMINISTRATIONS.
(a) Accounting.--Notwithstanding any other provision of law, the
Secretary of Energy shall, in consultation with the Federal Energy
Regulatory Commission, immediately upon enactment of this Act develop
and implement procedures to ensure that the Federal Power Marketing
Administrations utilize the same accounting principles and
requirements, including those with respect to the accrual of actual
interest costs during construction and pending repayment for any
project and recognition of depreciation expenses, as are applied by the
Commission to the electric operations of public utilities.
(b) Development and Submittal of Rates to the Commission.--
Notwithstanding any other provision of law, each Federal Power
Marketing Administration and the Tennessee Valley Authority shall, not
later than 1 year after enactment of this Act (and periodically
thereafter but not less frequently than once each 5 years), submit to
the Federal Energy Regulatory Commission rates for the sale or
disposition of Federal energy that will ensure the recovery of all
costs incurred by such Federal Power Marketing Administration or the
Tennessee Valley Authority for the generation and marketing of such
Federal energy. Such costs shall include all fish and wildlife
expenditures required under existing treaty and legal obligations
associated with the construction and operation of the facilities from
which the federally marketed power is generated and sold. Such costs
shall not include any cost of transmitting such Federal energy.
(c) Commission Review, Approval or Modification.--The Federal
Energy Regulatory Commission shall review and either approve of or
modify rates for the sale or disposition of Federal energy submitted to
the Commission by each Federal Power Marketing Administration and the
Tennessee Valley Authority under this section, to ensure that such
rates will recover all costs of generating and marketing such Federal
energy (including all fish and wildlife costs associated with such
Federal energy as required under existing treaty and legal obligations,
but not including any cost of transmitting such Federal energy). Such
review by the Commission shall be based on the record of proceedings
before the Federal Power Marketing Administration or the Tennessee
Valley Authority, except that all persons shall be afforded an
opportunity by the Commission for an additional hearing in accordance
with the procedures established for ratemaking by the Commission
pursuant to the Federal Power Act.
(d) Application of Rates.--Immediately upon approval or
modification by the Commission of rates under this section for the sale
or disposition of Federal energy by a Federal Power Marketing
Administration or the Tennessee Valley Authority, the Federal Power
Marketing Administration shall apply such rates, as approved or
modified by the Commission, to each existing contract for the sale or
disposition of Federal energy by such Federal Power Marketing
Administration or the Tennessee Valley Authority to the maximum extent
permitted by such contract. This section shall not apply to any Federal
Power Marketing Administration or the Tennessee Valley Authority if and
at such time as it no longer has any outstanding commitments under any
contract for the sale or disposition of Federal energy that were in
existence as of the date of enactment of this Act.
(e) Accounting Principles and Requirements.--In developing or
reviewing the rates required by this section, the Federal Power
Marketing Administrations, the Tennessee Valley Authority, and the
Commission shall rely upon the accounting principles and requirements
developed pursuant to subsection (a).
(f) Interim Rates.--Until market pricing for such power sales is
fully implemented, such full cost recovery rates shall be implemented
for all new contracts for power sales by the Federal Power Marketing
Administrator and the Tennessee Valley Authority entered into after the
enactment of this Act and for renewals after the enactment of this Act
for existing contracts for power sales by Federal Power Marketing
Administrations and the Tennessee Valley Authority.
(g) Transition to Market-Based Rates.--If the transition to full
cost recovery rates would result in rates that exceed market rates, the
Secretary of Energy is authorized to price power sold by Federal Power
Marketing Administrations at market rates, and the Tennessee Valley
Authority is authorized to price power sold by the Tennessee Valley
Authority at market rates, if--
(1) operation and maintenance costs are recovered,
including all fish and wildlife costs required under existing
treaty and legal obligations;
(2) the contribution toward recovery of investment
pertaining to power production is maximized; and
(3) purchasers of power under existing contracts consent to
the remarketing by the relevant Federal Power Marketing
Administration or the Tennessee Valley Authority of such power
not later than 3 years thereafter through competitive bidding.
Competitive bidding shall be utilized to remarket power that is not
accepted by existing customers under this section.
(h) Market-Based Pricing.--Within 2 years after the enactment of
this Act, the Secretary of Energy shall develop and implement
procedures to assure that all power sold by Federal Power Marketing
Administrations and the Tennessee Valley Authority is sold at prices
set by demand and supply within the relevant bulk power supply market.
The Secretary of Energy shall establish through notice and comment
rulemaking bid and auction procedures to implement market-based pricing
for power sold pursuant to any power sales contract entered into by a
Federal Power Marketing Administration or the Tennessee Valley
Authority after the date 2 years after the enactment of this Act,
including power that is under contract but which is declined by the
party entitled to purchase such power and remarketed after such date.
(i) Use of Revenues Collected Through Market-Based Pricing.--
(1) In general.--Revenues collected through market-based
pricing shall be disposed of as follows:
(A) Revenues shall be remitted to the Secretary of
the Treasury, first, to cover all power-related
operations and maintenance expenses, all fish and
wildlife costs required under existing treaty and legal obligations,
and the project investment cost pertaining to power production.
(B) Such revenues as shall remain after remission
to the Secretary of the Treasury pursuant to
subparagraph (A) shall be divided as follows:
(i) 50 percent of such revenues shall be
remitted to the Secretary of the Treasury for
the purpose of reducing the Federal budget
deficit.
(ii) 35 percent of such revenues shall be
deposited in the fund established under
paragraph (2)(A) for the purpose of helping
cover the costs of mitigating the damage to,
and restoring the health of, fish, wildlife,
and other environmental resources that is
attributable to the construction and operation
of the facilities from which power is generated
and sold.
(iii) 15 percent of such revenues shall be
deposited in the fund established under
paragraph (3)(A) for the purpose of helping
cover the costs of the incremental cost (above
the expected market cost of electricity) of
nonhydroelectric renewable resources in the
region in which power is marketed by the
applicable power marketing administration.
(2) Fund regarding environmental mitigation.--
(A) There is hereby established a fund to hold and
expend the revenues allocated for environmental
mitigation and restoration pursuant to paragraph
(1)(B)(ii). The fund shall be established within the
Department of Interior and shall be governed by a Board
of Directors consisting of the Secretary of the
Interior, the Secretary of Energy, and the
Administrator of the Environmental Protection Agency or
their designees. Other than expenditure of revenues to
cover the costs of establishing and managing the fund,
all revenues may be spent only pursuant to project-
specific plans to mitigate damage to, and restore the
health of, the environment.
(B) At no time may the fund established under
subparagraph (A) hold more than $200,000,000 that is
not necessary to cover the costs of 1 or more project-
specific mitigation plans. Revenues that would
otherwise be deposited in the fund but for the absence
of 1 or more project-specific plans for environmental
mitigation shall be remitted to the Secretary of the
Treasury for purposes of Federal budget deficit
reduction.
(C) The Board of Directors of the fund established
under subparagraph (A) shall develop project-specific
mitigation plans for each project used to generate
power marketed by the power marketing administrations
or the Tennessee Valley Authority. In developing such
plans, the Board is directed, where feasible, to rely
on data, information, and mitigation and restoration
plans already developed by the United States Bureau of
Reclamation, the United States Fish and Wildlife
Service, the Environmental Protection Agency, and other
Federal, State, and tribal agencies.
(3) Fund regarding renewable resources.--
(A) There is hereby established a fund to hold and
expend the revenues allocated for renewable resources
pursuant to paragraph (1)(B)(iii). The fund shall be
established within the Department of Energy. Revenues
in the fund may be expended to pay for the incremental
costs of nonhydroelectric renewable resources in the States in which
the applicable power marketing administration markets power. Other than
expenditure of revenues to cover the costs of establishing and managing
the fund, all revenues may be spent only--
(i) pursuant to a plan developed by the
Secretary of Energy designed to foster the
development of nonhydroelectric renewable
resources that show substantial long-term
promise but which are presently too expensive
to attract private capital sufficient to
develop or ascertain their potential; and
(ii) on recipients chosen by a process of
competitive bidding.
(B) At no time may the fund established under
subparagraph (A) hold more than $50,000,000 that is not
necessary to meet the plan developed pursuant to such
subparagraph. Revenues that would otherwise be
deposited in this fund but for the absence of such a
plan shall be remitted to the Secretary of the Treasury
for purposes of Federal budget deficit reduction.
(j) Preference.--Public bodies and cooperatives shall be given a
preference to future power allocations or reallocations of Federal
power through a right of first refusal at market prices. Power obtained
through preference rights shall be consumed by the preference customer
or resold for consumption by the constituent end-users of the
preference customer and may not be resold to other entities. As
regulated by the Federal Energy Regulatory Commission, preference
recipients shall have transmission access to this purchased power. If a
public body or cooperative does not take allocation, the next highest
bidder takes the allocation.
(k) Reforms.--The Secretary of Energy shall require each Federal
Power Marketing Administration to implement--
(1) program management in order to assign personnel and
incur expenses for authorized power marketing, reclamation, and
flood control activities only, and not diversification into
ancillary activities including consulting or operating services
for other entities; and
(2) annual reporting plainly disclosing to the American
public, the activities of the Power Marketing Administration
including, but not limited to, the full cost of such power
projects and power marketing programs.
(l) Contract Renewal.--After the enactment of this Act, no Federal
Power Marketing Administration may enter into or renew any power
marketing contract for a term that exceeds 5 years.
(m) Restrictions.--Excepting only the Bonneville Power
Administration, each Federal Power Marketing Administration shall be
subject to the restrictions on the construction of transmission and
additional facilities established by section 5 of the Flood Control Act
of 1944.
SEC. 5. FEDERAL ENERGY REGULATORY COMMISSION JURISDICTION OVER
TRANSMISSION SERVICE PROVIDED BY POWER MARKETING
ADMINISTRATIONS AND TENNESSEE VALLEY AUTHORITY.
Transmission service provided by Federal Power Marketing
Administrations shall be provided on an open access basis and at just
and reasonable rates approved or established by the Federal Energy
Regulatory Commission under part II of the Federal Power Act in the
same manner as such service is provided pursuant to Commission rules by
any public utility subject to the jurisdiction of the Commission under
such Part II. The preceding sentence shall not require any Federal
Power Marketing Administration to expand transmission or
interconnection capabilities or transmissions in the absence of other
authority of law.
SEC. 6. IMPLEMENTATION BY THE FEDERAL ENERGY REGULATORY COMMISSION.
Pending the implementation of market-based pricing, the Federal
Energy Regulatory Commission shall have authority to review and
approve, reject, or revise power rate schedules recommended for
approval by the Secretary of Energy, and existing rate schedules, for
power sales by the Federal Power Marketing Administrations. The Federal
Energy Regulatory Commission shall base its approval of final rates
upon the protection of the public interest and shall undertake to
protect the interest of the taxpaying public as well as the interests
of consumers in accordance with section 4. The Federal Energy
Regulatory Commission may review the factual basis for determinations
made by the Secretary of Energy and may revise or modify those findings
as appropriate and may revise proposed or effective rate schedules or
remand the rate schedules to the Secretary of Energy as the Federal
Energy Regulatory Commission determines is necessary to protect the
public interest in accordance with section 4 until a full transition is
made to market-based rates for power sold by Federal Power Marketing
Administrations. The Federal Energy Regulatory Commission is authorized
to proceed pursuant to informal notice and comment rulemaking pursuant
to section 553(c) of title 5, United States Code. Any affected party,
including a taxpayer, bidder, preference customer, or affected
competitor may seek a rehearing and judicial review of a final decision
of the Federal Energy Regulatory Commission pursuant to section 313 of
the Federal Power Act (16 U.S.C. 8251).
SEC. 7. REPEALS.
The following provisions are repealed:
(1) The last sentence of section 302(a)(3) of the
Department of Energy Organization Act.
(2) Section 505 of Public Law 102-377.
SEC. 8. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, the
provisions of this Act and the amendments made by this Act shall take
effect with respect to power sales contracts entered into by a Federal
Power Marketing Administration or the Tennessee Valley Authority after
July 23, 1997. | Power Marketing Administration Reform Act of 1998 - Requires the Secretary of Energy to develop and implement procedures to ensure that the Federal Power Marketing Administrations (FPMAs) utilize the same accounting principles and requirements as the Federal Energy Regulatory Commission (FERC) applies to the electric operations of public utilities.
(Sec. 4) Requires each FPMA and the Tennessee Valley Authority (TVA) to submit periodically for FERC review rates for the sale or disposition of Federal energy that will ensure recovery of all their costs in generating and marketing such energy.
Prescribes rate mechanism and pricing guidelines.
Establishes a fund within the Department of the Interior to: (1) mitigate damage to environmental resources attributable to power generation and sales facilities; and (2) restore the health of such resources, including fish and wildlife. Mandates project-specific mitigation plans for each power generation project.
Establishes a fund within the Department of Energy for renewable resources. Prescribes expenditure guidelines.
Mandates that public bodies and cooperatives be given a preference for future power allocations or reallocations of Federal power through a right of first refusal at market prices.
Instructs the Secretary of Energy to require each FPMA to: (1) assign personnel and incur expenses solely for authorized power marketing, reclamation, and flood control activities, and not for diversification into ancillary activities; and (2) make annual public disclosures of its activities, including the full costs of power projects and marketing.
Precludes an FPMA from entering into or renewing any power marketing contract for a term exceeding five years.
(Sec. 5) Requires provision of FPMA transmission services on an open access basis, and at FERC-approved rates in the same manner as provided by any public utility under FERC jurisdiction.
(Sec. 6) Grants FERC rate-making approval authority until a full transition is made to market-based rates, for: (1) rate schedules recommended by the Secretary of Energy; and (2) rate schedules for FPMA power sales.
(Sec. 7) Amends: (1) the Department of Energy Organization Act to reflect the changes made by this Act; and (2) specified Federal law to repeal the prohibition against the use of appropriated funds for purposes relating to the possibility of changing from an "at cost" to a "market rate" or any other noncost-based method for pricing Federal hydroelectric power. | Power Marketing Administration Reform Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Marine Fisheries Service
Ombudsman Act of 2010''.
SEC. 2. NATIONAL MARINE FISHERIES SERVICE OMBUDSMAN OFFICE.
(a) In General.--
(1) Establishment.--There is established an Office of the
Ombudsman in the National Marine Fisheries Service.
(2) Ombudsman.--
(A) In general.--The Office shall be under the
direction of the Ombudsman of the National Marine
Fisheries Service, who shall be appointed by the
Administrator of the National Oceanic and Atmospheric
Administration--
(i) in the case of the first Ombudsman,
within 180 days after the date of enactment of
this Act; and
(ii) in the case of an individual appointed
to serve as Ombudsman subsequent to the
expiration of the term of a sitting Ombudsman,
by not later than the date the term expires.
(B) Term.--An individual appointed as Ombudsman
shall serve a term of 4 years, and may be reappointed.
(C) Vacancies.--In the event of a vacancy in the
position of Ombudsman the Administrator shall appoint
an individual as Ombudsman by not later than 120 days
after the date the vacancy occurs.
(3) Regional ombudsmen.--
(A) In general.--The Ombudsman shall maintain a
regional ombudsman in each of the regions for which a
Regional Fishery Management Council is established
under section 302 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852).
(B) Appointment.--The regional ombudsmen shall be
appointed by and serve at the discretion of the
Ombudsman.
(C) Acting ombudsman.--In the event of a vacancy in
the office of the Ombudsman, the Administrator shall
appoint a regional ombudsman to serve as the acting
Ombudsman until an Ombudsman is appointed.
(4) Qualifications.--A person may not be appointed--
(A) as the Ombudsman, unless the person has--
(i) demonstrated expertise in the field of
fisheries management and significant experience
and knowledge of regulations that are enforced
by the National Marine Fisheries Service; and
(ii) significant experience working in or
with the commercial or recreational fishing
industries; or
(B) as a regional ombudsman, unless the person--
(i) satisfies the requirements in
subparagraph (A); and
(ii) is a resident of a State in the region
for which appointed.
(5) Notification of appointment and removal.--The
Administrator shall notify Congress of--
(A) the intent of the Administrator to appoint an
individual as Ombudsman, by not later than 60 days
before the effective date of the appointment;
(B) whether or not the Administrator will reappoint
an individual who is serving as Ombudsman, by not later
than 120 days before the expiration of the term of the
individual; and
(C) the intent of the Administrator to remove a
person from the position of Ombudsman, by not later
than 60 days before the effective date of the such
removal, including the reasons for such removal.
(6) Ensuring independence of ombudsman.--
(A) In general.--The Ombudsman--
(i) shall report solely to and be under the
general supervision of the Administrator; and
(ii) may only be removed by the
Administrator for neglect of duty, misconduct,
or inability to perform the duties of the
office of the Ombudsman.
(B) Maintenance of independent communications.--
Each office under the administrative jurisdiction of
the Ombudsman shall maintain a telephone, facsimile,
and other means of electronic communication access, and
a post office address, that is separate from those
maintained by the National Marine Fisheries Service and
from all other components of the National Oceanic and
Atmospheric Administration.
(C) IG's authority to conduct investigations not
affected.--Nothing in this Act shall prevent or
prohibit any Inspector General from initiating,
carrying out, or completing any investigation.
(b) Functions.--The Ombudsman shall--
(1) act as a neutral third party who conducts informal,
impartial fact finding and investigations;
(2) identify points of conflict or contention between the
fishing industry and the National Marine Fisheries Service with
respect to the implementation and enforcement of regulations;
(3) mitigate points of conflict or contention identified
under paragraph (2);
(4) through each regional ombudsman--
(A) serve as a point of contact for local fishermen
and businesses that are regulated by the National
Marine Fisheries Service;
(B) receive complaints from persons regulated by
the National Marine Fisheries Service regarding
regulatory actions initiated by the Service;
(C) initiate informal, impartial fact finding and
investigations;
(D) work with the Service and local fishermen and
businesses to resolve such complaints; and
(E) conduct community outreach, including by
assisting the National Marine Fisheries Service in the
dissemination of any new regulations or requirements
and providing information and guidance to the public;
and
(5) maintain a public Internet site that includes contact
information for each regional office.
(c) Annual Report.--
(1) In general.--The Ombudsman shall report no later than
September 30 each year to the Administrator, the Committee on
Natural Resources Committee of the House of Representatives,
and the Committee on Commerce, Science, and Transportation of
the Senate on the actions taken by each of the regional offices
over the preceding year and the objectives of those actions.
(2) Contents.--Each such report shall include--
(A) full and substantive analysis, in addition to
statistical information;
(B) recommendations the Office of the Ombudsman has
made on improving services and responsiveness of the
National Marine Fisheries Service;
(C) a summary of the most pervasive and serious
points of conflict or contention encountered by
fishermen and businesses, including a description of
the nature thereof;
(D) an inventory of the items described in
subparagraphs (B) and (C) for which action has been
taken, and the result of such action;
(E) an inventory of the items described in
subparagraphs (B) and (C) for which action remains to
be completed;
(F) recommendations to resolve points of conflict
or contention encountered by fishermen and businesses;
(G) information the Ombudsman considers appropriate
regarding the independence and effectiveness of the
Ombudsman's office; and
(H) such other information as the Ombudsman
considers relevant.
(3) Report to be submitted directly.--Each report under
this subsection shall be provided directly to the committees
described in paragraph (1) without any prior comment or
amendment from the Administrator or any from any other officer
or employee of the National Oceanic and Atmospheric
Administration, the National Marines Fisheries Service, or the
Office of Management and Budget.
(4) Other reports.--Nothing in this subsection shall be
construed to preclude the Ombudsman from issuing other reports
on the activities of the Office of the Ombudsman. | National Marine Fisheries Service Ombudsman Act of 2010 - Establishes an Office of the Ombudsman in the National Marine Fisheries Service which shall be under the direction of the Ombudsman of the National Marine Fisheries Service, who shall be appointed by the Administrator of the National Oceanic and Atmospheric Administration (NOAA).
Requires the Ombudsman to maintain a regional Ombudsman in each of the regions for which a Regional Fishery Management Council.
Requires the Ombudsman to report solely to, and be under the general supervision of, the Administrator and allows the removal of the Ombudsman only by the Administrator for neglect of duty, misconduct, or inability to perform the duties of the office of the Ombudsman.
Sets forth the duties of the Ombudsman, including: (1) to act as a neutral third party who conducts informal, impartial fact finding and investigations; (2) to identify points of conflict or contention (and to mitigate such points of conflict or contention) between the fishing industry and the National Marine Fisheries Service with respect to the implementation and enforcement of regulations; (3) through each regional ombudsman, to serve as a point of contact for local fishermen and businesses that are regulated by the National Marine Fisheries Service; and (4) to maintain a public Internet site that includes contact information for each regional office. | To establish an Ombudsman Office within the National Marine Fisheries Service, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Settlement Transparency
Act of 2005''.
SEC. 2. DENIAL OF DEDUCTION FOR CERTAIN FINES, PENALTIES, AND OTHER
AMOUNTS.
(a) In General.--Subsection (f) of section 162 of the Internal
Revenue Code of 1986 (relating to trade or business expenses) is
amended to read as follows:
``(f) Fines, Penalties, and Other Amounts.--
``(1) In general.--Except as provided in paragraph (2), no
deduction otherwise allowable shall be allowed under this
chapter for any amount paid or incurred (whether by suit,
agreement, or otherwise) to, or at the direction of, a
government or entity described in paragraph (4) in relation to
the violation of any law or the investigation or inquiry by
such government or entity into the potential violation of any
law.
``(2) Exception for amounts constituting restitution or
paid to come into compliance with law.--Paragraph (1) shall not
apply to any amount which--
``(A) the taxpayer establishes--
``(i) constitutes restitution (including
remediation of property) for damage or harm
caused by or which may be caused by the
violation of any law or the potential violation
of any law, or
``(ii) is paid to come into compliance with
any law which was violated or involved in the
investigation or inquiry, and
``(B) is identified as restitution or as an amount
paid to come into compliance with the law, as the case
may be, in the court order or settlement agreement.
Identification pursuant to subparagraph (B) alone shall not
satisfy the requirement under subparagraph (A). This paragraph
shall not apply to any amount paid or incurred as reimbursement
to the government or entity for the costs of any investigation
or litigation.
``(3) Exception for amounts paid or incurred as the result
of certain court orders.--Paragraph (1) shall not apply to any
amount paid or incurred by order of a court in a suit in which
no government or entity described in paragraph (4) is a party.
``(4) Certain nongovernmental regulatory entities.--An
entity is described in this paragraph if it is--
``(A) a nongovernmental entity which exercises
self-regulatory powers (including imposing sanctions)
in connection with a qualified board or exchange (as
defined in section 1256(g)(7)), or
``(B) to the extent provided in regulations, a
nongovernmental entity which exercises self-regulatory
powers (including imposing sanctions) as part of
performing an essential governmental function.
``(5) Exception for taxes due.--Paragraph (1) shall not
apply to any amount paid or incurred as taxes due.''.
(b) Reporting of Deductible Amounts.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by
inserting after section 6050T the following new section:
``SEC. 6050U. INFORMATION WITH RESPECT TO CERTAIN FINES, PENALTIES, AND
OTHER AMOUNTS.
``(a) Requirement of Reporting.--
``(1) In general.--The appropriate official of any
government or entity which is described in section 162(f)(4)
which is involved in a suit or agreement described in paragraph
(2) shall make a return in such form as determined by the
Secretary setting forth--
``(A) the amount required to be paid as a result of
the suit or agreement to which paragraph (1) of section
162(f) applies,
``(B) any amount required to be paid as a result of
the suit or agreement which constitutes restitution or
remediation of property, and
``(C) any amount required to be paid as a result of
the suit or agreement for the purpose of coming into
compliance with any law which was violated or involved
in the investigation or inquiry.
``(2) Suit or agreement described.--
``(A) In general.--A suit or agreement is described
in this paragraph if--
``(i) it is--
``(I) a suit with respect to a
violation of any law over which the
government or entity has authority and
with respect to which there has been a
court order, or
``(II) an agreement which is
entered into with respect to a
violation of any law over which the
government or entity has authority, or
with respect to an investigation or
inquiry by the government or entity
into the potential violation of any law
over which such government or entity
has authority, and
``(ii) the aggregate amount involved in all
court orders and agreements with respect to the
violation, investigation, or inquiry is $600 or
more.
``(B) Adjustment of reporting threshold.--The
Secretary may adjust the $600 amount in subparagraph
(A)(ii) as necessary in order to ensure the efficient
administration of the internal revenue laws.
``(3) Time of filing.--The return required under this
subsection shall be filed not later than--
``(A) 30 days after the date on which a court order
is issued with respect to the suit or the date the
agreement is entered into, as the case may be, or
``(B) the date specified Secretary.
``(b) Statements to Be Furnished to Individuals Involved in the
Settlement.--Every person required to make a return under subsection
(a) shall furnish to each person who is a party to the suit or
agreement a written statement showing--
``(1) the name of the government or entity, and
``(2) the information supplied to the Secretary under
subsection (a)(1).
The written statement required under the preceding sentence shall be
furnished to the person at the same time the government or entity
provides the Secretary with the information required under subsection
(a).
``(c) Appropriate Official Defined.--For purposes of this section,
the term `appropriate official' means the officer or employee having
control of the suit, investigation, or inquiry or the person
appropriately designated for purposes of this section.''.
(2) Conforming amendment.--The table of sections for
subpart B of part III of subchapter A of chapter 61 of the
Internal Revenue Code of 1986 is amended by inserting after the
item relating to section 6050T the following new item:
``Sec. 6050U. Information with respect to certain fines,
penalties, and other amounts.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred on or after the date of the enactment
of this Act, except that such amendments shall not apply to amounts
paid or incurred under any binding order or agreement entered into
before such date. Such exception shall not apply to an order or
agreement requiring court approval unless the approval was obtained
before such date. | Government Settlement Transparency Act of 2005 - Amends the Internal Revenue Code to revise the rule denying a tax deduction for fines and penalties paid to a government for the violation of any law to provide that no deduction shall be allowed for any fine or penalty paid (whether by suit, agreement, or otherwise) to, or at the direction of, a government or nongovernmental regulatory entity for a violation of law or for the investigation or inquiry by such government or entity into a potential violation of any law.
Allows exceptions to the general rule of nondeductibility for: (1) certain restitution payments or payments required to come into compliance with law; (2) court-ordered payments not involving a government or nongovernmental regulatory entity; and (3) amounts paid or incurred as taxes due.
Requires governmental agencies involved in a settlement with a taxpayer to report to the Secretary of the Treasury and the taxpayer information about such settlement, including the amount of the settlement, the amount paid as restitution or remediation of property, and the amount paid to come into compliance with law. | A bill to amend the Internal Revenue Code of 1986 to deny a deduction for certain fines, penalties, and other amounts. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worksite Wellness Act of 1993''.
SEC. 2. STATEMENT OF FINDINGS.
The Congress hereby finds that--
(1) more businesses are promoting disease prevention,
healthy lifestyles, and good nutrition through wellness
programs than did so in the past;
(2) businesses can save on insurance premiums and reduce
the number of health insurance claims filed by their employees
if employees would participate in a wellness program;
(3) wellness programs lead to lower health care costs,
reduced absenteeism, increased productivity, and higher morale;
(4) one of the Healthy People 2000 national health
objectives is to have disease prevention and health promotion
programs in at least 85 percent of worksites with 50 or more
employees;
(5) a recent survey conducted by the Office of Disease
Prevention and Health Promotion reported that 81 percent of
companies with 50 or more employees had at least 1 health
promotion activity in 1992 compared with 66 percent in 1985;
and
(6) small businesses have less money to devote to employee
benefits and therefore shall be given greater incentives to
invest in wellness programs for their employees.
SEC. 3. CREDIT FOR EXPENDITURES TO IMPLEMENT HEALTH PROMOTION AND
DISEASE REDUCTION PROGRAMS.
(a) General Rule.--Subpart D of part IV of subchapter A of chapter
1 of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end thereof the following new
section:
``SEC. 45A. EXPENDITURES TO IMPLEMENT WELLNESS PROGRAMS FOR EMPLOYEES.
General Rule.--For purposes of section 38, in the case of an
eligible small employer, the amount of the wellness program credit
determined under this section for the taxable year is 50 percent of the
qualified wellness program expenses paid or incurred by the taxpayer
during the taxable year.
``(b) Limitation.--The credit determined under subsection (a) with
respect to any eligible small employer for any taxable year shall not
exceed $10,000.
``(c) Eligible Small Employer.--The term `eligible small employer'
means any employer if--
``(1) either--
``(A) the gross receipts of such employer for the
preceding taxable year did not exceed $3,500,000, or
``(B) in the case of any employer to which
subparagraph (A) does not apply, such employer employee
not more than 500 full-time employees during the
preceding taxable year, and
``(2) such employer elects the application of this section
for the taxable year.
For purposes of paragraph (1)(B), an employee shall be considered a
full-time employee if such employee is employed at least 30 hours per
week for 20 or more calendar weeks in the calendar year.
``(d) Qualified Wellness Program Expenses.--For purposes of this
section--
``(1) In general.--Except as otherwise provided in this
subsection, the term `qualified wellness program expenses'
means the expenses paid or incurred by the taxpayer in
providing services (and other benefits) to employees under a
qualified wellness program of the taxpayer.
``(2) Depreciation allowances.--For purposes of this
subsection, depreciation allowances under section 167 shall be
treated as expenses.
``(3) Only domestic employment qualified.--Amounts may be
taken into account under paragraph (1) with respect to any
services only if such services are provided in the United
States.
``(e) Qualified Wellness Program.--For purposes of this section,
the term `qualified wellness program' means any separate written plan
of an employer for the exclusive benefit of his employees if--
``(1) such plan provides employees with 1 or more of the
following benefits:
``(A) physical fitness or sports programs,
``(B) nutrition or weight control programs,
``(C) programs to reduce use of tobacco, alcohol,
or other drugs,
``(D) mental health programs,
``(E) maternal and infant health programs,
``(F) heart disease prevention programs,
``(G) immunization programs, and
``(H) programs for clinical prevention services.
``(2) such plan benefits employees who qualify under a
classification set up by the employer and found by the
Secretary not to be discriminatory in favor of employees who
are highly compensated employees (within the meaning of section
414(q)) or their dependents, and
``(3) such plan does not provide eligible employees with a
choice between benefits under such plan and other remuneration
includible in gross income.
``(f) Special Rules.--
``(1) Application of discrimination rules.--For purposes of
subsection (e)(2), there shall be excluded from consideration
employees not included in the program who are included in a
unit of employees covered by an agreement which the Secretary
of Labor finds to be a collective bargaining agreement between
employee representatives and 1 or more employers.
``(2) Certain business practices.--For purposes of
subsection (e)(3), the business practices of the employer (as
well as the written plan) shall be taken into account.
``(3) Certain other rules made applicable.--For purpose of
this section, rules similar to the rules of paragraphs (2),
(3), (4), (5), and (6) of section 44(d) shall apply.''
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (7), by striking the period at the end of paragraph (8) and
inserting ``, plus'', and by adding at the end thereof the following
new paragraph:
``(9) in the case of an eligible small employer, the
wellness program credit determined under section 45A(a).''
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end thereof the following new subsection:
``(d) Credit for Wellness Program Expenses.--No deduction shall be
allowed for that portion of the qualified wellness program expenses (as
defined in section 45A(c)) otherwise allowable as a deduction for the
taxable year which is equal to the amount of the credit determined for
such taxable year under section 45A(a).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Worksite Wellness Act of 1993 - Amends the Internal Revenue Code to allow eligible small employers a tax credit for 50 percent of qualified wellness program expenses incurred for their employees. Makes such credit a part of the general business credit and limits it to $10,000. | Worksite Wellness Act of 1993 |
SECTION 1. LAND CONVEYANCE, LEWIS AND CLARK NATIONAL HISTORIC TRAIL,
NEBRASKA.
(a) Conveyance Authorized.--The Secretary of the Interior may
convey, without consideration, to The Missouri River Basin Lewis and
Clark Interpretive Trail and Visitor Center Foundation, Inc., a
501(c)(3) not-for-profit organization with operational headquarters at
100 Valmont Drive, Nebraska City, Nebraska, 68410, all right, title and
interest of the United States in and to the federally owned land under
jurisdiction of the Secretary consisting of 2 parcels described as
follows:
Tract 102-01, 64.92 acres, a tract of land situated
in the East Half Northwest Quarter of Section 15,
Township 8 North, Range 14 East, Sixth Principal
Meridian, Otoe County, Nebraska, except 5 acres
therefrom, being 5 acres out of the Northwest corner of
said East Half of said Northwest Quarter, said 5 acres
being described as follows:
Beginning at the Northwest corner of the East Half
of the Northwest Quarter, thence running 40 rods East
along the North line of said East half of the Northwest
Quarter; thence running 20 rods North along said West
line to the places of beginning; and also except a
tract consisting of 9.38 acres more or less, acquired
by the State of Nebraska for highway right-of-way, in a
condemnation proceeding filed in the County Court of
Otoe County, Nebraska, the description of which is more
particularly described in Book 49 Miscellaneous Records
at page 18 of the records in the Office of the Register
of Deeds, Otoe County, Nebraska; and except a right-of-
way for road out of the Southeast corner of said 80
acres, 5 rods and 25 feet long, running North and
South.
Tract 102-02, 13.00 acres, a tract of land situated
in the South Half Section 10 with the southeasterly
right-of-way line of State Highway 2 as acquired by the
State of Nebraska by document recorded September 15,
1983 in Book 49 of the miscellaneous records, Page 52
of the Otoe County records, said point of beginning is
Westerly 275.54 feet as measured along said Section
line from the Southeast Quarter of said Section 10
according to plat of right-of-way by the State of
Nebraska Department of Roads Right of Way Division;
Thence Easterly along said Section line 275.54 feet
to the northwest corner of Northwest Quarter Northeast
Quarter of said Section 15;
Thence Southerly along the west line of said
Northwest Quarter Northeast Quarter 1320.00 feet, more
or less, to the southwest corner thereof;
Thence Easterly along the south line of said
Northwest Quarter Northeast Quarter 250.00 feet;
Thence Northerly parallel with the west line of
said Northwest Quarter Northeast Quarter 700.00 feet;
Thence along a line deflecting to the right 53 00
minutes 00 seconds to the intersection with the
southwesterly line of a 200 foot wide strip of land
conveyed to Chicago, Burlington, and Quincy Railroad
Company by deed recorded March 15, 1986 in Deed Book
115, Page 288 of the Otoe County records;
Thence Northwesterly along the right of way of the
railroad to the intersection with aforesaid
southeasterly right-of-way line of the State Highway 2;
Thence along said Highway right-of-way line the
following four courses:
(1) deflecting to the left 34 44 minutes 59 seconds
a distance of 109.40 feet;
(2) deflecting to the right 28 30 minutes 19
seconds a distance of 93.86 feet;
(3) deflecting to the left 51 03 minutes 26 seconds
a distance of 90.00 feet; and
(4) deflecting to the left 55 26 minutes 58 seconds
a distance of 322.28 feet to the point of beginning and
containing 13.00 acres of land, more or less.
(b) Survey; Conveyance Cost.--The exact acreage and legal
description of the land to be conveyed under section (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey and all other costs incurred by the Secretary to convey the land
shall be borne by the Missouri River Basin Lewis and Clark Interpretive
Trail and Visitor Center Foundation, Inc.
(c) Condition of Conveyance, Use of Conveyed Land.--The conveyance
authorized under subsection (a) shall be subject to the condition that
the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor
Center Foundation, Inc. use the conveyed land as a historic site and
interpretive center for the Lewis and Clark National Historic Trail.
(d) Discontinuance of Use.--If Missouri River Basin Lewis and Clark
Interpretive Trail and Visitor Center Foundation, Inc. determines to
discontinue use of the land conveyed under subsection (a) as an
historic site and interpretive center for the Lewis and Clark National
Historic Trail, the Missouri River Basin Lewis and Clark Interpretive
Trail and Visitor Center Foundation, Inc. shall convey lands back to
the Secretary without consideration.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) or the conveyance, if any, under subsection (d) as
the Secretary considers appropriate to protect the interests of the
United States.
(f) Authorization of Appropriations.--To assist with the operation
of the facility there is authorized to be appropriated $150,000 per
year for a period not to exceed 10 years. | Authorizes the Secretary of the Interior to convey to the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc., specified federal land associated with the Lewis and Clark National Historic Trail in Nebraska, to be used as an historic site and interpretive center for the Trail. | A bill to authorize the Secretary of Interior to convey to The Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc. certain Federal land associated with the Lewis and Clark National Historic Trail in Nebraska, to be used as an historical interpretive site along the trail. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Trade Act of 2013''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The Internet has become an unprecedented medium for
competition, trade, free expression, and access to information.
(2) The Internet is a driver of the global economy and must
remain open, stable, and secure.
(3) Trade in Internet-enabled services and transfers of
data and other digital information have become increasingly
critical drivers of the economic growth of the United States.
The United States International Trade Commission found in a
July 2013 report, entitled ``Digital Trade in the U.S. and
Global Economies, Part 1'', that ``U.S. exports of digitally
enabled services (one measure of international digital trade)
grew from $282.1 billion in 2007 to $356.1 billion in 2011,
with exports exceeding imports every year''.
(4) The United States is the global leader in Internet-
enabled platforms, networks, and services. Certain liability
protections for those entities under the law of the United
States, which promote innovation and creativity and allow for
cooperative efforts to address harmful activity, have been
critical to the growth of the Internet economy in the United
States.
(5) According to McKinsey & Company, more than \3/4\ of the
value added by the Internet is in traditional industries.
(6) Internet-enabled commerce and digital trade benefits
small- and medium-size enterprises by providing unparalleled
access to global markets.
(7) Proposals have been put forward by some trading
partners of the United States to restrict the flow of lawful
information across borders. Those proposals would cause
increased government control over the Internet and could create
a fragmented Internet.
(8) Localization barriers to trade are frequently used to
protect, favor, or stimulate domestic industries at the expense
of industries in other countries. Those localization
requirements harm the competitiveness of and end-users in the
United States.
(9) Restrictive policies regarding the flow of information
across borders are nontariff barriers that are harmful to
innovation and economic advancement. Those policies impede
trade in digital products and services and constrain the
ability of United States companies from many sectors to
effectively operate across borders.
(10) Cross-border data flows are critical to manufacturers,
institutions of higher education, hospitals, retailers,
financial services firms, laboratories, and many other
organizations that use the Internet to improve their
productivity and manage global networks of customers,
suppliers, researchers, and employees.
(11) The free flow of information across borders provides
choices and reduces costs to consumers worldwide.
(12) The position of the United States Government has been
and is to advocate for the free flow of information across
borders.
(b) Sense of Congress.--It is the sense of Congress that--
(1) agencies in the executive branch, including the Office
of the United States Trade Representative, should be staffed
with experts and leaders to fulfill the mission of promoting an
open, global Internet that facilitates commerce and digital
trade; and
(2) private sector stakeholders should have the opportunity
to formally inform efforts of agencies in the executive branch
related to digital trade.
SEC. 3. NEGOTIATING PRINCIPLES FOR INTERNET-ENABLED COMMERCE AND
DIGITAL TRADE.
It shall be a negotiating principle of the United States in
negotiations for a bilateral, plurilateral, or multilateral agreement,
and in multi-stakeholder fora, to seek the inclusion of binding and
enforceable provisions that promote and enhance Internet-enabled
commerce and digital trade, including provisions--
(1) preventing or eliminating barriers to the movement of
electronic information across borders, including by encouraging
interoperability of data protection regimes and eliminating
barriers to accessing, processing, transferring, or storing
information;
(2) ensuring transparency in measures affecting the free
flow of information within and across borders;
(3) continuing the current practice of not imposing customs
duties on electronic transmissions;
(4) prohibiting measures that condition market access or
other commercial benefits on localization of data,
infrastructure, or investment;
(5) prohibiting any country from imposing measures that
require an entity to use computing infrastructure or services
in that country or otherwise require an entity to access,
process, transfer, or store data in the territory of that
country;
(6) ensuring that the Internet continues to operate within
the successful multi-stakeholder governance model;
(7) ensuring that provisions affecting intermediary
liability for Internet-enabled platforms, networks, and
services are consistent with the law of the United States;
(8) ensuring digital trade policies contemplate various
business activities across all industrial sectors and allow for
future technological advancement; and
(9) otherwise eliminating discriminatory treatment of
Internet-enabled commerce and digital trade. | Digital Trade Act of 2013 - Expresses the sense of Congress that: (1) executive branch agencies, including the Office of the United States Trade Representative, should be staffed with experts and leaders to promote an open, global Internet that facilitates commerce and digital trade; and (2) private sector stakeholders should have the opportunity to inform executive agency efforts related to digital trade. States that it shall be a U.S. negotiating principle in negotiations for a bilateral, plurilateral, or multilateral agreement, and in multi-stakeholder fora, to seek the inclusion of binding provisions that promote and enhance Internet-enabled commerce and digital trade. | Digital Trade Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Education Assistance
Creating Hope for Our Future Act of 2008'', or the ``TEACH for Our
Future Act of 2008''.
SEC. 2. FFEL PROGRAM LOAN FORGIVENESS FOR TEACHERS.
Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-
10) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Program Authorized.--
``(1) In general.--The Secretary shall carry out a program,
through the holder of the loan, of assuming the obligation to
repay a qualified loan amount for a loan made under section 428
or 428H, in accordance with subsection (c), for any borrower--
``(A) who--
``(i) has been employed as a full-time
elementary school or secondary school teacher
for 5 consecutive complete school years at any
public school; or
``(ii) is a new borrower on or after
October 1, 1998, and who has been employed as a
full-time private school teacher for 5
consecutive complete school years--
``(I) in a school that qualifies
under section 465(a)(2)(A) for loan
cancellation for Perkins loan
recipients who teach in such schools;
and
``(II) if employed as an elementary
school or secondary school teacher, is
highly qualified as defined in section
9101 of the Elementary Secondary
Education Act of 1965, or meets the
requirements of subsection (g)(3); and
``(B) who is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Special rule.--No borrower may obtain a reduction of
loan obligations under both this section and section 460.'';
(2) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Of the loan obligation on a loan made
under section 428 or 428H that is outstanding after the
completion of the fifth complete school year of teaching
described in subsection (b)(1)(A), the Secretary shall repay
not more than--
``(A) $25,000 in the aggregate for a borrower
described in subsection (b)(1)(A)(i); and
``(B) $5,000 in the aggregate for a borrower
described in subsection (b)(1)(A)(ii), except as
provided in paragraph (3) of this subsection.''; and
(B) in paragraph (3)--
(i) in the header, by inserting ``private
school'' before ``teachers'';
(ii) in subparagraph (A)(i), by striking
``subsection (b)'' and inserting ``subsection
(b)(1)(A)(ii)'';
(iii) in subparagraph (B)(i), by striking
``subsection (b)'' and inserting ``subsection
(b)(1)(A)(ii)''; and
(iv) in subparagraph (B)(iii), by striking
``public or'' before ``non-profit''; and
(3) in subsection (g)--
(A) in paragraph (1)(A), by striking ``(b)(1)(A)''
and inserting ``(b)(1)(A)(ii)(I)''; and
(B) in paragraph (3), by striking ``(b)(1)(B)'' and
inserting ``(b)(1)(A)(ii)(II)''.
SEC. 3. DIRECT LOAN PROGRAM LOAN FORGIVENESS FOR TEACHERS.
Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j)
is amended--
(1) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) In general.--The Secretary shall carry out a program
of canceling the obligation to repay a qualified loan amount in
accordance with subsection (c) for Federal Direct Stafford
Loans and Federal Direct Unsubsidized Stafford Loans made under
this part for any borrower--
``(A) who--
``(i) has been employed as a full-time
elementary school or secondary school teacher
for 5 consecutive complete school years at any
public school; or
``(ii) is a new borrower on or after
October 1, 1998, and who has been employed as a
full-time private school teacher for 5
consecutive complete school years--
``(I) in a school that qualifies
under section 465(a)(2)(A) for loan
cancellation for Perkins loan
recipients who teach in such schools;
and
``(II) if employed as an elementary
school or secondary school teacher, is
highly qualified as defined in section
9101 of the Elementary Secondary
Education Act of 1965, or meets the
requirements of subsection (g)(3); and
``(B) who is not in default on a loan for which the
borrower seeks forgiveness.'';
(2) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Of the loan obligation on a Federal
Direct Stafford Loan or a Federal Direct Unsubsidized Stafford
Loan that is outstanding after the completion of the fifth
complete school year of teaching described in subsection
(b)(1)(A), the Secretary shall cancel not more than--
``(A) $25,000 in the aggregate for a borrower
described in subsection (b)(1)(A)(i); and
``(B) $5,000 in the aggregate for a borrower
described in subsection (b)(1)(A)(ii), except as
provided in paragraph (3) of this subsection.''; and
(B) in paragraph (3)--
(i) in the header, by inserting ``private
school'' before ``teachers'';
(ii) in subparagraph (A)(i), by striking
``subsection (b)(1)'' and inserting
``subsection (b)(1)(A)(ii)'';
(iii) in subparagraph (B)(i), by striking
``subsection (b)(1)'' and inserting
``subsection (b)(1)(A)(ii)''; and
(iv) in subparagraph (B)(iii), by striking
``public or'' before ``non-profit''; and
(3) in subsection (g)--
(A) in paragraph (1)(A), by striking ``(b)(1)(A)''
and inserting ``(b)(1)(A)(ii)(I)''; and
(B) in paragraph (3), by striking ``(b)(1)(A)(ii)''
and inserting ``(b)(1)(A)(ii)(II)''. | Teacher Education Assistance Creating Hope for Our Future Act of 2008 or the TEACH for Our Future Act of 2008 - Amends the Higher Education Act of 1965 to expand the loan forgiveness available to public elementary and secondary school teachers under the Federal Family Education Loan (FFEL) and Direct Loan (DL) programs.
Makes inapplicable to public school teachers the requirements limiting loan forgiveness to: (1) new borrowers on or after October 1, 1998; and (2) highly qualified teachers in certain schools that serve a high proportion of disadvantaged students. Maintains the requirement that such teachers teach full-time for five consecutive complete school years before becoming eligible for loan forgiveness.
Raises to $25,000 the amount of the FFEL or DL outstanding that may be forgiven after a public school teacher's fifth complete school year of teaching.
Maintains current loan forgiveness eligibility requirements for private elementary and secondary school teachers. | To amend the Higher Education Act of 1965 to expand teacher loan forgiveness. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senator Paul Simon Water for the
Poor Enhancement Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Senator Paul Simon Water for the Poor Act of 2005
(Public Law 109-121)--
(A) makes access to safe water and sanitation for
developing countries a specific policy objective of
United States foreign assistance programs;
(B) requires the Secretary of State to--
(i) develop a strategy to elevate the role
of water and sanitation policy; and
(ii) improve the effectiveness of United
States assistance programs undertaken in
support of that strategy;
(C) codifies Target 10 of the United Nations
Millennium Development Goals; and
(D) seeks to reduce the proportion of people who
are unable to reach or afford safe drinking water and
basic sanitation by 50 percent by 2015.
(2) On December 20, 2006, the United Nations General
Assembly, in GA Resolution 61/192, declared 2008 as the
International Year of Sanitation, in recognition of the impact
of sanitation on public health, poverty reduction, economic and
social development, and the environment.
(3) On August 1, 2008, Congress passed H. Con. Res. 318,
which--
(A) supports the goals and ideals of the
International Year of Sanitation; and
(B) recognizes the importance of sanitation on
public health, poverty reduction, economic and social
development, and the environment.
(4) While progress is being made on safe water and
sanitation efforts--
(A) more than 884,000,000 people throughout the
world lack access to safe drinking water; and
(B) 2 of every 5 people in the world do not have
access to basic sanitation services.
(5) The health consequences of unsafe drinking water and
poor sanitation are staggering, accounting for--
(A) nearly 10 percent of the global burden of
disease; and
(B) more than 2,000,000 deaths each year.
(6) The effects of climate change are expected to produce
severe consequences for water availability and resource
management in the future, with 2,800,000,000 people in more
than 48 countries expected to face severe and chronic water
shortages by 2025.
(7) The impact of water scarcity on conflict and
instability is evident in many parts of the world, including
the Darfur region of Sudan, where demand for water resources
has contributed to armed conflict between nomadic ethnic groups
and local farming communities.
(8) In order to further the United States contribution to
safe water and sanitation efforts, it is necessary to--
(A) expand foreign assistance capacity to address
the challenges described in this section; and
(B) represent issues related to water and
sanitation at the highest levels of United States
foreign assistance deliberations, including
deliberations related to issues of global health, food
security, the environment, global warming, and maternal
and child mortality.
SEC. 3. PURPOSE.
The purpose of this Act is to enhance the capacity of the United
States Government to fully implement the Senator Paul Simon Water for
the Poor Act of 2005 (Public Law 109-121).
SEC. 4. DEVELOPING UNITED STATES GOVERNMENT CAPACITY.
Section 135 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151h)
is amended by adding at the end the following:
``(e) Office of Water.--
``(1) Establishment.--To carry out the purposes of
subsection (a), the Administrator of the United States Agency
for International Development shall establish the Office of
Water.
``(2) Leadership.--The Office of Water shall be headed by
an Assistant Administrator for Safe Water and Sanitation, who
shall report directly to the Administrator.
``(3) Duties.--The Assistant Administrator shall--
``(A) implement this section and the Senator Paul
Simon Water for the Poor Act of 2005 (Public Law 109-
121); and
``(B) place primary emphasis on providing safe,
affordable, and sustainable drinking water, sanitation,
and hygiene.
``(f) Bureau of International Water.--
``(1) Establishment.--To increase the capacity of the
Department of State to address international issues regarding
safe water, sanitation, and other international water programs,
the Secretary of State shall establish the Bureau for
International Water within the Office of the Under Secretary
for Democracy and Global Affairs (referred to in this
subsection as the `Bureau').
``(2) Duties.--The Bureau shall--
``(A) oversee and coordinate the diplomatic policy
of the United States Government with respect to global
freshwater issues, including--
``(i) access to safe drinking water and
sanitation;
``(ii) river basin and watershed
management;
``(iii) transboundary conflict;
``(iv) agricultural and urban productivity
of water resources;
``(v) pollution mitigation; and
``(vi) adaptation to hydrologic change due
to climate variability; and
``(B) ensure that international freshwater issues
are represented--
``(i) within the United States Government;
and
``(ii) in key diplomatic, development, and
scientific efforts with other nations and
multilateral organizations.''.
SEC. 5. SAFE WATER AND SANITATION STRATEGY.
Section 6(e) of the Senator Paul Simon Water for the Poor Act of
2005 (Public Law 109-121) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) an assessment of the extent to which the United
States Government's efforts are reaching the goal described in
section 135(a)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2152h(a)(2)); and
``(8) recommendations on what the United States Government
would need to do to help achieve the goal referred to in
paragraph (7) if the United States Government's efforts were
proportional to its share of the world's economy.''.
SEC. 6. DEVELOPING LOCAL CAPACITY.
The Senator Paul Simon Water for the Poor Act of 2005 (Public Law
109-121) is amended--
(1) by redesignating sections 9, 10, and 11 as sections 10,
11, and 12, respectively; and
(2) by inserting after section 8 the following:
``SEC. 9. WATER AND SANITATION MANAGERS TRAINING PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary of State and the
Administrator of the United States Agency for International
Development shall establish, in every priority country, a
program to train local, in-country water and sanitation
managers, and other officials of countries that receive
assistance under section 135 of the Foreign Assistance Act of
1961 to promote the capacity of recipient governments to
provide affordable, equitable, and sustainable access to safe
drinking water and sanitation.
``(2) Coordination.--The program established under
subsection (a) shall be coordinated by the lead country water
manager designated in subsection (c)(2).
``(3) Expansion.--The Secretary and Administrator may
establish the program described in this section in additional
countries if the receipt of such training would be most
beneficial, with due consideration given to good governance.
``(b) Designation.--The United States Chief of Mission within each
country receiving a `high priority' designation under section 6(f)
shall--
``(1) designate safe drinking water and sanitation as a
strategic objective;
``(2) appoint an in-country water and sanitation manager
within the Mission to coordinate the in-country implementation
of this Act and section 135 of the Foreign Assistance Act of
1961 with local water managers, local government officials, the
Department of State, and the Office of Water of the United
States Agency for International Development; and
``(3) coordinate with the Development Credit Authority and
the Global Development Alliance to further the purposes of this
Act.''.
SEC. 7. GRANTS FOR LOW COST CLEAN WATER AND SANITATION TECHNOLOGIES.
Section 135(c) of the Foreign Assistance Act (22 U.S.C. 2152h(c))
is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end;
and
(3) by adding at the end the following:
``(5) provide grants through the United States Agency for
International Development to foster the development of low cost
and sustainable technologies for providing clean water and
sanitation that are suitable for use in high priority
countries, particularly in places with limited resources and
infrastructure.''.
SEC. 8. UPDATED REPORT REGARDING WATER FOR PEACE AND SECURITY.
Section 11(b) of the Senator Paul Simon Water for the Poor Act of
2005, as redesignated by section 6, is amended by adding at the end the
following: ``The report submitted under this subsection shall include
an assessment of current and likely future political tensions over
water sources and an assessment of the expected impacts of global
climate change on water supplies in 10, 25, and 50 years.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2009 and
each subsequent fiscal year such sums as may be necessary to carry out
this Act and the amendments made by this Act.
SEC. 10. CONSTRUCTION.
This Act shall be implemented in a manner consistent with the
Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109-121).
Nothing in this Act shall be construed in such a way as to override or
take precedence over the implementation of that Act. | Senator Paul Simon Water for the Poor Enhancement Act of 2008 - Amends the Foreign Assistance Act of 1961 to direct the Administrator of the United States Agency for International Development (USAID) to establish the Office of Water which shall: (1) implement the Senator Paul Simon Water for the Poor Act of 2005; and (2) place primary emphasis on providing safe drinking water, sanitation, and hygiene.
Directs the Secretary of State to establish the Bureau for International Water within the Office of the Under Secretary for Democracy and Global Affairs which shall: (1) coordinate U.S. diplomatic policy regarding global freshwater issues; and (2) ensure that international freshwater issues are represented within the U.S. government.
Amends the Senator Paul Simon Water for the Poor Act of 2005 to: (1) direct the Secretary and the Administrator to establish in every priority country a program to train local water and sanitation managers to promote government capacity to provide access to safe drinking water and sanitation; and (2) require that the water for peace and security report includes an assessment of current and likely future political tensions over water sources and an assessment of the future impacts of global climate change on water supplies.
Amends the Foreign Assistance Act of 1961 to authorize grants through USAID to develop technologies for providing clean water and sanitation in high priority countries with limited resources and infrastructure. | A bill to enhance the capacity of the United States Government to fully implement the Senator Paul Simon Water for the Poor Act of 2005 and to improve access to safe drinking water and sanitation throughout the world. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equity in Social Security Act of
2010''.
SEC. 2. TREATMENT OF PERMANENT PARTNERSHIPS UNDER TITLE II OF THE
SOCIAL SECURITY ACT.
(a) In General.--Section 216 of the Social Security Act (42 U.S.C.
416) is amended by adding at the end the following new subsection:
``Permanent Partnership
``(m)(1) Notwithstanding any other provision of this title and
under regulations of the Commissioner of Social Security prescribed as
required under paragraph (3)--
``(A) In any case in which the Commissioner determines, in
connection with the application by (or on behalf of) an
individual for a benefit under this title, that a current or
former marriage between the applicant and another individual,
or between 2 other individuals, is a prerequisite for
entitlement of the applicant to such benefit and the
application designates, for treatment as such a marriage for
purposes of such application, an arrangement between 2
individuals of the same gender--
``(i) if the Commissioner determines that such
arrangement is (or was) a permanent partnership within
the meaning of paragraph (2), such arrangement shall be
treated for purposes of this title as a marriage of
such individuals; and
``(ii) each female party to such arrangement shall
be treated as a wife with respect to such arrangement
(referencing the other party as such individual's
spouse in connection with such arrangement) and each
male party to such arrangement shall be treated as a
husband with respect to such arrangement (referencing
the other party as such individual's spouse in
connection with such arrangement).
``(B) An arrangement between individuals of the same gender
shall be treated as a former marriage under subparagraph (A) in
connection with an application for benefits under this title
only if the Commissioner determines that such arrangement has
been dissolved under the laws of the State of domicile of the
applicant. In any case in which the Commissioner determines
that such an arrangement has been so dissolved--
``(i) the dissolution of such arrangement shall be
treated as a divorce with respect to such arrangement;
and
``(ii) each female individual who was a party to
such arrangement shall be treated as a divorced wife
with respect to such arrangement (referencing the other
party as such individual's divorced spouse in
connection with such arrangement) and each male
individual who was a party to such arrangement shall be
treated as a divorced husband with respect to such
arrangement (referencing the other party as the
applicant's divorced spouse in connection with such
arrangement).
``(C) In any case in which the Commissioner determines
that, after an individual entitled to a monthly insurance
benefit under section 202 became so entitled, such individual
and another individual of the same gender have entered into an
arrangement that constitutes a permanent partnership, such
arrangement shall be treated as a marriage of such individuals
for purposes of any provision of such section providing for
termination of such entitlement upon marriage or remarriage.
``(D) Upon receipt by the Commissioner of an application by
(or on behalf of) an individual for a benefit under this title
containing certification by (or on behalf of) the applicant,
submitted in such form and manner as shall be prescribed in
such regulations, that the applicant is a stepchild or adopted
child of an individual who is or was a party to an arrangement
consisting of a permanent partnership, if such arrangement is
treated as a marriage under subparagraph (A) and, under the
laws of the domicile of the applicant, the applicant is, at the
time of such application, treated as a stepchild or adopted
child of such party to such arrangement, the applicant shall be
treated as such a stepchild or adopted child of such party
(referencing such party as a parent of the applicant).
``(E) Upon receipt by the Commissioner of an application by
(or on behalf of) an individual for a benefit under this title
containing certification by (or on behalf of) the applicant,
submitted in such form and manner as shall be prescribed in
such regulations, that the applicant is or was a party to an
arrangement consisting of a permanent partnership and that the
applicant is a parent of an individual who is a stepchild or
adopted child of the applicant with respect to such
arrangement, if such arrangement is treated as a marriage under
subparagraph (A) and, under the laws of the domicile of the
applicant, the applicant is, at the time of such application,
treated as a parent of such individual with respect to such
arrangement, the applicant shall be treated as such a parent of
such individual (referencing such individual as a stepchild or
adopted child of the applicant).
