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SECTION 1. PROHIBITION ON GIFTS.
(a) In general.--No lobbyist who is registered under section 4 may
provide any gift to a Member of the House of Representatives, a
Senator, or an officer or employee of the House of Representatives or
the Senate unless the lobbyist is related to the Member, Senator, or
officer or employee.
(b) Definition.--
(1) For the purpose of subsection (a), the term ``gift''
means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having monetary
value. The term includes gifts of services, training,
transportation, lodging, and meals, whether provided in kind,
by purchase of a ticket, payment in advance, or reimbursement
after the expense has been incurred.
(2) A gift to a family member of a Member, a Senator,
officer, or employee, or a gift to any other individual based
on that individual's relationship with the Member, Senator,
officer, or employee, shall be considered a gift to the Member,
Senator, officer, or employee if it is given with the knowledge
and acquiescence of the Member, Senator, officer, or employee
and the Member, Senator, officer, or employee has reason to
believe the gift was given because of the official position of
the Member, Senator, officer, or employee.
(3) If food or refreshment is provided at the same time and
place to both a Member, Senator, officer, or employee and the
spouse or dependent thereof, only the food or refreshment
provided to the Member, Senator, officer, or employee shall be
treated as a gift for purposes of subsection (a).
(c) Exception.--The restrictions in subsection (a) shall not apply
to the following:
(1) Anything for which the Member, Senator, officer, or
employee pays the market value, or does not use and promptly
returns to the donor.
(2) A contribution, as defined in section 301(8) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)
that is lawfully made under that Act, a lawful contribution for
election to a State or local government office, or attendance
at a fundraising event sponsored by a political organization
described in section 527(e) of the Internal Revenue Code of
1986.
(3) A gift from a relative as described in section 109(16)
of title I of the Ethics in Government Act of 1978 (Public Law
95-521).
(4)(A) Anything provided by an individual on the basis of a
personal friendship unless the Member, Senator, officer, or
employee has reason to believe that, under the circumstances,
the gift was provided because of the official position of the
Member, Senator, officer, or employee and not because of the
personal friendship.
(B) In determining whether a gift is provided on the basis
of personal friendship, the Member, Senator, officer, or
employee shall consider the circumstances under which the gift
was offered, such as:
(i) The history of the relationship between the
individual giving the gift and the recipient of the
gift, including any previous exchange of gifts between
such individuals.
(ii) Whether to the actual knowledge of the Member,
Senator, officer, or employee the individual who gave
the gift personally paid for the gift or sought a tax
deduction or business reimbursement for the gift.
(iii) Whether to the actual knowledge of the
Member, Senator, officer, or employee the individual
who gave the gift also at the same time gave the same
or similar gifts to other Members, officers, or
employees.
(5) A contribution or other payment to a legal expense fund
established for the benefit of a Member, Senator, officer, or
employee that is otherwise lawfully made in accordance with the
restrictions and disclosure requirements of the Committee on
Standards of Official Conduct of the House of Representatives
and the Select Committee on Ethics of the Senate.
(6) Any gift from another Member, Senator, officer, or
employee of the Senate or the House of Representatives.
(7) Food, refreshments, lodging, transportation, and other
benefits--
(A) resulting from the outside business or
employment activities (or other outside activities that
are not connected to the duties of the Member, Senator,
officer, or employee as an officeholder) of the Member,
Senator, officer, or employee, or the spouse of the
Member, Senator, officer, or employee, if such benefits
have not been offered or enhanced because of the
official position of the Member, Senator, officer, or
employee and are customarily provided to others in
similar circumstances;
(B) customarily provided by a prospective employer
in connection with bona fide employment discussions; or
(C) provided by a political organization described
in section 527(e) of the Internal Revenue Code of 1986
in connection with a fundraising or campaign event
sponsored by such an organization.
(8) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
(9) Informational materials that are sent to the office of
the Member, Senator, officer, or employee in the form of books,
articles, periodicals, other written materials, audiotapes,
videotapes, or other forms of communication.
(10) Awards or prizes which are given to competitors in
contests or events open to the public, including random
drawings.
(11) Honorary degrees (and associated travel, food,
refreshments, and entertainment) and other bona fide,
nonmonetary awards presented in recognition of public service
(and associated food, refreshments, and entertainment provided
in the presentation of such degrees and awards).
(12) Training (including food and refreshments furnished to
all attendees as an integral part of the training) provided to
a Member, Senator, officer, or employee, if such training is in
the interest of the House of Representatives or the Senate.
(13) Bequests, inheritances, and other transfers at death.
(14) Any item, the receipt of which is authorized by the
Foreign Gifts and Decorations Act, the Mutual Educational and
Cultural Exchange Act, or any other statute.
(15) Anything which is paid for by the Federal Government,
by a State or local government, or secured by the Government
under a Government contract.
(16) A gift of personal hospitality (as defined in section
109(14) of the Ethics in Government Act of 1978) of an
individual other than a registered lobbyist or agent of a
foreign principal.
(17) Free attendance at a widely attended event.
(18) Opportunities and benefits which are--
(A) available to the public or to a class
consisting of all Federal employees, whether or not
restricted on the basis of geographic consideration;
(B) offered to members of a group or class in which
membership is unrelated to congressional employment;
(C) offered to members of an organization, such as
an employees' association or congressional credit
union, in which membership is related to congressional
employment and similar opportunities are available to
large segments of the public through organizations of
similar size;
(D) offered to any group or class that is not
defined in a manner that specifically discriminates
among Government employees on the basis of branch of
Government or type of responsibility, or on a basis
that favors those of higher rank or rate of pay;
(E) in the form of loans from banks and other
financial institutions on terms generally available to
the public; or
(F) in the form of reduced membership or other fees
for participation in organization activities offered to
all Government employees by professional organizations
if the only restrictions on membership relate to
professional qualifications.
(19) A plaque, trophy, or other item that is substantially
commemorative in nature and which is intended for presentation.
(20) Anything for which, in an unusual case, a waiver is
granted by the Committee on Standards of Official Conduct of
the House of Representatives or the Select Committee on Ethics
of the Senate.
(21) Food or refreshments of a nominal value offered other
than as a part of a meal. | Prohibits a lobbyist who is registered under the Lobbying Disclosure Act of 1995 from providing any gift to a Member of the House of Representatives, a Senator, or an officer or employee of the House or Senate unless the lobbyist is related to the individual.
Considers a gift to a family member to be a gift to such individual if given with his or her knowledge and acquiescence and if there is reason to believe that the gift was given because of such individual's official position.
Includes among exempted items: (1) contributions lawfully made under the Federal Election Campaign Act, a lawful contribution for election to a State or local government, or attendance at a fund raising event sponsored by a political organization; (2) anything provided on the basis of a personal friendship unless such individual has reason to believe that the gift was provided because of his or her official position; (3) otherwise lawful contributions to such individual's legal expense fund; (4) food, refreshments, lodging, transportation, and other benefits which result from the outside business or employment activities of such individual or spouse if such benefits have not been offered or enhanced because of such individual's official position, which are customarily provided by a prospective employer in connection with bona fide employment discussions, or which are provided by a political organization in connection with a fund raising or campaign event; (5) training that is in the House's or Senate's interest; (6) a gift of personal hospitality of an individual other than a registered lobbyist or agent of a foreign principal; and (7) certain other opportunities and benefits provided to the public or to Government employees generally. | To prohibit gifts by lobbyists to Members of the House of Representatives, Senators, and officers and employees of the House of Representatives and the Senate. |
TITLE I--CHOICES IN EDUCATION ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Choices in Education Act of
2016''.
SEC. 102. REPEAL OF ELEMENTARY AND SECONDARY EDUCATION ACT AND
LIMITATION ON SECRETARIAL AUTHORITY.
(a) Repeal.--The Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) is repealed.
(b) Limitation on Secretarial Authority.--The authority of the
Secretary under this title is limited to evaluating State applications
under section 104 and making payments to States under section 103. The
Secretary shall not impose any further requirements on States with
respect to elementary and secondary education beyond the requirements
of this title.
SEC. 103. BLOCK GRANTS TO STATES.
(a) Grants to States.--From amounts appropriated to carry out this
title for a fiscal year, the Secretary shall award grants (from
allotments made under subsection (b)) to qualified States to enable
such States to carry out an education voucher program under section
105.
(b) Allotment.--From amounts described in subsection (a) for a
fiscal year, the Secretary shall allot to each qualified State for that
fiscal year an amount that bears the same ratio to those amounts as the
number of eligible children in the qualified State (as determined by
the Secretary on the basis of the most recent satisfactory data) bears
to the number of all eligible children in all States in such school
year.
(c) Reallotment.--If a State does not receive funds under
subsection (b) for a fiscal year, the Secretary shall allot the
remainder of such funds to each qualified State in an amount that bears
the same ratio to such remainder for such year as the amount received
under subsection (b) by such qualified State bears to the amount
received under such subsection for such year by all qualified States.
(d) Deficit Reduction.--Any amounts remaining after allotments are
made under subsection (c) for a fiscal year shall not be available for
any purpose other than deficit reduction.
SEC. 104. APPLICATION.
(a) Application.--To be eligible to receive a grant under this
title, a State shall submit an application to the Secretary that
includes assurances that the State will--
(1) comply with the requirements of section 105; and
(2) make it lawful for parents of an eligible child to
elect--
(A) to enroll their child in any public or private
elementary or secondary school in the State; or
(B) to home-school their child.
(b) Approval.--Not later than 30 days after receiving an
application from a State that meets the requirements of subsection (a),
the Secretary shall approve such application.
SEC. 105. EDUCATION VOUCHER PROGRAM REQUIREMENTS.
(a) Education Voucher Program.--
(1) In general.--The State shall distribute funds received
under this title among the local educational agencies in the
State based on the number of eligible children enrolled in the
public schools operated by each local educational agency and
the number of eligible children within each local educational
agency's geographical area whose parents elect to send their
child to a private school or to home-school their child.
(2) Sense of congress.--It is the sense of Congress that
States should distribute non-Federal funds for elementary and
secondary education in a manner that promotes competition and
choices in education.
(b) Identification of Eligible Children; Allocation and
Distribution of Funds.--
(1) Identification of eligible children.--
(A) LEA identification.--On an annual basis, on a
date to be determined by the Secretary, each local
educational agency shall inform the State educational
agency of--
(i) the number of eligible children
enrolled in public schools served by the local
educational agency; and
(ii) the number of eligible children within
each local educational agency's geographical
area whose parents elect--
(I) to send their child to a
private school; or
(II) to home-school their child.
(B) State identification.--On an annual basis, on a
date to be determined by the Secretary, each State
educational agency shall inform the Secretary of the
total number of children identified by all local
educational agencies in the State under subparagraph
(A).
(2) Amount of payment.--
(A) In general.--Subject to subparagraph (B), the
amount of payment for each eligible child in a State
shall be equal to--
(i) the total amount allotted to the State
under this title; divided by
(ii) the total number of eligible children
in the State identified under paragraph (1).
(B) Limitations.--
(i) In the case of a payment made to the
parent of an eligible child who elects to
attend a private school, the amount of the
payment described in subparagraph (A) for each
eligible child shall not exceed the cost for
tuition, fees, and transportation for the
eligible child to attend the private school.
(ii) In the case of a payment made to a
parent of an eligible child who elects to home-
school such child, the amount of the payment
described in subparagraph (A) for each eligible
child shall not exceed the cost of home-
schooling the child.
(3) Allocation to local educational agencies.--Based on the
identification of eligible children in paragraph (1), the State
educational agency shall provide to a local educational agency
an amount equal to the product of--
(A) the amount available for each eligible child in
the State, as determined in paragraph (2); multiplied
by
(B) the number of eligible children identified by
the local educational agency under paragraph (1)(A).
(4) Distribution to schools.--From amounts allocated under
paragraph (3), each local educational agency that receives
funds under such paragraph shall distribute a portion of such
funds to the public schools served by the local educational
agency, which amount shall--
(A) be based on the number of eligible children
enrolled in such schools and included in the count
submitted under paragraph (1)(A); and
(B) be distributed in a manner that would, in the
absence of such Federal funds, supplement the funds
made available from non-Federal resources for the
education of eligible children, and not to supplant
such funds.
(5) Distribution to parents.--
(A) In general.--From the amounts allocated under
paragraph (3), each local educational agency that
receives funds under such paragraph shall distribute a
portion of such funds, in an amount equal to the amount
described in paragraph (2), to the parents of each
eligible child within the local educational agency's
geographical area who elect to send their child to a
private school or to home-school their child (as the
case may be) and whose child is included in the count
of such eligible children under paragraph (1)(A), which
amount shall be distributed in a manner so as to ensure
that such payments will be used for appropriate
educational expenses.
(B) Reservation.--A local educational agency
described in this paragraph may reserve not more than 1
percent of the funds available for distribution under
subparagraph (A) to pay administrative costs associated
with carrying out the activities described in such
subparagraph.
(c) Rule of Construction.--Payments to parents under subsection
(b)(5) shall be considered assistance to the eligible child and shall
not be considered assistance to the school that enrolls the eligible
child. The amount of any payment under this section shall not be
treated as income of the child or his or her parents for purposes of
Federal tax laws or for determining eligibility for any other Federal
program.
SEC. 106. DEFINITIONS.
In this title:
(1) Eligible child.--The term ``eligible child'' means a
child aged 5 to 17, inclusive.
(2) Parent.--The term ``parent'' includes a legal guardian
or other person standing in loco parentis (such as a
grandparent or stepparent with whom the child lives, or a
person who is legally responsible for the child's welfare).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) State.--The term ``State'' means each of the 50 States
and the District of Columbia.
(5) Qualified state.--The term ``qualified State'' means a
State that has an application approved by the Secretary under
section 104.
TITLE II--NO HUNGRY KIDS ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``No Hungry Kids Act''.
SEC. 202. REPEAL OF RULE.
The rule prescribed by the Food and Nutrition Service of the
Department of Agriculture relating to nutrition standards in the
national school lunch and school breakfast programs published on
January 26, 2012 (77 Fed. Reg. 4088 et seq.), and revising parts 210
and 220 of title 7, Code of Federal Regulations, shall have no force or
effect.
SEC. 203. LIMITS ON CERTAIN NUTRITIONAL REQUIREMENTS.
Section 9(a)(1)(A)(i) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(a)(1)(A)(i)) is amended by inserting before
the semicolon the following: ``, to establish a calorie maximum for
individual school lunches, or to prohibit a child from eating a lunch
provided by the child's parent or legal guardian''. | Choices in Education Act of 2016 This bill repeals the Elementary and Secondary Education Act of 1965 and limits the authority of the Department of Education (ED) such that ED is authorized only to award block grants to qualified states. The bill establishes an education voucher program, through which each state shall distribute block grant funds among local educational agencies (LEAs) based on the number of eligible children within each LEA's geographical area. From these amounts, each LEA shall: (1) distribute a portion of funds to parents who elect to enroll their child in a private school or to home-school their child, and (2) do so in a manner that ensures that such payments will be used for appropriate educational expenses. To be eligible to receive a block grant, a state must: (1) comply with education voucher program requirements, and (2) make it lawful for parents of an eligible child to elect to enroll their child in any public or private elementary or secondary school in the state or to home-school their child. No Hungry Kids Act The bill repeals a specified rule that established certain nutrition standards for the national school lunch and breakfast programs. (In general, the rule requires schools to increase the availability of fruits, vegetables, whole grains, and low-fat or fat free milk in school meals; reduce the levels of sodium, saturated fat, and trans fat in school meals; and meet children's nutritional needs within their caloric requirements.) | To distribute Federal funds for elementary and secondary education in the form of vouchers for eligible students and to repeal a certain rule relating to nutrition standards in schools. |
SECTION 1. 5-YEAR BAN ON LOBBYING BY INDIVIDUALS APPOINTED TO EXECUTIVE
SCHEDULE POSITIONS AND MEMBERS OF CONGRESS.
(a) Individuals Appointed to Executive Schedule Positions.--
(1) In general.--Section 207(d) of title 18, United States
Code, is amended to read as follows:
``(d) Restrictions on Very Senior Personnel of the Executive Branch
and Independent Agencies.--
``(1) Vice president.--
``(A) Restrictions.--In addition to the
restrictions set forth in subsections (a) and (b), any
person who serves in the position of Vice President of
the United States and who, within 2 years after the
termination of that person's service in that position,
knowingly makes, with the intent to influence, any
communication to or appearance before any person
described in subparagraph (B), on behalf of any other
person (except the United States), in connection with
any matter on which such person seeks official action
by any officer or employee of the executive branch of
the United States, shall be punished as provided in
section 216 of this title.
``(B) Persons who may not be contacted.--A person
described in this subparagraph is--
``(i) any officer or employee of any
department or agency in which the Vice
President served within a period of 1 year
before the Vice President's service or
employment with the United States Government
terminated; and
``(ii) any person appointed to a position
in the executive branch which is listed in
section 5312, 5313, 5314, 5315, or 5316 of
title 5.
``(2) Five-year restriction on individuals in executive
schedule and equivalent positions.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), and in addition to the
restrictions set forth in subsections (a) and (b), any
individual employed in a position in the executive
branch for which the rate of pay is the rate of pay
payable for any level of the Executive Schedule under
subchapter II of chapter 53 of title 5 who, within 5
years after the termination of his or her service or
employment in such position, knowingly makes, with the
intent to influence, any communication to or appearance
before any officer or employee of any department or
agency in the executive branch, on behalf of any other
person (except the United States), in connection with
any matter on which such person seeks official action
by any officer or employee of such department or
agency, shall be punished as provided in section 216 of
this title.
``(B) Special government employees.--Subparagraph
(A) shall not apply to a special Government employee
who serves less than 60 days in the 1-year period
before his or her service or employment as such
employee terminates.
``(C) Waiver.--
``(i) Authority.--Except as provided in
clause (ii), at the request of a department or
agency, the Director of the Office of
Government Ethics may waive the restrictions
under subparagraph (A) with respect to a
position, or a category of positions, if the
Director determines that--
``(I) the imposition of the
restrictions with respect to the
position, or category of positions,
would create an undue hardship on the
department or agency in obtaining
qualified personnel to fill the
position, or category of positions; and
``(II) granting the waiver would
not create the potential for use of
undue influence or unfair advantage.
``(ii) Excluded positions.--The Director of
the Office of Government Ethics may not waive
the restrictions under subparagraph (A) with
respect to--
``(I) a position in the executive
branch (including any independent
agency) for which the rate of pay is
the rate of pay payable for level I of
the Executive Schedule; or
``(II) a position in the Executive
Office of the President for which the
rate of pay is the rate of pay for
level II of the Executive Schedule.''.
(2) Technical and conforming amendments.--Section 207 of
title 18, United States Code, is amended--
(A) in subsection (c)(2)--
(i) in subparagraph (A)--
(I) by striking clauses (i) and
(iii);
(II) by redesignating clauses (ii),
(iv), and (v) as clauses (i), (ii), and
(iii), respectively; and
(III) in clause (i), as so
redesignated--
(aa) by striking ``which is
not referred to in clause (i)''
the first place it appears and
inserting ``for which the rate
of pay is not specified in or
fixed according to subchapter
II of chapter 53 of title 5'';
and
(bb) by striking ``, or,
for a period of 2 years'' and
all that follows through the
end of clause (i) and inserting
a comma; and
(ii) in subparagraph (C), in the matter
preceding clause (i), by striking ``clause (ii)
or (iv)'' and inserting ``clause (i) or (ii)'';
and
(B) in subsection (h)(2), by striking the second
sentence.
(b) Members of Congress.--Section 207(e)(1) of title 18, United
States Code, is amended--
(1) in subparagraph (A), by striking ``2 years'' and
inserting ``5 years''; and
(2) in subparagraph (B)(i), by striking ``Any person who is
a Member of the House of Representatives or an elected officer
of the House of Representatives and who, within 1 year after
that person leaves office,'' and inserting ``Any person who is
a Member of the House of Representatives and who, within 5
years after that person leaves office, or any person who is an
elected officer of the House of Representatives and who, within
1 year after that person leaves office,''. | This bill amends the federal criminal code to increase to five years the ban on individuals appointed to executive schedule positions (except special government employees who serve less than 60 days in a 1-year period) from engaging in lobbying activities in the executive branch. The Office of Government Ethics may waive lobbying restrictions for certain executive schedule employees if it determines that the restrictions would create an undue hardship in obtaining qualified personnel for agency positions and granting such waiver would not create the potential for use of undue influence or unfair advantage. The bill increases to five years the ban on lobbying activities by Senators or Members of the House of Representatives. | A bill to establish a 5-year ban on individuals appointed to Executive Schedule positions and Members of Congress engaging in lobbying activities at the Federal level. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Money Wire Improvement and
Remittance Enhancement Act of 2003'' (or the ``Money WIRE Act of
2003'').
SEC. 2. DISCLOSURE OF EXCHANGE RATES IN CONNECTION WITH INTERNATIONAL
MONEY TRANSFERS.
(a) In General.--The Electronic Fund Transfer Act (15 U.S.C. 1693
et seq.) is amended--
(1) by redesignating sections 918, 919, 920, and 921 as
sections 919, 920, 921, and 922, respectively; and
(2) by inserting after section 917 the following new
section:
``SEC. 918. DISCLOSURE OF EXCHANGE RATES IN CONNECTION WITH
INTERNATIONAL MONEY TRANSFERS.
``(a) Definitions.--
``(1) International money transfer.--The term
`international money transfer' means any money transmitting
service involving an international transaction which is
provided by a financial institution or a money transmitting
business.
``(2) Money transmitting service.--The term `money
transmitting service' has the meaning given to such term in
section 5330(d)(2) of title 31, United States Code.
``(3) Money transmitting business.--The term `money
transmitting business' means any business which--
``(A) provides check cashing, currency exchange, or
money transmitting or remittance services, or issues or
redeems money orders, travelers' checks, and other
similar instruments; and
``(B) is not a depository institution (as defined
in section 5313(g) of title 31, United States Code).
``(b) Exchange Rate and Fees Disclosures Required.--
``(1) In general.--Any financial institution or money
transmitting business which initiates an international money
transfer on behalf of a consumer (whether or not the consumer
maintains an account at such institution or business) shall
provide the following disclosures in the manner required under
this section:
``(A) The exchange rate used by the financial
institution or money transmitting business in
connection with such transaction.
``(B) The exchange rate prevailing at a major
financial center of the foreign country whose currency
is involved in the transaction, as of the close of
business on the business day immediately preceding the
date of the transaction (or the official exchange rate,
if any, of the government or central bank of such
foreign country).
``(C) All commissions and fees charged by the
financial institution or money transmitting business in
connection with such transaction.
``(D) The exact amount of foreign currency to be
received by the recipient in the foreign country, which
shall be disclosed to the consumer before the
transaction is consummated and printed on the receipt
referred to in paragraph (3).
``(2) Prominent disclosure inside and outside the place of
business where an international money transfer is initiated.--
The information required to be disclosed under subparagraphs
(A), (B), and (C) of paragraph (1) shall be prominently
displayed on the premises of the financial institution or money
transmitting business both at the interior location to which
the public is admitted for purposes of initiating an
international money transfer and on the exterior of any such
premises.
``(3) Prominent disclosure in all receipts and forms used
in the place of business where an international money transfer
is initiated.--The information required to be disclosed under paragraph
(1) shall be prominently displayed on all forms and receipts used by
the financial institution or money transmitting business when
initiating an international money transfer in such premises.
``(c) Advertisements in Print, Broadcast, and Electronic Media and
Outdoor Advertising.--The information required to be disclosed under
subparagraphs (A) and (C) of subsection (b)(1) shall be included--
``(1) in any advertisement, announcements, or solicitation
which is mailed by the financial institution or money
transmitting business and pertains to international money
transfer; or
``(2) in any print, broadcast, or electronic medium or
outdoor advertising display not on the premises of the
financial institution or money transmitting business and
pertaining to international money transfer.
``(d) Disclosures in Languages Other Than English.--The disclosures
required under this section shall be in English and in the same
language as that principally used by the financial institution or money
transmitting business, or any of its agents, to advertise, solicit, or
negotiate, either orally or in writing, at that office if other than
English.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect at the end of the 3-month period beginning on the date of
the enactment of this Act.
SEC. 3. STUDY ON FEE DISCLOSURES FOR MONEY WIRE TRANSMISSIONS.
(a) Study.--The Federal banking agencies (as defined in section 3
of the Federal Deposit Insurance Act) and the Secretary of the Treasury
shall jointly conduct a study on fees charged and fee disclosures for
money wire transmissions.
(b) Comparison of Prices.--The study required by subsection (a)
shall compare the disclosures provided by federally insured depository
institutions for money wire transmissions with disclosures provided by
money transmitting businesses (as defined in section 5330(d)(1) of
title 31, United States Code) for such transmissions.
(c) Report Required.--The Federal banking agencies and the
Secretary of the Treasury shall jointly submit a report on the study
required under subsection (a) to the Congress before the end of the 1-
year period beginning on the date of enactment of this Act.
SEC. 4. FEDERAL CREDIT UNION ACT AMENDMENT.