``(2) For purposes of this subsection, the term `permanent
partnership' means, in connection with any individual, a committed,
intimate arrangement which is between such individual and another
individual who have both attained 18 years of age and which has been
recognized and certified as legally valid by the State of domicile of
the applicant, in any case in which--
``(A) each such individual intends a lifelong commitment to
the other;
``(B) such individuals are financially interdependent;
``(C) such individuals are unable to contract with each
other a marriage cognizable under this title (other than as
provided in this subsection);
``(D) each such individual is not a first, second, or third
degree blood relation of the other individual, and;
``(E) each such individual is neither married (within the
meaning of this title other than as provided in this
subsection) to, nor in a relationship described in the
preceding provisions of this paragraph with, any third
individual.
``(3) The Commissioner shall prescribe such regulations as are
necessary to carry out the provisions of this subsection. In
prescribing such regulations, the Commissioner shall take into account
the laws of the State of domicile of an applicant for benefits under
this title so as to ensure that such provisions, together with the
other provisions of this title as applied in accordance with this
subsection, are appropriately coordinated with each other and with the
laws of such State.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to monthly insurance benefits for months after November
2011 for which applications are filed after December 31, 2011, and with
respect to lump-sum death payments in connection with deaths occuring
after such date. | Equity in Social Security Act of 2010 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to authorize the treatment of permanent partnerships between individuals of the same gender as marriage for purposes of determining entitlement to OASDI benefits. | To amend title II of the Social Security Act to provide for treatment of permanent partnerships between individuals of the same gender as marriage for purposes of determining entitlement to benefits under such title. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Health Information
Technology Financing Act''.
SEC. 2. SMALL BUSINESS HEALTH INFORMATION TECHNOLOGY FINANCING PROGRAM.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by
redesignating section 44 as section 45 and by inserting the following
new section after section 43:
``SEC. 44. LOAN GUARANTEES FOR HEALTH INFORMATION TECHNOLOGY.
``(a) Definitions.--As used in this section:
``(1) The term `health information technology' means
computer hardware, software, and related technology that
supports the meaningful EHR use requirements set forth in
section 1848(o)(2)(A) of the Social Security Act (42 U.S.C.
1395w-4(o)(2)(A)) and is purchased by an eligible professional
to aid in the provision of health care in a health care
setting, including, but not limited to, electronic medical
records, and that provides for--
``(A) enhancement of continuity of care for
patients through electronic storage, transmission, and
exchange of relevant personal health data and
information, such that this information is accessible
at the times and places where clinical decisions will
be or are likely to be made;
``(B) enhancement of communication between patients
and health care providers;
``(C) improvement of quality measurement by
eligible professionals enabling them to collect, store,
measure, and report on the processes and outcomes of
individual and population performance and quality of
care;
``(D) improvement of evidence-based decision
support; or
``(E) enhancement of consumer and patient
empowerment.
Such term shall not include information technology whose sole
use is financial management, maintenance of inventory of basic
supplies, or appointment scheduling.
``(2) The term `eligible professional' means any of the
following:
``(A) A physician (as defined in section 1861(r) of
the Social Security Act (42 U.S.C. 1395x(r))).
``(B) A practitioner described in section
1842(b)(18)(C) of that Act.
``(C) A physical or occupational therapist or a
qualified speech-language pathologist.
``(D) A qualified audiologist (as defined in
section 1861(ll)(3)(B)) of that Act.
``(E) A qualified medical transcriptionist who is
either certified by or registered with the Association
for Healthcare Documentation Integrity, or a successor
association thereto.
``(F) A State-licensed pharmacist.
``(G) A State-licensed supplier of durable medical
equipment, prosthetics, orthotics, or supplies.
``(H) A State-licensed, a State-certified, or a
nationally accredited home health care provider.
``(3) The term `qualified eligible professional' means an
eligible professional whose office can be classified as a small
business concern by the Administrator for purposes of this Act
under size standards established under section 3 of this Act.
``(4) The term `qualified medical transcriptionist' means a
specialist in medical language and the healthcare documentation
process who interprets and transcribes dictation by physicians
and other healthcare professionals to ensure accurate,
complete, and consistent documentation of healthcare
encounters.
``(b) Loan Guarantees for Qualified Eligible Professionals.--
``(1) In general.--Subject to paragraph (2), the
Administrator may guarantee up to 90 percent of the amount of a
loan made to a qualified eligible professional to be used for
the acquisition of health information technology for use in
such eligible professional's medical practice and for the costs
associated with the installation of such technology. Except as
otherwise provided in this section, the terms and conditions
that apply to loans made under section 7(a) of this Act shall
apply to loan guarantees made under this section.
``(2) Limitations on guarantee amounts.--The maximum amount
of loan principal guaranteed under this subsection may not
exceed--
``(A) $350,000 with respect to any single qualified
eligible professional; and
``(B) $2,000,000 with respect to a single group of
affiliated qualified eligible professionals.
``(c) Fees.--(1) The Administrator may impose a guarantee fee on
the borrower for the purpose of reducing the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990) of the
guarantee to zero in an amount not to exceed 2 percent of the total
guaranteed portion of any loan guaranteed under this section. The
Administrator may also impose annual servicing fees on lenders not to
exceed 0.5 percent of the outstanding balance of the guarantees on
lenders' books.
``(2) No service fees, processing fees, origination fees,
application fees, points, brokerage fees, bonus points, or other fees
may be charged to a loan applicant or recipient by a lender in the case
of a loan guaranteed under this section.
``(d) Deferral Period.--Loans guaranteed under this section shall
carry a deferral period of not less than 1 year and not more than 3
years. The Administrator shall have the authority to subsidize interest
during the deferral period.
``(e) Effective Date.--No loan may be guaranteed under this section
until the meaningful EHR use requirements have been determined by the
Secretary of Health and Human Services.
``(f) Sunset.--No loan may be guaranteed under this section after
the date that is 7 years after meaningful EHR use requirements have
been determined by the Secretary of Health and Human Services.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990) of
guaranteeing $10,000,000,000 in loans under this section. The
Administrator shall determine such program cost separately and
distinctly from other programs operated by the Administrator.''.
SEC. 3. 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 18, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Small Business Health Information Technology Financing Act - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee up to 90% of the amount of a loan, up to specified loan amounts, to a small business health professional to be used for the acquisition and installation of health information technology for the professional's medical practice. Defines the term "health information technology" to mean computer hardware, software, and related technology that supports the meaningful electronic health record use requirements of title XVIII (Medicare) of the Social Security Act and is purchased by an eligible professional to aid in the provision of health care, including electronic medical records, but excludes information technology whose sole use is financial management, maintenance of inventory of basic supplies, or appointment scheduling. Sets loan limits at $350,000 for an individual professional and $2 million for a group of affiliated professionals. Authorizes the Administrator to impose a guarantee fee on such borrowers, but prohibits any service, processing, or other fees. Allows such loans for a period of not less than one year or more than three years.
Authorizes appropriations. | To amend the Small Business Act to provide loan guarantees for the acquisition of health information technology by eligible professionals in solo and small group practices, and for other purposes. |
SECTION 1. ELECTION TO TAKE OWNERSHIP, OR TO DECLINE OWNERSHIP, OF A
CERTAIN ITEM OF COMPLEX DURABLE MEDICAL EQUIPMENT AFTER
THE 13-MONTH CAPPED RENTAL PERIOD ENDS.
(a) In General.--Section 1834(a)(7)(A) of the Social Security Act
(42 U.S.C. 1395m(a)(7)(A)) is amended--
(1) in clause (ii)--
(A) by striking ``rental.--On'' and inserting
``rental.--
``(I) In general.--Except as
provided in subclause (II), on''; and
(B) by adding at the end the following new
subclause:
``(II) Option to accept or reject
transfer of title to group 3 support
surface.--
``(aa) In general.--During
the 10th continuous month
during which payment is made
for the rental of a Group 3
Support Surface under clause
(i), the supplier of such item
shall offer the individual the
option to accept or reject
transfer of title to a Group 3
Support Surface after the 13th
continuous month during which
payment is made for the rental
of the Group 3 Support Surface
under clause (i). Such title
shall be transferred to the
individual only if the
individual notifies the
supplier not later than 1 month
after the supplier makes such
offer that the individual
agrees to accept transfer of
the title to the Group 3
Support Surface. Unless the
individual accepts transfer of
title to the Group 3 Support
Surface in the manner set forth
in this subclause, the
individual shall be deemed to
have rejected transfer of
title. If the individual agrees
to accept the transfer of the
title to the Group 3 Support
Surface, the supplier shall
transfer such title to the
individual on the first day
that begins after the 13th
continuous month during which
payment is made for the rental
of the Group 3 Support Surface
under clause (i). If the
supplier transfers title to the
Group 3 Support Surface under
this subclause, payments for
maintenance and servicing after
the transfer of title shall be
made in accordance with clause
(iv). If the individual rejects
transfer of title under this
subclause, payments for
maintenance and servicing after
the end of the period of
medical need during which
payment is made under clause
(i) shall be made in accordance
with clause (v).
``(bb) Special rule.--If,
on the effective date of this
subclause, an individual's
rental period for a Group 3
Support Surface has exceeded 10
continuous months, but the
first day that begins after the
13th continuous month during
which payment is made for the
rental under clause (i) has not
been reached, the supplier
shall, within 1 month following
such effective date, offer the
individual the option to accept
or reject transfer of title to
a Group 3 Support Surface. Such
title shall be transferred to
the individual only if the
individual notifies the
supplier not later than 1 month
after the supplier makes such
offer that the individual
agrees to accept transfer of
title to the Group 3 Support
Surface. Unless the individual
accepts transfer of title to
the Group 3 Support Surface in
the manner set forth in this
subclause, the individual shall
be deemed to have rejected
transfer of title. If the
individual agrees to accept the
transfer of the title to the
Group 3 Support Surface, the
supplier shall transfer such
title to the individual on the
first day that begins after the
13th continuous month during
which payment is made for the
rental of the Group 3 Support
Surface under clause (i) unless
that day has passed, in which
case the supplier shall
transfer such title to the
individual not later than 1
month after notification that
the individual accepts transfer
of title. If the supplier
transfers title to the Group 3
Support Surface under this
subclause, payments for
maintenance and servicing after
the transfer of title shall be
made in accordance with clause
(iv). If the individual rejects
transfer of title under this
subclause, payments for
maintenance and servicing after
the end of the period of
medical need during which
payment is made under clause
(i) shall be made in accordance
with clause (v).'';
(2) in clause (iv), in the heading, by inserting ``after
transfer of title'' after ``servicing''; and
(3) by adding at the end the following new clause:
``(v) Maintenance and servicing of group 3
support surface if individual rejects transfer
of title.--In the case of a Group 3 Support
Surface for which the individual has rejected
transfer of title under subclause (ii)(II)--
``(I) during the first 6-month
period of medical need that follows the
period of medical need during which
payment is made under clause (i), no
payment shall be made for rental or
maintenance and servicing of the Group
3 Support Surface; and
``(II) during the first month of
each succeeding 6-month period of
medical need, a maintenance and
servicing payment may be made (for
parts and labor not covered by the
supplier's or manufacturer's warranty,
as determined by the Secretary to be
appropriate for the Group 3 Support
Surface) and the amount recognized for
each such 6-month period is the lower
of--
``(aa) a reasonable and
necessary maintenance and
servicing fee or fees
established by the Secretary;
or
``(bb) 10 percent of the
total of the purchase price
recognized under paragraph (8)
with respect to the Group 3
Support Surface.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act. | Amends title XVIII (Medicare) of the Social Security Act to permit a Medicare beneficiary to elect to take, or decline to take, ownership of a Group 3 Support Surface item of complex durable medical equipment (DME) after the 13-month capped rental period ends. | To amend title XVIII of the Social Security Act to permit a Medicare beneficiary to elect to take ownership, or to decline ownership, of a certain item of complex durable medical equipment after the 13-month capped rental period ends. |
SECTION 1. SAFE HARBORS TO ANTIKICKBACK CIVIL PENALTIES AND CRIMINAL
PENALTIES FOR PROVISION OF HEALTH INFORMATION TECHNOLOGY
AND TRAINING SERVICES.
(a) For Civil Penalties.--Section 1128A of the Social Security Act
(42 U.S.C. 1320a-7a) is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(4) For purposes of this subsection, inducements to
reduce or limit services described in paragraph (1) shall not
include the practical or other advantages resulting from health
information technology or related installation, maintenance,
support, or training services.''; and
(2) in subsection (i), by adding at the end the following
new paragraph:
``(8) The term `health information technology' means
hardware, software, license, right, intellectual property,
equipment, or other information technology (including new
versions, upgrades, and connectivity) designed or provided
primarily for the electronic creation, maintenance, or exchange
of health information to better coordinate care or improve
health care quality, efficiency, or research.''.
(b) For Criminal Penalties.--Section 1128B of such Act (42 U.S.C.
1320a-7b) is amended--
(1) in subsection (b)(3)--
(A) in subparagraph (G), by striking ``and'' at the
end;
(B) in the subparagraph (H) added by section 237(d)
of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2213)--
(i) by moving such subparagraph 2 ems to
the left; and
(ii) by striking the period at the end and
inserting a semicolon;
(C) in the subparagraph (H) added by section 431(a)
of such Act (117 Stat. 2287)--
(i) by redesignating such subparagraph as
subparagraph (I);
(ii) by moving such subparagraph 2 ems to
the left; and
(iii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(J) any nonmonetary remuneration (in the form of
health information technology, as defined in section
1128A(i)(8), or related installation, maintenance,
support, or training services) made to a person by a
specified entity (as defined in subsection (g)) if--
``(i) the provision of such remuneration is
without an agreement between the parties or
legal condition that--
``(I) limits or restricts the use
of the health information technology to
services provided by the physician to
individuals receiving services at the
specified entity;
``(II) limits or restricts the use
of the health information technology in
conjunction with other health
information technology; or
``(III) conditions the provision of
such remuneration on the referral of
patients or business to the specified
entity;
``(ii) such remuneration is arranged for in
a written agreement that is signed by the
parties involved (or their representatives) and
that specifies the remuneration solicited or
received (or offered or paid) and states that
the provision of such remuneration is made for
the primary purpose of better coordination of
care or improvement of health quality,
efficiency, or research; and
``(iii) the specified entity providing the
remuneration (or a representative of such
entity) has not taken any action to disable any
basic feature of any hardware or software
component of such remuneration that would
permit interoperability.''; and
(2) by adding at the end the following new subsection:
``(g) Specified Entity Defined.--For purposes of subsection
(b)(3)(J), the term `specified entity' means an entity that is a
hospital, group practice, prescription drug plan sponsor, a Medicare
Advantage organization, or any other such entity specified by the
Secretary, considering the goals and objectives of this section, as
well as the goals to better coordinate the delivery of health care and
to promote the adoption and use of health information technology.''.
(c) Effective Date and Effect on State Laws.--
(1) Effective date.--The amendments made by subsections (a)
and (b) shall take effect on the date that is 120 days after
the date of the enactment of this Act.
(2) Preemption of state laws.--No State (as defined in
section 1101(a) of the Social Security Act (42 U.S.C. 1301(a))
for purposes of title XI of such Act) shall have in effect a
State law that imposes a criminal or civil penalty for a
transaction described in section 1128A(b)(4) or section
1128B(b)(3)(J) of such Act, as added by subsections (a)(1) and
(b), respectively, if the conditions described in the
respective provision, with respect to such transaction, are
met.
(d) Study and Report To Assess Effect of Safe Harbors on Health
System.--
(1) In general.--The Secretary of Health and Human Services
shall conduct a study to determine the impact of each of the
safe harbors described in paragraph (3). In particular, the
study shall examine the following:
(A) The effectiveness of each safe harbor in
increasing the adoption of health information
technology.
(B) The types of health information technology
provided under each safe harbor.
(C) The extent to which the financial or other
business relationships between providers under each
safe harbor have changed as a result of the safe harbor
in a way that adversely affects or benefits the health
care system or choices available to consumers.
(D) The impact of the adoption of health
information technology on health care quality, cost,
and access under each safe harbor.
(2) Report.--Not later than three years after the effective
date described in subsection (c)(1), the Secretary of Health
and Human Services shall submit to Congress a report on the
study under paragraph (1).
(3) Safe harbors described.--For purposes of paragraphs (1)
and (2), the safe harbors described in this paragraph are--
(A) the safe harbor under section 1128A(b)(4) of
such Act (42 U.S.C. 1320a-7a(b)(4)), as added by
subsection (a)(1); and
(B) the safe harbor under section 1128B(b)(3)(J) of
such Act (42 U.S.C. 1320a-7b(b)(3)(J)), as added by
subsection (b).
SEC. 2. EXCEPTION TO LIMITATION ON CERTAIN PHYSICIAN REFERRALS (UNDER
STARK) FOR PROVISION OF HEALTH INFORMATION TECHNOLOGY AND
TRAINING SERVICES TO HEALTH CARE PROFESSIONALS.
(a) In General.--Section 1877(b) of the Social Security Act (42
U.S.C. 1395nn(b)) is amended by adding at the end the following new
paragraph:
``(6) Information technology and training services.--
``(A) In general.--Any nonmonetary remuneration (in
the form of health information technology or related
installation, maintenance, support or training
services) made by a specified entity to a physician
if--
``(i) the provision of such remuneration is
without an agreement between the parties or
legal condition that--
``(I) limits or restricts the use
of the health information technology to
services provided by the physician to
individuals receiving services at the
specified entity;
``(II) limits or restricts the use
of the health information technology in
conjunction with other health
information technology; or
``(III) conditions the provision of
such remuneration on the referral of
patients or business to the specified
entity;
``(ii) such remuneration is arranged for in
a written agreement that is signed by the
parties involved (or their representatives) and
that specifies the remuneration made and states
that the provision of such remuneration is made
for the primary purpose of better coordination
of care or improvement of health quality,
efficiency, or research; and
``(iii) the specified entity (or a
representative of such entity) has not taken
any action to disable any basic feature of any
hardware or software component of such
remuneration that would permit
interoperability.
``(B) Health information technology defined.--For
purposes of this paragraph, the term `health
information technology' means hardware, software,
license, right, intellectual property, equipment, or
other information technology (including new versions,
upgrades, and connectivity) designed or provided
primarily for the electronic creation, maintenance, or
exchange of health information to better coordinate
care or improve health care quality, efficiency, or
research.
``(C) Specified entity defined.--For purposes of
this paragraph, the term `specified entity' means an
entity that is a hospital, group practice, prescription
drug plan sponsor, a Medicare Advantage organization,
or any other such entity specified by the Secretary,
considering the goals and objectives of this section,
as well as the goals to better coordinate the delivery
of health care and to promote the adoption and use of
health information technology.''.
(b) Effective Date; Effect on State Laws.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date that is 120 days after the date
of the enactment of this Act.
(2) Preemption of state laws.--No State (as defined in
section 1101(a) of the Social Security Act (42 U.S.C. 1301(a))
for purposes of title XI of such Act) shall have in effect a
State law that imposes a criminal or civil penalty for a
transaction described in section 1877(b)(6) of such Act, as
added by subsection (a), if the conditions described in such
section, with respect to such transaction, are met.
(c) Study and Report To Assess Effect of Exception on Health
System.--
(1) In general.--The Secretary of Health and Human Services
shall conduct a study to determine the impact of the exception
under section 1877(b)(6) of such Act (42 U.S.C. 1395nn(b)(6)),
as added by subsection (a). In particular, the study shall
examine the following:
(A) The effectiveness of the exception in
increasing the adoption of health information
technology.
(B) The types of health information technology
provided under the exception.
(C) The extent to which the financial or other
business relationships between providers under the
exception have changed as a result of the exception in
a way that adversely affects or benefits the health
care system or choices available to consumers.
(D) The impact of the adoption of health
information technology on health care quality, cost,
and access under the exception.
(2) Report.--Not later than three years after the effective
date described in subsection (b)(1), the Secretary of Health
and Human Services shall submit to Congress a report on the
study under paragraph (1).
SEC. 3. RULES OF CONSTRUCTION REGARDING USE OF CONSORTIA.
(a) Application to Safe Harbor From Criminal Penalties.--Section
1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is
amended by adding after and below subparagraph (J), as added by section
1(b)(1), the following: ``For purposes of subparagraph (J), nothing in
such subparagraph shall be construed as preventing a specified entity,
consistent with the specific requirements of such subparagraph, from
forming a consortium composed of health care providers, payers,
employers, and other interested entities to collectively purchase and
donate health information technology, or from offering health care
providers a choice of health information technology products in order
to take into account the varying needs of such providers receiving such
products.''.
(b) Application to Stark Exception.--Paragraph (6) of section
1877(b) of the Social Security Act (42 U.S.C. 1395nn(b)), as added by
section 2(a), is amended by adding at the end the following new
subparagraph:
``(D) Rule of construction.--For purposes of
subparagraph (A), nothing in such subparagraph shall be
construed as preventing a specified entity, consistent
with the specific requirements of such subparagraph,
from--
``(i) forming a consortium composed of
health care providers, payers, employers, and
other interested entities to collectively
purchase and donate health information
technology; or
``(ii) offering health care providers a
choice of health information technology
products in order to take into account the
varying needs of such providers receiving such
products.''. | Amends title XI of the Social Security Act to exclude (provide safe harbors for) the practical or other advantages resulting from health information technology or related installation, maintenance, support, or training services from the ban on hospital payments to physicians (kickbacks) to induce reduction or limitation of services, which are subject to antikickback civil penalties. Exempts related nonmonetary remunerations meeting specified requirements from criminal penalties.
Requires the Secretary of Health and Human Services (HHS) to assess and report to Congress on the effect of these safe harbors on the health system, especially the adoption of health information technology.
Amends SSA title XVIII (Medicare) to except from the limitation on certain physician referrals the provision of health information technology and training services to health care professionals.
Requires the Secretary to assess and report to Congress similarly on the impact of this exception on the health system, especially the adoption of health information technology. | To amend titles XI and XVIII of the Social Security Act to promote the use of health information technology to better coordinate health care. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Compensation Cost-of-
Living Adjustment Act of 2016''.
SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND
INDEMNITY COMPENSATION.
(a) Rate Adjustment.--Effective on December 1, 2016, the Secretary
of Veterans Affairs shall increase, in accordance with subsection (c),
the dollar amounts in effect on November 30, 2016, for the payment of
disability compensation and dependency and indemnity compensation under
the provisions specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
(1) Wartime disability compensation.--Each of the dollar
amounts under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts under section 1115(1) of such title.
(3) Clothing allowance.--The dollar amount under section
1162 of such title.
(4) Dependency and indemnity compensation to surviving
spouse.--Each of the dollar amounts under subsections (a)
through (d) of section 1311 of such title.
(5) Dependency and indemnity compensation to children.--
Each of the dollar amounts under sections 1313(a) and 1314 of
such title.
(c) Determination of Increase.--
(1) Percentage.--Except as provided in paragraph (2), each
dollar amount described in subsection (b) shall be increased by
the same percentage as the percentage by which benefit amounts
payable under title II of the Social Security Act (42 U.S.C.
401 et seq.) are increased effective December 1, 2016, as a
result of a determination under section 215(i) of such Act (42
U.S.C. 415(i)).
(2) Rounding.--Each dollar amount increased under paragraph
(1), if not a whole dollar amount, shall be rounded to the next
lower whole dollar amount.
(d) Special Rule.--The Secretary of Veterans Affairs may adjust
administratively, consistent with the increases made under subsection
(a), the rates of disability compensation payable to persons under
section 10 of Public Law 85-857 (72 Stat. 1263) who have not received
compensation under chapter 11 of title 38, United States Code.
(e) Publication of Adjusted Rates.--The Secretary of Veterans
Affairs shall publish in the Federal Register the amounts specified in
subsection (b), as increased under this section, not later than the
date on which the matters specified in section 215(i)(2)(D) of the
Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be
published by reason of a determination made under section 215(i) of
such Act during fiscal year 2017.
SEC. 3. TRANSPORTATION OF DECEASED VETERANS TO VETERANS' CEMETERIES.
(a) In General.--Subsection (a) of section 2308 of title 38, United
States Code, is amended to read as follows:
``(a) In General.--(1) The Secretary may pay, in addition to any
amount paid pursuant to section 2302 or 2307 of this title, the cost of
transportation of the deceased veteran described in paragraph (1) or
(2) of subsection (b) for burial in a national cemetery or a covered
veterans' cemetery. Such payment shall not exceed the cost of
transportation to the national cemetery nearest the veteran's last
place of residence in which burial space is available.
``(2) The Secretary may pay, in addition to any amount paid
pursuant to section 2302 or 2307 of this title, the cost of
transportation of the deceased veteran described in subsection (b)(3)
for burial in a national cemetery. Such payment shall not exceed the
cost of transportation to the national cemetery nearest the veteran's
last place of residence in which burial space is available.''.
(b) Covered Veterans' Cemetery Defined.--Section 2308 of such title
is amended by adding at the end the following new subsection:
``(c) Covered Veterans' Cemetery Defined.--In this section, the
term `covered veterans' cemetery' means, with respect to a deceased
veteran described in subsection (b), a veterans' cemetery owned by a
State or a tribal organization (as defined in section 3765(4) of this
title) in which the deceased veteran is eligible to be buried.''.
(c) Conforming Amendment.--Section 2308 of such title is amended in
the section heading by adding at the end the following: ``or a
veterans' cemetery''.
(d) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item relating to section 2308
and inserting the following new item:
``2308. Transportation of deceased veterans to a national cemetery or a
veterans' cemetery.''.
SEC. 4. EXPANSION OF ELIGIBILITY FOR HEADSTONES, MARKERS, AND
MEDALLIONS FOR MEDAL OF HONOR RECIPIENTS.
Section 2306(d) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(5)(A) In carrying out this subsection with respect to a deceased
individual described in subparagraph (C), the Secretary shall furnish,
upon request, a headstone or marker under paragraph (1) or a medallion
under paragraph (4) that signifies the deceased's status as a Medal of
Honor recipient.
``(B) If the Secretary furnished a headstone, marker, or medallion
under paragraph (1) or (4) for a deceased individual described in
subparagraph (C) that does not signify the deceased's status as a Medal
of Honor recipient, the Secretary shall, upon request, replace such
headstone, marker, or medallion with a headstone, marker, or medallion,
as the case may be, that so signifies the deceased's status as a Medal
of Honor recipient.
``(C) A deceased individual described in this subparagraph is a
deceased individual who--
``(i) served in the Armed Forces on or after April 6, 1917;
``(ii) is eligible for a headstone or marker furnished
under paragraph (1) or a medallion furnished under paragraph
(4) (or would be so eligible for such headstone, marker, or
medallion but for the date of the death of the individual); and
``(iii) was awarded the Medal of Honor (including
posthumously).''.
SEC. 5. EXPANSION OF PRESIDENTIAL MEMORIAL CERTIFICATE PROGRAM.
(a) In General.--Section 112(a) of title 38, United States Code, is
amended by inserting after ``conditions,'' the following: ``persons
eligible for burial in a national cemetery by reason of paragraph (2),
(3), or (7) of section 2402(a) of this title,''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to the death of a person eligible for burial in a national
cemetery by reason of paragraph (2), (3), or (7) of section 2402(a) of
title 38, United States Code, occurring before, on, or after the date
of the enactment of this Act.
SEC. 6. BURIAL PLOTS AT ARLINGTON NATIONAL CEMETERY FOR INDIVIDUALS
AWARDED THE MEDAL OF HONOR.
(a) Reservation.--Of the number of in-ground burial plots available
at Arlington National Cemetery as of the date of the enactment of this
Act, the Secretary of the Army shall reserve 100 such plots to inter
deceased individuals who have been awarded the Medal of Honor.
(b) Termination.--The requirement under subsection (a) shall
terminate on the date on which the Secretary of the Army to the
Committees on Veterans' Affairs and the Committees on Armed Services of
the House of Representatives and the Senate a report on the interment
and inurnment capacity of Arlington National Cemetery that includes--
(1) the estimated date that the Secretary determines the
cemetery will reach maximum interment and inurnment capacity;
and
(2) in light of the unique and iconic meaning of the
cemetery to the United States, recommendations for legislative
actions and nonlegislative options that the Secretary
determines necessary to ensure that the maximum interment and
inurnment capacity of the cemetery is not reached until well
into the future, including such actions and options with
respect to--
(A) redefining eligibility criteria for interment
and inurnment in the cemetery; and
(B) considerations for additional expansion
opportunities beyond the current boundaries of the
cemetery.
SEC. 7. PILOT PROGRAM ON DEPARTMENT OF VETERANS AFFAIRS VETERAN
ENGAGEMENT TEAM EVENTS.
(a) In General.--
(1) Pilot program.--Beginning not later than October 1,
2016, the Secretary of Veterans Affairs shall carry out a
three-year pilot program under which the Secretary shall carry
out events, to be known as ``Veteran Engagement Team events''.
The Secretary shall ensure that such events are carried out--
(A) during the first year during which the
Secretary carries out the pilot program, at least once
a month in a location within the jurisdiction of each
of 10 regional offices of the Department of Veterans
Affairs, including at least two regional offices in
each of the five districts of the Veterans Benefits
Administration under the organization of such
Administration in effect as of the date of the
enactment of this Act; and
(B) during each of the second and third years
during which the Secretary carries out the pilot
program, at least once a month in a location within the
jurisdiction of each of 15 regional offices of the
Department, including at least three regional offices
in each such district.
(2) Veteran engagement team events.--During each Veteran
Engagement Team event, the Secretary shall provide assistance
to veterans in completing and adjudicating claims for
disability compensation under chapter 11 of title 38, United
States Code, and for pension under chapter 15 of such title.
The Secretary shall ensure that--
(A) all Veteran Engagement Team events occur during
the normal business hours of the sponsoring regional
office;
(B) the events are carried out at different
locations within the jurisdiction of each regional
office and at least 50 miles from any regional office;
(C) a sufficient number of physicians (to be
available for opinions only), veteran service
representatives and rating veteran service
representatives, and other personnel are available at
the events to initiate, update, and finalize the
completion and adjudication of claims;
(D) veterans service organizations have access to
the events for purposes of providing assistance to
veterans; and
(E) a veteran who is unable to complete and
adjudicate a claim at an event is informed of what
additional information or actions are needed to
finalize the claim.
(b) Location.--In selecting locations for Veteran Engagement Team
events under this section, the Secretary shall--
(1) coordinate with veteran service organizations and State
and local veterans agencies; and
(2) seek to select locations that are community-based and
easily accessible.
(c) Transfer of Personnel.--
(1) Physicians.--The Secretary may not permanently transfer
any physician employed by the Veterans Health Administration
for the purpose of staffing a Veteran Engagement Team event.
(2) Payment of salaries.--Any amount payable to an employee
of the Department for work performed at a Veteran Engagement
Team event is payable only from amounts otherwise available for
the payment of the salary of the employee. No additional
amounts are authorized to be appropriated under this section
for the payment of salaries for Department employee.
(d) Other Authorities.--In carrying out the pilot program under
this section, the Secretary may--
(1) coordinate with States, local governments, nonprofit
organizations, and private sector entities to use facilities to
host Veteran Engagement Team events for no or minimal costs;
and
(2) accept, on a without compensation basis, services
provided by non-Department physicians in rendering medical
opinions relating to claims for compensation and pension.
(e) Customer Satisfaction Surveys.--In carrying out the pilot
program under this section, the Secretary shall collect and analyze
information about the customer satisfaction of veterans who have
received assistance at an Veteran Engagement Team event.
(f) Reports.--Not later than April 30, 2017, and annually
thereafter beginning on October 1, 2017, for the duration of the
program, the Secretary shall submit to Congress a report on the
implementation and effectiveness of the events. Such report shall
include--
(1) the number and types of claims completed and
adjudicated at the events;
(2) the number and types of claims for which assistance was
sought at the events that were not completed or adjudicated at
the events and the reasons such claims were not completed or
adjudicated; and
(3) an analysis of the customer satisfaction of veterans
who have received assistance at an event based on the
information collected under subsection (e). | Veterans' Compensation Cost-of-Living Adjustment Act of 2016 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to increase, as of December 1, 2016, the amounts for the payment of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children. Each such increase shall be the same percentage as the increase in benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date (rounded to the next lower dollar amount if the amount is not a whole dollar amount). The VA may adjust administratively the rates of disability compensation payable to persons receiving benefits pursuant to public laws administered by the VA on December 31, 1958 (that are still in effect) who have not received service-connected disability or death compensation. The VA shall publish such increased amounts in the Federal Register. (Sec. 3) The VA may pay the cost of transporting a deceased veteran: who died as the result of a service-connected disability, or who died while in receipt of disability compensation, to a national cemetery or a state- or tribal-owned veterans' cemetery in which the deceased veteran is eligible to be buried, or who has no next of kin or other person claiming the body to a national cemetery in which the deceased veteran is eligible to be buried. Such payment shall not exceed the cost of transportation to the national cemetery nearest to the veteran's last place of residence in which burial space is available. (Sec. 4) The VA shall furnish at a private cemetery, upon request, a headstone, marker, or medallion that signifies the status of an eligible veteran who served in the Armed Forces on or after April 6, 1917, as a Medal of Honor recipient. If the VA furnished a headstone, marker, or medallion for a deceased veteran that does not signify his or her status as a Medal of Honor recipient, the VA shall, upon request, replace that headstone, marker, or medallion with one that signifies such status. (Sec. 5) The bill authorizes award of the Presidential Memorial Certificate to certain deceased members of the reserve components of the Armed Forces and certain deceased members of the Reserve Officers' Training Corps. (Sec. 6) The Department of the Army shall reserve 100 in-ground burial plots at Arlington National Cemetery for interment of deceased Medal of Honor recipients. Such requirement shall terminate when the Army submits a report on the cemetery's interment and inurnment capacity that includes: (1) the estimated date of achieving maximum capacity; and (2) recommendations to ensure that such capacity is not reached until well into the future, including actions to redefine interment eligibility and considerations for cemetery expansion. (Sec. 7) The VA, beginning not later than October 1, 2016, shall carry out a three-year pilot program under which the VA shall carry out Veteran Engagement Team events to assist veterans in completing VA disability and pension claims. Such events shall be carried out: during the first year, at least once a month within the jurisdiction of each of 10 VA regional offices, including at least 2 regional offices in each of the 5 districts of the Veterans Benefits Administration; during each of the second and third years, at least once a month within the jurisdiction of each of 15 VA regional offices, including at least 3 regional offices in each district; at different locations within each regional office's jurisdiction and at least 50 miles from any regional office; during the sponsoring regional office's normal business hours; and with a sufficient number of physicians (to be available for opinions only), veteran service and rating representatives, and other appropriate claims personnel to initiate, update, and finalize the completion and adjudication of claims. The VA shall: (1) collect and analyze event-satisfaction information from attending veterans, and (2) report annuallys on event implementation. The VA may not permanently transfer any Veterans Health Administration physician to staff an event. | Veterans' Compensation Cost-of-Living Adjustment Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sport Fish Restoration and
Recreational Boating Safety Act of 2014''.
SEC. 2. DIVISION OF ANNUAL APPROPRIATIONS.
Section 4 of the Federal Aid in Fish Restoration Act (16 U.S.C.
777c) is amended--
(1) in subsection (a), by striking ``2014'' and inserting
``2021'';
(2) by amending the heading in subsection (b) to read as
follows: ``Set-asides.--'';
(3) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``2014'' and
inserting ``2021'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``each of
fiscal years 2001 and 2002, $9,000,000'' and
inserting ``fiscal year 2015, $11,896,000'';
(ii) in clause (ii), by striking ``2003,
$8,212,000'' and inserting ``2016,
$12,299,000''; and
(iii) in clause (iii), by striking ``2004''
and inserting ``2017''; and
(C) by adding at the end the following:
``(C) Set-aside for boating safety.--
``(i) In general.--From the annual
appropriation made in accordance with section
3, for each fiscal year through 2021, the
Secretary shall transfer to the Secretary of
the department in which the Coast Guard is
operating--
``(I) $5,000,000 for the purposes
set forth in section 13107(c) of title
46, United States Code;
``(II) $200,000 to fund the
National Boating Safety Advisory
Council established under section 13110
of title 46, United States Code, and
the authorized activities of the
Council; and
``(III) not less than $7,000,000
for national boating safety activities
of national nonprofit public service
organizations, and such sums made
available for allocation and
distribution shall remain available
until expended.
``(ii) Limitation.--The amounts specified
in clause (i) for a fiscal year may not be
included in the amount of the annual
appropriation distributed under subsection (a)
of this section for the fiscal year.'';
(4) in subsection (b)(2)--
(A) in subparagraph (A), by striking ``under
paragraph (1) shall remain available for obligation for
use under that paragraph'' and inserting ``under
paragraph (1)(B) shall remain available for obligation
for use under paragraph (1)(A)''; and
(B) in subparagraph (B)--
(i) by striking ``under paragraph (1)'' and
inserting ``under paragraph (1)(B)''; and
(ii) by striking ``subsection (e)'' and
inserting ``subsection (c)'';
(5) in subsection (d), by striking ``So much of any sum not
allocated'' and inserting ``Except as otherwise provided in
this section, so much of any sum not allocated''; and
(6) in subsection (e)--
(A) in paragraph (1), by striking ``those
subsections'' and inserting ``those paragraphs'';
(B) by amending paragraph (2) to read as follows:
``(2) Maximum amount.--For fiscal year 2015, the Secretary
of the Interior may use not more than $1,200,000 in accordance
with paragraph (1). For each fiscal year thereafter, the
maximum amount that the Secretary of the Interior may use in
accordance with paragraph (1) shall be determined under
paragraph (3).''; and
(C) by adding at the end the following:
``(3) Annual adjusted maximum amount.--The maximum amount
referred to in paragraph (2) for fiscal year 2016 and each
fiscal year thereafter shall be the sum of--
``(A) the available maximum amount for the
preceding fiscal year; and
``(B) the amount determined by multiplying--
``(i) the available maximum amount for the
preceding fiscal year; and
``(ii) the change, relative to the
preceding fiscal year, in the Consumer Price
Index for All Urban Consumers published by the
Department of Labor.''.
SEC. 3. EXTENSION OF EXCEPTION TO LIMITATION ON TRANSFERS TO FUND.
Section 9504(d)(2) of the Internal Revenue Code of 1986 is amended
by striking ``2014,'' and inserting ``2021,''.
SEC. 4. RECREATIONAL BOATING SAFETY ALLOCATIONS.
Section 13104 of title 46, United States Code, is amended by
striking subsection (c).
SEC. 5. RECREATIONAL BOATING SAFETY.
Section 13107(c) of title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``subsection (a)(2)'' and inserting
``subsection (b)(1)(C)''; and
(B) by striking ``(16 U.S.C. 777c(a)(2))'' and all
that follows through the end and inserting ``(16 U.S.C.
777c(b)(1)(C))--
``(A) $5,000,000 is available to the Secretary for
payment of expenses of the Coast Guard for personnel
and activities directly related to coordinating and
carrying out the national recreational boating safety
program under this title, of which not less than
$2,000,000 shall be available to the Secretary only to
ensure compliance with chapter 43 of this title;
``(B) $200,000 is available to the Secretary to
fund the National Boating Safety Advisory Council and
its authorized activities; and
``(C) not less than $7,000,000 is available to the
Secretary for national boating safety activities of
national nonprofit public service organizations.''; and
(2) in paragraph (3), by striking ``Amounts made
available'' and inserting ``Except for amounts made available
by paragraph (1)(C), amounts made available''.
SEC. 6. NATIONAL BOATING SAFETY ADVISORY COUNCIL.
Section 13110(e) of title 46, United States Code, is amended by
striking ``2020'' and inserting ``2021''. | . Sport Fish Restoration and Recreational Boating Safety Act of 2014 - Amends the Federal Aid in Fish Restoration Act to reauthorize through FY2021 the Sport Fish Restoration and Boating Trust Fund. Extends the distributions of appropriations to: (1) the Department of the Interior for coastal wetlands distributions, the Clean Vessel Act of 1992, boating infrastructure, and national outreach and communications; and (2) the Department of Homeland Security (the department in which the Coast Guard is operating) for state recreational boating safety programs. Sets forth a formula that determines the maximum amount Interior may spend on administrative expenses incurred to implement the Act. Sets forth separate set-aside amounts through FY2021 for Coast Guard national recreational boating safety personnel and activities, the National Boating Safety Advisory Council (NBSAC), and boating safety activities of national nonprofit public service organizations. Amends the Internal Revenue Code to extend Fund transfer restriction exceptions through September 30, 2021. Revokes a limitation on the amount the Coast Guard is authorized to allocate for national boating safety activities of national nonprofit public service organizations. Extends the NBSAC through September 30, 2021. | Sport Fish Restoration and Recreational Boating Safety Act of 2014 |
SECTION 1. MTBE PROHIBITION.
(a) MTBE Prohibition.--Section 211(c) of the Clean Air Act (42
U.S.C. 7545(c)) is amended by adding at the end the following:
``(5) Prohibition on use of mtbe.--
``(A) In general.--Subject to subparagraph (C), not
later than 6 months after the date of enactment of this
paragraph, the use of methyl tertiary butyl ether in
motor vehicle fuel in any State is prohibited.
``(B) Regulations.--The Administrator shall
promulgate regulations to carry out the prohibition set
forth in subparagraph (A).
``(C) Trace quantities.--In carrying out
subparagraph (A), the Administrator may allow trace
quantities of methyl tertiary butyl ether, not to
exceed 0.5 percent by volume, to be present in motor
vehicle fuel in cases that the Administrator determines
to be appropriate.''.
(b) No Effect on Law Concerning State Authority.--The amendments
made by subsection (a) have no effect on the law in effect on the day
before the date of enactment of this Act regarding the authority of
States to limit the use of methyl tertiary butyl ether in motor vehicle
fuel.
SEC. 2. ELIMINATION OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED
GASOLINE.
(a) Repeal.--Section 211(k) of the Clean Air Act (42 U.S.C.
7545(k)) is amended--
(1) in paragraph (2)--
(A) in the second sentence of subparagraph (A), by
striking ``(including the oxygen content requirement
contained in subparagraph (B))'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively;
(2) in paragraph (3)(A), by striking clause (v);
(3) in paragraph (7)--
(A) in subparagraph (A)--
(i) by striking clause (i); and
(ii) by redesignating clauses (ii) and
(iii) as clauses (i) and (ii), respectively;
and
(B) in subparagraph (C)--
(i) by striking clause (ii); and
(ii) by redesignating clause (iii) as
clause (ii).
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of enactment of this Act.
(c) Maintenance of Toxic Air Pollutant Emission Reductions.--
Section 211(k)(1) of the Clean Air Act (42 U.S.C. 7545(k)(1)) is
amended as follows:
(1) By striking ``Within 1 year after the enactment of the
Clean Air Act Amendments of 1990,'' and inserting the
following:
``(A) In general.--Not later than November 15,
1991,''.
(2) By adding at the end the following:
``(B) Maintenance of toxic air pollutant emissions
reductions from reformulated gasoline.--
``(i) Definitions.--In this subparagraph
the term `PADD' means a Petroleum
Administration for Defense District.
``(ii) Regulations regarding emissions of
toxic air pollutants.--Not later than 270 days
after the date of enactment of this
subparagraph the Administrator shall establish,
for each refinery or importer, standards for
toxic air pollutants from use of the
reformulated gasoline produced or distributed
by the refinery or importer that maintain the
reduction of the average annual aggregate
emissions of toxic air pollutants for
reformulated gasoline produced or distributed
by the refinery or importer during calendar
years 1999 and 2000, determined on the basis of
data collected by the Administrator with
respect to the refinery or importer.
``(iii) Standards applicable to specific
refineries or importers.--
``(I) Applicability of standards.--
For any calendar year, the standards
applicable to a refinery or importer
under clause (ii) shall apply to the
quantity of gasoline produced or
distributed by the refinery or importer
in the calendar year only to the extent
that the quantity is less than or equal
to the average annual quantity of
reformulated gasoline produced or
distributed by the refinery or importer
during calendar years 1999 and 2000.
``(II) Applicability of other
standards.--For any calendar year, the
quantity of gasoline produced or
distributed by a refinery or importer
that is in excess of the quantity
subject to subclause (I) shall be
subject to standards for toxic air
pollutants promulgated under
subparagraph (A) and paragraph (3)(B).
``(iv) Credit program.--The Administrator
shall provide for the granting and use of
credits for emissions of toxic air pollutants
in the same manner as provided in paragraph
(7).
``(v) Regional protection of toxics
reduction baselines.--
``(I) In general.--Not later than
60 days after the date of enactment of
this subparagraph, and not later than
April 1 of each calendar year that
begins after that date of enactment,
the Administrator shall publish in the
Federal Register a report that
specifies, with respect to the previous
calendar year--
``(aa) the quantity of
reformulated gasoline produced
that is in excess of the
average annual quantity of
reformulated gasoline produced
in 1999 and 2000; and
``(bb) the reduction of the
average annual aggregate
emissions of toxic air
pollutants in each PADD, based
on retail survey data or data
from other appropriate sources.
``(II) Effect of failure to
maintain aggregate toxics reductions.--
If, in any calendar year, the reduction
of the average annual aggregate
emissions of toxic air pollutants in a
PADD fails to meet or exceed the
reduction of the average annual
aggregate emissions of toxic air
pollutants in the PADD in calendar
years 1999 and 2000, the Administrator,
not later than 90 days after the date
of publication of the report for the
calendar year under subclause (I),
shall--
``(aa) identify, to the
maximum extent practicable, the
reasons for the failure,
including the sources, volumes,
and characteristics of
reformulated gasoline that
contributed to the failure; and
``(bb) promulgate revisions
to the regulations promulgated
under clause (ii), to take
effect not earlier than 180
days but not later than 270
days after the date of
promulgation, to provide that,
notwithstanding clause
(iii)(II), all reformulated
gasoline produced or
distributed at each refinery or
importer shall meet the
standards applicable under
clause (ii) not later than
April 1 of the year following
the report in subclause (II)
and for subsequent years.
``(vi) Regulations to control hazardous air
pollutants from motor vehicles and motor
vehicle fuels.--Not later than July 1, 2004,
the Administrator shall promulgate final
regulations to control hazardous air pollutants
from motor vehicles and motor vehicle fuels, as
provided for in section 80.1045 of title 40,
Code of Federal Regulations (as in effect on
the date of enactment of this subparagraph).''.
(d) Consolidation in Reformulated Gasoline Regulations.--Not later
than 180 days after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall revise the
reformulated gasoline regulations under subpart D of part 80 of title
40, Code of Federal Regulations, to consolidate the regulations
applicable to VOC-Control Regions 1 and 2 under section 80.41 of that
title by eliminating the less stringent requirements applicable to
gasoline designated for VOC-Control Region 2 and instead applying the
more stringent requirements applicable to gasoline designated for VOC-
Control Region 1.
(e) Savings Clause.--Nothing in this section is intended to affect
or prejudice either any legal claims or actions with respect to
regulations promulgated by the Administrator of the Environmental
Protection Agency prior to enactment of this Act regarding emissions of
toxic air pollutants from motor vehicles or the adjustment of standards
applicable to a specific refinery or importer made under such prior
regulations and the Administrator may apply such adjustments to the
standards applicable to such refinery or importer under clause (iii)(I)
of section 211(k)(1)(B) of the Clean Air Act, except that--
(1) the Administrator shall revise such adjustments to be
based only on calendar years 1999-2000; and
(2) for adjustments based on toxic air pollutant emissions
from reformulated gasoline significantly below the national
annual average emissions of toxic air pollutants from all
reformulated gasoline, the Administrator may revise such
adjustments to take account of the scope of any lawful and
enforceable Federal or State prohibition on methyl tertiary
butyl ether imposed after the effective date of the enactment
of this paragraph, except that any such adjustment shall
require such refiner or importer, to the greatest extent
practicable, to maintain the reduction achieved during calendar
year 1999-2000 in the average annual aggregate emissions of
toxic air pollutants from reformulated gasoline produced or
distributed by the refinery or importer. Any such adjustment
shall not be made at a level below the average percentage of
reductions of emissions of toxic air pollutants for
reformulated gasoline supplied to PADD I during calendar years
1999-2000.
SEC. 3. FUNDING FOR MTBE CONTAMINATION.
Notwithstanding any other provision of law, there is authorized to
be appropriated to the Administrator of the Environmental Protection
Agency from the Leaking Underground Storage Tank Trust Fund not more
than $850,000,000 for the fiscal year period of fiscal years 2004
through 2008. | Amends the Clean Air Act to prohibit the use of methyl tertiary butyl ether (MBTE) as a motor vehicle fuel additive.
Repeals the oxygen content requirement for reformulated gasoline.
Requires the Administrator of the Environmental Protection Agency to promulate regulations which continue required toxic air pollutant emissions reductions from reformulated gasoline.
Authorizes appropriations from the Leaking Underground Storage Tank Trust Fund. | To amend the Clean Air Act to prohibit the use of methyl tertiary butyl ether as a gasoline additive and to repeal the oxygenate requirement for reformulated gasoline, to provide funding for the clean up of underground storage tanks, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Patent Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the strength and quality of United States patents are
recognized throughout the world;
(2) patents are defined under United States law as a
private property right;
(3) the United States is regarded as the world leader in
intellectual property;
(4) patents are a societal and economic good for a country;
(5) technology enhances a country's growth and patents are
an integral part of that growth;
(6) patents create jobs and new businesses;
(7) patents are a source of lifting the standard of living
in a country;
(8) patents and innovation are a source of increasing
income for business and citizens of the country;
(9) patentable products are a source of trade for a
country; and
(10) the successful 207-year-old Federal agency responsible
for issuing patents can be a source of expertise and support
for other countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director of the patent and trademark office.--The term
``Director of the Patent and Trademark Office'' means the Under
Secretary of Commerce for Intellectual Property and the
Director of the United States Patent and Trademark Office.
(2) Patent and trademark office.--The term ``Patent and
Trademark Office'' means the United States Patent and Trademark
Office.
(3) GSP country.--The term ``GSP country'' means a
beneficiary developing country under title V of the Trade Act
of 1974.
SEC. 4. SOVEREIGN DUTIES OF THE PATENT AND TRADEMARK OFFICE.
(a) In General.--The Director of the Patent and Trademark Office,
subject to the policy guidance of the Secretary of Commerce, shall be
responsible for the following:
(1) The establishment in the Patent and Trademark Office of
a US/GSP International Country Notification Office for the
purpose of providing official notification of the issuance of
patents that are valid both under the laws of the United States
and a GSP country with which the United States has entered into
an agreement under subsection (b).
(2) Ensuring that patents that are to be valid under the
laws of such a GSP country and the United States be issued
according to standards applicable to patents issued under
United States law.
(3) Ensuring that all examination and search duties for the
grant of a patent that is to be valid under United States law
and the laws of such a GSP country are performed by patent
examiners in the Patent and Trademark Office who are United
States citizens.
(b) Agreements With Countries.--The Secretary of State, in
consultation with the Secretary of Commerce, shall seek to enter into
negotiations with each GSP country desiring patents to be issued
pursuant to this Act in order to conclude an agreement with that GSP
country providing for the issuance and notification of such patents
pursuant to this Act.
(c) Special Payments.--
(1) Trust funds.--The Director of the Patent and Trademark
Office shall establish a trust fund for each GSP country with
which the United States has an agreement under subsection (b).
The Director shall use amounts in the fund to assist that GSP
country in establishing or enhancing the patent system in that
country, through technical assistance, education programs, and
other appropriate programs. There shall be deposited into a
fund for a GSP country--
(A) 15 percent of the patent fees charged in
connection with applications for patent filed and
patents issued that are to be valid in both the United
States and that country; and
(B) a special handling fee for each such patent
application or patent, as determined by agreement
between the Director of the Patent and Trademark Office
and that country.
(2) Computer search facilities.--The United States shall
make available computer search facilities containing the patent
data base of the Patent and Trademark Office in each GSP
country with which there is an agreement under subsection (b).
A fee shall be charged for the use of such patent search
facilities in the GSP country. The fee shall be determined by
the Secretary of Commerce and the Director of the Patent and
Trademark Office, pursuant to agreement with that country. The
Secretary of State shall make available such computer search
facilities at the United States embassy or mission in that
country.
SEC. 5. SMALL BUSINESS DEVELOPMENT.
The Administrator of the Small Business Administration shall
provide information to the GSP countries with which agreements have
been entered into under section 4(b) on the steps required to create a
small business based on a patent issued to an individual or small
business pursuant to this Act.
SEC. 6. INTERNATIONAL/GSP PATENT PROGRAM.
The Agency for International Development shall use funds otherwise
available to develop and implement a program to provide instruction to
the GSP countries with which agreements have been reached under section
4(b) in the methods of structuring a patent system to enhance economic
development, including demonstrating the benefits that can accrue to
universities and other institutions from acquiring intellectual
property rights on the product of their research. | Requires the Director of the Office to establish a trust fund for each GSP country with which the United States has an agreement in order to assist such country in establishing or enhancing the patent system in that country. Requires the United States to make available computer search facilities containing the patent data base of the Office in each eligible GSP country.
Directs the Administrator of the Small Business Administration to provide information to eligible GSP countries on the steps required to create a small business based on a patent issued to an individual or small business pursuant to this Act.
Directs the U.S. Agency for International Development to use funds to develop and implement a program to provide instruction to eligible GSP countries in the methods of structuring a patent system to enhance economic development, including demonstrating the benefits that can accrue to universities and other institutions from acquiring intellectual property rights on the product of their search. | International Patent Act of 2000 |
SECTION 1. APPROVAL OF KEYSTONE XL PIPELINE PROJECT.
(a) Approval of Cross-border Facilities.--
(1) In general.--In accordance with section 8 of article 1
of the Constitution (delegating to Congress the power to
regulate commerce with foreign nations), TransCanada Keystone
Pipeline, L.P. is authorized to construct, connect, operate,
and maintain pipeline facilities, subject to subsection (c),
for the import of crude oil and other hydrocarbons at the
United States-Canada Border at Phillips County, Montana, in
accordance with the application filed with the Department of
State on September 19, 2008 (as supplemented and amended).
(2) Permit.--Notwithstanding any other provision of law, no
permit pursuant to Executive Order 13337 (3 U.S.C. 301 note) or
any other similar Executive Order regulating construction,
connection, operation, or maintenance of facilities at the
borders of the United States, and no additional environmental
impact statement, shall be required for TransCanada Keystone
Pipeline, L.P. to construct, connect, operate, and maintain the
facilities described in paragraph (1).
(b) Construction and Operation of Keystone XL Pipeline in United
States.--
(1) In general.--The final environmental impact statement
issued by the Department of State on August 26, 2011, shall be
considered to satisfy all requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
any other provision of law that requires Federal agency
consultation or review with respect to the cross-border
facilities described in subsection (a)(1) and the related
facilities in the United States described in the application
filed with the Department of State on September 19, 2008 (as
supplemented and amended).
(2) Permits.--Any Federal permit or authorization issued
before the date of enactment of this Act for the cross-border
facilities described in subsection (a)(1), and the related
facilities in the United States described in the application
filed with the Department of State on September 19, 2008 (as
supplemented and amended), shall remain in effect.
(c) Conditions.--In constructing, connecting, operating, and
maintaining the cross-border facilities described in subsection (a)(1)
and related facilities in the United States described in the
application filed with the Department of State on September 19, 2008
(as supplemented and amended), TransCanada Keystone Pipeline, L.P.
shall comply with the following conditions:
(1) TransCanada Keystone Pipeline, L.P. shall comply with
all applicable Federal and State laws (including regulations)
and all applicable industrial codes regarding the construction,
connection, operation, and maintenance of the facilities.
(2) Except as provided in subsection (a)(2), TransCanada
Keystone Pipeline, L.P. shall comply with all requisite permits
from Canadian authorities and applicable Federal, State, and
local government agencies in the United States.
(3) TransCanada Keystone Pipeline, L.P. shall take all
appropriate measures to prevent or mitigate any adverse
environmental impact or disruption of historic properties in
connection with the construction, connection, operation, and
maintenance of the facilities.
(4) The construction, connection, operation, and
maintenance of the facilities shall be--
(A) in all material respects, similar to that
described in--
(i) the application filed with the
Department of State on September 19, 2008 (as
supplemented and amended); and
(ii) the final environmental impact
statement described in subsection (b)(1); and
(B) carried out in accordance with--
(i) the construction, mitigation, and
reclamation measures agreed to for the project
in the construction mitigation and reclamation
plan contained in appendix B of the final
environmental impact statement described in
subsection (b)(1);
(ii) the special conditions agreed to
between the owners and operators of the project
and the Administrator of the Pipeline and
Hazardous Materials Safety Administration of
the Department of Transportation, as contained
in appendix U of the final environmental impact
statement;
(iii) the measures identified in appendix H
of the final environmental impact statement, if
the modified route submitted by the State of
Nebraska to the Secretary of State crosses the
Sand Hills region; and
(iv) the stipulations identified in
appendix S of the final environmental impact
statement.
(d) Route in Nebraska.--
(1) In general.--Any route and construction, mitigation,
and reclamation measures for the project in the State of
Nebraska that is identified by the State of Nebraska and
submitted to the Secretary of State under this section is
considered sufficient for the purposes of this section.
(2) Prohibition.--Construction of the facilities in the
United States described in the application filed with the
Department of State on September 19, 2008 (as supplemented and
amended), shall not commence in the State of Nebraska until the
date on which the Secretary of State receives a route for the
project in the State of Nebraska that is identified by the
State of Nebraska.
(3) Receipt.--On the date of receipt of the route described
in paragraph (1) by the Secretary of State, the route for the
project within the State of Nebraska under this section shall
supersede the route for the project in the State specified in
the application filed with the Department of State on September
19, 2008 (including supplements and amendments).
(4) Cooperation.--Not later than 30 days after the date on
which the State of Nebraska submits a request to the Secretary
of State or any appropriate Federal official, the Secretary of
State or Federal official shall provide assistance that is
consistent with the law of the State of Nebraska.
(e) Administration.--
(1) In general.--Any action taken to carry out this section
(including the modification of any route under subsection (d))
shall not constitute a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) State siting authority.--Nothing in this section alters
any provision of State law relating to the siting of pipelines.
(3) Private property.--Nothing in this section alters any
Federal, State, or local process or condition in effect on the
date of enactment of this Act that is necessary to secure
access from an owner of private property to construct the
project.
(f) Federal Judicial Review.--The cross-border facilities described
in subsection (a)(1), and the related facilities in the United States
described in the application filed with the Department of State on
September 19, 2008 (as supplemented and amended), that are approved by
this section, and any permit, right-of-way, or other action taken to
construct or complete the project pursuant to Federal law, shall only
be subject to judicial review on direct appeal to the United States
Court of Appeals for the District of Columbia Circuit. | Authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain pipeline facilities for the import of crude oil and other hydrocarbons at the United States-Canada Border at Phillips County, Montana, in accordance with a certain application filed with the Department of State on September 19, 2008.