Paragraph (12) of section 107 of the Federal Credit Union Act (12
U.S.C. 1757(12)) is amended to read as follows:
``(12) in accordance with regulations prescribed by the
Board--
``(A) to sell, to persons in the field of
membership, negotiable checks (including travelers
checks), money orders, and other similar money transfer
instruments; and
``(B) to cash checks and money orders for persons
in the field of membership for a fee;''. | Money Wire Improvement and Remittance Enhancement Act of 2003 (or the Money WIRE Act of 2003) - Amends the Electronic Fund Transfer Act to require that the following disclosures be prominently displayed on the premises of a money transmitting business which initiates an international money transfer for a consumer: (1) the exchange rate used in connection with such transaction; (2) the exchange rate prevailing at a major financial center of the foreign country whose currency is involved in the transaction; (3) all commissions and fees charged in connection with such transaction; and (4) the exact amount of foreign currency to be received by the recipient in the foreign country, which shall be disclosed to the consumer before the transaction is consummated.
Requires that such disclosures be prominently revealed in advertisements and receipts used by the business, and in the same language as that principally used by the business to advertise, solicit, or negotiate, at that office, if other than English. Requires the Federal banking agencies and the Secretary of the Treasury to study and report to Congress on the need for fee disclosures for money wire transmissions. Amends the Federal Credit Union Act to authorize Federal credit unions to: (1) sell, to persons in the field of membership, negotiable checks (including travelers checks), money orders, and other similar money transfer instruments; and (2) cash checks and money orders for persons in the field of membership for a fee. (Currently these transactions are reserved for credit union members only.) | A bill to amend the Electronic Fund Transfer Act to require additional disclosures relating to exchange rates in transfers involving international transactions, and for other purposes. |
short title
Section 1. This Act may be cited as the ``Senior Citizens Health
Insurance Standards Act of 1993''.
findings and purpose
Sec. 2. The Congress finds that--
(1) health care costs are a major expense and source of
concern for the elderly;
(2) Medicare covers less than half of the health care costs
for the elderly;
(3) because of their condition and needs, many elderly have
to purchase private health insurance;
(4) the paucity of consumer information in the field of
health insurance for the elderly makes it almost impossible for
those seeking such insurance to make reasoned choices;
(5) many of the policies sold to supplement Medicare
coverage provide inadequate coverage and low return to
consumers;
(6) the many instances of abuse and deception in the
marketing of health insurance for the elderly, which have been
documented by recent congressional hearings, constitute a
national disgrace; and
(7) these instances of abuse, deception, inadequate
coverage, and low return are now a national problem and the
Federal Government has a responsibility to assist in the
remedy.
(b) It is, therefore, the purpose of this Act to direct the
Secretary to require Federal minimum standards for the sale of health
insurance for the elderly and to take other action designed to provide
future benefits to the elderly who need assistance in meeting their
health insurance needs.
minimum standards
Sec. 3. (a) Each State shall, no later than two years after the
date of enactment of this Act, submit a plan to the Secretary of Health
and Human Services for the purpose of specifying the minimum standards
applicable to health insurance for the elderly in such State. Such plan
shall specify minimum standards which--
(1) provide that at least 75 per centum of the premiums
collected from the sale of such health insurance be returned in
the form of benefits provided under such health insurance, as
specified by the Secretary in regulations;
(2) limit the exclusions of preexisting conditions in
accordance with regulations prescribed by the Secretary;
(3) provide that policies of such health insurance be
written in simplified language which can be understood by
purchasers, as specified in regulations prescribed by the
Secretary;
(4) prohibit the sale of such health insurance if such
health insurance duplicates the coverage provided under the
Medicare Program, except that such a sale may be made if the
purchaser signs a written statement expressing his knowledge of
the duplicative coverage, as specified in regulations
prescribed by the Secretary; and
(5) are in accordance with disclosure provisions, specified
in regulations, which the Secretary determines necessary to
protect purchasers of such insurance, including, but not
limited to, provisions which require a simplified written
statement, to all prospective purchasers, of--
(A) the percentage of premiums collected for such
health insurance which is returned in the form of
benefits;
(B) the name and address of the agent who sold the
policy and a toll free telephone number of the
insurance company;
(C) general information which briefly, simply, and
adequately explains the premiums, benefits,
renewability, coverage, deductibles, coinsurance
charges, and other matters; and
(D) general information which briefly, simply, and
adequately explains the specific matters covered by the
insurance which are not covered under the Medicare
Program.
(b) The Secretary shall issue final regulations referred to in
subsection (a) no later than one hundred and eighty days after the date
of enactment of this Act.
(c) The Secretary shall approve or disapprove any plan submitted
pursuant to subsection (a) no later than ninety days after such
submission.
(d)(1) In the case of any State whose plan is disapproved under
subsection (c), the Secretary shall return such plan to the State with
a detailed explanation of the reasons for such disapproval. The State
may submit a new plan within thirty days after receiving such
explanation, and the Secretary shall approve or disapprove such plan no
later than thirty days after such submission.
(2) If the Secretary disapproves a new plan submitted in accordance
with the second sentence of paragraph (1) of this subsection, such
disapproval shall be subject to judicial review in the United States
court of appeals for the circuit in which the State is located or in
the United States Court of Appeals for the District of Columbia
Circuit. Any such review shall be instituted only by the State involved
and shall be commenced within sixty days after the date on which the
disapproval was issued. The provisions of subsection (f) shall apply
and shall not be stayed pending any such review.
(e)(1) The Secretary shall conduct oversight activities in each
State in which a plan is approved for the purpose of assuring that such
plan is carried out in each such State. Each State shall submit an
annual report to the Secretary containing a detailed account of the
operation of the plan in the State during the previous year. Such
report shall be in such form and contain such information as is
specified by the Secretary in regulations.
(2) No change may be made in a plan by any State unless approved by
the Secretary before the effective date of such change.
(3) In any case in which the Secretary finds that a State, which
has an approved plan, is not carrying out such plan, the Secretary
shall notify the State of such finding and provide the State with
detailed information about the basis of such finding. The Secretary
shall provide the State with an opportunity to correct any problems
specified by the Secretary or to present evidence that such problems do
not exist. After a reasonable time for allowing for corrections of the
problems or for submission of evidence that such problems do not exist,
the Secretary shall make a final determination that an approved plan is
or is not being carried out in the State. If the Secretary determines
that such a plan is not being carried out in the State, the provisions
of subsection (f) shall apply with respect to the State. A final
determination by the Secretary that a State plan is not being carried
out in any State shall be subject to judicial review under the
conditions described in subsection (d)(2).
(f) In any case in which--
(1) a State does not submit a plan under subsection (a);
(2) the Secretary fails to approve a plan submitted by a
State after giving such State an opportunity to submit a new
plan under subsection (d); or
(3) the Secretary makes a final determination under
paragraph (3) of subsection (e) that an approved plan is not
being carried out in such State;
the Secretary shall implement, as soon as practicable, a plan in such
State which carries out the minimum standards described in subsection
(a) with respect to the sale of health insurance for the elderly. The
Secretary shall implement such plan in such State until the Secretary
determines that such State will carry out the plan. The Secretary may
prescribe any regulations that are necessary to implement and
administer such plan in any State.
(g) Any provision of State law which would prevent the
establishment and implementation in that State of a plan implementing
the minimum standards described in subsection (a) is preempted by the
provisions of this Act.
definitions
Sec. 4. For purposes of section 3--
(1) the term ``health insurance for the elderly'' means
health insurance (as specified in regulations prescribed by the
Secretary) sold to persons who, at the time of such sale, are
(A) aged sixty-five or older, or (B) receiving benefits under
the Medicare Program;
(2) the term ``Medicare Program'' means the health
insurance program for the aged and disabled established by
title XVIII of the Social Security Act;
(3) the term ``Secretary'' means the Secretary of Health
and Human Services; and
(4) the term ``State'' means each of the fifty States of
the United States and the District of Columbia.
studies
Sec. 5. Section 1875 of the Social Security Act is amended by
adding the following new subsections at the end thereof:
``(c) The Secretary shall conduct a study for the purpose of making
recommendations to the Congress with respect to a uniform approach to
the regulation of all private health insurance which is offered for
sale to the aged and disabled. Such study shall include, but not be
limited to, an examination of the following matters--
``(1) minimum loss ratios;
``(2) uniform exclusions of pre-existing conditions;
``(3) the various means of differentiating categories of
coverage for purchasers of such health insurance;
``(4) the effectiveness of labels, numerical ratings, or
disclosure information in assisting the aged and disabled to
compare policies;
``(5) whether the sale of dread disease and other indemnity
policies should be banned or limited;
``(6) whether agents' commissions for selling such health
insurance should be limited;
``(7) methods of eliminating misconduct by agents in
selling policies;
``(8) the need for and costs of individualized health
insurance counseling for the aged and disabled;
``(9) whether claims handling requirements should be
imposed;
``(10) whether the sale of overlapping and/or duplicative
coverage should be banned; and
``(11) whether policy standardization is necessary to
promote competition.
The Secretary shall, no later than two years after the date of
enactment of this subsection, transmit a report to the Congress
containing the findings and recommendations of such study and proposed
legislation concerning a comprehensive approach to the regulation of
such health insurance.
``(d) The Secretary shall conduct a study for the purpose of making
recommendations to the Congress with respect to the feasibility of
health insurance coverage under this title in addition to the coverage
provided under parts A and B. Such study shall include, but not be
limited to, an examination of the following matters--
``(1) the need for such additional coverage;
``(2) eligibility requirements;
``(3) alternative approaches to providing such additional
coverage;
``(4) cost estimates of the alternative approaches, taking
into consideration the different coinsurance and deductible
requirements, coverage provisions, and eligibility standards of
each approach; and
``(5) alternative methods of financing such additional
coverage.
The Secretary shall, no later than two years after the date of
enactment of this subsection, transmit a report to the Congress
containing the findings and recommendations of such study.''. | Senior Citizens Health Insurance Standards Act of 1993 - Directs each State to submit to the Secretary of Health and Human Services a plan specifying certain minimum standards applicable to the sale of health insurance to the elderly.
Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary to conduct studies for the purposes of making recommendations to the Congress concerning: (1) a uniform approach for regulating all private health insurance sold to the aged and disabled; and (2) the feasibility of additional health insurance coverage under Medicare. | Senior Citizens Health Insurance Standards Act of 1993 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Gas Petroleum
Refiner Improvement and Community Empowerment Act'' or ``Gas PRICE
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS FACILITIES
Sec. 101. Collaborative permitting process for domestic fuels
facilities.
TITLE II--ENVIRONMENTAL ANALYSIS OF FISCHER-TROPSCH FUELS
Sec. 201. Evaluation of Fischer-Tropsch diesel and jet fuel as an
emission control strategy.
TITLE III--DOMESTIC COAL-TO-LIQUID FUEL AND CELLULOSIC BIOMASS ETHANOL
Sec. 301. Economic development assistance to support commercial-scale
cellulosic biomass ethanol projects and
coal-to-liquids facilities on BRAC property
and Indian land.
TITLE IV--ALTERNATIVE HYDROCARBON AND RENEWABLE RESERVES DISCLOSURES
CLASSIFICATION SYSTEM
Sec. 401. Alternative hydrocarbon and renewable reserves disclosures
classification system.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
Sec. 501. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Coal-to-liquid.--The term ``coal-to-liquid'' means--
(A) with respect to a process or technology, the
use of a feedstock, the majority of which is derived
from the coal resources of the United States, using the
class of reactions known as Fischer-Tropsch, to produce
synthetic fuel suitable for transportation; and
(B) with respect to a facility, the portion of a
facility related to producing the inputs for the
Fischer-Tropsch process, or the finished fuel from the
Fischer-Tropsch process, using a feedstock that is
primarily domestic coal at the Fischer-Tropsch
facility.
(3) Domestic fuels facility.--
(A) In general.--The term ``domestic fuels
facility'' means--
(i) a coal liquification or coal-to-liquid
facility at which coal is processed into
synthetic crude oil or any other transportation
fuel;
(ii) a facility that produces a renewable
fuel (as defined in section 211(o)(1) of the
Clean Air Act (42 U.S.C. 7545(o)(1))); and
(iii) a facility at which crude oil is
refined into transportation fuel or other
petroleum products.
(B) Inclusion.--The term ``domestic fuels
facility'' includes a domestic fuels facility
expansion.
(4) Domestic fuels facility expansion.--The term ``domestic
fuels facility expansion'' means a physical change in a
domestic fuels facility that results in an increase in the
capacity of the domestic fuels facility.
(5) Domestic fuels facility permitting agreement.--The term
``domestic fuels facility permitting agreement'' means an
agreement entered into between the Administrator and a State or
Indian tribe under subsection (b).
(6) Domestic fuels producer.--The term ``domestic fuels
producer'' means an individual or entity that--
(A) owns or operates a domestic fuels facility; or
(B) seeks to become an owner or operator of a
domestic fuels facility.
(7) Indian land.--The term ``Indian land'' has the meaning
given the term ``Indian lands'' in section 3 of the Native
American Business Development, Trade Promotion, and Tourism Act
of 2000 (25 U.S.C. 4302).
(8) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(9) Permit.--The term ``permit'' means any permit, license,
approval, variance, or other form of authorization that a
refiner is required to obtain--
(A) under any Federal law; or
(B) from a State or Indian tribal government agency
delegated with authority by the Federal Government, or
authorized under Federal law to issue permits.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
TITLE I--COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS FACILITIES
SEC. 101. COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC FUELS
FACILITIES.
(a) In General.--At the request of the Governor of a State or the
governing body of an Indian tribe, the Administrator shall enter into a
domestic fuels facility permitting agreement with the State or Indian
tribe under which the process for obtaining all permits necessary for
the construction and operation of a domestic fuels facility shall be
improved using a systematic interdisciplinary multimedia approach as
provided in this section.
(b) Authority of Administrator.--Under a domestic fuels facility
permitting agreement--
(1) the Administrator shall have authority, as applicable
and necessary, to--
(A) accept from a refiner a consolidated
application for all permits that the domestic fuels
producer is required to obtain to construct and operate
a domestic fuels facility;
(B) establish a schedule under which each Federal,
State, or Indian tribal government agency that is
required to make any determination to authorize the
issuance of a permit shall--
(i) concurrently consider, to the maximum
extent practicable, each determination to be
made; and
(ii) complete each step in the permitting
process; and
(C) issue a consolidated permit that combines all
permits that the domestic fuels producer is required to
obtain; and
(2) the Administrator shall provide to State and Indian
tribal government agencies--
(A) financial assistance in such amounts as the
agencies reasonably require to hire such additional
personnel as are necessary to enable the government
agencies to comply with the applicable schedule
established under paragraph (1)(B); and
(B) technical, legal, and other assistance in
complying with the domestic fuels facility permitting
agreement.
(c) Agreement by the State.--Under a domestic fuels facility
permitting agreement, a State or governing body of an Indian tribe
shall agree that--
(1) the Administrator shall have each of the authorities
described in subsection (b); and
(2) each State or Indian tribal government agency shall--
(A) make such structural and operational changes in
the agencies as are necessary to enable the agencies to
carry out consolidated project-wide permit reviews
concurrently and in coordination with the Environmental
Protection Agency and other Federal agencies; and
(B) comply, to the maximum extent practicable, with
the applicable schedule established under subsection
(b)(1)(B).
(d) Interdisciplinary Approach.--
(1) In general.--The Administrator and a State or governing
body of an Indian tribe shall incorporate an interdisciplinary
approach, to the maximum extent practicable, in the
development, review, and approval of domestic fuels facility
permits subject to this section.
(2) Options.--Among other options, the interdisciplinary
approach may include use of--
(A) environmental management practices; and
(B) third party contractors.
(e) Deadlines.--
(1) New domestic fuels facilities.--In the case of a
consolidated permit for the construction of a new domestic
fuels facility, the Administrator and the State or governing
body of an Indian tribe shall approve or disapprove the
consolidated permit not later than--
(A) 360 days after the date of the receipt of the
administratively complete application for the
consolidated permit; or
(B) on agreement of the applicant, the
Administrator, and the State or governing body of the
Indian tribe, 90 days after the expiration of the
deadline established under subparagraph (A).
(2) Expansion of existing domestic fuels facilities.--In
the case of a consolidated permit for the expansion of an
existing domestic fuels facility, the Administrator and the
State or governing body of an Indian tribe shall approve or
disapprove the consolidated permit not later than--
(A) 120 days after the date of the receipt of the
administratively complete application for the
consolidated permit; or
(B) on agreement of the applicant, the
Administrator, and the State or governing body of the
Indian tribe, 30 days after the expiration of the
deadline established under subparagraph (A).
(f) Federal Agencies.--Each Federal agency that is required to make
any determination to authorize the issuance of a permit shall comply
with the applicable schedule established under subsection (b)(1)(B).
(g) Judicial Review.--Any civil action for review of any
determination of any Federal, State, or Indian tribal government agency
in a permitting process conducted under a domestic fuels facility
permitting agreement brought by any individual or entity shall be
brought exclusively in the United States district court for the
district in which the domestic fuels facility is located or proposed to
be located.
(h) Efficient Permit Review.--In order to reduce the duplication of
procedures, the Administrator shall use State permitting and monitoring
procedures to satisfy substantially equivalent Federal requirements
under this section.
(i) Severability.--If 1 or more permits that are required for the
construction or operation of a domestic fuels facility are not approved
on or before any deadline established under subsection (e), the
Administrator may issue a consolidated permit that combines all other
permits that the domestic fuels producer is required to obtain other
than any permits that are not approved.
(j) Savings.--Nothing in this section affects the operation or
implementation of otherwise applicable law regarding permits necessary
for the construction and operation of a domestic fuels facility.
(k) Consultation With Local Governments.--Congress encourages the
Administrator, States, and tribal governments to consult, to the
maximum extent practicable, with local governments in carrying out this
section.
(l) Effect on Local Authority.--Nothing in this section affects--
(1) the authority of a local government with respect to the
issuance of permits; or
(2) any requirement or ordinance of a local government
(such as zoning regulations).
TITLE II--ENVIRONMENTAL ANALYSIS OF FISCHER-TROPSCH FUELS
SEC. 201. EVALUATION OF FISCHER-TROPSCH DIESEL AND JET FUEL AS AN
EMISSION CONTROL STRATEGY.
(a) In General.--In cooperation with the Secretary of Energy, the
Secretary of Defense, the Administrator of the Federal Aviation
Administration, Secretary of Health and Human Services, and Fischer-
Tropsch industry representatives, the Administrator shall--
(1) conduct a research and demonstration program to
evaluate the air quality benefits of ultra-clean Fischer-
Tropsch transportation fuel, including diesel and jet fuel;
(2) evaluate the use of ultra-clean Fischer-Tropsch
transportation fuel as a mechanism for reducing engine exhaust
emissions; and
(3) submit recommendations to Congress on the most
effective use and associated benefits of these ultra-clean
fuels for reducing public exposure to exhaust emissions.
(b) Guidance and Technical Support.--The Administrator shall, to
the extent necessary, issue any guidance or technical support documents
that would facilitate the effective use and associated benefit of
Fischer-Tropsch fuel and blends.
(c) Requirements.--The program described in subsection (a) shall
consider--
(1) the use of neat (100 percent) Fischer-Tropsch fuel and
blends with conventional crude oil-derived fuel for heavy-duty
and light-duty diesel engines and the aviation sector; and
(2) the production costs associated with domestic
production of those ultra clean fuel and prices for consumers.
(d) Reports.--The Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives--
(1) not later than 180 days after the date of enactment of
this Act, an interim report on actions taken to carry out this
section; and
(2) not later than 1 year after the date of enactment of
this Act, a final report on actions taken to carry out this
section.
TITLE III--DOMESTIC COAL-TO-LIQUID FUEL AND CELLULOSIC BIOMASS ETHANOL
SEC. 301. ECONOMIC DEVELOPMENT ASSISTANCE TO SUPPORT COMMERCIAL-SCALE
CELLULOSIC BIOMASS ETHANOL PROJECTS AND COAL-TO-LIQUIDS
FACILITIES ON BRAC PROPERTY AND INDIAN LAND.
(a) Priority.--Notwithstanding section 206 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3146), in awarding funds
made available to carry out section 209(c)(1) of that Act (42 U.S.C.
3149(c)(1)) pursuant to section 702 of that Act (42 U.S.C. 3232), the
Secretary and the Economic Development Administration shall give
priority to projects to support commercial-scale cellulosic biomass
ethanol projects and coal-to-liquids facilities.
(b) Federal Share.--Except as provided in subsection (c)(3)(B) and
notwithstanding the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 et seq.), the Federal share of a project to support a
commercial-scale biomass ethanol facility or coal-to-liquid facility
shall be--
(1) 80 percent of the project cost; or
(2) for a project carried out on Indian land, 100 percent
of the project cost.
(c) Additional Award.--
(1) In general.--The Secretary shall make an additional
award in connection with a grant made to a recipient (including
any Indian tribe for use on Indian land) for a project to
support a commercial-scale biomass ethanol facility or coal-to-
liquid facility.
(2) Amount.--The amount of an additional award shall be 10
percent of the amount of the grant for the project.
(3) Use.--An additional award under this subsection shall
be used--
(A) to carry out any eligible purpose under the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3121 et seq.);
(B) notwithstanding section 204 of that Act (42
U.S.C. 3144), to pay up to 100 percent of the cost of
an eligible project or activity under that Act; or
(C) to meet the non-Federal share requirements of
that Act or any other Act.
(4) Non-federal source.--For the purpose of paragraph
(3)(C), an additional award shall be treated as funds from a
non-Federal source.
(5) Funding.--The Secretary shall use to carry out this
subsection any amounts made available--
(A) for economic development assistance programs;
or
(B) under section 702 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3232).
TITLE IV--ALTERNATIVE HYDROCARBON AND RENEWABLE RESERVES DISCLOSURES
CLASSIFICATION SYSTEM
SEC. 401. ALTERNATIVE HYDROCARBON AND RENEWABLE RESERVES DISCLOSURES
CLASSIFICATION SYSTEM.
(a) In General.--The Securities and Exchange Commission shall
appoint a task force composed of government and private sector
representatives, including experts in the field of dedicated energy
crop feedstocks for cellulosic biofuels production, to analyze, and
submit to Congress a report (including recommendations) on--
(1) modernization of the hydrocarbon reserves disclosures
classification system of the Commission to reflect advances in
reserves recovery from nontraditional sources (such as deep
water, oil shale, tar sands, and renewable reserves for
cellulosic biofuels feedstocks); and
(2) the creation of a renewable reserves classification
system for cellulosic biofuels feedstocks.
(b) Deadline for Report.--The Commission shall submit the report
required under subsection (a) not later than 180 days after the date of
enactment of this Act.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act and the amendments made by this Act. | Gas Petroleum Refiner Improvement and Community Empowerment Act or the Gas PRICE Act - Directs the Administrator of the Environmental Protection Agency to enter into a domestic fuels facility permitting agreement with a requesting state or Indian tribe under which the process for obtaining all permits necessary for construction and operation of a domestic fuels facility shall use a prescribed interdisciplinary multimedia approach.
Requires the Administrator to: (1) conduct a research and demonstration program to evaluate the air quality benefits of ultra-clean Fischer-Tropsch transportation fuel, including diesel and jet fuel; (2) evaluate the use of such fuel for reducing engine exhaust emissions; and (3) submit recommendations and reports to Congress.
Directs the Secretary of Energy and the Economic Development Administration to give priority to projects supportting commercial-scale cellulosic biomass ethanol projects and coal-to-liquids facilities.
Directs the Secretary to make an additional award in connection with a grant made to a recipient (including any Indian tribe for use on Indian land) for a project to support a commercial-scale biomass ethanol facility or coal-to-liquid facility.
Directs the Securities and Exchange Commission (SEC) to appoint a task force to report to Congress on: (1) modernization of the hydrocarbon reserves disclosures classification system of the SEC to reflect advances in reserves recovery from nontraditional sources; and (2) creation of a renewable reserves classification system for cellulosic biofuels feedstocks. | A bill to improve domestic fuels security. |
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 2205 Public Print (PP)]
103d CONGRESS
1st Session
H. R. 2205
_______________________________________________________________________
AMENDMENT
June 29 (legislative day, June 22), 1993
Ordered to be printed as passed
June 29 (legislative day, June 22), 1993
Ordered to be printed as passed
In the Senate of the United States,
June 29 (legislative day, June 22), 1993.
Resolved, That the bill from the House of Representatives (H.R.
2205) entitled ``An Act to amend the Public Health Service Act to
revise and extend programs relating to trauma care'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This title may be cited as the ``Trauma Care Amendments Act of
1993''.
SEC. 2. ADVISORY COUNCIL ON TRAUMA CARE SYSTEMS.
(a) Membership.--Section 1202(c) of the Public Health Service Act
(42 U.S.C. 300d-1(c)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``12'' and inserting ``13'';
(B) in subparagraph (D), by striking ``and'' at the
end thereof;
(C) in subparagraph (E), by striking the period and
inserting ``; and''; and
(D) by adding at the end thereof the following new
subparagraph:
``(F) 1 shall be an individual who has been a
trauma patient at a designated trauma center.''; and
(2) in paragraphs (3), by striking ``25 percent'' and
inserting ``at least 4''.