Declares that no permit pursuant to Executive Order 13337 or any other similar Executive Order regulating such activities at the U.S. border, and no additional environmental impact statement (EIS), shall be required for such Pipeline.
Deems a certain EIS issued by the Department of State to satisfy all requirements of the National Environmental Policy Act of 1969 (NEPA) as well as any other law requiring federal agency consultation or review regarding such cross-border facilities.
Sets forth conditions governing construction, connection, operation, and maintenance of the cross-border facilities in connection with the Pipeline.
Deems sufficient for the purposes of this Act any route and construction, mitigation, and reclamation measures for the Pipeline in the state of Nebraska that is identified by Nebraska and submitted to the Secretary of State.
States that any action taken to implement this Act does not constitute a major federal action requiring an EIS under NEPA.
Restricts to the U.S. Court of Appeals for the District of Columbia Circuit any federal judicial review over actions and facilities implemented under this Act. | A bill to approve the Keystone XL pipeline project and provide for environmental protection and government oversight. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paul E. Tsongas Fellowship Act''.
SEC. 2. STATEMENT OF PURPOSE.
It is the purpose of this Act to encourage individuals of
exceptional achievement and promise, especially members of
traditionally underrepresented groups, to pursue careers in fields that
confront the global energy and environmental challenges of the 21st
century.
SEC. 3. DOCTORAL FELLOWSHIPS AUTHORIZED.
(a) Program Authorized.--The Secretary of Energy is authorized to
award doctoral fellowships, to be known as Paul E. Tsongas Doctoral
Fellowships, in accordance with the provisions of this Act for study
and research in fields of science or engineering that relate to energy
or the environment such as physics, mathematics, chemistry, biology,
computer science, materials science, environmental science, behavioral
science, and social sciences at institutions proposed by applicants for
such fellowships.
(b) Period of Award.--A fellowship under this section shall be
awarded for a period of three succeeding academic years, beginning with
the commencement of a program of doctoral study.
(c) Fellowship Portability.--Each Fellow shall be entitled to use
the fellowship in a graduate program at any accredited institution of
higher education in which the recipient may decide to enroll.
(d) Number of Fellowships.--As many fellowships as may be fully
funded according to this Act shall be awarded each year.
(e) Designation of Fellows.--Each individual awarded a fellowship
under this Act shall be known as a ``Paul E. Tsongas Fellow''
(hereinafter in this Act referred to as a ``Fellow'').
SEC. 4. ELIGIBILITY AND SELECTION OF FELLOWS.
(a) Eligibility.--Only United States citizens are eligible to
receive awards under this Act.
(b) Fellowship Board.--
(1) Appointment.--The Secretary, in consultation with the
Director of the National Science Foundation, shall appoint a
Paul E. Tsongas Fellowship Board (hereinafter in this part
referred to as the ``Board'') consisting of 5 representatives
of the academic science and engineering communities who are
especially qualified to serve on the Board. The Secretary shall
assure that individuals appointed to the Board are broadly
knowledgeable about and have experience in graduate education
in relevant fields.
(2) Duties.--The Board shall--
(A) establish general policies for the program
established by this part and oversee its operation;
(B) establish general criteria for awarding
fellowships;
(C) award fellowships; and
(D) prepare and submit to the Congress at least
once in every 3-year period a report on any
modifications in the program that the Board determines
are appropriate.
(3) Term.--The term of office of each member of the Board
shall be 3 years, except that any member appointed to fill a
vacancy shall serve for the remainder of the term for which the
predecessor of the member was appointed. No member may serve
for a period in excess of 6 years.
(4) Initial meeting; vacancy.--The Secretary shall call the
first meeting of the Board, at which the first order of
business shall be the election of a Chairperson and a Vice
Chairperson, who shall serve until 1 year after the date of
their appointment. Thereafter each officer shall be elected for
a term of 2 years. In case a vacancy occurs in either office,
the Board shall elect an individual from among the members of
the Board to fill such vacancy.
(5) Quorum; additional meetings.--(A) A majority of the
members of the Board shall constitute a quorum.
(B) The Board shall meet at least once a year or more
frequently, as may be necessary, to carry out its
responsibilities.
(6) Compensation.--Members of the Board, while serving on
the business of the Board, shall be entitled to receive
compensation at rates fixed by the Secretary, but not exceeding
the rate of basic pay payable for level IV of the Executive
Schedule, including traveltime, and while so serving away from
their homes or regular places of business, they may be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code, for
persons in Government service employed intermittently.
(c) Underrepresented Groups.--In designing selection criteria and
awarding fellowships, the Board shall--
(1) consider the need to prepare a larger number of women
and individuals from minority groups, especially from among
such groups that have been traditionally underrepresented in
the professional and academic fields referred to in section 2,
but nothing contained in this or any other provision of this
Act shall be interpreted to require the Secretary to grant any
preference or disparate treatment to the members of any
underrepresented group; and
(2) take into account the need to expand access by women
and minority groups to careers heretofore lacking adequate
representation of women and minority groups.
SEC. 5. PAYMENTS, STIPENDS, TUITION, AND EDUCATION AWARDS.
(a) Amount of Award.--
(1) Stipends.--The Secretary shall pay to each individual
awarded a fellowship under this Act a stipend in the amount of
$15,000, $16,500, and $18,000 during the first, second, and
third years of study, respectively.
(2) Tuition.--The Secretary shall pay to the appropriate
institution an amount adequate to cover the tuition, fees, and
health insurance of each individual awarded a fellowship under
this Act.
(3) Administrative and travel allowance.--The Secretary
shall pay to each host institution an annual $5,000 allowance
for the purpose of covering--
(A) administrative expenses;
(B) travel expenses associated with Fellow
participation in academic seminars or conferences
approved by the host institution; and
(C) round-trip travel expenses associated with
Fellow participation in the internship required by
section 6 of this Act.
SEC. 6. REQUIREMENT.
Each Fellow shall participate in a 3-month internship related to
the dissertation topic of the Fellow at a national laboratory,
equivalent industrial laboratory, or any other institution or agency
approved by the host institution.
SEC. 7. FELLOWSHIP CONDITIONS.
(a) Academic Progress Required.--No student shall receive support
pursuant to an award under this Act--
(1) except during periods in which such student is
maintaining satisfactory progress in, and devoting essentially
full time to, study or research in the field in which such
fellowship was awarded, or
(2) if the student is engaging in gainful employment other
than part-time employment involved in teaching, research, or
similar activities determined by the institution to be in
support of the student's progress toward a degree.
(b) Reports From Recipients.--The Secretary is authorized to
require reports containing such information in such form and filed at
such times as the Secretary determines necessary from any person
awarded a fellowship under the provisions of this Act. The reports
shall be accompanied by a certificate from an appropriate official at
the institution of higher education, or other research center, stating
that such individual is fulfilling the requirements of this section.
(c) Failure To Earn Degree.--A recipient of a fellowship under this
Act found by the Secretary to have failed in or abandoned the course of
study for which assistance was provided under this Act may be required,
at the discretion of the Secretary, to repay a pro rata amount of such
fellowship assistance received, plus interest and, where applicable,
reasonable collection fees, on a schedule and at a rate of interest to
be prescribed by the Secretary by regulations issued pursuant to this
Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for this Act $5,000,000 for
fiscal year 2000 and such sums as may be necessary for the succeeding
fiscal years.
SEC. 9. APPLICATION OF GENERAL EDUCATIONAL PROVISIONS ACT.
Section 421 of the General Educational Provisions Act, pertaining
to the availability of funds, shall apply to this Act.
SEC. 10. DEFINITIONS.
For purposes of this Act--
(1) The term ``Secretary'' means the Secretary of Energy.
(2) The term ``host institution'' means an institution
where a Paul E. Tsongas Fellow is enrolled for the purpose of
pursuing doctoral studies for which support is provided under
this Act. | Paul E. Tsongas Fellowship Act - Authorizes the Secretary of Energy to award Paul E. Tsongas Doctoral Fellowships for graduate study and research in fields of science or engineering that relate to energy or the environment such as physics, mathematics, chemistry, biology, computer science, materials science, environmental science, behavioral science, and social sciences at institutions proposed by applicants for such fellowships.
Directs the Secretary to appoint the Paul E. Tsongas Fellowship Board to: (1) establish general policies for the program and oversee its operation; (2) establish general criteria for awarding fellowships; (3) award fellowships; and (4) submit to the Congress at least once in every three-year period a report on any modifications in the program.
Authorizes appropriations. | Paul E. Tsongas Fellowship Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mobile Informational Call Act of
2011''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 227(a) of the Communications Act of 1934
(47 U.S.C. 227(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) The term `automatic telephone dialing system' means
equipment which uses a random or sequential number generator to
produce telephone numbers to be called and to dial such
numbers.'';
(2) in paragraph (2)--
(A) by striking ``subsection (b)(1)(C)(i)'' and
inserting ``paragraph (3) and subsection
(b)(1)(C)(i)'';
(B) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (B), by striking ``paragraph
(2)(G)).'' and inserting ``subsection (b)(2)(G); and'';
and
(D) by adding at the end the following:
``(C) this paragraph shall not apply for purposes
of determining whether an established business
relationship exists for purposes of prior express
consent to a call that is a telephone solicitation.'';
(3) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(4) by inserting after paragraph (2) the following:
``(3) The term `prior express consent' means the oral or
written approval of a person--
``(A) for the initiation of a telephone call to
such person by or on behalf of an entity with which
such person has an established business relationship;
and
``(B) that is provided when such person purchases a
good or service or at any other point during such
relationship.
A person who provides a telephone number as a means of contact
evidences consent under this paragraph.''.
(b) Conforming Amendment.--Section 227(c)(1)(D) of the
Communications Act of 1934 (47 U.S.C. 227(c)(1)(D)) is amended by
striking ``subsection (a)(3)'' and inserting ``subsection (a)(5)''.
SEC. 3. INFORMATIONAL CALLS TO MOBILE TELEPHONE NUMBERS.
(a) In General.--Section 227(b)(1)(A) of the Communications Act of
1934 (47 U.S.C. 227(b)(1)(A)) is amended to read as follows:
``(A) to make any call (other than a call made for
emergency purposes or made with the prior express
consent of the called party) using any automatic
telephone dialing system or an artificial or
prerecorded voice--
``(i) to any emergency telephone line
(including any `911' line and any emergency
line of a hospital, medical physician or
service office, health care facility, poison
control center, or fire protection or law
enforcement agency);
``(ii) to the telephone line of any guest
room or patient room of a hospital, health care
facility, elderly home, or similar
establishment;
``(iii) to any telephone number assigned to
a paging service; or
``(iv) to any telephone number assigned to
a cellular telephone service, specialized
mobile radio service, or other radio common
carrier service, or any service for which the
called party is charged for the call, unless
the call is made for a commercial purpose that
does not constitute a telephone
solicitation;''.
(b) Conforming Amendment.--Section 227(b)(2)(C) of the
Communications Act of 1934 (47 U.S.C. 227(b)(2)(C)) is amended by
striking ``paragraph (1)(A)(iii)'' and inserting ``paragraph
(1)(A)(iv)''.
(c) Technical Correction.--Section 227(b)(1) of the Communications
Act of 1934 (47 U.S.C. 227(b)(1)) is amended by striking ``It shall''
and all that follows through ``United States--'' and inserting the
following: ``It shall be unlawful for any person within the United
States, or any person outside the United States if the recipient is
within the United States--''.
SEC. 4. EFFECT ON STATE LAW.
Section 227(f)(1) of the Communications Act of 1934 (47 U.S.C.
227(f)(1)) is amended to read as follows:
``(1) In general.--No requirement or prohibition may be
imposed under the laws of any State with respect to any subject
matter regulated under this section, except for telephone
solicitations.''. | Mobile Informational Call Act of 2011 - Amends the Communications Act of 1934 to revise the categories of calls (other than a call made for emergency purposes or made with the prior express consent of the called party) in which people are prohibited from using any automatic telephone dialing system or an artificial or prerecorded voice. Prohibits such calls to any telephone number assigned to a cellular service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call, unless the call is made for a commercial purpose that does not constitute a telephone solicitation.
Defines "prior express consent" as the oral or written approval of a person: (1) for the initiation of a telephone call to such person by or on behalf of an entity with which such person has an established business relationship, and (2) that is provided when such person purchases a good or service or at any other point during such relationship.
Deems a person who provides a telephone number as a means of contact to have evidenced such consent.
Prohibits a state from imposing any requirement or prohibition with respect to the use of telephone equipment subject to federally regulated restrictions, except for telephone solicitations. | To amend the Communications Act of 1934 to permit informational calls to mobile telephone numbers, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Reform Act of 1995''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--IMMIGRATION AND LAW ENFORCEMENT
Sec. 101. Increased personnel levels of the border patrol.
Sec. 102. Increased funding for the border patrol.
Sec. 103. Inservice training for the border patrol.
Sec. 104. Increase in I.N.S. support personnel.
Sec. 105. Strengthened enforcement of wage and hour laws.
Sec. 106. Strengthened enforcement of the employer sanctions
provisions.
Sec. 107. Increased number of assistant United States attorneys.
Sec. 108. Prohibition of transportation of aliens for purposes of
employment.
Sec. 109. Limitation on Federal financial assistance to localities that
refuse to cooperate in the arrest and
deportation of unlawful aliens.
Sec. 110. Negotiations with Mexico and Canada.
TITLE II--IMMIGRATION DOCUMENT FRAUD PREVENTION
Sec. 201. Issuance of new identification cards for aliens.
Sec. 202. Implementation.
Sec. 203. No national identity card.
Sec. 204. Employer education program.
Sec. 205. Authorization of appropriations.
Sec. 206. Employment eligibility verification demonstration project.
TITLE III--RESTRICTIONS ON ALIEN ELIGIBILITY FOR WELFARE
Sec. 301. Prohibition of direct Federal financial benefits and
unemployment benefits to aliens who are not
lawful permanent residents.
TITLE I--IMMIGRATION AND LAW ENFORCEMENT
SEC. 101. INCREASED PERSONNEL LEVELS OF THE BORDER PATROL.
The number of full-time positions in the Border Patrol of the
Department of Justice for fiscal year 1996 shall be increased to 8,000.
SEC. 102. INCREASED FUNDING FOR THE BORDER PATROL.
In addition to funds otherwise available for such purposes, there
are authorized to be appropriated to the Attorney General $50,000,000
for the fiscal year 1996, which amount shall be available only for
equipment, support services, and initial training for the Border
Patrol. Funds appropriated pursuant to this section are authorized to
remain available until expended.
SEC. 103. INSERVICE TRAINING FOR THE BORDER PATROL.
(a) Requirement.--Section 103 of the Immigration and Nationality
Act (8 U.S.C. 1103) is amended by adding at the end the following new
subsection:
``(e)(1) The Attorney General shall continue to provide for such
programs of inservice training for full-time and part-time personnel of
the Border Patrol in contact with the public as will familiarize the
personnel with the rights and varied cultural backgrounds of aliens and
citizens in order to ensure and safeguard the constitutional and civil
rights, personal safety, and human dignity of all individuals, aliens
as well as citizens, within the jurisdiction of the United States with
whom they have contact in their work.
``(2) The Attorney General shall provide that the annual report of
the Service include a description of steps taken to carry out paragraph
(1).''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General $1,000,000 for fiscal year 1996 to
carry out the inservice training described in section 103(e) of the
Immigration and Nationality Act. The funds appropriated pursuant to
this subsection are authorized to remain available until expended.
SEC. 104. INCREASE IN I.N.S. SUPPORT PERSONNEL.
In order to provide support for the increased personnel levels of
the border patrol authorized in section 101, the number of full-time
support positions for investigation, detention and deportation,
intelligence, information and records, legal proceedings, and
management and administration in the Immigration and Naturalization
Service shall be increased by 580 positions above the number of
equivalent positions as of September 30, 1994.
SEC. 105. STRENGTHENED ENFORCEMENT OF WAGE AND HOUR LAWS.
(a) In General.--The number of full-time positions in the Wage and
Hour Division with the Employment Standards Administration of the
Department of Labor for the fiscal year 1996 shall be increased by 250
positions above the number of equivalent positions available to the
Wage and Hour Division as of September 30, 1994.
(b) Assignment.--Individuals employed to fill the additional
positions described in subsection (a) shall be assigned to investigate
violations of wage and hour laws in areas where the Attorney General
has notified the Secretary of Labor that there are high concentrations
of undocumented aliens.
SEC. 106. STRENGTHENED ENFORCEMENT OF THE EMPLOYER SANCTIONS
PROVISIONS.
(a) In General.--The number of full-time positions in the
Investigations Division within the Immigration and Naturalization
Service of the Department of Justice for the fiscal year 1996 shall be
increased by 250 positions above the number of equivalent positions
available to such Division as of September 30, 1994.
(b) Assignment.--Individuals employed to fill the additional
positions described in subsection (a) shall be assigned to investigate
violations of the employer sanctions provisions contained in section
274A of the Immigration and Nationality Act, including investigating
reports of violations received from officers of the Employment
Standards Administration of the Department of Labor.
SEC. 107. INCREASED NUMBER OF ASSISTANT UNITED STATES ATTORNEYS.
(a) In General.--The number of Assistant United States Attorneys
that may be employed by the Department of Justice for the fiscal year
1996 shall be increased by 21 above the number of Assistant United
States Attorneys that could be employed as of September 30, 1994.
(b) Assignment.--Individuals employed to fill the additional
positions described in subsection (a) shall be specially trained to be
used for the prosecution of persons who bring into the United States or
harbor illegal aliens, fraud, and other criminal statutes involving
illegal aliens.
SEC. 108. PROHIBITION OF TRANSPORTATION OF ALIENS FOR PURPOSES OF
EMPLOYMENT.
Section 274(a)(1)(A)(ii) of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)(A)(ii)) is amended by inserting before the semicolon
at the end the following: ``or in furtherance of the employment of such
alien''.
SEC. 109. LIMITATION ON FEDERAL FINANCIAL ASSISTANCE TO LOCALITIES THAT
REFUSE TO COOPERATE IN THE ARREST AND DEPORTATION OF
UNLAWFUL ALIENS.
Notwithstanding any other provision of law, no Federal financial
assistance shall be paid to any local government on and after such date
as the Attorney General certifies that an official, officer, or
employee of the local government (including its police department) in
the exercise of (and within the lawful scope of) the individual's
official duties has refused, on or after the date of the enactment of
this Act, to cooperate with an officer or employee of the Department of
Justice (including the Immigration and Naturalization Service) with
respect to the arrest and deportation of an alien who is not lawfully
present within the United States.
SEC. 110. NEGOTIATIONS WITH MEXICO AND CANADA.
It is the sense of the Congress that--
(1) the Attorney General, jointly with the Secretary of
State, should initiate discussions with Mexico and Canada to
establish formal bilateral programs with those countries to
prevent and to prosecute the smuggling of undocumented aliens
into the United States;
(2) not later than one year after the date of enactment of
this Act, the Attorney General shall report to the Congress the
progress made in establishing such programs; and
(3) in any such program established under this Act, major
emphasis should be placed on deterring and prosecuting persons
involved in the organized and continued smuggling of
undocumented aliens.
TITLE II--IMMIGRATION DOCUMENT FRAUD PREVENTION
SEC. 201. ISSUANCE OF NEW IDENTIFICATION CARDS FOR ALIENS.
(a) In General.--The Attorney General shall cause to be issued new
registration and identification cards to all aliens who are qualified
to hold employment in the United States for the purpose of providing
proof of employment eligibility under section 274A of the Immigration
and Nationality Act (8 U.S.C. 1324a).
(b) Requirements.--(1) Each new registration and identification
card issued under subsection (a) shall--
(A) be in a form which is resistant to counterfeiting and
tampering;
(B) be designed in such a manner so that an employer can
reliably determine that--
(i) the person with the bearer's claimed identity
is eligible to be employed in the United States, and
(ii) the bearer is not claiming the identity of
another individual;
(C) contain a photograph and other identifying information
(such as date of birth, sex, and distinguishing marks) that
would allow an employer to determine with reasonable certainty
that the bearer is not claiming the identity of another
individual;
(D) in the case of a card issued to--
(i) a work-eligible nonimmigrant admitted under
section 214 of the Immigration and Nationality Act (8
U.S.C. 1184),
(ii) an alien admitted for temporary residence
under section 210 of such Act (8 U.S.C. 1160),
(iii) an alien granted temporary protected status
under section 244A of such Act (8 U.S.C. 1254a), and
(iv) an alien authorized to work by the Immigration
and Naturalization Service pending a final
determination of deportability,
shall specify the expiration date of the work authorization on
the face of the card; and
(E) shall specify the alien's admission number or alien
file number.
(2) The new card shall be valid for a period of 10 years and must
be reissued to remain valid after the 10th anniversary of the date of
its issue.
(3) The new card shall note on its face whether work authorization
is restricted.
(4) An employer, for purposes of satisfying the requirements of
section 274A(b) of the Immigration and Nationality Act--
(A) may require an alien seeking employment to produce the
new card as proof of employment eligibility, and
(B) may inquire whether an applicant's limited work
authorization has expired or has been reauthorized at the end
of a work authorization period.
Such a requirement or inquiry shall not constitute an unfair
immigration-related employment practice under section 274B of such Act.
SEC. 202. IMPLEMENTATION.
(a) In General.--Each alien who is authorized to be employed in the
United States shall, on or before October 1, 1996, turn in any alien
registration and identification card which is in the alien's possession
at any post office or office of the Immigration and Naturalization
Service. No resident alien shall receive the new card until--
(1) the alien--
(A) has surrendered the old green card,
(B) has provided proof of identity,
(C) has provided such other documents as may be
required under law, and
(D) has paid a fee (not to exceed $75) that is
reasonable and sufficient to cover the costs of
administration of this section; and
(2) the Service has verified the lawful status of the
alien.
The Attorney General may waive payment of the fee under paragraph
(1)(D) (or reduce the amount of such fee) if the alien provides
satisfactory evidence that the alien cannot afford the full fee.
(b) Posting of Notices.--Notices of the requirement of subsection
(a) shall be posted in all post offices and Immigration and
Naturalization Service offices and published in local newspapers during
fiscal year 1996.
(c) Invalidity of Old Cards.--Any alien registration or
identification card for permanent resident aliens, other than an alien
registration and identification card issued under this section, shall
be invalid as of midnight of October 1, 1998.
(d) Use of New Cards Under SAVE Program.--
(1) In general.--Section 1137(d) of the Social Security Act
(42 U.S.C. 1320b-7(d)) is amended--
(A) in paragraph (2), by striking ``either'' and
all that follows through the end and inserting the
following: ``a registration and identification card
issued under section 2(a) of the Immigration Reform Act
of 1995.'',
(B) in paragraph (3), by striking ``paragraph
(2)(A)'' and inserting ``paragraph (2)'', and
(C) in paragraph (4), by striking ``paragraph
(2)(A)'' and inserting ``such paragraph''.
(2) Housing assistance.--Section 214(d) of the Housing and
Community Development Act of 1980 (42 U.S.C. 1436a(d)) is
amended--
(A) in paragraph (2), by striking ``either'' and
all that follows through the end and inserting the
following: ``a registration and identification card
issued under section 2(a) of the Immigration Reform Act
of 1995.'',
(B) in paragraph (3), by striking ``paragraph
(2)(A)'' and inserting ``paragraph (2)'',
(C) in paragraph (4), by striking ``paragraph
(2)(A)'' the first place it appears and inserting
``paragraph (2)'', and
(D) in paragraph (4), by striking ``paragraph
(2)(A)'' the second place it appears and inserting
``such paragraph''.
(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 1998.
SEC. 203. NO NATIONAL IDENTITY CARD.
The new card described in section 201--
(1) shall not be considered a national identity card;
(2) shall not be issued to any citizen or national of the
United States; and
(3) shall--
(A) not be required to be carried on one's person,
and
(B) not be required to be presented other than--
(i) upon request by a prospective employer
for any purposes other than under this section
or under sections 1001, 1023, 1566, and 1621 of
title 18, United States Code, or to satisfy the
requirements of section 274A of the Immigration
and Nationality Act, or
(ii) for purposes of carrying out section
1137(d) of the Social Security Act or section
214(d) of the Housing and Community Development
Act of 1980.
SEC. 204. EMPLOYER EDUCATION PROGRAM.
The Attorney General, in consultation with the Secretary of Labor,
the Administrator of the Small Business Administration, and the
Commissioner of the Internal Revenue, shall conduct a nationwide
program to inform employers about their responsibilities under the
Immigration and Nationality Act and the uses of the new alien
registration and identification cards issued under this Act.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for each of
fiscal years 1996 and 1997 to carry out this Act.
SEC. 206. EMPLOYMENT ELIGIBILITY VERIFICATION DEMONSTRATION PROJECT.
The Attorney General shall continue to conduct the demonstration
projects under section 274A of the Immigration and Nationality Act in
order to establish if it is feasible to determine the employment
eligibility of aliens authorized to work in the United States through
the use of a telephone and computation capability that is available on
the date of enactment of this Act. The Attorney General shall submit a
report to Congress on such projects by not later than October 1, 1995.
TITLE III--RESTRICTIONS ON ALIEN ELIGIBILITY FOR WELFARE
SECTION 301. PROHIBITION OF DIRECT FEDERAL FINANCIAL BENEFITS AND
UNEMPLOYMENT BENEFITS TO ALIENS WHO ARE NOT LAWFUL
PERMANENT RESIDENTS.
(a) In General.--On and after the date of the enactment of this
Act, notwithstanding any other provision of law, no direct Federal
financial benefit or social insurance benefit, including (but not
limited to)--
(1) payments under the aid to families with dependent
children program under part A of title IV of the Social
Security Act,
(2) benefits under the supplemental security income program
under title XVI of the Social Security Act,
(3) food stamps under the Food Stamp Act of 1977, and
(4) financial assistance (as defined in section 214(b) of
the Housing and Community Development Act of 1980),
may be paid or otherwise given to any person who is not a citizen or
national of the United States, an alien lawfully admitted for permanent
residence, or an alien otherwise lawfully and permanently residing in
the United States (as defined in subsection (e)), except pursuant to a
provision of the Immigration and Nationality Act.
(b) Unemployment Benefits.--No alien who has not been granted
employment authorization pursuant to Federal law shall be eligible for
unemployment benefits.
(c) Social Security Benefits.--
(1) In general.--Subsection (a) shall not apply to benefits
paid under the old age, survivors, and disability insurance
program under title II of the Social Security Act.
(2) No credit for wages for unauthorized employment.--
Notwithstanding any other provision of law, wages paid on or
after the date of the enactment of this Act with respect to an
alien's employment which is not authorized under law shall not
be taken into account in crediting quarters of coverage under
title II of the Social Security Act.
(d) Construction.--This section shall not apply to the provision of
foreign aid to aliens abroad.
(e) Definition.--For purposes of this section, the term ``alien
otherwise lawfully and permanently residing in the United States''
means any person who at the time the person applies for, receives, or
attempts to receive a Federal financial benefit or social insurance
benefit is an asylee, a refugee, or a parolee. | TABLE OF CONTENTS:
Title I: Immigration and Law Enforcement
Title II: Immigration Document Fraud Prevention
Title III: Restrictions on Alien Eligibility for Welfare
Immigration Reform Act of 1995 -
Title I: Immigration and Law Enforcement
- Increases: (1) FY 1996 personnel levels and funding for the Border Patrol; and (2) personnel levels for the Immigration and Naturalization Service (INS).
(Sec. 103) Amends the Immigration and Nationality Act (Act) to provide for inservice training to familiarize Border Patrol personnel with the rights and varied cultural backgrounds of aliens and citizens. Authorizes FY 1996 appropriations.
(Sec. 105) Increases FY 1996 personnel levels in: (1) the Wage and Hour Division with the Employment Standards Administration of the Department of Labor, and assigns such additional personnel to areas with high concentrations of undocumented aliens; and (2) the Investigations Division within INS, and assigns such additional personnel to investigate violations of the employer sanctions provisions of the Act.
(Sec. 107) Increases the number of Assistant United States Attorney positions, and assigns such additional personnel to prosecute persons who harbor or bring illegal aliens into the United States.
(Sec. 108) Prohibits the transportation of illegal aliens for employment purposes.
(Sec. 109) Prohibits Federal financial assistance to localities whose officials refuse to cooperate in the arrest and deportation of illegal aliens.
(sec. 110) Expresses the sense of the Congress that the Attorney General and the Secretary of State should initiate programs with Mexico and Canada to prevent and prosecute the smuggling of aliens into the United States.
Title II: Immigration Document Fraud Prevention
- Provides for: (1) the replacement of current alien registration cards with new counterfeit-resistant identification cards (which shall not be considered national identity cards) for all resident aliens eligible to work in the United States; (2) a national program to educate employers about their responsibilities under the Immigration and Nationality Act and the uses of such cards; and (3) a demonstration program to determine the feasibility of a computerized telephone worker verification system for employers. Authorizes FY 1996 and 1997 appropriations.
Title III: Restrictions on Alien Eligibility for Welfare
- Prohibits direct Federal financial benefits or social insurance benefits (including aid to families with dependent children, supplemental security income, food stamps, and public housing assistance) to aliens who are not lawful permanent residents.
Prohibits unemployment benefits to aliens who have not been granted employment authorization under Federal law.
Makes a limited exception from this prohibition for benefits under the old age, survivors, and disability insurance (OASDI) program, but prohibits taking into account unauthorized wages paid on or after enactment of this Act in crediting quarters of coverage for the OASDI program under the Social Security Act. | Immigration Reform Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Rights Protection Act''.
SEC. 2. DEFINITION OF WATER RIGHT.
In this Act, the term ``water right'' means any surface or
groundwater right filed, permitted, certified, confirmed, decreed,
adjudicated, or otherwise recognized by a judicial proceeding or by the
State in which the user acquires possession of the water or puts the
water to beneficial use, including water rights for federally
recognized Indian tribes.
SEC. 3. TREATMENT OF WATER RIGHTS.
The Secretary of the Interior and the Secretary of Agriculture
shall not--
(1) condition or withhold, in whole or in part, the
issuance, renewal, amendment, or extension of any permit,
approval, license, lease, allotment, easement, right-of-way, or
other land use or occupancy agreement on--
(A) limitation or encumbrance of any water right,
or the transfer of any water right (including joint and
sole ownership), directly or indirectly to the United
States or any other designee; or
(B) any other impairment of any water right, in
whole or in part, granted or otherwise recognized under
State law, by Federal or State adjudication, decree, or
other judgment, or pursuant to any interstate water
compact;
(2) require any water user (including any federally
recognized Indian tribe) to apply for or acquire a water right
in the name of the United States under State law as a condition
of the issuance, renewal, amendment, or extension of any
permit, approval, license, lease, allotment, easement, right-
of-way, or other land use or occupancy agreement;
(3) assert jurisdiction over groundwater withdrawals or
impacts on groundwater resources, unless jurisdiction is
asserted, and any regulatory or policy actions taken pursuant
to such assertion are, consistent with, and impose no greater
restrictions or regulatory requirements than, applicable State
laws (including regulations) and policies governing the
protection and use of groundwater resources; or
(4) infringe on the rights and obligations of a State in
evaluating, allocating, and adjudicating the waters of the
State originating on or under, or flowing from, land owned or
managed by the Federal Government.
SEC. 4. RECOGNITION OF STATE AUTHORITY.
(a) In General.--In carrying out section 3, the Secretary of the
Interior and the Secretary of Agriculture shall--
(1) recognize the longstanding authority of the States
relating to evaluating, protecting, allocating, regulating, and
adjudicating groundwater by any means, including a rulemaking,
permitting, directive, water court adjudication, resource
management planning, regional authority, or other policy; and
(2) coordinate with the States in the adoption and
implementation by the Secretary of the Interior or the
Secretary of Agriculture of any rulemaking, policy, directive,
management plan, or other similar Federal action so as to
ensure that such actions are consistent with, and impose no
greater restrictions or regulatory requirements than, State
groundwater laws and programs.
(b) Effect on State Water Rights.--In carrying out this Act, the
Secretary of the Interior and the Secretary of Agriculture shall not
take any action that adversely affects--
(1) any water rights granted by a State;
(2) the authority of a State in adjudicating water rights;
(3) definitions established by a State with respect to the
term ``beneficial use'', ``priority of water rights'', or
``terms of use'';
(4) terms and conditions of groundwater withdrawal,
guidance and reporting procedures, and conservation and source
protection measures established by a State;
(5) the use of groundwater in accordance with State law; or
(6) any other rights and obligations of a State established
under State law.
SEC. 5. EFFECT OF ACT.
(a) Effect on Existing Authority.--Nothing in this Act limits or
expands any existing legally recognized authority of the Secretary of
the Interior or the Secretary of Agriculture to issue, grant, or
condition any permit, approval, license, lease, allotment, easement,
right-of-way, or other land use or occupancy agreement on Federal land
subject to the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture, respectively.
(b) Effect on Reclamation Contracts.--Nothing in this Act
interferes with Bureau of Reclamation contracts entered into pursuant
to the reclamation laws.
(c) Effect on Endangered Species Act.--Nothing in this Act affects
the implementation of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(d) Effect on Federal Reserved Water Rights.--Nothing in this Act
limits or expands any existing or claimed reserved water rights of the
Federal Government on land administered by the Secretary of the
Interior or the Secretary of Agriculture.
(e) Effect on Federal Power Act.--Nothing in this Act limits or
expands authorities under sections 4(e), 10(j), or 18 of the Federal
Power Act (16 U.S.C. 797(e), 803(j), 811).
(f) Effect on Indian Water Rights.--Nothing in this Act limits or
expands any water right or treaty right of any federally recognized
Indian tribe. | Water Rights Protection Act Prohibits the Department of the Interior and the Department of Agriculture from: conditioning or withholding the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement (permit) on the limitation or encumbrance of any water right or the transfer of any water right to the United States or any other designee, or any other impairment of any water right under state law by federal or state action; requiring any water user (including a federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under state law as a condition of such a permit; asserting jurisdiction over groundwater withdrawals or impacts on groundwater resources, unless consistent with state groundwater resource laws, regulations, and policies; or infringing on the rights and obligations of a state in evaluating, allocating, and adjudicating state waters originating on or under, or flowing from, land owned or managed by the federal government. | Water Rights Protection Act |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fair Medical
Audits Act of 2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Transparency of audit process and audit report.
Sec. 3. Qualifications of auditors.
Sec. 4. Recoupments.
Sec. 5. Extrapolation.
Sec. 6. Payment for the provision of supporting documentation.
Sec. 7. Notice of over-utilization of codes.
Sec. 8. Change in look back period.
Sec. 9. General effective date.
SEC. 2. TRANSPARENCY OF AUDIT PROCESS AND AUDIT REPORT.
Section 1893(h)(1) of the Social Security Act (42 U.S.C.
1395ddd(h)(1)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) contractors shall be required to provide
healthcare providers with--
``(i) the names and contact information for
the auditors;
``(ii) the legal authority under which the
audit is conducted;
``(iii) a clear designation of the records
to be reviewed under the audit;
``(iv) the dates by which records shall be
submitted;
``(v) the address to which the records
shall be sent;
``(vi) identification of any errors
discovered in the audit, including
specification of all medical and reimbursement
policies used in the audit findings;
``(vii) identification of any underpayments
discovered in the audit; and
``(viii) a description of how any requested
overpayment amount was calculated, including,
in cases in which extrapolation was used, the
extrapolation formula and a description of how
the random sample was developed;''.
SEC. 3. QUALIFICATIONS OF AUDITORS.
Section 1893(h)(6) of the Social Security Act (42 U.S.C.
1395ddd)(h)(6)) is amended--
(1) in subparagraph (A), by inserting before the period at
the end the following: ``, including knowledge and experience
in applicable ICD, CPT, and HCPCS codes, the format and
contents of medical records and claims forms, and (for those
individuals conducting medical necessity reviews) licensure in
a clinical discipline providing necessary expertise to
determine whether clinical tests and procedures were medically
necessary without the benefit of examining the patient,
specifically including, for medical necessity reviews of
physician records, a doctor of medicine or osteopathy of the
same specialty and subspecialty and with knowledge of the
coverage rules being applied for the same area as the physician
under review''; and
(2) by adding at the end the following new subparagraphs:
``(D) Liability for excessive overturned
determinations.--Contractors that have a certain
percentage (as determined by the Secretary in
regulations) of overpayment determinations overturned
by an Administrative Law Judge at the Office of
Medicare Hearings and Appeals shall be subject to
administrative penalty established by the Secretary in
such regulations.
``(E) Provider compensation for certain contractor
errors.--A contractor shall be liable for payment to
providers of service and suppliers for reasonable
attorneys' fees when the contractor's overpayment
determination is equal to or more than double the final
overpayment amount determined by an Administrative Law
Judge at the Office of Medicare Hearings and Appeals.
``(F) Incentive payments for provider education.--
Administrative penalties collected under subparagraph
(D) shall be available to the Secretary without
appropriation to provide incentive payments to Medicare
administrative contractors under section 1874A to carry
out improper payment outreach and education programs
under subsection (h) of such section.''.
SEC. 4. RECOUPMENTS.
(a) In General.--Section 1893(f)(2)(A) of the Social Security Act
(42 U.S.C. 1395ddd(f)(2)(A)) is amended--
(1) by striking ``until the date the decision on the
reconsideration has been rendered.'' and inserting the
following: ``until the date a decision has been rendered at the
third level of appeal by an Administrative Law Judge at the
Office of Medicare Hearings and Appeals.''; and
(2) by adding at the end the following: ``Any recoupments
made under this subparagraph based on a decision that is
subsequently reversed on appeal shall be returned to the
provider of services or supplier involved not later than 30
business days after the date of the decision of reversal on
appeal.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to recoupments occurring after the date of the enactment of this
Act.
SEC. 5. EXTRAPOLATION.
(a) In General.--Section 1893(f)(3) of the Social Security Act (42
U.S.C. 1395ddd(f)(3)) is amended--
(1) by striking the last sentence; and
(2) by adding after and below subparagraph (B) the
following:
``Extrapolation may only be used if it is based on a
statistically valid, stratified random sample, with all zero
paid claims and outliers removed. When extrapolation is used,
the median amount shall be used as the central data point for
calculating overpayments unless the data are normally
distributed, approximately normally distributed, or
symmetrical.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to determinations made after the date of the enactment of this
Act.
SEC. 6. PAYMENT FOR THE PROVISION OF SUPPORTING DOCUMENTATION.
Section 1893(f)(4) of the Social Security Act (42 U.S.C.
1395ddd(f)(4)) is amended by adding at the end the following: ``The
Secretary shall require that contractors reimburse providers of
services or suppliers for the cost of such production at rates
established by the Secretary.''.
SEC. 7. NOTICE OF OVER-UTILIZATION OF CODES.
Section 1893(f)(6) of the Social Security Act (42 U.S.C.
1395ddd(f)(6)) is amended by adding at the end the following: ``The
Secretary shall require that contractors provide such notice of over-
utilization of codes at least 90 days before the date of initiating an
audit, documentation request, or recoupment with respect to the
identified over-utilized codes against any member of the class of
providers of services or suppliers identified by the contractor as
over-utilizing codes.''.
SEC. 8. CHANGE IN LOOK BACK PERIOD.
Section 1893(h)(4)(B) of the Social Security Act (42 U.S.C.
1395ddd(h)(4)(B)) is amended by striking ``4 fiscal years'' and
inserting ``2 fiscal years''.
SEC. 9. GENERAL EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act shall
apply with respect to contracts entered into, or renewed, after the
date of the enactment of this Act. | Fair Medical Audits Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to modify requirements related to the identification and recovery of overpayments under Medicare. A contract between the the Centers for Medicare & Medicaid Services (CMS) and a recovery audit contractor must require the contractor to provide a health care provider with: (1) specified identifying, legal, and logistical information; (2) an identification of any errors or underpayments discovered in the audit; and (3) a description of how any requested overpayment amount was calculated. Standards for extrapolation when used to determine overpayment amounts are established. CMS must require a contractor to give a provider at least 90 days' notice of identified code over-utilization and to reimburse a provider for the cost of producing certain documentation. The retrospective audit period is limited to two (rather than four) years. Recovery audit contractors must have staff with knowledge and experience related to clinical licensure and medical records, claims, and codes. A contractor that has excessive overturned determinations shall be subject to administrative penalty and, under specified circumstances, liable for attorneys' fees. In the case of a provider seeking reconsideration of an overpayment determination, CMS may not recoup the overpayment until a decision has been rendered at the third level of appeal by an Administrative Law Judge. A recoupment based on a decision that is reversed on appeal must be returned to the provider within 30 days. | Fair Medical Audits Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Literacy for Financial Aid
Act''.
SEC. 2. ONLINE COUNSELING TOOLS.
(a) Option for Institutions of Higher Education.--Section
485(l)(1)(A)(ii) of the Higher Education Act of 1965 (20 U.S.C.
1092(l)(1)(A)(ii)) is amended--
(1) in subclause (II), by striking ``or'' at the end;
(2) in subclause (III), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(IV) through the use of the
online counseling tool described in
subsection (n).''.
(b) Requirements for Secretary of Education.--Section 485 of the
Higher Education Act of 1965 (20 U.S.C. 1092) is further amended by
adding at the end the following:
``(n) Online Counseling Tools.--
``(1) In general.--Beginning not later than 1 year after
the date of the enactment of the Financial Literacy for
Financial Aid Act, the Secretary shall maintain an online
counseling tool that--
``(A) provides the entrance counseling required
under subsection (l); and
``(B) meets the applicable requirements of this
subsection.
``(2) Requirements of tools.--In maintaining the online
counseling tool described in paragraph (1), the Secretary shall
ensure that the tool is--
``(A) consumer tested, in consultation with other
relevant Federal agencies, to ensure that the tool is
effective in helping individuals understand the
information described in subsection (l)(2);
``(B) interactive and tests the borrower's
understanding of the information described in
subsection (l)(2);
``(C) understandable to borrowers of loans made
under part D;
``(D) effective in providing instruction in general
financial literacy in accordance with paragraph (3) of
this subsection; and
``(E) freely available to all eligible
institutions.
``(3) General principles of financial literacy.--The
Secretary shall ensure that the online counseling tool provides
instruction in general principles of financial literacy,
including the following:
``(A) Personal income.--An explanation of--
``(i) how to identify various types of
income and expenses;
``(ii) gross and net pay and how to read a
paycheck stub; and
``(iii) how to craft financial goals.
``(B) Taxes.--An explanation of--
``(i) the history of taxes;
``(ii) the purpose and uses of taxes; and
``(iii) how to differentiate between types
of taxes.
``(C) Retirement.--An explanation of--
``(i) the importance of planning for
retirement;
``(ii) retirement strategies to achieve
financial goals;
``(iii) how to differentiate among the
types of investment vehicles for retirement;
and
``(iv) how to assess overall financial
situation in determining retirement needs.
``(D) Spending plans and banking resources.--An
explanation of--
``(i) the benefits of transaction and
savings accounts;
``(ii) how compound interest helps saved
money grow; and
``(iii) how to define and create a spending
plan.
``(E) Credit cards.--An explanation of--
``(i) how to define and calculate the cost
of borrowing;
``(ii) the difference between good debt and
bad debt;
``(iii) credit cards and how to evaluate
credit card offers;
``(iv) consumer credit rights; and
``(v) credit scores.
``(F) Financial recovery and giving back.--An
explanation of--
``(i) how to assess financial health;
``(ii) how to budget;
``(iii) how to find ways to reduce expenses
or increase income;
``(iv) the difference between credit repair
and credit consolidation;
``(v) the importance of charitable giving;
and
``(vi) how to define future financial
goals.
``(4) Record of counseling completion.--The Secretary shall
use the online counseling tool described in paragraph (1) to
keep a record of which individuals have received counseling
using the tool, and notify the applicable institutions of the
individual's completion of such counseling.''.
SEC. 3. REPORT.
Not later than 2 years after the date of the enactment of this Act,
and not less than once every 3 years thereafter, the Secretary shall
submit to the Committee on Education and the Workforce of the House of
Representatives, and the Committee on Health, Education, Labor, and
Pensions of the Senate, a written report that includes an evaluation of
the effectiveness of the instruction in general principles of financial
literacy described in section 485(n)(3) of the Higher Education Act of
1965 (20 U.S.C. 1092(n)(3)), as added by this Act. | Financial Literacy for Financial Aid Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Department of Education to maintain a consumer-tested online counseling tool that provides required entrance counseling to a student who is a first-time federal student loan borrower. | Financial Literacy for Financial Aid Act |
SECTION 1. APPLICATION OF WHISTLEBLOWER PROTECTION RULES TO LEGISLATIVE
BRANCH EMPLOYEES.
(a) In General.--Part A of title II of the Congressional
Accountability Act of 1995 (2 U.S.C. 1311 et seq.) is amended--
(1) in the heading, by striking ``fair labor standards,''
and all that follows and inserting ``and other protections and
benefits'';
(2) by redesignating section 207 as section 208; and
(3) by inserting after section 206 the following:
``SEC. 207. RIGHTS AND PROTECTIONS UNDER WHISTLEBLOWER PROTECTION
RULES.
``(a) Rights and Protections Described.--
``(1) In general.--No employing office may take or fail to
take, or threaten to take or fail to take, a personnel action
(within the meaning of chapter 23 of title 5, United States
Code) with respect to any covered employee or applicant for
employment because of--
``(A) any disclosure of information by a covered
employee or applicant which the employee or applicant
reasonably believes evidences--
``(i) a violation of any law, rule, or
regulation; or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety;
if such disclosure is not specifically prohibited by
law and if such information is not specifically
required by Executive order or the rules of the Senate
or the House of Representatives to be kept secret in
the interest of national defense or the conduct of
foreign affairs; or
``(B) any disclosure to the General Counsel, or to
the Inspector General of a legislative or executive
agency or another employee designated by the head of
the legislative or executive agency to receive such
disclosures, of information which the employee or
applicant reasonably believes evidences--
``(i) a violation of any law, rule, or
regulation; or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety.
``(2) Definitions.--For purposes of this section and for
purposes of applying the procedures established under title IV
for the consideration of alleged violations of this section--
``(A) the term `covered employee' includes an
employee of the Government Accountability Office or
Library of Congress; and
``(B) the term `employing office' includes the
Government Accountability Office and the Library of
Congress.
``(b) Remedy.--The remedy for a violation of subsection (a) shall
be such remedy as would be appropriate if awarded under chapter 12 of
title 5, United States Code, with respect to a prohibited personnel
practice described in section 2302(b)(8) of such title.
``(c) Regulations To Implement Section.--
``(1) In general.--The Board shall, pursuant to section
304, issue regulations to implement this section.
``(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as the substantive regulations
promulgated by the Merit Systems Protection Board to implement
chapters 12 and 23 of title 5, United States Code, except to
the extent that the Board of Directors of the Office of
Compliance may determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under this section.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for part A of
title II of the Congressional Accountability Act of 1995 is
amended--
(A) in the item relating to part A, by striking
``FAIR LABOR STANDARDS,'' and all that follows and
inserting ``AND OTHER PROTECTIONS AND BENEFITS'';
(B) by redesignating the item relating to section
207 as relating to section 208; and
(C) by inserting after the item relating to section
206 the following:
``Sec. 207. Rights and protections under whistleblower protection
rules.''.
(2) Application of laws.--Section 102(a) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1302(a)) is
amended by adding at the end the following:
``(12) Section 2302(b)(8) of title 5, United States
Code.''. | Amends the Congressional Accountability Act of 1995 to apply whistleblower rights and protections to legislative branch employees, including those of the Government Accountability Office or the Library of Congress.
Prescribes for violation of this Act the same remedy as would be appropriate if awarded with respect to a prohibited federal personnel practice in the executive branch. | A bill to amend the Congressional Accountability Act of 1995 to apply whistleblower protections available to certain executive branch employees to legislative branch employees, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Cruise Tourism Act of
1997''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) It is in the interest of the United States to maximize
economic return from the growing industry of pleasure cruises--
(A) by encouraging the growth of new cruise
itineraries between coastal cities in the United
States, and
(B) by encouraging the use of United States goods,
labor, and support services.
(2) In maximizing the economic benefits to the United
States from increased cruise vessel tourism, there is a need to
ensure that existing employment and economic activity
associated with United States-flag vessels (including tour
boats, river boats, intracoastal waterway cruise vessels, and
ferries) are protected and to provide for the reemergence of a
United States-flag cruise vessel industry.
(3) The pleasure cruise industry is one of the fastest
growing segments of the tourism industry and is expected to
grow at a rate of 5 percent a year over the next few years.
(4) The United States-flag ocean cruise vessel fleet
consists of only a single vessel that tours the Hawaiian
Islands. As a result, all the cruise vessels carrying
passengers to and from United States ports are foreign-flag
vessels and the United States ports served are mostly ports
that are close enough to foreign ports to allow intermediate
calls.
(5) Prohibiting cruises between United States ports by
foreign-flag vessels results in the loss of tourist dollars and
revenue for United States ports and greatly disadvantages
United States ports and coastal communities.
SEC. 3. FOREIGN-FLAG CRUISE VESSELS.
(a) Definitions.--In this Act:
(1) Coastwise trade.--The term ``coastwise trade'' means
the coastwise trade provided for in section 12106 of title 46,
United States Code and includes trade in the Great Lakes.
(2) Cruise vessel.--The term ``cruise vessel'' means a
vessel of greater than 4,000 gross registered tons which
provides a full range of luxury accommodations, entertainment,
dining, and other services for its passengers.
(3) Foreign-flag cruise vessel.--The term ``foreign-flag
cruise vessel'' does not apply to a vessel which--
(A) provides ferry services or intracoastal
waterway cruises;
(B) regularly carries for hire both passengers and
vehicles or other cargo; or
(C) serves residents of the vessel's ports of call
in the United States as a common or frequently used
means of transportation between United States ports.
(4) Repair and maintenance service.--The term ``repair and
maintenance service'' includes alterations and upgrades.
(b) Waiver.--Notwithstanding the provisions of section 8 of the Act
of June 19, 1886 (24 Stat. 81, Chapter 421; 46 U.S.C. App. 289), or any
other provision of law, and except as otherwise provided by this
section, the Secretary of Transportation (in this Act referred to as
the ``Secretary'') may approve the transportation of passengers on
foreign-flag cruise vessels not otherwise qualified to engage in the
coastwise trade between ports in the United States, directly or by way
of a foreign port.
(c) Exceptions.--
(1) In general.--The Secretary may not approve the
transportation of passengers on a foreign-flag cruise vessel
pursuant to this section with respect to any coastwise trade
that is being served by a United States-flag cruise vessel.
(2) United states-flag service initiated after approval of
foreign-flag vessel.--Upon a showing to the Secretary, by a
United States-flag cruise vessel owner or charterer, that
service aboard a cruise vessel qualified to engage in the
coastwise trade is being offered or advertised pursuant to a
Certificate of Financial Responsibility for Indemnification of
Passengers for Nonperformance of Transportation from the
Federal Maritime Commission (issued pursuant to section 3 of
Public Law 89-777; 46 U.S.C. App. 817e) for service in the
coastwise trade on an itinerary substantially similar to that
of a foreign-flag cruise vessel transporting passengers under
authority of this section, the Secretary shall, in accordance
with subsection (d)(2), notify the owner or charterer of the
foreign-flag cruise vessel that the Secretary will, within 3
years after the date of notification, terminate such service.
(d) Termination.--
(1) In general.--Coastwise trade privileges granted to such
owner or charterer of a foreign-flag cruise vessel under this
section shall expire on the date that is 3 years after the date
of the Secretary's notification described in subsection (c)(2).
(2) Order of termination.--Any notification issued by the
Secretary under this subsection shall be issued to the owner or
charterer of a foreign-flag cruise vessel--
(A) in the reverse order in which the foreign-flag
cruise vessel entered service in the coastwise trade
under this section, determined by the date of the
vessel's first coastwise sailing; and
(B) in the minimum number necessary to ensure that
the passenger-carrying capacity thereby removed from
the coastwise trade service exceeds the passenger-
carrying capacity of the United States-flag cruise
vessel entering the service.
(3) Exception.--If, at the expiration of the 3-year period
specified in paragraph (1), the United States-flag cruise
vessel that has been offering or advertising service pursuant
to a certificate described in subsection (c)(2) has not entered
the coastwise trade described in subsection (c)(2), then the
termination of service required by paragraph (1) shall not take
effect until 180 days after the date of the entry into that
coastwise trade service by the United States-flag cruise
vessel.
(e) Requirement For Repairs In United States Shipyards.--
(1) In general.--The owner or charterer of a foreign-flag
cruise vessel that is qualified to provide coastwise trade
service under this section is required to have repair and
maintenance service for the vessel performed in the United
States during the period that such vessel is qualified for such
coastwise trade service, except in a case in which the vessel
requires repair and maintenance service while at a distant
foreign port (as defined in section 4.80a(a) of title 19, Code
of Federal Regulations (or any corresponding similar regulation
or ruling)).
(2) Action if requirement not met.--
(A) General rule.--If the Secretary determines that
the owner or charterer has not met the repair and
maintenance service requirement described in paragraph
(1), the Secretary shall terminate the coastwise trade
privileges granted to the owner or charterer under this
section.
(B) Waiver.--The Secretary may waive the repair and
maintenance service requirement if the Secretary finds
that--
(i) the repair and maintenance service is
not available in the United States, or
(ii) an emergency prevented the owner or
charterer from obtaining the service in the
United States.
(f) Alien Crewmen.--Section 252 of the Immigration and Nationality
Act (8 U.S.C. 1282) is amended--
(1) in subsection (a), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B);
(2) by inserting ``(1)'' immediately after ``(a)'';
(3) in subsection (a)(1) (as redesignated), in the second
sentence, by inserting ``, except as provided in paragraph (2),
and'' after ``subsection (b),'';
(4) by adding at the end of subsection (a)(1) (as
redesignated), the following:
``(2) An immigration officer may extend for a period or periods of
up to 6 months each a conditional permit to land that is granted under
paragraph (1) to an alien crewman employed on a vessel if the owner or
charterer of the vessel requests the extension and the immigration
officer determines that the extension is necessary to maintain the
vessel in the coastwise trade between ports in the United States,
directly or by way of a foreign port.''; and
(5) in subsection (b), by striking ``subsection (a)(1)''
and inserting ``subsection (a)(1)(A)''.
(g) Disclaimer.--
(1) In general.--Nothing in this Act shall be construed as
affecting or otherwise modifying the authority contained in--
(A) Public Law 87-77 (46 U.S.C. App. 289b)
authorizing the transportation of passengers and
merchandise in Canadian vessels between ports in Alaska
and the United States; or
(B) Public Law 98-563 (46 U.S.C. App. 289c)
permitting the transportation of passengers between
Puerto Rico and other United States ports.
(2) Jones act.--Except as otherwise expressly provided in
this Act, nothing in this Act shall be construed as affecting
or modifying the provisions of the Merchant Marine Act, 1920. | United States Cruise Tourism Act of 1997 - Authorizes the Secretary of Transportation to approve the transportation of passengers on foreign-flag cruise vessels not otherwise qualified to engage in the coastwise trade between ports in the United States, directly or by way of a foreign port, except with respect to coastwise trade served by a U.S.-flag cruise vessel. Requires termination of any such foreign-flag cruise vessel passenger service within three years after a U.S.-flag cruise vessel commences such service between the same ports.
Requires the owner or charterer of a qualified foreign-flag cruise vessel to have any vessel repairs performed in the United States, unless the vessel requires repairs or service while at a distant foreign port. Directs the Secretary to terminate the coastwise trade privileges of the owner or charterer of a foreign-flag cruise vessel if such repairs have not been made in the United States. Provides a waiver of such requirements in emergencies.
Amends the Immigration and Nationality Act to authorize an immigration officer to extend for a period or periods of up to six months each a conditional permit to land temporarily in the United States granted to an alien crewman employed on a vessel, if the vessel owner or charterer requests the extension and the immigration officer determines that it is necessary to maintain the vessel in the coastwise trade between ports in the United States, directly or by way of a foreign port. | United States Cruise Tourism Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Counsel Act of 1993''.
SEC. 2. EXTENSION.
Section 599 of title 28, United States Code, is amended by striking
``five years'' and inserting ``eleven years''.
SEC. 3. APPLICATION TO MEMBERS OF CONGRESS.
Section 591(b) of title 28, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) any Senator, or any Representative in, or Delegate or
Resident Commissioner to, the Congress, or any person who has
served as a Senator or such a Representative, Delegate, or
Resident Commissioner within the 2-year period before the
receipt of the information under subsection (a) with respect to
conduct that occurred while such person was a Senator or such a
Representative, Delegate, or Resident Commissioner.''.
SEC. 4. PERIODIC REAPPOINTMENT OF INDEPENDENT COUNSEL.
Section 596 of title 28, United States Code, is amended by adding
at the end the following:
``(d) Periodic Reappointment of Independent Counsel.--If an office
of independent counsel has not terminated before--
``(1) the date two years after the original appointment to
that office; or
``(2) the end of each succeeding 2-year period;
such counsel shall apply to the division of the court for
reappointment. The court shall first determine whether the office of
that independent counsel should be terminated under subsection (b)(2).
If the court determines that such office will not be terminated under
such subsection, the court shall reappoint the applicant if the court
determines such applicant remains the appropriate person to carry out
the duties of the office. If not, the court shall appoint some other
person whom it considers qualified under the standards set forth in
section 593 of this title. If the court has not taken the actions
required by this subsection within 90 days after the end of the
applicable 2-year period, then that office of independent counsel shall
terminate at the end of that 90-day period.''.
SEC. 5. PERIODIC REPORTS.
Section 595(a)(2) of title 28, United States Code, is amended by
striking ``such statements'' and all that follows through
``appropriate'' and inserting ``annually a report on the activities of
such independent counsel, including a description of the progress of
any investigation or prosecution conducted by such independent counsel.
Such report need not contain any matter that in the judgment of the
independent counsel should be kept confidential, but shall provide
information adequate to justify the expenditures which the office of
that independent counsel has made, and indicate in general terms the
state of the work of the independent counsel''.
SEC. 6. EFFECT OF TERMINATION OF CHAPTER.
Section 599 of title 28, United States Code, is amended by
inserting ``, or until 120 days have elapsed, whichever is earlier''
after ``completed''.
SEC. 7. SUBPOENA POWER.
Section 592(a)(2) of title 28, United States Code, is amended by
striking ``grant immunity, or issue subpoenas'' and inserting ``or
grant immunity, but may issue subpoenas duces tecum''.
SEC. 8. CONGRESSIONAL REQUESTS.
Section 592(g)(2) of title 28, United States Code, is amended in
the first sentence--
(1) by inserting after ``request under paragraph (1)'' the
following: ``with respect to possible violations of law
described in section 591(a) by any person described in section
591(b)''; and
(2) by striking ``subsection (a) or (c) of section 591, as
the case may be'' and inserting ``section 591(a)''.
SEC. 9. ATTORNEY'S FEES.
Section 593(f)(1) of title 28, United States Code, is amended--
(1) by striking ``, if no indictment is brought against
such individual pursuant to that investigation,''; and
(2) by striking ``during that investigation''.
SEC. 10. INDEPENDENT COUNSEL PER DIEM EXPENSES.
Section 594(b) of title 28, United States Code, is amended to read
as follows:
``(b) Compensation.--
``(1) In general.--Except as provided in paragraph (2), an
independent counsel appointed under this chapter shall receive
compensation at the per diem rate equal to the annual rate of
basic pay payable for level IV of the Executive Schedule under
section 5315 of title 5.
``(2) Travel and lodging in washington.--An independent
counsel and persons appointed under subsection (c) shall not be
entitled to the payment of travel and subsistence expenses
under subchapter 1 of chapter 57 of title 5, with respect to
duties performed in the District of Columbia after 1 year of
service under this chapter.''.
SEC. 11. RESTRICTIONS ON STAFF.
Section 594(c) of title 28, United States Code, is amended--
(1) by inserting after ``competitive service.'' the
following: ``Such employees shall be paid salaries at levels
not to exceed those paid for comparable positions in the office
of United States Attorney for the District of Columbia under
sections 548 and 550 of this title.''; and
(2) by adding at the end the following: ``To the greatest
extent possible, an independent counsel shall use personnel of
the Department of Justice, in lieu of appointing employees, to
carry out the duties of the office of such independent counsel.
Not more than $500,000 may be expended in any 1-year period to
compensate employees appointed by an independent counsel or
detailed to the office of such independent counsel under this
subsection, except to the extent that an appropriations Act
specifically makes available additional funds for such
purpose.''.
SEC. 12. COMPLIANCE WITH POLICIES OF THE DEPARTMENT OF JUSTICE.
Section 594(f) of title 28, United States Code, is amended--
(1) by striking ``shall, except where not possible,
comply'' and inserting ``shall, except where inconsistent with
the purposes of this chapter, comply''; and
(2) by inserting after ``criminal laws'' the following ``,
and with respect to expenditures of funds by the Department''.
SEC. 13. ETHICS ENFORCEMENT.
Section 594(j) of title 28, United States Code, is amended by
adding at the end the following new paragraph:
``(5) Enforcement.--The Department of Justice and the
Office of Government Ethics have authority to enforce
compliance with this subsection.''.
SEC. 14. RESTRICTION ON EXPENDITURES.
Section 594 of title 28, United States Code, is amended by adding
at the end the following:
``(l) Limitation on Expenditures.--No funds may be expended for the
operation of any office of independent counsel after the end of the 2-
year period after its establishment, except to the extent that an
appropriations Act enacted after such establishment specifically makes
available funds for such office for use after the end of that 2-year
period.''.
SEC. 15. ADMINISTRATIVE AND COST CONTROLS.
Section 594 of title 28, United States Code, is amended by adding
at the end the following:
``(m) Administrative and Cost Controls.--
``(1) Administrative controls.--The Director of the
Administrative Office of the United States Courts shall provide
administrative support and guidance to each independent
counsel. The Administrator of General Services, in consultation
with the Director of the Administrative Office, shall promptly
provide appropriate office space within a Federal building for
each independent counsel.
``(2) Cost controls.--An independent counsel shall--
``(A) conduct all activities with due regard for
expense;
``(B) authorize only reasonable expenditures; and
``(C) promptly upon taking office, assign to a
specific employee the duty to ensure expenditures are
made in accordance with the principles set forth in
subparagraphs (A) and (C).''.
SEC. 16. GAO REPORT.
The Comptroller General of the United States shall submit to the
Congress, not later than 1 year after the date of the enactment of this
Act, a report setting forth recommendations of ways to improve controls
on costs of offices of independent counsel under chapter 40 of title
28, United States Code. | Independent Counsel Act of 1993 - Amends the Federal judicial code to reauthorize the independent counsel law for an additional five years.
Makes such law applicable to Senators and Representatives in, and Delegates and Resident Commissioners to, the Congress, subject to specified limitations.
Provides for the periodic reappointment of an independent counsel.
Revises provisions regarding: (1) subpoena power; (2) congressional requests for information; (3) attorney fees; (4) independent counsel per diem expenses; and (5) compliance with policies of the Department of Justice (DOJ).
Limits the salaries of employees of the independent counsel's office to those paid for comparable positions in the office of the U.S. Attorney for the District of Columbia. Requires that an independent counsel use DOJ personnel in lieu of appointing employees to carry out the duties of the office of independent counsel. Limits to $500,000 the amount that may be expended in any one-year period to compensate employees appointed by an independent counsel or detailed to such office, with exceptions.
Grants DOJ and the Office of Government Ethics authority to enforce compliance with standards of conduct applicable to an independent counsel, persons serving in the office of an independent counsel, and their law firms.
Prohibits the expenditure of funds for the operation of any office of independent counsel beyond the two-year period after its establishment, with exceptions.
Requires: (1) the Director of the Administrative Office of the U.S. Courts to provide administrative support and guidance to each independent counsel; (2) the Administrator of General Services to promptly provide appropriate office space within a Federal building for each independent counsel; and (3) an independent counsel to conduct all activities with due regard for expense, to authorize only reasonable expenditures, and promptly upon taking office to assign to a specific employee the duty to ensure that expenditures are made in accordance with such principles.
Directs the Comptroller General of the United States to submit a report to the Congress recommending ways to improve controls on costs of independent counsel offices. | Independent Counsel Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Twenty-First Century Manufacturing
Skills and Jobs Act of 2014''.
SEC. 2. FEDERAL MATCHING PAYMENTS FOR STATE NEW MANUFACTURING JOBS
TRAINING TAX CREDITS.
(a) Authority To Make Payments.--Subject to subsection (h), the
Secretary of the Treasury shall, on a quarterly basis, make a payment
to each eligible community college in an amount equal to the aggregate
new manufacturing job withholding matches for all eligible trainees
with respect to such eligible community college for such quarter.
(b) New Manufacturing Job Tax Withholding Match.--In the case of
any quarter, the new manufacturing job withholding match with respect
to any eligible trainee is an amount equal to the amounts remitted as
described in subsection (d)(1)(A) during such quarter with respect to
such trainee by a participating eligible manufacturing employer.
(c) Eligible Community College.--For purposes of this section, the
term ``eligible community college'' means a public institution of
higher education, as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)--
(1) at which the majority of degrees awarded, for any
academic year, are 2-year associate's degrees that are
acceptable for full credit toward a baccalaureate degree,
(2) that is located in a State that has a State new
manufacturing jobs training tax credit program in effect, and
(3) that participates in such program by having in effect a
contract that meets the requirements of subsection (d)(2).
(d) State New Manufacturing Jobs Training Tax Credit Program.--
(1) Programs described.--For purposes of this section, the
term ``State new manufacturing jobs training tax credit
program'' means a program established by a State government
that provides that, if an eligible community college and an
eligible manufacturing employer sign a contract that meets the
requirements of paragraph (2) with respect to an eligible
trainee--
(A) the State income taxes withheld by the employer
on behalf of the eligible trainee, once employed by the
employer, to the extent they do not exceed the cost of
qualified training specified in such contract, will not
be remitted to the State in payment of income taxes,
but will be remitted to the eligible community college,
(B) the amounts so remitted will be treated in the
hands of the eligible community college as payment for
education provided by such community college, and
(C) for purposes of determining the State income
tax liability of the eligible trainee, the amounts so
remitted will be treated as if they had been remitted
to the State in payment of income taxes owed by the
eligible trainee.
(2) Qualified contract.--A contract meets the requirements
of this paragraph if--
(A) the contract is between an eligible community
college located in the State that has the program
described in paragraph (1) and an eligible
manufacturing employer with at least 1 job site located
in such State,
(B) the contract meets all applicable requirements
under such State program,
(C) the contract provides that--
(i) the eligible community college will
directly provide qualified training to
individuals designated by the employer or will
contract with a provider of qualified training
to provide such training to such individuals,
(ii) the eligible community college will
not charge tuition or fees to such individuals,
(iii) the employer will hire such
individuals for full-time employment at a job
site located within the State,
(iv) such individuals will be paid by the
employer a wage that is not less than the
greater of--
(I) 175 percent of the Federal
minimum wage, or
(II) the amount specified under the
State program, and
(v) as provided under the State program,
the employer will remit the State income taxes
withheld by the employer on behalf of the
individual to the community college in payment
for the training, to the extent such taxes do
not exceed the cost described in subparagraph
(D),
(D) the contract specifies the entire cost of the
qualified training (including all costs for equipment
or instructional materials) that will be provided to
each individual, and
(E) the cost and terms specified under subparagraph
(D) are reasonable by market standards.
(3) Qualified training.--For purposes of this section, the
term ``qualified training'' means education or training which,
if completed, will provide the individual with--
(A) education or skills necessary to perform the
job for which such individual will be employed,
(B) education or skills necessary to obtain a
license required under Federal, State, or local
governmental regulation for the employment of the
individual in the job for which such individual will be
employed,
(C) a certificate or credential which is required
under Federal, State, or local governmental regulation
for the employment of the individual in the job for
which such individual will be employed, or
(D) a certificate or credential aligned with
national or regionally recognized industry standards
determined appropriate by the State.
(4) Job must be new job.--
(A) In general.--A State program will not be
treated as a State new manufacturing jobs training tax
credit program for purposes of this subsection unless
the program provides that, in order to be eligible to
participate, the employer must show with respect to
each eligible trainee that such eligible trainee is
hired for a job that--
(i) is a new job (which, for purposes of
this paragraph, may include a new position
within an existing job category), and not a job
of a recalled worker, a replacement job, or any
other job that existed in the employer's
business within the 1-year period preceding the
date of hire,
(ii) is not a job that existed in a
business operation or substantially similar
business operation of the employer formerly
located in another location which was closed or
substantially reduced by the employer, and
(iii) results in a net increase in
employment for the employer.
(B) Only u.s. employees taken into account.--For
purposes of subparagraph (A), only employees at job
sites located in the United States (including the
possessions of the United States) shall be taken into
account.
(5) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (m) or (o) of section 414 of the Internal Revenue
Code of 1986, shall be treated as a single employer for
purposes of this section.
(6) Cooperation with local workforce investment boards.--An
employer or eligible community college participating in a State
new manufacturing jobs training tax credit program may work
with local workforce investment boards established under
section 117 of the Workforce Investment Act of 1998 (29 U.S.C.
2832) in searching for individuals to hire and train through
such program.
(e) Eligible Trainee.--For purposes of this section, the term
``eligible trainee'' means an individual--
(1) who received qualified training through an eligible
community college pursuant to a contract that meets the
requirements of subsection (d)(2), under a State new
manufacturing jobs training tax credit program, and
(2) who is employed on a full-time basis, during the
quarter for which payment is made under subsection (a), by the
employer who was a party to such contract--
(A) at a job site located in the same State as the
eligible community college,
(B) at a wage that meets the requirements of
subsection (d)(2)(iii),
(C) in a job that meets the new job requirement of
subsection (d)(4), and
(D) in a job for which such qualified training is
required, either by law or regulation or by the
inherent requirements of the job.
(f) Eligible Manufacturing Employer.--For purposes of this section,
the term ``eligible manufacturing employer'' means any person--
(1) which employs individuals in the trade or business of
manufacturing,
(2) the manufacturing facilities of which are located in
the United States, and
(3) the primary business of which is classified in sector
31, 32, or 33 of the North American Industrial Classification
System.
(g) Appropriation.--Out of any sums in the Treasury not otherwise
appropriated, there are appropriated on an ongoing basis such sums as
are necessary to carry out this section.
(h) Remission of State Income Tax Withholdings Not Treated as
Payments for Training or Education.--In the case of an eligible
manufacturing employer, the amount of withheld State income tax which
is remitted by the employer to an eligible community college as
described in subsection (d)(1)(A) shall not be treated as an amount
paid or incurred by the employer for purposes of any credit or
deduction available under the Internal Revenue Code of 1986 to such
employer, but shall be treated as if such amount had been remitted to
the State in payment of income taxes owed by the employee.
(i) Tax Treatment of Payments With Respect to Eligible Trainee.--In
the case of an eligible trainee, neither--
(1) the amount of any withheld State income tax which is
remitted by an employer to an eligible community college as
described in subsection (d)(1)(A), nor
(2) the amount of any payment made under subsection (a),
shall be treated for purposes of the Internal Revenue Code of 1986 as
income of the eligible trainee. For purposes of determining the
deduction under section 164(a)(3) of such Code, amounts described in
paragraph (1) shall be treated as amounts paid for State income taxes
by the eligible trainee. | Twenty-First Century Manufacturing Skills and Jobs Act of 2014 - Directs the Secretary of the Treasury, on a quarterly basis, to make payments to an eligible community college in an amount equal to the aggregate new manufacturing job withholding matches for qualified training provided to job trainees who are U.S. citizens. Defines "qualified training" as education or training to provide an individual with the education or skills necessary to perform the job for which such individual will be employed or with licenses or certificates necessary for such employment. Requires that any job for which a trainee is hired be a new job. Defines "eligible community college" as a public institution of higher education: (1) at which the majority of degrees awarded are two-year associate's degrees that are acceptable for full credit toward a baccalaureate degree, (2) that is located in a state that has a state new manufacturing jobs tax credit program in effect, and (3) that participates in such program by having in effect a contract that meets requirements of such program. | Twenty-First Century Manufacturing Skills and Jobs Act of 2014 |
SECTION 1. GRANT PROGRAM FOR GIFTED AND TALENTED STUDENTS.
(a) Short Title.--This Act may be cited as the ``Gifted and
Talented Students Education Act of 2007''.
(b) Amendment.--Subpart 6 of part D of title V of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended
by adding at the end the following:
``CHAPTER B--GRANT PROGRAM FOR GIFTED AND TALENTED STUDENTS
``SEC. 5467. FINDINGS; ESTABLISHMENT OF PROGRAM; AUTHORIZED ACTIVITIES.
``(a) Findings.--Congress makes the following findings:
``(1) Gifted and talented students give evidence of high
performance capability in specific academic fields, or in areas
such as intellectual, creative, artistic, or leadership
capacity, and require services or activities not ordinarily
provided by a school in order to fully develop such
capabilities. Gifted and talented students are from all
cultural, racial, and ethnic backgrounds, and socioeconomic
groups. Some such students have disabilities and for some,
English is not their first language. Many students from such
diverse backgrounds have been historically underrepresented in
gifted education programs.
``(2) Elementary school students who are gifted and
talented have already mastered 35 to 50 percent of the material
covered in a school year in several subject areas before the
school year begins.
``(3) Elementary school and secondary school teachers have
students in their classrooms with a wide variety of traits,
characteristics, and needs. However, 61 percent of classroom
teachers do not receive training on meeting the needs of
students who are gifted and talented.
``(4) While the families or communities of some gifted
students can provide private programs and services with
appropriately trained staff to supplement public educational
offerings, most high-ability students, especially those from
inner cities, rural communities, or low-income families, must
rely on the services and personnel provided by public schools.
Therefore, gifted education programs, provided by qualified
professionals in the public schools, are needed to provide
equal educational opportunities.
``(5) Parents and families are essential partners to
schools in developing appropriate educational services for
gifted and talented students. They need access to information,
research, and support regarding the characteristics of gifted
children and their educational, and social and emotional needs,
as well as information on available strategies and resources
for education in State and local communities.
``(6) There currently is no Federal requirement to identify
or serve the Nation's approximately 3,000,000 gifted and
talented students.
``(7) While some States and local educational agencies
allocate resources to educate gifted and talented students,
others do not. Additionally, State laws, and State and local
funding, identification, and accountability mechanisms vary
widely, resulting in a vast disparity of services for this
special-needs population.
``(8) To meet the future economic and national security
needs of the United States, it is important that more students
achieve to higher levels, and that highly capable students
receive an education that prepares them to perform the most
highly innovative and creative work that is necessary to secure
our Nation's position in the world.
``(9) United States students are not filling the seats in
our Nation's advanced degree programs in several key fields.
For example, in 2001, 39 percent of the students earning
doctorates in engineering were United States citizens. This
compares to 44 percent in computer science, 47 percent in
mathematics, and 52 percent in physics and astronomy.
``(10) The performance of twelfth-grade advanced students
in the United States on the Third International Mathematics and
Science Study (TIMSS) was among the lowest in the world. In
each of 5 physics content areas in the study and in each of 3
mathematics content areas in the study, the performance of
physics and advanced mathematics students in the United States
was among the lowest of the participating countries.
``(11) In 2007, less than 3 cents out of every $100 of the
Federal K-12 education budget was devoted to meeting the needs
of the Nation's gifted and talented students.
``(b) Program Authorized.--
``(1) Competitive grants to states.--If the amount
appropriated under section 5468 for a fiscal year is greater
than $7,500,000 but less than $57,500,000, then the Secretary
may use such amount to award grants, on a competitive basis, to
State educational agencies to enable the State educational
agencies to award grants to local educational agencies under
section 5467C for developing or expanding gifted and talented
education programs, and providing direct educational services
and materials.
``(2) Formula grants to states.--If the amount appropriated
under section 5468 for a fiscal year equals or exceeds
$57,500,000, then the Secretary may use such amount to award
grants to State educational agencies, from allotments under
section 5467B, to enable the State educational agencies to
award grants to local educational agencies under section 5467C
for developing or expanding gifted and talented education
programs, and providing direct educational services and
materials.
``(c) Authorized Activities.--Grant funds provided under this
chapter shall be used to carry out one or more of the following
activities:
``(1) Any activity described in paragraph (2), (4), (6), or
(7) of section 5464(b).
``(2) Providing direct educational services and materials
to gifted and talented students, which may include curriculum
compacting, modified or adapted curriculum, acceleration,
independent study, and dual enrollment.
``(d) Limitations on Use of Funds.--
``(1) Course work provided through emerging technologies.--
Grant funds provided under this chapter that are used for
activities described in section 5464(b)(7) may include
development of curriculum packages, compensation of distance-
learning educators, or other relevant activities, but grant
funds provided under this chapter may not be used for the
purchase or upgrading of technological hardware.
``(2) State use of funds.--
``(A) In general.--A State educational agency
receiving a grant under this chapter may not use more
than 10 percent of the grant funds for--
``(i) dissemination of general program
information;
``(ii) providing technical assistance under
this chapter;
``(iii) monitoring and evaluation of
programs and activities assisted under this
chapter;
``(iv) providing support for parental
education; or
``(v) creating a State gifted education
advisory board.
``(B) Administrative costs.--A State educational
agency may use not more than 50 percent of the funds
made available to the State educational agency under
subparagraph (A) for administrative costs.
``SEC. 5467A. ALLOTMENTS TO STATES.
``(a) Reservation of Funds.--From the amount made available to
carry out this chapter for any fiscal year, the Secretary shall reserve
\1/2\ of 1 percent for the Secretary of the Interior for programs under
this chapter for teachers, other staff, and administrators in schools
operated or funded by the Bureau of Indian Affairs.
``(b) State Allotments.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall allot the total amount made available to carry
out this chapter for any fiscal year and not reserved under
subsection (a) to the States on the basis of their relative
populations of individuals aged 5 through 17, as determined by
the Secretary on the basis of the most recent satisfactory
data.
``(2) Minimum grant amount.--No State receiving an
allotment under paragraph (1) may receive less than \1/2\ of 1
percent of the total amount allotted under such paragraph.
``(c) Reallotment.--If any State does not apply for an allotment
under this section for any fiscal year, then the Secretary shall
reallot such amount to the remaining States in accordance with this
section.
``SEC. 5467B. STATE APPLICATION.
``(a) In General.--To be eligible to receive a grant under this
chapter, a State educational agency shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may reasonably require.
``(b) Contents.--Each application under this section shall include
assurances that--
``(1) the funds received under this chapter will be used to
identify and support gifted and talented students, including
gifted and talented students from all economic, ethnic, and
racial backgrounds, such students of limited English
proficiency, and such students with disabilities;
``(2) the funds not retained by the State educational
agency shall be used for the purpose of making, in accordance
with this chapter and on a competitive basis, grants to local
educational agencies;
``(3) the funds received under this chapter shall be used
only to supplement, but not supplant, the amount of State and
local funds expended for the education of, and related services
for, gifted and talented students;
``(4) the State educational agency will provide matching
funds for the activities to be assisted under this chapter in
an amount equal to not less than 10 percent of the grant funds
to be received, which matching funds may be provided in cash or
in kind; and
``(5) the State educational agency shall develop and
implement program assessment models to ensure program
accountability and to evaluate educational effectiveness.
``(c) Approval.--To the extent funds are made available to carry
out this chapter, the Secretary shall approve an application of a State
if such application meets the requirements of this section.
``SEC. 5467C. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Grant Competition.--A State educational agency shall use not
less than 90 percent of the funds made available to the State
educational agency under this chapter to award grants to local
educational agencies (including consortia of local educational
agencies) to enable the local educational agencies to carry out the
authorized activities described in section 5467(c).
``(b) Competitive Process.--Funds provided under this chapter to
local educational agencies shall be distributed to local educational
agencies through a competitive process that results in an equitable
distribution by geographic area within the State.
``(c) Size of Grant.--A State educational agency shall award a
grant under subsection (a) for any fiscal year in an amount sufficient
to meet the needs of the students to be served under the grant.
``SEC. 5467D. LOCAL APPLICATIONS.
``(a) Application.--To be eligible to receive a grant under this
chapter, a local educational agency (including a consortium of local
educational agencies) shall submit an application to the State
educational agency.
``(b) Contents.--Each application under this section shall
include--
``(1) an assurance that the funds received under this
chapter will be used to identify and support gifted and
talented students, including gifted and talented students from
all economic, ethnic, and racial backgrounds, such students of
limited English proficiency, and such students with
disabilities;
``(2) a description of how the local educational agency
will meet the educational needs of gifted and talented
students, including the training of personnel in the education
of gifted and talented students; and
``(3) an assurance that funds received under this chapter
will be used to supplement, not supplant, the amount of funds
the local educational agency expends for the education of, and
related services for, gifted and talented students.
``SEC. 5467E. ANNUAL REPORTING.
``Beginning 1 year after the date of enactment of the Gifted and
Talented Students Education Act of 2007 and for each year thereafter,
the State educational agency shall submit an annual report to the
Secretary that describes the number of students served and the
activities supported with funds provided under this chapter. The report
shall include a description of the measures taken to comply with
paragraphs (1) and (4) of section 5467B(b).
``SEC. 5467F. CONSTRUCTION.
``Nothing in this chapter shall be construed to prohibit a
recipient of funds under this chapter from serving gifted and talented
students simultaneously with students with similar educational needs,
in the same educational settings where appropriate.
``SEC. 5467G. DEFINITIONS.
``For purposes of this chapter:
``(1) Gifted and talented.--
``(A) In general.--Except as provided in
subparagraph (B), the term `gifted and talented' when
used with respect to a person or program--
``(i) has the meaning given the term under
applicable State law; or
``(ii) in the case of a State that does not
have a State law defining the term, has the
meaning given such term by definition of the
State educational agency or local educational
agency involved.
``(B) Special rule.--In the case of a State that
does not have a State law that defines the term, and
the State educational agency or local educational
agency has not defined the term, the term has the
meaning given the term in section 9101.
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``CHAPTER C--AUTHORIZATION OF APPROPRIATIONS
``SEC. 5468. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$170,000,000 for each of fiscal years 2008 through 2012, of which--
``(1) $7,500,000 shall be available for each fiscal year to
carry out chapter A; and
``(2) the remainder shall be available for each fiscal year
to carry out chapter 2.''.
SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS.
Subpart 6 of part D of title V of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended--
(1) by inserting after the subpart designation the
following:
``CHAPTER A--JACOB K. JAVITS GIFTED AND TALENTED STUDENTS EDUCATION
PROGRAM'';
(2) in section 5461 (20 U.S.C. 7253), by striking ``This
part'' and inserting ``This chapter'';
(3) by striking ``this part'' each place the term appears
and inserting ``this chapter''; and
(4) in section 5464 (20 U.S.C. 7253c)--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively. | Gifted and Talented Students Education Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award matching grants to states and, through them, competitive subgrants to local educational agencies for the development or expansion of gifted and talented education programs, and the provision of direct educational services and materials.
Specifies that such gifted and talented education programs include: (1) professional development for such students' teachers; (2) the implementation of innovative educational strategies; (3) making materials and services available through state regional educational service centers, institutions of higher education, or other entities; and (4) providing challenging, high-level coursework through technology. | To provide a grant program for gifted and talented students, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Funding Accountability and
Transparency Act of 2006''.
SEC. 2. FULL DISCLOSURE OF ENTITIES RECEIVING FEDERAL FUNDING.
(a) Definitions.--In this section:
(1) Entity.--The term ``entity''--
(A) includes, whether for profit or nonprofit--
(i) a corporation;
(ii) an association;
(iii) a partnership;
(iv) a limited liability company;
(v) a limited liability partnership;
(vi) a sole proprietorship;
(vii) any other legal business entity;
(viii) any other grantee or contractor that is not
excluded by subparagraph (B) or (C); and
(ix) any State or locality;
(B) on and after January 1, 2009, includes any
subcontractor or subgrantee; and
(C) does not include--
(i) an individual recipient of Federal assistance; or
(ii) a Federal employee.
(2) Federal award.--The term ``Federal award''--
(A) means Federal financial assistance and expenditures
that--
(i) include grants, subgrants, loans, awards,
cooperative agreements, and other forms of financial
assistance;
(ii) include contracts, subcontracts, purchase orders,
task orders, and delivery orders;
(B) does not include individual transactions below $25,000;
and
(C) before October 1, 2008, does not include credit card
transactions.
(3) Searchable website.--The term ``searchable website'' means
a website that allows the public to--
(A) search and aggregate Federal funding by any element
required by subsection (b)(1);
(B) ascertain through a single search the total amount of
Federal funding awarded to an entity by a Federal award
described in paragraph (2)(A)(i), by fiscal year;
(C) ascertain through a single search the total amount of
Federal funding awarded to an entity by a Federal award
described in paragraph (2)(A)(ii), by fiscal year; and
(D) download data included in subparagraph (A) included in
the outcome from searches.
(b) In General.--
(1) Website.--Not later than January 1, 2008, the Office of
Management and Budget shall, in accordance with this section,
section 204 of the E-Government Act of 2002 (Public Law 107-347; 44
U.S.C. 3501 note), and the Office of Federal Procurement Policy Act
(41 U.S.C. 403 et seq.), ensure the existence and operation of a
single searchable website, accessible by the public at no cost to
access, that includes for each Federal award--
(A) the name of the entity receiving the award;
(B) the amount of the award;
(C) information on the award including transaction type,
funding agency, the North American Industry Classification
System code or Catalog of Federal Domestic Assistance number
(where applicable), program source, and an award title
descriptive of the purpose of each funding action;
(D) the location of the entity receiving the award and the
primary location of performance under the award, including the
city, State, congressional district, and country;
(E) a unique identifier of the entity receiving the award
and of the parent entity of the recipient, should the entity be
owned by another entity; and
(F) any other relevant information specified by the Office
of Management and Budget.
(2) Scope of data.--The website shall include data for fiscal
year 2007, and each fiscal year thereafter.
(3) Designation of agencies.--The Director of the Office of
Management and Budget is authorized to designate one or more
Federal agencies to participate in the development, establishment,
operation, and support of the single website. In the initial
designation, or in subsequent instructions and guidance, the
Director may specify the scope of the responsibilities of each such
agency.
(4) Agency responsibilities.--Federal agencies shall comply
with the instructions and guidance issued by the Director of the
Office of Management and Budget under paragraph (3), and shall
provide appropriate assistance to the Director upon request, so as
to assist the Director in ensuring the existence and operation of
the single website.
(c) Website.--The website established under this section--
(1) may use as the source of its data the Federal Procurement
Data System, Federal Assistance Award Data System, and Grants.gov,
if all of these data sources are searchable through the website and
can be accessed in a search on the website required by this Act,
provided that the user may--
(A) specify such search shall be confined to Federal
contracts and subcontracts;
(B) specify such search shall be confined to include
grants, subgrants, loans, awards, cooperative agreements, and
other forms of financial assistance;
(2) shall not be considered in compliance if it hyperlinks to
the Federal Procurement Data System website, Federal Assistance
Award Data System website, Grants.gov website, or other existing
websites, so that the information elements required by subsection
(b)(1) cannot be searched electronically by field in a single
search;
(3) shall provide an opportunity for the public to provide
input about the utility of the site and recommendations for
improvements;
(4) shall be updated not later than 30 days after the award of
any Federal award requiring a posting; and
(5) shall provide for separate searches for Federal awards
described in subsection (a) to distinguish between the Federal
awards described in subsection (a)(2)(A)(i) and those described in
subsection (a)(2)(A)(ii).
(d) Subaward Data.--
(1) Pilot program.--
(A) In general.--Not later than July 1, 2007, the Director
of the Office of Management and Budget shall commence a pilot
program to--
(i) test the collection and accession of data about
subgrants and subcontracts; and
(ii) determine how to implement a subaward reporting
program across the Federal Government, including--
(I) a reporting system under which the entity
issuing a subgrant or subcontract is responsible for
fulfilling the subaward reporting requirement; and
(II) a mechanism for collecting and incorporating
agency and public feedback on the design and utility of
the website.
(B) Termination.--The pilot program under subparagraph (A)
shall terminate not later than January 1, 2009.
(2) Reporting of subawards.--
(A) In general.--Based on the pilot program conducted under
paragraph (1), and, except as provided in subparagraph (B), not
later than January 1, 2009, the Director of the Office of
Management and Budget--
(i) shall ensure that data regarding subawards are
disclosed in the same manner as data regarding other
Federal awards, as required by this Act; and
(ii) shall ensure that the method for collecting and
distributing data about subawards under clause (i)--
(I) minimizes burdens imposed on Federal award
recipients and subaward recipients;
(II) allows Federal award recipients and subaward
recipients to allocate reasonable costs for the
collection and reporting of subaward data as indirect
costs; and
(III) establishes cost-effective requirements for
collecting subaward data under block grants, formula
grants, and other types of assistance to State and
local governments.
(B) Extension of deadline.--For subaward recipients that
receive Federal funds through State, local, or tribal
governments, the Director of the Office of Management and
Budget may extend the deadline for ensuring that data regarding
such subawards are disclosed in the same manner as data
regarding other Federal awards for a period not to exceed 18
months, if the Director determines that compliance would impose
an undue burden on the subaward recipient.
(e) Exception.--Any entity that demonstrates to the Director of the
Office of Management and Budget that the gross income, from all
sources, for such entity did not exceed $300,000 in the previous tax
year of such entity shall be exempt from the requirement to report
subawards under subsection (d), until the Director determines that the
imposition of such reporting requirements will not cause an undue
burden on such entities.
(f) Construction.--Nothing in this Act shall prohibit the Office of
Management and Budget from including through the website established
under this section access to data that is publicly available in any
other Federal database.
(g) Report.--
(1) In general.--The Director of the Office of Management and
Budget shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Government
Reform of the House of Representatives an annual report regarding
the implementation of the website established under this section.
(2) Contents.--Each report submitted under paragraph (1) shall
include--
(A) data regarding the usage and public feedback on the
utility of the site (including recommendations for improving
data quality and collection);
(B) an assessment of the reporting burden placed on Federal
award and subaward recipients; and
(C) an explanation of any extension of the subaward
reporting deadline under subsection (d)(2)(B), if applicable.
(3) Publication.--The Director of the Office of Management and
Budget shall make each report submitted under paragraph (1)
publicly available on the website established under this section.
SEC. 3. CLASSIFIED INFORMATION.
Nothing in this Act shall require the disclosure of classified
information.
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORTING REQUIREMENT.
Not later than January 1, 2010, the Comptroller General shall
submit to Congress a report on compliance with this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Federal Funding Accountability and Transparency Act of 2006 - Directs the Office of Management and Budget (OMB), by January 1, 2008, to ensure the existence and operation of a single searchable website accessible by the public at no cost that includes for each federal award of federal financial assistance and expenditures (excluding individual transactions below $25,000 and credit card transactions before October 1, 2008): (1) the amount; (2) information including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number, program source, and an award title descriptive of the purpose of each funding action; (3) the name and location of the recipient and the primary location of performance; and (4) a unique identifier of the recipient and any parent entity.
Requires the website to include data for FY2007 and each fiscal year thereafter. Authorizes the Director of OMB to designate federal agencies to participate in the development, establishment, operation, and support of the website.
Provides that the website: (1) may use as the source of its data the Federal Procurement Data System, Federal Assistance Award Data System, and Grants.gov, if all of these sources are searchable through the website and can be accessed in a search as prescribed under this Act; (2) shall not be considered in compliance if it hyperlinks to websites so that the information elements required in this Act cannot be searched electronically by field in a single search; (3) shall provide an opportunity for the public to provide input about the utility of the site and recommendations for improvements; (4) shall be updated not later than 30 days after issuance of any federal award requiring a posting; and (5) shall provide for separate searches that distinguish between awards that are grants, subgrants, loans, cooperative agreements, and other forms of financial assistance and awards that are contracts, subcontracts, purchase orders, task orders, and delivery orders.
Requires the Director, by July 1, 2007, to commence a pilot program to: (1) test the collection and accession of data about subgrants and subcontracts; and (2) determine how to implement a subaward reporting program across the federal government. Terminates the pilot program by January 1, 2009.
Requires the Director, by January 1, 2009 (subject to an 18-month extension if compliance would impose an undue burden), to ensure that: (1) data regarding subawards is disclosed in the same manner as data regarding other federal awards under this Act; and (2) the method for collecting and distributing subawards data minimizes burdens imposed on federal award and subaward recipients, allows such recipients to allocate reasonable costs for data collection and reporting as indirect costs, and establishes cost-effective requirements for collecting subaward data under block grants, formula grants, and other types of assistance to state and local governments. Exempts any entity that demonstrates that its gross income did not exceed $300,000 in the previous tax year from the requirement to report subawards until the Director determines that the imposition of such requirement will not cause an undue burden.
Requires the Director to report annually to Congress regarding website implementation and make each report submitted publicly available on the website.
States that nothing in this Act shall prohibit OMB from including through the website access to data that is publicly available in any other federal database or require the disclosure of classified information.
Requires the Comptroller General to submit to Congress a report on compliance with this Act by January 1, 2010. | A bill to require full disclosure of all entities and organizations receiving Federal funds. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Surprise Billing Act of 2015''.
SEC. 2. PREVENTING SURPRISE BILLING PRACTICES.
(a) Condition of Participation in Medicare.--Section 1866 of the
Social Security Act (42 U.S.C. 1395cc) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (X), by striking ``and'' at the
end;
(B) in subparagraph (Y), by striking at the end the
period and inserting ``, and''; and
(C) by inserting after such subparagraph (Y) the
following new subparagraph:
``(Z) in the case of a hospital or critical access
hospital, to adopt and enforce a policy to ensure
compliance with the requirements of paragraphs (1) and
(4) of subsection (l) and to meet the requirements of
such paragraphs (relating to the prevention of surprise
billing practices).''; and
(2) by adding at the end the following new subsection:
``(l) Requirement for Purposes of Preventing Surprise Billing.--
``(1) In general.--For purposes of subsection (a)(1)(Z),
the requirements described in this paragraph are, with respect
to a hospital or critical access hospital, in the case of an
individual with health benefits coverage, including benefits
under a group health plan or health insurance coverage offered
in the group or individual market (as such terms are defined in
section 2791 of the Public Health Service Act) or under this
title, title XIX, title XXI, or another government-sponsored
health plan or program, who seeks to be furnished items or
services or is to be furnished items or services by the
hospital or critical access hospital (including by a provider
of services or supplier that furnishes items or services at the
hospital or critical access hospital), that the hospital or
critical access hospital--
``(A)(i) provides to the individual (or to a
representative of the individual), on the date on which
the individual makes an appointment to be furnished
such items or services, if applicable, and on the date
on which the individual is furnished such items and
services, a written notice specified by the Secretary
through rulemaking that--
``(I) contains the information required
under paragraph (2); and
``(II) is signed and dated by the
individual; and
``(ii) retains a copy of each such notice for a
period specified through rulemaking by the Secretary;
and
``(B) in the case that such hospital or critical
access hospital (or provider of services or supplier
furnishing services at such hospital or critical access
hospital) is not within the health care provider
network or otherwise a participating provider of
services or supplier with respect to such health
benefits coverage of such individual, obtains from the
individual the consent described in paragraph (3).
``(2) Information included in notice.--The notice described
in paragraph (1)(A) shall include, with respect to an
individual with health benefits coverage described in paragraph
(1) who seeks to be furnished items or services or is to be
furnished items or services by a hospital or critical access
hospital (including by a provider of services or supplier that
furnishes items or services at the hospital or critical access
hospital), a notification of each of the following:
``(A) Whether the hospital or critical access
hospital is not within the health care provider network
or otherwise a participating provider of services or
supplier with respect to such health benefits coverage
of such individual.
``(B) If the hospital or critical access hospital
is not within such network or otherwise such a
participating provider or supplier, the estimated
amount that the hospital or critical access hospital
will charge the individual for such items and services
in excess of any cost sharing obligations that the
individual would otherwise have under such health
benefits coverage for such items and services if the
hospital or critical access hospital were within such
network or otherwise participating in such coverage.
``(C) Whether any of the providers of services or
suppliers furnishing items or services at the hospital
or critical access hospital who will furnish the items
or services to the individual are not within the health
care provider network or otherwise a participating
provider of services or supplier with respect to such
health benefits coverage of such individual.
``(D) If any of such providers of services or
suppliers are not within such network or otherwise such
a participating provider or supplier, the estimated
amount that such providers of services or suppliers
will charge the individual for such items and services
in excess of any cost sharing obligations that the
individual would otherwise have for such items and
services if the providers of services or suppliers were
within the such network or otherwise participating in
such coverage.
``(3) Consent described.--For purposes of paragraph (1)(B),
the consent described in this paragraph, with respect to an
individual with health benefits coverage described in paragraph
(1) who is to be furnished items or services by a hospital or
critical access hospital (or provider of services or supplier
furnishing services at such hospital or critical access
hospital) that is not within the health care provider network
or otherwise a participating provider of services or supplier
with respect to such health benefits coverage of such
individual, is a document specified by the Secretary through
rulemaking that is signed by the individual (or by a
representative of the individual) not less than 24 hours prior
to the individual being furnished such items or services by
such hospital, critical access hospital, provider of services,
or supplier, respectively, and that--
``(A) acknowledges that the individual has been--
``(i) provided with a written estimate of
the charge that the individual will be assessed
for the items or services anticipated to be
furnished to the individual by the hospital,
critical access hospital, provider of services,
or supplier that is not within such network or
otherwise such a participating provider of
services or supplier; and
``(ii) informed that the payment of such
charge by the individual will not accrue toward
any limitation that the health benefits
coverage places upon the annual out-of-pocket
expenses to be paid by the individual or upon
the in-network deductible to be paid by the
individual; and
``(B) documents the consent of the individual to--
``(i) be furnished with such items or
services by such hospital, critical access
hospital, provider of services, or supplier, as
applicable; and
``(ii) in the case that the individual is
so furnished such items or services, be charged
an amount approximate to the estimated charge
described in subparagraph (A)(i) with respect
to such items or services.
``(4) Limitations on payment by individual.--For purposes
of subsection (a)(1)(Z), the requirements under this paragraph
are the following:
``(A) In case of noncompliance by hospitals and
critical access hospitals.--In the case of an
individual with health benefits coverage described in
paragraph (1) who is furnished items or services by a
hospital or critical access hospital (or provider of
services or supplier furnishing services at such
hospital or critical access hospital) that is not
within the health care provider network or otherwise a
participating provider of services or supplier with
respect to such health benefits coverage of such
individual, if the hospital or critical access hospital
does not comply with the requirements of paragraph (1)
with respect to the furnishing of such items or
services to such individual, the hospital or critical
access hospital (or, as applicable, the provider of
services or supplier furnishing such items or services
to such individual) may not charge the individual more
than the amount that the individual would have been
required to pay in cost sharing if such items or
services had been furnished by a hospital or critical
access hospital, as applicable (or by a provider of
services or supplier, as applicable) that is within
such network or that is otherwise such a participating
provider of services or supplier.
``(B) In case of same-day emergency services.--In
the case of an individual with health benefits coverage
described in paragraph (1) who is furnished items or
services by a hospital or critical access hospital (or
provider of services or supplier furnishing services at
such hospital or critical access hospital) that is not
within the health care provider network or otherwise a
participating provider of services or supplier with
respect to such health benefits coverage of such
individual on the same date on which the individual
makes an appointment for such items or services (or
otherwise presents at the hospital or critical access
hospital for such services such as in the case of items
and services furnished with respect to an emergency
medical condition, as defined in section 1867(e)), the
hospital or critical access hospital (or, as
applicable, the provider of services or supplier
furnishing such items or services to such individual)
may not charge the individual more than the amount that
the individual would have been required to pay in cost
sharing if such items or services had been furnished by
a hospital or critical access hospital, as applicable
(or by a provider of services or supplier, as
applicable) that is within such network or that is
otherwise such a participating provider of services or
supplier.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to agreements under section 1866(a)(1) of the Social
Security Act (42 U.S.C. 1395cc(a)(1)) that are filed with the Secretary
of Health and Human Services on a date that is not less than 12 months
after the date of the enactment of this Act. | End Surprise Billing Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to require a critical access hospital or other hospital to comply, as a condition of participation in Medicare, with certain requirements related to billing for out-of-network services. With respect to an individual who has health benefits coverage and is seeking services, a hospital must provide notice as to: (1) whether the hospital, or any of the providers furnishing services to the individual at the hospital, is not within the health care provider network or otherwise a participating provider with respect to the individual's health care coverage; and (2) if so, the estimated out-of-pocket costs of the services to the individual. At least 24 hours prior to providing those services, the hospital must document that the individual: (1) has been provided with the required notice, and (2) consents to be furnished with the services and charged an amount approximate to the estimate provided. Otherwise, the hospital may not charge the individual more than the individual would have been required to pay if the services had been furnished by an in-network or participating provider. With respect to such an individual who is seeking same-day emergency services, a hospital may not charge more than the individual would be required to pay for such services furnished by an in-network or participating provider. | End Surprise Billing Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing the Department of
Veterans Affairs Accountability to Veterans Act of 2015''.
SEC. 2. REDUCTION OF BENEFITS FOR MEMBERS OF THE SENIOR EXECUTIVE
SERVICE WITHIN THE DEPARTMENT OF VETERANS AFFAIRS
CONVICTED OF CERTAIN CRIMES.
(a) In General.--Chapter 7 of title 38, United States Code, is
amended by adding at the end the following:
``Sec. 715. Senior executives: reduction of benefits of individuals
convicted of certain crimes
``(a) Reduction of Annuity for Removed Employee.--The covered
service of an individual removed from a senior executive position under
section 713 shall not be taken into account for purposes of calculating
an annuity with respect to such individual under chapter 83 or chapter
84 of title 5, if the individual is convicted of a felony that
influenced the individual's performance while employed in the senior
executive position.
``(b) Reduction of Annuity for Retired Employee.--(1) The Secretary
may order that the covered service of an individual who is subject to a
removal or transfer action under section 713 but who leaves employment
at the Department prior to the issuance of a final decision with
respect to such action shall not be taken into account for purposes of
calculating an annuity with respect to such individual under chapter 83
or chapter 84 of title 5, if the individual is convicted of a felony
that influenced the individual's performance while employed in the
senior executive position.
``(2) The Secretary shall make such an order not later than 7 days
after the date on which such individual is convicted of such felony.
``(3) Not later than 30 days after the Secretary issues any order
with respect to an individual under paragraph (1), the Director of the
Office of Personnel Management shall recalculate the annuity of the
individual.
``(c) Lump-Sum Annuity Credit.--Any individual with respect to whom
an annuity is reduced under subsection (a) or (b) shall be entitled to
be paid so much of such individual's lump-sum credit as is attributable
to the period of covered service.
``(d) Definitions.--In this section:
``(1) The term `covered service' means, with respect to an
individual subject to a removal or transfer action under
section 713, the period of service beginning on the date that
the Secretary determines under such section that such
individual engaged in activity that gave rise to such action
and ending on the date that such individual is removed from the
civil service or leaves employment at the Department prior to
the issuance of a final decision with respect to such action,
as the case may be.
``(2) The term `lump-sum credit' has the meaning given such
term in section 8331(8) or section 8401(19) of title 5, as the
case may be.
``(3) The term `senior executive position' has the meaning
given such term in section 713(g)(3).
``(4) The term `service' has the meaning given such term in
section 8331(12) or section 8401(26) of title 5, as the case
may be.''.
(b) Application.--The amendment made by subsection (a) shall apply
to any action of removal or transfer under section 713 of title 38,
United States Code, commencing on or after the date of enactment of
this section.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``715. Senior executives: reduction of benefits of individuals
convicted of certain crimes.''.
SEC. 3. REFORM OF PERFORMANCE APPRAISAL SYSTEM FOR SENIOR EXECUTIVE
SERVICE EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Performance Appraisal System.--
(1) In general.--Chapter 7 of title 38, United States Code,
as amended by section 2, is further amended by adding at the
end the following new section:
``Sec. 717. Senior executives: performance appraisal
``(a) Performance Appraisal System.--(1) The performance appraisal
system for individuals employed in senior executive positions in the
Department required by section 4312 of title 5 shall provide, in
addition to the requirements of such section, for five annual summary
ratings of levels of performance as follows:
``(A) One outstanding level.
``(B) One exceeds fully successful level.
``(C) One fully successful level.
``(D) One minimally satisfactory level.
``(E) One unsatisfactory level.
``(2) The following limitations apply to the rating of the
performance of such individuals:
``(A) For any year, not more than 10 percent of such
individuals who receive a performance rating during that year
may receive the outstanding level under paragraph (1)(A).
``(B) For any year, not more than 20 percent of such
individuals who receive a performance rating during that year
may receive the exceeds fully successful level under paragraph
(1)(B).
``(3) In evaluating the performance of an individual under the
performance appraisal system, the Secretary shall take into
consideration any complaint or report (including any pending or
published report) submitted by the Inspector General of the Department,
the Comptroller General of the United States, the Equal Employment
Opportunity Commission, or any other appropriate person or entity,
related to any facility or program managed by the individual.
``(b) Change of Position.--(1) At least once every five years, the
Secretary shall reassign each individual employed in a senior executive
position to a position at a different location that does not include
the supervision of the same personnel or programs.
``(2) The Secretary may waive the requirement under paragraph (1)
for any such individual, if the Secretary submits to the Committees on
Veterans' Affairs of the Senate and House of Representatives notice of
the waiver and an explanation of the reasons for the waiver.
``(c) Report.--Not later than March 1 of each year, the Secretary
shall submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on the performance appraisal system
of the Department under subsection (a). Each such report shall include,
for the year preceding the year during which the report is submitted,
all documentation concerning each of the following for each individual
employed in a senior executive position in the Department:
``(1) The initial performance appraisal.
``(2) The higher level review, if requested.
``(3) The recommendations of the performance review board.
``(4) The final summary review.
``(5) The review of the Inspector General of the Department
of the information described in paragraphs (1) through (4).
``(d) Definition of Senior Executive Position.--In this section,
the term `senior executive position' has the meaning given that term in
section 713(g)(3) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is further amended by adding at the
end the following new item:
``717. Senior executives: performance appraisal.''.
(3) Conforming amendment.--Section 4312(b) of title 5,
United States Code, is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) that, in the case of the Department of
Veterans Affairs, the performance appraisal system
meets the requirements of section 716 of title 38.''.
(b) Review of SES Management Training.--
(1) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
enter into a contract with a nongovernmental entity to review
the management training program for individuals employed in
senior executive positions (as such term is defined in section
713(g)(3) of title 38, United States Code) of the Department of
Veterans Affairs that is being provided as of the date of the
enactment of this Act. Such review shall include a comparison
of the training provided by the Department of Veterans Affairs
to the management training provided for senior executives of
other Federal departments and agencies and to the management
training provided to senior executives in the private sector.
The contract shall provide that the nongovernmental entity must
complete and submit to the Secretary a report containing the
findings and conclusions of the review by not later than 180
days after the date on which the Secretary and the
nongovernmental entity enter into the contract.
(2) Report to congress.--Not later than 60 days after the
date on which the Secretary receives the report under paragraph
(1), the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives the report
together with a plan for carrying out the recommendations
contained in the report.
SEC. 4. LIMITATION ON ADMINISTRATIVE LEAVE FOR MEMBERS OF THE SENIOR
EXECUTIVE SERVICE WITHIN THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Chapter 7 of title 38, United States Code, is
further amended by adding after section 717 (as added by section 3) the
following new section:
``Sec. 719. Administrative leave limitation and report
``(a) Limitation Applicable to Members of the Senior Executive
Service Within the Department of Veterans Affairs.--(1) The Secretary
may not place any covered individual on administrative leave, or any
other type of paid non-duty status, for more than a total of 14 days
during any 365-day period.
``(2) The Secretary may waive the limitation under paragraph (1)
and extend the administrative leave or other paid non-duty status of a
covered individual placed on such leave or status under paragraph (1)
if the Secretary submits to the Committees on Veterans' Affairs of the
Senate and House of Representatives a detailed explanation of the
reasons the individual was placed on administrative leave or other paid
non-duty status and the reasons for the extension of such leave or
status. Such explanation shall include the name of the covered
individual, the location where the individual is employed, and the
individual's job title.
``(3) In this subsection, the term `covered individual' means an
individual (as defined in section 713(g)(1)) occupying a senior
executive position (as defined in section 714(g)(3))--
``(A) who is subject to an investigation for purposes of
determining whether such individual should be subject to any
disciplinary action under this title or title 5; or
``(B) against whom any disciplinary action is proposed or
initiated under this title or title 5.
``(b) Report on Administrative Leave.--(1) Not later than 30 days
after the end of each quarter of any calendar year, the Secretary shall
submit to the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report listing the name of any
employee of the Department (if any) who has been placed on
administrative leave, or any other type of paid non-duty status, for a
period longer than 7 days during such quarter.
``(2) Any report submitted under subsection (a) shall include, with
respect to any employee listed in such report, the position occupied by
the employee, the number of days of such leave, and the reason that
such employee was placed on such leave.''.
(b) Application.--
(1) Administrative leave limitation.--Section 719(a) of
title 38, United States Code (as added by subsection (a)),
shall apply to any action of removal or transfer under section
713 of such title or title 5, United States Code, commencing on
or after the date of enactment of this section.
(2) Report.--The report under section 719(b) of such title
(as added by subsection (a)) shall begin to apply in the
quarter that ends after the date that is 6 months after the
date of enactment of this section.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``719. Administrative leave limitation and report.''. | Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2015 Requires the reduction of the federal annuities of individuals removed from the Department of Veterans Affairs (VA) Senior Executive Service (SES) if they are convicted of a felony that influenced their performance while employed in such position. Authorizes the VA Secretary to order the reduction of the federal annuities of individuals who were convicted of such a felony and were subject to removal or transfer from the VA SES, but who left the VA before final action was taken. Reduces such annuities by excluding the covered service performed after the activity that subjects such an individual to transfer or removal occurs. Requires the performance appraisal system for VA SES employees to provide for five specified annual summary ratings of levels of performance. Provides that in any given year no more than: (1) 10% of such employees may receive the outstanding level of performance, and (2) 20% of such employees may receive the exceeds-fully-successful level of performance. Requires the Secretary to take any complaint or report from an appropriate person or entity related to any facility or program managed by an SES employee into account in evaluating that employee's performance. Directs the Secretary, at least once every five years, to reassign each SES employee to a position at a different location that does not include the supervision of the same personnel or programs. Allows the Secretary to waive such requirement if the Secretary submits to Congress notice of, and the reasons for, such waiver. Directs the Secretary to contract with a nongovernmental entity for a review of the management training program for VA SES employees. Prohibits the Secretary from placing a VA SES employee on administrative leave, or any other type of paid non-duty status, for more than a total of 14 days during any 365-day period. Allows the Secretary to waive such prohibition with respect to such an employee if the Secretary provides Congress with a detailed explanation of the reasons the employee was placed on such leave or status and the reasons for extending that placement. | Increasing the Department of Veterans Affairs Accountability to Veterans Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Homelessness Task Force Act
of 2007''.
SEC. 2. ESTABLISHMENT.
There is established a task force in the legislative branch to be
known as the ``National Homelessness Task Force'' (in this Act referred
to as the ``Task Force'').
SEC. 3. DUTIES.
The Task Force, in consultation with relevant heads of Federal
agencies administering Federal programs for homeless individuals that
were in existence on the date of enactment of this Act, including the
Interagency Council on Homelessness, shall conduct the following
activities:
(1) Review and analyze reports published by Federal, State,
and local agencies and academic institutions that relate to
homelessness.
(2) Evaluate--
(A) the effectiveness of Federal programs in
existence on the date of enactment of this Act that
address homelessness;
(B) the cost-effectiveness of such programs; and
(C) the Federal role in interacting and
coordinating with State and local entities that address
homelessness.
(3) Analyze options and make recommendations--
(A) to improve Federal programs in existence on the
date of enactment of this Act that address
homelessness;
(B) for State and local shelter and transitional
housing programs to reduce the period that people
remain homeless;
(C) for the establishment of an outreach program
that raises awareness among homeless individuals about
resources available to such individuals and assists
such individuals in accessing such resources, which may
include local service and treatment centers, case
management agencies, and safe haven services that
assist homeless individuals with serious mental
illnesses; and
(D) to expand the supply of permanent affordable
housing for chronically homeless individuals, as well
as individuals and families with incomes below the
Federal poverty line.
(4) Conduct research and develop methods--
(A) through consultation with State and local
agencies, to improve coordination between the
Interagency Council on Homelessness and Federal
agencies in existence at the date of enactment of this
Act which specifically deal with homelessness,
including the Department of Housing and Urban
Development, the Department of Health and Human
Services, and the Department of Veterans Affairs;
(B) to minimize the period in which individuals
remain homeless; and
(C) to establish a system that ensures homeless
individuals have access to employment and job-training
programs, as well as employment.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Task Force shall be composed of up
to 10 members (in this Act referred to as the ``TF members''). The
Committee on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate may each
appoint, in consultation with the Secretary of Housing and Urban
Development, up to 5 TF members. Appointments shall be made within 90
days of the enactment of this Act.
(b) Qualifications.--In making appointments under subsection (a),
the appointing authorities described in such subsection may select TF
members from representatives of Federal and State agencies,
commissions, boards, regional agencies, tribes, colleges and
universities, and nongovernmental organizations. Such appointing
authorities shall, to the greatest extent possible, appoint individuals
who are particularly qualified to perform the functions of the Task
Force, by reason of either practical experience or academic expertise
in housing or economic development.
(c) Compensation.--
(1) In general.--TF members shall serve without
compensation.
(2) Travel expenses.--Each TF member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter 1 of
chapter 57 of title 5, United States Code.
(d) Chairpersons.--The Task Force shall have 2 Chairpersons. From
among the TF members, the majority leader of the Senate and the Speaker
of the House of Representatives shall choose 1 Chairperson, and the
minority leaders from the Senate and the House of Representatives shall
choose the other Chairperson.
SEC. 5. STAFF OF THE TASK FORCE AND EXPERTS AND CONSULTANTS.
(a) Staff.--Subject to the rules prescribed by the Task Force, the
Chairpersons of the Task Force may appoint from 3 to 6 individuals as
personnel and fix the pay of such personnel as the Chairpersons
consider appropriate.
(b) Experts and Consultants.--With the approval of the Task Force,
the Chairpersons may procure temporary and intermittent services in the
manner prescribed in section 3109(b) of title 5, United States Code,
but at rates for individuals not to exceed the daily equivalent of the
maximum annual rate of basic pay payable for grade GS-15 of the General
Schedule under section 5332 of such title.
(c) Staff of Federal Agencies.--Upon the request of the Task Force,
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 Task Force to assist it in performing its duties under this Act.
SEC. 6. POWERS.
(a) Members and Agents.--Any member or agent of the Task Force may,
if authorized by the Task Force, take any action that the Task Force is
authorized to take under this Act.
(b) Obtaining Official Data.--The Task Force may secure directly
from any Federal department or agency information necessary to enable
it to carry out this Act. Upon the request of the Task Force, the head
of that department or agency shall furnish the information to the Task
Force.
(c) Mails.--The Task Force may use the United States mails in the
same manner and under the same conditions as Federal departments and
agencies.
SEC. 7. REPORTS.
(a) Initial Report.--Not later than 3 months after the date of
completion of the appointment of the TF members under section 4(a), the
Task Force shall submit to Congress a report describing how the Task
Force will undertake the duties described in section 3.
(b) Final Report.--Not later than 12 months after the date of
completion of the appointment of the TF members under section 4(a), the
Task Force shall submit to Congress a report that--
(1) describes the activities of the Task Force conducted
under section 3; and
(2) makes recommendations on--
(A) long-term goals for Congress to reduce
homelessness; and
(B) strategies for Congress to achieve such goals.
SEC. 8. TERMINATION.
The Task Force shall terminate 10 days after the date on which the
Task Force submits the final report under section 7(b).
SEC. 9. DEFINITIONS.
For purposes of this Act:
(a) Affordable Housing.--The term ``affordable housing'' includes
properties for which assistance is provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f), and single-room
occupancy units.
(b) Chronically Homeless Individual.--The term ``chronically
homeless individual'' means an unaccompanied, disabled individual with
a disabling condition who has been continually homeless for at least
the duration of 1 year or who has been homeless for 4 or more episodes
in the previous 3 years.
(c) Disabling Condition.--A ``disabling condition'' means a
diagnosable substance use disorder, serious mental illness,
developmental disability, or chronic physical illness or disability,
including the co-occurrence of 2 or more of such conditions.
(d) Homeless; Homeless Individual.--The terms ``homeless'' and
``homeless individual'' have the meaning given such terms in section
103 of the McKinney-Vento Act (42 U.S.C. 11302).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,000,000 to carry out
this Act. | National Homelessness Task Force Act of 2007 - Establishes in the legislative branch a National Homelessness Task Force to: (1) analyze reports by federal, state, and local agencies and academic institutions relating to homelessness; (2) evaluate the effectiveness of federal programs addressing homelessness, particularly their interaction with state and local entities which also address homelessness; (3) analyze options and make recommendations to alleviate the causes and effects of such homelessness; and (4) conduct related research and develop methods to improve, federal, state, and local agency coordination. | To establish a task force to examine homelessness in the United States and make recommendations to alleviate the causes and effects of such homelessness. |
SECTION 1. REVISED GUIDANCE, TERMS OF REFERENCE, AND OBJECTIVES FOR
DEPARTMENT OF DEFENSE WORKING GROUP REVIEWING POSSIBLE
REPEAL OF CURRENT POLICY CONCERNING HOMOSEXUALITY IN THE
ARMED FORCES.