(b) Terms.--Section 1202(d) of such Act (42 U.S.C. 300d-1(d)) is
amended by adding at the end thereof the following new paragraph:
``(3) Trauma patient.--A member appointed to serve on the
Council under subsection (c)(1)(F), including the initial
member appointed under such subsection, shall be appointed for
a term of 4 years.''.
(c) Meetings.--Section 1202(g) of such Act (42 U.S.C. 300d-1(g)) is
amended to read as follows:
``(g) Meetings.--The Council shall meet not less than once each
year, and if the Chair determines necessary, up to four times each
year.''.
SEC. 3. REQUIREMENTS.
Section 1213(a)(11) of the Public Health Service Act (42 U.S.C.
300d-13(a)(11)) is amended by striking ``any standard metropolitan
statistical area'' and inserting ``a border, with respect to State
areas in which logical geographic groupings across State borders would
be appropriate to carry out the purposes of this title''.
SEC. 4. FUNDING.
Section 1232(a) of the Public Health Service Act (42 U.S.C. 300d-
32(a)) is amended--
(1) by striking ``$60,000,000 for fiscal year 1991'' and
inserting ``$25,000,000 for fiscal year 1994''; and
(2) by striking ``1992 and 1993'' and inserting ``1995,
1996, and 1997.''.
SEC. 5. TECHNICAL AMENDMENTS.
Title XII of the Public Health Service Act is amended--
(1) in section 1212(a)(2)(A) (42 U.S.C. 300d-12(a)(2)(A)),
by striking ``1211(c)'' and inserting ``1211(b)'';
(2) in section 1213(a) (42 U.S.C. 300d-13(a))--
(A) by striking ``to provide'' in paragraphs (8)
and (9) and inserting ``provides''; and
(B) by striking ``to conduct'' in paragraph (10)
and inserting ``conducts'';
(3) in section 1213(c) (42 U.S.C. 300d-13(c)), by striking
``6,000'' in the matter following paragraph (4) and inserting
``6''; and
(4) in section 1231(3) (42 U.S.C. 300d-31), by striking
``Puerto Rico;'' and inserting ``Puerto Rico,''.
SEC. 6. STUDY CONCERNING FEDERAL DUPLICATION OF EMS AND TRAUMA CARE
ACTIVITIES.
(a) Study.--The General Accounting Office shall conduct a study to
determine the extent and desirability of the duplication of Federal
emergency medical services and trauma care activities. Within such
study the General Accounting Office shall--
(1) describe existing emergency medical service and trauma
care programs located within--
(A) the Federal Emergency Management Agency;
(B) the General Services Administration;
(C) the Department of Agriculture;
(D) the Department of Defense;
(E) the Department of Health and Human Services;
(F) the Department of Transportation;
(G) the Department of Veterans Affairs;
(H) the Federal Interagency Committee on Emergency
Medical Services; or
(I) any other relevant entities;
with respect to the purpose of each program, the amount of
resources allocated for each program and its respective grant
or contract programs for State, local, or nonprofit entities;
(2) examine each program described in paragraph (1) to
determine if there is a duplication of emergency medical
service and trauma care programs resulting in economic and
service inefficiencies;
(3) develop recommendations on the feasibility of
consolidating all programs described in paragraph (1) into one
Federal department or a smaller number of entities to limit the
duplication of such programs and enhance financial and service
efficiency for Federal emergency medical service and trauma
care programs;
(4) develop recommendations, if a consolidation described
in paragraph (3) is warranted, concerning which emergency
medical service and trauma care programs should continue and
the appropriate entity or entities to administer each such
program based upon the mission and expertise of such entity or
entities;
(5) develop recommendations concerning which Federal entity
should be the lead agency for emergency medical service and
trauma care programs in the Federal Government, to be
responsible for--
(A) administering programs for emergency medical
service and trauma care programs;
(B) acting as the first point of Federal contact
for all local, nonprofit and State entities in regard
to all Federal emergency medical service and trauma
care programs;
(C) administering the emergency medical service and
trauma care information clearinghouse for the use of
all Federal, State, local, and nonprofit entities;
(D) coordinating all Federal emergency medical
service and trauma care programs;
(E) serving as the Chair of an interagency
committee on emergency medical service, in the event
such an entity is recommended to exist for the
consolidated emergency medical service and trauma care
programs; and
(F) assuming other roles relevant to a lead agency
as determined appropriate by the General Accounting
Office; and
(6) develop recommendations for mechanisms to ensure that
the lead Federal entity described in paragraph (5) has power
sufficient to coordinate and prevent the duplication of Federal
emergency medical service and trauma care programs.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the General Accounting Office shall prepare and submit to the
appropriate committees of Congress a report concerning the study
conducted under subsection (a) and the recommendations made under such
study.
Attest:
Secretary. | Trauma Care Amendments Act of 1993 - Amends the Public Health Service Act to: (1) increase (from 12 to 13) the number of members of the Advisory Council on Trauma Care Systems; (2) include on the Council an individual who has been a trauma patient at a designated trauma center, to be appointed for a four-year term; and (3) require that at least four (currently, 25 percent) of the members be knowledgeable concerning rural areas.
Requires the Council to meet not less than once and, if the Chair determines necessary, up to four times each year (currently, at the call of the Chair and not less than once each three months).
Includes among requirements for State plans (in order to receive allotments) coordination and cooperation among bordering States with respect to areas in which logical geographic groupings across State borders would be appropriate (currently, among States that share any standard metropolitan statistical area).
Authorizes appropriations.
Directs the General Accounting Office to study and report to the appropriate congressional committees on the duplication of Federal emergency medical services and trauma activities. | Trauma Care Amendments Act of 1993 |
SECTION 1. PROGRAM ON PROVISION OF READJUSTMENT AND MENTAL HEALTH CARE
SERVICES TO VETERANS WHO SERVED IN OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM.
(a) Program Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
establish a program to provide--
(1) to veterans of Operation Iraqi Freedom and Operation
Enduring Freedom, particularly veterans who served in such
operations while in the National Guard and the Reserves--
(A) peer outreach services;
(B) peer support services;
(C) readjustment counseling and services described
in section 1712A of title 38, United States Code; and
(D) mental health services; and
(2) to members of the immediate family of such a veteran,
during the three-year period beginning on the date of the
return of such veteran from deployment in Operation Iraqi
Freedom and Operation Enduring Freedom, education, support,
counseling, and mental health services to assist in--
(A) the readjustment of such veteran to civilian
life;
(B) in the case such veteran has an injury or
illness incurred during such deployment, the recovery
of such veteran; and
(C) the readjustment of the family following the
return of such veteran.
(b) Contracts With Community Mental Health Centers and Qualified
Entities for Provision of Services.--In carrying out the program
required by subsection (a), the Secretary shall contract with community
mental health centers and other qualified entities to provide the
services required by such subsection only in areas the Secretary
determines are not adequately served by other health care facilities of
the Department of Veterans Affairs. Such contracts shall require each
contracting community health center or entity--
(1) to the extent practicable, to employ veterans trained
under subsection (c);
(2) to the extent practicable, to use telehealth services
for the delivery of services required by subsection (a);
(3) to participate in the training program conducted in
accordance with subsection (d);
(4) to comply with applicable protocols of the Department
of Veterans Affairs before incurring any liability on behalf of
the Department for the provision of the services required by
subsection (a);
(5) to submit annual reports to the Secretary containing,
with respect to the program required by subsection (a) and for
the last full calendar year ending before the submission of
such report--
(A) the number of the veterans served, veterans
diagnosed, and courses of treatment provided to
veterans as part of the program required by subsection
(a); and
(B) demographic information for such services,
diagnoses, and courses of treatment;
(6) for each veteran for whom a community mental health
center or other qualified entity provides mental health
services under such contract, to provide the Department of
Veterans Affairs with such clinical summary information as the
Secretary shall require; and
(7) to meet such other requirements as the Secretary shall
require.
(c) Training of Veterans for the Provision of Peer-Outreach and
Peer-Support Services.--In carrying out the program required by
subsection (a), the Secretary shall contract with a national not-for-
profit mental health organization to carry out a national program of
training for veterans described in subsection (a) to provide the
services described in subparagraphs (A) and (B) of paragraph (1) of
such subsection.
(d) Training of Clinicians for Provision of Services.--The
Secretary shall conduct a training program for clinicians of community
mental health centers or entities that have contracts with the
Secretary under subsection (b) to ensure that such clinicians can
provide the services required by subsection (a) in a manner that--
(1) recognizes factors that are unique to the experience of
veterans who served on active duty in Operation Iraqi Freedom
or Operation Enduring Freedom (including the combat and
military training experiences of such veterans); and
(2) uses best practices and technologies.
(e) Reports Required.--
(1) Initial report on plan for implementation.--Not later
than 45 days after the date of the enactment of this Act, the
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives a report containing the plans of the
Secretary to implement the program required by subsection (a).
(2) Status report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report
on the implementation of the program. Such report shall include
the following:
(A) Information on the number of veterans who
received services as part of the program and the type
of services received during the last full calendar year
completed before the submission of such report.
(B) An evaluation of the provision of services
under paragraph (2) of subsection (a) and a
recommendation as to whether the period described in
such paragraph should be extended to a five-year
period.
(C) An evaluation of the provision of services
under subparagraphs (A) and (B) of subsection (a)(1),
including a list of each national not-for-profit mental
health organization that provides such services
pursuant to subsection (c).
(D) An evaluation of the training provided under
subsection (d). | Directs the Secretary of Veterans Affairs (VA) to establish a program to provide peer support, readjustment, and mental health services to veterans who served in Operations Iraqi Freedom and Enduring Freedom (and related services to their family members). Requires an initial, and follow-up, report. | To direct the Secretary of Veterans Affairs to provide certain veterans with readjustment and mental health care services, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Region National Heritage Area
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Oil Region of Northwestern Pennsylvania, with
numerous sites and districts listed on the National Register of
Historic Places, and designated by the Governor of Pennsylvania
as one of the State Heritage Park Areas, is a region with
tremendous physical and natural resources and possesses a story
of State, national, and international significance.
(2) The single event of Colonel Edwin Drake's drilling of
the world's first successful oil well in 1859 has affected the
industrial, natural, social, and political structures of the
modern world.
(3) Six national historic districts are located within the
State Heritage Park boundary, in Emlenton, Franklin, Oil City,
and Titusville, as well as 17 separate National Register sites.
(4) The Allegheny River, which was designated as a
component of the national wild and scenic rivers system in 1992
by Public Law 102-271, traverses the Oil Region and connects
several of its major sites, as do some of the river's
tributaries such as Oil Creek, French Creek, and Sandy Creek.
(5) The unspoiled rural character of the Oil Region
provides many natural and recreational resources, scenic
vistas, and excellent water quality for people throughout the
United States to enjoy.
(6) Remnants of the oil industry, visible on the landscape
to this day, provide a direct linkage to the past for visitors,
as do the historic valley settlements, riverbed settlements,
plateau developments, farmlands, and industrial landscapes.
(7) The Oil Region also represents a cross-section of
American history associated with Native Americans, frontier
settlements, the French and Indian War, African-Americans and
the Underground Railroad, and immigration of Swedish and Polish
individuals, among others.
(8) Involvement by the Federal Government will serve to
enhance the efforts of the Commonwealth of Pennsylvania, local
subdivisions of the Commonwealth of Pennsylvania, volunteer
organizations, and private businesses, to promote the cultural,
national, and recreational resources of the region in order to
fulfill their full potential.
(b) Purpose.--The purpose of this Act is to enhance a cooperative
management framework to assist the Commonwealth of Pennsylvania, its
units of local government, and area citizens in retaining, enhancing,
and interpreting the significant features of the lands, water, and
structures of the Oil Region, in a manner consistent with positive
economic impact and development for the benefit and inspiration of
present and future generations in the Commonwealth of Pennsylvania and
the United States.
SEC. 3. OIL REGION NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Oil Region
National Heritage Area (in this Act referred to as the ``Heritage
Area'').
(b) Boundaries.--The Heritage Area shall be comprised of all or
parts of the counties of Venango and Crawford in Pennsylvania,
determined pursuant to the compact under section 4.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Oil Heritage Region, Inc., the locally based private,
nonprofit management corporation which will oversee the development of
the Oil Region National Heritage Park, as described in the ``Plan for
the Oil Region Heritage Park'', dated March 1994 (in this Act referred
to as the ``management entity'').
SEC. 4. COMPACT.
To carry out the purposes of this Act, the Secretary of the
Interior (in this Act referred to as the ``Secretary'') shall enter
into a compact with the management entity. The compact shall include
information relating to the objectives and management of the area,
including each of the following:
(1) A delineation of the boundaries of the Heritage Area.
(2) A discussion of the goals and objectives of the
Heritage Area, including an explanation of the proposed
approach to conservation and interpretation and a general
outline of the protection measures committed to by the
Secretary and management entity.
SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT
ENTITY.
(a) Authorities of the Management Entity.--The management entity
may, for purposes of preparing and implementing the management plan
developed under subsection (b), use funds made available through this
Act for the following:
(1) To make loans and grants to, and enter into cooperative
agreements with States and their political subdivisions,
private organizations, or any other person.
(2) To hire and compensate staff.
(b) Management Plan.--
(1) In general.--The management entity shall develop a
management plan for the Heritage Area that--
(A) presents comprehensive recommendations for the
Heritage Area's conservation, funding, management, and
development;
(B) takes into consideration existing State,
county, and local plans and involve residents, public
agencies, and private organizations working in the
Heritage Area;
(C) includes actions to be undertaken by units of
government and private organizations to protect the
resources of the Heritage Area; and
(D) specifies the existing and potential sources of
funding to protect, manage, and develop the Heritage
Area.
(2) Required provisions.--The management plan shall include
the following:
(A) An inventory of the resources contained in the
Heritage Area, including a list of any property in the
Heritage Area that is related to the themes of the
Heritage Area and that should be preserved, restored,
managed, developed, or maintained because of its
natural, cultural, historic, recreational, or scenic
significance.
(B) A recommendation of policies for resource
management which considers and details application of
appropriate land and water management techniques,
including, but not limited to, the development of
intergovernmental and interagency cooperative
agreements to protect the Heritage Area's historical,
cultural, recreational, and natural resources in a
manner consistent with supporting appropriate and
compatible economic viability.
(C) A program for implementation of the management
plan by the management entity, including plans for
restoration and construction, and specific commitments
for that implementation that have been made by the
management entity and any other persons for the first 5
years of implementation.
(D) An analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this Act.
(E) An interpretation plan for the Heritage Area.
(3) Deadline; termination of funding.--
(A) The management entity shall submit the
management plan to the Secretary within 1 year after
the date of enactment of this Act.
(B) If a management plan is not submitted to the
Secretary in accordance with this subsection, the
management entity shall not qualify for Federal
assistance under this Act after the 1-year period
beginning on the date of enactment of this Act.
(c) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions set forth in the
compact and management plan, including actions to assist units
of government, regional planning organizations, and nonprofit
organizations in preserving the Heritage Area;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the natural, historical, and architectural
resources and sites in the Heritage Area;
(D) the restoration of any historic building
relating to the themes of the Heritage Area; and
(E) ensuring that clear, consistent, and
environmentally appropriate signs identifying access
points and sites of interest are put in place
throughout the Heritage Area;
(3) encourage by appropriate means economic viability in
the Heritage Area consistent with the goals of the plan;
(4) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(5) conduct public meetings at least annually regarding the
implementation of the management plan;
(6) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary for the Secretary's
approval;
(7) for any year in which Federal funds have been provided
to implement the management plan under subsection (b)--
(A) submit an annual report to the Secretary
setting forth its accomplishments, its expenses and
income, and each person to which any loan or grant was
made by the management entity in the year for which the
report is made; and
(B) require, for all agreements entered into by the
management entity authorizing expenditure of Federal
funds by any other person, that the person making the
expenditure make available to the management entity for
audit all records pertaining to the expenditure of such
funds.
(d) Prohibition on the Acquisition of Real Property.--
(1) In general.--The management entity may not use Federal
funds received under this Act to acquire real property or an
interest in real property.
(2) Limitation.--Nothing in this Act shall preclude the
management entity from using Federal funds from other sources
for their authorized purposes.
SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon request of the
management entity, provide technical and, subject to the
availability of appropriations, financial assistance to the
management entity to develop and implement a management plan
that is submitted under section 5(b) and approved by the
Secretary.
(2) Priority.--In assisting the management entity, the
Secretary shall give priority to actions that in general assist
in--
(A) conserving the significant natural, historic,
and cultural resources that support the themes of the
management plan; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the
resources and associated values of the Heritage Area.
(3) Documentation of structures, etc.--The Secretary,
acting through the Historic American Building Survey and the
Historic American Engineering Record, shall conduct studies
necessary to document the industrial, engineering, building,
and architectural history of the Heritage Area.
(b) Approval and Disapproval of Management Plans.--The Secretary,
in consultation with the Governor of Pennsylvania, shall approve or
disapprove a management plan submitted under this Act not later than 90
days after receiving such plan.
(c) Action Following Disapproval.--If the Secretary disapproves a
management plan, the Secretary shall advise the management entity in
writing of the reasons for the disapproval and shall make
recommendations for revisions in the plan. The Secretary shall approve
or disapprove a proposed revision within 90 days after the date it is
submitted.
(d) Approving Changes.--The Secretary shall review amendments to
the management plan under section 5(b) that make substantial changes
required to be submitted under section 5(c)(6). Funds appropriated
under the authority of this Act may not be expended to implement such
changes until the Secretary approves the amendments.
SEC. 7. SUNSET.
The Secretary may not make any grant or provide any assistance
under this Act after the expiration of the 10-year period beginning on
the date the Secretary approves a management plan submitted under
section 5(b).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated under this
Act--
(1) not more than $1,000,000 for any fiscal year; and
(2) Not more than a total of $10,000,000.
(b) 50 Percent Match.--Financial assistance provided under this Act
may not be used to pay more than 50 percent of the total cost of any
activity carried out with that assistance. | Requires the Oil Heritage Region, Inc., a locally based, private nonprofit management corporation, to be the management entity for the Heritage Area.
Directs the management entity to develop a management plan for the Heritage Area. Lists required plan elements and provides for submission of the plan to the Secretary of the Interior for approval. Disqualifies the management entity from eligibility for Federal assistance under this Act if the plan is not submitted within one year of this Act's enactment date.
Describes duties of the management entity. Bars the management entity from using Federal funds received under this Act to acquire real property.
Authorizes the Secretary, upon request of the management entity, to provide technical and, subject to the availability of appropriations, financial assistance to the management entity to develop and implement the management plan.
Directs the Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record, to conduct studies to document the industrial, engineering, building, and architectural history of the Heritage Area.
Sets forth procedures for management plan approval.
Bars assistance under this Act after the expiration of the ten-year period beginning on the date the Secretary approves the management plan.
Authorizes appropriations. Bars the use of assistance to pay more than 50 percent of an activity's total cost. | Oil Region National Heritage Area Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Cost Reduction Act of 2000''.
SEC. 2. EXEMPTION FOR COMMUNICATIONS INVOLVING LEGAL PROCEEDINGS.
Section 803(2) of the Fair Debt Collection Practices Act (15 U.S.C.
1692a(2)) is amended--
(1) by striking ```communication' means'' and inserting the
following: ```communication'--
``(A) means'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(B) does not include any action taken pursuant
to--
``(i) the Federal Rules of Civil Procedure;
``(ii) in the case of a proceeding in a
State court, the rules of civil procedure
available under the laws of such State; or
``(iii) a nonjudicial foreclosure.''.
SEC. 3. COLLECTION ACTIVITY FOLLOWING INITIAL NOTICE.
Section 809 of the Fair Debt Collection Practices Act (15 U.S.C.
1692g) is amended by adding at the end the following:
``(d) Continuation During Period.--Collection activities and
communications may continue during the 30-day period described in
subsection (a), unless the consumer requests the cessation of such
activities.''.
SEC. 4. LIABILITY FOR NONCOMPLIANCE.
(a) Clarification of Limitation on Class Action Awards.--Section
813(a)(2)(B) of the Fair Debt Collection Practices Act (15 U.S.C.
1692k(a)(2)(B)) is amended--
(1) by inserting ``or any series of class actions arising
out of the same violations by the same debt collector'' after
``case of a class action''; and
(2) by inserting ``of such class action or series of class
actions'' after ``all other class members''.
(b) Attorneys Fees To Enforce Civil Liability.--Section 813(a)(3)
of the Fair Debt Collection Practices Act (15 U.S.C. 1692k(a)(3)) is
amended to read as follows:
``(3) subject to subsection (f), in the case of a
successful action to enforce a liability under paragraph (1) or
(2), the costs of the action, including reasonable attorney's
fees, as determined by the court, in an amount not to exceed
the amount awarded in such action under the applicable
paragraph.''.
(c) Rules Applicable to Certain Actions.--Section 813 of the Fair
Debt Collection Practices Act (15 U.S.C. 1692k) is amended by adding at
the end the following:
``(f) Rules Applicable to Actions Under This Title.--
Notwithstanding any other provision of law, in any action arising under
this title, for purposes of rule 68 of the Federal Rules of Civil
Procedure, the following provisions shall apply:
``(1) Plaintiff's attorney's fees.--Costs shall include
reasonable fees for the plaintiff's attorney.
``(2) Disallowance of certain fees accruing after refusal
of settlement offer.--In accordance with rule 68 of the Federal
Rules of Civil Procedure, if--
``(A) an offer is made by the debt collector to a
consumer bringing an action (including any class action
or series of class actions referred to in subsection
(a)(2)(B)) under this title, and the offer is not
accepted; and
``(B) the amount of the final judgment awarded to
the consumer (or, in the case of a class action or
series of class actions, the total amount awarded to
all class members in such class action or series of
class actions) is less than or equal to the amount of
the offer referred to in subparagraph (A),
the consumer (or the class with regard to a class action or
series of class actions) may not be awarded or otherwise
recover costs for attorney's fees incurred after the date such
offer is rejected.''.
(d) Factors for Consideration.--Section 813(b) of the Fair Debt
Collection Practices Act (15 U.S.C. 1692k(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``liability in any action'' and inserting ``any award''; and
(2) by striking paragraph (1) and inserting the following:
``(1) in any action under subsection (a)(2)(A), the
frequency and persistence of noncompliance by the debt
collector, the nature of such noncompliance, the extent to
which the such noncompliance was intentional, and the amount of
actual damages awarded; or''.
(e) Bona Fide Errors.--Section 813(c) of the Fair Debt Collection
Practices Act (15 U.S.C. 1692k(c)) is amended--
(1) by striking ``(c) A debt collector may not'' and
inserting the following:
``(c) Bona Fide Errors.--
``(1) In general.--A debt collector may not''; and
(2) by adding at the end the following:
``(2) Reliance on rules of civil procedure.--A debt
collector may not be held liable in any action brought under
this title, if the debt collector shows by a preponderance of
the evidence that the violation resulted from good faith
compliance with--
``(A) the Federal Rules of Civil Procedure;
``(B) in the case of a proceeding in a State court,
the rules of civil procedure available under the laws
of such State; or
``(C) a nonjudicial foreclosure proceeding.''.
SEC. 5. MORTGAGE SERVICERS' REGULATORY BURDEN RELIEF.
(a) In General.--The Fair Debt Collection Practices Act (15 U.S.C.
1692 et seq.) is amended--
(1) by redesignating section 818 as section 819; and
(2) by inserting after section 817 the following:
``Sec. 818. Mortgage servicer exemption
``(a) Exemption.--Any servicer of federally related mortgage loans
secured by first liens shall be exempt from the requirements of
sections 807(11) and 809 in connection with the collection of any debt
that is a federally related mortgage loan secured by a first lien, if
the servicer is--
``(1) a debt collector; and
``(2) a servicer for whom the collection of delinquent
debts is secondary to the primary function of the servicer of
servicing federally related mortgage loans.
``(b) Validation Statement.--If a debt collector is exempt,
pursuant to subsection (a), from the requirements of section 809 with
respect to any federally related mortgage loan to a consumer that is
secured by a first lien, the servicer shall provide to the consumer, at
least 30 days before any acceleration of the debt and without charge to
such consumer--
``(A) a notice of the consumer's right to receive a
validation statement; or
``(B) a validation statement.
``(2) Qualified validation requests.--
``(A) Response to request.--If a servicer described
in paragraph (1) provides a consumer with a notice
under subparagraph (A) of such paragraph, the servicer
shall provide such consumer with a validation statement
not more than 10 days after receiving a qualified
validation request from such consumer.
``(B) No delay required.--No provision of this
title shall be construed as requiring a servicer
described in paragraph (1) to delay acceleration,
foreclosure, or any other action with respect to a
federally related mortgage loan for which the servicer
provided a notice to the consumer under paragraph
(1)(A) due to the receipt by such servicer of a
qualified validation request from such consumer.
``(C) Receipt and handling of requests.--A servicer
described in paragraph (1) may establish a separate and
exclusive office for the receipt and handling of any
qualified validation request from any consumer under
this subsection if the servicer provides notice of that
fact and the address of the office to the consumer--
``(i) in the notice provided to such
consumer pursuant to paragraph (1)(A); or
``(ii) separately by first class mail with
prepaid postage.
``(3) Reasonable estimates of third party charges.--A
servicer described in paragraph (1) shall not be liable under
this title for any inaccurate amount contained in a validation
statement provided to a consumer with respect to a federally
related mortgage loan secured by a first lien to the extent the
inaccurate amount--
``(A) relates to costs for services to be provided
by third parties; and
``(B) constitutes a reasonable estimate of such
costs.
``(c) Definitions.--In this section:
``(1) Federally related mortgage loan.--The term `federally
related mortgage loan' has the meaning given the term in
section 3(1) of the Real Estate Settlement Procedures Act of
1974.
``(2) Qualified validation request.--The term `qualified
validation request' means a written request for a validation
statement from a consumer to a servicer that--
``(A) includes the name and account number of the
consumer or such other information as may be necessary
to allow the servicer to identify such name and account
number; and
``(B) is not written on or otherwise included with
a payment coupon or other payment medium provided by
the servicer.
``(3) Servicer; servicing.--The terms `servicer' and
`servicing' have the meanings given those terms in section 6(i)
of the Real Estate Settlement Procedures Act of 1974.
``(4) Validation statement.--The term `validation
statement' means a statement of--
``(A) the total amount a consumer must pay, as of a
particular date, to bring the consumer's loan current;
and
``(B) the total amount a consumer must pay, as of a
particular date, to satisfy the loan in full.''.
(b) Clerical Amendment.--The table of sections for the Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.) is amended--
(1) by redesignating the item relating to section 818 as an
item relating to section 819; and
(2) by inserting after the item relating to section 817 the
following:
``818. Mortgage servicer exemption.''. | Permits collection activities and communications during the 30-day notice period following initial debt notification to the consumer.
Revises civil liability guidelines for a debt collector's noncompliance with the Act with respect to: (1) consumer's attorney's fees; (2) disallowance of certain attorney's fees accruing after a consumer's refusal of a debt collector's settlement offer if a final judgment amounts to the same as or less than such offer; (3) additional factors for consideration by the court in determining the amount of any award; and (4) a debt collector's good faith compliance with State or Federal rules of civil procedure as a shield against liability.
Cites conditions under which a servicer of federally related mortgage loans secured by first liens is exempt from certain requirements relating to: (1) debt notification and validation; and (2) failure to disclose that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose. Requires such a servicer, if a debt collector is exempt from ordinary debt validation requirements, to provide a consumer, without charge, with a validation statement or a notice of the consumer's right to receive one at least 30 days before any debt acceleration. | Credit Cost Reduction Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Freedom Act of 2010''.
SEC. 2. ZERO PERCENT CAPITAL GAINS RATE FOR INDIVIDUALS AND
CORPORATIONS.
(a) Zero Percent Capital Gains Rate for Individuals.--
(1) In general.--Paragraph (1) of section 1(h) of the
Internal Revenue Code of 1986 is amended by striking
subparagraph (C), by redesignating subparagraphs (D) and (E)
and subparagraphs (C) and (D), respectively, and by amending
subparagraph (B) to read as follows:
``(B) 0 percent of the adjusted net capital gain
(or, if less, taxable income);''.
(2) Alternative minimum tax.--Paragraph (3) of section
55(b) is amended by striking subparagraph (C), by redesignating
subparagraph (D) as subparagraph (C), and by amending
subparagraph (B) to read as follows:
``(B) 0 percent of the adjusted net capital gain
(or, if less, taxable excess), plus''.
(3) Repeal of sunset of reduction in capital gains rates
for individuals.--Section 303 of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 shall not apply to section 301 of
such Act.
(b) Zero Percent Capital Gains Rate for Corporations.--
(1) In general.--Section 1201 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (b) as
subsection (c), and by striking subsection (a) and inserting
the following new subsections:
``(a) General Rule.--If for any taxable year a corporation has a
net capital gain, then, in lieu of the tax imposed by sections 11, 511,
821(a) or (c), and 831(a), there is hereby imposed a tax (if such tax
is less than the tax imposed by such sections) which shall consist of
the sum of--
``(1) a tax computed on the taxable income reduced by the
amount of the net capital gain, at the rates and in the manner
as if this subsection had not been enacted,
``(2) 0 percent of the adjusted net capital gain (or, if
less, taxable income),
``(3) 25 percent of the excess (if any) of--
``(A) the unrecaptured section 1250 gain (or, if
less, the net capital gain (determined without regard
to subsection (b)(2)), over
``(B) the excess (if any) of--
``(i) the sum of the amount on which tax is
determined under paragraph (1) plus the net
capital gain, over
``(ii) taxable income, plus
``(4) 28 percent of the amount of taxable income in excess
of the sum of the amounts on which tax is determined under the
preceding paragraphs of this subsection.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) In general.--The terms `adjusted net capital gain'
and `unrecaptured section 1250 gain' shall have the respective
meanings given such terms in section 1(h).
``(2) Dividends taxed at net capital gain.--Except as
otherwise provided in this section, the term `net capital gain'
has the meaning given such term in section 1(h)(11).''.
(2) Alternative minimum tax.--Section 55(b) of such Code is
amended by adding at the end the following new paragraph:
``(4) Maximum rate of tax on net capital gain of
corporations.--The amount determined under paragraph (1)(B)(i)
shall not exceed the sum of--
``(A) the amount determined under such paragraph
computed at the rates and in the same manner as if this
paragraph had not been enacted on the taxable excess
reduced by the net capital gain, plus
``(B) the amount determined under section 1201.''.
(3) Technical amendments.--
(A) Section 1202(a) of such Code is amended by
striking ``50 percent'' and inserting ``100 percent''.
(B) Section 1445(e)(1) of such Code is amended by
striking ``35 percent (or, to the extent provided in
regulations, 15 percent)'' and inserting ``0 percent''.
(C) Section 1445(e)(2) of such Code is amended by
striking ``35 percent'' and inserting ``0 percent''.
(D) Section 7518(g)(6)(A) of such Code is amended
by striking ``15 percent (34 percent in the case of a
corporation)'' and inserting ``0 percent''.
(E) Section 607(h)(6)(A) of the Merchant Marine
Act, 1936 is amended by striking ``15 percent (34
percent in the case of a corporation)'' and inserting
``0 percent''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2009.
(2) Withholding.--The amendments made by subparagraphs (A)
and (B) of subsection (b)(3) shall take apply to dispositions
and distributions after the date of the enactment of this Act.
SEC. 3. REDUCTION IN CORPORATE INCOME TAX RATES.
(a) In General.--Subsection (b) of section 11 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) shall be 12.5 percent of taxable income.''.
(b) Conforming Amendments.--
(1) Section 55(b)(1)(B)(i) of such Code is amended by
striking ``20 percent'' and inserting ``12.5 percent''.
(2) Section 280C(c)(3)(B)(ii)(II) of such Code is amended
by striking ``maximum rate of tax under section 11(b)(1)'' and
inserting ``rate of tax under section 11(b)''.
(3) Section 832(b)(1) of such Code is amended by striking
``rates provided in section 11(b)'' and inserting ``rate
provided in section 11(b)''.
(4) Sections 244(a)(2)(B), 247(a)(2)(B), 527(b)(1), 835(e),
852(b)(1), 857(b)(4)(A), 860G(c)(1), 904(b)(3)(E)(ii)(II), and
1375(a) of such Code is amended by striking ``highest rate of
tax'' and inserting ``rate of tax''.
(5) Sections 860E(e)(2)(B), 860E(e)(6)(A)(ii),
860K(d)(2)(A)(ii), 860K(e)(1)(B)(ii), 1446(b)(2)(B), and
7874(e)(1)(B) of such Code are each amended by striking
``highest rate of tax specified in section 11(b)(1)'' and
inserting ``rate of tax specified in section 11(b)''.
(6) Section 904(b)(3)(D)(ii) of such Code is amended by
striking ``(determined without regard to the last sentence of
section 11(b)(1))''.
(7) Section 962 of such Code is amended by striking
subsection (c) and by redesignating subsection (d) as
subsection (c).
(8) Section 1201(a) of such Code is amended--
(A) by striking ``35 percent (determined without
regard to the last 2 sentences of section 11(b)(1))''
and inserting ``15 percent'', and
(B) by striking ``35 percent'' in paragraph (2) and
inserting ``15 percent''.
(9) Section 1561(a) of such Code is amended--
(A) by striking paragraph (1) and by redesignating
paragraphs (2), (3), and (4) as paragraphs (1), (2),
and (3), respectively,
(B) by striking ``The amounts specified in
paragraph (1), the'' and inserting ``The'',
(C) by striking ``paragraph (2)'' and inserting
``paragraph (1)'',
(D) by striking ``paragraph (3)'' both places it
appears and inserting ``paragraph (2)'',
(E) by striking ``paragraph (4)'' and inserting
``paragraph (3)'', and
(F) by striking the fourth sentence.
(10) Subsection (b) of section 1561 of such Code is amended
to read as follows:
``(b) Certain Short Taxable Years.--If a corporation has a short
taxable year which does not include a December 31 and is a component
member of a controlled group of corporations with respect to such
taxable year, then for purposes of this subtitle, the amount to be used
in computing the accumulated earnings credit under section 535(c)(2)
and (3) of such corporation for such taxable year shall be the amount
specified in subsection (a)(1) divided by the number of corporations
which are component members of such group on the last day of such
taxable year. For purposes of the preceding sentence, section 1563(b)
shall be applied as if such last day were substituted for December
31.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 4. ESTATE TAX REPEAL MADE PERMANENT.
Section 901 of the Economic Growth and Tax Relief Reconciliation
Act of 2001 shall not apply to title V of such Act.
SEC. 5. ELECTION TO EXPENSE BUSINESS ASSETS.
(a) In General.--Section 179 of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 179. ELECTION TO EXPENSE CERTAIN DEPRECIABLE BUSINESS ASSETS.
``(a) Treatment as Expenses.--A taxpayer may elect to treat the
cost of any property to which this section applies as an expense which
is not chargeable to capital account. Any cost so treated shall be
allowed as a deduction for the taxable year in which such property is
placed in service.
``(b) Property to Which Section Applies.--
``(1) In general.--This section shall apply to property--
``(A) which is--
``(i) tangible property (to which section
168 applies), or
``(ii) computer software (as defined in
section 197(e)(3)(B)) which is described in
section 197(e)(3)(A)(i), to which section 167
applies,
``(B) which is section 1245 property (as defined in
section 1245(a)(3)) or 1250 property (as defined in
section 1250(c)), and
``(C) which is acquired by purchase for use in the
active conduct of a trade or business.
Such term shall not include any property described in section
50(b) and shall not include air conditioning or heating units.
``(2) Purchase defined.--For purposes of paragraph (1), the
term `purchase' means any acquisition of property, but only
if--
``(A) the property is not acquired from a person
whose relationship to the person acquiring it would
result in the disallowance of losses under section 267
or 707(b) (but, in applying section 267(b) and (c) for
purposes of this section, paragraph (4) of section
267(c) shall be treated as providing that the family of
an individual shall include only his spouse, ancestors,
and lineal descendants),
``(B) the property is not acquired by one component
member of a controlled group from another component
member of the same controlled group, and
``(C) the basis of the property in the hands of the
person acquiring it is not determined--
``(i) in whole or in part by reference to
the adjusted basis of such property in the
hands of the person from whom acquired, or
``(ii) under section 1014(a) (relating to
property acquired from a decedent).
``(3) Cost.--For purposes of this section, the cost of
property does not include so much of the basis of such property
as is determined by reference to the basis of other property
held at any time by the person acquiring such property.
``(4) Controlled group defined.--For purposes of this
section, the term `controlled group' has the meaning assigned
to it by section 1563(a), except that, for such purposes, the
phrase `more than 50 percent' shall be substituted for the
phrase `at least 80 percent' each place it appears in section
1563(a)(1).
``(5) Coordination with section 38.--No credit shall be
allowed under section 38 with respect to any amount for which a
deduction is allowed under subsection (a).
``(6) Recapture in certain cases.--The Secretary shall, by
regulations, provide for recapturing the benefit under any
deduction allowable under subsection (a) with respect to any
property which is not used predominantly in a trade or business
at any time.
``(c) Election.--
``(1) In general.--An election under this section for any
taxable year shall--
``(A) specify the items of property to which the
election applies, and
``(B) be made on the taxpayer's return of the tax
imposed by this chapter for the taxable year.
Such election shall be made in such manner as the Secretary may
by regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section, and any specification contained in any such election,
may not be revoked except with the consent of the Secretary.''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after the date of the enactment of this
Act.
SEC. 6. PAYROLL TAX DECREASE FOR 2010.
(a) Employees.--Section 3101 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Reduction in Tax Rate for 2010.--In the case of wages
received during calendar year 2010--
``(1) subsection (a) shall be applied by substituting `3.1
percent' for `6.2 percent' in the table contained therein, and
``(2) subsection (b) shall be applied by substituting
`0.725 percent' for `1.45 percent' in paragraph (6) thereof.''.
(b) Employers.--Section 3111 of such Code is amended by adding at
the end the following new subsection:
``(d) Reduction in Tax Rate for 2010.--In the case of wages paid
during calendar year 2010--
``(1) subsection (a) shall be applied by substituting `3.1
percent' for `6.2 percent' in the table contained therein, and
``(2) subsection (b) shall be applied by substituting
`0.725 percent' for `1.45 percent' in paragraph (6) thereof.''.
(c) Self-Employment.--Section 1401 of such Code is amended by
adding at the end the following new subsection:
``(d) Reduction in Tax Rate for 2010.--In the case of a taxable
year beginning in 2010--
``(1) subsection (a) shall be applied by substituting `6.2
percent' for `12.4 percent' in the table contained therein, and
``(2) subsection (b) shall be applied by substituting `1.45
percent' for `2.90 percent' in paragraph (6) thereof.''.
(d) Effective Date.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply with respect to
remuneration paid after December 31, 2009.
(2) Self-employment.--The amendment made by subsection (c)
shall apply to taxable years beginning after December 31, 2009.
SEC. 7. RESCISSION AND REPEAL IN ARRA.
(a) Rescission.--Of the discretionary appropriations made available
in division A of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5), all unobligated balances are rescinded.
(b) Repeal.--Subtitles B and C of title II and titles III through
VII of division B of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) are repealed.
SEC. 8. TERMINATION OF TARP AUTHORITY.
Section 120 of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5230) is amended to read as follows:
``SEC. 120. TERMINATION OF AUTHORITY.
``The authorities provided under sections 101(a), excluding section
101(a)(3), and 102 shall terminate on the date of the enactment of the
Economic Freedom Act of 2010.''.
SEC. 9. REQUIRING THE SALE OF STOCK AND WARRANTS RECEIVED UNDER TARP.
Not later than the end of the 1-year period beginning on the date
of the enactment of this Act, the Secretary of the Treasury shall sell
all stock and warrants acquired by the Secretary under the Troubled
Asset Relief Program under title I of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5211 et seq.). | Economic Freedom Act of 2010 - Amends the Internal Revenue Code to: (1) eliminate the tax on the capital gains of individuals and corporations; (2) reduce the maximum corporate income tax rate to 12.5%; (3) allow a permanent and unlimited expensing allowance for depreciable business assets; and (4) reduce payroll tax rates for employers, employees, and self-employed individuals in 2010.
Makes permanent the repeal of the estate and generation-skipping transfer taxes.
Rescinds unobligated balances available in the American Recovery and Reinvestment Act of 2009. Repeals provisions of such Act relating to the Temporary Assistance to Needy Families program, economic recovery payments, premium assistance for COBRA (health insurance continuation benefits) payments, Medicare and Medicaid health information technology, state fiscal relief, broadband technology, and limits on executive compensation.
Amends the Emergency Economic Stabilization Act to repeal the authority for the Troubled Asset Relief Program (TARP).
Requires the Secretary of the Treasury to sell all stock and warrants acquired by the Secretary under TARP. | To amend the Internal Revenue Code of 1986 to allow the private sector to create robust levels of economic growth. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Exploitation Through
Trafficking Act of 2013''.
SEC. 2. NATIONAL SAFE HARBOR LAW.
(a) Definitions.--In this section--
(1) the term ``commercial sex act'' shall have the meaning
given the term in section 103 of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7102);
(2) the term ``minor'' means an individual who has not
attained the age of 18 years;
(3) the term ``severe form of trafficking in persons''
shall have the meaning given the term in section 103 of the
Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7102); and
(4) the term ``State'' shall have the meaning given the
term in section 901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791).
(b) Enactment of Safe Harbor Law.--On or after the date that is 3
years after the date of enactment of this Act, each State shall have in
effect legislation that--
(1) treats a minor who has engaged in, or has attempted to
engage in, a commercial sex act as a victim of a severe form of
trafficking in persons;
(2) discourages the charging or prosecution of an
individual described in paragraph (1) for a prostitution or sex
trafficking offense, based on the conduct described in
paragraph (1); and
(3) encourages the diversion of an individual described in
paragraph (1) to child protection services.
(c) Eligibility for Byrne Justice Assistance Grant Funds.--
(1) In general.--If a State fails to comply with subsection
(b), the Attorney General may withhold--
(A) during the 2 fiscal years beginning after the
3-year period subsequent to the date of enactment of
this Act, 3 percent of the amount that would otherwise
be allocated to the State under section 505 of title I
of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3755);
(B) during the fiscal year subsequent to the
expiration of the period referred to in subparagraph
(A), 4 percent of the amount that would otherwise be
allocated to the State under section 505 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3755); and
(C) during any fiscal year subsequent to the
expiration of the period referred to in subparagraph
(B), 5 percent of the amount that would otherwise be
allocated to the State under section 505 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3755).
(2) Reallocation.--Any funds under section 505 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755) that are not allocated to a State because of the
failure of the State to comply with subsection (b) shall be
reallocated to States that comply with subsection (b).
SEC. 3. CIVIL REMEDIES.
Section 1595(a) of title 18, United States Code, is amended by
inserting ``treble'' before ``damages''.
SEC. 4. RESTITUTION.
(a) Establishment of Process for Data Collection.--Not later than
180 days after the date of enactment of this Act, the Attorney General
shall establish a process to collect and analyze data relating to the
issuance and enforcement of mandatory restitution orders under section
1593 of title 18, United States Code.
(b) Requirements.--The process required to be established under
subsection (a) shall--
(1) ensure that data is collected for each offense charged
under chapter 77 of title 18, United States Code; and
(2) allow for the tracking of enforcement of each
restitution order under section 1593 of title 18, United States
Code.
(c) Annual Report.--Section 105(d)(7) of the Victims Trafficking
and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is amended--
(1) in subparagraph (Q)(v), by striking ``and'' at the end;
(2) in subparagraph (R), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(S) for the first report submitted under this
paragraph on or after January 1, 2015, and each report
thereafter, the data collected under section 4 of the
Stop Exploitation Through Trafficking Act of 2013;''.
SEC. 5. NATIONAL HUMAN TRAFFICKING HOTLINE.
Section 107(b)(2) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) National human trafficking hotline.--
Beginning in fiscal year 2017 and each fiscal year
thereafter, of amounts made available for grants under
this paragraph, the Secretary of Health and Human
Services shall make grants for a national communication
system to assist victims of severe forms of trafficking
in persons in communicating with service providers. The
Secretary shall give priority to grant applicants that
have experience in providing telephone services to
victims of severe forms of trafficking in persons.''.
SEC. 6. JOB CORPS ELIGIBILITY.
Section 144(3) of the Workforce Investment Act of 1998 (29 U.S.C.
2884(3)) is amended by adding at the end the following:
``(F) A victim of a severe form of trafficking in
persons (as defined in section 103 of the Victims of
Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7102)). Notwithstanding paragraph (2), an
individual described in this subparagraph shall not be
required to demonstrate eligibility under such
paragraph.''.
SEC. 7. ESTABLISHING A NATIONAL STRATEGY TO COMBAT HUMAN TRAFFICKING.
(a) In General.--The Attorney General shall implement and maintain
a National Strategy for Combating Human Trafficking (referred to in
this section as the ``National Strategy'') in accordance with this
section.
(b) Required Contents of National Strategy.--The National Strategy
shall include the following:
(1) Integrated Federal, State, local, and tribal efforts to
investigate and prosecute human trafficking cases, including--
(A) the partnership by each United States attorney
with other Federal, State, local, and tribal law
enforcement partners working in the district of such
attorney to implement the National Strategy;
(B) the development by each United States attorney
of a district-specific strategic plan to coordinate the
investigation and prosecution of human trafficking
crimes;
(C) the development and implementation of
strategies to identify and rescue victims of human
trafficking;
(D) the appointment of not less than 1 assistant
United States attorney in each district dedicated to
the prosecution of human trafficking cases or
responsible for implementing the National Strategy;
(E) the participation in local training,
educational, and awareness programs of human
trafficking crimes;
(F) the participation in any Federal, State, local,
or tribal human trafficking task force operating in the
district of the United States attorney; and
(G) any other efforts intended to enhance the level
of coordination and cooperation, as is to be determined
by the Attorney General.
(2) Case coordination within the Department of Justice,
including specific integration, coordination, and
collaboration, as appropriate, on human trafficking
investigations between and among the United States attorneys,
the Human Trafficking Prosecution Unit, the Child Exploitation
and Obscenity Section, and the Federal Bureau of Investigation,
including--
(A) the regular and timely notification to the
United States attorneys, the Human Trafficking
Prosecution Unit, and the Child Exploitation and
Obscenity Section of any sex or labor trafficking
investigations opened by the Federal Bureau of
Investigation, the Department of Homeland Security, the
Department of Labor, or the Human Smuggling and
Trafficking Center under section 1581, 1583, 1584,
1589, 1590, 1591, 1592, or 1594 of title 18, United
States Code; and
(B) the reporting of the number of investigations
described in subparagraph (A) in the annual report
required under section 105(d)(7) of the Victims
Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7103(d)(7)).
(3) Interagency coordination regarding the prevention,
investigation, and apprehension of individuals targeting and
exploiting adults and children for human trafficking, including
collaboration and cooperation with--
(A) the Department of Homeland Security;
(B) the Department of Labor;
(C) the Department of State;
(D) the Department of Health and Human Services;
(E) the Bureau of Indian Affairs; and
(F) other appropriate Federal agencies.
(4) Measurable objectives and long-term, quantifiable goals
that the Attorney General determines may be achieved.
(5) Annual budget priorities and Federal efforts dedicated
to preventing and combating human trafficking, including
resources dedicated to the Human Trafficking Prosecution Unit,
the Child Exploitation and Obscenity Section, the Federal
Bureau of Investigation, and all other entities that receive
Federal support that have a goal or mission to combat the
exploitation of adults and children.
(6) An ongoing assessment of the future trends, challenges,
and opportunities, including new investigative strategies,
techniques, and technologies, that will enhance Federal, State,
local, and tribal efforts to combat human trafficking.
(7) Encouragement of cooperation, coordination, and mutual
support between private sector and other entities and
organizations and Federal agencies to combat human trafficking,
including the involvement of State, local, and tribal
government agencies to the extent Federal programs are
involved.
SEC. 8. ENHANCING LAW ENFORCEMENT COORDINATION.
Section 105(d)(7) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(d)(7)), as amended by section 4,
is amended by adding at the end the following:
``(T) the number of sex and labor trafficking
investigations opened by the Federal Bureau of
Investigation, the Department of Homeland Security, the
Department of Labor, or the Human Smuggling and
Trafficking Center under section 1581, 1583, 1584,
1589, 1590, 1591, 1592, or 1594 of title 18, United
States Code, during the preceding fiscal year; and
``(U) the number of the sex and labor trafficking
investigations described in subparagraph (T) that were
reported to the United States attorneys, the Human
Trafficking Prosecution Unit in the Civil Rights
Division of the Department of Justice, and the Child
Exploitation and Obscenity Section in the Criminal
Division of the Department of Justice.''.
SEC. 9. SEX OFFENDER REGISTRY.
Section 111 of the Sex Offender Registration and Notification Act
(42 U.S.C. 16911) is amended--
(1) in paragraph (3)(A)--
(A) by striking clause (i); and
(B) by redesignating clauses (ii), (iii), and (iv)
as clauses (i), (ii), and (iii), respectively; and
(2) in paragraph (4)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) is comparable to or more severe than sex
trafficking (as described in section 1591 of title 18,
United States Code), when committed against a minor, or
an attempt or conspiracy to commit such an offense
against a minor;''.