(a) Modification of Guidance and Terms of Reference.--
(1) Modification required.--As specified in paragraph (2)
and subsection (b), the Secretary of Defense shall modify the
guidance and terms of reference issued on March 2, 2010, in
connection with the establishment of the Department of Defense
working group (in this section referred to as the ``working
group'') to conduct a comprehensive review of the possible
repeal of section 654 of title 10, United States Code, which
codifies United States policy concerning homosexuality in the
Armed Forces (in this section referred to as ``section 654'').
(2) Evaluation.--In making the modifications required by
paragraph (1), the Secretary shall ensure that the final report
of the working group provides a comprehensive and objective
evaluation of--
(A) whether application of section 654 has or is
undermining military readiness in any significant way;
(B) whether repeal or amendment of section 654 will
improve military readiness in significant, measurable
ways; and
(C) what the implications for and effects on
military readiness, cohesion, morale, good order, and
discipline are entailed as a result of repeal or
amendment of section 654.
(3) Scope of evaluation.--The evaluation described in
paragraph (2) shall encompass the regular and reserve
components, military family members and dependents, and matters
of expanded eligibility of retirees and their families and
dependents for Federal benefits as a result of military service
before any repeal of such section.
(b) Expanded Objectives.--In addition to the requirements
established by the terms of reference issued on March 2, 2010, the
working group shall examine and report to the Secretary of Defense on
the following matters:
(1) Whether the findings contained in subsection (a) of
section 654 remain valid.
(2) Whether section 654 has hindered, in a measurably
significant way, the ability of the Armed Forces to recruit and
retain a sufficient number of qualified personnel to meet
service manpower requirements.
(3) Whether section 654 has hindered the ability of any
component, especially the Army, the Marine Corps, and the Army
National Guard, to increase manpower, especially during
wartime.
(4) Whether the discharge of personnel under section 654
has had a measurably significant impact on military readiness
or on the ability of the Armed Forces to carry out their
wartime missions since September 11, 2001.
(5) Given the numbers of personnel discharged under section
654 since enactment of the section on November 30, 1993,
compared to the total number of personnel separated from the
Armed Forces for all reasons since that date, whether
discharges under section 654 have been a significant source of
attrition for the Armed Forces.
(6) Whether repeal of section 654 is a military necessity
for sustaining future military readiness and effectiveness.
(7) The extent to which, and how, repeal of section 654
would improve military readiness, cohesion, morale, good order,
and discipline.
(8) The extent to which repeal of section 654 would have
negative impacts on military readiness, cohesion, morale, good
order, and discipline; the nature and extent of the negative
impacts; whether the negative impacts would be of short
duration or an extended duration; and what measures will be
necessary to negate or mitigate the anticipated negative
impacts of repeal.
(9) Whether, and how, repeal of section 654 would improve
military family readiness, and the measures necessary to ensure
that a repeal of section 654 would not degrade military family
readiness.
(10) The extent to which repeal of section 654 would affect
the propensity of prospective recruits to enlist in the Armed
Forces and the propensity of influencers (such as parents,
coaches, teachers, and religious leaders) to recommend military
service.
(11) The extent to which repeal of section 654 would affect
retention, especially whether repeal of section 654 would
significantly improve the ability of the Armed Forces to retain
personnel to meet manpower requirements.
(12) Assuming repeal of section 654, the extent to which
pay and benefits (such as health care, military housing, and
survivor benefits) and other support (such as spouse employment
preferences, education and training, and dependent education)
currently provided by the Department of Defense to married
couples and families should be provided to the domestic
partners, spouses and dependents of gay and lesbian personnel,
and the extent to which those benefits should be any different
than the benefits provided to military spouses and dependents,
and the extent to which those benefits could be provided by
policy or executive order without statutory changes.
(13) The extent to which Federal laws, including those
regulating the Department of Veterans Affairs, the Department
of Education, and the Department of Health and Human Services,
the Uniform Code of Military Justice, and Department of Defense
and Department of Veterans affairs policies would have to be
changed in order for a repeal of section 654 to be effective in
promoting the readiness, morale, cohesion, welfare and
discipline of members of the Armed Forces and their families
and dependents.
(14) Whether a statute prohibiting discrimination on the
basis of sexual orientation, such as proposed in H.R. 1283 of
the 111th Congress, would be necessary or desirable as part of
the repeal of section 654; and, if the nondiscrimination policy
set out in such bill were enacted into law, given such bill's
proposed statutory definition of sexual orientation, an
evaluation of--
(A) the Department of Defense and Armed Forces
polices that would have to be changed and the nature of
the changes;
(B) the legal and practical implementation
challenges associated with such changes, especially for
commanders and leaders;
(C) the measures required to overcome those
challenges; and
(D) the effect such a nondiscrimination statute
would have on current military billeting and housing
policies and practices.
(15) Assuming repeal of section 654--
(A) whether the Defense of Marriage Act (Public Law
104-199; 1 U.S.C. 7) and the associated provision of
such H.R. 1283 would create a significant difference in
the pay, benefits, and other forms of support from the
Department of Defense, the Department of Veterans
Affairs, and other Federal departments that could be
provided to legally married heterosexual military
couples, families and dependents and the pay, benefits,
and other forms of support that could be provided to
legally married military gay couples, families and
dependents;
(B) explain the nature and extent of those
differences;
(C) explain the extent to which the limitations on
benefits resulting from the Defense of Marriage Act
would affect military readiness, cohesion, morale, and
good order and discipline; and
(D) explain the extent to which this diversity of
benefits would affect military family readiness,
morale, welfare, and cohesion.
(16) To effectively implement a repeal of section 654,
whether the Defense of Marriage Act should be repealed or
amended, and explain the basis for the conclusion.
(17) The extent to which, and the nature and objectives of,
education and training measures and programs that would be
required, upon repeal of section 654, for members of the Armed
Forces, their families, and dependents.
(18) The projected costs of a repeal of section 654,
including costs attributable to changes in military barracks,
housing policies, and military construction considered
necessary to accommodate various sexual orientations.
(19) The extent to which, upon repeal of section 654, gay
and lesbian military retirees, their families, and dependents
should be made eligible retroactively for Federal benefits in
the same manner as the benefits received by heterosexual
military retirees, their families, and dependents as a result
of service in the Armed Forces, and if so, what benefits should
be provided and at what estimated cost.
(c) Methodology.--
(1) Use of in-house resources.--The surveys, polling,
studies, updates or revisions, and analysis conducted by or for
the working group, and instruments designed to conduct such
surveys, polling, studies, updates or revisions, and analysis,
shall primarily, if not exclusively, employ the in-house
capabilities of the Department of Defense.
(2) Restriction.--If the Secretary of Defense or the
working group determines that required surveys, polling, focus
groups, and analysis cannot be conducted solely using in-house
capabilities of the Department of Defense, the Secretary and
the working group may not for those purposes employ, or use the
survey instruments or data from, any organization that has
previously done any survey, polling, or analysis work on
matters related to a potential repeal of section 654 or the
Department of Defense policy that preceded enactment of section
654.
(d) Revised Reporting Requirement and Time Lines.--Not later than
six months after the working group provides its final report to the
Secretary of Defense, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
containing--
(1) the report and recommendations of the working group, as
modified as required by subsections (a) and (b);
(2) the comments and recommendations of the Chief of Staff
of the Army, the Chief of Naval Operations, the Chief of Staff
of the Air Force, and the Commandant of the Marine Corps
regarding the conclusions and recommendations of the working
group; and
(3) the conclusions and recommendations of the Secretary of
Defense, including a comprehensive proposal for all Federal
legislation required to be enacted or amended should section
654 be repealed. | Directs the Secretary of Defense to modify the guidance and terms of reference issued in connection with the establishment of a Department of Defense (DOD) working group tasked to conduct a review of the possible repeal of federal law containing the U.S. policy concerning homosexuality in the Armed Forces (commonly referred to as the Don't Ask, Don't Tell policy). Requires the final report of the working group to include an evaluation of: (1) whether the current policy is significantly undermining military readiness; (2) whether its repeal will significantly improve military readiness; and (3) what implications for and effects on military readiness, cohesion, morale, good order, and discipline are entailed as a result of its repeal or amendment. Outlines expanded report objectives, including determining the policy's effect on recruitment and manpower requirements.
Requires the Secretary, after the final report of the working group, to report to the congressional defense committees on the working group's report and recommendations, the Secretary's conclusions and recommendations, and the comments and recommendations of the chiefs of staff of the military departments. | To establish additional research, study, and reporting requirements for the Department of Defense working group reviewing the possible repeal of current United States policy concerning homosexuality in the Armed Forces, referred to as Don't Ask, Don't Tell and codified as section 654 of title 10, United States Code. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Sovereignty Protection Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) In response to a California Supreme Court decision that
overturned Proposition 5, the passage of which in 1998
confirmed gaming rights for California tribes, the United
States attorney declared that all tribal gaming in California
must cease unless Tribal-State compacts were signed by October
13, 1999.
(2) It is estimated that Indian gaming in California
directly supports more than 16,000 jobs and indirectly supports
another 34,000 jobs in California, while it has reduced welfare
payments by $50,000,000.
(3) Faced with the prospect that their most valuable
economic assets would be shut down, 61 California tribes were
essentially forced to sign gaming compacts with California
Governor Gray Davis.
(4) The Governor of California acted in bad faith by
conditioning those compacts on the tribes' signing separate
labor agreements that could result in the forced intrusion by
labor unions on sovereign tribal lands and the unprecedented
unionization of Indian casino employees.
(5) The United States Constitution recognizes Indian tribes
as sovereign governmental entities.
(6) Indian tribes have an inherent right to govern
themselves consistent with the United States Constitution,
treaties, laws, and court decisions.
(7) The National Labor Relations Board has held that
tribally-owned and operated businesses located on Indian lands
are exempt from the National Labor Relations Act under the
Act's exemption for government entities.
(8) The labor agreements forced on the tribes in California
establish jurisdiction outside of the National Labor Relations
Board and would instead be enforceable in State court.
(9) By signing these labor agreements, California tribes
were forced to cede their sovereignty and their constitutional
rights to the State of California in order to save their
enterprises from being shut down by the United States
Department of Justice.
(10) The Indian Gaming Regulatory Act was established to
``[promote] tribal economic development'' and ``for the
regulation of gaming by an Indian tribe adequate to shield it
from organized crime . . . and to ensure that the Indian tribe
is the primary beneficiary of the gaming operation''.
(11) Labor agreements have never been part of Tribal-State
compacts outside California and could undermine the stated
purposes of the Indian Gaming Regulatory Act.
(12) The situation in California is part of a broader
attack on tribal sovereignty led by labor-backed interests.
(13) The recently-released report of the National Gambling
Impact Study Commission, at the insistence of commission member
John Wilhelm, president of the Hotel Employee and Restaurant
Employee International Union, recommends that Indian tribes
voluntarily enter into agreements with organized labor that
could lead to the unionization of Indian casino employees, and
states that if the tribes do not reach such agreements within a
``reasonable period of time'' that ``Congress should enact
legislation establishing'' labor organizing rights, essentially
forcing the tribes to unionize their casino employees.
(14) The decision to allow access to tribal employees and
the unionization of tribally owned and operated casinos located
on tribal lands should be determined solely by the individual
sovereign tribes, not the State or Federal Government.
(15) Amending the Indian Gaming Regulatory Act to ensure
that Indian tribes cannot be forced to provide access to or
otherwise unionize their casino employees as a condition of
obtaining a federally approved Tribal-State gaming compact
under the Indian Gaming Regulatory Act would protect the
constitutional rights of all federally recognized tribes and
honor the Federal Government's treaty obligations to Native
Americans, and would ensure that no tribe could be forced into
any labor agreement against its will.
SEC. 3. PROHIBITION ON LABOR AGREEMENTS AS PART OF TRIBAL-STATE
COMPACTS.
Section 11(d)(3) of the Indian Gaming Regulatory Act (25 U.S.C.
2710(d)(3)) is amended by adding at the end the following:
``(D) No Tribal-State compact negotiated under
subparagraph (A) shall include, or be conditioned by
another agreement which includes, any provision
relating to labor terms or conditions (including terms
or conditions related to free association, organizing,
or collective bargaining) for employees of tribally
owned businesses located on Indian lands. Any such
provision entered into before, on, or after the date of
the enactment of this subparagraph shall be null and
void. If such a provision is included in, or otherwise
is purported to condition the effectiveness of, a
Tribal-State compact, such provision shall be deemed as
severed from and not conditioning the effectiveness of
the Tribal-State compact which shall remain in force as
if such provision had never been executed.''. | Tribal Sovereignty Protection Act - Amends the Indian Gaming Regulatory Act to prohibit negotiated Tribal-State compacts from including, or being conditioned upon, any provision relating to labor terms or conditions for employees of tribally owned businesses located on Indian lands. | To amend the Indian Gaming Regulatory Act to protect Indian tribes from coerced labor agreements. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetic Research Privacy Protection
Act''.
SEC. 2. PROTECTION OF PRIVACY OF INDIVIDUALS WHO ARE RESEARCH SUBJECTS.
(a) In General.--Subsection (d) of section 301 of the Public Health
Service Act (42 U.S.C. 241) is amended to read as follows:
``(d) Protection of Privacy of Individuals Who Are Research
Subjects.--
``(1) Issuance of certificate.--
``(A) In general.--If a person is engaged in
biomedical, behavioral, clinical, or other research, in
which identifiable, sensitive information is collected
(including research on mental health and research on
the use and effect of alcohol and other psychoactive
drugs), the Secretary, in coordination with other
Departments, as applicable--
``(i) shall issue to such person a
certificate of confidentiality to protect the
privacy of individuals who are the subjects of
such research if the research is funded wholly
or in part by the Federal Government; and
``(ii) may, upon application by a person
engaged in research, issue to such person a
certificate of confidentiality to protect the
privacy of such individuals if the research is
not so funded.
``(B) Result of certificate.--Except as provided in
subparagraph (C), any person to whom a certificate is
issued under subparagraph (A) to protect the privacy of
individuals described in such subparagraph shall not
disclose or provide to any other person not connected
with the research the name of such an individual or any
information, document, or biospecimen that contains
identifiable, sensitive information about such an
individual and that was created or compiled for
purposes of the research.
``(C) Exceptions.--The disclosure prohibition in
subparagraph (B) shall not apply to disclosure or use
that is--
``(i) required by Federal, State, or local
laws, excluding instances described in
subparagraph (D);
``(ii) necessary for the medical treatment
of the individual to whom the information,
document, or biospecimen pertains;
``(iii) made with the consent of the
individual to whom the information, document,
or biospecimen pertains; or
``(iv) made for the purposes of other
scientific research that is in compliance with
applicable Federal regulations governing the
protection of human subjects in research.
``(D) Prohibition on compelling disclosure.--Any
person to whom a certificate is issued under
subparagraph (A) to protect the privacy of an
individual described in such subparagraph shall not, in
any Federal, State, or local civil, criminal,
administrative, legislative, or other proceeding,
disclose or provide the name of such individual or any
such information, document, or biospecimen that
contains identifiable, sensitive information about the
individual and that was created or compiled for
purposes of the research.
``(E) Immunity.--Identifiable, sensitive
information protected under subparagraph (A), and all
copies thereof, shall be immune from the legal process,
and shall not, without the consent of the individual to
whom the information pertains, be admissible as
evidence or used for any purpose in any action, suit,
or other judicial, legislative, or administrative
proceeding.
``(F) Terms of protection.--Identifiable, sensitive
information collected by a person to whom a certificate
has been issued under subparagraph (A), and all copies
thereof, shall be subject to the protections afforded
by this section for perpetuity.
``(G) Minimizing administrative burden.--The
Secretary shall take steps to minimize the burden to
researchers, streamline the process, and reduce the
time it takes to comply with the requirements of this
subsection.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to limit the access of an individual who is
a subject of research to information about himself or herself
collected during such individual's participation in the
research.
``(3) Definitions.--For purposes of this subsection, the
term `identifiable, sensitive information' means information
that is about an individual and that is gathered or used during
the course of research described in paragraph (1)(A) and--
``(A) through which an individual is identified; or
``(B) for which there is a risk, as determined by
current scientific practices or statistical methods,
that some combination of the information, the request,
and other available data sources could be used to
deduce the identity of an individual.''.
(b) Applicability.--Beginning on the date of enactment of this Act,
all persons engaged in research and authorized by the Secretary of
Health and Human Services to protect information under section 301(d)
of the Public Health Service Act (42 U.S.C. 241(d)) prior to the date
of enactment of this Act shall be subject to the requirements of such
section (as amended by this Act).
SEC. 3. PROTECTION OF IDENTIFIABLE, SENSITIVE INFORMATION.
Section 301 of the Public Health Service Act (42 U.S.C. 241) is
amended by adding at the end the following:
``(f)(1) The Secretary may exempt from disclosure under section
552(b)(3) of title 5, United States Code, biomedical information that
is about an individual and that is gathered or used during the course
of biomedical research if--
``(A) an individual is identified; or
``(B) there is a risk, as determined by current scientific
practices or statistical methods, that some combination of the
information, the request, and other available data sources
could be used to deduce the identity of an individual.
``(2)(A) Each determination of the Secretary under paragraph (1) to
exempt information from disclosure shall be made in writing and
accompanied by a statement of the basis for the determination.
``(B) Each such determination and statement of basis shall be
available to the public, upon request, through the Office of the Chief
FOIA Officer of the Department of Health and Human Services.
``(3) Nothing in this subsection shall be construed to limit a
research participant's access to information about such participant
collected during the participant's participation in the research.''. | Genetic Research Privacy Protection Act This bill amends the Public Health Service Act to revise provisions regarding disclosure by researchers of the identifiable, sensitive information of research subjects. The Department of Health and Human Services (HHS) must prohibit researchers from disclosing such information from federally funded research to persons not connected to the research. Researchers may apply to have other research covered by this prohibition. Disclosures of such information are permitted if required by law, necessary for the medical treatment of the research subject, made with the consent of the subject, or made for the purposes of other research that is in compliance with regulations regarding protection of subjects. HHS may exempt identifiable information collected for biomedical research from disclosure under the Freedom of Information Act. | Genetic Research Privacy Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voter Turnout Enhancement Study
Commission Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the right of citizens of the United States to vote is a
fundamental right;
(2) Federal, State, and local governments have a duty to
promote the exercise of the right to vote to the greatest
extent possible;
(3) the power to tax is only guardedly granted to Federal,
State, and local governments by the citizens of the United
States;
(4) the only regular contact that most Americans have with
their government consists of filing personal income tax returns
and voting in Federal, State, and local elections;
(5) in 1992, almost 115,000,000 Federal income tax returns
were filed by individuals and couples, but only approximately
104,000,000 votes were cast in the year's presidential
election; and
(6) more closely tying the rights of individuals as voters
to their obligations as taxpayers will provide additional
incentives for individuals to both participate in the electoral
process and scrutinize the costs and benefits of government
policies.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the Voter Turnout
Enhancement Study Commission (in this Act referred to as the
``Commission'').
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 9
members appointed as follows:
(1) 3 members appointed by the President.
(2) 3 members appointed by the President pro tempore of the
Senate, upon the joint recommendation of the majority leader
and the minority leader of the Senate.
(3) 3 members appointed by the Speaker of the House of
Representatives, upon the joint recommendation of the Speaker
and the minority leader of the House of Representatives.
(b) Political Affiliation.--Not more than 2 of the 3 members of the
Commission appointed under any 1 paragraph of subsection (a) may be of
the same political party.
(c) Time of Appointment.--Members of the Commission shall be
appointed not later than 30 days after the date of the enactment of
this Act.
(d) Terms.--Members of the Commission shall be appointed to serve
for the life of the Commission.
(e) Vacancies.-- Any vacancy in the Commission shall be filled in
the same manner as the original appointment.
(f) Compensation.--
(1) Rate of pay.--Except as provided in paragraph (2),
members of the Commission shall serve without pay.
(2) Travel expenses.--Each member of the Commission shall
be entitled to receive travel expenses, including per diem in
lieu of subsistence, as authorized by section 5703 of title 5,
United States Code, for persons employed intermittently in the
Government service.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold a hearing.
(h) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among its members.
(i) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson or a majority of its members.
(2) Initial meeting.--The Commission shall hold its initial
meeting not later than 30 days after the date on which all
members of the Commission have been appointed.
SEC. 5. DUTIES.
(a) Study.--The Commission shall conduct a comprehensive study of
all matters relating to the possibility of changing the filing date for
Federal income tax returns to the 1st Tuesday after the 1st Monday in
November. The study shall include an analysis of--
(1) the costs and benefits of the change in filing date;
and
(2) the likelihood that establishment of a single date on
which individuals can fulfill obligations of citizenship as
both electors and taxpayers will increase participation in
Federal, State, and local elections.
(b) Consultation.--The Commission shall consult with Governors,
Federal and State election officials, the Commissioner of Internal
Revenue, and any other person, agency, or entity that the Commission
determines to be appropriate.
SEC. 6. POWERS.
(a) Hearings.--The Commission may hold the hearings, sit and act at
the times and places, take the testimony, and receive the information
that the Commission considers advisable to carry out the purposes of
this Act.
(b) Mails.--the Commission may use the United States mails in the
same manner and under the same conditions as any other Federal
department or agency.
(c) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take under this section.
(d) Requests for Official Information.--The Commission may request
from a Federal department or agency information necessary to enable the
Commission to carry out this Act. The head of the department or agency
shall provide the information to the Commission unless release of the
information to the public by the agency is prohibited by law.
SEC. 7. STAFF ASSISTANCE FROM FEDERAL AGENCIES.
Upon the request of the Commission or the Chairperson of the
Commission, the head of any Federal department or agency may detail any
of the personnel of the department or agency to the Commission to
assist the Commission to carry out this Act.
SEC. 8. REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Commission shall submit to the President and the Congress a report
that contains--
(1) a detailed statement of the findings and conclusions of
the study required by section 5; and
(2) recommendations of the Commission regarding any
legislation or administrative action the Commission considers
appropriate.
SEC. 9. TERMINATION.
The Commission shall terminate upon the submission of the report
required by section 8.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Voter Turnout Enhancement Study Commission Act - Establishes the Voter Turnout Enhancement Study Commission to examine the possibility of changing the filing date of Federal income tax returns to the first Tuesday after the first Monday in November (election day). Terminates the Commission upon submission of a required report. Authorizes appropriations. | Voter Turnout Enhancement Study Commission Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Workforce Reduction and
Realignment Commission Act''.
SEC. 2. ESTABLISHMENT.
There is established an independent commission to be known as the
``Federal Workforce Reduction and Realignment Commission'' (hereinafter
in this Act referred to as the ``Commission'').
SEC. 3. PURPOSE OF COMMISSION.
(a) In General.--The purpose of the Commission is to develop and
submit, to the President and the Congress, recommendations for reducing
the number of Federal employees nationwide, in non-defense-related
agencies, by 250,000.
(b) Requirements.--The recommendations of the Commission--
(1) shall be based on data which shall be supplied by
Federal agencies; and
(2) shall be developed in a manner so as to improve
Government efficiency.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of 8
members appointed by the President, by and with the advice and
consent of the Senate.
(2) Nominations.--The President shall transmit to the
Senate his nominations for appointment to the Commission no
later than 30 days after the date of the enactment of this Act.
(b) Consultation.--In selecting individuals for nomination for
appointment to the Commission, the President shall consult with--
(1) the Speaker of the House of Representatives concerning
the appointment of 2 members;
(2) the majority leader of the Senate concerning the
appointment of 1 member;
(3) the minority leader of the House of Representatives
concerning the appointment of 1 member; and
(4) the minority leader of the Senate concerning the
appointment of 1 member.
(c) Chairman.--At the time the President nominates individuals for
appointment to the Commission, the President shall designate 1 such
individual to serve as Chairman of the Commission.
(d) Terms.--Each member shall be appointed for the life of the
Commission.
(e) Meetings.--
(1) Frequency.--The Commission shall meet at the call of
the Chairman or a majority of its members.
(2) Open meetings.--Each meeting of the Commission shall be
open to the public.
(f) Pay.--Each member shall be paid at the rate equal to the daily
equivalent of the rate payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day during
which the member is engaged in the actual performance of duties vested
in the Commission.
SEC. 5. STAFF.
The Commission may appoint and fix the pay of such personnel as it
considers appropriate, except that not more than \1/3\ of the personnel
employed by or detailed to the Commission may be on detail from a
Federal agency.
SEC. 6. REPORTING REQUIREMENTS.
(a) Relating to the Commission.--The Commission shall transmit a
report to the President and the Congress not later than 90 days after
the Commission is appointed. Such report shall contain the
recommendations of the Commission (as described in section 3(a)),
including recommendations relating to any legislation or other measures
which the Commission considers necessary, with particular attention to
the methodology used by the Commission.
(b) Relating to the President.--The President shall transmit a
written report to the Congress, not later than 10 days after receiving
the report of the Commission, in which the President shall indicate--
(1) approval, in which case the Congress shall introduce
these recommendations as a joint resolution; or
(2) disapproval, in which case the President shall submit
changes to the Commission within 10 days; the Commission shall
then have an additional 10 days to consider these changes and
submit their final report to Congress.
SEC. 7. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.
(a) Terms of the Resolution.--For the purposes of this Act, the
term ``joint resolution'' means only a joint resolution which is
introduced within a 10-day period beginning on the date on which the
President or the Commission transmits the report to Congress and--
(1) which does not have a preamble;
(2) the matter after the resolving clause of which is as
follows: ``That Congress approves the recommendations of the
Federal Workforce Reduction and Realignment Commission as
submitted by the President on __________________ '', the blank
space being filled by the appropriate date; and
(3) the title of which is as follows: ``Joint resolution
approving the recommendations of the Federal Workforce
Reduction and Realignment Commission.''.
(b) Referral.--A resolution described in subsection (a) that is
introduced in the House of Representatives shall be referred to the
Committee on Post Office and Civil Service of the House of
Representatives. A resolution described in subsection (a) introduced in
the Senate shall be referred to the Committee on Governmental Affairs
of the Senate.
(c) Discharge.--If the committee to which a resolution described in
subsection (a) is referred has not reported such resolution (or an
identical resolution) by the end of the 20-day period beginning on the
date on which the President transmits a report to the Congress under
section 6(b), such committee shall be, at the end of such period,
discharged from further consideration of such resolution, and such
resolution shall be placed on the appropriate calendar of the House
involved.
(d) Consideration.--(1) On or after the third day after the date on
which the committee to which the resolution is referred has reported,
or has been discharged, it shall be in order for any Member of the
respective House to move to proceed to the consideration of the
resolution (but only on the day after the calendar day on which such
Member announces to the House concerned the Member's intention to do
so). All points of order against the resolution and against
consideration of the resolution are waived. The motion is highly
privileged in the House of Representatives and is privileged in the
Senate and is not debatable. The motion is not subject to amendment, or
to a motion to postpone, or to a motion to proceed to the consideration
of other business. A motion to reconsider the vote by which the motion
is agreed to or disagreed to is not in order. If a motion to proceed to
the consideration of the resolution is agreed to, the respective House
shall immediately proceed to consideration of the joint resolution
without intervening motion, order, or other business, and the
resolution shall remain the unfinished business of the respective House
until disposed of.
(2) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than 2
hours, which shall be divided equally between those favoring and those
opposing the resolution. An amendment to the resolution is not in
order. A motion to further limit debate is in order and not debatable.
A motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the resolution is not in order.
A motion to reconsider the vote by which the resolution is agreed to or
disagreed to is not in order.
(3) Immediately following conclusion of the debate on a resolution
described in subsection (a) and a single quorum call at the conclusion
of the debate is requested in accordance with the rules of the
appropriate House, the vote on final passage of the resolution shall
occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a resolution described
in subsection (a) shall be decided without debate.
(e) Consideration by the Other House.--(1) If, before the passage
by one House of a resolution of that House described in subsection (a),
that House receives from the other House a resolution described in
subsection (a), then the following procedures shall apply:
(A) The resolution of the other House shall not be referred
to a committee and may not be considered in the House receiving
it except in the case of final passage as provided in
subparagraph (B)(ii).
(B) With respect to a resolution described in subsection
(a) of the House receiving the resolution--
(i) the procedure in that House shall be the same
as if no resolution had been received from the other
House; but
(ii) the vote on final passage shall be on the
resolution of the other House.
(2) Upon disposition of the resolution received from the other
House, it shall no longer be in order to consider the resolution that
originated in the receiving House.
(f) Rules of the Senate and House.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a resolution described in subsection
(a), and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 8. TERMINATION.
The Commission shall terminate as of the date on which it transmit
its final report under section 6(b)(2). | Federal Workforce Reduction and Realignment Commission Act - Establishes an independent Federal Workforce Reduction and Realignment Commission to develop and submit to the President and the Congress recommendations for reducing the number of Federal employees nationwide in non-defense-related agencies by 250,000. | Federal Workforce Reduction and Realignment Commission Act |
SECTION 1. AMENDMENTS.
The Act entitled ``An Act to provide for the establishment of the
Lowell National Historical Park in the Commonwealth of Massachusetts,
and for other purposes'' approved June 5, 1978 (92 Stat. 290; 16 U.S.C.
410cc et seq.), is amended as follows:
(1) In section 103(a)(2), by striking ``$33,600,000'' and
inserting ``$43,930,000''. The amendment made by this paragraph
shall take effect on October 1, 1994.
(2) In section 203, by adding at the end thereof the
following new subsection:
``(c) Loan and Grant Agreements.--Upon termination of the
Commission, the Secretary, acting through the National Park Service,
shall assume all responsibilities of the Commission for administration
and oversight of the loan and grant agreements under section 303.''.
(3) In section 205, by adding at the end thereof the
following new subsection:
``(e) Leasing Authority.--(1) In addition to other available
authorities, the Secretary may, in his discretion, negotiate and enter
into leases, as appropriate, with any person, firm, association,
organization, corporation or governmental entity for the use of any
property within the Park and Preservation District in accordance with
the General Management Plan and any of the purposes set forth in
section 1 of this Act.
``(2) Any leases entered into under this subsection shall be
subject to such procedures, terms, conditions and restrictions as the
Secretary deems necessary. The Secretary is authorized to negotiate and
enter into leases or other agreements, at fair market value and without
regard to section 321 of chapter 314 of the Act of June 30, 1932 (40
U.S.C. 303b). For purposes of any such lease or other agreements, the
Secretary may adjust the rental by taking into account any amounts to
be expended by the lessee for preservation, maintenance, restoration,
improvement, repair and related expenses with respect to the leased
properties.
``(3) Surplus proceeds from leases entered into under section 111
of the National Historic Preservation Act (16 U.S.C. 470h-3) with
respect to property in the Park and Preservation District, and all
proceeds from all other leases entered into under this subsection,
shall be retained by the Secretary, remain available until expended,
and, subject to appropriation, be used to offset the costs of
preservation, interpretation, restoration, maintenance, improvement,
repair, and related expenses, including administration related to such
expenses, incurred by the Secretary with respect to properties within
the Park and Preservation District, with the balance used to offset
other costs incurred by the Secretary in the administration of the
Park.
``(4) Each lessee of a lease entered into under this subsection
shall keep such records as the Secretary may prescribe to enable the
Secretary to determine that all terms of the lease have been, and are
being, faithfully performed.
``(5) The Secretary shall annually prepare and submit to Congress a
report on property leased under this subsection.''.
(4) In section 301(i), by striking ``seventeen'' and
inserting ``22''.
(5) In section 303(a), by amending paragraph (1) to read as
follows:
``(1) The loan to the corporation shall have a maturity of
35 years. At the end of such period, the corporation shall
repay to the Secretary of the Treasury (in a lump sum) for
deposit in the general fund of the Treasury the full amount of
the loan and any additional amounts accruing to the corporation
pursuant to this subsection excepting principal and interest
losses occasioned by loan defaults after all reasonable efforts
at collection have been completed plus those amounts expended
by the Corporation for reasonable administrative expenses. The
Commission is further authorized to renegotiate the terms and
conditions respecting loan repayment of the agreement dated
December 8, 1980, with the Lowell Development and Financial
Corporation. The authority provided in this paragraph shall be
available only to the extent that appropriations for a subsidy
cost, as defined in section 502 of the Congressional Budget Act
of 1974, are made in advance.''.
(6) In section 305(g), by inserting before the period at
the end thereof ``for administration by the National Park
Service in accordance with the general management plan''.
(7) By adding after section 307 the following:
``SEC. 308. ADVISORY COMMITTEE.
``(a) Establishment of Advisory Committee.--Upon the termination of
the Commission, the Secretary shall establish a committee to be known
as the Lowell National Historical Park Advisory Committee (hereinafter
in this section referred to as the `Advisory Committee').
``(b) Membership.--The Advisory Committee shall be composed of 15
members appointed by the Secretary.
``(c) Chairperson.--The Advisory Committee shall designate one of
its members as Chairperson.
``(d) Quorum.--Eight members of the Advisory Committee shall
constitute a quorum. The Advisory Committee shall act and advise by
affirmative vote of a majority of the members voting at a meeting at
which a quorum is present. The Advisory Committee shall meet on a
regular basis. Notice of meetings and agenda shall be published in
local newspapers which have a distribution which generally covers the
area affected by the park and preservation district. Advisory Committee
meetings shall be held at locations and in such a manner as to ensure
adequate public involvement.
``(e) Functions.--The Advisory Committee shall advise the Secretary
on the operation, maintenance, development, and programming of the park
and preservation district.
``(f) Support and Technical Services.--In order to provide staff
support and technical services to assist the Advisory Committee in
carrying out its duties under this Act, upon request of the Advisory
Committee, the Secretary is authorized to detail any personnel of the
National Park Service to the Advisory Committee.
``(g) Per Diem.--Members of the Advisory Committee shall serve
without compensation but shall be entitled to travel expenses,
including per diem in lieu of subsistence, in the same manner as
persons employed intermittently in Government service under section
5703 of title 5, United States Code.
``(h) FACA.--The provisions of section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776), are hereby
waived with respect to the Advisory Committee.
``(i) Vacancies.--Any vacancy in the Advisory Committee shall be
filled in the same manner in which the original appointment was made.
Any member may serve after the expiration of his term until his
successor is appointed.
``(j) Termination.--The Advisory Committee shall terminate on June
5, 2010.
``SEC. 309. COMPTROLLER GENERAL REVIEW.
``(a) Deadline.--No later than January 1, 1996, the Comptroller
General of the United States shall conduct the audit described in
subsection (b) and submit to Congress a report concerning the results
of such audit.
``(b) Audit.--The audit required by subsection (a) shall deal only
with those activities and expenditures authorized by this Act and
shall--
``(1) review the authorities of the National Park Service
and the Lowell Historic Park Advisory Commission and compare
them with those of similar units of the National Park System;
``(2) undertake a detailed assessment of all major Federal
expenditures made by the National Park Service and the Lowell
Historic Park Advisory Commission;
``(3) examine all loans made by the Lowell Development and
Financial Corporation related to the Lowell National Historical
Park and document the status of those loans which have not been
fully repaid;
``(4) identify the extent of non-Federal investment that
has been generated because of Federal spending authorized by
this Act; and
``(5) review all Federal activities and expenditures
associated with renovating the Nesmith House and give the
current status of that effort.''.
(8) By adding at the end the following:
``TITLE IV--BUY AMERICAN
``SEC. 401. PURCHASE OF AMERICAN MADE EQUIPMENT AND PRODUCTS.
``(a) Sense of Congress.--It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products purchased
with funds made available pursuant to this Act should be American made.
``(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
pursuant to this Act, the Commission, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.''.
Passed the House of Representatives September 26, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Increases the authorization of appropriations for the Secretary of the Interior to make available to the Lowell Historic Preservation Commission to carry out activities relating to the Lowell National Historical Park and the Lowell Historic Preservation District in Massachusetts. Requires the Secretary, acting through the National Park Service, to assume all responsibilities for administration and oversight of the loan and grant agreements between the Commission and the Lowell Development and Financial Corporation upon termination of the Commission. Authorizes the Secretary to negotiate and enter into leases, with any person, firm, association, organization, corporation, or governmental entity for the use of any property within the Park and Preservation District in accordance with the General Management Plan for the Park. Requires the Secretary to retain and use the surplus proceeds from leases entered into under the National Historic Preservation Act and proceeds from leases entered into under this Act to offset the costs of preservation, interpretation, restoration, maintenance, improvement, repair, and related expenses incurred by the Secretary concerning properties within the Park and Preservation District. Requires the Secretary to report annually to the Congress on property leased under this Act. Extends the Lowell Historic Preservation Commission until the year 2000. Revises provisions of the terms for loan agreements between the Commission and the Corporation. Authorizes the Commission to renegotiate the terms and conditions respecting loan repayment of the agreement dated December 8, 1980, with the Corporation. Makes such authority available only to the extent that appropriations for a subsidy cost, as defined in specified provisions of the Congressional Budget Act of 1974, are made in advance. Directs the Secretary, upon the termination of the Commission, to establish the Lowell National Historical Park Advisory Committee to advise on the operation, maintenance, development, and programming of the Park and Preservation District. Requires the Comptroller General to audit and report to the Congress on the activities and expenditures authorized by this Act. Expresses the sense of the Congress that only American-made equipment and products should be purchased with funds made available pursuant to this Act. Requires the Commission to notify entities receiving financial assistance or contracts under this Act of this congressional statement. | To amend the Act establishing Lowell National Historical Park, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Equity for Pentagon
Police Heroes Act of 2011''.
SEC. 2. PENTAGON FORCE PROTECTION AGENCY.
(a) Amendments Relating to the Civil Service Retirement System.--
(1) Definitions.--
(A) Civil service retirement system.--Section 8331
of title 5 United States Code is amended--
(i) in paragraph (30), by striking ``and''
at the end;
(ii) in paragraph (31), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(32) `Pentagon Force Protection Agency officer' means an
employee appointed to perform law enforcement and security
functions under section 2674(b) of title 10 whose permanent
duty station is the Pentagon Reservation and who occupies a
position in job series 0083, or any successor position, for
which the rate of basic pay is fixed in accordance with
paragraph (2) of such section.''.
(2) Deductions, contributions, and deposits.--Section 8334
of title 5, United States Code, is amended--
(A) in subsection (a)(1)(A), by striking ``or
customs and border protection officer,'' and inserting
``customs and border protection officer, or Pentagon
Force Protection Agency officer,''; and
(B) in the table contained in subsection (c), by
adding at the end the following:
``Pentagon Force Protection Agency officer 7.5 After the date of enactment of the Pentagon
Force Protection Agency Retirement Act of
2011.''.
(3) Mandatory separation.--Section 8835(b)(1) of title 5,
United States Code, is amended in the first sentence by
striking ``or customs and border protection officer'' and
inserting ``customs and border protection officer, or Pentagon
Force Protection Agency officer''.
(4) Immediate retirement.--Section 8336 of title 5, United
States Code, is amended--
(A) in subsection (c)(1), by striking ``or customs
and border protection officer'' and inserting ``customs
and border protection officer, or Pentagon Force
Protection Agency officer''; and
(B) in subsections (m) and (n), by striking ``or as
a customs and border protection officer,'' and
inserting ``as a customs and border protection officer,
or as a Pentagon Force Protection Agency officer,''.
(b) Amendments Relating to the Federal Employees' Retirement
System.--
(1) Definitions.--Section 8401 of title 5, United States
Code, is amended--
(A) in paragraph (35), by striking ``and'' at the
end;
(B) in paragraph (36), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(37) `Pentagon Force Protection Agency officer' means an
employee appointed to perform law enforcement and security
functions under section 2674(b) of title 10 whose permanent
duty station is the Pentagon Reservation and who occupies a
position in job series 0083, or any successor position, for
which the rate of basic pay is fixed in accordance with
paragraph (2) of such section.''.
(2) Immediate retirement.--Paragraphs (1) and (2) of
section 8412(d) of title 5, United States Code, are amended by
striking ``or customs and border protection officer,'' and
inserting ``customs and border protection officer, or Pentagon
Force Protection Agency officer,''.
(3) Computation of basic annuity.--Section 8415(h)(2) of
title 5, United States Code, is amended by striking ``or
customs and border protection officer'' and inserting ``customs
and border protection officer, or Pentagon Force Protection
Agency officer.''.
(4) Deductions from pay.--The table contained in section
8422(a)(3) of title 5, United States Code, is amended by adding
at the end the following:
``Pentagon Force Protection Agency officer 7.5 After the date of enactment of the Pentagon
Force Protection Agency Retirement Act of
2011.''.
(5) Government contributions.--Paragraphs (1)(B)(i) and (3)
of section 8423(a) of title 5, United States Code, are amended
by inserting ``Pentagon Force Protection Agency officers,''
after ``customs and border protection officers,'' each place it
appears.
(6) Mandatory separation.--Section 8425(b)(1) of title 5,
United States Code, is amended--
(A) by striking ``or customs and border protection
officers who'' and inserting ``customs and border
protection officer, or Pentagon Force Protection Agency
officers who''; and
(B) by striking ``or customs and border protection
officer as the case'' and inserting ``customs and
border protection officer, or Pentagon Force Protection
Agency officer, as the case''.
(c) Maximum Age for Original Appointment.--Section 3307 of title 5,
United States Code, is amended by adding at the end the following:
``(h) The Secretary of Defense may determine and fix the maximum
age limit for an original appointment to a position as a Pentagon Force
Protection Agency officer, as defined by section 8401(37).''.
(d) Regulations.--Any regulations necessary to carry out the
amendments made by this section shall be prescribed by the Director of
the Office of Personnel Management, in consultation with the Secretary
of Defense.
(e) Effective Date; Transition Rules.--
(1) Effective date.--The amendments made by this section
shall become effective on the first day of the first pay period
beginning at least 6 months after the date of the enactment of
this Act.
(2) Transition rules.--
(A) Nonapplicability of mandatory separation
provisions to certain individuals.--The amendments made
by subsections (a)(3) and (b)(6), respectively, shall
not apply to an individual first appointed as a
Pentagon Force Protection Agency officer before the
effective date under paragraph (1).
(B) Treatment of prior pentagon force protection
agency officer service.--Nothing in this section or any
amendment made by this section shall be considered to
apply with respect to any service performed as a
Pentagon Force Protection Agency officer before the
effective date under paragraph (1).
(C) Minimum annuity amount.--The annuity of an
individual serving as a Pentagon Force Protection
Agency officer on the effective date under paragraph
(1) pursuant to an appointment made before that date
shall, to the extent that its computation is based on
service rendered as a Pentagon Force Protection Agency
officer on or after that date, be at least equal to the
amount that would be payable--
(i) to the extent that such service is
subject to the Civil Service Retirement System,
by applying section 8339(d) of title 5, United
States Code, with respect to such service; and
(ii) to the extent that such service is
subject to the Federal Employees' Retirement
System, by applying section 8415(d) of title 5,
United States Code, with respect to such
service.
(D) Rule of construction.--Nothing in the amendment
made by subsection (c) shall be considered to apply
with respect to any appointment made before the
effective date under paragraph (1).
(3) Definition.--For purposes of this subsection, the term
``Pentagon Force Protection Agency officer'' has the meaning
given such term by section 8331(32) or 8401(37) of title 5,
United States Code (as amended by this Act).
(4) Exclusion.--Nothing in this Act or any amendment made
by this Act shall be considered to afford any election or to
otherwise apply with respect to any individual who, as of the
day before the date of the enactment of this Act--
(A) holds a position within the Pentagon Force
Protection Agency; and
(B) is considered a law enforcement officer for
purposes of subchapter III of chapter 83 or chapter 84
of title 5, United States Code, by virtue of such
position. | Retirement Equity for Pentagon Police Heroes Act of 2011 - Makes provisions of the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) relating to retirement contributions, annuity computations, and mandatory separation applicable to Pentagon Force Protection Agency officers. | A bill to amend chapters 83 and 84 of title 5, United States Code, to address retirement for Pentagon Force Protection Agency officers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Health Outreach Grants
Amendments Act''.
SEC. 2. ESTABLISHMENT OF PROGRAM OF GRANTS FOR RURAL HEALTH OUTREACH.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following new part:
``Part P--Rural Health Outreach Grant Program
``SEC. 399B. RURAL HEALTH OUTREACH GRANT PROGRAM.
``(a) In General.--The Secretary may make grants to demonstrate new
and innovative models of outreach and health care services delivery in
rural areas that lack basic health services. Grants will be awarded for
one of the following: direct provision of health services to rural
populations (especially for those who are not currently receiving those
services), or to enhance access to and utilization of existing
available services.
``(b) Missions of the Outreach Projects.--Projects under subsection
(a) should be designed to address the needs of a wide range of
populations living in rural communities including, but not limited to,
the poor, farmers, farm workers, senior citizens, individuals with
disabilities, pregnant women, infants, adolescents, and rural
populations with special health care needs. The program could include
projects to:
``(1) Provide, enhance, or revitalize emergency medical
services in rural communities.
``(2) Provide ambulatory health and/or mental health
services in health professional shortage areas and in frontier
areas.
``(3) Enhance the health and safety of farmers through
direct health services for farm families, and migrant and
seasonal farm workers.
``(4) Provide direct health services to enhance health care
services to senior citizens.
``(5) Provide direct health services that will reduce
infant mortality in rural communities.
``(c) Composition of Program.--
``(1) Consortium arrangements.--Participation in the
program established in subsection (a) requires the formation of
consortium arrangements among three or more separate and
distinct entities to carry out an outreach project.
``(2) Certain requirements.--
``(A) A consortium under paragraph (1) must be
composed of three or more existing health care
providers or a combination of three or more health care
and social service providers. Consortium members may
include such entities as: hospitals, public health
agencies, home health providers, mental health centers,
rural health clinics, social service agencies, health
profession(s) schools, educational institutions,
emergency medical centers/providers, and community and
migrant health centers.
``(B) All public and private entities, both
nonprofit and for-profit may participate as members of
a consortium arrangement under paragraph (1).
``(C) A grant under subsection (a) will be made to
only one entity in a consortium under paragraph (1).
The grant recipient must be a nonprofit or public
entity which meets one of the following requirements:
``(i) Applicants must be located outside of
a Metropolitan Statistical Area as defined by
the Federal Government.
``(ii) Applicant must be located in a rural
census tract. (This provision applies to
counties that are technically classified as
Metropolitan Statistical Areas or considered as
part of a Metropolitan Statistical Area but
large parts of the counties are rural.)
Organizations located in the rural areas of the
counties mentioned previously are eligible for
participation in the program.
``(d) Review Criteria.--An outreach application under this section
may be evaluated based on the following criteria:
``(1) The extent to which the applicant has proposed a new
and innovative approach to health care in the rural area.
Services shall be directed as population groups that are
unserved or underserved.
``(2) The extent to which the applicant has justified and
documented the needs for the project and developed measurable
goals for meeting the needs.
``(3) The extent to which the applicant has clearly defined
the roles and responsibilities for each member of the
consortium and developed a workable plan for managing the
consortium's activities.
``(4) The level of local commitment and involvement with
the project, including the extent of cost participation by the
applicant and/or other organizations.
``(5) The feasibility of the project to continue after
Federal grant support is completed.
``(6) The extent of the evaluation component.
``(e) How Project Funds Are To Be Expended.--
``(1) Grantees under subsection (a) will be required to use
at least 85 percent of the total amount awarded for outreach
and care services.
``(2) 60 percent of funds must be spent in rural areas.
This provision is designed accordingly--when a consortium is
purchasing goods and services, priority should be given to
purchases in rural areas.
``(3) Grant funds may not be used for purchase,
construction, or renovation of real property or to support the
delivery of inpatient services.
``(4) Grant funds may be used for equipment and vehicles
when such equipment is essential to carrying out the outreach
project.
``(5) Individual grant awards will be limited to a total
amount of $300,000 per year. Projects will be federally funded
for three years.
``(6) Applicants must demonstrate that existing levels of
institutional and other support are not reduced or supplanted
by the availability of these grant funds.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $25,000,000
for fiscal year 1994, and such sums as may be necessary for each fiscal
year thereafter.''. | Rural Health Outreach Grants Amendments Act - Amends the Public Health Service Act to authorize grants to demonstrate new and innovative models of outreach and health care services delivery in rural areas that lack basic health services.
Conditions grants on formation of consortia of at least three health care providers or at least three social service providers.
Authorizes appropriations. | Rural Health Outreach Grants Amendments Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Self-Sufficiency Act for the
21st Century''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that:
(1) The greater deployment of distributed energy resources
can help alleviate bottlenecks and deficiencies in the nation's
energy production and delivery system, and improve power
quality and reliability, while bringing more efficient and
environmentally responsible energy resources into the
mainstream.
(2) The United States needs to ensure the rapid deployment
of new power generation technologies in order to meet the
growing demand for electricity in the `new economy,' while at
the same time paying careful attention to improving energy
efficiency and reducing pollution from energy production.
(3) The United States is poised to be a world leader in the
design and manufacture of distributed energy resources
technology.
(4) The current regulatory environment serves as a
disincentive to the deployment of distributed energy resources
in many parts of the country, due to the lack of consistent
policies and procedures for the interconnection of distributed
energy resources to the local electric grid.
(5) Existing tax treatment of distributed energy resources
also creates difficulties for the installation of these
technologies.
(6) The Federal Government needs a more coordinated program
for research, development and demonstration of distributed
energy resources.
(b) Purposes.--The purposes of this Act are to lower energy costs
to consumers, increase electric system reliability, create a more
diverse and robust energy network, and provide energy efficiency and
environmental improvements, through the rapid development and
deployment of distributed energy resources.
TITLE I--INTERCONNECTION OF LOCAL DISTRIBUTION FACILITIES
SEC. 101. INTERCONNECTION OF LOCAL DISTRIBUTION FACILITIES.
Section 210 of the Federal Power Act is amended by adding the
following at the end thereof:
``(f) Special Rule for Distributed Generation.--
``(1) Definitions.--As used in this subsection:
``(A) Utility distribution company.--The term
`utility distribution company' means any entity which
owns, controls, or operates, for public use, local
utility distribution facilities.
``(B) Local utility distribution facilities.--The
term `local utility distribution facilities' means any
facilities used for the local distribution of electric
energy. Such term does not include any facilities
determined by the Commission to be transmission
facilities subject to the jurisdiction of the
Commission under section 201.
``(C) Distributed generation facility.--The term
`distributed generation facility' means an electric
power generation facility that is designed to serve
retail electric consumers at or near the facility site
and interconnect with local utility distribution
facilities.
``(2) Interconnection.--A utility distribution company
shall interconnect its local utility distribution facilities
with, and provide service to, a distributed generation
facility, if the distributed generation facility owner or
operator complies with the final rule promulgated under
paragraph (3) and pays the costs directly related to such
interconnection and service, as determined by the Commission.
The costs, terms and conditions of such interconnection and
subsequent service shall be just, reasonable and non-
discriminatory, as determined by the Commission.
``(3) Rules.--Within one year after the date of enactment
of this subsection, the Commission shall promulgate a final
rule to establish safety, reliability, and power quality
standards relating to distributed generation facilities. To the
extent feasible, the Commission shall develop the standards
through a process involving interested parties. For purposes of
developing such standards, the Commission shall establish an
advisory committee composed of qualified experts to make
recommendations to the Commission.''.
TITLE II--TAX INCENTIVES FOR DISTRIBUTED ENERGY RESOURCES
SEC. 201. TAX INCENTIVES FOR DISTRIBUTED ENERGY RESOURCES.
(a) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this title 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 Internal Revenue Code of 1986.
(b) In General.--Section 48(a)(3) of the Internal Revenue Code of
1986 (defining energy property) is amended by inserting before the last
sentence the following: ``The term `energy property' includes
distributed power property or combined heat and power system property,
but only if the requirements of subparagraphs (B) and (C) are met with
respect to the property.''.
(c) Definitions.--Subsection (a) of section 48 of the Internal
Revenue Code of 1986 (related to the energy credit) is amended by
adding at the end the following new paragraphs:
``(6) Distributed power property.--The term `distributed
power property' means property--
``(A) which is used in the generation of
electricity for primary use--
``(i) in nonresidential real or residential
rental property used in the taxpayer's trade or
business;
``(ii) in the taxpayer's industrial
manufacturing process or plant activity,
``(B) which may also produce usable thermal energy
or mechanical power for use in heating or cooling
application, but only if at least 40 percent of the
total useful energy produced consists of--
``(i) with respect to assets described in
subparagraph (A)(i), electrical power (whether
sold or used by the taxpayer), or
``(ii) with respect to assets described in
subparagraph (A)(ii), electrical power (whether
sold or used by the taxpayer) and thermal or
mechanical energy used in the taxpayer's
industrial manufacturing process or plant
activity,
``(C) which is not used to transport primary fuel
to the generating facility or to distribute energy
within or outside of the facility, and
``(D) if it is reasonably expected that not more
than 50 percent of the produced electricity will be
sold to, or used by, unrelated persons.
``(7) Combined heat and power system property.--For
purposes of this subsection--
``(A) Combined heat and power system property.--The
term `combined heat and power system property' means
property comprising a system--
``(i) which uses the same energy source for
the simultaneous or sequential generation of
electrical power, mechanical shaft power, or
both, in combination with the generation of
steam or other forms of useful thermal energy
(including heating and cooling applications),
``(ii) which has an electrical capacity of
more than 50 kilowatts or a mechanical energy
capacity of more than 67 horsepower or an
equivalent combination of electrical and
mechanical energy capacities,
``(iii) which produces--
``(I) at least 20 percent of its
total useful energy in the form of
thermal energy, and
``(II) at least 20 percent of its
total useful energy in the form of
electrical or mechanical power (or
combination thereof), and
``(iv) the energy efficiency percentage of
which exceeds 60 percent (70 percent in the
case of a system with an electrical capacity in
excess of 50 megawatts or a mechanical energy
capacity in excess of 67,000 horsepower, or an
equivalent combination of electrical and
mechanical energy capacities).
``(B) Special rules.--
``(i) Energy efficiency percentage.--For
purposes of subparagraph (A)(iv), the energy
efficiency percentage of a system is the
fraction--
``(I) the numerator of which is the
total useful electrical, thermal, and
mechanical power produced by the system
at normal operating rates, and
``(II) the denominator of which is
the lower heating value of the primary
fuel source for the system.
``(ii) Determinations made on btu basis.--
The energy efficiency percentage and the
percentages under subparagraph (A)(iii) shall
be determined on a Btu basis.
``(iii) Input and output property not
included.--The term `combined heat and power
system property' does not include property used
to transport the energy source to the facility
or to distribute energy produced by the
facility.
``(iv) Public utility property.--
``(I) Accounting rule for public
utility property.--If the combined heat
and power system property is public
utility property (as defined in section
46(f)(5) as in effect on the day before
the date of enactment of the Revenue
Reconciliation Act of 1990), the
taxpayer may only claim the credit
under the subsection if, with respect
to such property, the taxpayer uses a
normalization method of accounting.
``(II) Certain exception not to
apply.--The matter in paragraph (3)
which follows subparagraph (D) shall
not apply to combined heat and power
system property.''.
(d) No Carryback of Energy Credit Before Effective Date.--
Subsection (d) of section 39 is amended by adding at the end the
following new paragraph:
``(10) No carryback of energy credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the portion of the energy credit
described in paragraph (6) or (7) of section 48(a) may be
carried back to a taxable year ending before the date of the
enactment of this paragraph.''.
(e) Depreciation.--Subparagraph (C) of section 168(e)(3) (relating
to classification of certain property as 7-year property) is amended by
redesignating clause (ii) as clause (iii) and by inserting after clause
(i) the following new clause:
``(ii) any distributed power property (as
defined in section 48(a)) or combined heat and
power system property (as defined in such
section), and''.
(f) Effective Date.--The amendments made by this title shall apply
to property placed in service after December 31, 2000.
TITLE III--RESEARCH AND DEVELOPMENT OF NEW DISTRIBUTED ENERGY RESOURCE
TECHNOLOGIES
SEC. 301. RESEARCH AND DEVELOPMENT OF NEW DISTRIBUTED ENERGY RESOURCE
TECHNOLOGIES.
(a) In General.--The Secretary of Energy shall develop and
implement an accelerated comprehensive and cooperative program of
research and development to ensure the reliability, efficiency and
environmental responsibility of Distributed Energy Resources (hereafter
in this section referred to as ``DER''). This research and development
program shall include Advanced Energy Technologies Development,
Advanced Energy Systems Development, Advanced Grid Reliability
Technologies development and Technology Transfer and Education.
(b) Purposes.--The cooperative research program shall promote and
accelerate research and development for the following purposes:
(1) Ensure long-term safety, reliability, and service for
DER.
(2) Expand the capability of DER to be safely, reliably,
and with integrity connected to the distribution electric grid.
(3) Improve the non-renewable technologies ability to
reduce fossil fuel consumption.
(4) Minimize the environmental impact of DER technologies.
(5) Provide highly secure interface systems for command,
control, and communication of DER technologies with the
electrical grid.
(6) Develop technologies that advance and enhance the
electrical transmission and distribution grid.
(7) Develop integration techniques and methodologies that
enhance the electric grid's performance.
(c) Areas.--(1) In carrying out this act, the Secretary of Energy
shall consider research and development on DER, Advanced Systems
Development, and Advanced Electrical Grid reliability for each of the
following:
(A) Significant advancement in efficiency for Distributed
Power Prime Movers.
(B) Significant advancement in efficiency for thermally
activated technologies.
(C) Significant advancement in reduction of environmental
impact deploying pollution prevention enabling technologies
(2) The program should include the following areas:
(A) Interconnection standards, protocols, and equipment.
(B) Microturbines.
(C) Fuel cells.
(D) Combined heat and power systems.
(E) Advanced internal combustion engine generators.
(F) Advanced natural gas turbines.
(G) Energy storage devices.
(H) Ancillary equipment for dispatch and control.
(d) Points of Contact.--
(1) In general.--To coordinate and implement the research
and development programs and activities authorized under this
Act--
(A) the Secretary of Energy shall designate, as the
point of contact for the Department of Energy, an
officer of the Department of Energy who has been
appointed by the President and confirmed by the Senate;
and
(B) the Administrator of the Environmental
Protection Agency shall designate, as the point of
contact for the Environmental Protection Agency, an
officer of the Environmental Protection Agency.
(2) Duties.--The point of contact for the Department of
Energy shall have the primary responsibility for coordinating
and overseeing the implementation of the research, development,
and field evaluation program plan. The point of contact for the
Environment Protection Agency shall have the responsibility for
coordinating the Environmental Protection Agency's input to the
research, development and field evaluation of those elements of
the program that impact the directive of the Agency under the
Clean Air Act. The primary point of contact shall be
responsible in arranging cooperative agreements for research,
development and Field evaluation involving respective
departments, national laboratories, universities, industry
research organizations and industry.