SEC. 10. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision to any person or circumstance, is
held to be invalid, the remainder of this Act, or an amendment made by
this Act, or the application of such provision to other persons or
circumstances, shall not be affected. | Stop Exploitation Through Trafficking Act of 2013 - Requires each state, within three years, to have in effect legislation that: (1) treats a minor who has engaged or attempted to engage in a commercial sex act as a victim of a severe form of trafficking in persons, (2) discourages the charging or prosecution of such an individual for a prostitution or sex trafficking offense, and (3) encourages the diversion of such individual to child protection services. Authorizes the Attorney General to withhold specified Edward Byrne Memorial Justice Assistance Grant Program funds from a state that fails to comply with such requirement. Increases the amount a victim of peonage, slavery, or trafficking in persons may recover in a civil action against the perpetrator to treble damages. Directs the Attorney General to establish a process to collect and analyze data relating to the issuance and enforcement of mandatory restitution orders with respect to such offenses. Amends the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) to require the Secretary of Health and Human Services (HHS) to make grants annually for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. Amends the Workforce Investment Act of 1998 to include victims of a severe form of trafficking in persons among those eligible for the Job Corps. Directs the Attorney General to implement and maintain a National Strategy for Combating Human Trafficking that includes: (1) integrated federal, state, local, and tribal efforts to investigate and prosecute human trafficking cases; (2) case coordination within the Department of Justice (DOJ); and (3) interagency coordination regarding the prevention, investigation, and apprehension of individuals targeting and exploiting adults and children for human trafficking. Amends the VTVPA to require the Attorney General's annual report on agency activities under such Act to include information on: (1) data relating to the issuance and enforcement of mandatory restitution orders with respect to peonage, slavery, and trafficking in persons; and (2) the number of sex and labor trafficking investigations that were opened by the Federal Bureau of Investigation (FBI), the Department of Homeland Security (DHS), the Department of Labor, or the Human Smuggling and Trafficking Center or that were reported to the United States attorneys, the Human Trafficking Prosecution Unit in DOJ's Civil Rights Division, and the Child Exploitation and Obscenity Section in DOJ's Criminal Division. Amends the Sex Offender Registration and Notification Act to modify the definition of "tier III sex offender" to include a sex offender whose offense is: (1) punishable by imprisonment for more than one year, and (2) comparable to or more severe than sex trafficking committed against a minor or an attempt or conspiracy to commit such offense against a minor. | Stop Exploitation Through Trafficking Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Access and Availability
Act of 2005''.
SEC. 2. CONSTITUTIONAL AUTHORITY.
The constitutional authority upon which this Act rests is the power
of Congress to regulate commerce with foreign nations and among the
several States, set forth in article I, section 8 of the United States
Constitution.
SEC. 3. EXPANSION OF ACCESS AND CHOICE THROUGH INDIVIDUAL MEMBERSHIP
ASSOCIATIONS (IMAS).
The Public Health Service Act is amended by adding at the end the
following new title:
``TITLE XXIX--INDIVIDUAL MEMBERSHIP ASSOCIATIONS
``SEC. 2901. DEFINITION OF INDIVIDUAL MEMBERSHIP ASSOCIATION (IMA).
``(a) In General.--For purposes of this title, the terms
`individual membership association' and `IMA' mean a legal entity that
meets the following requirements:
``(1) Organization.--The IMA is an organization operated
under the direction of an association (as defined in section
2904(1)).
``(2) Offering health benefits coverage.--
``(A) Different groups.--The IMA, in conjunction
with those health insurance issuers that offer health
benefits coverage through the IMA, makes available
health benefits coverage in the manner described in
subsection (b) to all members of the IMA and the
dependents of such members in the manner described in
subsection (c)(2) at rates that are established by the
health insurance issuer on a policy or product specific
basis and that may vary only as permissible under State
law.
``(B) Nondiscrimination in coverage offered.--
``(i) In general.--Subject to clause (ii),
the IMA may not offer health benefits coverage
to a member of an IMA unless the same coverage
is offered to all such members of the IMA.
``(ii) Construction.--Nothing in this title
shall be construed as requiring or permitting a
health insurance issuer to provide coverage
outside the service area of the issuer, as
approved under State law, or requiring a health
insurance issuer from excluding or limiting the
coverage on any individual, subject to the
requirement of section 2741.
``(C) No financial underwriting.--The IMA provides
health benefits coverage only through contracts with
health insurance issuers and does not assume insurance
risk with respect to such coverage.
``(3) Geographic areas.--Nothing in this title shall be
construed as preventing the establishment and operation of more
than one IMA in a geographic area or as limiting the number of
IMAs that may operate in any area.
``(4) Provision of administrative services to purchasers.--
``(A) In general.--The IMA may provide
administrative services for members. Such services may
include accounting, billing, and enrollment
information.
``(B) Construction.--Nothing in this subsection
shall be construed as preventing an IMA from serving as
an administrative service organization to any entity.
``(5) Filing information.--The IMA files with the Secretary
information that demonstrates the IMA's compliance with the
applicable requirements of this title.
``(b) Health Benefits Coverage Requirements.--
``(1) Compliance with consumer protection requirements.--
Any health benefits coverage offered through an IMA shall--
``(A) be underwritten by a health insurance issuer
that--
``(i) is licensed (or otherwise regulated)
under State law,
``(ii) meets all applicable State standards
relating to consumer protection, subject to
section 2902, and
``(B) subject to paragraph (2), be approved or
otherwise permitted to be offered under State law.
``(2) Examples of types of coverage.--The benefits coverage
made available through an IMA may include, but is not limited
to, any of the following if it meets the other applicable
requirements of this title:
``(A) Coverage through a health maintenance
organization.
``(B) Coverage in connection with a preferred
provider organization.
``(C) Coverage in connection with a licensed
provider-sponsored organization.
``(D) Indemnity coverage through an insurance
company.
``(E) Coverage offered in connection with a
contribution into a medical savings account or flexible
spending account.
``(F) Coverage that includes a point-of-service
option.
``(G) Any combination of such types of coverage.
``(3) Wellness bonuses for health promotion.--Nothing in
this title shall be construed as precluding a health insurance
issuer offering health benefits coverage through an IMA from
establishing premium discounts or rebates for members or from
modifying otherwise applicable copayments or deductibles in
return for adherence to programs of health promotion and
disease prevention so long as such programs are agreed to in
advance by the IMA and comply with all other provisions of this
title and do not discriminate among similarly situated members.
``(c) Members; Health Insurance Issuers.--
``(1) Members.--
``(A) In general.--Under rules established to carry
out this title, with respect to an individual who is a
member of an IMA, the individual may enroll for health
benefits coverage (including coverage for dependents of
such individual) offered by a health insurance issuer
through the IMA.
``(B) Rules for enrollment.--Nothing in this
paragraph shall preclude an IMA from establishing rules
of enrollment and reenrollment of members. Such rules
shall be applied consistently to all members within the
IMA and shall not be based in any manner on health
status-related factors.
``(2) Health insurance issuers.--The contract between an
IMA and a health insurance issuer shall provide, with respect
to a member enrolled with health benefits coverage offered by
the issuer through the IMA, for the payment of the premiums
collected by the issuer.
``SEC. 2902. APPLICATION OF CERTAIN LAWS AND REQUIREMENTS.
``State laws insofar as they relate to any of the following are
superseded and shall not apply to health benefits coverage made
available through an IMA:
``(1) Benefit requirements for health benefits coverage
offered through an IMA, including (but not limited to)
requirements relating to coverage of specific providers,
specific services or conditions, or the amount, duration, or
scope of benefits, but not including requirements to the extent
required to implement title XXVII or other Federal law and to
the extent the requirement prohibits an exclusion of a specific
disease from such coverage.
``(2) Any other requirements (including limitations on
compensation arrangements) that, directly or indirectly,
preclude (or have the effect of precluding) the offering of
such coverage through an IMA, if the IMA meets the requirements
of this title.
``SEC. 2903. ADMINISTRATION.
``(a) In General.--The Secretary shall administer this title and is
authorized to issue such regulations as may be required to carry out
this title. Such regulations shall be subject to Congressional review
under the provisions of chapter 8 of title 5, United States Code. The
Secretary shall incorporate the process of `deemed file and use' with
respect to the information filed under section 2901(a)(5) and shall
determine whether information filed by an IMA demonstrates compliance
with the applicable requirements of this title. The Secretary shall
exercise authority under this title in a manner that fosters and
promotes the development of IMAs in order to improve access to health
care coverage and services.
``(b) Periodic Reports.--The Secretary shall submit to Congress a
report every 30 months, during the 10-year period beginning on the
effective date of the rules promulgated by the Secretary to carry out
this title, on the effectiveness of this title in promoting coverage of
uninsured individuals. The Secretary may provide for the production of
such reports through one or more contracts with appropriate private
entities.
``SEC. 2904. DEFINITIONS.
``For purposes of this title:
``(1) Association.--The term `association' means, with
respect to health insurance coverage offered in a State, an
association which--
``(A) has been actively in existence for at least 5
years;
``(B) has been formed and maintained in good faith
for purposes other than obtaining insurance;
``(C) does not condition membership in the
association on any health status-related factor
relating to an individual (including an employee of an
employer or a dependent of an employee); and
``(D) does not make health insurance coverage
offered through the association available other than in
connection with a member of the association.
``(2) Dependent.--The term `dependent', as applied to
health insurance coverage offered by a health insurance issuer
licensed (or otherwise regulated) in a State, shall have the
meaning applied to such term with respect to such coverage
under the laws of the State relating to such coverage and such
an issuer. Such term may include the spouse and children of the
individual involved.
``(3) Health benefits coverage.--The term `health benefits
coverage' has the meaning given the term health insurance
coverage in section 2791(b)(1).
``(4) Health insurance issuer.--The term `health insurance
issuer' has the meaning given such term in section 2791(b)(2).
``(5) Health status-related factor.--The term `health
status-related factor' has the meaning given such term in
section 2791(d)(9).
``(6) Ima; individual membership association.--The terms
`IMA' and `individual membership association' are defined in
section 2901(a).
``(7) Member.--The term `member' means, with respect to an
IMA, an individual who is a member of the association to which
the IMA is offering coverage.''. | Health Care Access and Availability Act of 2005 - Amends the Public Health Service Act to provide for health benefits coverage through individual membership associations (IMAs), which are organizations operated under the direction of an association that: (1) has been in existence for at least five years; (2) was formed for purposes other than obtaining insurance; and (3) does not condition membership on any health status-related factor.
Prohibits an IMA from offering health benefits coverage to any member unless the same coverage is offered to all members of the IMA.
Provides that the IMA shall provide health benefits coverage only through contracts with health insurance issuers and shall not assume insurance risk with respect to such coverage. Allows an IMA to provide administrative services for members, including accounting, billings, and enrollment information.
Requires an IMA to file with the Secretary of Health and Human Services information that demonstrates the IMA's compliance with the requirements of this Act.
Requires that health benefits coverage offered through an IMA be: (1) underwritten by a health insurance issuer that is licensed under state law and meets all state standards relating to consumer protection; and (2) approved or otherwise be permitted under state law. | To amend the Public Health Service Act to expand health care access and choice of coverage through Individual Membership Associations (IMAs). |
SECTION 1. ESTABLISHMENT OF COMMISSION.
For the purpose of preserving and interpreting for the educational
and inspirational benefit of present and future generations the unique
and significant contribution to our national heritage of certain
historic and cultural lands, waterways, and edifices in the Great Falls
of the Passaic/S.U.M. National Historic District located in the City of
Paterson, State of New Jersey (Alexander Hamilton's laboratory for the
development of industrial America as well as America's first industrial
city) with emphasis on harnessing this unique urban environment for its
educational value as well as for recreation, there is hereby
established the Great Falls Historic District Commission (hereinafter
referred to as the ``Commission''), the purpose of which shall be to
prepare a plan for the preservation, interpretation, development, and
use, by public and private entities, of the historic, cultural, and
architectural resources of the Great Falls of Passaic/S.U.M. National
Historic District in the City of Paterson, State of New Jersey.
SEC. 2. MEMBERS.
(a) In General.--The Commission shall consist of nine members, as
follows:
(1) The Secretary of the Interior, the Secretary of Housing
and Urban Development, the Secretary of Transportation, and the
Secretary of Commerce, all ex officio.
(2) Five members appointed by the Secretary of the
Interior, one of whom shall be the Director of the National
Park Service, two of whom shall be appointed from
recommendations submitted by the Mayor of the City of Paterson,
one of whom shall be appointed from recommendations submitted
by the Board of Chosen Freeholders of the County of Passaic,
New Jersey, and one of whom shall be appointed from
recommendations submitted by the Governor of the State of New
Jersey. The members appointed pursuant to this paragraph shall
have knowledge and experience in one or more of the fields of
history, architecture, the arts, recreation planning, city
planning, or government.
(b) Substitute Members; Compensation.--(1) Each member of the
Commission specified in paragraph (1) of subsection (a) and the
Director of the National Park Service may designate an alternate
official to serve in his stead.
(2) Members appointed pursuant to paragraph (2) of subsection (a)
who are officers or employees of the Federal Government, the City of
Paterson, the County of Passaic, or the State of New Jersey, shall
serve without compensation as such. Other members, when engaged in
activities of the Commission, shall be entitled to compensation at the
rate of not to exceed $100 per diem. All members of the Commission
shall receive reimbursement for necessary travel and subsistence
expenses incurred by them in the performance of the duties of the
Commission.
SEC. 3. ORGANIZATION.
(a) Chairman.--(1) The Commission shall elect a Chairman from among
its members.
(2) Financial and administrative services (including those relating
to budgeting, accounting, financial reporting, personnel, and
procurement) shall be provided for the Commission by the General
Services Administration, for which payments shall be made in advance,
or by reimbursement, from funds of the Commission in such amounts as
may be agreed upon by the Chairman of the Commission and the
Administrator, General Services Administration. The regulations of the
Department of the Interior for the collection of indebtedness of
personnel resulting from erroneous payments shall apply to the
collection of erroneous payments made to or on behalf of a Commission
employee, and regulations of said Secretary for the administrative
control of funds shall apply to appropriations of the Commission. The
Commission shall not be required to prescribe such regulations.
(b) Staff.--The Commission shall have power to appoint and fix the
compensation of such additional personnel as may be necessary to carry
out its duties, without regard to the provisions of the civil service
laws and the Classification Act of 1949.
(c) Temporary and Intermittent Services.--The Commission may also
procure, without regard to the civil service laws and the
Classification Act of 1949, temporary and intermittent services to the
same extent as is authorized for the executive departments by section
15 of the Administrative Expenses Act of 1946, but at rates not to
exceed $100 per diem for individuals.
(d) Facilities and Services.--The members of the Commission
specified in paragraph (1) of section 2(a) shall provide the
Commission, on a reimbursable basis, with such facilities and services
under their jurisdiction and control as may be needed by the Commission
to carry out its duties, to the extent that such facilities and
services are requested by the Commission and are otherwise available
for that purpose. To the extent of available appropriations, the
Commission may obtain, by purchase, rental, donation, or otherwise,
such additional property, facilities, and services as may be needed to
carry out its duties. Upon the termination of the Commission all
property, personal and real, and unexpended funds shall be transferred
to the Department of the Interior.
SEC. 4. PLAN.
It shall be the duty of the Commission to prepare the plan referred
to in section 1, and to submit the plan together with any
recommendations for additional legislation, to the Congress not later
than eighteen months from the effective date of this Act. The plan for
the Great Falls of the Passaic/S.U.M. Historic District shall include
considerations and recommendations, without limitation, regarding--
(1) the objectives to be achieved by the establishment,
development, and operation of the area;
(2) the types of use, both public and private, to be
accommodated;
(3) criteria for the design and appearance of buildings,
facilities, open spaces, and other improvements;
(4) a program for the staging of development;
(5) the anticipated interpretive, cultural, and
recreational programs and uses for the area;
(6) the proposed ownership and operation of all structures,
facilities, and lands;
(7) areas where cooperative agreements may be anticipated;
and
(8) estimates of costs, both public and private, of
implementing and insuring continuing conformance to the plan.
SEC. 5. TERMINATION.
The Commission shall be dissolved (1) upon the termination, as
determined by its members, of need for its continued existence for the
implementation of the plan and the operation or coordination of the
entity established by the plan, or (2) upon expiration of a two-year
period commencing on the effective date of this Act, whereupon the
completed plan has not been submitted to the Congress, whichever occurs
later.
SEC. 6. PROPOSED AUTHORIZATIONS TO BE INCLUDED IN PLAN.
(a) In General.--It is contemplated that the plan to be developed
may propose that the Commission may be authorized to--
(1) acquire lands and interests therein within the Great
Falls of the Passaic/S.U.M. Historic District by purchase,
lease, donation, or exchange;
(2) hold, maintain, use, develop, or operate buildings,
facilities, and any other properties;
(3) sell, lease, or otherwise dispose of real or personal
property as necessary to carry out the plan;
(4) enter into and perform such contracts, leases,
cooperative agreements, or other transactions with any agency
or instrumentality of the United States, the State of New
Jersey, and any governmental unit within its boundaries, or any
person, firm, association, or corporation as may be necessary;
(5) establish (through covenants, regulations, agreements,
or otherwise) such restrictions, standards, and requirements as
are necessary to assure development, maintenance, use, and
protection of the Great Falls of the Passaic/S.U.M. Historic
District in accordance with the plan; and
(6) borrow money from the Treasury of the United States in
such amounts as may be authorized in appropriations Acts on the
basis of obligations issued by the Commission in accordance
with terms and conditions approved by the Secretary of the
Treasury.
(b) Purchase of Obligations.-- The Secretary of the Treasury is
authorized and directed to purchase any such obligations of the
Commission.
SEC. 7. TITLE TO PROPERTY.
Title to property of the Commission shall be in the name of the
Commission, but it shall not be subject to any Federal, State, or
municipal taxes.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated not to exceed $200,000 for
the preparation of the plan authorized by this Act. | Establishes the Great Falls Historic District Commission to prepare a plan for the preservation, interpretation, development, and use of the historic, cultural, and architectural resources of the Great Falls of Passaic/S.U.M. National Historic District in Paterson, New Jersey.
Authorizes appropriations for the preparation of the plan. | To establish the Great Falls Historic District Commission for the preservation and redevelopment of the Great Falls National Historic District in Paterson, New Jersey. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Urban Area Security
Initiative Capability Gains Act of 2011'' or the ``Preserving UASI
Capability Gains Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In the wake of the devastating attacks of September 11,
2001, the National Commission on Terrorist Attacks Upon the
United States (the ``9/11 Commission'') concluded that ``[i]f
New York or other major cities are to be prepared for future
terrorist attacks, different first responder agencies within
each city must be fully coordinated, just as different branches
of the U.S. military are.''.
(2) The 9/11 Commission recommended that limited Federal
preparedness and response resources should be allocated to
``supplement state and local resources based on risks and
vulnerabilities that merit additional support.''.
(3) The Urban Area Security Initiative (UASI) program, as
established in 2003, provides grant funding to certain high-
threat, high-density urban areas that need assistance to build
an enhanced and sustainable capacity to prevent, protect
against, respond to, and recover from terrorist attacks and
other catastrophic events.
(4) The UASI program emphasizes multi-jurisdictional,
regional readiness and supports the unique planning,
organization, equipment, training, and exercise needs of high-
threat, high-density urban areas. State and local governments
have leveraged Federal investment under the UASI program to
provide personnel, plans, equipment, training, and exercises to
first responders to address the homeland security challenges of
a post-9/11 world.
(5) An August 2011 report issued by the National Urban Area
Security Initiative Association stated that between fiscal
years 2003 and 2010, high-threat, high-density urban areas had
received 6.5 billion dollars in UASI funding to achieve
preparedness and response capabilities.
(6) Over the past eight years, UASI funding has enabled at-
risk State and local governments to develop critical
preparedness and response capabilities that such governments
could not otherwise achieve.
(7) UASI funding has been used to advance the National
Homeland Security Priorities promulgated by the Department of
Homeland Security in the National Preparedness Guidelines in
2007, including to strengthen information sharing and
collaboration, strengthen interoperable and operable
communications, strengthen planning and citizen preparedness,
improve chemical, biological, radiological, nuclear, and
explosives detection, and improve critical infrastructure
protection.
(8) UASI funding has helped foster better detection of
potential threats and information sharing on the local level.
In fact, an October 2010 study released by the Institute for
Homeland Security Solutions found that 51 percent of the 68
known terrorist plots from 1999 to 2009 were thwarted when
community members or local law enforcement--the first lines of
defense--detected these threats.
(9) For fiscal year 2010, the Department of Homeland
Security identified 64 high-threat, high-density urban areas
that required UASI funding to achieve and preserve preparedness
and response capabilities and provided necessary funding.
(10) For fiscal year 2011, the Department of Homeland
Security eliminated thirty-two high-threat, high-density urban
areas from the UASI program when UASI funding was reduced by 18
percent pursuant to the Department of Defense and Full-Year
Continuing Appropriations Act of 2011. The urban areas
eliminated are Albany, NY; Austin, TX; Bakersfield, CA; Baton
Rouge, LA; Bridgeport, CT; Buffalo, NY; Columbus, OH; El Paso,
TX; Hartford, CT; Honolulu, HI; Indianapolis, IN; Jacksonville,
FL; Kansas City, MO; Louisville, KY; Memphis, TN; Milwaukee,
WI; Nashville, TN; New Orleans, LA; Oklahoma City, OK; Omaha,
KS; Oxnard, CA; Providence, RI; Richmond, VA; Rochester, NY;
Sacramento, CA; Salt Lake City, UT; San Antonio, TX; San Juan,
PR; Syracuse, NY; Toledo, OH; Tucson, AZ; and Tulsa, OK.
(11) As a result of the funding reductions to the UASI
program for fiscal year 2011, many of these high-threat, high-
density urban areas must stretch their limited financial
resources to preserve the advancements made to their terrorism
prevention and disaster preparedness and response capabilities
with UASI funding. Some of these urban areas will not be able
to sustain the advancements made under the UASI program without
additional Federal assistance. Nationally, this capabilities'
erosion has significant homeland security implications.
SEC. 3. PRESERVATION OF URBAN AREA SECURITY INITIATIVE SECURITY GAINS.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 603 et seq.) is amended--
(1) by redesignating sections 2004 through 2008 as sections
2005 through 2009, respectively; and
(2) by inserting after section 2003 the following new
section:
``SEC. 2004. PRESERVATION OF URBAN AREA SECURITY INITIATIVE SECURITY
GAINS.
``(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Administrator shall establish a
competitive grant program to make funding available for preservation of
homeland security capabilities achieved by high-risk urban areas that
received Urban Area Security Initiative funding in fiscal years 2009 or
2010 but were removed from the program thereafter.
``(b) Application.--Not later than 90 days after establishment of
the competitive grant program required under subsection (a), the
Administrator shall accept applications with the following information:
``(1) Specific homeland security capability gains achieved
through previous grant awards that are at risk of being reduced
or eliminated without Federal grant assistance.
``(2) A description of activities, programs, and
acquisitions that would be undertaken with Federal grant
assistance to enhance homeland security capabilities.
``(3) The proposed division of responsibilities and
distribution of funding among the local and tribal governments
in each high-risk urban area.
``(4) The name of an individual to serve as a high-risk
urban area point of contact (in each such area) for
communication with the Department and among the various
jurisdictions in each high-risk urban area.
``(5) Such information in support of the application as the
Administrator may reasonably require.
``(c) Criteria.--In awarding grants under this section, the
Administrator shall evaluate each grant application and give priority
to those applications that best--
``(1) preserve capabilities needed to prevent, protect
against, mitigate, respond to, and recover from the threats and
hazards that pose the greatest risk to the United States, as
reflected in the Presidential Policy Directive 8 and the
National Preparedness Goal;
``(2) preserve core capabilities developed through previous
Urban Area Security Initiative grant allocations;
``(3) align with strategies and principles of the National
Preparedness Goal, including the promotion of national
preparedness within the private and nonprofit sectors,
nongovernmental organizations, and the public;
``(4) support capabilities that enhance regional
catastrophic planning that could be used nationally through
mutual aid agreements before, during, and after incidents; and
``(5) align with other established grant funding priorities
identified by the Administrator.
``(d) Conformance With the Urban Area Security Initiative
Program.--All provisions relating to State review and transmission,
opportunity to amend, and distribution of awards, as established in
section 2003, shall apply to the competitive grant program under this
section.
``(e) Limitations of Awards.--No one applicant may receive more
than seven percent of the total amount authorized for the competitive
grant program under this section.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $58,000,000 for each of fiscal
years 2012 through 2014, of which not more than five percent shall be
available each fiscal year for the costs of administering the grant
program.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by increasing by one the section number in each of
the items in the table relating sections 2004 through 2008, and by
inserting after the item relating to section 2003 the following:
``Sec. 2004. Preservation of Urban Area Security Initiative security
gains.''.
(c) Conforming Amendments.--Sections 2003(b)(2)(A)(i) and 2005(e)
of such Act (6 U.S.C. 604(b)(2)(A)(i), 606(e)) are each amended by
striking ``section 2007'' and inserting ``section 2008''. | Preserving Urban Area Security Initiative Capability Gains Act of 2011 or the Preserving UASI Capability Gains Act of 2011 - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to establish a competitive grant program to make funding available for preservation of homeland security capabilities achieved by high-risk urban areas that received Urban Area Security Initiative (UASI) funding in FY2009 or FY2010 but were removed from the program thereafter.
Directs the Administrator to give priority to grant applications that best: (1) preserve capabilities needed to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that pose the greatest risk to the United States; (2) preserve core capabilities developed through previous UASI grant allocations; (3) align with strategies and principles of the National Preparedness Goal, including the promotion of national preparedness; and (4) support capabilities that enhance regional catastrophic planning that could be used nationally through mutual aid agreements.
Prohibits any one applicant from receiving more than 7% of the total amount authorized for such grant program. | To amend the Homeland Security Act of 2002 to preserve homeland security capability gains achieved through the Urban Area Security Initiative program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outpatient Mental Health
Modernization Act of 2008''.
SEC. 2. TRANSITIONAL FREEZE ON CERTAIN MEDICARE HOSPITAL OUTPATIENT FEE
SCHEDULE AMOUNTS.
Notwithstanding any other provision of law, effective for episodes
and visits beginning on or after January 1, 2009, and before January 1,
2010, in the case of partial hospital services (as defined in section
1861(ff)(1) of the Social Security Act (42 U.S.C. 1395x(ff)(1)), the
OPD fee schedule increase factor under section 1833(t)(3)(C)(iv) of the
Social Security Act (42 U.S.C. 1395l(t)(3)(C)(iv)) for the medicare OPD
fee schedule amount established for such services (as published in the
Federal Register on November 27, 2007 (72 Fed. Reg. 66670)) shall be
zero.
SEC. 3. ACCREDITATION PROGRAM FOR COMMUNITY MENTAL HEALTH CENTERS
PROVIDING PARTIAL HOSPITALIZATION SERVICES.
Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is
amended by adding at the end the following new paragraph:
``(18) Accreditation program for community mental health
centers providing partial hospitalization services.--
``(A) Definitions.--In this section:
``(i) Accreditation organization.--The term
`accreditation organization' means an
organization designated by the Secretary under
subparagraph (C)(i)(II) to accredit community
mental health centers providing partial
hospitalization services.
``(ii) Partial hospitalization services.--
The term `partial hospitalization services' has
the meaning given such term in section
1861(ff)(1).
``(iii) Physician.--Except as otherwise
provided by the Secretary, the term `physician'
means any individual who furnishes services for
which payment may be made under the physician
fee schedule under section 1848.
``(iv) Physician specialty organization.--
The term `physician specialty organization'
means a United States medical specialty society
that represents diplomats certified by a board
recognized by the American Board of Medical
Specialties.
``(B) Establishment.--Not later than January 1,
2010, subject to the succeeding provisions of this
paragraph, the Secretary shall, by regulation,
establish an accreditation program which requires the
accreditation of community mental health centers
providing partial hospitalization services.
``(C) Design of accreditation program.--
``(i) In general.--Each community mental
health center providing partial hospitalization
services for which payment is made under the
prospective payment system established under
this subsection must be accredited for each
program under which such services are furnished
by the community mental health center by an
accrediting organization designated by the
Secretary under clause (ii).
``(ii) Accreditation organizations.--
``(I) In general.--The Secretary
shall, by regulation, designate
entities to accredit community mental
health centers providing partial
hospitalization services. The entities
designated under the preceding sentence
shall include the Joint Commission on
Accreditation of Hospitals and the
Commission on Accreditation of
Rehabilitation Facilities.
``(II) Consultation.--In
designating entities under subclause
(I), the Secretary shall consult with
academic medical centers, community
mental health centers, hospitals, and
other appropriate medical personnel
(such as psychologists, social workers,
and nurse specialists).
``(iii) Considerations.--In designating
entities under clause (ii), the Secretary shall
consider the following:
``(I) The ability of the entity to
conduct timely reviews of accreditation
applications.
``(II) Whether the entity has
established a process for the timely
integration of new services and
clinical interventions for individuals
who are furnished partial
hospitalization services.
``(III) Any other factors the
Secretary determines appropriate.
``(iv) Use of criteria for accreditation.--
Accreditation organizations shall use
appropriate criteria for evaluating community
mental health centers providing partial
hospitalization services for purposes of the
accreditation of such community mental health
centers, including criteria with respect to--
``(I) the qualifications of
nonphysician medical personnel;
``(II) the qualifications and
responsibilities of physicians,
including supervising physicians;
``(III) the establishment of
procedures for ensuring patient safety;
and
``(IV) quality assurance reporting.
``(v) Incorporation of quality measures.--
Not later than January 1, 2012, the Secretary
shall provide for the incorporation of measures
selected for purposes of quality reporting
under paragraph (19) into the accreditation
program established under this paragraph,
including the use of such measures in the
criteria for accreditation under clause (iv).
``(vi) Review of accreditation
organizations.--The Secretary, in consultation
with the entities and individuals described in
clause (ii)(II)--
``(I) shall conduct an annual
review of accreditation organizations
designated under clause (ii); and
``(II) may, by regulation, expand
the original list of accreditation
organizations so designated.
``(D) Evaluation and report.--
``(i) Evaluation.--The Secretary shall
contract with an independent, private
organization or entity to evaluate the effect
of the accreditation program established under
this paragraph and other relevant questions
involving access to and value of partial
hospitalization services furnished to
individuals under this part. Such evaluation
shall examine the following:
``(I) The impact of accreditation
requirements on the number, type, and
quality of partial hospitalization
services furnished to individuals under
this part.
``(II) The cost of meeting such
accreditation requirements, including
an examination of compliance costs to
community mental health centers
providing partial hospitalization
services and administrative costs to
the Secretary.
``(III) The access of individuals
under this part to partial
hospitalization services, especially in
rural areas, before and after
implementation of the accreditation
program.
``(IV) Any other matters the
Secretary determines appropriate.
``(ii) Report.--Not later than December 31,
2012, the Secretary shall submit a report to
Congress on the evaluation conducted under
clause (i).
``(E) Waiver authority.--The Secretary shall waive
compliance with the requirements of this title to such
extent and for such period as the Secretary determines
is necessary to carry out this paragraph.''.
SEC. 4. QUALITY IMPROVEMENT FOR PARTIAL HOSPITALIZATION SERVICES
PROVIDED BY COMMUNITY MENTAL HEALTH CENTERS.
Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)), as
amended by section 3, is amended by adding at the end the following new
paragraph:
``(19) Quality reporting for partial hospitalization
services provided by community mental health centers.--
``(A) Reduction in update for failure to report.--
For purposes of paragraph (3)(C)(iv) for 2009 and each
subsequent year, in the case of a community mental
health center providing partial hospitalization
services (as defined in section 1861(ff)(1)) that does
not submit, to the Secretary in accordance with this
paragraph, data required to be submitted on measures
selected under this paragraph with respect to such a
calendar year, the OPD fee schedule increase factor
under paragraph (3)(C)(iv) for such year shall be
reduced by 1.0 percentage point. A reduction under the
preceding sentence shall apply only with respect to the
year involved and the Secretary shall not take into
account such reduction in computing the OPD fee
schedule increase factor for a subsequent calendar
year.
``(B) Form and manner of submission.--
``(i) In general.--Subject to clause (ii),
each community mental health center providing
partial hospitalization services shall submit
to the Secretary data on measures selected
under this paragraph in a form and manner, and
at a time, specified by the Secretary for
purposes of this paragraph.
``(ii) Grace period for submission in
2011.--In the case of such data submitted with
respect to 2011, the Secretary shall provide
for a 30-day grace period for the submission of
such data by a community mental health center
providing partial hospitalization services.
``(C) Development of measures.--
``(i) In general.--The Secretary shall
select measures that the Secretary determines
appropriate for the measurement of the quality
of care provided by community mental health
centers providing partial hospitalization
services, including, beginning with 2011,
measures for a set of 5 indicators established
by the Secretary.
``(ii) Additional measures.--The Secretary
shall expand, beyond the measures selected
under clause (i) and consistent with the
succeeding provisions of this paragraph, the
set of measures that the Secretary determines
appropriate for the measurement of the quality
of care provided by community mental health
centers providing partial hospitalization
services.
``(iii) Consensus measures.--Beginning with
2009, the Secretary shall add additional
measures that reflect consensus among affected
parties and, to the extent feasible and
practicable, shall include measures set forth
by 1 or more national consensus building
entities.
``(D) Replacement of measures.--For purposes of
this paragraph, the Secretary may replace any measures
or indicators in appropriate cases, such as where all
community mental health centers providing partial
hospitalization services are effectively in compliance
or the measures or indicators have been subsequently
shown not to represent the best clinical practice.
``(E) Availability of data.--The Secretary shall
establish procedures for making data submitted under
this paragraph available to the public. Such procedures
shall ensure that a community mental health center
providing partial hospitalization services has the
opportunity to review the data that are to be made
public with respect to the community mental health
center prior to such data being made public. The
Secretary shall report quality measures of process,
structure, outcome, patients' perspectives on care,
efficiency, and costs of care that relate to partial
hospitalization services on the Internet website of the
Centers for Medicare & Medicaid Services.''.
SEC. 5. ESTABLISHING MINIMUM NUMBER OF SERVICE UNITS.
(a) In General.--Section 1861(ff)(3)(A) of the Social Security Act
(42 U.S.C. 1395x(ff)(3)(A)) is amended--
(1) by striking ``, and'' and inserting a comma; and
(2) by inserting before the period at the end ``, and which
provides a minimum of 4 units of items and services described
in paragraph (2)''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2011.
SEC. 6. COST-REPORTS OF PROVIDERS OF PARTIAL HOSPITALIZATION SERVICES.
(a) In General.--The Secretary shall require fiscal intermediaries
under the Medicare program under title XVIII of the Social Security Act
to file the cost reports of providers of partial hospitalization
services (as defined in section 1861(ff)(1) of the Social Security Act
(42 U.S.C. 1395x(ff)(1)) into the Healthcare Provider Cost Reporting
Information System (HCRIS) maintained by the Centers for Medicare &
Medicaid Services.
(b) Funding.--Out of any funds in the Treasury not otherwise
appropriated, there are appropriated $1,000,000 to the Secretary of
Health and Human Services for calendar year 2009 to carry out this
section. | Outpatient Mental Health Modernization Act of 2008 - Establishes a moratorium between January 1, 2009, and January 1, 2010, on changes in the Medicare outpatient department (OPD) fee schedule amount established for partial hospital (episode and visit) services.
Amends title XVIII (Medicare) of the Social Security Act to: (1) establish an accreditation program for community mental health centers providing partial hospitalization services; (2) require a specified reduction in the OPD fee schedule increase factor for any such center that fails to submit required data on its partial hospitalization services; and (3) establish a minimum number of four units of items and services as a requirement for coverage of such services.
Directs the Secretary of Health and Human Services to require fiscal intermediaries under the Medicare program to file the cost reports of providers of partial hospitalization services into the Healthcare Provider Cost Reporting Information System (HCRIS) maintained by the Centers for Medicare & Medicaid Services. | A bill to amend title XVIII of the Social Security Act to stabilize and modernize the provision of partial hospitalization services under the Medicare program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women and Minorities in STEM Booster
Act of 2016''.
SEC. 2. GRANT PROGRAM TO INCREASE THE PARTICIPATION OF WOMEN AND
UNDERREPRESENTED MINORITIES IN STEM FIELDS.
(a) Findings.--Congress finds the following:
(1) According to the National Academy of Sciences, STEM
education at the undergraduate level is vital to developing a
workforce that will allow the United States to remain the
leader in the 21st century global economy.
(2) According to the 2013 American Community Survey Report
on disparities in STEM employment, women comprise about half of
the United States workforce but only make up 26 percent of STEM
workers.
(3) According to the National Center of Education
Statistics, women were more likely than men to switch out of
STEM majors--32 percent vs. 26 percent.
(4) According to the 2010 Association of American
University Women report ``Why So Few?'' approximately 52
percent of women in STEM fields quit their jobs about 10 years
into their careers. It is important for gender equality to
increase the retention of women in STEM fields, as women in
STEM careers earn 33 percent more than those in non-STEM jobs,
and have a smaller wage gap relative to men.
(5) According to recent Census Bureau projections,
minorities will account for 57 percent of the United States
population by 2060. According to the National Action Council
for Minorities in Engineering, Inc., as the United States works
to remain competitive in the world of technological innovation,
the United States should address the need to increase the
number of individuals from underrepresented minority segments
of the population who work in engineering.
(6) The Higher Education Research Institute at the
University of California, Los Angeles, found that, while
freshmen from underrepresented minority groups express an
interest in pursuing a STEM undergraduate degree at the same
rate as all other freshmen, only 22.1 percent of Latino
students, 18.4 percent of African-American students, and 18.8
percent of Native American students studying in STEM fields
complete their degree within 5 years, compared to an
approximate 33 percent and 42 percent 5-year completion rate
for White and Asian students, respectively.
(7) According to the 2015 Asian Americans Advancing Justice
report ``Making America Work'', data on Asian Americans and
Pacific Islanders (AAPIs) on average hide the fact that some
subgroups are underrepresented in STEM fields. For example:
only 9 percent of Cambodian, 8 percent of Laotian, 8 percent of
Hmong, and 7 percent of Native Hawaiian and Pacific Islander
workers hold STEM jobs, compared to 12 percent of the total
American population holding STEM jobs.
(8) According to 3-year estimates from the 2013 American
Community Survey, Southeast Asian Americans and Pacific
Islanders have higher poverty rates and lower educational
attainment rates compared to the overall population. Fifteen
percent of the overall population lives below the Federal
poverty level, while 21 percent of Pacific Islanders, 21
percent of Cambodian, 26 percent of Hmong, 17 percent of
Laotian, and 16 percent of Vietnamese community members live in
poverty. Compared to 29 percent of the overall population with
a bachelor's degree or higher, members of Pacific Islanders,
Cambodian, Hmong, Lao, and Vietnamese communities only have a
bachelor's degree or higher at rates of 15 percent, 16 percent,
16 percent, 13 percent, and 27 percent, respectively. Levels of
poverty and postsecondary educational attainment correlate with
these groups' underrepresentation in STEM employment. Other
Asian American and Pacific Islander subgroups with similar
poverty and educational attainment rates are similarly
underrepresented in STEM employment.
(9) A 2014 National Center for Education Statistics study
found that women and underrepresented minorities leave the STEM
fields at higher rates than their counterparts, leading to a
need to develop resources to retain these groups in the STEM
fields.
(b) Program Authorized.--The Director of the National Science
Foundation shall award grants to eligible entities, on a competitive
basis, to enable such eligible entities to carry out the activities
described in subsection (d), in order to increase the participation of
women and underrepresented minorities in the fields of science,
technology, engineering, and mathematics.
(c) Application.--Each eligible entity that desires to receive a
grant under this section shall submit an application to the National
Science Foundation at such time, in such manner, and containing such
information as the Director of the National Science Foundation may
reasonably require.
(d) Authorized Activities.--An eligible entity that receives a
grant under this section shall use such grant funds to carry out one or
more of the following activities designed to increase the participation
of women or minorities underrepresented in science and engineering, or
both:
(1) Online workshops.
(2) Mentoring programs that partner science, technology,
engineering, or mathematics professionals with students.
(3) Internships for undergraduate and graduate students in
the fields of science, technology, engineering, and
mathematics.
(4) Conducting outreach programs that provide elementary
school and secondary school students with opportunities to
increase their exposure to the fields of science, technology,
engineering, or mathematics.
(5) Programs to increase the recruitment and retention of
underrepresented faculty.
(6) Such additional programs as the Director of the
National Science Foundation may determine.
(e) Definitions.--In this Act--
(1) the term ``minority'' means American Indian, Alaskan
Native, Black (not of Hispanic origin), Hispanic (including
persons of Mexican, Puerto Rican, Cuban, and Central or South
American origin), Asian (including underrepresented subgroups),
Native Hawaiian, Pacific Islander origin subgroup, or other
ethnic group underrepresented in science and engineering; and
(2) the term ``underrepresented in science and
engineering'' means a minority group whose number of scientists
and engineers per 10,000 population of that group is
substantially below the comparable figure for scientists and
engineers who are White and not of Hispanic origin, as
determined by the Secretary of Education under section 637.4(b)
of title 34, Code of Federal Regulations.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2017, 2018, 2019, 2020, and 2021. | Women and Minorities in STEM Booster Act of 2016 This bill requires the National Science Foundation to award competitive grants to enable eligible entities to carry out the activities specified below in order to increase the participation of women and underrepresented minorities in the fields of science, technology, engineering, and mathematics (STEM). An eligible entity that receives a grant shall use grant funds to carry out one or more of the following activities designed to increase the participation of women or minorities underrepresented in science and engineering, or both: online workshops, mentoring programs that partner STEM professionals with students, internships for undergraduate and graduate students in STEM fields, outreach programs providing elementary and secondary school students with opportunities to increase their exposure to STEM fields, and programs to increase the recruitment and retention of underrepresented faculty. | Women and Minorities in STEM Booster Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Prevention Benefit Act of
1993''.
SEC. 2. ANNUAL SCREENING MAMMOGRAPHY.
(a) Annual Screening Mammography for Women Over Age 64.--Section
1834(c)(2)(A) of the Social Security Act (42 U.S.C. 1395m(b)(2)(A)) is
amended--
(1) in clause (iv), by striking ``but under 65 years of
age,''; and
(2) by striking clause (v).
(b) Effective Date.--The amendments made by subsection (a) shall
apply to screening mammography performed on or after January 1, 1994.
SEC. 3. COVERAGE OF COLORECTAL SCREENING.
(a) In General.--Section 1834 of the Social Security Act (42 U.S.C.
1395m) is amended by inserting after subsection (c) the following new
subsection:
``(d) Frequency and Payment Limits for Screening Fecal-Occult Blood
Tests and Screening Flexible Sigmoidoscopies.--
``(1) Screening fecal-occult blood tests.--
``(A) Payment limit.--In establishing fee schedules
under section 1833(h) with respect to screening fecal-
occult blood tests provided for the purpose of early
detection of colon cancer, except as provided by the
Secretary under paragraph (3)(A), the payment amount
established for tests performed--
``(i) in 1994 shall not exceed $5; and
``(ii) in a subsequent year, shall not
exceed the limit on the payment amount
established under this subsection for such
tests for the preceding year, adjusted by the
applicable adjustment under section 1833(h) for
tests performed in such year.
``(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (3)(B), no payment may be
made under this part for a screening fecal-occult blood
test provided to an individual for the purpose of early
detection of colon cancer--
``(i) if the individual is under 50 years
of age; or
``(ii) if the test is performed within 11
months after a previous screening fecal-occult
blood test.
``(2) Screening flexible sigmoidoscopies.--
``(A) Payment amount.--The Secretary shall
establish a payment amount under section 1848 with
respect to screening flexible sigmoidoscopies provided
for the purpose of early detection of colon cancer that
is consistent with payment amounts under such section
for similar or related services, except that such
payment amount shall be established without regard to
subsection (a)(2)(A) of such section.
``(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (3)(B), no payment may be
made under this part for a screening flexible
sigmoidoscopy provided to an individual for the purpose
of early detection of colon cancer--
``(i) if the individual is under 50 years
of age; or
``(ii) if the procedure is performed within
59 months after a previous screening flexible
sigmoidoscopy.
``(3) Reductions in payment limit and revision of
frequency.--
``(A) Reductions in payment limit.--The Secretary
shall review from time to time the appropriateness of
the amount of the payment limit established for
screening fecal-occult blood tests under paragraph
(1)(A). The Secretary may, with respect to tests
performed in a year after 1996, reduce the amount of
such limit as it applies nationally or in any area to
the amount that the Secretary estimates is required to
assure that such tests of an appropriate quality are
readily and conveniently available during the year.
``(B) Revision of frequency.--
``(i) Review.--The Secretary, in
consultation with the Director of the National
Cancer Institute, shall review periodically the
appropriate frequency for performing screening
fecal-occult blood tests and screening flexible
sigmoidoscopies based on age and such other
factors as the Secretary believes to be
pertinent.
``(ii) Revision of frequency.--The
Secretary, taking into consideration the review
made under clause (i), may revise from time to
time the frequency with which such tests and
procedures may be paid for under this
subsection, but no such revision shall apply to
tests or procedures performed before January 1,
1997.''.
(b) Conforming Amendments.--(1) Paragraphs (1)(D) and (2)(D) of
section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by
striking ``subsection (h)(1),'' and inserting ``subsection (h)(1) or
section 1834(d)(1),''.
(2) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is
amended by striking ``The Secretary'' and inserting ``Subject to
paragraphs (1) and (3)(A) of section 1834(d), the Secretary''.
(3) Clauses (i) and (ii) of section 1848(a)(2)(A) of such Act (42
U.S.C. 1395w-4(a)(2)(A)) are each amended by striking ``a service'' and
inserting ``a service (other than a screening flexible sigmoidoscopy
provided to an individual for the purpose of early detection of colon
cancer)''.
(4) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ``and'' at the
end,
(ii) in subparagraph (F), by striking the semicolon
at the end and inserting ``, and'', and
(iii) by adding at the end the following new
subparagraph:
``(G) in the case of screening fecal-occult blood
tests and screening flexible sigmoidoscopies provided
for the purpose of early detection of colon cancer,
which are performed more frequently than is covered
under section 1834(d);''; and
(B) in paragraph (7), by striking ``paragraph (1)(B) or
under paragraph (1)(F)'' and inserting ``subparagraphs (B),
(F), or (G) of paragraph (1)''.
(c) Effective Date.--The amendments made by this section shall
apply to screening fecal-occult blood tests and screening flexible
sigmoidoscopies performed on or after January 1, 1994.
SEC. 4. COVERAGE OF CERTAIN IMMUNIZATIONS.
(a) In General.--Section 1861(s)(10) of the Social Security Act (42
U.S.C. 1395x(s)(10)) is amended--
(1) in subparagraph (A)--
(A) by striking ``, subject to section 4071(b) of
the Omnibus Budget Reconciliation Act of 1987,'', and
(B) by striking ``; and'' and inserting a comma;
(2) in subparagraph (B), by striking the semicolon at the
end and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(C) tetanus-diphtheria booster and its
administration;''.
(b) Limitation on Frequency.--Section 1862(a)(1) of such Act (42
U.S.C. 1395y(a)(1)), as amended by section 3(b)(4)(A), is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) in subparagraph (G), by striking the semicolon at the
end and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(H) in the case of an influenza vaccine, which is
administered within the 11 months after a previous
influenza vaccine, and, in the case of a tetanus-
diphtheria booster, which is administered within the
119 months after a previous tetanus-diphtheria
booster;''.
(c) Conforming Amendment.--Section 1862(a)(7) of such Act (42
U.S.C. 1395y(a)(7)), as amended by section 3(b)(4)(B), is amended by
striking ``or (G)'' and inserting ``(G), or (H)''.
(d) Effective Date.--The amendments made by this section shall
apply to influenza vaccines and tetanus-diphtheria boosters
administered on or after January 1, 1994.
SEC. 5. COVERAGE OF WELL-CHILD CARE.
(a) In General.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (O);
(2) by striking the semicolon at the end of subparagraph
(P) and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(Q) well-child services (as defined in subsection
(ll)(1)) provided to an individual entitled to benefits under
this title who is under 7 years of age;''.
(b) Services Defined.--Section 1861 of such Act (42 U.S.C. 1395x)
is amended--
(1) by redesignating the subsection (jj) as subsection
(kk); and
(2) by inserting after subsection (kk) (as so redesignated)
the following new subsection:
``Well-Child Services
``(ll)(1) The term `well-child services' means well-child care,
including routine office visits, routine immunizations (including the
vaccine itself), routine laboratory tests, and preventive dental care,
provided in accordance with the periodicity schedule established with
respect to the services under paragraph (2).
``(2) The Secretary, in consultation with the American Academy of
Pediatrics, the Advisory Committee on Immunization Practices, and other
entities considered appropriate by the Secretary, shall establish a
schedule of periodicity which reflects the appropriate frequency with
which the services referred to in paragraph (1) should be provided to
healthy children.''.
(c) Conforming Amendments.--(1) Section 1862(a)(1) of such Act (42
U.S.C. 1395y(a)(1)), as amended by sections 3(b)(4)(A) and 4(b), is
amended--
(A) in subparagraph (G), by striking ``and'' at the end;
(B) in subparagraph (H), by striking the semicolon at the
end and inserting ``, and''; and
(C) by adding at the end the following new subparagraph:
``(I) in the case of well-child services, which are
provided more frequently than is provided under the schedule of
periodicity established by the Secretary under section
1861(ll)(2) for such services;''.
(2) Section 1862(a)(7) of such Act (42 U.S.C. 1395y(a)(7)), as
amended by sections 3(b)(4)(B) and 4(c), is amended by striking ``or
(H)'' and inserting ``(H), or (I)''.
(d) Effective Date.--The amendments made by this section shall
apply to well-child services provided on or after January 1, 1994.
SEC. 6. DEMONSTRATION PROJECTS FOR COVERAGE OF OTHER PREVENTIVE
SERVICES.
(a) Establishment.--The Secretary of Health and Human Services
shall establish and provide for a series of ongoing demonstration
projects under which the Secretary shall provide for coverage of the
preventive services described in subsection (c) under the medicare
program in order to determine--
(1) the feasibility and desirability of expanding coverage
of medical and other health services under the medicare program
to include coverage of such services for all individuals
enrolled under part B of title XVIII of the Social Security
Act; and
(2) appropriate methods for the delivery of those services
to medicare beneficiaries.
(b) Sites for Project.--The Secretary shall provide for the conduct
of the demonstration projects established under subsection (a) at the
sites at which the Secretary conducts the demonstration program
established under section 9314 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 and at such other sites as the Secretary
considers appropriate.