(3) Research and development program plan.--Within 120 days
after the date of enactment of this Act, the Secretary of
Energy shall prepare and submit to Congress a 6-year program
plan to guide activities under this Act. In preparing the
program plan, the Secretary shall consult with appropriate
representatives of the DER industry to select and prioritize
appropriate project proposals. The Secretary may also seek the
advice of utilities, energy services providers, manufacturers,
institutions of higher learning, Federal agencies, national
laboratories, State energy officials, State regulatory
officials, environmental organizations, and professional and
technical societies. In order to ensure that technologies are
readily adopted by private entities, the Secretary shall create
cost-sharing programs with private entities.
(e) Implementation.--
(1) Report to congress.--Two years after the enactment of
this Act and at two year intervals thereafter, the Secretary,
jointly with the Administrator of the Environmental Protection
Agency, shall submit a report to Congress describing the
progress made to achieve the purposes of this Act and
identifying any additional resources needed to continue the
rapid development and deployment of DER.
(2) Authorization of appropriations.--
(A) There are authorized to be appropriated to the
Secretary of Energy for carrying out this Act
$236,000,000, for each of the fiscal years 2002 through
2007.
(B) There are authorized to be appropriated to the
Administrator of the Environmental Protection Agency
for carrying out this Act such sums as may be necessary
for each of the fiscal years 2002 through 2007. | Energy Self-Sufficiency Act for the 21st Century - Requires a utility distribution company to interconnect its local utility distribution facilities with, and provide service to, a distributed generation facility, if the facility owner or operator: (1) complies with a final rule promulgated by the Federal Energy Regulatory Commission (FERC) that establishes safety, reliability, and power quality standards for such a facility; and (2) pays the just, reasonable, and non-discriminatory costs directly related to such interconnection and service.Requires FERC to establish an advisory commission to make recommendations regarding promulgation of such a rule.Amends the Internal Revenue Code to extend the energy tax credit to distributed energy resources property placed in service during the taxable year, including distributed power property and combined heat and power system property.Instructs the Secretary of Energy to implement an accelerated cooperative research and development program to ensure reliability, efficiency, and environmental responsibility of Distributed Energy Resources, including: (1) Advanced Energy Technologies and Systems Development; (2) Advanced Grid Reliability Technologies development; and (3) Technology Transfer and Education.Directs the Secretary to develop and submit to Congress a six-year research and development program plan. | To lower energy costs to consumers, increase electric system reliability and provide environmental improvements, through the rapid deployment of distributed energy resources, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women Veterans Health Assessment Act
of 1996''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Health care for veterans has traditionally been
considered in terms of male veterans.
(2) Women constitute nearly 5 percent of the total veteran
population, a percentage that is growing.
(3) There are currently 1,200,000 female veterans in the
United States, a number which is steadily increasing.
SEC. 3. REPORT ON WOMEN'S HEALTH CARE AND RESEARCH.
(a) In General.--Not later than January 1, 1999, the Secretary of
Veterans Affairs shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives a report on the provision of
health care services and the conduct of research carried out by, or
under the jurisdiction of, the Secretary relating to women veterans.
The report shall be prepared through the Center for Women Veterans
established under section 318 of title 38, United States Code, which
shall prepare the report in consultation with the Advisory Committee on
Women Veterans established under section 542 of that title.
(b) Contents.--The report under subsection (a) shall include the
following information:
(1) The number of women veterans who have received general
health care services and the number who have received gender-
specific health care services in facilities under the
jurisdiction of the Secretary (or the Secretary of Defense),
shown by reference to the Department facility which provided
(or, in the case of Department of Defense facilities, arranged
for) those services.
(2) A description of--
(A) the services provided at each such facility;
(B) the type and amount of services provided by
such personnel, including information on the numbers of
inpatient stays and the number of outpatient visits
through which such services were provided; and
(C) the extent to which each such facility relies
on contractual arrangements under section 1703 or 8153
of title 38, United States Code, to furnish care to
women veterans in facilities which are not under the
jurisdiction of the Secretary where the provision of
such care is not furnished in a medical emergency.
(3) The steps taken by each such facility to expand the
provision of services at such facility (or under arrangements
with the Department of Defense facility) to women veterans.
(4) A description of the personnel of the Department who
provided such services to women veterans, including the number
of employees (including both the number of individual employees
and the number of full-time employee equivalents) and the
professional qualifications or specialty training of such
employees and the Department facilities to which such personnel
were assigned.
(5) A description of any actions taken by the Secretary to
ensure the retention of the personnel described in paragraph
(4) and any actions undertaken to recruit such additional
personnel or personnel to replace such personnel.
(6) An assessment by the Secretary of any difficulties
experienced by the Secretary in the furnishing of such services
and the actions taken by the Secretary to resolve such
difficulties.
(7) A description (as of October 1 of the year preceding
the year in which the report is submitted) of the status of any
research relating to women veterans being carried out by or
under the jurisdiction of the Secretary.
(8) A description of the actions taken by the Secretary to
foster and encourage the expansion of such research.
(9) A description of any psychological intimidation of
women veterans who seek health care from the Department,
together with the relative prevalence of diagnosis referred to
as the ``it's all in your head'' syndrome.
(10) A description of the range in ages for women veterans
who seek care at Department medical facilities, together with a
determination as to whether younger women veterans (women in
their fifties) are more likely, or less likely, to seek care at
Department medical facilities than older women veterans (women
in their seventies).
(11) A description of deficiencies relating to patient
privacy for women veterans in Department medical facilities.
(12) A description of any difficulty experienced by the
Secretary in compiling any of the information required for the
submission of such report.
SEC. 4. POPULATION STUDY.
(a) Study.--The Secretary of Veterans Affairs, subject to
subsection (f), shall conduct a study to determine the needs of women
veterans for health care services. The study shall be carried out
through the Center for Women Veterans.
(b) Consultation.--Before carrying out the study, the Secretary
shall request the advice of the Advisory Committee on Women Veterans on
the conduct of the study.
(c) Persons To Be Included in Sample of Veterans Studied.--The
study shall be based on--
(1) an appropriate sample of veterans who are women; and
(2) an examination of the medical and demographic histories
of the women comprising such sample.
(d) Reports.--The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives reports
relating to the study as follows:
(1) Not later than January 1, 1998, an interim report
describing (A) the information and advice obtained by the
Secretary from the Advisory Committee on Women Veterans, and
(B) the status of the study.
(2) Not later than January 1, 2000, a final report
describing the results of the study. | Women Veterans Health Assessment Act of 1996 - Directs the Secretary of Veterans Affairs to report to the congressional veterans' committees on the provision of health care services to, and the conduct of research carried out by the Secretary for, women veterans.
Directs the Secretary to study and report to such committees on the needs of women veterans for health care services. | Women Veterans Health Assessment Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Certificate Act of
2003''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary'') shall establish a program
for the issuance to eligible individuals of health insurance
certificates which may be applied towards the cost of purchasing
qualified health insurance coverage for such individuals and family
members. The issuance of such certificates for any fiscal year is
limited to the amount appropriated under subsection (f) for such fiscal
year.
(b) Eligibility.--
(1) In general.--For purposes of this Act, the terms
``eligible individual'' and ``qualified family member'' mean,
with respect to a month, an adult or family member,
respectively, who--
(A) is a citizen or national of the United States
or an alien permanently residing lawfully in the United
States as of the first day of the month;
(B) is under 65 years of age as of the last day of
the month; and
(C) is not eligible to be covered under public
coverage described in paragraph (3) as of the first day
of the month.
(2) No certificate for covered family members.--
(A) In general.--No certificate shall be issued
under this section to a member of the family of a
principal eligible individual if the family member is
covered under the qualified health insurance coverage
covering the principal eligible individual.
(B) Member of family.--For purposes of this Act,
the term ``member of family'' has the meaning given
such term under section 8901(5) of title 5, United
States Code.
(C) Spouse.--For purposes of this Act, the term
``married'' and ``spouse'' shall have the meaning given
such term for purposes of chapter 89 of title 5, United
States Code.
(D) No duplication.--In no case may the certificate
value of more than one certificate take into account
any member of a family and, with respect to an eligible
individual, no more than 2 member of the individual's
family (other than the spouse of the individual) shall
be taken into account.
(3) Exclusion for those eligible for coverage under public
program.--Subject to paragraph (4), an individual is not an
eligible individual as of the first day of a month if such
individual is eligible to be covered as of such day under any
medical care program described in--
(A) title XVIII, XIX, or XXI of the Social Security
Act;
(B) chapter 55 of title 10, United States Code;
(C) chapter 17 of title 38, United States Code;
(D) chapter 89 of title 5, United States Code; or
(E) the Indian Health Care Improvement Act.
(4) Treatment of cobra continuation coverage.--In the case
of continuation coverage under a group health plan which is
required to be provided by Federal law for an individual during
the period specified in section 602(2) of the Employee
Retirement Income Security Act of 1974, section 4980B(f)(2)(B)
of the Internal Revenue Code of 1986, or section 2202(2) of the
Public Health Service Act, or coverage under chapter 89 of
title 5, United States Code which is required to be provided
under section 8905a of title 5, United States Code, paragraph
(3) shall not apply with respect to such continuation coverage
and the coverage shall be treated as qualified health insurance
coverage.
(c) Health Insurance Certificates.--
(1) In general.--The Secretary shall design health
insurance certificates to be in a form so that, when presented
to the issuer of a qualified health insurance coverage, the
issuer may secure directly from the Secretary the value
specified in the certificate towards the cost of purchasing
such coverage. Once paid, the Secretary may not seek
reimbursement from the issuer if there is a finding that any
relevant information provided by an individual was incorrect. A
certificate is issued with respect to the costs of obtaining
health insurance coverage in a year for a specified eligible
individual (and family members) and may not be used for such
coverage in any other period.
(2) Limitation.--In no case shall the value of the
certificate, as applied with respect to health insurance
coverage, be applied towards an amount that exceeds--
(A) 70 percent of the premium for coverage for the
period involved, or
(B) in the case of a certificate described in
subsection (d)(2), 70 percent of the employee's premium
for coverage under the group health plan involved.
(3) Form of certificate.--A health insurance certificate
for a year shall be valued and paid as follows:
(A) Value.--The value of the certificate for a year
shall be determined based upon a methodology for
determining income specified by the Secretary that is
similar to that applied for purposes of determining
eligibility on the basis of income under needs-based
Federal programs and that may be based on the standards
used under section 1612 for purposes of the
supplemental security income program. Such methodology
under this section may allow for use of both a Federal
methodology and alternate State methodologies where the
Secretary deems appropriate for ease of administration
and coordination of programs. The Secretary may provide
for self-certification of information by individuals
where the Secretary deems appropriate for
administration of the program.
(B) Availability of group health plan coverage.--If
an individual is (for the individual or for the
individual's family members) eligible for coverage
under a group health plan and the premium charged the
individual for such coverage does not exceed 50 percent
of the cost of coverage, such an individual is eligible
only for a certificate under section (d)(2) and not
under subsection (d)(1).
(C) Minimum threshold for issuance of
certificate.--No health insurance certificate shall be
issued under this section where the annualized value of
the certificate is less than $200.
(d) Value of Certificate.--
(1) In general.--The annualized value of a health insurance
certificate for an eligible individual shall be determined as
follows (and applied on a monthly basis based on \1/12\ of such
annualized value):
(A) Unmarried individual with no dependent family
members.--Subject to subparagraph (C)(i), in the case
of an eligible individual who is not married, who has
no dependent family members, who has qualified health
insurance coverage, and whose income--
(i) is $13,000 or less, the annualized
value of the certificate is $1,000; or
(ii) exceeds $13,000, the annualized value
of the certificate be equal to $1,000 minus 15
percent of such amount for every $1000 of the
amount by which such income exceeds $12,001.
(B) Individual with dependent family members.--
Subject to subparagraph (C)(ii), in the case of an
eligible individual who has dependent family members
and who has qualified health insurance coverage that
covers the individual, such family members, or both, if
the family's income--
(i) is $25,000 or less, the annualized
value of the certificate is the sum of--
(I) $1,000, for the individual;
(II) $750, if such a family member
is the individual's spouse; and
(III) $500 for each other family
member, but not to exceed a total of
$1,000 under this subclause; or
(ii) exceeds $25,000, the annualized value
of the certificate shall be the amount
determined under clause (i) minus 10 percent of
such amount for each $1,000 by which such
income exceeds $24,001.
Each of two eligible individuals who are married to
each other may receive the appropriate amount
designated for an individual, as opposed to the amount
designated for a spouse, where they choose separate
insurance coverage.
(C) Application of assets test.--
(i) Self only coverage.--In the case of an
individual described in clause (i) or (ii) of
subparagraph (A) whose resources (as determined
under a methodology that is similar to the
methodology under section 1613 for purposes of
the supplemental security income program)
exceed $12,500, the annualized value of the
certificate shall be 0.
(ii) Self and family coverage.--In the case
of an individual described in clause (i) or
(ii) of subparagraph (B) whose family resources
(as determined under a methodology that is
similar to the methodology under section 1613
for purposes of the supplemental security
income program) exceed $20,000, the annualized
value of the certificate shall be 0.
(D) Rounding.--Any amount determined under
subparagraph (A) or (B) which is not a multiple of $12
shall be rounded to the next lowest $12.
(2) Certificates for use in group health plans.--In the
case of an eligible individual who is covered under a group
health plan--
(A) subparagraph (C) of subsection (b)(1) shall not
apply;
(B) the exclusion with respect to such coverage
under subsection (e)(2)(C) shall not apply;
(C) the value of the certificate shall be 40
percent of the value determined otherwise determined
under paragraph (1) (before the application of
subparagraph (D) thereof); and
(D) certificates under this paragraph may be used
for qualified health insurance under any group health
plan available to any family member by virtue of that
member's employment status.
(e) Qualified Health Insurance Coverage.--For purposes of this
section--
(1) In general.--The term ``qualified health insurance
coverage'' means health benefits coverage (including individual
health insurance coverage or coverage through a State high risk
pool) that is creditable coverage (as defined in section
2701(c)(1) of the Public Health Service Act), which does not
consist entirely of excepted benefits (as defined in section
2791(c) of such Act).
(2) Exception.--The term `qualified health insurance
coverage' does not include--
(A) a flexible spending or similar arrangement;
(B) any insurance if substantially all of its
coverage is of excepted benefits described in section
9832(c) of the Internal Revenue Code of 1986;
(C) except as provided in subsection (d)(2),
insurance provided through any group health plan
related to employment, other than COBRA continuation
coverage; or
(D) any medical program described in section
2(b)(3).
(f) Authorization of Appropriations.--To carry out this section and
section 2745 of the Public Health Service Act (as amended by section
3), there are authorized to be appropriated such sums as may be
necessary not to exceed--
(1) $28,457,000,000 for the period of fiscal years 2004
through 2008; and
(2) $49,965,000,000 for the period of fiscal years 2004
through 2013.
SEC. 3. EXTENSION OF FUNDING FOR OPERATION OF STATE HIGH RISK HEALTH
INSURANCE POOLS.
Section 2745 of the Public Health Service Act, as inserted by
section 201 of the Trade Act of 2002 (Public Law 107-210), is amended--
(1) in subsection (b)(1), by striking ``established a
qualified health risk pool that'' and all that follows through
the end of subparagraph (C) and inserting ``established a
qualified health risk pool that provides for premium rates and
covered benefits for such coverage consistent with standards
included in the NAIC Model Health Plan for Uninsurable
Individuals'';
(2) in subsection (b)(2), by striking ``number of uninsured
individuals'' and inserting ``enrollees in qualified high risk
pools''; and
(3) in subsection (c)(2), by striking ``$40,000,000 for
each of fiscal years 2003 and 2004'' and inserting
``$40,000,000 for fiscal year 2003 and, subject to availability
of funds under section 2(f) of the Health Insurance Certificate
Act of 2003, $75,000,000 for each of fiscal years 2004 through
2009''. | Health Insurance Certificate Act of 2003 - Directs the Secretary of Health and Human Services to establish a program for the issuance to eligible individuals of health insurance certificates to be applied towards the cost of qualified health insurance coverage for such individuals and family members. Declares that no certificate shall be issued to a family member who is covered under the eligible individual's qualified health insurance coverage. Prohibits more than one certificate from being used for any one person. States that a certificate may be used for a spouse and up to two other family members.
Excludes an individual from counting as an eligible individual if such individual is eligible to be covered under any of specified medical programs (not counting Cobra continuation coverage).
Declares that in no case shall the value of a certificate be applied towards an amount that exceeds 70 percent of the premium for coverage for a given period or 70 percent of an employee's premium for coverage under a group health plan.
Sets forth procedures for calculating the value of certificates. Sets forth rules to cover certificates used to purchase coverage in group health plans.
Amends the Public Health Service Act to extend funding for the operation of State high risk health insurance pools. | To provide for a system of health insurance certificates to increase the number of Americans with health insurance coverage. |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Military Pain Care
Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Pain care initiative in military health care facilities.
Sec. 4. Pain care standards in TRICARE plans.
Sec. 5. Report of Comptroller General.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Acute and chronic pain are prevalent conditions among
active duty and retired military personnel.
(2) Characteristics of modern warfare, including the use of
improvised explosive devices, produce substantial numbers of
battlefield casualties with significant damage to both the
central and peripheral nervous systems.
(3) The successes of military health care both on and off
the battlefield result in high survival rates of severely
injured military personnel who will be afflicted with
significant pain disorders on either an acute or chronic basis.
(4) Failure to treat acute pain promptly and appropriately
at the time of injury, during initial medical and surgical
care, and at the time of transition to community-based care,
contributes to the development of long-term chronic pain
syndromes, in some cases accompanied by long-term mental health
and substance abuse disorders.
(5) Pain is a leading cause of short- and long-term
disability among military personnel.
(6) The military health care systems have implemented
important pain care programs at some facilities and in some
areas, but comprehensive pain care is not consistently provided
on a uniform basis throughout the systems to all patients in
need of such care.
(7) Inconsistent and ineffective pain care leads to pain-
related impairments, occupational disability, and medical and
mental complications with long-term costs for the military
health and disability systems, and for society at large.
(8) Research, diagnosis, treatment, and management of acute
and chronic pain in the active duty and retired military
populations constitute health care priorities of the United
States.
SEC. 3. PAIN CARE INITIATIVE IN MILITARY HEALTH CARE FACILITIES.
(a) Requirement.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1110a. Pain care
``(a) Pain Care Initiative Requirement.--The Secretary of Defense,
in coordination with the Secretary of Veterans Affairs, the Secretary
of Health and Human Services, and the Surgeon General of the United
States, shall develop and implement a pain care initiative in all
health care facilities of the uniformed services.
``(b) Matters Covered.--(1) The initiative shall be designed to
ensure that all active and retired members of the uniformed services
and their dependents receiving treatment in health care facilities of
the uniformed services--
``(A) are assessed for pain at the time of admission or
initial treatment, and periodically thereafter, using a
professionally recognized pain assessment tool or process; and
``(B) receive appropriate pain care consistent with
recognized means for assessment, diagnosis, treatment and
management of acute and chronic pain, including, in appropriate
cases, access to specialty pain management services.
``(2) The initiative shall include the training and deployment of
acute pain personnel and services at all Level III care facilities,
and, to the extent feasible, on the battlefield.
``(c) Implementation.--The Secretary of Defense shall implement the
pain care initiative--
``(1) in the case of inpatient care, not later than 12
months after the date of the enactment of this section; and
``(2) in the case of outpatient care, not later than 18
months after the date of the enactment of this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1110a. Pain care.''.
(b) Report.--Not later than nine months after the date of the
enactment of this Act, the administering Secretaries (as defined in
section 1072(3) of title 10, United States Code), shall submit to the
congressional defense committees a report on the status of the
development and implementation of the pain care initiative required
under section 1110a of title 10, United States Code, as added by
subsection (a).
SEC. 4. PAIN CARE STANDARDS IN TRICARE PLANS.
(a) In General.--Section 1097 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(f) Pain Care Standards.--(1) Any contract entered into under
this section shall include the provision of appropriate care for the
treatment of patients in pain that--
``(A) is consistent with recognized means for assessment,
diagnosis, treatment, and management of acute and chronic pain;
``(B) includes evaluation and treatment of accompanying
illnesses, including depression, other mental health disorders,
sleep disturbance, and substance abuse;
``(C) provides medical and other health services through
physicians and other practitioners appropriately credentialed
or experienced in pain management;
``(D) provides for referral of patients with chronic pain
to specialists, and, in appropriate cases, to a comprehensive
multidisciplinary pain management program;
``(E) continues treatment for as long as treatment is
required to maximize the quality of life and functional
capacity of the patient; and
``(F) permits physicians and other practitioners
appropriately credentialed or experienced in pain management to
make clinical decisions with respect to the need for and the
extent and duration of pain care services.
``(2) In this subsection:
``(A) The term `chronic pain' means severe, persistent, or
recurrent pain, regardless of causation or body location, that
interferes with the activities of daily living, and has not
been significantly reduced or ameliorated despite reasonable
treatment efforts.
``(B) The term `comprehensive multidisciplinary pain
management program' means an inpatient or outpatient health
care facility or program that--
``(i) provides at least medical, nursing, mental
health, and rehabilitation services through licensed
health care professionals;
``(ii) provides or arranges for the provision of
inpatient and outpatient hospital and rehabilitation
facility services, drugs, devices, and other items and
services required for the treatment of chronic pain;
``(iii) provides ongoing patient and professional
education for pain management;
``(iv) is accredited as a comprehensive pain
management program by an accrediting organization
approved by the Secretary, including the Joint
Commission on the Accreditation of Health Care
Organizations or the Rehabilitation Accreditation
Commission; and
``(v) is directed by one or more physicians
credentialed in pain management (or, in appropriate
cases, dentistry) by a board or boards approved by the
Secretary, which shall include the American Board of
Pain Medicine and boards recognized by the American
Board of Medical Specialties.
``(3) Compliance.--A contractor may comply with the requirements
set forth in this subsection by providing care through its own network
of participating providers, or under arrangement with out-of-network
providers, but in no event may a contractor impose higher costs on its
enrollees in the form of deductibles, copayments, premiums, or
otherwise, in the event appropriate pain care in accordance with the
standards set forth in this subsection is provided out-of-network.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to contracts entered into on or after the date occurring one year
after the date of the enactment of this Act.
SEC. 5. REPORT OF COMPTROLLER GENERAL.
(a) Report.--The Comptroller General shall conduct a study of, and
deliver to the congressional defense committees not later than six
months after the date of the enactment of this Act a report on, the
adequacy of pain care in the health care facilities, services, and
programs of the Department of Defense.
(b) Purposes.--The purposes of the study and report shall be to
evaluate the consistency, across programs, facilities, relevant
demographic groups, and geographic regions, with which--
(1) patients are initially assessed and periodically
reassessed for pain;
(2) both acute and chronic pain are promptly and
appropriately diagnosed, treated, and managed;
(3) patients and their families or other caregivers are
included as active participants in pain management;
(4) pain care is provided in a comprehensive and
interdisciplinary manner where appropriate; and
(5) health care professionals in military facilities are
adequately trained in pain management.
(c) Authorization of Appropriations.--For purposes of carrying out
this section, there is authorized to be appropriated such sums as may
be necessary for fiscal years 2009 through 2011. | Military Pain Care Act of 2008 - Directs the Secretaries of Defense, Veterans Affairs, and Health and Human Services and the Surgeon General of the United States to develop and implement a pain care initiative in all military health care facilities. Requires the initiative to ensure that all active and retired military personnel and dependents receiving treatment in military health care facilities: (1) are assessed for pain at the time of admission or initial treatment, and periodically thereafter, using a professionally recognized pain assessment tool or process; and (2) receive appropriate pain care consistent with recognized means for assessment, diagnosis, treatment, and management of acute and chronic pain, including, as appropriate, access to specialty pain management services.
Requires: (1) Department of Defense (DOD) contracts for medical care for military retirees, dependents, and survivors to include the provision of appropriate care for the treatment of pain; and (2) a Comptroller General study on the adequacy of pain care in DOD health care facilities, services, and programs. | To require the Department of Defense to implement a pain care initiative, and for other purposes. |
SECTION 1. UPDATED OR NEW MOTOR VEHICLE SAFETY STANDARDS FOR HIGHLY
AUTOMATED VEHICLES.
(a) Amendment.--Chapter 301 of subtitle VI of title 49, United
States Code, is amended by inserting after section 30128 the following
new section:
``Sec. 30129. Updated or new motor vehicle safety standards for highly
automated vehicles
``(a) Safety Assessment Certification.--
``(1) Final rule.--Not later than 24 months after the date
of the enactment of this section, the Secretary of
Transportation shall issue a final rule requiring the
submission of safety assessment certifications regarding how
safety is being addressed by each entity developing a highly
automated vehicle or an automated driving system. Such rule
shall include--
``(A) a specification of which entities are
required to submit such certifications;
``(B) a clear description of the relevant test
results, data, and other contents required to be
submitted by such entity, in order to demonstrate that
such entity's vehicles are likely to maintain safety,
and function as intended and contain fail safe
features, to be included in such certifications; and
``(C) a specification of the circumstances under
which such certifications are required to be updated or
resubmitted.
``(2) Interim requirement.--Until the final rule issued
under paragraph (1) takes effect, safety assessment letters
shall be submitted to the National Highway Traffic Safety
Administration as contemplated by the Federal Automated
Vehicles Policy issued in September 2016, or any successor
guidance issued on highly automated vehicles requiring a safety
assessment letter.
``(3) Periodic review and updating.--Not later than 5 years
after the date on which the final rule is issued under
paragraph (1), and not less frequently than every 5 years
thereafter, the Secretary shall--
``(A) review such rule; and
``(B) update such rule if the Secretary considers
it necessary.
``(4) Rules of construction.--
``(A) No conditions on deployment.--Nothing in this
subsection may be construed to limit or affect the
Secretary's authority under any other provision of law.
The Secretary may not condition deployment or testing
of highly automated vehicles on review of safety
assessment certifications.
``(B) No new authorities.--No new authorities are
granted to the Secretary under this section other than
the promulgation of the rule pursuant to paragraph (1).
``(b) Review and Research.--To accommodate the development and
deployment of highly automated vehicles and to ensure the safety and
security of highly automated vehicles and motor vehicles and others
that will share the roads with highly automated vehicles, not later
than 180 days after the date of the enactment of this section, the
Secretary shall--
``(1) initiate or continue a review of the Federal motor
vehicle safety standards in effect on such date of enactment;
and
``(2) initiate or continue research regarding new Federal
motor vehicle safety standards.
``(c) Rulemaking and Safety Priority Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall make available
to the public and submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
rulemaking and safety priority plan, as necessary to
accommodate the development and deployment of highly automated
vehicles and to ensure the safety and security of highly
automated vehicles and motor vehicles and others that will
share the roads with highly automated vehicles, to--
``(A) update the motor vehicle safety standards in
effect on such date of enactment;
``(B) issue new motor vehicle safety standards; and
``(C) consider how objective ranges in performance
standards could be used to test motor vehicle safety
standards, which safety standards would be appropriate
for such testing, and whether additional authority
would facilitate such testing.
``(2) Inclusion of priorities.--
``(A) Priorities.--The plan required by paragraph
(1) shall detail the overall priorities of the National
Highway Traffic Safety Administration for the 5 years
following the issuance of the plan, including both
priorities with respect to highly automated vehicles
and priorities with respect to other safety initiatives
of the Administration, in order to meet the Nation's
motor vehicle safety challenges.
``(B) Identification of elements that may require
standards.--For highly automated vehicles, the National
Highway Traffic Safety Administration should identify
elements that may require performance standards
including human machine interface and sensors and
actuators, and consider process and procedure standards
for software and cybersecurity as necessary.
``(3) Periodic updating.--The plan required by paragraph
(1) shall be updated every 2 years, or more frequently if the
Secretary considers it necessary.
``(d) Rulemaking Proceedings on Updated or New Motor Vehicle Safety
Standards.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall initiate the
first rulemaking proceeding in accordance with the rulemaking
and safety priority plan required by subsection (c).
``(2) Prioritization of subsequent proceedings.--The
Secretary shall continue initiating rulemaking proceedings in
accordance with such plan. The Secretary may change at any time
those priorities to address matters the Secretary considers of
greater priority. If the Secretary makes such a change, the
Secretary shall complete an interim update of the priority
plan, make such update available to the public, and submit such
update to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.''.
(b) Clerical Amendment.--The analysis for chapter 301 of subtitle
VI of title 49, United States Code, is amended by inserting after the
item relating to section 30128 the following new item:
``30129. Updated or new motor vehicle safety standards for
highly automated vehicles.''.
(c) Definitions.--Section 30102 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (13) as
paragraphs (2), (3), (4), (5), (8), (9), (10), (11),
(12), (13), (15), (16), and (17), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) `automated driving system' means the hardware and
software that are collectively capable of performing the entire
dynamic driving task on a sustained basis, regardless of
whether such system is limited to a specific operational design
domain.'';
(C) by inserting after paragraph (5) (as so
redesignated) the following:
``(6) `dynamic driving task' means all of the real time
operational and tactical functions required to operate a
vehicle in on-road traffic, excluding the strategic functions
such as trip scheduling and selection of destinations and
waypoints, and including--
``(A) lateral vehicle motion control via steering;
``(B) longitudinal vehicle motion control via
acceleration and deceleration;
``(C) monitoring the driving environment via object
and event detection, recognition, classification, and
response preparation;
``(D) object and event response execution;
``(E) maneuver planning; and
``(F) enhancing conspicuity via lighting,
signaling, and gesturing.
``(7) `highly automated vehicle'--
``(A) means a motor vehicle equipped with an
automated driving system; and
``(B) does not include a commercial motor vehicle
(as defined in section 31101).''; and
(D) by inserting after paragraph (13) (as so
redesignated) the following:
``(14) `operational design domain' means the specific
conditions under which a given driving automation system or
feature thereof is designed to function.''; and
(2) by adding at the end the following:
``(c) Revisions to Certain Definitions.--
``(1) If SAE International (or its successor organization)
revises the definition of any of the terms defined in paragraph
(1), (6), or (14) of subsection (a) in Recommended Practice
Report J3016, it shall notify the Secretary of the revision.
The Secretary shall publish a notice in the Federal Register to
inform the public of the new definition unless, within 90 days
after receiving notice of the new definition and after opening
a period for public comment on the new definition, the
Secretary notifies SAE International (or its successor
organization) that the Secretary has determined that the new
definition does not meet the need for motor vehicle safety, or
is otherwise inconsistent with the purposes of this chapter. If
the Secretary so notifies SAE International (or its successor
organization), the existing definition in subsection (a) shall
remain in effect.
``(2) If the Secretary does not reject a definition revised
by SAE International (or its successor organization) as
described in paragraph (1), the Secretary shall promptly make
any conforming amendments to the regulations and standards of
the Secretary that are necessary. The revised definition shall
apply for purposes of this chapter. The requirements of section
553 of title 5 shall not apply to the making of any such
conforming amendments.
``(3) Pursuant to section 553 of title 5, the Secretary may
update any of the definitions in paragraph (1), (6), or (14) of
subsection (a) if the Secretary determines that materially
changed circumstances regarding highly automated vehicles have
impacted motor vehicle safety such that the definitions need to
be updated to reflect such circumstances.''.
SEC. 2. HEADLAMPS.
(a) Safety Research Initiative.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Transportation shall
complete research into the development of updated motor vehicle safety
standards or performance requirements for motor vehicle headlamps that
would improve the performance of headlamps and improve overall safety.
(b) Rulemaking or Report.--
(1) Rulemaking.--After the completion of the research
required by subsection (a), the Secretary shall initiate a
rulemaking proceeding to revise the motor vehicle safety
standards regarding headlamps if the Secretary determines that
a revision of the standards meets the requirements and
considerations set forth in subsections (a) and (b) of section
30111 of title 49, United States Code.
(2) Report.--If the Secretary determines that a revision to
the standard described in paragraph (1) does not meet the
requirements and considerations set forth in such subsections,
the Secretary shall submit a report describing the reasons for
not revising the standard to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate. | This bill directs the Department of Transportation (DOT) to issue a final rule requiring the submission of safety assessment certifications for highly automated vehicles or automated driving systems. DOT shall make available to the public and submit to Congress a rulemaking and safety priority plan to accommodate the development and deployment of highly automated vehicles and to ensure their safety and security. DOT shall: (1) initiate the first rulemaking proceeding for the rulemaking and safety priority plan within 18 months of this bill's enactment, and (2) complete research into the development of updated safety standards or performance requirements for motor vehicle headlamps within two years. | To amend chapter 301 of subtitle VI of title 49, United States Code, to update or provide new motor vehicle safety standards for highly automated vehicles, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Mental Health
Civil Commitment Modernization Act of 2004''.
SEC. 2. COMPOSITION, APPOINTMENT, AND ORGANIZATION OF COMMISSION ON
MENTAL HEALTH.
(a) In General.--Section 21-502, District of Columbia Official
Code, is amended to read as follows:
``Sec. 21-502. Commission on Mental Health; composition; appointment
and terms of members; organization; chairperson; salaries
``(a) The Commission on Mental Health is continued. The Chief Judge
of the Superior Court of the District of Columbia shall appoint the
members of the Commission, and the Commission shall be composed of 9
members and an alternate chairperson. One member shall be a magistrate
judge of the Court appointed pursuant to title 11, District of Columbia
Official Code, who shall be a member of the bar of the Court and has
engaged in active practice of law in the District of Columbia for a
period of at least 5 years prior to his or her appointment. The
magistrate judge shall be the Chairperson of the Commission and act as
the administrative head of the Commission. The Chairperson shall
preside at all hearings and direct all of the proceedings before the
Commission. Eight members of the Commission shall be psychiatrists or
qualified psychologists, as those terms are defined in section 21-501,
who have not had less than 5 years of experience in the diagnosis and
treatment of mental illness.
``(b)(1) Appointment of members of the Commission shall be for
terms of 4 years.
``(2) The initial appointment of a psychiatrist or a qualified
psychologist shall be for a probationary period of one year. After the
initial one-year probationary appointment, subsequent appointments of
the psychiatrist or qualified psychologist shall be for terms of 4
years.
``(c) The psychiatrist or qualified psychologist members of the
Commission shall serve on a part-time basis and shall be rotated by
assignment of the Chief Judge of the Court, so that at any one time the
Commission shall consist of the Chairperson and 2 members, each of whom
is either a psychiatrist or a qualified psychologist. Members of the
Commission who are psychiatrists or qualified psychologists may
practice their professions during their tenures of office, but may not
participate in the disposition of a case of a person in which they have
rendered professional service or advice.
``(d) The Chief Judge of the Court shall appoint a magistrate judge
of the Court to serve as an alternate Chairperson of the Commission.
The alternate Chairperson shall serve on a part time basis and act as
Chairperson in the absence of the permanent Chairperson.
``(e) The rate of compensation for the members of the Commission
who are psychiatrists or qualified psychologists shall be fixed by the
Executive Officer of the Court.''.
(b) Clerical Amendment.--The item relating to section 21-502 in the
table of sections for subchapter I of chapter 5 of title 21, District
of Columbia Official Code, is amended to read as follows:
``21-502. Commission on Mental Health; composition; appointment and
terms of members; organization; chairperson; salaries.''.
(c) Effective Date; Transition for Current Members.--The amendments
made by this section shall take effect on the date of the enactment of
this Act, except nothing in this section or the amendments made by this
section may be construed to affect the appointment or term of service
of any individual who serves as a member or alternate member of the
Commission on Mental Health (including an individual who serves as the
Chairperson or alternate Chairperson of the Commission) on such date.
SEC. 3. COMMISSION MEMBERS DEEMED COMPETENT AND COMPELLABLE WITNESSES
AT MENTAL HEALTH PROCEEDINGS.
Section 21-503(b), District of Columbia Official Code, is amended
by striking ``The Commission, or any of the members thereof,'' and
inserting ``Commission members who are psychiatrists or qualified
psychologists''.
SEC. 4. DETENTION FOR EMERGENCY OBSERVATION AND DIAGNOSIS.
Section 21-526, District of Columbia Official Code, is amended by
adding at the end the following new subsections:
``(c) The maximum period of time for detention for emergency
observation and diagnosis may be extended for up to 21 days, if
judicial proceedings under subchapter IV of this chapter have been
commenced before the expiration of the order entered under section 21-
524 and a psychiatrist or qualified psychologist has examined the
person who is the subject of the judicial proceedings and is of the
opinion that the person being detained remains mentally ill and is
likely to injure himself or others as a result of the illness unless
the emergency detention is continued. For good cause shown, the Court
may extend the period of detention for emergency observation and
diagnosis. The period of detention for emergency observation and
diagnosis may be extended pursuant to section 21-543(b) or following a
hearing before the Commission pursuant to subsections (d) and (e) of
this section.
``(d) If the Commission, at the conclusion of its hearing pursuant
to section 21-542, has found that the person with respect to whom the
hearing was held is mentally ill and, because of the mental illness, is
likely to injure himself or others if not committed, and has concluded
that a recommendation of inpatient commitment is the least restrictive
alternative available to prevent the person from injuring himself or
others, the detention for emergency observation and diagnosis may be
continued by the Department or hospital--
``(1) pending the conclusion of judicial proceedings under
subchapter IV of this chapter;
``(2) until the Court enters an order discharging the person;
or
``(3) until the Department or hospital determines that
continued hospitalization is no longer the least restrictive form
of treatment appropriate for the person being detained.
``(e) If the Commission, at the conclusion of its hearing, finds
that the person is mentally ill, is likely to injure himself or other
persons as a result of mental illness if not committed, and that
outpatient treatment is the least restrictive form of commitment
appropriate, then, within 14 days of the date of the hearing, the
person shall be discharged from inpatient status and shall receive
outpatient mental health services or mental health supports as an
emergency nonvoluntary patient consistent with this subchapter, pending
the conclusion of judicial proceedings under subchapter IV of this
chapter.''.
SEC. 5. REPRESENTATION BY COUNSEL OF PERSONS ALLEGED TO BE MENTALLY
ILL.
Section 21-543, District of Columbia Official Code, is amended--
(1) in subsection (a) (as redesignated by section 2(r)(1) of
the Mental Health Civil Commitment Act of 2002), by striking the
last sentence; and
(2) by adding at the end the following new subsection:
``(b) The Commission may not grant a continuance for counsel to
prepare his case for more than 5 days. The Commission may grant
continuances for good cause shown for periods of up to 14 days. If the
Commission grants a continuance, the emergency observation and
detention of the person about whom the hearing is being held shall be
extended for the duration of the continuance.''.
SEC. 6. HEARING AND DETERMINATION ON QUESTION OF MENTAL ILLNESS.
(a) In General.--Section 21-545, District of Columbia Official
Code, is amended--
(1) in subsection (a), by striking ``jury trial'' each place it
appears and inserting ``jury trial or a trial by the Court'';
(2) by amending subsection (b) to read as follows:
``(b)(1) If the Court or jury finds that the person is not mentally
ill or is not likely to injure himself or others as a result of mental
illness, the Court shall dismiss the petition and order the person's
release.
``(2) If the Court or jury finds that the person is mentally ill
and, because of that mental illness, is likely to injure himself or
others if not committed, the Court may order the person's commitment to
the Department or to any other facility, hospital, or mental health
provider that the Court believes is the least restrictive alternative
consistent with the best interests of the person and the public. An
order of commitment issued pursuant to this paragraph shall be for a
period of one year.''; and
(3) by adding at the end the following new subsections:
``(c) The psychiatrists and qualified psychologists who are members
of the Commission shall be competent and compellable witnesses at a
hearing or trial held pursuant to this chapter.
``(d) The jury to be used in any case where a jury trial is
demanded under this chapter shall be impaneled, upon order of the
Court, from the jurors in attendance upon other branches of the Court,
who shall perform the services in addition to and as part of their
duties in the Court.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to trials under section 21-545, District of Columbia
Code, which are initiated on or after the date of the enactment of this
Act.
SEC. 7. RENEWAL OF COMMITMENT STATUS BY COMMISSION.
(a) In General.--Subchapter IV of chapter 5 of title 21, District
of Columbia Official Code, is amended by inserting after section 21-545
the following new section:
``Sec. 21-545.01. Renewal of commitment status by commission; review by
Court
``(a) At least 60 days prior to the expiration of an order of
commitment issued pursuant to section 21-545 or this section, the chief
clinical officer of the Department, or the chief of service of the
facility, hospital, or mental health provider to which the person is
committed may petition the Commission for a renewal of the order of
commitment for that person. For good cause shown, a petition of
commitment may be filed within the last 60 days of the one-year period
of commitment. The petition for renewal of commitment shall be
supported by a certificate of a psychiatrist or qualified psychologist
stating that he has examined the person and is of the opinion that the
person is mentally ill, and, because of the illness, is likely to
injure himself or other persons if not committed. The term of the
renewed commitment order shall not exceed one year.
``(b) Within 3 days of the filing of a petition under subsection
(a) of this section, the Commission shall send a copy of the petition
and supporting certificate by registered mail to the person with
respect to whom the petition was filed and by regular mail to the
person's attorney.
``(c) The Commission shall promptly examine a person for whom a
petition is filed under subsection (a) of this section, and, in
accordance with the procedures described in sections 21-542 and 21-543,
shall thereafter promptly hold a hearing on the issue of the person's
mental illness and whether, as a result of a mental illness, the person
is likely to injure himself or other persons if not committed.
``(d) If the Commission finds, after a hearing under subsection (c)
of this section, that the person with respect to whom the hearing was
held is no longer mentally ill, or is not mentally ill to the extent
that the person is likely to injure himself or other persons if not
committed, the Commission shall immediately order the termination of
the commitment and notify the Court of that fact in writing.
``(e) If the Commission finds, after a hearing under subsection (c)
of this section, that the person with respect to whom the hearing was
held remains mentally ill to the extent that the person is likely to
injure himself or others if not committed, the Commission shall order
the renewal of the commitment of the person for an additional term not
to exceed one year and shall promptly report that fact, in writing, to
the Court. The report shall contain the Commission's findings of fact
and conclusions of law. A copy of the report shall be served by
registered mail on the person with respect to whom the hearing was held
and by mail on the person's attorney.
``(f) If a petition for a renewal of an order of commitment is
pending at the expiration of the commitment period ordered under
section 21-545 or this section, the Court may, for good cause shown,
extend the period of commitment pending resolution of the renewal
petition.
``(g) Within the last 30 days of the period of commitment, the
chief clinical officer of the Department, or the chief of service of
the facility, hospital, or mental health provider to which a person is
committed, shall notify the Court which ordered the person's commitment
pursuant to section 21-545 or this section of the decision not to seek
renewal of commitment. Notice to the Court shall be in writing and a
copy of the notice shall be mailed to the person who was committed and
the person's attorney.
``(h)(1) A person for whom the Commission orders renewed commitment
pursuant to subsection (e) of this section may seek a review of the
Commission's order by the Superior Court of the District of Columbia,
and the Commission, orally and in writing, shall advise the person of
this right.
``(2) A review of the Commission's order of renewed commitment, in
whole or in part, may be made by a judge of the appropriate division
sua sponte and shall be made upon a motion of one of the parties made
pursuant to procedures established by rules of the Court. The reviewing
judge shall conduct such proceedings as required by the rules of the
Court.
``(3) An appeal to the District of Columbia Court of Appeals may be
made only after a judge of the Court has reviewed the Commission's
order of renewed commitment.''.
(b) Clerical Amendment.--The table of sections of subchapter IV of
chapter 5 of title 21, District of Columbia Official Code, is amended
by inserting after the item relating to section 21-545 the following:
``21-545.01. Renewal of commitment status by Commission; review by
Court.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | District of Columbia Mental Health Civil Commitment Modernization Act of 2004 - (Sec. 2) Amends the District of Columbia Code to modify the composition of, appointment to, and organization of the Commission on Mental Health.
(Sec. 3) Limits to Commission members who are psychiatrists or qualified psychologists (currently, the Commission or any of its members) the competency to be witnesses at any mental health proceeding.
(Sec. 4) Authorizes Superior Court extension for up to 21 days, under certain conditions, of the period for which an individual may be detained for emergency observation and diagnosis in a facility, hospital, or mental health provider.
(Sec. 5) Authorizes the Commission to grant a continuance of up to 14 days beyond the current allowed recess of five days for the counsel of persons alleged to be mentally ill to prepare a case. Requires extension of the emergency observation and detention period for the subject of the hearing for the duration of the continuance.
(Sec. 6) Revises procedures on hearings and determination of mental illness. Limits to the least restrictive alternative the kind of facility to which a Court may order a person's commitment, consistent with the best interests of the person and the public.
(Sec. 7) Authorizes a one-year renewal of commitment status by the Commission, subject to judicial review, of a person in a facility, hospital, or mental health provider. | To amend title 21, District of Columbia Official Code, to enact the provisions of the Mental Health Civil Commitment Act of 2002 which affect the Commission on Mental Health and require action by Congress in order to take effect. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Humboldt Project Conveyance Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Nevada.
(3) PCWCD.--The term ``PCWCD'' means the Pershing County
Water Conservation District, a public entity organized under
the laws of the State of Nevada.
(4) Pershing county.--The term ``Pershing County'' means
the Pershing County government, a political subunit of the
State of Nevada.
(5) Lander county.--The term ``Lander County'' means the
Lander County government, a political subunit of the State of
Nevada.
SEC. 3. AUTHORITY TO CONVEY TITLE.
(a) In General.--The Secretary shall, as soon as practicable after
the date of enactment of this Act, convey, all right, title, and
interest in and to the lands and features of the Humboldt Project,
including all water rights for storage and diversion, to PCWCD, the
State, Pershing County, and Lander County, consistent with the terms
and conditions set forth in the Memorandum of Agreement between PCWCD
and Lander County dated January 24, 2000, the Conceptual Agreement
between PCWCD and the State dated October 18, 2001, and the Letter of
Agreement between Pershing County and the State dated April 16, 2002.
(b) Compliance With Agreements.--All parties to the conveyance
under subsection (a) shall comply with the terms and conditions of the
agreements cited in subsection (a).
(c) Report.--If the conveyance required by this section has not
been completed within 18 months after the date of enactment of this
Act, the Secretary shall submit a report to the Committee on Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate that describes--
(1) the status of the conveyance;
(2) any obstacles to completion of the conveyance; and
(3) the anticipated date for completion of the conveyance.
SEC. 4. PAYMENT.
(a) In General.--As consideration for any conveyance required by
section 3, PCWCD shall pay to the United States the net present value
of miscellaneous revenues associated with the lands and facilities to
be conveyed.
(b) Withdrawn Lands.--As consideration for any conveyance of
withdrawn lands required by section 3, the entity receiving title shall
pay the United States (in addition to amounts paid under subsection
(a)) the fair market value for any such lands conveyed that were
withdrawn from the public domain pursuant to the Secretarial Orders
dated March 16, 1934, and April 6, 1956.
(c) Administrative Costs.--Administrative costs for conveyance of
any land or facility under this Act shall be paid in equal shares by
the Secretary and the entity receiving title to the land or facility,
except costs identified in subsections (d) and (e).
(d) Real Estate Transfer Costs.--As a condition of any conveyance
of any land or facility required by section 3, costs of all boundary
surveys, title searches, cadastral surveys, appraisals, and other real
estate transactions required for the conveyance shall be paid by the
entity receiving title to the land or facility.
(e) NEPA Costs.--Costs associated with any review required under
the National Environmental Policy Act of 1969 for conveyance of any
land or facility under section 3 shall be paid in equal shares by the
Secretary and the entity receiving title to the land or facility.
(f) State of Nevada.--The State shall not be responsible for any
payments for land or facilities under this section. Any proposal by the
State to reconvey to another entity land conveyed by the Secretary
under this Act shall be pursuant to an agreement with the Secretary
providing for fair market value to the United States for the lands, and
for continued management of the lands for recreation, wildlife habitat,
wetlands, or resource conservation.
SEC. 5. COMPLIANCE WITH OTHER LAWS.
Following the conveyance required by section 3, the district, the
State, Pershing County, and Lander County shall, with respect to the
interests conveyed, comply with all requirements of Federal, State, and
local law applicable to non-Federal water distribution systems.
SEC. 6. REVOCATION OF WITHDRAWALS.
Effective on the date of the conveyance required by section 3, the
Secretarial Orders dated March 16, 1934, and April 6, 1956, that
withdrew public lands for the Rye Patch Reservoir and the Humboldt
Sink, are hereby revoked.
SEC. 7. LIABILITY.
Effective on the date of the conveyance required by section 3, the
United States shall not be held liable by any court for damages of any
kind arising out of any act, omission, or occurrence relating to the
Humboldt Project, except for damages caused by acts of negligence
committed by the United States or by its employees or agents prior to
the date of conveyance. Nothing in this section shall be considered to
increase the liability of the United States beyond that currently
provided in chapter 171 of title 28, United States Code, popularly
known as the Federal Tort Claims Act.
SEC. 8. NATIONAL ENVIRONMENTAL POLICY ACT.
Prior to conveyance the Secretary shall complete all actions as may
be required under the National Environmental Policy Act of 1969 (U.S.C.
4321 et seq.).
SEC. 9. FUTURE BENEFITS.
Upon conveyance of the lands and facilities by the Secretary under
this Act, the Humboldt Project shall no longer be a Federal reclamation
project and the district shall not be entitled to receive any future
reclamation benefits with respect to that project, except those
benefits that would be available to other nonreclamation districts. | Humboldt Project Conveyance Act - Requires the Secretary of the Interior to convey all right, title, and interest in and to the lands and features of the Humboldt Project, including all water rights for storage and diversion, to the Pershing County Water Conservation District (PCWCD), the State of Nevada, the Pershing County government, and the Lander County government, consistent with the terms and conditions set forth in the Memorandum of Agreement between PCWCD and Lander County dated January 24, 2002, the Conceptual Agreement between PCWCD and the State dated October 28, 2001, and the Letter of Agreement between Pershing County and the State dated April 16, 2002.(Sec. 4) Requires PCWCD to pay the United States the net present value of miscellaneous revenues associated with the lands and facilities to be conveyed.Requires the entity receiving title under this act to pay the United States the fair market value for any withdrawn land conveyed, as well as the real estate transfer costs for any land or facility conveyed.Declares that the State of Nevada will not be responsible for any payments for land or facilities under this Act.Declares that any proposal by the State to reconvey to another entity land conveyed by the Secretary must provide fair market value to the Unites States for the lands and for continued management of the lands for recreation, wildlife habitat, wetlands, or resource conservation.(Sec. 6) Revokes the Secretarial Orders dated March 16, 1934, and April 6, 1956, that withdrew public lands for the Rye Patch Reservoir and the Humboldt Sink.(Sec. 7) Exempts the United States from liability for damages arising out of any act, omission, or occurrence relating to the Humboldt project, except for damages caused by acts of negligence committed by the United States, its employees or agents prior to the date of conveyance.(Sec. 8) Requires the Secretary to complete, prior to conveyance, all actions required under the National Environment Policy Act of 1969.(Sec. 9) Declares that upon conveyance of the lands and facilities, the Humboldt Project will no longer be a Federal reclamation project and the district shall not be entitled to receive any future reclamation benefits with respect to the project, except those benefits that would be available to other nonreclamation districts. | To direct the Secretary of the Interior to convey title to certain irrigation project property in the Humboldt Project, Nevada, to the Pershing County Water Conservation District, Pershing County, Lander County, and the State of Nevada. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hospital Price Transparency and
Disclosure Act of 2011''.
SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA.
Part B of title II of the Public Health Service Act (42 U.S.C. 238
et seq.) is amended by adding at the end the following new section:
``data reporting by hospitals and ambulatory surgical centers and
public posting
``Sec. 249. (a) Semiannual Reporting Requirement.--Not later than
80 days after the end of each semiannual period beginning January 1 or
July 1 (beginning more than one year after the date of the enactment of
this section), a hospital and an ambulatory surgical center shall
report to the Secretary the following data:
``(1) In the case of a hospital--
``(A) the frequency of occurrence for such hospital
during such period of each treatment episode identified
under subsection (c)(1) for a condition or disease
selected under subparagraph (A) or (B) of such
subsection (or updated under subsection (c)(3)),
furnished in an inpatient or outpatient setting,
respectively; and
``(B) if care was furnished for such a treatment
episode by such hospital during such period--
``(i) the total number of such treatment
episodes for which care was so furnished by the
hospital during such period;
``(ii) the insured individual average
charge (as computed under subsection (e)(3)) by
the hospital for such treatment episode during
such period; and
``(iii) the uninsured individual average
charge (as computed under subsection (e)(4)) by
the hospital for such treatment episode during
such period.
``(2) In the case of an ambulatory surgical center--
``(A) the frequency of occurrence for such center
during such period of each treatment episode identified
under subsection (c)(1) for a condition or disease
selected under subparagraph (C) of such subsection (or
updated under subsection (c)(3)); and
``(B) if care was furnished for such a treatment
episode by such center during such period--
``(i) the total number of such treatment
episodes for which care was so furnished by the
center during such period;
``(ii) the insured individual average
charge (as computed under subsection (e)(3)) by
the center for such episode during such period;
and
``(iii) the uninsured individual average
charge (as computed under subsection (e)(4)) by
the center for such episode during such period.
``(b) Public Availability of Data.--
``(1) Public posting of data.--The Secretary shall promptly
post, on the official public Internet site of the Department of
Health and Human Services, the data reported under subsection
(a). Such data shall be set forth in a manner that promotes
charge comparison among hospitals and among ambulatory surgical
centers.
``(2) Notice of availability.--A hospital and an ambulatory
surgical center shall prominently post at each admission site
of the hospital or center a notice of the availability of the
data reported under subsection (a) on the official public
Internet site under paragraph (1).
``(c) Specification of Treatment Episodes.--For purposes of this
section:
``(1) In general.--The Secretary shall identify treatment
episodes for each of the following:
``(A) The 25 conditions and diseases selected by
the Secretary as being the most frequently treated
conditions and diseases in a hospital inpatient
setting.
``(B) The 25 conditions and diseases selected by
the Secretary as being the most frequently treated
conditions and diseases in a hospital outpatient
setting.
``(C) The 25 conditions and diseases selected by
the Secretary as being the most frequently treated
conditions and diseases in an ambulatory surgical
center setting.
``(2) Agreement with iom.--In carrying out paragraph (1),
the Secretary may enter into an agreement with the Institute of
Medicine to define a treatment episode for any condition or
disease selected by the Secretary under this subsection.
``(3) Updating selection.--The Secretary shall periodically
update the conditions and diseases selected under paragraph
(1).
``(d) Civil Money Penalty.--The Secretary may impose a civil money
penalty of not more than $10,000 for each knowing violation of
subsection (a) or (b)(2) by a hospital or an ambulatory surgical
center. The provisions of subsection (i)(2) of section 351A shall apply
with respect to civil money penalties under this subsection in the same
manner as such provisions apply to civil money penalties under
subsection (i)(1) of such section.
``(e) Administrative Provisions.--
``(1) In general.--The Secretary shall prescribe such
regulations and issue such guidelines as may be required to
carry out this section.
``(2) Classification of services.--The regulations and
guidelines under paragraph (1) shall include rules on the
classification of different treatment episodes and the
assignment of items and procedures to those episodes.
``(3) Computation of insured individual average charges.--
``(A) In general.--For purposes of subsections
(a)(1)(B)(ii) and (a)(2)(B)(ii), an insured individual
average charge for a treatment episode, with respect to
a hospital or ambulatory surgical center during a
period, shall be computed as the average of the rates
(including any applicable copayment, coinsurance, or
other costsharing) for such episode that have been
negotiated by the hospital or ambulatory surgical
center, respectively, with the 3 most used health
insurance providers for such hospital or center during
such period.
``(B) 3 most used health insurance providers.--For
purposes of subparagraph (A), the 3 most used health
insurance providers, with respect to a hospital or
ambulatory surgical center during a period, are the 3
group health plans or insurance issuers offering health
insurance coverage--
``(i) that have negotiated with the
hospital or center a rate for the treatment
episode involved; and
``(ii) the enrollees of which represent the
highest number of patients of the hospital or
center, respectively.
``(4) Computation of uninsured individual average
charges.--
``(A) In general.--For purposes of subsections
(a)(1)(B)(iii) and (a)(2)(B)(iii), an uninsured
individual average charge for a treatment episode, with
respect to a hospital or ambulatory surgical center
during a period, shall be computed as the average of
the total amounts charged for such an episode for which
care was furnished to an uninsured individual by such
hospital or ambulatory surgical center during such
period.
``(B) Uninsured individual defined.--For purposes
of subparagraph (A), the term `uninsured individual'
means, with respect to care furnished to the individual
by a hospital or ambulatory surgical center, an
individual who does not have insurance or other third-
party contractual benefits that provides payment for
costs incurred for such care.
``(5) Form of report and notice.--The regulations and
guidelines under paragraph (1) shall specify the electronic
form and manner by which a hospital or an ambulatory surgical
center shall report data under subsection (a) and the form for
posting of notices under subsection (b)(2).
``(f) Rules of Construction.--
``(1) Non-preemption of state laws.--Nothing in this
section shall be construed as preempting or otherwise affecting
any provision of State law relating to the disclosure of
charges or other information for a hospital or an ambulatory
surgical center.
``(2) Charges.--Nothing in this section shall be construed
to regulate or set hospital or ambulatory surgical center
charges.
``(g) Hospital and Ambulatory Surgical Center Defined.--For
purposes of this section, the terms `hospital' and `ambulatory surgical
center' have the meaning given such terms by the Secretary.''. | Hospital Price Transparency and Disclosure Act of 2011 [sic] - Amends the Public Health Service Act to require a hospital or ambulatory surgical center to report to the Secretary of Health and Human Services (HHS) regarding: (1) the frequency of occurrence of certain treatment episodes for the most frequently treated conditions or diseases in each setting, (2) the total number of treatment episodes for which care was furnished by the hospital or center, and (3) the insured and uninsured average charge by the hospital or center for such treatment episode.
Requires the Secretary to promptly post such information on the HHS website in a manner that promotes charge comparisons among hospitals and among ambulatory surgical centers. Requires a hospital and an ambulatory surgical center to prominently post at each admission site a notice of the availability of such data.
Authorizes civil penalties for violations of this Act. | To amend the Public Health Service Act to provide for the public disclosure of charges for certain hospital and ambulatory surgical center treatment episodes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Choice and Deregulation Act of
2015''.
SEC. 2. ALTERNATIVE FUELS.
(a) Aftermarket Conversions of Motor Vehicles to Alternative
Fuel.--Section 203 of the Clean Air Act (42 U.S.C. 7522) is amended by
adding at the end the following:
``(c) Older Vehicles.--
``(1) In general.--The aftermarket conversion of a vehicle
to alternative fuel operation shall not--
``(A) be considered tampering under this section if
the aftermarket conversion system manufacturer or the
person performing the conversion is able to demonstrate
that the development and engineering sophistication of
the conversion technology is--
``(i) matched to an appropriate vehicle or
group of vehicles; and
``(ii) well-designed and installed in
accordance with good engineering judgment so
that the aftermarket conversion system does not
degrade emission performance, as compared to
the performance of the vehicle or vehicles
before the conversion; or
``(B) require the issuance by the Administrator of
any certificate of conformity.
``(2) Label.--The person performing a conversion described
in paragraph (1) shall affix a label to the motor vehicle
stating that--
``(A) the vehicle has been equipped with an
aftermarket conversion system; and
``(B) the installation of that system occurred
after the initial sale of the vehicle.
``(3) No preclusion of orders.--Nothing in this subsection
may be construed to preclude the Administrator from issuing an
order to prohibit the manufacture, sale, distribution, or
installation of an aftermarket conversion system if the
Administrator has evidence that the installation of the
aftermarket conversion system on a vehicle degrades emission
performance.''.
(b) Biomass Fuels.--Section 211 of the Clean Air Act (42 U.S.C.
7545) is amended by adding at the end the following:
``(w) Biomass Fuels.--Notwithstanding any other provision of this
Act, the Administrator may not prohibit or control biomass fuel (as
defined in section 203 of the Biomass Energy and Alcohol Fuels Act of
1980 (42 U.S.C. 8802)) under this Act.''.
SEC. 3. CALCULATION OF AVERAGE FUEL ECONOMY.
(a) Definitions.--Section 32901(a) of title 49, United States Code,
is amended--
(1) by redesignating paragraphs (13) through (19) as
paragraphs (19) through (25);
(2) by redesignating paragraphs (11) and (12) as paragraphs
(16) and (17), respectively;
(3) by redesignating paragraph (10) as paragraph (13);
(4) by redesignating paragraphs (7), (8), and (9) as
paragraphs (8), (9), and (10), respectively;
(5) by inserting after paragraph (6) the following:
``(7) `biodiesel'--
``(A) means liquid fuel derived from biomass that
meets--
``(i) the registration requirements for
fuels and fuel additives established by the
Environmental Protection Agency under section
211 of the Clean Air Act (42 U.S.C. 7545); and
``(ii) the requirements of the ASTM
Standard D6751; and
``(B) does not include any liquid with respect to
which a credit may be determined under section 40 of
the Internal Revenue Code of 1986.'';
(6) by inserting after paragraph (10), as redesignated, the
following:
``(11) `E85' means a fuel mixture that--
``(A) contains between 51 and 83 percent ethanol;
and
``(B) meets the specifications of the ASTM Standard
D5798.;
``(12) `flexible fuel vehicle' means a vehicle that has
been warranted to operate on gasoline, E85, and M85.'';
(7) by inserting after paragraph (13), as redesignated, the
following:
``(14) `fuel choice enabling manufacturer' means a
manufacturer whose total fleet of automobiles manufactured for
the most recent model year for sale in the United States
contains at least 50 percent fuel choice enabling vehicles.
``(15) `fuel choice enabling vehicle' means an automobile
that--
``(A) has been warranted to operate on natural gas,
hydrogen, propane, or at least 20 percent biodiesel;
``(B) is a flexible fuel vehicle;
``(C) is a plug-in electric drive vehicle;
``(D) is propelled by a fuel cell that can produce
power without the use of petroleum or a petroleum-based
fuel; or
``(E)(i) is propelled by something other than an
internal combustion engine; and
``(ii) is warranted to operate on something other
than petroleum-based fuel.'';
(8) by inserting after paragraph (17), as redesignated, the
following:
``(18) `M85' means a fuel mixture that--
``(A) contains up to 85 percent methanol; and
``(B) meets the specifications of the ASTM
International Standard D5797.''; and
(9) by inserting after paragraph (25), as redesignated, the
following:
``(26) `plug-in electric drive vehicle' has the meaning
given such term in section 508(a) of the Energy Policy Act of
1992 (42 U.S.C. 13258(a)).''.
(b) Fuel Choice Enabling Manufacturers.--Chapter 329 of title 49,
United States Code, is amended--
(1) in section 32902, by adding at the end the following:
``(l) Deemed Compliance With the Clean Air Act.--If a fuel choice
enabling manufacturer is in compliance with all applicable standards
prescribed under this section for model year 2016 or any subsequent
model year, the automobiles manufactured by such manufacturer in such
model year are deemed to be in compliance with all applicable
greenhouse gas regulations established by the Environmental Protection
Agency pursuant to section 202 of the Clean Air Act (42 U.S.C.
7521).'';
(2) in section 32903(a), by amending paragraph (2) to read
as follows:
``(2) any of the 5 consecutive model years immediately
after the model year for which the credits are earned, to the
extent that such credits are not used under paragraph (1);'';
and
(3) in section 32904--
(A) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(B) by inserting after subsection (c) the
following:
``(d) Average Fuel Economy Bonus for Fuel Choice Enabling
Manufacturers.--The average fuel economy of a fuel choice enabling
manufacturer for a model year is the sum of--
``(1) the average fuel economy of such manufacturer for
such model year, as otherwise calculated pursuant to this
section; and
``(2) 8 miles per gallon.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to automobiles manufactured for model year 2016 or
for any subsequent model year.
SEC. 4. EQUALIZATION OF EXCISE TAX ON LIQUEFIED NATURAL GAS AND PER
ENERGY EQUIVALENT OF DIESEL.
(a) In General.--Section 4041(a)(2) of the Internal Revenue Code of
1986 is amended--
(1) in subparagraph (B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii)--
(i) by striking ``liquefied natural gas,'';
(ii) by striking ``peat), and'' and
inserting ``peat) and''; and
(iii) by striking the period at the end and
inserting ``, and''; and
(C) by adding at the end the following new clause:
``(iii) in the case of liquefied natural
gas, 24.3 cents per energy equivalent of a
gallon of diesel.''; and
(2) by adding at the end the following:
``(C) Energy equivalent of a gallon of diesel.--For
purposes of this paragraph, the term `energy equivalent
of a gallon of diesel' means, with respect to a
liquefied natural gas fuel, the amount of such fuel
having a Btu content of 128,700 (lower heating value).
``(D) Administrative provisions.--For purposes of
applying this title with respect to the taxes imposed
by this subsection, references to any liquid subject to
tax under this subsection shall be treated as including
references to liquefied natural gas subject to tax
under this paragraph.''.
(b) Effective Date.--The amendments made by this section shall
apply to any sale or use of liquefied natural gas after the date that
is 14 days after the date of the enactment of this Act.
SEC. 5. ETHANOL WAIVER.
Section 211(h)(4) of the Clean Air Act (42 U.S.C. 7545(h)(4)) is
amended--
(1) in the matter preceding subparagraph (A), by inserting
``or more'' after ``10 percent''; and
(2) in subparagraph (C), by striking ``additional alcohol
or''. | Fuel Choice and Deregulation Act of 2015 This bill amends the Clean Air Act to revise provisions concerning alternative fuel. Currently, a change to the original configuration of a certified vehicle or engine, including alternative fuel conversion, may be a potential violation of the Act's prohibition against tampering with devices used to control emissions from vehicles. The bill prohibits the aftermarket conversion of a vehicle to alternative fuel operation from: (1) being considered tampering under the Act if the conversion technology is matched to an appropriate vehicle and does not degrade emission performance, or (2) requiring the issuance by the Environmental Protection Agency (EPA) of any certificate of conformity. The bill also establishes labelling requirements for an aftermarket conversion. The EPA may not prohibit or control biomass fuel under the Act. Biomass fuel is produced by conversion of certain organic matter which is available on a renewable basis. If a fuel choice enabling manufacturer (certain manufacturers of vehicles that operate with alternative fuels) is in compliance with applicable fuel economy standards, the vehicles it makes are deemed to be in compliance with greenhouse gas regulations established by the EPA under the Act. The requirements governing the calculation of average fuel economy are revised, including by giving an average fuel economy bonus for those manufacturers. The bill amends the Internal Revenue Code to adjust the excise tax on liquefied natural gas to 24.3 cents per energy equivalent of a gallon of diesel. The Clean Air Act places Reid vapor pressure limitations, or gasoline volatility limits, on gasoline during the summer ozone season. Gasoline blended with 10% ethanol may exceed this limitation by a certain amount under the Act. The bill extends this waiver to gasoline blended with more than 10% ethanol. | Fuel Choice and Deregulation Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Research Financing
Improvement Act of 1995''.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the following definition shall apply:
(1) Beneficiary industry.--The term ``beneficiary
industry'' means an industry with respect to which a covered
research activity is intended to contribute directly to the
commercial success, advancement, or competitiveness of the
industry.
(2) Construction.--With respect to the construction of a
new Federal research facility, the term ``construction'' means
the supervising, inspecting, and actual building of the
facility, and all expenses incidental to those activities.
(3) Cooperative agreement.--The term ``cooperative
agreement'' means a cooperative agreement between the Federal
Government and representatives of a beneficiary industry
entered into under section 3(a).
(4) Covered research activity.--The term ``covered research
activity'' means a research activity conducted by a Federal
research facility that is intended to contribute directly to
the commercial success, advancement, or competitiveness of one
or more beneficiary industries, including--
(A) theoretical analysis, experimentation, or the
systematic study of phenomena or observable facts;
(B) the development or testing of basic engineering
techniques; and
(C) the extension of investigative findings or
theory of a scientific or technical nature into
practical application for experimental and
demonstration purposes, including the experimental
production and testing of models, prototypes,
equipment, materials, and processes.
(5) Federal research facility.--The term ``Federal research
facility''--
(A) means any federally funded research and
development center that is operated by the Federal
Government or by a contractor;
(B) includes any laboratory covered under section
12 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3710a); and
(C) does not include--
(i) any federally funded facility with
respect to which the primary mission is to
assist industrial concerns in complying with
Federal law;
(ii) any federally funded facility that
conducts research activities that the President
determines to be of paramount interest to the
United States for reasons of national security;
and
(iii) any facility covered by Executive
Order No. 12344, dated February 1, 1982,
pertaining to the naval nuclear propulsion
program.
(6) Federal agency.--The term ``Federal agency'' means any
Executive agency, as defined in section 105 of title 5, United
States Code, the military departments, as defined in section
102 of such title, and any agency of the legislative branch of
the Federal Government.
(7) Industry.--The term ``industry'' means any domestic
industry--
(A) identified by the Secretary of Labor in the
Standard Industrial Classification Code issued by the
Secretary of Labor; or
(B) identified as a domestic industry by the head
of a Federal agency.
(8) New federal research facility.--
(A) In general.--The term ``new Federal research
facility'' means a Federal research facility the
construction of which commences after the date of
enactment of this Act.
(B) Significant expansion included.--The term ``new
Federal research facility'' includes any significant
expansion of a Federal research facility that commences
after the date of enactment of this Act.
SEC. 3. COOPERATIVE AGREEMENTS.
(a) Federal Research Facilities.--Notwithstanding any other
provision of law, no new Federal research facility may be constructed
to carry out a covered research activity unless the head of the Federal
agency with jurisdiction over the new Federal research facility enters
into a cooperative agreement with appropriate representatives of each
beneficiary industry to be served by the covered research activity to--
(1) carry out the construction of the new Federal research
facility; and
(2) conduct a covered activity at that facility.
(b) Requirements for Cooperative Agreements.--
(1) In general.--Each cooperative agreement entered into
under subsection (a) shall--
(A) specify that the beneficiary industries that
are parties to the cooperative agreement shall pay not
less than 50 percent of the cost of the construction,
operation, and maintenance of the new Federal research
facility that is the subject of the cooperative
agreement;
(B) specify the percentage amount that each
beneficiary industry referred to in subparagraph (A) is
required to pay to cover the costs under such
subparagraph;
(C) specify that the agency head may enter into
such contracts with, and award such grants to
representatives of the beneficiary industries, as are
necessary to carry out the cooperative agreement;
(D) provide for--
(i) the sharing, among beneficiary
industries, of certain intellectual property
obtained from covered research activities
conducted at the new Federal research facility;
and
(ii) the protection of certain intellectual
property of the beneficiary industry used by
the Federal Government in carrying out the
covered research activities; and
(E) specify the conditions under which, and the
procedures pursuant to which, the Federal Government
may terminate the construction of the new Federal
research facility or the covered research activity.
(2) Percentage amount.--The percentage amount that a
beneficiary industry shall be required to pay under paragraph
(1)(B) shall be determined by the head of the Federal agency in
accordance with a formula developed by the agency head to
provide for contributions from all beneficiary industries
served by the new Federal research facility.
(c) Regulations.--The head of each Federal agency shall promulgate
such regulations as may be necessary to carry out this section,
including regulations concerning--
(1) monitoring the execution of cooperative agreements
entered into under subsection (a);
(2) the establishment of procedures regarding financial
reporting and auditing to ensure that any contract entered into
under this section or grant award made pursuant to this section
is used only for the purposes specified in the applicable
cooperative agreement entered into under subsection (a); and
(3) the appropriate dissemination of the results of
research conducted pursuant to a cooperative agreement entered
into under subsection (a). | Federal Research Financing Improvement Act of 1995 - Prohibits the construction of new Federal research facilities to carry out a covered research activity unless the head of the Federal agency with jurisdiction over the new facility enters into a cooperative agreement for such construction and the conduct of such research with appropriate representatives of each beneficiary industry to be served by the activity. Requires the beneficiary industries to pay at least half the cost of construction (individual percentages to be determined according to a formula developed by the appropriate Federal agency head). Requires the agreement to provide for both: (1) sharing among beneficiary industries of intellectual property obtained from covered research activities; and (2) protection of certain intellectual property used by the Federal Government in carrying out the activities. | Federal Research Financing Improvement Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Peace for Sudan Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Government of Sudan has engaged in an orchestrated
campaign of genocide in Darfur, Sudan, and has severely
restricted humanitarian and human rights workers' access to
Darfur in an attempt to inflict further harm on the Fur,
Masalit, and Zaghawa people of Darfur and to prevent the
collection of evidence of war crimes and crimes against
humanity.
(2) As a result of this campaign, as many as 30,000 people
have been killed, more than 1,000,000 people have been
displaced within Sudan, and approximately 200,000 have been
made refugees in Chad.
(3) As many as 320,000 people may die unless humanitarian
aid is immediately delivered to the affected individuals.
(4) The United Nations High Commissioner for Human Rights
issued a report which ``identified... massive human rights
violations in Darfur perpetrated by the Government of Sudan and
its proxy militia, which may constitute war crimes and/or
crimes against humanity''.
(5) The Government of Chad, under President Idriss Deby,
has served an important role in facilitating a renewable
``humanitarian cease-fire'' between the Government of Sudan and
the two rebel groups challenging that Government in Darfur, the
Justice and Equality Movement and the Sudan Liberation
Movement, and has been a crucial partner in permitting
humanitarian assistance to reach refugees who have crossed from
Darfur to Chad in the tens of thousands.
(6) The cooperation and mediation of the SPLM is critical
to bringing about a political settlement between the
Government, the Sudanese Liberation Army, and the Justice and
Equality Movement.
(7) Practical implementation of a comprehensive peace
agreement between the SPLM and the Government of Sudan is
impossible without the implementation of a peace agreement for
Darfur.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
(2) SPLM.--The term ``SPLM'' means the Sudan People's
Liberation Movement.
SEC. 4. SENSE OF CONGRESS REGARDING ACTIONS TO ADDRESS THE CONFLICT IN
DARFUR.
It is the sense of Congress that--
(1) the United Nations Security Council should immediately
pass a resolution--
(A) condemning the actions of the Government of
Sudan in Darfur; and
(B) setting out specific actions that such
Government must take to avoid the reimposition of
sanctions;
(2) the United States Ambassador at Large for War Crimes
should travel to the region to investigate allegations of war
crimes, crimes against humanity, and genocide brought against
the Government of Sudan;
(3) the President should immediately name a new Special
Envoy to Sudan whose responsibilities include support for
conflict mitigation throughout Sudan;
(4) the SPLM should take advantage of the opportunity
afforded by the May 26, 2004, signing of the three protocols to
help broker a political settlement to the conflict in Darfur;
(5) restrictions pursuant to Executive Order 13067 (50
U.S.C. 1701 note) should not be lifted unless there is peace in
Darfur; and
(6) upon implementation of a peace agreement in Darfur, the
signing of a comprehensive peace agreement between the SPLM and
the Government of Sudan, and full cooperation from the
Government of Sudan on the war against terrorism, the
Government of the United States should immediately begin
discussions of the necessary steps to normalize relations with
Sudan, including the lifting of all economic and political
sanctions.
SEC. 5. ASSISTANCE FOR SUDAN.
(a) Humanitarian Assistance for Chad and Darfur.--The President is
authorized to provide $200,000,000 in fiscal year 2005 in assistance to
meet the humanitarian crisis in Chad and Darfur pursuant to section 491
of the Foreign Assistance Act of 1961 (22 U.S.C. 2292) and section 2 of
the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601) to
provide shelter, health, water and sanitation, protection of vulnerable
populations, food, and other appropriate relief items.
(b) Assistance To Support a Comprehensive North-South Peace
Agreement.--Notwithstanding any other provision of law, and subject to
subsection (d), the President is authorized to provide $800,000,000 in
assistance to support a comprehensive North-South peace agreement in
Sudan for purposes including commercial assistance, infrastructure
rehabilitation, disarmament and demobilization of fighters, and
training and technical assistance to integrate members of the SPLM into
the interim Government of Sudan.
(c) Certification.--The President shall submit a certification to
the appropriate congressional committees not later than 180 days after
the date of enactment of this Act, and every 180 days thereafter, that
the Government of Sudan has--
(1) ensured that the armed forces and the militias, known
as the Janjaweed, are not attacking civilians;
(2) taken significant demonstrable and verifiable steps to
demobilize and disarm the Janjaweed in Darfur;
(3) ceased harassment of aid workers, including those who
report human rights abuses, and allowed unfettered humanitarian
access to Darfur; and
(4) fully cooperated with the deployment and operation of
the African Union monitoring team for Darfur.
(d) Prohibition and Suspension of Assistance.--
(1) Prohibition.--If the President does not submit the
certification described in subsection (c) then the President
may not provide the assistance authorized in subsection (b).
(2) Suspension.--If, on a date after the President submits
the certification described in subsection (c), the President
determines such Government has ceased taking such actions, the
President shall immediately suspend the provision of the assistance
authorized in subsection (b) until the date on which the President
certifies that such Government has resumed taking such actions.
SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
(a) Measures and Sanctions in Support of Peace.--On the date that
is 120 days after the date of enactment of this Act, if the President
has not submitted the certification described in subsection (c)(1)--
(1) the President shall implement the measures set forth in
section 6(b)(2) of the Sudan Peace Act (50 U.S.C. 1701 note);
and
(2) notwithstanding section 428(b) of the Homeland Security
Act of 2002 (6 U.S.C. 236(b)), the Secretary of State shall
prohibit the granting of a visa to--
(A) a senior member of the Government of Sudan;
(B) a senior official of the military of Sudan; or
(C) a family member of an individual described in
subparagraph (A) or (B).
(b) Continuation of Restrictions.--Restrictions against the
Government of Sudan that were imposed pursuant to title III and
sections 508, 512, and 527 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2004 (Division D of Public Law
108-199; 118 Stat. 143) shall remain in place until the President makes
the certification described in subsection (c)(1).
(c) Certification.--The certification referred to in subsections
(a) and (b) is a certification submitted by the President to the
appropriate congressional committees not later than 30 days after the
date of enactment of this Act, and every 90 days thereafter, that--
(A) the armed forces of the Government of Sudan and
militias allied with such Government have not attacked
civilians in Sudan since the date of enactment of this
Act; and
(B) the Government of Sudan is allowing unfettered
humanitarian access to people in Darfur.
SEC. 7. MULTILATERAL EFFORTS.
The Secretary of State shall direct the United States Permanent
Representative to the United Nations to pursue a Security Council
Resolution that condemns the Government of Sudan for its actions in
Darfur and calls for--
(1) accountability for those who are found responsible for
orchestrating and carrying out the atrocities in Darfur; and
(2) member states of the United Nations to--
(A) freeze the assets of senior members of the
Government of Sudan and their families held in each
such member state;
(B) cease to import Sudanese oil;
(C) restrict the entry or transit of senior members
of the Government of Sudan and their families through
each such member state;
(D) deny permission for any aircraft registered in
Sudan to take off from, land in, or overfly each such
member state; and
(E) cease selling arms to the Government of Sudan.
SEC. 8. REPORTING REQUIREMENTS.
Not later than 30 days after the date of enactment of this Act, the
President shall submit to the appropriate congressional committees a
report that includes--
(1) plans for and resources needed to assist with the
reconstruction of Sudan to support a comprehensive peace
agreement between the Government of Sudan and the SPLM,
including a description of the effect that the crisis in Darfur
will have on the resources needed;
(2) contingency plans for the delivery of humanitarian
assistance through nonmilitary means should the Government of
Sudan continue to obstruct or delay the international
humanitarian response for the 2,000,000 Sudanese civilians
declared vulnerable in Darfur;
(3) an assessment of the United States military personnel,
platforms, equipment, and their associated costs required
(should other efforts fail) to--
(A) deliver humanitarian assistance to Darfur; or
(B) provide security for the delivery of
humanitarian assistance; and
(4) a strategy for providing medical and psycho-social
assistance to victims of torture and sexual violence in Darfur.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
President--
(1) for fiscal year 2005, $200,000,000 to carry out the
activities described in section 5(a); and
(2) for fiscal years 2005 through 2008, a total of
$800,000,000 to carry out the activities described in section
5(b).
(b) Reduction of Available Funds.--The amount authorized to be
appropriated under subsection (a)(2) shall be reduced by $50,000,000
180 days after the date of enactment of this Act if the President has
not made the certification described in section 5(c) by the end of that
180-day period, and shall be reduced by an additional $50,000,000 at
the end of each 180-day period thereafter that has ended before the
President has made such certification. | Comprehensive Peace for Sudan Act - Authorizes the President to provide: (1) humanitarian assistance for Chad and Darfur; and (2) assistance to support a North-South peace agreement in Sudan, contingent upon a continuing certification to the appropriate congressional committees that the Government of Sudan is acting to demobilize the Janjaweed militia, protect civilians, and cooperate with aid workers and the African Union monitoring team.
Directs the President to take specified sanctions against Sudan and its officials if Sudan has not taken actions necessary for such certification.
Directs the Secretary of State to require the U.S. Permanent Representative to the United Nations to pursue a Security Council Resolution condemning Sudan for its actions in Darfur and calling for: (1) accountability for those responsible for the atrocities in Darfur; and (2) member states of the United Nations to freeze the assets of senior members of the Government of Sudan, cease importing Sudanese oil, restrict the entry or transit of senior members of the Government of Sudan, and cease selling arms to the Government of Sudan. | A bill to provide assistance to Sudan, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technical Education Creates High-
Paying Careers Act of 2016'' or the ``TECH Careers Act''.
SEC. 2. AMERICAN TECHNICAL TRAINING GRANT PROGRAM.
(a) In General.--Title II of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2371 et seq.) is amended--
(1) by inserting before section 201 the following:
``PART A--TECH PREP PROGRAM'';
and
(2) by adding at the end the following new part:
``PART B--AMERICAN TECHNICAL TRAINING GRANT PROGRAM
``SEC. 221. ESTABLISHMENT OF AMERICAN TECHNICAL TRAINING GRANT PROGRAM.
``(a) Program Authorization.--The Secretary of Education, in
coordination with the Secretary of Labor, shall develop and implement a
grant program, to be known as the American Technical Training Grant
Program, to award competitive grants to eligible entities for
supporting the establishment, redesign, or expansion of job training
programs that enable economically disadvantaged students to enter into
and advance along career pathways that lead to jobs in high-skill,
high-wage, or high-demand occupations.
``(b) Definition of Eligible Entity.--For purposes of this part,
the term `eligible entity' means an institution of higher education
that offers career and technical education programs that can be
completed in 2 years or less or a consortium of such institutions.
``(c) Application.--An eligible entity that desires a grant under
this part shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
``(d) Selection Criteria.--In awarding grants under this part, the
Secretary shall give priority to eligible entities that--
``(1) would serve a large proportion of job training
program participants who are from economically disadvantaged
families;
``(2) would provide training for an industry sector or
occupation in high demand;
``(3) demonstrate potential for a high percentage of job
training program participants to secure employment after
completion of such entity's job training program; or
``(4) meet such other criteria as the Secretary considers
appropriate.
``(e) Partnerships.--
``(1) Required partnerships.--Before awarding a grant to an
eligible entity under this part, the Secretary shall verify
that the eligible entity has entered into a partnership
agreement with--
``(A) a local workforce development board;
``(B) an employer with a workforce need in a high-
skill, high-wage, or high-demand industry;
``(C) an industry organization or other
intermediary representing the industry sector or
occupation for which the job training program provides
training; and
``(D) an institution of higher education that--
``(i) offers a baccalaureate degree; and
``(ii) has an articulation agreement with
the eligible entity.
``(2) Separate entities not required.--In meeting the
partnership requirements of subparagraphs (A) through (D) of
paragraph (1), an eligible entity shall not be required to
partner with a separate entity for purposes of each such
subparagraph.
``(3) Additional partnerships.--In addition to being in the
partnerships described in paragraph (1), an eligible entity may
be in a partnership with--
``(A) a nonprofit organization or other training
provider, including an apprenticeship program
registered with the Department of Labor;
``(B) a community-based organization;
``(C) a State, regional, or local economic
development agency;
``(D) a secondary school; or
``(E) a local educational agency.
``(f) Required Uses of Funds.--An eligible entity that receives a
grant under this part shall use the grant funds to--
``(1) establish, redesign, or expand a job training program
that--
``(A) leads to an industry recognized credential or
certification at the post-secondary level or to an
associate degree;
``(B) trains job training program participants for
a regionally in-demand industry sector or occupation;
``(C) addresses through embedded remediation the
needs of job training program participants for
remediation or attainment of basic skills;
``(D) provides academic credit to job training
program participants for prior learning, if applicable,
including academic credit for courses completed in a
foreign country by a foreign professional or
recognition of such professional's foreign degree or
certification;
``(E) provides student support services, such as
career guidance and academic counseling, intake
assessments to determine program fit, and other
services; and
``(F) is accessible to nontraditional students
through alternative scheduling;
``(2) conduct high quality, independent evaluations of the
job training program's activities; and
``(3) provide work-based learning opportunities for job
training program participants.
``(g) Allowable Uses of Funds.--In addition to the required uses of
funds under subsection (f), an eligible entity that receives a grant
under this part may also use the grant funds to support the job
training program by--
``(1) developing the program curriculum;
``(2) engaging employers or industries hire job training
program participants;
``(3) purchasing supplies;
``(4) supporting the professional development of faculty,
administrators, and career guidance and academic counselors;
``(5) supporting faculty salaries;
``(6) providing tuition assistance counseling and financial
aid counseling services;
``(7) providing services that target disconnected youth;
``(8) providing childcare for the children of program
participants during classes, internships, or other activities
relating to the job training program;
``(9) providing program participants with transportation to
classes, internships, or other activities relating to the job
training program; and
``(10) carrying out any other permissible activity
consistent with the purposes of this part, as approved by the
Secretary.
``(h) Grant Amount.--
``(1) In general.--The amount of a grant to an eligible
entity for a fiscal year shall not exceed $5,000,000.
``(2) Considerations.--In determining the amount of a grant
to be awarded to an eligible entity under this part, the
Secretary shall consider--
``(A) if the grant is for the initial start-up of a
job training program or for the expansion of an
existing model, with smaller grants awarded for the
initial start-up and larger grants awarded for the
expansion of an existing model; and
``(B) in the case of an application for the
expansion of an existing job training program, the
extent to which the job training program demonstrates
evidence of effectiveness.
``(3) Measuring effectiveness.--For purposes of paragraph
(2)(B), the measure of effectiveness shall include the
graduation rates, job placement rates, and wages earned by
graduates of the job training program.
``(i) Grant Duration.--
``(1) Maximum grant period.--The Secretary shall make a
grant award under this part for a period of not more than 3
years.
``(2) Maximum grant extension.--If an eligible entity that
receives a grant under this part makes substantial progress
based on the accountability and performance indicators
described in subsection (j), the Secretary may extend a grant
award for not more than 2 additional years.
``(j) Accountability and Performance Indicators.--
``(1) Required accountability and performance indicators.--
An eligible entity shall provide annually to the Secretary data
on the eligible entity's job training program carried out under
this part, including--
``(A) the number of program participants;
``(B) for such program participants, the core
indicators of performance described in clauses (i)
through (iv) of section 113(b)(2)(B);
``(C) the median earnings of program participants
who have completed the job training program, measured
at the time at which postsecondary student placement
rates are measured under clause (iv) of section
113(b)(2)(B); and
``(D) the percentage of program participants who
have completed the job training program and who, at the
time at which postsecondary student placement rates are
measured under clause (iv) of section 113(b)(2)(B), are
employed by an employer that meets the requirement
under subsection (e)(1)(b).
``(2) Disaggregation of accountability and performance
indicators.--Such data shall be disaggregated by--
``(A) race and ethnicity;
``(B) gender;
``(C) disability status;
``(D) sexual orientation;
``(E) English proficiency;
``(F) status as economically disadvantaged;
``(G) status as an individual preparing for
employment in a non-traditional field, including
individuals from a racial, ethnic, or national origin
group that is underrepresented in such field; and
``(H) status as a military-connected student.
``(3) Student privacy.--The report to the Secretary
required under paragraph (1) shall only include data to the
extent that such data are sufficient to yield statistically
reliable information that does not reveal personally
identifiable information about an individual student.
``(4) Publication of data.--The Secretary shall aggregate
the data received under paragraph (1) and publish such
aggregation so that it is reasonably available to the public.
``(5) Funds reserved for data collection and
dissemination.--An eligible entity that receives a grant under
this part may reserve not more than 3 percent of the grant
amount to administer the collection, disaggregation, and
reporting of the data received under paragraph (1).
``(k) Reserved Funds.--
``(1) Funds reserved for rural, tribal, or outlying
areas.--The Secretary shall reserve not less than 1 percent and
not more than 10 percent of the funds appropriated under
subsection (n) to carry out this part for a fiscal year for
making awards to eligible entities located in rural, tribal, or
outlying areas.
``(2) Funds reserved for historically black colleges and
universities and other minority-serving institutions.--The
Secretary shall reserve not less than 1 percent and not more
than 10 percent of the funds appropriated under subsection (n)
to carry out this part for a fiscal year for making awards to
eligible entities listed in paragraphs (1) through (7) of
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
``(l) Matching Requirement.--
``(1) In general.--Each eligible entity that receives a
grant under this part shall secure, toward the cost of
establishing, redesigning, or expanding a job training program
under this part, from non-Federal sources, an amount as
determined by the Secretary for such eligible entity.
``(2) Non-federal contribution.--The non-Federal
contribution may be--
``(A) in cash or in the form of in-kind
contributions that are directly related to the purpose
for which the grant was made; and
``(B) from a State government, local government, or
private person.
``(m) Federal Funds To Supplement, Not Supplant, Non-Federal
Funds.--An eligible entity receiving a grant under this part shall use
Federal funds received under this part only to supplement the funds
that would, in the absence of such Federal funds, be made available
from non-Federal sources for the support of the job training programs
assisted under this part, and not to supplant such funds.
``(n) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part--
``(1) $200,000,000 for fiscal year 2017; and
``(2) such sums as may be necessary for subsequent fiscal
years.
``SEC. 222. DEFINITIONS.
``In this part:
``(1) Career pathway.--The term `career pathway' has the
meaning given that term in the section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
``(2) Disconnected youth.--The term `disconnected youth'
has the meaning given that term in section 526(a) of the
Consolidated Appropriations Act, 2014 (42 U.S.C. 12301 note).
``(3) In-demand industry sector or occupation.--The term
`in-demand industry sector or occupation' has the meaning given
that term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1001), except that such term shall not include
proprietary institutions of higher education.
``(5) Military-connected student.--The term `military-
connected student' means a student that is the child of a
person serving in the Armed Forces.
``(6) Nontraditional student.--The term `nontraditional
student' has the meaning given that term in section 861(b) of
the Higher Education Act of 1965 (20 U.S.C. 1161q(b)).''.
(b) Clerical Amendments.--The table of contents in section 1(b) of
the Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 note) is amended--
(1) by inserting before the item relating to section 201
the following new item:
``Part A--Tech Prep Program'';
and
(2) by inserting after the item relating to section 206 the
following new items:
``Part B--American Technical Training Grant Program
``Sec. 221. Establishment of American Technical Training Grant Program.
``Sec. 222. Definitions.''.
(c) Conforming Amendments.--Part A of title II of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2371 et
seq.), as designated by this Act, is amended by striking ``this title''
each place it appears and inserting ``this part''. | Technical Education Creates High-Paying Careers Act of 2016 or the TECH Careers Act This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to direct the Department of Education (ED), in coordination with the Department of Labor, to develop and implement an American Technical Training Grant Program awarding competitive three-year grants of up to $5 million per fiscal year to eligible entities for supporting the establishment, redesign, or expansion of job training programs that enable economically disadvantaged students to enter into and advance along career pathways that lead to jobs in high-skill, high-wage, or high-demand occupations. The entities eligible for such grants must be institutions of higher education offering career and technical education programs that can be completed in two years or less (or a consortium of such institutions), but only if they enter a partnership agreement with: a local workforce development board; an employer with a workforce need in a high-skill, high-wage, or high-demand industry; an industry organization or other intermediary representing the industry sector or occupation for which the job training program provides training; and an institution of higher education that offers a baccalaureate degree and also has an articulation agreement with the eligible entity. | TECH Careers Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Reform Act of 1994''.
SEC. 2. MAXIMUM DOLLAR AMOUNT.
Subparagraph (A) of the first sentence of section 203(b)(2) of the
National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended by striking
clause (ii) and all that follows through ``1992;'' and inserting the
following:
``(ii) 85 percent of the dollar amount
limitation determined under section 305(a)(2)
of the Federal Home Loan Mortgage Corporation
Act for a residence of the applicable size;
except that the applicable dollar amount limitation in
effect under this subparagraph (A) for any area may not
be less than the greater of--
``(I) the dollar amount limitation in
effect under this section for the area on the
date of enactment of the FHA Reform Act of
1994; or
``(II) the applicable average area purchase
price determined under section 143(e)(2) of the
Internal Revenue Code of 1986, as adjusted by
the Secretary to reflect a single amount using
purchase prices for residences that have been
previously occupied, and for residences that
have not been so occupied, which amount shall
be adjusted by the Secretary annually on the
basis of the Constant Quality Housing Price
Index;''.
SEC. 3. MAXIMUM LOAN-TO-VALUE RATIO.
Section 203(b)(2) of the National Housing Act (12 U.S.C.
1709(b)(2)) is amended--
(1) by striking ``(including such initial service charges,
appraisal, inspection, and other fees as the Secretary shall
approve)'' the first place it appears;
(2) by striking subparagraph (B) of the first sentence and
inserting the following new subparagraph:
``(B) except as otherwise provided in this
paragraph (2), not to exceed an amount equal to the sum
of--
``(i) 99 percent of $50,000 of the
appraised value of the property, as of the date
the mortgage is accepted for insurance;
``(ii) 96 percent of such value in excess
of $50,000 but not in excess of $125,000; and
``(iii) 94 percent of such value in excess
of $125,000.'';
(3) by striking the second sentence of the matter that
follows subparagraph (B) of the first sentence; and
(4) by striking penultimate undesignated paragraph.
SEC. 4. SINGLE FAMILY RISK-SHARING MORTGAGE INSURANCE PROGRAM.
(a) In General.--Title II of the National Housing Act (12 U.S.C.
1707 et seq.) is amended by adding at the end the following new
section:
``single family risk-sharing with state and local agencies
``Sec. 256. (a) Authority.--Notwithstanding any other provision of
this Act inconsistent with this section, the Secretary may insure and
make commitments to insure under this section mortgages on single
family properties under risk-sharing mortgage insurance programs
established with 1 or more States or agencies. Only mortgages executed
in connection with the acquisition of a single family property or for
the refinancing of a mortgage insured under this section shall be
eligible. Under such programs, the Secretary shall insure a portion of
the mortgage and the State or local agency shall insure the remainder.
``(b) Purposes.--The purposes of the program under this section are
(1) to increase the availability of single family mortgage financing in
areas where there is need for mortgage insurance under this Act that
cannot be met due to particularly high average median house prices in
the area, and (2) to foster arrangements with State and local agencies
to share the risk of mortgage insurance.
``(c) Applications.--
``(1) Approval.--The Secretary may approve an application
submitted by a State or local agency to establish a risk-
sharing program under this section, based on a determination
that the State or local agency demonstrates that (A) it has the
legal authority under State law and, where applicable, local
law, to participate in the risk-sharing mortgage insurance
program, (B) it has carried out, or has the potential to carry
out, a financially sound, efficient, and effective mortgage
insurance program, and (C) it has the ongoing administrative
and financial capacity necessary to carry out a program under
this section.
``(2) Cancellation of approval.--For a violation of
requirements and procedures under the risk-sharing agreement
between the State or local agency and the Secretary or for
other good cause, the Secretary may cancel approval of a State
or local agency under this section by giving notice to the
State or local agency. The cancellation shall be effective upon
receipt of the notice by the agency or at a later date
specified by the Secretary. A decision by the Secretary to
cancel approval shall be final and conclusive and shall not be
subject to judicial review.
``(d) Delegation of Authority To Insure to State and Local
Agencies.--Pursuant to a risk-sharing agreement with a State or local
agency, the Secretary shall delegate the authority to insure and make
commitments to insure the portion of mortgages to be insured by the
Secretary under this section to the State or local agency. The risk-
sharing agreement shall contain such other matters as the Secretary and
the State or local agency agree.
``(e) Underwriting Standards and Loan Terms and Conditions.--The
State or local agency shall adopt underwriting standards and loan terms
and conditions for purposes of underwriting loans to be insured under
this section without regard to requirements of this Act other than this
section, section 203(g), and section 203(r)(2), subject to review and
approval by the Secretary.
``(f) Mortgage Insurance Premiums.--
``(1) Requirement.--The State or local agency shall require
the payment of mortgage insurance premiums by mortgagors.
``(2) Shares.--The Secretary shall establish policies and
procedures for the sharing of premiums between the Secretary
and the State or local agency, based on the relative risk to,
and administrative costs of, the Secretary and the State or
local agency. The share paid to the Secretary shall not be less
than an amount necessary to cover the risk to, and
administrative costs of, the Secretary.
``(g) Limitations on Principal Mortgage Amount.--
``(1) Insured portion.--The portion of the mortgage insured
under this section by the Secretary may not exceed an amount
equal to the lesser of (A) 80 percent of the appraised value of
the property, or (B) the maximum amount the Secretary may
insure under section 203(b) of this Act for the area (but not
including any amount for a mortgage insurance premium).
``(2) Total principal amount.--The total principal amount
of a mortgage insured under this section by the Secretary and
the State or local agency (A) shall exceed the maximum amount
the Secretary may insure under subparagraph (A) of the first
sentence of section 203(b)(2) of this Act for the area, and (B)
may not exceed the conforming loan limitation determined under
section 305(a)(2) of the Federal Home Loan Mortgage Corporation
Act for a residence of the applicable size, as adjusted
annually.
``(3) Loan-to-value ratio.--The principal obligation of a
mortgage may not exceed an amount determined in accordance with
subparagraph (B) of the first sentence of section 203(b)(2) of
this Act plus the mortgage insurance premium.
``(4) Refinancing mortgages.--Notwithstanding paragraph
(2)(A) or (3), in the case of refinancing of an existing
mortgage insured under this section, the principal obligation
of a refinancing mortgage may not exceed the outstanding
principal balance of the existing mortgage plus any mortgage
insurance premium.
``(h) Insurance Claims.--
``(1) Procedure.--In the case of a default and foreclosure
of a mortgage insured under this section, the mortgagee may
file a claim with the State or local agency for insurance
benefits in accordance with requirements established by the
State or local agency and approved by the Secretary. The agency
shall pay the full amount of the claim owed to the mortgagee.
If the loss on the insured mortgage exceeds the amount of
insurance by the agency, the Secretary shall reimburse the
agency for the difference.
``(2) General insurance fund.--The insurance of a mortgage
under this section by the Secretary shall be an obligation of
the General Insurance Fund created pursuant to section 519 of
this Act.
``(i) Inapplicability of the Assignment Program.--Section 230 shall
not apply to mortgages insured under the program authorized by this
section.
``(j) Restriction on GNMA Securitization.--The Government National
Mortgage Association shall not securitize any loans insured under this
section.
``(k) Definitions.--As used in this section:
``(1) The term `local agency' means an agency of a unit of
general local government, as defined by the Secretary, that has
the authority to insure mortgages and to participate with the
Secretary in the single family risk-sharing program under this
section, or an agency or instrumentality of a local agency if
the agency or instrumentality has such authority.
``(2) The term `State agency' means an agency of a State
that has the authority to insure mortgages and to participate
with the Secretary in the single family risk-sharing program
under this section, or an agency or instrumentality of a State
agency if the agency or instrumentality has such authority.
``(3) The term `single family property' means a property
upon which there is located a dwelling designed principally for
occupancy by 1 family, and includes a condominium and a
cooperative.
``(4) The term `State' means the several States, the
Commonwealth of Puerto Rico, the District of Columbia, Guam,
the Trust Territory of the Pacific Islands, American Samoa, and
the Virgin Islands.''.
(b) Implementation.--The Secretary of Housing and Urban Development
may implement the program authorized by the amendment made under
subsection (a) by entering into risk-sharing agreements negotiated with
State agencies, notwithstanding any otherwise applicable requirement
for regulations or notice published in the Federal Register and
notwithstanding any otherwise applicable regulations of the Secretary. | FHA Reform Act of 1994 - Amends the National Housing Act to: (1) revise single family housing insurance mortgage limitations; and (2) authorize a single family risk-sharing mortgage insurance program with State and local agencies. | FHA Reform Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors' Retirement Recovery Act of
2002''.
SEC. 2. REPEAL OF 1993 INCOME TAX INCREASE ON SOCIAL SECURITY BENEFITS.
(a) Restoration of Prior Law Formula.--Subsection (a) of section 86
of the Internal Revenue Code of 1986 is amended to read as follows:
``(a) In General.--Gross income for the taxable year of any
taxpayer described in subsection (b) (notwithstanding section 207 of
the Social Security Act) includes Social Security benefits in an amount
equal to the lesser of--
``(1) one-half of the Social Security benefits received
during the taxable year, or
``(2) one-half of the excess described in subsection
(b)(1).''.
(b) Repeal of Adjusted Base Amount.--Subsection (c) of section 86
of such Code is amended to read as follows:
``(c) Base Amount.--For purposes of this section, the term `base
amount' means--
``(1) except as otherwise provided in this subsection,
$25,000,
``(2) $32,000 in the case of a joint return, and
``(3) zero in the case of a taxpayer who--
``(A) is married as of the close of the taxable
year (within the meaning of section 7703) but does not
file a joint return for such year, and
``(B) does not live apart from his spouse at all
times during the taxable year.''.
(c) Conforming Amendments.--
(1) Subparagraph (A) of section 871(a)(3) of such Code is
amended by striking ``85 percent'' and inserting ``50
percent''.
(2)(A) Subparagraph (A) of section 121(e)(1) of the Social
Security Amendments of 1983 (Public Law 98-21) is amended--
(i) by striking ``(A) There'' and inserting
``There'';
(ii) by striking ``(i)'' immediately following
``amounts equivalent to''; and
(iii) by striking ``, less (ii)'' and all that
follows and inserting a period.
(B) Paragraph (1) of section 121(e) of such Act is amended
by striking subparagraph (B).
(C) Paragraph (3) of section 121(e) of such Act is amended
by striking subparagraph (B) and by redesignating subparagraph
(C) as subparagraph (B).
(D) Paragraph (2) of section 121(e) of such Act is amended
in the first sentence by striking ``paragraph (1)(A)'' and
inserting ``paragraph (1)''.
(d) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years beginning after December 31, 2001.
(2) Subsection (c)(1).--The amendment made by subsection
(c)(1) shall apply to benefits paid after December 31, 2001.
(3) Subsection (c)(2).--The amendments made by subsection
(c)(2) shall apply to tax liabilities for taxable years
beginning after December 31, 2001.
(e) Maintenance of Transfers to Hospital Insurance Trust Fund.--
(1) In general.--There are hereby appropriated to the
Hospital Insurance Trust Fund established under section 1817 of
the Social Security Act amounts equal to the reduction in
revenues to the Treasury by reason of the enactment of this
Act. Amounts appropriated by the preceding sentence shall be
transferred from the general fund at such times and in such
manner as to replicate to the extent possible the transfers
which would have occurred to such Trust Fund had this Act not
been enacted.
(2) Reports.--The Secretary of the Treasury or the
Secretary's delegate shall annually report to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate the amounts and timing of
the transfers under this subsection.
SEC. 3. AGE FOR BEGINNING MANDATORY DISTRIBUTIONS INCREASED TO 80.
(a) Qualified Pension Plans.--Subparagraphs (B)(iv) and (C) of
section 401(a)(9) of the Internal Revenue Code of 1986 (relating to
required distributions) are each amended by striking ``70\1/2\'' each
place it appears and inserting ``80''.
(b) Individual Retirement Plans.--
(1) Paragraph (1) of section 219(d) of such Code is
amended--
(A) by striking ``70\1/2\'' in the text and
inserting ``80'', and
(B) by striking ``70\1/2\'' in the heading and
inserting ``80''.
(2) Subsection (b) of section 408 of such Code is amended
by striking ``70\1/2\'' and inserting ``80''.
(c) Roth IRA's.--Paragraph (4) of section 408A(c) of such Code is
amended--
(1) by striking ``70\1/2\'' in the text and inserting
``80'', and
(2) by striking ``70\1/2\'' in the heading and inserting
``80''.
(d) Section 457 Plans.--Clause (i) of section 457(d)(1)(A) of such
Code is amended by striking ``70\1/2\'' and inserting ``80''.
(e) Effective Date.--The amendments made by this section shall
apply to distributions after the date of the enactment of this Act. | Seniors' Retirement Recovery Act of 2002 - Amends the Internal Revenue Code to repeal the 1993 income tax increase on Social Security benefits. Appropriates, from the general fund, to the Hospital Insurance Trust Fund amounts equal to the reduction in revenue lost because of the repeal.Increases the age at which pension and retirement distributions must begin from 70 1/2 to 80. | To amend the Internal Revenue Code of 1986 to repeal the 1993 income tax increase on Social Security benefits and to increase the age at which distributions must commence from certain retirement plans from 70 1/2 to 80. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increased Individual Retirement
Accounts for All Act of 2001''.
SEC. 2. INCREASE IN AMOUNT OF MAXIMUM CONTRIBUTIONS ALLOWABLE TO
DEDUCTIBLE, TRADITIONAL, AND ROTH IRAS.
(a) In General.--Subparagraph (A) of section 219(b)(1) of the
Internal Revenue Code of 1986 (relating to maximum amount of deduction)
is amended by striking ``$2,000'' and inserting ``$5,000''.
(b) Catch-Up Contributions for Individuals 50 or Older.--Subsection
(b) of section 219 of such Code is amended by adding at the end the
following new paragraph:
``(5) Catch-up contributions for individuals 50 or older.--
In the case of an individual who has attained the age of 50
before the close of the taxable year, paragraph (1)(A) shall be
applied by substituting `$7,500' for the dollar amount in
effect under such paragraph. This paragraph shall not apply for
any taxable year in which the dollar amount in effect under
paragraph (1)(A) is equal to or greater than $7,500.''.
(c) Cost-of-Living Adjustment.--Subsection (b) of section 219 of
such Code is amended by adding at the end the following new paragraph:
``(6) Cost-of-living adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2001, the $5,000
amount under paragraph (1) shall be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2000'
for `calendar year 1992' in subparagraph (B)
thereof.
``(ii) Rounding rules.--If any amount after
adjustment under clause (i) is not a multiple
of $500, such amount shall be rounded to the
next higher multiple of $500.''.
(d) Conforming Amendments.--
(1) Section 408(a)(1) of such Code is amended by striking
``in excess of $2,000 on behalf of any individual'' and
inserting ``on behalf of any individual in excess of the amount
in effect for such taxable year under section 219(b)(1)(A)''.
(2) Section 408(b)(2)(B) of such Code is amended by
striking ``$2,000'' and inserting ``the dollar amount in effect
under section 219(b)(1)(A)''.
(3) Section 408(b) of such Code is amended by striking
``$2,000'' in the matter following paragraph (4) and inserting
``the dollar amount in effect under section 219(b)(1)(A)''.
(4) Section 408(j) of such Code is amended by striking
``$2,000''.
(5) Section 408(p)(8) of such Code is amended by striking
``$2,000'' and inserting ``the dollar amount in effect under
section 219(b)(1)(A)''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 3. NONREFUNDABLE CREDIT TO CERTAIN INDIVIDUALS FOR ELECTIVE
DEFERRALS AND IRA CONTRIBUTIONS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
credits) is amended by inserting after section 25A the following new
section:
``SEC. 25B. ELECTIVE DEFERRALS AND IRA CONTRIBUTIONS BY CERTAIN
INDIVIDUALS.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by
this subtitle for the taxable year an amount equal to the
applicable percentage of so much of the qualified retirement
savings contributions of the eligible individual for the
taxable year as do not exceed the dollar amount in effect for
such taxable year under section 219(b)(1)(A).
``(2) Reduction for receipt of certain retirement
distributions.--
``(A) In general.--The amount allowed as a credit
under paragraph (1) shall be reduced (but not below
zero) by the amount the eligible individual received,
with respect to the taxable year, during the testing
period in--
``(i) any distribution from a qualified
retirement plan (as defined in section
4974(c)), or from an eligible deferred
compensation plan (as defined in section
457(b)), which is includible in gross income,
or
``(ii) any distribution from a Roth IRA
which is not a qualified rollover contribution
(as defined in section 408A(e)) to a Roth IRA.
``(B) Testing period.--For purposes of subparagraph
(A), the testing period, with respect to a taxable
year, is the period which includes--
``(i) such taxable year,
``(ii) the 2 preceding taxable years, and
``(iii) the period after such taxable year
and before the due date (without extensions)
for filing the return of tax for such taxable
year.
``(b) Applicable Percentage.--For purposes of this section, the
applicable percentage is the percentage determined in accordance with
the following table:
------------------------------------------------------------------------
Adjusted Gross Income
-------------------------------------------------------------
Joint return Head of a All other cases Applicable
--------------------- household -------------------- percentage
--------------------
Over Not over Over Not over Over Not over
------------------------------------------------------------------------
$0 $20,000 $0 $15,000 $0 $10,000 50
20,000 25,000 15,000 18,750 10,000 12,500 30
25,000 30,000 18,750 22,500 12,500 15,000 25
30,000 35,000 22,500 26,250 15,000 17,500 20
35,000 40,000 26,250 30,000 17,500 20,000 15
40,000 45,000 30,000 33,750 20,000 22,500 10
45,000 50,000 33,750 37,500 22,500 25,000 5
50,000 ......... 37,500 ........ 25,000 ........ 0
------------------------------------------------------------------------
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means any
individual if--
``(A) such individual has attained the age of 18 as
of the close of the taxable year, and
``(B) the compensation (as defined in section
219(f)(1)) includible in the gross income of the
individual (or, in the case of a joint return, of the
taxpayer) for such taxable year is at least $5,000.
``(2) Dependents and full-time students not eligible.--The
term `eligible individual' shall not include--
``(A) any individual with respect to whom a
deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar
year in which such individual's taxable year begins,
and
``(B) any individual who is a student (as defined
in section 151(c)(4)).
``(d) Qualified Retirement Savings Contributions.--For purposes of
this section, the term `qualified retirement savings contributions'
means the sum of--
``(1) the amount of the qualified retirement contributions
(as defined in section 219(e)) for the benefit of the eligible
individual,
``(2) the amount of the elective deferrals (as defined in
section 414(u)(2)(C)) of such individual, and
``(3) the amount of voluntary employee contributions by
such individual to any qualified retirement plan (as defined in
section 4974(c)).
``(e) Special Rules.--
``(1) Treatment of distributions received by spouse of
individual.--For purposes of determining whether an individual
is an eligible individual for any taxable year and for the
reduction under subsection (a)(2), any distribution received by
the spouse of such individual shall be treated as received by
such individual if such individual and spouse file a joint
return for such taxable year and for the taxable year during
which the spouse receives the distribution.
``(2) Adjusted gross income.--For purposes of this section,
adjusted gross income shall be determined without regard to
sections 911, 931, and 933.
``(3) Investment in the contract.--Notwithstanding any
other provision of law, a qualified retirement savings
contribution shall not fail to be included in determining the
investment in the contract for purposes of section 72 by reason
of the credit under this section.
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2005.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25A the
following new item:
``Sec. 25B. Elective deferrals and IRA
contributions by certain
individuals.''.
(c) Reporting Requirements.--
(1) Annual report required.--The Secretary of the Treasury
shall submit an annual report to the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate regarding the number of individuals who
claim the credit under section 25B of the Internal Revenue Code
of 1986 (as added by this section).
(2) Effect of credit on pension coverage.--Not later than 4
years after the date of the enactment of this Act, the
Secretary of the Treasury shall submit a report to the
committees specified in paragraph (1) on the effect of the
credit under section 25B of the Internal Revenue Code of 1986
(as added by this section) on pension coverage of individuals
in the workforce, including expansion of coverage for low- and
moderate-income workers, levels of pension benefits, quality of
coverage, workers' access to and participation in plans, and
retirement security.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000. | Increased Individual Retirement Accounts for All Act of 2001 - Amends the Internal Revenue Code to: (1) increase the annual limitation on deductible contributions to individual retirement accounts (IRAs) to $5,000 and provide a cost-of-living adjustment to such amount; (2) provide for increased "catch-up" contributions for individuals aged 50 or older; and (3) until December 31, 2005, allow a nonrefundable credit to certain individuals for elective deferrals and IRA contributions. | To amend the Internal Revenue Code of 1986 to increase the annual limitation on deductible contributions to individual retirement accounts to $5,000, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medigap Amendments of 1996''.
SEC. 2. MEDIGAP AMENDMENTS.
(a) Guaranteeing Issue Without Preexisting Conditions for
Continuously Covered Individuals.--Section 1882(s) of the Social
Security Act (42 U.S.C. 1395ss(s)) is amended--
(1) in paragraph (3), by striking ``paragraphs (1) and
(2)'' and inserting ``this subsection'',
(2) by redesignating paragraph (3) as paragraph (4), and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) The issuer of a Medicare supplemental policy--
``(i) may not deny or condition the issuance or
effectiveness of a Medicare supplemental policy described in
subparagraph (C);
``(ii) may not discriminate in the pricing of the policy on
the basis of the individual's health status, medical condition
(including both physical and mental illnesses), claims
experience, receipt of health care, medical history, genetic
information, evidence of insurability (including conditions
arising out of acts of domestic violence), or disability; and
``(iii) may not impose an exclusion of benefits based on a
pre-existing condition,
in the case of an individual described in subparagraph (B) who seeks to
enroll under the policy not later than 63 days after the date of the
termination of enrollment described in such subparagraph.
``(B) An individual described in this subparagraph is an individual
described in any of the following clauses:
``(i) The individual is enrolled with an eligible
organization under a contract under section 1876 or with an
organization under an agreement under section 1833(a)(1)(A) and
such enrollment ceases either because the individual moves
outside the service area of the organization under the contract
or agreement or because of the termination or nonrenewal of the
contract or agreement.
``(ii) The individual is enrolled with an organization
under a policy described in subsection (t) and such enrollment
ceases either because the individual moves outside the service
area of the organization under the policy, because of the
bankruptcy or insolvency of the insurer, or because the insurer
closes the block of business to new enrollment.
``(iii) The individual is covered under a medicare
supplemental policy and such coverage is terminated because of
the bankruptcy or insolvency of the insurer issuing the policy,
because the insurer closes the block of business to new
enrollment, or because the individual changes residence so that the
individual no longer resides in a State in which the issuer of the
policy is licensed.
``(iv) The individual is enrolled under an employee welfare
benefit plan that provides health benefits that supplement the
benefits under this title and the plan terminates or ceases to
provide (or significantly reduces) such supplemental health
benefits to the individual.
``(v)(I) The individual is enrolled with an eligible
organization under a contract under section 1876 or with an
organization under an agreement under section 1833(a)(1)(A) and
such enrollment is terminated by the enrollee during the first
12 months of such enrollment, but only if the individual never
was previously enrolled with an eligible organization under a
contract under section 1876 or with an organization under an
agreement under section 1833(a)(1)(A).
``(II) The individual is enrolled under a policy described
in subsection (t) and such enrollment is terminated during the
first 12 months of such enrollment, but only if the individual
never was previously enrolled under such a policy under such
subsection.
``(C)(i) Subject to clause (ii), a medicare supplemental policy
described in this subparagraph, with respect to an individual described
in subparagraph (B), is a policy the benefits under which are
comparable or lesser in relation to the benefits under the enrollment
described in subparagraph (B) (or, in the case of an individual
described in clause (ii), under the most recent medicare supplemental
policy described in clause (ii)(II)).
``(ii) An individual described in this clause is an individual
who--
``(I) is described in subparagraph (B)(v), and
``(II) was enrolled in a medicare supplemental policy
within the 63 day period before the enrollment described in
such subparagraph.
``(iii) As a condition for approval of a State regulatory program
under subsection (b)(1) and for purposes of applying clause (i) to
policies to be issued in the State, the regulatory program shall
provide for the method of determining whether policy benefits are
comparable or lesser in relation to other benefits. With respect to a
State without such an approved program, the Secretary shall establish
such method.
``(D) At the time of an event described in subparagraph (B) because
of which an individual ceases enrollment or loses coverage or benefits
under a contract or agreement, policy, or plan, the organization that
offers the contract or agreement, the insurer offering the policy, or
the administrator of the plan, respectively, shall notify the
individual of the rights of the individual, and obligations of issuers
of medicare supplemental policies, under subparagraph (A).''.
(b) Limitation on Imposition of Preexisting Condition Exclusion
During Initial Open Enrollment Period.--Section 1882(s)(2)(B) of such
Act (42 U.S.C. 1395ss(s)(2)(B)) is amended to read as follows:
``(B) In the case of a policy issued during the 6-month period
described in subparagraph (A), the policy may not exclude benefits
based on a pre-existing condition.''.