(c) Services Covered Under Projects.--The Secretary shall cover the
following services under the series of demonstration projects
established under subsection (a):
(1) Glaucoma screening.
(2) Cholesterol screening and cholesterol-reducing drug
therapies.
(3) Screening and treatment for osteoporosis, including
tests for bone-marrow density and hormone replacement therapy.
(4) Screening services for pregnant women, including ultra-
sound and clamydial testing and maternal serum alfa-protein.
(5) One-time comprehensive assessment for individuals
beginning at age 65 or 75.
(6) Prostate-specific antigen (PSA) testing.
(7) Other services considered appropriate by the Secretary.
(d) Reports to Congress.--Not later than October 1, 1995, and every
2 years thereafter, the Secretary shall submit a report to the
Committee on Finance of the Senate and the Committee on Ways and Means
and the Committee on Energy and Commerce of the House of
Representatives describing findings made under the demonstration
projects conducted pursuant to subsection (a) during the preceding 2-
year period and the Secretary's plans for the demonstration projects
during the succeeding 2-year period.
(e) Authorization of Appropriations.--There are authorized to be
appropriated from the Federal Supplementary Medical Insurance Trust
Fund for expenses incurred in carrying out the series of demonstration
projects established under subsection (a) the following amounts:
(1) $4,000,000 for fiscal year 1994.
(2) $4,000,000 for fiscal year 1995.
(3) $5,000,000 for fiscal year 1996.
(4) $5,000,000 for fiscal year 1997.
(5) $6,000,000 for fiscal year 1998.
SEC. 7. OTA STUDY OF PROCESS FOR REVIEW OF MEDICARE COVERAGE OF
PREVENTIVE SERVICES.
(a) Study.--The Director of the Office of Technology Assessment
(hereafter referred to as the ``Director'') shall, subject to the
approval of the Technology Assessment Board, conduct a study to develop
a process for the regular review for the consideration of coverage of
preventive services under the medicare program, and shall include in
such study a consideration of different types of evaluations, the use
of demonstration projects to obtain data and experience, and the types
of measures, outcomes, and criteria that should be used in making
coverage decisions.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Director shall submit a report to the Committee on
Finance of the Senate and the Committee on Ways and Means and the
Committee on Energy and Commerce of the House of Representatives on the
study conducted under subsection (a). | Medicare Prevention Benefit Act of 1993 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of: (1) annual screening mammography for women over age 64; (2) colorectal screening; (3) certain immunizations; and (4) well-child care.
Directs the Secretary of Health and Human Services to establish demonstration projects for the coverage of other specified preventive services under Medicare. Authorizes appropriations.
Requires the Director of the Office of Technology Assessment to conduct a study to develop a process for the review of Medicare coverage of preventive services. | Medicare Prevention Benefit Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buffalo Bayou National Heritage Area
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Buffalo Bayou National Heritage Area established in this Act.
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated by
this Act.
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area required under this
Act.
(4) Map.--The term ``map'' means the map entitled ``Buffalo
Bayou National Heritage Area Proposed Boundary'', numbered T11/
101,592, and dated March 2010.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Texas.
SEC. 3. BUFFALO BAYOU NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the Buffalo
Bayou National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of areas included
in the map in Harris County, Texas.
(c) Map.--A map of the Heritage Area shall be--
(1) included in the management plan; and
(2) on file and available for public inspection in the
appropriate offices of the National Park Service.
(d) Management Entity.--The management entity for the Heritage Area
shall be the Buffalo Bayou National Heritage Area Corporation.
SEC. 4. ADMINISTRATION.
The management entity shall--
(1) in accordance with section 5, prepare and submit a
management plan for the Heritage Area to the Secretary;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in carrying out the
approved management plan by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values in the Heritage Area;
(B) establishing and maintaining interpretive
exhibits and programs in the Heritage Area;
(C) developing recreational and educational
opportunities in the Heritage Area;
(D) increasing public awareness of, and
appreciation for, natural, historical, scenic, and
cultural resources of the Heritage Area;
(E) protecting and restoring historic sites and
buildings in the Heritage Area that are consistent with
Heritage Area themes;
(F) ensuring that clear, consistent, and
appropriate signs identifying points of public access,
and sites of interest are posted throughout the
Heritage Area; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further
the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area
in the preparation and implementation of the management plan;
(4) conduct meetings open to the public at least
semiannually regarding the development and implementation of
the management plan; and
(5) submit an annual report to the Secretary that describes
the activities, expenses, and income of the management entity
(including grants to any other entities during the year that
the report is made).
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the management entity shall submit to the Secretary for
approval a proposed management plan for the Heritage Area.
(b) Requirements.--The management plan shall--
(1) incorporate an integrated and cooperative approach for
the protection, enhancement, and interpretation of the natural,
cultural, historic, scenic, and recreational resources of the
Heritage Area;
(2) take into consideration State and local plans;
(3) include--
(A) an inventory of--
(i) the resources located in the core area
described in section 4(b); and
(ii) any other property in the core area
that--
(I) is related to the themes of the
Heritage Area; and
(II) should be preserved, restored,
managed, or maintained because of the
significance of the property;
(B) comprehensive policies, strategies, and
recommendations for conservation, funding, management,
and development of the Heritage Area;
(C) a description of actions that governments,
private organizations, and individuals have agreed to
take to protect the natural, historical, and cultural
resources of the Heritage Area;
(D) a program of implementation for the management
plan by the management entity that includes a
description of actions to facilitate ongoing
collaboration among partners to--
(i) promote plans for resource protection,
restoration, and construction; and
(ii) specific commitments for
implementation that have been made by the
management entity or any government,
organization, or individual for the first 5
years of operation;
(E) the identification of sources of funding for
carrying out the management plan;
(F) analysis and recommendations for means by which
local, State, and Federal programs, including the role
of the National Park Service in the Heritage Area, may
best be coordinated to carry out this Act; and
(G) an interpretive plan for the Heritage Area; and
(4) 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 natural, historical, cultural,
educational, scenic, and recreational resources of the Heritage
Area.
(c) Deadline.--If a proposed management plan is not submitted to
the Secretary by the date that is 3 years after the date of enactment
of this Act, the management entity shall be ineligible to receive the
designation of a National Heritage Area under this Act until the date
that the Secretary receives and approves the management plan.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date of
receipt of the management plan under subsection (a), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(2) Criteria for approval.--In determining whether to
approve the management plan, the Secretary shall consider
whether--
(A) the management entity is representative of the
diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
and recreational organizations;
(B) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan; and
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historical, and cultural resources of the Heritage
Area.
(3) Action following disapproval.--If the Secretary
disapproves the management plan under paragraph (1), the
Secretary shall--
(A) advise the management entity in writing of the
reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 180 days after the receipt of
any proposed revision of the management plan from the
management entity, approve or disapprove the proposed
revision.
(4) Amendments.--The Secretary shall approve or disapprove
each amendment to the management plan that the Secretary
determines makes a substantial change to the management plan.
SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities with the
Secretary and the management entity to the maximum extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 7. PRIVATE PROPERTY PROTECTION.
Nothing in this Act--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State or local agency, or conveys any land use or other
regulatory authority to the management entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 8. WATER RIGHTS.
(a) Statement of Policy.--Nothing in this Act is meant to modify
the Rio Grande Natural Area Act.
(b) Applicability.--Nothing in this Act--
(1) amends, modifies, or is in conflict with the Act of May
31, 1939 (53 Stat. 785, chapter 155);
(2) authorizes the regulation of private land in the
Heritage Area;
(3) authorizes the imposition of any mandatory streamflow
requirements;
(4) creates an express or implied Federal reserved water
right;
(5) imposes any Federal water quality standard within or
upstream of the Heritage Area that is more restrictive than
would be applicable had the Heritage Area not been established;
or
(6) prevents the State of Texas from acquiring an instream
flow through the Heritage Area under the terms, conditions, and
limitations of State law to assist in protecting the natural
environment to the extent and for the purposes authorized by
State law.
SEC. 9. EVALUATION REPORT.
(a) In General.--Ten years after the establishment of the Heritage
Area, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the management entity with
respect to--
(A) accomplishing the purposes of this Act for the
Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(2) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the impact of the
investments; and
(3) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(c) Report.--
(1) In general.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(2) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives. | Buffalo Bayou National Heritage Area Act This bill establishes the Buffalo Bayou National Heritage Area in Texas. The Buffalo Bayou National Heritage Area Corporation is designated as the management entity for the heritage area. The corporation shall submit a management plan for the heritage area. The bill sets forth requirements for the approval or disapproval of the plan. The bill specifies its effect on private property protections and water rights with regard to the heritage area. Nothing in this bill is meant to modify the Rio Grande Natural Area Act. | Buffalo Bayou National Heritage Area Act |
SECTION 1. EMERGENCY DISASTER ASSISTANCE.
(a) Definitions.--In this section:
(1) Disaster county.--
(A) In general.--The term ``disaster county'' means
a county included in the geographic area covered by a
qualifying natural disaster declaration for calendar
year 2009 for which the request for such declaration
was approved by the Secretary as of November 17, 2009.
(B) Exclusion.--The term ``disaster county'' does
not include a contiguous county.
(2) Eligible producer.--The term ``eligible producer''
means an agricultural producer in a disaster county.
(3) Eligible specialty crop producer.--The term ``eligible
specialty crop producer'' means an agricultural producer that,
during the 2009 calendar year, as determined by the Secretary--
(A) produced, or were prevented from planting, a
specialty crop in 1 or more disaster counties; and
(B) experienced crop losses associated with drought
or excessive rainfall.
(4) Qualifying natural disaster declaration.--The term
``qualifying natural disaster declaration'' means a natural
disaster declared by the Secretary for production losses under
section 321(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1961(a)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) Specialty crop.--The term ``specialty crop'' has the
meaning given the term in section 3 of the Specialty Crops
Competitiveness Act of 2004 (Public Law 108-465; 7 U.S.C. 1621
note).
(b) Supplemental Direct Payment.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use such sums as are necessary
to make a supplemental payment under section 1103 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8713) to eligible
producers that previously received a payment under that section.
(c) Specialty Crop Assistance.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use not more than
$650,000,000, to remain available until September 30, 2011, to
carry out a program of grants to States to assist eligible
specialty crop producers for losses associated with drought or
excessive rainfall during the 2009 calendar year.
(2) Notification.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall notify the State
department of agriculture (or similar entity) in each State of
the availability of funds to assist eligible specialty crop
producers, including such terms as are determined by the
Secretary to be necessary for the equitable treatment of
eligible specialty crop producers.
(3) Provision of grants.--
(A) In general.--The Secretary shall make grants to
States under this subsection on a pro rata basis based
on the value of specialty crop production during the
2008 calendar year, as determined by the Secretary.
(B) Timing.--Not later than 120 days after the date
of enactment of this Act, the Secretary shall make
grants to States to provide assistance under this
subsection.
(C) Maximum grant.--The maximum amount of a grant
made to a State under this subsection may not exceed
$40,000,000.
(4) Requirements.--The Secretary shall make grants under
this subsection only to States that demonstrate to the
satisfaction of the Secretary that the State will--
(A) use grant funds to assist eligible specialty
crop producers;
(B) provide assistance to eligible specialty crop
producers not later than 60 days after the date on
which the State receives grant funds; and
(C) not later than 30 days after the date on which
the State provides assistance to eligible specialty
crop producers, submit to the Secretary a report that
describes--
(i) the manner in which the State provided
assistance;
(ii) the amounts of assistance provided by
type of specialty crop; and
(iii) the process by which the State
determined the levels of assistance to eligible
specialty crop producers.
(d) Cottonseed Assistance.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use not more than $42,000,000
to provide supplemental assistance to eligible producers and
first-handlers of the 2009 crop of cottonseed in disaster
counties.
(2) General terms.--Except as otherwise provided in this
subsection, the Secretary shall provide disaster assistance
under this subsection under the same terms and conditions as
assistance provided under section 3015 of the Emergency
Agricultural Disaster Assistance Act of 2006 (title III of
Public Law 109-234; 120 Stat. 477).
(3) Distribution of assistance.--The Secretary shall
distribute assistance to first handlers for the benefit of
eligible producers in a disaster county in an amount equal to
the product obtained by multiplying--
(A) the payment rate, as determined under paragraph
(4); and
(B) the county-eligible production, as determined
under paragraph (5).
(4) Payment rate.--The payment rate shall be equal to the
quotient obtained by dividing--
(A) the sum of the county-eligible production, as
determined under paragraph (5); by
(B) the total funds made available to carry out
this subsection.
(5) County-eligible production.--The county-eligible
production shall be equal to the product obtained by
multiplying--
(A) the number of acres planted to cotton in the
disaster county, as reported to the Secretary by first-
handlers;
(B) the expected cotton lint yield for the disaster
county, as determined by the Secretary based on the
best available information; and
(C) the national average seed-to-lint ratio, as
determined by the Secretary based on the best available
information for the 5 crop years immediately preceding
the 2009 crop, excluding the year in which the average
ratio was the highest and the year in which the average
ratio was the lowest in such period.
(e) Livestock Assistance.--
(1) Continuation of assistance program.--
(A) In general.--Subject to paragraph (3), the
Secretary shall continue to carry out the 2002
Livestock Compensation Program announced by the
Secretary on October 10, 2002 (67 Fed. Reg. 63070)
(referred to in this paragraph as the ``Program'').
(B) Assistance.--In carrying out the Program, the
Secretary shall provide assistance to any applicant
that--
(i) conducts a livestock operation that is
physically located in a disaster county and
meets all other eligibility requirements
established by the Secretary for the Program;
or
(ii) produces an animal described in
section 10806(a)(1) of the Farm Security and
Rural Investment Act of 2002 (21 U.S.C.
321d(a)(1)) and meets all other eligibility
requirements established by the Secretary for
the Program.
(C) Use of commodity credit corporation funds.--
Effective beginning on the date of enactment of this
Act, the Secretary shall carry out the Program using
funds of the Commodity Credit Corporation.
(2) Livestock loss assistance program.--Subject to
paragraph (3), of the funds of the Commodity Credit
Corporation, the Secretary shall use $150,000,000 to carry out
a program to make payments to eligible producers for livestock
losses occurring in a disaster county under the same criteria
established to carry out the 1999 Livestock Assistance Program.
(3) Relationship of livestock assistance programs.--The
amount of assistance that the eligible producers on a farm
would otherwise receive for a loss under a livestock assistance
program, except for the operation of this subsection, shall be
reduced by the amount of the assistance that the eligible
producers on the farm receive under any other livestock
assistance program.
(f) Relation to Other Law.--An eligible producer or eligible
specialty crop producer that receives assistance under this section
shall be ineligible to receive assistance for the 2009 crop year under
the program carried out under section 531 of the Federal Crop Insurance
Act (7 U.S.C. 1531) and section 901 of the Trade Act of 1974 (19 U.S.C.
2497).
(g) Administration.--
(1) Regulations.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
promulgate such regulations as are necessary to
implement this section.
(B) Procedure.--The promulgation of the regulations
and administration of this section shall be made
without regard to--
(i) the notice and comment provisions of
section 553 of title 5, United States Code;
(ii) the Statement of Policy of the
Secretary of Agriculture effective July 24,
1971 (36 Fed. Reg. 13804), relating to notices
of proposed rulemaking and public participation
in rulemaking; and
(iii) chapter 35 of title 44, United States
Code (commonly known as the ``Paperwork
Reduction Act'').
(C) Congressional review of agency rulemaking.--In
carrying out this paragraph, the Secretary shall use
the authority provided under section 808 of title 5,
United States Code.
(2) Offset.--
(A) In general.--The Secretary of the Treasury
shall rescind such funds as are necessary of funds made
available under the Troubled Asset Relief Program
established under title I of division A of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5211 et seq.) to reimburse the Commodity Credit
Corporation for expenditures under this Act.
(B) Administrative costs.--The Secretary may use up
to $5,000,000 of amounts made available under
subparagraph (A) to pay administrative costs incurred
by the Secretary that are directly related to carrying
out this Act. | Directs the Secretary of Agriculture to: (1) make a supplemental direct commodity payment to eligible producers that previously received such a payment; (2) make grants to states to assist eligible specialty crop producers for losses associated with drought or excessive rainfall during 2009; (3) provide supplemental assistance to eligible producers and first-handlers of the 2009 crop of cottonseed in disaster counties; (4) continue to carry out the 2002 livestock compensation program and provide assistance to any applicant that conducts a livestock operation located in a disaster county or produces fish classified within the family Ictaluridae (catfish); and (5) make payments to eligible producers for livestock losses occurring in a disaster county. | A bill to require the Secretary of Agriculture to provide emergency disaster assistance to certain agricultural producers that suffered losses during the 2009 calendar year. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mass Evacuation Exercise Assistance
Act of 2005''.
SEC. 2. MASS EVACUATION EXERCISES AND EXECUTION OF EMERGENCY RESPONSE
PLANS.
Section 201 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131) is amended by adding at the end the
following:
``(e) Grants for Mass Evacuation Exercises for Urban and Suburban
Areas and the Execution of Emergency Response Plans.--
``(1) In general.--The Secretary of Homeland Security shall
make grants to States or units of local governments nominated
by States to--
``(A) establish programs for the development of
plans and conduct of exercises for the mass evacuation
of persons in urban and suburban areas; and
``(B) execute plans developed under subparagraph
(A), including the purchase and stockpiling of
necessary supplies for emergency routes and shelters.
``(2) Conditions.--As a condition for the receipt of
assistance under paragraph (1)(A), the Secretary of Homeland
Security may establish any guidelines and standards for the
programs that the Secretary determines to be appropriate.
``(3) Requirements.--To the maximum extent practicable, a
program assisted under paragraph (1)(A) shall incorporate the
coordinated use of public and private transportation resources
in the plans developed and the exercises carried out under the
program.
``(4) Participation of members of the armed forces.--
``(A) In general.--The Secretary of Defense may
authorize the participation of members of the Armed
Forces and the use of appropriate Department of Defense
equipment and materials in an exercise carried out
under a program assisted under this subsection.
``(B) Reimbursement for participation of guard.--In
the event members of the National Guard in State status
participate in an exercise carried out under a program
assisted under this subsection pursuant to an
authorization of the chief executive officer of a
State, the Secretary of Defense may, using amounts
available to the Department of Defense, reimburse the
State for the costs to the State of the participation
of such members in such exercise.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $250,000,000
for each of fiscal years 2006 through 2010.
``(f) Mass Evacuation Plans.--
``(1) Requirement.--Each State or unit of local government
receiving a grant under subsection (e)(1) shall, in
consultation with relevant local governments, develop and
maintain detailed and comprehensive mass evacuation plans for
each area in the jurisdiction of the State unit of local
government.
``(2) Plan development.--In developing the evacuation plans
required under paragraph (1), each State or unit of local
government shall, to the maximum extent practicable--
``(A) assist urban and suburban county and
municipal governments in establishing and maintaining
mass evacuation plans;
``(B) assist hospitals, nursing homes, other
institutional adult congregate living facilities, group
homes, and other health or residential care facilities
that house individuals with special needs in
establishing and maintaining mass evacuation plans; and
``(C) integrate the plans described in
subparagraphs (A) and (B) and coordinate evacuation
efforts with the entities described in subparagraphs
(A) and (B).
``(3) Plan contents.--State, county, and municipal mass
evacuation plans shall, to the maximum extent practicable--
``(A) establish incident command and decisionmaking
processes;
``(B) identify primary and alternate escape routes;
``(C) establish procedures for converting 2-way
traffic to 1-way evacuation routes, removing tollgates,
ensuring the free movement of emergency vehicles, and
deploying traffic management personnel and appropriate
traffic signs;
``(D) maintain detailed inventories of drivers and
public and private vehicles, including buses, vans, and
handicap-accessible vehicles, that may be pressed into
service;
``(E) maintain detailed inventories of emergency
shelter locations and develop the necessary agreements
with neighboring jurisdictions to operate or use the
shelters in the event of a mass evacuation;
``(F) establish procedures for informing the public
of evacuation procedures before and during an
evacuation and return procedures after an evacuation,
including using television, radio, print, and online
media, land-based and mobile phone technology, and
vehicles equipped with public address systems;
``(G) identify primary and alternate staging
locations for emergency responders;
``(H) identify gaps in the ability to respond to
different types of disasters, including the capacity to
handle surges in demand for hospital, emergency
medical, coroner, morgue, and mortuary services,
quarantines, decontaminations, and criminal
investigations;
``(I) establish procedures to evacuate individuals
with special needs, including individuals who are low-
income, disabled, homeless, or elderly or who do not
speak English;
``(J) establish procedures for evacuating animals
that assist the disabled;
``(K) establish procedures for protecting property,
preventing looting, and accounting for pets; and
``(L) ensure the participation of the private and
nonprofit sectors.
``(4) Updating of plans.--State, county, municipal, and
private plans under this subsection shall be updated on a
regular basis.
``(g) Additional Assistance to States.--The Secretary of Homeland
Security shall assist States and local governments in developing and
maintaining the plans described in subsection (f) by--
``(1) establishing and maintaining comprehensive best
practices for evacuation planning, training, and execution;
``(2) developing assistance teams to travel to States and
assist local governments in planning, training, and execution;
``(3) developing a training curriculum based on the best
practices established under paragraph (1);
``(4) providing the training curriculum developed under
paragraph (3) to State and local officials;
``(5) maintaining a list of qualified government agencies,
private sector consultants, and nonprofit organizations that
can assist local governments in setting up evacuation plans;
and
``(6) establishing and maintaining a comprehensive guide
for State and local governments regarding--
``(A) the types of Federal assistance that are
available to respond to emergencies; and
``(B) the steps necessary to apply for that
assistance.
``(h) Report To Congress.--Not later than 1 year after the date of
enactment of this subsection, the Comptroller General of the United
States shall conduct a study detailing--
``(1) any Federal laws that pose an obstacle to effective
evacuation planning;
``(2) any State or local laws that pose an obstacle to
effective evacuation planning; and
``(3) the political and economic pressures that discourage
governors, county executives, mayors, and other officials
from--
``(A) ordering an evacuation; or
``(B) conducting exercises for the mass evacuation
of people.''. | Mass Evacuation Exercise Assistance Act of 2005 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for grants for mass evacuation exercises for urban and suburban areas and for the execution of emergency response plans. Requires each state or local government receiving such a grant to develop detailed and comprehensive mass evacuation plans for each area in its respective jurisdiction. Requires the Secretary of Homeland Security to assist states and local governments in developing and maintaining such plans. | A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide grants for mass evacuation exercises for urban and suburban areas and the execution of emergency response plans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of State Rewards Program
Update and Technical Corrections Act of 2012''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The Department of State's existing rewards programs
permit the payment of reward for information leading to the
arrest or conviction of--
(A) individuals who have committed, or attempted or
conspired to commit, certain acts of international
terrorism;
(B) individuals who have committed, or attempted or
conspired to commit, certain narcotics-related
offenses; and
(C) individuals who have been indicted by certain
international criminal tribunals.
(2) The Department of State considers the rewards program
to be ``one of the most valuable assets the U.S. Government has
in the fight against international terrorism.''. Since the
program's inception in 1984, the United States has rewarded
over 60 people who provided actionable information that,
according to the Department of State, prevented international
terrorist attacks or helped convict individuals involved in
terrorist attacks.
(3) The program has been credited with providing
information in several high-profile cases, including the arrest
of Ramzi Yousef, who was convicted in the 1993 bombing of the
World Trade Center, the deaths of Uday and Qusay Hussein, who
United States military forces located and killed in Iraq after
receiving information about their locations, and the arrests or
deaths of several members of the Abu Sayyaf group, believed to
be responsible for the kidnappings and deaths of Americans and
Filipinos in the Philippines.
(b) Sense of Congress.--It is the sense of Congress that the
rewards program of the Department of State should be expanded in order
to--
(1) address the growing threat to important United States
interests from transnational criminal activity, such as
intellectual property rights piracy, money laundering,
trafficking in persons, arms trafficking, and cybercrime; and
(2) target other individuals indicted by international,
hybrid, or mixed tribunals for genocide, war crimes, or crimes
against humanity.
SEC. 3. ENHANCED REWARDS AUTHORITY.