(c) Clarifying the Nondiscrimination Requirements During the 6-
Month Initial Enrollment Period.--Section 1882(s)(2)(A) of such Act (42
U.S.C. 1395ss(s)(2)(A)) is amended to read as follows:
``(2)(A)(i) In the case of an individual described in clause (ii),
the issuer of a medicare supplemental policy--
``(I) may not deny or condition the issuance or
effectiveness of a medicare supplemental policy, and
``(II) may not discriminate in the pricing of the policy on
the basis of the individual's health status, medical condition
(including both physical and mental illnesses), claims
experience, receipt of health care, medical history, genetic
information, evidence of insurability (including conditions
arising out of acts of domestic violence), or disability.
``(ii) An individual described in this clause is an individual for
whom an application is submitted before the end of the 6-month period
beginning with the first month as of the first day on which the
individual is 65 years of age or older and is enrolled for benefits
under part B.''.
(d) Extending 6-Month Initial Enrollment Period to Non-Elderly
Medicare Beneficiaries.--Section 1882(s)(2)(A)(ii) of such Act (42
U.S.C. 1395ss(s)(2)(A)), as amended by subsection (c), is amended by
striking ``is submitted'' and all that follows and inserting the
following: ``is submitted--
``(I) before the end of the 6-month period beginning with
the first month as of the first day on which the individual is
65 years of age or older and is enrolled for benefits under
part B; and
``(II) for each time the individual becomes eligible for
benefits under part A pursuant to section 226(b) or 226A and is
enrolled for benefits under part B, before the end of the 6-
month period beginning with the first month as of the first day
on which the individual is so eligible and so enrolled.''.
(e) Effective Dates.--
(1) Guaranteed issue.--The amendment made by subsection (a)
shall take effect on July 1, 1997.
(2) Limit on preexisting condition exclusions.--The
amendment made by subsection (b) shall apply to policies issued
on or after July 1, 1997.
(3) Clarification of nondiscrimination requirements.--The
amendment made by subsection (c) shall apply to policies issued
on or after July 1, 1997.
(4) Extension of enrollment period to disabled
individuals.--
(A) In general.--The amendment made by subsection
(d) shall take effect on July 1, 1997.
(B) Transition rule.--In the case of an individual
who first became eligible for benefits under part A of
title XVIII of the Social Security Act pursuant to
section 226(b) or 226A of such Act and enrolled for
benefits under part B of such title before July 1,
1997, the 6-month period described in section
1882(s)(2)(A) of such Act shall begin on July 1, 1997.
Before July 1, 1997, the Secretary of Health and Human
Services shall notify any individual described in the
previous sentence of their rights in connection with
medicare supplemental policies under section 1882 of
such Act, by reason of the amendment made by subsection
(d).
(f) Transition Provisions.--
(1) In general.--If the Secretary of Health and Human
Services identifies a State as requiring a change to its
statutes or regulations to conform its regulatory program to
the changes made by this section, the State regulatory program
shall not be considered to be out of compliance with the
requirements of section 1882 of the Social Security Act due
solely to failure to make such change until the date specified
in paragraph (4).
(2) NAIC standards.--If, within 9 months after the date of
the enactment of this Act, the National Association of
Insurance Commissioners (in this subsection referred to as the
``NAIC'') modifies its NAIC Model Regulation relating to
section 1882 of the Social Security Act (referred to in such
section as the 1991 NAIC Model Regulation, as modified pursuant
to section 171(m)(2) of the Social Security Act Amendments of
1994 (Public Law 103-432) and as modified pursuant to section
1882(d)(3)(A)(vi)(IV) of the Social Security Act, as added by
section 271(a) of the Health Care Portability and
Accountability Act of 1996 (Public Law 104-191) to conform to
the amendments made by this section, such revised regulation
incorporating the modifications shall be considered to be the
applicable NAIC model regulation (including the revised NAIC
model regulation and the 1991 NAIC Model Regulation) for the
purposes of such section.
(3) Secretary standards.--If the NAIC does not make the
modifications described in paragraph (2) within the period
specified in such paragraph, the Secretary of Health and Human
Services shall make the modifications described in such
paragraph and such revised regulation incorporating the
modifications shall be considered to be the appropriate
Regulation for the purposes of such section.
(4) Date specified.--
(A) In general.--Subject to subparagraph (B), the
date specified in this paragraph for a State is the
earlier of--
(i) the date the State changes its statutes
or regulations to conform its regulatory
program to the changes made by this section, or
(ii) 1 year after the date the NAIC or the
Secretary first makes the modifications under
paragraph (2) or (3), respectively.
(B) Additional legislative action required.--In the
case of a State which the Secretary identifies as--
(i) requiring State legislation (other than
legislation appropriating funds) to conform its
regulatory program to the changes made in this
section, but
(ii) having a legislature which is not
scheduled to meet in 1998 in a legislative
session in which such legislation may be
considered,
the date specified in this paragraph is the first day
of the first calendar quarter beginning after the close
of the first legislative session of the State
legislature that begins on or after July 1, 1998. 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. INFORMATION FOR MEDICARE BENEFICIARIES.
(a) Grant program.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') is
authorized to provide grants to--
(A) private, independent, non-profit consumer
organizations, and
(B) State agencies,
to conduct programs to prepare and make available to medicare
beneficiaries comprehensive and understandable information on
enrollment in health plans with a medicare managed care
contract and in medicare supplemental policies in which they
are eligible to enroll. Nothing in this section shall be
construed as preventing the Secretary from making a grant to an
organization under this section to carry out activities for
which a grant may be made under section 4360 of the Omnibus
Budget Reconciliation Act of 1990 (Public Law 101-508).
(2) Consumer satisfaction surveys.--Any eligible
organization with a medicare managed care contract or any
issuer of a medicare supplemental policy shall--
(A) conduct, in accordance with minimum standards
approved by the Secretary, a consumer satisfaction
survey of the enrollees under such contract or such
policy; and
(B) make the results of such survey available to
Secretary and the State Insurance Commissioner of the
State in which the enrollees are so enrolled.
The Secretary shall make the results of such surveys available
to organizations which receive grants under paragraph (1).
(3) Information.--
(A) Contents.--The information described in
paragraph (1) shall include at least a comparison of
such contracts and policies, including a comparison of
the benefits provided, quality and performance, the
costs to enrollees, the results of consumer
satisfaction surveys on such contracts and policies, as
described in subsection (a)(2), and such additional
information as the Secretary may prescribe.
(B) Information standards.--The Secretary shall
develop standards and criteria to ensure that the
information provided to medicare beneficiaries under a
grant under this section is complete, accurate, and
uniform.
(C) Review of information.--The Secretary may
prescribe the procedures and conditions under which an
organization that has obtained a grant under this
section may furnish information obtained under the
grant to medicare beneficiaries. Such information shall
be submitted to the Secretary at least 45 days before
the date the information is first furnished to such
beneficiaries.
(4) Consultation with other organizations and providers.--
An organization which receives a grant under paragraph (1)
shall consult with private insurers, managed care plan
providers and other health care providers, and public and
private purchasers of health care benefits in order to provide
the information described in paragraph (1).
(5) Terms and conditions.--To be eligible for a grant under
this section, an organization shall prepare and submit to the
Secretary an application at such time, in such form, and
containing such information as the Secretary may require.
Grants made under this section shall be in accordance with
terms and conditions specified by the Secretary.
(b) Cost-Sharing.--
(1) In general.--Each organization which provides a
medicare managed care contract or issues a medicare
supplemental policy (including a medicare select policy) shall
pay to the Secretary its pro rata share (as determined by the
Secretary) of the estimated costs to be incurred by the
Secretary in providing the grants described in subsection (a).
(2) Limitation.--The total amount required to be paid under
paragraph (1) shall not exceed $35,000,000 in any fiscal year.
(3) Application of proceeds.--Amounts received under
paragraph (1) are hereby appropriated to the Secretary to
defray the costs described in such paragraph and shall remain
available until expended.
(c) Definitions.--In this section:
(1) Medicare managed care contract.--The term ``medicare
managed care contract'' means a contract under section 1876 or
section 1833(a)(1)(A) of the Social Security Act.
(2) Medicare supplemental policy.--The term ``medicare
supplemental policy'' has the meaning given such term in
section 1882(g) of the Social Security Act. | Medigap Amendments of 1996 - Amends title XVIII (Medicare) of the Social Security Act with respect to certification of Medicare supplemental health insurance policies, particularly coverage for pre-existing conditions, providing for additional consumer protections for certain individuals whose enrollment with an eligible organization ceases for one or more specified reasons. Prohibits a Medicare supplemental policy issuer from denying or conditioning a policy to such an individual, from imposing preexisting condition exclusions, and from discriminating in pricing because of the individual's health, claims experience, or disability in the case of such an individual who has had continuous coverage (with no break longer than 63 days), if the policy in which the individual wishes to enroll has a comparable or less generous benefits package.
Revises the prohibition against an insurer's excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare. Extends the six-month initial enrollment period to non-elderly Medicare beneficiaries.
Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medicare supplemental policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medicare supplemental policy to: (1) conduct a consumer satisfaction survey of the enrollees under such contract or such policy; and (2) make the survey results available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medicare supplemental policy to pay to the Secretary its pro rata share of the estimated costs to be incurred by the Secretary in providing the grants. Makes necessary appropriations. | Medigap Amendments of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World War I Memorial Act of 2014''.
SEC. 2. DESIGNATION OF NATIONAL WORLD WAR I MUSEUM AND MEMORIAL IN
KANSAS CITY, MISSOURI.
(a) Designation.--The Liberty Memorial of Kansas City at America's
National World War I Museum in Kansas City, Missouri, is hereby
designated as the ``National World War I Museum and Memorial''.
(b) Ceremonies.--The World War I Centennial Commission (in this Act
referred to as the ``Commission'') may plan, develop, and execute
ceremonies to recognize the designation of the Liberty Memorial of
Kansas City as the National World War I Museum and Memorial.
SEC. 3. REDESIGNATION OF PERSHING PARK IN THE DISTRICT OF COLUMBIA AS
THE NATIONAL WORLD WAR I MEMORIAL AND ENHANCEMENT OF
COMMEMORATIVE WORK.
(a) Redesignation.--Pershing Park in the District of Columbia is
hereby redesignated as the ``National World War I Memorial''.
(b) Ceremonies.--The Commission may plan, develop, and execute
ceremonies for the rededication of Pershing Park, as it approaches its
50th anniversary, as the National World War I Memorial and for the
enhancement of the General Pershing Commemorative Work as authorized by
subsection (c).
(c) Authority To Enhance Commemorative Work.--
(1) In general.--The Commission may enhance the General
Pershing Commemorative Work by constructing on the land
designated by subsection (a) as the National World War I
Memorial appropriate sculptural and other commemorative
elements, including landscaping, to further honor the service
of members of the United States Armed Forces in World War I.
(2) General pershing commemorative work defined.--The term
``General Pershing Commemorative Work'' means the memorial to
the late John J. Pershing, General of the Armies of the United
States, who commanded the American Expeditionary Forces in
World War I, and to the officers and men under his command, as
authorized by Public Law 89-786 (80 Stat. 1377).
(d) Compliance With Standards for Commemorative Works.--
(1) In general.--Except as provided in paragraph (2),
chapter 89 of title 40, United States Code, applies to the
enhancement of the General Pershing Commemorative Work under
subsection (c).
(2) Waiver of certain requirements.--
(A) Site selection for memorial.--Section 8905 of
such title does not apply with respect to the selection
of the site for the National World War I Memorial.
(B) Conditions applicable to area i.--Section
8908(b) of such title does not apply to the National
World War I Memorial concerning Pershing Park.
(e) No Infringement Upon Existing Memorial.--The National World War
I Memorial may not interfere with or encroach on the District of
Columbia War Memorial.
(f) Deposit of Excess Funds.--
(1) Use for other world war i commemorative activities.--
If, upon payment of all expenses for the enhancement of the
General Pershing Commemorative Work under subsection (c)
(including the maintenance and preservation amount required by
section 8906(b)(1) of title 40, United States Code), there
remains a balance of funds received for such purpose, the
Commission may use the amount of the balance for other
commemorative activities authorized under the World War I
Centennial Commission Act (Public Law 112-272; 126 Stat. 2448).
(2) Use for other commemorative works.--If the authority
for enhancement of the General Pershing Commemorative Work and
the authority of the Commission to plan and conduct
commemorative activities under the World War I Centennial
Commission Act have expired and there remains a balance of
funds received for the enhancement of the General Pershing
Commemorative Work, the Commission shall transmit the amount of
the balance to a separate account with the National Park
Foundation, to be available to the Secretary of the Interior
following the process provided in section 8906(b)(4) of title
40, United States Code, for accounts established under section
8906(b)(3) of such title.
(g) Authorization To Complete Construction After Termination of
Commission.--Section 8 of the World War I Centennial Commission Act
(Public Law 112-272) is amended--
(1) in subsection (a), by striking ``The Centennial
Commission'' and inserting ``Except as provided in subsection
(c), the Centennial Commission''; and
(2) by adding at the end the following new subsection:
``(c) Exception for Completion of National World War I Memorial.--
The Centennial Commission may perform such work as is necessary to
complete the rededication of the National World War I Memorial and
enhancement of the General Pershing Commemorative Work under section 3
of the World War I Memorial Act of 2014, subject to section 8903 of
title 40, United States Code.''.
SEC. 4. ADDITIONAL AMENDMENTS TO WORLD WAR I CENTENNIAL COMMISSION ACT.
(a) Ex Officio and Other Advisory Members.--Section 4 of the World
War I Centennial Commission Act (Public Law 112-272; 126 Stat. 2449) is
amended by adding at the end the following new subsection:
``(e) Ex Officio and Other Advisory Members.--
``(1) Powers.--The individuals listed in paragraphs (2) and
(3), or their designated representative, shall serve on the
Centennial Commission solely to provide advice and information
to the members of the Centennial Commission appointed pursuant
to subsection (b)(1), and shall not be considered members for
purposes of any other provision of this Act.
``(2) Ex officio members.--The following individuals shall
serve as ex officio members:
``(A) The Archivist of the United States.
``(B) The Librarian of Congress.
``(C) The Secretary of the Smithsonian Institution.
``(D) The Secretary of State.
``(E) The Secretary of Veterans Affairs.
``(F) The Administrator of General Services.
``(3) Other advisory members.--The following individuals
shall serve as other advisory members:
``(A) Four members appointed by the Secretary of
Defense in the following manner: One from the Navy, one
from the Marine Corps, one from the Army, and one from
the Air Force.
``(B) Two members appointed by the Secretary of
Homeland Security in the following manner: One from the
Coast Guard and one from the United States Secret
Service.
``(C) Two members appointed by the Secretary of the
Interior, including one from the National Parks
Service.
``(4) Vacancies.--A vacancy in a member position under
paragraph (3) shall be filled in the same manner in which the
original appointment was made.''.
(b) Payable Rate of Staff.--Section 7(c)(2) of such Act (Public Law
112-272; 126 Stat. 2451) is amended--
(1) in subparagraph (A), by striking the period at the end
and inserting ``, without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification and General Schedule pay
rates.''; and
(2) in subparagraph (B), by striking ``level IV'' and
inserting ``level II''.
(c) Limitation on Obligation of Federal Funds.--
(1) Limitation.--Section 9 of such Act (Public Law 112-272;
126 Stat. 2453) is amended to read as follows:
``SEC. 9. LIMITATION ON OBLIGATION OF FEDERAL FUNDS.
``No Federal funds may be obligated or expended for the
designation, establishment, or enhancement of a memorial or
commemorative work by the World War I Centennial Commission.''.
(2) Conforming amendment.--Section 7(f) of such Act (Public
Law 112-272; 126 Stat. 2452) is repealed.
(3) Clerical amendment.--The item relating to section 9 in
the table of contents of such Act (Public Law 112-272; 126
Stat. 2448) is amended to read as follows:
``Sec. 9. Limitation on obligation of Federal funds.''. | World War I Memorial Act of 2014 - Designates the Liberty Memorial of Kansas City at America's National World War I Museum in Kansas City, Missouri, as the National World War I Museum and Memorial. Redesignates Pershing Park in the District of Columbia as the National World War I Memorial (Memorial). Authorizes the World War I Centennial Commission (Commission) to plan, develop, and execute ceremonies to recognize the above designation and redesignation and to enhance the General Pershing Commemorative Work by constructing appropriate sculptural and other elements on the Memorial. Amends the World War I Centennial Commission Act to: (1) allow for completion of construction at the Memorial after termination of the Commission, and (2) revise provisions concerning Commission members and pay rates. Prohibits any federal funds from being obligated or expended for the designation, establishment, or enhancement of a memorial or commemorative work by the Commission. | World War I Memorial Act of 2014 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Catalyst to Better
Diabetes Care Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; findings.
Sec. 2. Medicare diabetes screening collaboration and outreach program.
Sec. 3. Advisory group regarding diabetes and chronic illness employee
wellness incentivization and disease
management best practices.
Sec. 4. National Diabetes Report Card.
Sec. 5. Improvement of vital statistics collection.
Sec. 6. Study on appropriate level of diabetes medical education.
(c) Findings.--The Congress finds as follows:
(1) Diabetes is a chronic public health problem in the
United States that is getting worse.
(2) According to the Centers for Disease Control and
Prevention:
(A) One in three Americans born in 2000 will get
diabetes.
(B) One in two Hispanic females born in 2000 will
get diabetes.
(C) 1,500,000 new cases of diabetes were diagnosed
in adults in 2005.
(D) In 2005, 20,800,000 Americans had diabetes,
which is 7 percent of the population of the United
States.
(E) 6,200,000 Americans are currently undiagnosed.
(F) About one in every 500 children and adolescents
have type 1 diabetes.
(G) African-Americans are nearly twice as likely as
whites to have diabetes.
(H) Nearly 13 percent of American Indians and
Alaska Natives over 20 years old have diagnosed
diabetes.
(I) In States with significant Asian populations,
Asians were 1.5 to 2 times as likely as whites to have
diagnosed diabetes.
(3) Diabetes carries staggering costs:
(A) In 2002, the total amount of the direct and
indirect costs of diabetes was estimated at
$132,000,000,000 according to the American Diabetes
Association.
(B) 18 percent of the Medicare population has
diabetes but spending on this group of people consumes
32 percent of the Medicare budget according to the
Center for Medicare & Medicaid Services.
(4) Diabetes is deadly. According to the Centers for
Disease Control and Prevention:
(A) In 2002, according to death certificate
reports, diabetes contributed to an official number of
224,092 deaths.
(B) Diabetes is likely to be seriously
underreported as studies have found that only 35
percent to 40 percent of decedents with diabetes had it
listed anywhere on the death certificate and only about
10 percent to 15 percent had it listed as the
underlying cause of death.
(5) Diabetes complications carry staggering economic and
human costs for our country and health system:
(A) According to death certificate reports,
diabetes contributes to over 224,000 deaths a year,
although this number is likely vastly underreported.
(B) The risk for stroke is 2 to 4 times higher
among people with diabetes.
(C) Diabetes is the leading cause of new blindness
in America, causing approximately 18,000 new cases of
blindness each year.
(D) Diabetes is the leading cause of kidney failure
in America, accounting for 44 percent of new cases in
2002.
(E) In 2002, 44,400 Americans with diabetes began
treatment for end-stage kidney disease and a total of
153,730 were living on chronic dialysis or with a
kidney transplant as a result of their diabetes.
(F) In 2002, approximately 82,000 amputations were
performed on Americans with diabetes.
(G) Poorly controlled diabetes before conception
and during the first trimester of pregnancy can cause
major birth defects in 5 percent to 10 percent of
pregnancies and spontaneous abortions in 15 percent to
20 percent of pregnancies.
(6) Diabetes is unique because many of its complications
and tremendous costs are largely preventable through early
detection, better education on diabetes self-management, and
improved delivery of available medical treatment:
(A) According to the Agency for Healthcare Research
and Quality, appropriate primary care for diabetes
complications could have saved the Medicare and
Medicaid programs $2,500,000,000 in hospital costs in
2001 alone.
(B) According to the Diabetes Prevention Project
sponsored by the National Institutes of Health,
lifestyle interventions such as diet and moderate
physical activity for those with prediabetes reduced
the development of diabetes by 58 percent; among
Americans aged 60 and over, lifestyle interventions
reduced diabetes by 71 percent.
(C) Research shows detecting and treating diabetic
eye disease can reduce the development of severe vision
loss by 50 percent to 60 percent.
(D) Research shows comprehensive foot care programs
can reduce amputation rates by 45 percent to 85
percent.
(E) Research shows detecting and treating early
diabetic kidney disease by lowering blood pressure can
reduce the decline in kidney function by 30 percent to
70 percent.
SEC. 2. MEDICARE DIABETES SCREENING COLLABORATION AND OUTREACH PROGRAM.
(a) Establishment.--With respect to diabetes screening tests
provided for under the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173) and for the purposes of
reducing the number of undiagnosed beneficiaries with diabetes or
prediabetes in the Medicare program, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary''), in
collaboration with the Director of the Centers for Disease Control and
Prevention (in this section referred to as the ``Director''), shall--
(1) review uptake and utilization of the diabetes screening
benefit to identify and address any existing problems with
regard to utilization and data collection mechanisms to
accurately track uptake;
(2) establish an outreach program to identify existing
efforts by agencies and by the private and nonprofit sectors to
increase awareness among Medicare beneficiaries and providers
of the diabetes screening benefit; and
(3) maximize economies of scale, cost effectiveness, and
resource allocation in increasing utilization of the diabetes
screening benefit.
(b) Consultation.--In carrying out this section, the Secretary and
the Director shall consult with--
(1) various units of the Federal Government, including the
Centers for Medicare & Medicaid Services, the Surgeon General
of the Public Health Service, the Agency for Healthcare
Research and Quality, the Health Resources and Services
Administration, and the National Institutes of Health; and
(2) entities with an interest in diabetes, including
industry, voluntary health organizations, trade associations,
and professional societies.
SEC. 3. ADVISORY GROUP REGARDING DIABETES AND CHRONIC ILLNESS EMPLOYEE
WELLNESS INCENTIVIZATION AND DISEASE MANAGEMENT BEST
PRACTICES.
(a) Establishment.--The Secretary of Commerce shall establish an
advisory group consisting of representatives of the public and private
sector. The advisory group shall include representatives from the
Department of Commerce, the Department of Health and Human Services,
the Small Business Administration, and public and private sector
entities with experience in administering and operating employee
wellness and disease management programs.
(b) Duties.--The advisory group established under subsection (a)
shall examine and make recommendations of best practices of chronic
illness employee wellness incentivization and disease management
programs in order to--
(1) provide public and private sector entities with
improved information in assessing the role of employee wellness
incentivization and disease management programs in saving money
and improving quality of life for patients with chronic
illnesses; and
(2) encourage the adoption of effective chronic illness
employee wellness and disease management programs.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the advisory group established under subsection (a) shall
submit to the Secretary of Health and Human Services, the Speaker and
Minority Leader of the House of Representatives, and the Majority
Leader and Minority Leader of the Senate, the results of the
examination under subsection (b)(1).
SEC. 4. NATIONAL DIABETES REPORT CARD.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in collaboration
with the Director of the Centers for Disease Control and Prevention
(referred to in this section as the ``Director''), shall prepare on a
biennial basis a national diabetes report card (referred to in this
section as a ``Report Card'') for the Nation and, to the extent
possible, for each State.
(b) Contents.--
(1) In general.--Each Report Card shall include
statistically valid aggregate health outcomes related to
individuals diagnosed with diabetes and prediabetes including--
(A) preventative care practices and quality of
care;
(B) risk factors; and
(C) outcomes.
(2) Updated reports.--Each Report Card that is prepared
after the initial Report Card shall include trend analysis for
the Nation and, to the extent possible, for each State, for the
purpose of--
(A) tracking progress in meeting established
national goals and objectives for improving diabetes
care, costs, and prevalence (including Healthy People
2010); and
(B) informing policy and program development.
(c) Availability.--The Secretary, in collaboration with the
Director, shall make each Report Card publicly available, including by
posting the Report Card on the Internet.
SEC. 5. IMPROVEMENT OF VITAL STATISTICS COLLECTION.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting through the
Director of the Centers for Disease Control and Prevention and in
collaboration with appropriate agencies and States, shall--
(1) promote the education and training of physicians on the
importance of birth and death certificate data and how to
properly complete these documents, including the collection of
such data for diabetes and other chronic diseases;
(2) encourage State adoption of the latest standard
revisions of birth and death certificates; and
(3) work with States to re-engineer their vital statistics
systems in order to provide cost-effective, timely, and
accurate vital systems data.
(b) Death Certificate Additional Language.--In carrying out this
section, the Secretary may promote the addition of language to death
certificates to improve collection of diabetes mortality data,
including the addition of a question for the individual certifying to
the cause of death regarding whether the deceased had diabetes.
SEC. 6. STUDY ON APPROPRIATE LEVEL OF DIABETES MEDICAL EDUCATION.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall, in collaboration
with the Institute of Medicine and appropriate associations and
councils, conduct a study of the impact of diabetes on the practice of
medicine in the United States and the appropriateness of the level of
diabetes medical education that should be required prior to licensure,
board certification, and board recertification.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall submit a report on the study under
subsection (a) to the Committees on Ways and Means and Energy and
Commerce of the House of Representatives and the Committees on Finance
and Health, Education, Labor, and Pensions of the Senate. | Catalyst to Better Diabetes Care Act of 2007 - Requires the Secretary of Health and Human Services (the Secretary) to: (1) review uptake and utilization of the Medicare diabetes screening benefit; (2) establish an outreach program to identify existing efforts to increase awareness of the diabetes screening benefit among Medicare beneficiaries and providers; and (3) maximize economies of scale, cost-effectiveness, and resource allocation in increasing utilization of the diabetes screening benefit.
Requires the Secretary of Commerce to establish an advisory group to examine and recommend best practices of chronic illness employee wellness incentivization and disease management programs.
Directs the Secretary to prepare, biennially, a diabetes report card for the nation and for each state.
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) promote the education and training of physicians on how to properly complete birth and death certificates and the importance of such data; (2) encourage state adoption of the latest standard revisions of birth and death certificates; and (3) work with states to reengineer their vital statistics systems to provide cost-effective, timely, and vital systems data. Allows the Secretary to promote the addition to death certificates of language to improve the collection of diabetes mortality data.
Requires the Secretary to conduct a study of the impact of diabetes on the practice of medicine in the United Sates and the level of diabetes medical education that should be required prior to licensure, board certification, and board recertification. | To catalyze change in the care and treatment of diabetes in the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Citizens Housing Safety
Act''.
SEC. 2. LIMITATION ON OCCUPANCY IN PUBLIC HOUSING DESIGNATED FOR
ELDERLY FAMILIES.
Section 7(a) of the United States Housing Act of 1937 (42 U.S.C.
1437e(a)) is amended--
(1) in paragraph (1), by striking ``Notwithstanding any
other provision of law'' and inserting ``Subject only to the
provisions of this subsection'';
(2) in paragraph (4), by inserting ``, except as provided
in paragraph (5)'' before the period at the end; and
(3) by adding at the end the following new paragraph:
``(5) Limitation on occupancy in projects for elderly
families.--
``(A) Occupancy limitation.--Notwithstanding any
other provision of law, a dwelling unit in a project
(or portion of a project) that is designated under
paragraph (1) for occupancy by only elderly families or
by only elderly and disabled families shall not be
occupied by--
``(i) any person with disabilities who is
not an elderly person and whose use (or history
of use) of drugs or alcohol constitutes a
disability; or
``(ii) any person who is not an elderly
person whose use of drugs or alcohol (or
history of such use) provides reasonable cause
for the agency to believe that the occupancy by
such person may interfere with the health,
safety, or right to peaceful enjoyment of the
premises by other tenants.
``(B) Required statement.--A public housing agency
may not make a dwelling unit in such a project
available for occupancy to any person or family who is
not an elderly family, unless the agency acquires from
the person or family a signed statement that no person
who will be occupying the unit uses (or has a history
of use) of drugs or alcohol that would interfere with
the health, safety, or right to peaceful enjoyment of
the premises by other tenants.''.
SEC. 3. LEASE PROVISIONS.
Section 6(l) of the United States Housing Act of 1937 (42 U.S.C.
1437d(l)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) following new
paragraph:
``(6) provide that any violation of the provisions of
section 7(a)(5)(A) or the furnishing of any false or misleading
information pursuant to section 7(a)(5)(B) shall be cause for
termination of tenancy; and''.
SEC. 4. PROVISION OF SECTION 8 ASSISTANCE TO MOVE NONELDERLY TENANTS
HAVING DRUG OR ALCOHOL USE PROBLEMS FROM PUBLIC HOUSING
DESIGNATED FOR ELDERLY FAMILIES.
(a) In General.--Section 7(c) of the United States Housing Act of
1937 is amended to read as follows:
``(c) Limitations on Evictions.--
``(1) In general.--Except as provided in paragraph (2), any
tenant who is lawfully residing in a dwelling unit in a public
housing project may not be evicted or otherwise required to
vacate such unit because of the designation of the project (or
a portion of the project) pursuant to this section or because
of any action taken by the Secretary of Housing and Urban
Development or any public housing agency pursuant to this
section.
``(2) Eviction of nonelderly tenants having drug or alcohol
use problems in housing designated for elderly families.--A
tenant in a project (or portion of a project) that is
designated under subsection (a)(1) for occupancy by only
elderly families or by only elderly and disabled families shall
be evicted under this paragraph if--
``(A) the tenant's household includes a person
described in clause (i) or (ii) of subsection
(a)(5)(A); and
``(B) upon termination of the tenant's tenancy in
the project, the public housing agency provides rental
assistance under section 8 on behalf of the tenant.''.
(b) Preference for Section 8 Assistance.--
(1) Certificates.--Section 8(d)(1)(A)(i) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)(i)) is
amended by inserting after ``income for rent,'' the following:
``are required to be evicted under section 7(c)(2) if
assistance under this section is provided on behalf of the
family,''.
(2) Vouchers.--The first sentence of section 8(o)(3)(B) of
the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(3)(B)) is amended by inserting after ``displaced,''
the following: ``are required to be evicted under section
7(c)(2) if assistance under this section is provided on behalf
of the family,''. | Senior Citizens Housing Safety Act - Amends the United States Housing Act of 1937 to prohibit persons with drug or alcohol problems from occupying dwelling units in assisted housing designated for elderly families. | Senior Citizens Housing Safety Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Taiwan Anti-Ballistic
Missile Defense Cooperation Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The stability and security of Taiwan and the balance of
power in the Taiwan Strait are key elements for the continued
peace and stability of the greater Asia-Pacific region, and the
indefinite continuation of such stability and security and
balance of power is in the vital national security interest of
the United States.
(2) The People's Republic of China is currently engaged in
a comprehensive military modernization campaign that is
enhancing the power-projection capabilities of the People's
Liberation Army, including the introduction of advanced
ballistic and cruise missiles that could alter the current
balance of power in the Taiwan Strait and in the greater Asia-
Pacific region.
(3) The current lack of transparency in the People's
Republic of China military infrastructure and its associated
defense establishment and the opaqueness of the comprehensive
efforts of the People's Liberation Army to modernize its
ballistic and cruise missile programs could spark a regional
arms race that would destabilize the East Asia and Western
Pacific regions and threaten vital United States national
security interests.
(4) In March 1996, the People's Liberation Army created a
temporary, but de facto, blockade of both the international
shipping lanes of the Taiwan Strait and the international
airspace around Taiwan by conducting live-fire military
exercises which included the launch of several advanced,
nuclear-capable M-9 ballistic missiles to target areas close to
major ports in both the northern and southern areas of Taiwan.
(5) In March 1996, the locations of People's Liberation
Army military activities and M-9 missile target areas nearby to
Taiwan's two largest ports, Keelung and Kaohsiung, created a de
facto blockade of the Taiwan Strait, international waters and
airspace, interfered with United States and international
shipping and aviation, and impinged upon the national security
interests of the United States, requiring the immediate
deployment of two United States aircraft carrier battle groups
to the South China Sea.
(6) The actions of the People's Liberation Army in such
close proximity to Taiwan were deliberate attempts to disrupt
Taiwan's social and economic stability and were carried out as
attempts to intimidate the people of Taiwan during the period
leading up to Taiwan's historic first democratic presidential
election.
(7) The early development and deployment of an effective
United States theater missile defense system to the Asia-
Pacific region, and the adjustment of United States policy to
include Taiwan, including the Penghu Islands, Kinmen, and
Matsu, under the protection of such defense system, would be
prudent and appropriate responses to--
(A) the refusal by the People's Republic of China
to renounce the use of force to determine the future of
Taiwan;
(B) the nature of the military threat of the
People's Republic of China posed by the increased focus
of the People's Liberation Army on advanced missile
development; and
(C) the demonstrated intent of the Government of
the People's Republic of China to use live-fire
military exercises and ballistic missile tests against
the people and Government of Taiwan as tools of so-
called coercive diplomacy.
(8) The early deployment of a United States theater anti-
ballistic missile system in the Asia-Pacific region would
maintain a balance of power in the Taiwan Strait and deter the
People's Republic of China from resorting to military
intimidation tactics to coerce or manipulate the people and
freely elected Government of Taiwan in the future.
(9) While Taiwan is currently acquiring a local aircraft
and ballistic and cruise missile defense capability in the form
of the Modified Air Defense System (MADS), a larger portion of
Taiwan's territory and population would be protected if this
system were expanded to include a defense of the Taichung
region, Kaohsiung, the Penghu Islands, Kinmen, and Matsu from
limited ballistic missile attacks and a deterrent against the
threat and use of force against Taiwan by the People's
Liberation Army to achieve the political goals of the core
leadership of the People's Republic of China.
(10) Taiwan has requested further United States cooperation
on missile defense, including the conduct of a joint
architecture study of the requirements for the establishment
and operation of a missile defense system for Taiwan, including
the Penghu Islands, Kinmen, and Matsu.
(11) On June 9, 1898, the ``Convention Respecting an
Extension of Hong Kong Territory'' was agreed to between
representatives of the governments of Great Britain and China
to lease the New Territories for the period of 99 years
beginning on July 1, 1898.
(12) On December 19, 1984, the ``Sino-British Joint
Declaration'', agreed to between representatives of the
governments of Great Britain and China, established the terms
for the return to China on July 1, 1997, of the Hong Kong area
(including the Hong Kong Island, Kowloon, and the New
Territories (hereafter in this resolution referred to as ``Hong
Kong'').
(13) No treaties exist between the People's Republic of
China and Taiwan which determine the future status of Taiwan.
(14) The People's Republic of China attempts to apply to
Taiwan the formula commonly known as ``one country, two
systems'' in an effort to annex Taiwan to China.
(15) The People's Republic of China has refused to renounce
the use of force against Taiwan and held military exercises in
the Taiwan Strait in March 1996 in an attempt to intimidate the
people of Taiwan in their first presidential elections.
(16) The Taiwan Relations Act states that ``[i]t is the
policy of the United States . . . to consider any effort to
determine the future of Taiwan by other than peaceful means,
including by boycotts or embargoes, a threat to the peace and
security of the Western Pacific area and of grave concern to
the United States''.
SEC. 3. STUDY AND REPORT RELATING TO ESTABLISHMENT AND OPERATION OF A
THEATER BALLISTIC MISSILE DEFENSE SYSTEM IN THE ASIA-
PACIFIC REGION.
(a) Study.--The Secretary of Defense shall carry out a study of the
architecture requirements for the establishment and operation of a
theater ballistic missile defense system in the Asia-Pacific region
that would have the capability to protect Taiwan from ballistic missile
attacks. The study shall include a description of appropriate measures
by which the United States would cooperate with Taiwan and provide
Taiwan with an advanced local-area ballistic missile defense system.
(b) Report.--Not later than July 1, 1998, the Secretary of Defense
shall submit to the Committee on National Security of the House of
Representatives and the Committee on Armed Services of the Senate a
report containing--
(1) the results of the study conducted under subsection
(a);
(2) the factors used to obtain such results;
(3) a description of any existing United States missile
defense system that could be transferred to Taiwan in
accordance with the Taiwan Relations Act in order to allow
Taiwan to provide for its self-defense against limited
ballistic missile attacks.
(c) Form of Report.--The report under subsection (b) shall be
submitted in both classified and unclassified form.
SEC. 4. TRANSFER OF BALLISTIC MISSILE DEFENSE SYSTEMS TO TAIWAN.
It is the sense of the Congress that the President, if requested by
the Government of Taiwan and in accordance with the results of the
study conducted under section 3, should transfer to the Government of
Taiwan appropriate defense articles or defense services under the
foreign military sales program under chapter 2 of the Arms Export
Control Act (22 U.S.C. 2761 et seq.) for the purpose of establishing
and operating a local-area ballistic missile defense system to protect
Taiwan, including the Penghu Islands, Kinmen, and Matsu, against
limited ballistic missile attacks.
SEC. 5. STATEMENT OF POLICY RELATING TO UNITED STATES THEATER MISSILE
DEFENSES FOR THE ASIA-PACIFIC REGION.
The Congress declares that it is in the national interest of the
United States that Taiwan be included in any effort at ballistic
missile defense cooperation, networking, or interoperability with
friendly and allied nations in the Asia-Pacific region.
SEC. 6. SENSE OF THE CONGRESS URGING THE PRESIDENT TO MAKE CLEAR TO THE
PEOPLE'S REPUBLIC OF CHINA THE COMMITMENT OF THE AMERICAN
PEOPLE TO SECURITY AND DEMOCRACY IN TAIWAN.
It is the sense of the Congress that the Clinton Administration
should make clear to the leadership of the People's Republic of China,
the American people's firm commitment for security and democracy for
the people of Taiwan and that the United States fully expects that the
resolution of security issues on both sides of the Taiwan Strait will
be resolved by peaceful means.
SEC. 7. ADDITIONAL SENSE OF THE CONGRESS REGARDING TAIWAN.
It is the sense of the Congress that--
(1) the transfer of Hong Kong to the People's Republic of
China does not alter the current and future status of Taiwan;
(2) the future of Taiwan should be determined by peaceful
means through a democratic process; and
(3) the United States, in accordance with the Taiwan
Relations Act and the constitutional processes of the United
States, should assist in the defense of Taiwan in case of
threats or military attack by the People's Republic of China
against Taiwan.
Passed the House of Representatives November 6, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | United States-Taiwan Anti-Ballistic Missile Defense Cooperation Act - Directs the Secretary of Defense to study and report to the Congress on: (1) the architecture requirements for the establishment and operation of a theater ballistic missile defense system in the Asia-Pacific region capable of protecting Taiwan from ballistic missile attacks; and (2) cooperative United States measures which would provide Taiwan with an advanced local-area ballistic missile defense system. Expresses the sense of the Congress that the President, upon the request of the Taiwan Government, and in accordance with such study results, should transfer to the Taiwan Government defense articles or services under the foreign military sales program of the Arms Export Control Act for the purpose of establishing and operating a local-area ballistic missile defense system to protect Taiwan and specified islands against limited ballistic missile attacks. Declares that it is in the U.S. national interest that Taiwan be included in any effort at ballistic missile defense cooperation, networking, or interoperability with friendly and allied nations in the Asia-Pacific region. Expresses the sense of the Congress that the Clinton Administration should make clear to the People's Republic of China the firm commitment of the American people for security and democracy for the people of Taiwan, and that the United States fully expects the peaceful resolution of security issues on both sides of the Taiwan Strait. | United States-Taiwan Anti-Ballistic Missile Defense Cooperation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Arbitration Act of 2007''.
SEC. 2. ELECTION OF ARBITRATION.
(a) In General.--Chapter 1 of title 9, United States Code, is
amended by adding at the end the following:
``Sec. 17. Election of arbitration
``(a) Fair Disclosure.--In order to be binding on the parties, a
contract containing an arbitration clause shall--
``(1) have a printed heading in bold, capital letters
entitled `arbitration clause', which heading shall be printed
in letters not smaller than \1/2\ inch in height;
``(2) explicitly state whether participation within the
arbitration program is mandatory or optional;
``(3) identify a source that a consumer or employee can
contact for additional information regarding--
``(A) costs and fees of the arbitration program;
and
``(B) all forms and procedures necessary for
effective participation in the arbitration program; and
``(4) provide notice that all parties retain the right to
resolve a dispute in a small claims court, as provided in
subsection (b)(12).
``(b) Procedural Rights.--
``(1) In general.--If a contract provides for the use of
arbitration to resolve a dispute arising out of or relating to
the contract, each party to the contract shall be afforded the
rights described in this subsection, in addition to any rights
provided by the contract.
``(2) Competence and neutrality of arbitrator and
administrative process.--
``(A) In general.--Each party to the dispute
(referred to in this section as a `party') shall be
entitled to a competent, neutral arbitrator and an
independent, neutral administration of the dispute.
``(B) Arbitrator.--Each party shall have a vote in
the selection of the arbitrator, who--
``(i) unless otherwise agreed by the
parties, shall be a member in good standing of
the bar of the highest court of the State in
which the hearing is to be held;
``(ii) shall comply with the Code of Ethics
for Arbitrators in Commercial Disputes of the
American Bar Association and the American
Arbitration Association and any applicable code
of ethics of any bar of which the arbitrator is
a member;
``(iii) shall have no--
``(I) personal or financial
interest in the results of the
proceedings in which the arbitrator is
appointed; or
``(II) relation to the underlying
dispute or to the parties or their
counsel that may create an appearance
of bias; and
``(iv) prior to accepting appointment,
shall disclose all information that might be
relevant to neutrality (including service as an
arbitrator or mediator in any past or pending
case involving any of the parties or their
representatives) or that may prevent a prompt
hearing.
``(C) Administration.--The arbitration shall be
administered by an independent, neutral alternative
dispute resolution organization to ensure fairness and
neutrality and prevent ex parte communication between
parties and the arbitrator. The arbitrator shall have
reasonable discretion to conduct the proceeding in
consideration of the specific type of industry
involved.
``(3) Applicable law.--In resolving a dispute, the
arbitrator--
``(A) shall be governed by the same substantive law
that would apply under conflict of laws principles
applicable in a court of the State in which the party
that is not drafter of the contract resided at the time
the contract was entered into; and
``(B) shall be empowered to grant whatever relief
would be available in court under law or equity.
``(4) Representation.--Each party shall have the right to
be represented by an attorney, or other representative as
permitted by State law, at their own expense.
``(5) Hearing.--
``(A) In general.--Each party shall be entitled to
a fair arbitration hearing (referred to in this section
as a `hearing') with adequate notice and an opportunity
to be heard.
``(B) Electronic or telephonic means.--Subject to
subparagraph (C), in order to reduce cost, the
arbitrator may hold a hearing by electronic or
telephonic means or by a submission of documents.
``(C) Face-to-face meeting.--Each party shall have
the right to require a face-to-face hearing, which
hearing shall be held at a location that is reasonably
convenient for the party who did not draft the contract
unless in the interest of fairness the arbitrator
determines otherwise, in which case the arbitrator
shall use the process described in section 1391 of
title 28, to determine the venue for the hearing.
``(6) Evidence.--With respect to any hearing--
``(A) each party shall have the right to present
evidence at the hearing and, for this purpose, each
party shall grant access to all information reasonably
relevant to the dispute to the other parties, subject
to any applicable privilege or other limitation on
discovery under applicable State law;
``(B) consistent with the expedited nature of
arbitration, relevant and necessary prehearing
depositions shall be available to each party at the
direction of the arbitrator; and
``(C) the arbitrator shall--
``(i) make reasonable efforts to maintain
the privacy of the hearing to the extent
permitted by applicable State law; and
``(ii) consider appropriate claims of
privilege and confidentiality in addressing
evidentiary issues.
``(7) Cross examination.--Each party shall have the right
to cross examine witnesses presented by the other parties at a
hearing.
``(8) Record of proceeding.--Any party seeking a
stenographic record of a hearing shall make arrangements
directly with a stenographer and shall notify the other parties
of these arrangements not less than 3 days before the date of
the hearing. The requesting party shall pay the costs of
obtaining the record. If the transcript is agreed by the
parties, or determined by the arbitrator to be the official
record of the proceeding, it shall be provided to the
arbitrator and made available to the other parties for
inspection, at a date, time, and place determined by the
arbitrator.
``(9) Timely resolution.--
``(A) In general.--Upon submission of a complaint
by the claimant, the respondent shall have not more
than 30 days to file an answer.
``(B) Evidence.--After the answer is filed by the
respondent, the arbitrator shall direct each party to
file documents and to provide evidence in a timely
manner so that the hearing may be held not later than
90 days after the date of the filing of the answer.
``(C) Extensions.--In extraordinary circumstances
(including multiparty, multidistrict, or complex
litigation) the arbitrator may grant a limited
extension of the time limits under this paragraph, or
the parties may agree to such an extension.
``(D) Decision.--The arbitrator shall notify each
party of its decision not later than 30 days after the
hearing.
``(10) Written decision.--The arbitrator shall provide each
party with a written explanation of the factual and legal basis
for the decision. This written decision shall describe the
application of an identified contract term, statute, or legal
precedent. The decision of the arbitrator shall be subject to
review only as provided in subsection (c)(2) of this section
and sections 10, 11, and 16 of this title.
``(11) Expenses.--The arbitrator or independent arbitration
administration organization, as applicable, shall have the
authority to--
``(A) provide for reimbursement of arbitration fees
to the claimant, in whole or in part, as part of the
remedy in accordance with applicable law or in the
interests of justice; and
``(B) waive, defer, or reduce any fee or charge due
from the claimant in the event of extreme hardship.
``(12) Small claims opt out.--
``(A) In general.--Each party shall have the right
to opt out of binding arbitration and to proceed in any
small claims court with jurisdiction over the claim.
For purposes of this paragraph, no court with
jurisdiction to hear claims in excess of $50,000 shall
be considered a small claims court.
``(B) Exception.--If a complaint in small claims
court is amended to exceed the lesser of the
jurisdictional amount of that court or a claim for
$50,000 in total damages, the small claims court
exemption of this paragraph shall not apply and the
parties shall proceed by arbitration.
``(c) Denial of Rights.--
``(1) Denial of rights by party misconduct.--
``(A) In general.--At any time during an
arbitration proceeding, any party may file a motion
with the arbitrator asserting that another party has
deprived the movant of a right granted by this section
and seeking relief.
``(B) Award by arbitrator.--If the arbitrator
determines that the movant has been deprived of a right
granted by this section by another party, the
arbitrator shall award the movant a monetary amount,
which shall not exceed the reasonable expenses incurred
by the movant in filing the motion, including
attorneys' fees, unless the arbitrator finds that--
``(i) the motion was filed without the
movant first making a good faith effort to
obtain discovery or the realization of another
right granted by this section;
``(ii) the opposing party's nondisclosure,
failure to respond, response, or objection was
substantially justified; or
``(iii) the circumstances otherwise make an
award of expenses unjust.
``(2) Denial of rights by arbitrator.--
``(A) In general.--A losing party in an arbitration
proceeding may file a petition in the United States
district court in the State in which the party that did
not draft the contract resided at the time the contract
was entered into to assert that the arbitrator violated
a right granted to the party by this section and to
seek relief.
``(B) Review.--A United States district court may
grant a petition filed under subparagraph (A) if the
court finds clear and convincing evidence that an
action or omission of the arbitrator resulted in a
deprivation of a right of the petitioner under this
section that was not harmless. If such a finding is
made, the court shall order a rehearing before a new
arbitrator selected in the same manner as the original
arbitrator as the exclusive judicial remedy provided by
this section.
``(d) Limitation on Claims.--Except as otherwise expressly provided
in this section, nothing in this section may be construed to be the
basis for any claim in law or equity.
``(e) Definitions.--In this section--
``(1) the term `contract' means a contract evidencing a
transaction involving commerce; and
``(2) the term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, the Commonwealth of the
Northern Mariana Islands, and the Virgin Islands.''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 1 of title 9, United States Code, is amended
by adding at the end the following:
``17. Election of arbitration.''.
(c) Effective Date.--The amendments made by this section shall
apply to any contract (as that term is defined in section 17 of title
9, United States Code, as added by this Act) entered into after the
date that is 6 months after the date of enactment of this Act. | Fair Arbitration Act of 2007 - Requires a contract containing an arbitration clause, in order to be binding on the parties, to: (1) have a heading "ARBITRATION CLAUSE" printed in bold, capital letters; (2) state explicitly whether participation in arbitration is mandatory or optional; (3) identify a source that a consumer or employee can contact for additional information regarding the arbitration program; and (4) provide notice that all parties retain the right to resolve a dispute in a small claims court for a claim of $50,000 or less.
Entitles each party under arbitration to: (1) a competent, neutral arbitrator and independent, neutral administration of the dispute; (2) representation by an attorney or other representative at such party's expense; (3) a fair arbitration hearing; (4) a face-to-face hearing; (5) the right to present evidence and cross examine witnesses; (6) a written explanation of the basis for the arbitrator's decision; and (7) the right to opt out of binding arbitration and into the small claims court (for claims of $50,000 or less).
Prescribes procedures for complaints by any party of denial of rights by the other party or the arbitrator. | A bill to amend chapter 1 of title 9, United States Code, to establish fair procedures for arbitration clauses in contracts. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bank and Thrift Disclosure Act of
1993''.
SEC. 2. PUBLIC AVAILABILITY OF EXAMINATION INFORMATION.
(a) In General.--Each appropriate banking agency shall make
available to the public copies of reports of all examinations of each
failed depository institution that received funds, as defined in
section 6, or of a holding company of such institution, that was
performed by that banking agency or its predecessor, during the 5-year
period preceding the transfer, failure, or receipt of funds. Each
appropriate banking agency other than the National Credit Union
Administration Board shall consult with the Federal Deposit Insurance
Corporation or the Resolution Trust Corporation prior to making such
reports available to the public.
(b) Delay of Publication.--
(1) Threats to safety or soundness of institution.--If the
appropriate banking agency makes a determination in writing
that release of an examination report would seriously threaten
the safety or soundness of an insured depository institution,
such agency may initially delay release of the examination
report for a reasonable period of time, not to exceed 12 months
from the date of the transfer, failure, or receipt of funds
described in section 6. Such determination may be renewed on an
annual basis.
(2) Ongoing investigations.--If the appropriate banking
agency or the Resolution Trust Corporation determines in
writing that release of a portion of an examination report
would hinder an ongoing investigation of alleged negligence, or
of other activity that would give rise to either administrative
or civil proceedings, the portion of the examination report
directly pertaining to the alleged negligence or other
activity, may be withheld from release during the
investigation, until a notice of charges is issued, a complaint
is filed, or for a period not to exceed 24 months from the date
of the transfer, failure, or receipt of funds described in
section 6, whichever is earlier.
(3) Delay pending criminal investigation.--If the
appropriate banking agency and the Attorney General of the
United States or the attorney general of a State, in the case
of a State-chartered depository institution, jointly determine
that release of a portion of an examination report would hinder
an ongoing investigation of alleged criminal activity, the
portion of the examination report directly pertaining to the
alleged crime may be withheld from release until the
termination of such investigation, the issuance of an
indictment, or for a period of not to exceed 5 years from the
date of the transfer, failure or receipt of funds described in
section 6, whichever is earlier. The Attorney General of the
United States or the attorney general of a State shall provide
the Comptroller General of the United States with access to
information regarding any such criminal investigation, and
shall identify any law enforcement agencies or resources
assigned to the investigation.
(c) Exclusion of Open Institutions.--
(1) Open institutions.--This section shall not apply to any
open insured depository institution and shall not be construed
to require disclosure to the public of any report of
examination of any open insured depository institution.
(2) Affiliated solvent institutions.--In connection with
the release of an examination report of a holding company of a
failed institution, nothing in this section shall be construed
as requiring the release of any examination report information
regarding any solvent depository institution that is also a
subsidiary of such holding company.
SEC. 3. PROHIBITION OF CONFIDENTIAL SETTLEMENTS.
Notwithstanding any other provision of law or any rule, regulation,
or order issued thereunder, all agreements or settlements of claims
between the Resolution Trust Corporation or the Federal Deposit
Insurance Corporation and any other party, where such agreement or
claim relates to an institution described in section 6 shall be made
available to the public.
SEC. 4. APPLICABILITY.
The requirements of section 2 shall apply--
(1) to any insured depository institution that has had its
assets or liabilities, or any part thereof, transferred to the
FSLIC Resolution Fund or the Resolution Trust Corporation;
(2) to any member of the Bank Insurance Fund that has
failed and received funds, if during either the fiscal year in
which the institution failed or the fiscal year in which the
institution received funds, as defined in section 6, the Bank
Insurance Fund--
(A) had outstanding loans, or had otherwise
received funds, from the Department of the Treasury,
the Federal Financing Bank, or any Federal Reserve
bank; or
(B) had a negative fund balance;
(3) to any member of the Savings Association Insurance Fund
that has failed and received funds, if during either the fiscal
year in which the institution failed or the fiscal year in
which the institution received funds, as defined in section 6,
the Savings Association Insurance Fund--
(A) had outstanding loans, or had otherwise
received funds, from the Department of the Treasury,
the Federal Financing Bank, or any Federal Reserve
bank; or
(B) had a negative fund balance; and
(4) to any insured credit union that has failed and
received funds, if during either the fiscal year in which the
credit union failed or the fiscal year in which the credit
union received funds, as defined in section 6, the National
Credit Union Share Insurance Fund--
(A) had outstanding loans, or had otherwise
received funds, from the Department of the Treasury,
the Federal Financing Bank, or any Federal Reserve
Bank; or
(B) had a negative fund balance.
SEC. 5. REMOVAL OF CUSTOMER INFORMATION FROM EXAMINATION REPORTS.
In making available reports of examinations under section 2, the
appropriate Federal banking agency shall excise the following
information:
(1) Noninstitution-affiliated parties.--The names and all
other identifying information for all persons who are not
institution-affiliated parties of an insured depository
institution.
(2) Institution-affiliated parties.--The names and any
information related to an institution-affiliated party that is
not relevant to the relationship between the insured depository
institution and the institution-affiliated party.
(3) Open institutions.--The names and all other identifying
information pertaining to open insured depository institutions.
(4) Examiners.--Any reference to the examiners and other
banking agency employees involved in the examination of the
insured depository institution.
(5) Whistleblowers.--All references to persons or entities
that have provided information in confidence to a banking
agency which may be utilized to pursue a civil or criminal
action.
SEC. 6. DEFINITIONS.
For purposes of this section--
(1) an insured depository institution has ``failed'' if the
Federal Deposit Insurance Corporation, Resolution Trust
Corporation, or National Credit Union Administration Board--
(A) has been appointed as receiver or liquidator
for such institution; or
(B) has exercised the power to provide assistance
under section 13(c)(2) of the Federal Deposit Insurance
Act or the analogous powers under section 21A of the
Federal Home Loan Bank Act.
(2) an insured depository institution has ``received
funds'' if the institution, its holding company, or an
acquiring institution receives cash or other valuable
consideration from the National Credit Union Administration
Board, the Resolution Trust Corporation, the Federal Deposit
Insurance Corporation, or any Federal Reserve bank that lends
for more than 30 days while the insured depository institution
is critically undercapitalized within the 1-year period prior
to the failure of the insured depository institution whether in
the form of a loan, a payment to depositors or other creditors,
the assumption of liabilities, or otherwise;
(3) the term ``insured depository institution'' has the
same meaning as in section 3 of the Federal Deposit Insurance
Act, except that such term includes an insured credit union, as
defined in section 101 of the Federal Credit Union Act; and
(4) the term ``appropriate banking agency'' means the
Federal Deposit Insurance Corporation, the Board of Governors
of the Federal Reserve System, the Comptroller of the Currency,
the Office of Thrift Supervision, or the National Credit Union
Administration Board, and, in the case of a State-chartered
depository institution, the appropriate State depository
institution regulatory agency.
SEC. 7. ADDITIONAL DISCLOSURES BY FDIC, NCUA, AND RTC.
(a) Borrowers.--Not later than 6 months after being appointed
receiver or liquidator for any failed institution that received funds,
as defined in section 6, the Federal Deposit Insurance Corporation,
National Credit Union Administration, or the Resolution Trust
Corporation, as appropriate, shall make available to the public the
name and loan balance of any borrower who--
(1) was an executive officer, director, or principal
shareholder of the institution, or a related interest of any
such person, as such terms are defined in section 22(h) of the
Federal Reserve Act; and
(2) at the time that the receiver was appointed, was more
than 90 days delinquent on a loan.
(b) Transactions.--Not later than 12 months after being appointed
receiver or liquidator for any failed institution that received funds,
as defined in section 6, the Federal Deposit Insurance Corporation, the
National Credit Union Administration Board, or the Resolution Trust
Corporation shall make available, and update periodically thereafter, a
list of pending and settled lawsuits brought by such agency involving
transactions (other than those listed in subsection (a)) that caused a
material loss to such institution or to the deposit insurance fund.
SEC. 8. GAO AUDITS.
The Comptroller General shall selectively audit examination reports
made available to the public by the appropriate Federal banking
agencies under section 2, and disclosures made by the Federal Deposit
Insurance Corporation, National Credit Union Administration, and
Resolution Trust Corporation under section 7, to assess compliance with
the requirements of those sections. The Comptroller General shall
determine the nature, scope, terms, and conditions of audits conducted
under this section. | Bank and Thrift Disclosure Act of 1993 - Requires each appropriate banking agency to disclose to the public the reports of all examinations of each failed depository institution performed during the five-year period preceding its transfer, failure, or receipt of certain Federal depository insurance (or other Federal "bail-out" funds). Limits such disclosure requirement to an institution that received such funds while it was critically undercapitalized within the one-year period before its failure. Cites conditions under which public disclosure may be delayed because of threats to safety, soundness, or pending administrative, civil, or criminal investigations. Subjects a holding company of such a failed institution to the same public disclosure requirements, but excludes open institutions and affiliated solvent institutions.
Mandates public disclosure of settlement agreements between the Resolution Trust Corporation or the Federal Deposit Insurance Corporation and any other party with respect to certain failed depository institutions.
Applies the public disclosure requirements of this Act to specified kinds of failed institutions.
Shields certain identifying and customer information from the disclosure requirements.
Requires the appropriate banking agencies to: (1) make public disclosures of loans by insiders (senior personnel and principal shareholders) who have defaulted on loans made by a failed institution; and (2) provide the public with periodic updates of pending and settled lawsuits brought by such agencies involving transactions that caused a material loss to either the failed depository institution or to the deposit insurance fund.
Directs the Comptroller General to selectively audit examination reports and public disclosures made by the appropriate banking agencies to assess their compliance with this Act. | Bank and Thrift Disclosure Act of 1993 |