Section 36 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708) is amended--
(1) in subsection (a)(2), by inserting ``serious violations
of international humanitarian law, transnational organized
crime,'' after ``international narcotics trafficking,'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Attorney General'' and inserting ``heads of
other relevant departments or agencies'';
(B) in paragraphs (4) and (5), by striking
``paragraph (1), (2), or (3)'' each place it appears
and inserting ``paragraph (1), (2), (3), (8), or (9)'';
(C) in paragraph (6)--
(i) by inserting ``or transnational
organized crime group'' after ``terrorist
organization''; and
(ii) by striking ``or'' at the end;
(D) in paragraph (7)--
(i) in the matter preceding subparagraph
(A), by striking ``, including the use by the
organization of illicit narcotics production or
international narcotics trafficking'' and
inserting ``or transnational organized crime
group, including the use by such organization
or group of illicit narcotics production or
international narcotics trafficking'';
(ii) in subparagraph (A), by inserting ``or
transnational organized crime'' after
``international terrorism''; and
(iii) in subparagraph (B)--
(I) by inserting ``or transnational
organized crime group'' after
``terrorist organization''; and
(II) by striking the period at the
end and inserting a semicolon; and
(E) by adding at the end the following new
paragraphs:
``(8) the arrest or conviction in any country of any
individual for participating in, primarily outside the United
States, transnational organized crime;
``(9) the arrest or conviction in any country of any
individual conspiring to participate in or attempting to
participate in transnational organized crime; or
``(10) the arrest or conviction in any country, or the
transfer to or conviction by an international criminal tribunal
(including a hybrid or mixed tribunal), of any foreign national
accused of war crimes, crimes against humanity, or genocide, as
defined under the statute of such tribunal.''; and
(3) in subsection (k)--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (7) and (8), respectively; and
(B) by inserting after paragraph (4) the following
new paragraphs:
``(5) Transnational organized crime.--The term
`transnational organized crime' means--
``(A) racketeering activity (as such term is
defined in section 1961 of title 18, United States
Code) that involves at least one jurisdiction outside
the United States; or
``(B) any other criminal offense punishable by a
term of imprisonment of at least four years under
Federal, State, or local law that involves at least one
jurisdiction outside the United States and that is
intended to obtain, directly or indirectly, a financial
or other material benefit.
``(6) Transnational organized crime group.--The term
`transnational organized crime group' means a group of persons
that includes one or more citizens of a foreign country, exists
for a period of time, and acts in concert with the aim of
engaging in transnational organized crime.''.
SEC. 4. TECHNICAL CORRECTION.
Section 36(e)(1) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708) is amended by striking ``The Secretary shall
authorize a reward of $50,000,000 for the capture or death or
information leading to the capture or death of Osama bin Laden.''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as authorizing the use of
activity precluded under the American Servicemembers' Protection Act of
2002 (Public Law 107-206). | Department of State Rewards Program Update and Technical Corrections Act of 2012 - Expresses the sense of Congress that the Department of State rewards program should be expanded to: (1) address the threat to U.S. interests from transnational criminal activity; and (2) target individuals indicted by international, hybrid, or mixed tribunals for genocide, war crimes, or crimes against humanity.
Amends the State Department Basic Authorities Act of 1956 to include in the program's purpose the prevention of acts of transnational organized crime and violations of international humanitarian law. Provides rewards for the arrest or conviction of persons involved in such activities.
Eliminates program references to the reward for the capture or death of Osama bin Laden. | To authorize the Secretary of State to pay a reward to combat transnational organized crime and for information concerning foreign nationals wanted by international criminal tribunals, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Unemployment Compensation Extension Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Federal-State agreements.
Sec. 3. Temporary extended unemployment compensation account.
Sec. 4. Payments to States having agreements for the payment of
temporary extended unemployment
compensation.
Sec. 5. Financing provisions.
Sec. 6. Fraud and overpayments.
Sec. 7. Definitions.
Sec. 8. Applicability.
SEC. 2. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this Act with the Secretary of
Labor (in this Act referred to as the ``Secretary''). Any State which
is a party to an agreement under this Act may, upon providing 30 days
written notice to the Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under subsection (a)
shall provide that the State agency of the State will make payments of
temporary extended unemployment compensation to individuals who--
(1) have exhausted all rights to regular compensation under
the State law or under Federal law with respect to a benefit
year (excluding any benefit year that ended before the date
that is 1 year prior to the date of enactment of this Act);
(2) have no rights to regular compensation or extended
compensation with respect to a week under such law or any other
State unemployment compensation law or to compensation under
any other Federal law;
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada; and
(4) filed an initial claim for regular compensation on or
after the date that is 1 year prior to the date of enactment of
this Act.
(c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an
individual shall be deemed to have exhausted such individual's rights
to regular compensation under a State law when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(d) Weekly Benefit Amount, etc.--For purposes of any agreement
under this Act--
(1) the amount of temporary extended unemployment
compensation which shall be payable to any individual for any
week of total unemployment shall be equal to the sum of--
(A) the amount of the regular compensation
(including dependents' allowances) payable to such
individual during such individual's benefit year under
the State law for a week of total unemployment; and
(B) $50;
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for temporary extended unemployment
compensation and the payment thereof, except where otherwise
inconsistent with the provisions of this Act or with the
regulations or operating instructions of the Secretary
promulgated to carry out this Act; and
(3) the maximum amount of temporary extended unemployment
compensation payable to any individual for whom a temporary
extended unemployment compensation account is established under
section 3 shall not exceed the amount established in such
account for such individual.
(e) Election by States.--Notwithstanding any other provision of
Federal law (and if State law permits), the Governor of a State that is
in an extended benefit period may provide for the payment of temporary
extended unemployment compensation in lieu of extended compensation to
individuals who otherwise meet the requirements of this section. Such
an election shall not require a State to trigger off an extended
benefit period.
SEC. 3. TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.
(a) In General.--Any agreement under this Act shall provide that
the State will establish, for each eligible individual who files an
application for temporary extended unemployment compensation, a
temporary extended unemployment compensation account with respect to
such individual's benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to 20 times the individual's
average weekly benefit amount (as determined under paragraph
(2)) for the benefit year.
(2) Weekly benefit amount.--For purposes of paragraph (1)
and subsection (c)(1), an individual's weekly benefit amount
for any week is equal to the sum of--
(A) the amount of regular compensation (including
dependents' allowances) under the State law payable to
such individual for such week for total unemployment;
and
(B) $50.
(c) Special Rule.--
(1) In general.--Notwithstanding any other provision of
this section, if, at the time that the individual's account is
exhausted, such individual's State is in an extended benefit
period (as determined under paragraph (2)), then, such account
shall be augmented by an amount equal to 13 times the
individual's average weekly benefit amount (as determined under
subsection (b)(2)) for the benefit year.
(2) Extended benefit period.--For purposes of paragraph
(1), a State shall be considered to be in an extended benefit
period if, at the time of exhaustion (as described in paragraph
(1)) or at any time during the period beginning on the date of
enactment of this act and ending at the time of such
exhaustion--
(A) such a period is then in effect for such State
under the Federal-State Extended Unemployment
Compensation Act of 1970; or
(B) such a period would then be in effect for such
State under such Act if--
(i) section 203(f) of such Act was applied
to such State (regardless of whether the State
by law had provided for such application); and
(ii) such section 203(f)--
(I) was applied by substituting
``6.0'' for ``6.5'' in paragraph
(1)(A)(i); and
(II) did not include the
requirement under paragraph (1)(A)(ii).
SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF
TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION.
(a) General Rule.--There shall be paid to each State which has
entered into an agreement under this Act an amount equal to 100 percent
of the temporary extended unemployment compensation paid to individuals
by the State pursuant to such agreement.
(b) Treatment of Reimbursable Compensation.--No payment shall be
made to any State under this section in respect of any compensation to
the extent the State is entitled to reimbursement in respect of such
compensation under the provisions of any Federal law other than this
Act or chapter 85 of title 5, United States Code. A State shall not be
entitled to any reimbursement under such chapter 85 in respect of any
compensation to the extent the State is entitled to reimbursement under
this Act in respect of such compensation.
(c) Determination of Amount.--Sums payable to any State by reason
of such State having an agreement under this Act shall be payable,
either in advance or by way of reimbursement (as may be determined by
the Secretary), in such amounts as the Secretary estimates the State
will be entitled to receive under this Act for each calendar month,
reduced or increased, as the case may be, by any amount by which the
Secretary finds that the Secretary's estimates for any prior calendar
month were greater or less than the amounts which should have been paid
to the State. Such estimates may be made on the basis of such
statistical, sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
SEC. 5. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905(a) of the Social Security Act
(42 U.S.C. 1105(a))) of the Unemployment Trust Fund (as established by
section 904(a) of such Act (42 U.S.C. 1104(a))) shall be used for the
making of payments to States having agreements entered into under this
Act.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
payable to such State under this Act. The Secretary of the Treasury,
prior to audit or settlement by the Government Accountability Office,
shall make payments to the State in accordance with such certification,
by transfers from the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment Trust
Fund (as so established).
(c) Assistance to States.--There are appropriated out of the
employment security administration account (as established by section
901(a) of the Social Security Act (42 U.S.C. 1101(a))) of the
Unemployment Trust Fund, without fiscal year limitation, such funds as
may be necessary for purposes of assisting States (as provided in title
III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the
costs of administration of agreements under this Act.
(d) Appropriations for Certain Payments.--There are appropriated
from the general fund of the Treasury, without fiscal year limitation,
to the extended unemployment compensation account (as so established)
of the Unemployment Trust Fund (as so established) such sums as the
Secretary estimates to be necessary to make the payments under this
section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
SEC. 6. FRAUD AND OVERPAYMENTS.
(a) In General.--If an individual knowingly has made, or caused to
be made by another, a false statement or representation of a material
fact, or knowingly has failed, or caused another to fail, to disclose a
material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received an
amount of temporary extended unemployment compensation under this Act
to which the individual was not entitled, such individual--
(1) shall be ineligible for further temporary extended
unemployment compensation under this Act in accordance with the
provisions of the applicable State unemployment compensation
law relating to fraud in connection with a claim for
unemployment compensation; and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have received
amounts of temporary extended unemployment compensation under this Act
to which they were not entitled, the State shall require such
individuals to repay the amounts of such temporary extended
unemployment compensation to the State agency, except that the State
agency may waive such repayment if it determines that--
(1) the payment of such temporary extended unemployment
compensation was without fault on the part of any such
individual; and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any
temporary extended unemployment compensation payable to such
individual under this Act or from any unemployment compensation
payable to such individual under any Federal unemployment
compensation law administered by the State agency or under any
other Federal law administered by the State agency which
provides for the payment of any assistance or allowance with
respect to any week of unemployment, during the 3-year period
after the date such individuals received the payment of the
temporary extended unemployment compensation to which they were
not entitled, except that no single deduction may exceed 50
percent of the weekly benefit amount from which such deduction
is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(d) Review.--Any determination by a State agency under this section
shall be subject to review in the same manner and to the same extent as
determinations under the State unemployment compensation law, and only
in that manner and to that extent.
SEC. 7. DEFINITIONS.
In this Act, the terms ``compensation'', ``regular compensation'',
``extended compensation'', ``benefit year'', ``base period'',
``State'', ``State agency'', ``State law'', and ``week'' have the
respective meanings given such terms under section 205 of the Federal-
State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304
note).
SEC. 8. APPLICABILITY.
(a) In General.--Except as provided in subsection (b), an agreement
entered into under this Act shall apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending on or before the date that is 1 year after the
date of enactment of this Act.
(b) Transition for Amount Remaining in Account.--
(1) In general.--Subject to paragraphs (2) and (3), in the
case of an individual who has amounts remaining in an account
established under section 3 as of the date that is 1 year after
the date of enactment of this Act, temporary extended
unemployment compensation shall continue to be payable to such
individual from such amounts for any week beginning after the
date that is 1 year after the date of enactment of this Act for
which the individual meets the eligibility requirements of this
Act.
(2) No augmentation after 1 year after the date of
enactment of this act.--If the account of an individual is
exhausted after the date that is 1 year after the date of
enactment of this Act, then section 3(c) shall not apply and
such account shall not be augmented under such section,
regardless of whether such individual's State is in an extended
benefit period (as determined under paragraph (2) of such
section).
(3) Limitation.--No compensation shall be payable by reason
of paragraph (1) for any week beginning after the date that is
18 months after the date of enactment of this Act. | Emergency Unemployment Compensation Extension Act of 2008 - Provides for federal-state agreements under which a state will make temporary extended unemployment compensation payments to individuals who: (1) have exhausted all rights to regular compensation under state or federal law with respect to a benefit year (excluding any benefit year that ended before one year before the enactment of this Act); (2) have no rights to regular compensation or extended compensation with respect to a week under such law or any other state or federal unemployment compensation law; (3) are not receiving compensation for such week under the unemployment compensation law of Canada; and (4) filed an initial claim for regular compensation on or after one year before the enactment of this Act.
Requires federal payments to states to cover 100% of such temporary extended unemployment compensation payments.
Provides for handling of fraud and overpayments of unemployment compensation. | A bill to provide for a program of temporary extended unemployment compensation. |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Approximately 3,000,000 reports of child abuse and
neglect must be investigated each year.
(2) Approximately 1,000,000 of these reports are confirmed
and require ongoing intervention.
(3) On any given day in the United States, more than
500,000 children are being served outside their homes by the
child welfare system.
(4) These children are served in more than 150,000 foster
homes and more than 5,000 residential programs.
(5) The child welfare workforce crisis has developed as the
result of the following 3 major factors:
(A) Overall low levels of unemployment and the
resulting increase in competition for workers in all
sectors of the economy.
(B) The increasing numbers of children and families
needing service coupled with the decreasing numbers of
workers in the employment pool.
(C) The relatively low pay and difficult working
conditions that exist in many child welfare agencies.
(6) The vacancy rate in State child welfare agencies is 8.1
percent, and 14.3 percent for private agencies.
(7) The overall turnover rate in child welfare agencies has
doubled since 1991, to 13.9 percent in public agencies and to
46.5 percent in private agencies.
(8) The child welfare workforce crisis is real and is
already compromising the ability of the child welfare system to
effectively provide essential services to its children and
families. In addition, analysis of trends indicates that the
situation will worsen over the next decade. It is clear that
steps must be taken now to encourage more workers to enter the
child welfare services field and to improve the salaries,
working conditions, and training of workers who provide these
critically important services.
SEC. 2. LOAN FORGIVENESS FOR CHILD WELFARE WORKERS.
Part B of title IV of the Higher Education Act of 1965 is amended
by inserting after section 428K (20 U.S.C. 1078-11) the following:
``SEC. 428L. LOAN FORGIVENESS FOR CHILD WELFARE WORKERS.
``(a) Purpose.--It is the purpose of this section--
``(1) to bring more highly trained individuals into the
child welfare profession; and
``(2) to keep more highly trained child welfare workers in
the child welfare field for longer periods of time.
``(b) Definitions.--In this section:
``(1) Child welfare services.--The term `child welfare
services' has the meaning given the term in section 425 of the
Social Security Act.
``(2) Child welfare agency.--The term `child welfare
agency' means the State agency responsible for administering
subpart 1 of part B of title IV of the Social Security Act and
any public or private agency under contract with the State
agency to provide child welfare services.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(4) State.--The term `State' has the meaning given the
term in section 1101(a)(1) of the Social Security Act for
purposes of title IV of such Act, and includes an Indian tribe.
``(c) Demonstration Program.--
``(1) In general.--The Secretary may carry out a
demonstration program of assuming the obligation to repay,
pursuant to subsection (d), a loan made, insured, or guaranteed
under this part or part D (excluding loans made under sections
428B and 428C, or comparable loans made under part D) for any
new borrower after the date of enactment of this section, who--
``(A) obtains a bachelor's or master's degree in
social work;
``(B) obtains employment in public or private child
welfare services; and
``(C) has worked full time as a social worker for 2
consecutive years preceding the year for which the
determination is made.
``(2) Award basis; priority.--
``(A) Award basis.--Subject to subparagraph (B),
loan repayment under this section shall be on a first-
come, first-served basis and subject to the
availability of appropriations.
``(B) Priority.--The Secretary shall give priority
in providing loan repayment under this section for a
fiscal year to student borrowers who received loan
repayment under this section for the preceding fiscal
year.
``(3) Outreach.--The Secretary shall post a notice on a
Department Internet web site regarding the availability of loan
repayment under this section, and shall notify institutions of
higher education regarding the availability of loan repayment
under this section.
``(4) Regulations.--The Secretary is authorized to
prescribe such regulations as may be necessary to carry out the
provisions of this section.
``(d) Loan Repayment.--
``(1) In general.--The Secretary shall assume the
obligation to repay--
``(A) after the third consecutive year of
employment described in subsection (c)(1)(C), 20
percent of the total amount of all loans made under
this part or part D (excluding loans made under section
428B or 428C, or comparable loans made under part D)
for any new borrower after the date of enactment of
this section;
``(B) after the fourth consecutive year of such
employment, 30 percent of the total amount of such
loans; and
``(C) after the fifth consecutive year of such
employment, 50 percent of the total amount of such
loans.
``(2) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan
made under this part or part D.
``(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan which accrues for such year
shall be repaid by the Secretary.
``(4) Special rule.--In the case of a student borrower not
participating in loan repayment pursuant to this section who
returns to an institution of higher education after graduation
from an institution of higher education for the purpose of
obtaining a degree described in subsection (c)(1)(A), the
Secretary is authorized to assume the obligation to repay the
total amount of loans made under this part or part D incurred
for a maximum of 2 academic years in returning to an
institution of higher education for the purpose of obtaining
such a degree. Such loans shall only be repaid for borrowers
who qualify for loan repayment pursuant to the provisions of
this section, and shall be repaid in accordance with the
provisions of paragraph (1).
``(5) Ineligibility of national service award recipients.--
No student borrower may, for the same service, receive a
benefit under both this section and subtitle D of title I of
the National and Community Service Act of 1990 (42 U.S.C. 12601
et seq.).
``(e) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of loans which are subject to repayment pursuant
to this section for such year.
``(f) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(2) Conditions.--An eligible individual may apply for
loan repayment under this section after completing each year of
qualifying employment. The borrower shall receive forbearance
while engaged in qualifying employment unless the borrower is
in deferment while so engaged.
``(g) Evaluation.--
``(1) In general.--The Secretary shall conduct, by grant or
contract, an independent national evaluation of the impact of
the demonstration program assisted under this section on the
field of child welfare services.
``(2) Competitive basis.--The grant or contract described
in paragraph (1) shall be awarded on a competitive basis.
``(3) Contents.--The evaluation described in this
subsection shall determine--
``(A) whether the loan forgiveness program has
increased child welfare workers' education in the areas
covered by loan forgiveness;
``(B) whether the loan forgiveness program has
contributed to increased time on the job for child
welfare workers as measured by--
``(i) the length of time child welfare
workers receiving loan forgiveness have worked
in the child welfare field; and
``(ii) the length of time such workers
continue to work in such field after the
workers meet the requirements for loan
forgiveness under this section; and
``(C) whether the loan forgiveness program has
increased the experience and the quality of child
welfare workers and has contributed to increased
performance in the outcomes of child welfare services
in terms of child well-being, permanency, and safety,
as determined after consultation with the Secretary of
Health and Human Services.
``(4) Interim and final evaluation reports.--The Secretary
shall prepare and submit to the President and Congress such
interim reports regarding the evaluation described in this
subsection as the Secretary determines appropriate, and shall
prepare and so submit a final report regarding the evaluation
by September 30, 2005.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2006, and such sums as may be necessary for each of the 4 succeeding
fiscal years.''. | Amends the Higher Education Act of 1965 to authorize the Secretary of Education to carry out a demonstration program of student loan forgiveness for child welfare workers employed by child protection agencies. | To provide loan forgiveness to social workers who work for child protective agencies. |
SECTION 1. HONESTY IN SWEEPSTAKES ACT OF 1999.
(a) Short Title.--This Act may be cited as the ``Honesty in
Sweepstakes Act of 1999''.
(b) Unmailable Matter.--Section 3001 of title 39, United States
Code, is amended by--
(1) redesignating subsections (j) and (k) as subsections
(l) and (m), respectively; and
(2) inserting after subsection (i) the following:
``(j)(1) Matter otherwise legally acceptable in the mails that--
``(A) constitutes a solicitation or offer in connection
with the sales promotion for a product or service (including
any sweepstakes) that includes the chance or opportunity to win
anything of value; and
``(B) contains words or symbols that suggest that--
``(i) the recipient has or will receive anything of
value if that recipient has in fact not won that thing
of value; or
``(ii) the recipient is likely to receive anything
of value if statistically the recipient is not likely
to receive anything of value,
shall not be carried or delivered by mail, and may be disposed of as
the Postal Service directs, unless such matter bears the notice
described in paragraph (2).
``(2)(A) The notice referred to in paragraph (1) is the following
notice:
``(i) `This is a game of chance (or sweepstakes, if
applicable). You have not automatically won. Your chances of
winning are (inserting corresponding mathematical probability
for each prize shown). No purchase is required either to win a
prize or enhance your chances of winning a prize.', or a notice
to the same effect in words which the Postal Service may
prescribe; or
``(ii) a standardized Postal Service designed warning label
to the same effect as the Postal Service may prescribe.
``(B) The notice described in subparagraph (A) shall be in
conspicuous and legible type in contrast by typography, layout, or
color with other printing on its face, in accordance with regulations
that the Postal Service shall prescribe and be prominently displayed on
the first page of the enclosed printed material and on any other pages
enclosed.
``(C) If the matter described in paragraph (1) is an envelope, the
face of the envelope shall bear the notice described in subparagraph
(A).
``(D) If the matter described in paragraph (1) is an order entry
device, the face of the order entry device shall bear the following
notice:
`` `This is a game of chance (or sweepstakes, if
applicable). No purchase is required either to win a prize or
enhance your chances of winning a prize.', or a notice to the
same effect in words which the Postal Service may prescribe.
``(k) Matter otherwise legally acceptable in the mails that
constitutes a solicitation or offer in connection with the sales
promotion for a product or service that uses any matter resembling a
negotiable instrument shall not be carried or delivered by mail, and
may be disposed of as the Postal Service directs, unless such matter
bears on the face of the negotiable instrument in conspicuous and
legible type in contrast by typography, layout, or color with other
printing on its face, in accordance with regulations which the Postal
Service shall prescribe the following notice: `This is not a check (or
negotiable instrument). This has no cash value.', or a notice to the
same effect in words which the Postal Service may prescribe.''.
(c) Technical Amendment.--Section 3005(a) of title 39, United
States Code, is amended by--
(1) striking ``or'' after ``(h),'' both places it appears;
and
(2) inserting ``, (j), or (k)'' after ``(i)''.
(d) Penalties.--
(1) In general.--Section 3012 of title 39, United States
Code, is amended--
(A) by redesignating subsections (b), (c), and (d), as
subsections (c), (d), and (e), respectively;
(B) by inserting after subsection (a) the following:
``(b) Any person who, through use of the mail, sends any matter
which is nonmailable under sections 3001 (a) through (k), 3014, or 3015
of this title, shall be liable to the United States for a civil penalty
in accordance with regulations the Postal Service shall prescribe. The
civil penalty shall not exceed $50,000 for each mailing of less than
50,000 pieces; $100,000 for each mailing of 50,000 to 100,000 pieces;
with an additional $10,000 for each additional 10,000 pieces above
100,000, not to exceed $2,000,000.'';
(C) in subsection (c)(1) and (2), as redesignated, by
inserting after ``of subsection (a)'' the following: ``or
subsection (b),''; and
(D) in subsection (d), as redesignated, by striking
``Treasury of the United States'' and inserting ``Postal
Service Fund established by section 2003 of this title''.
(2) Allocation of Funds.--It is the sense of Congress that civil
penalties collected through the enforcement of the amendment made by
paragraph (1) should be allocated by the Postal Service to increase
consumer awareness of misleading solicitations received through the
mail, including releasing an annual listing of the top 10 offenders of
the Honesty in Sweepstakes Act of 1999.
(e) No Preemption.--Nothing in this Act shall preempt any State law
that regulates advertising or sales promotions or goods and services
that includes the chance or opportunity to win anything of value. | Honesty in Sweepstakes Act of 1999 - Amends Federal postal law to prohibit, unless specified notices in a specified font are printed on the envelope, enclosed material, or face of the order entry device, delivery of any mail constituting a solicitation, offer, or sweepstakes in connection with a sales promotion for a product or service: (1) that includes the chance or opportunity to win anything of value if such mail contains words or symbols that suggest that the recipient has received or will receive anything of value if the recipient has in fact not won that thing of value; (2) that states that the recipient is likely to receive anything of value if statistically the recipient is not likely to receive anything of value; or (3) resembling a negotiable instrument.
Prescribes civil penalties for any person who, through the use of the mail, sends any matter which is nonmailable under Federal postal law. Deposits such penalties into the Postal Service Fund (currently, the Treasury).
Expresses the sense of the Congress that civil penalties collected through the enforcement of this Act should be allocated by the Postal Service to increase consumer awareness of misleading solicitations received through the mail, including releasing an annual listing of the top ten offenders of this Act.
States that nothing in this Act shall preempt any State law that regulates advertising or sales of goods and services associated with any game of chance. | Honesty in Sweepstakes Act of 1999 |
SECTION 1. DENIAL OF ACCELERATED DEPRECIATION FOR ELECTRIC GENERATING
FACILITIES HAVING EXCESS PROFITS.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
(relating to accelerated cost recovery system) is amended by adding at
the end the following new subsection:
``(k) Denial of Accelerated Depreciation for Certain Electric
Generating Facilities.--
``(1) In general.--If there are excess profits with respect
to an electric generating facility for any taxable year--
``(A) the depreciation deduction provided by
section 167(a) for such taxable year with respect to
any property which is part of such facility shall be
determined under the alternative depreciation system of
subsection (g) (as if such system applied to such
property for all previous taxable years), and
``(B) any previously allowed accelerated benefits
with respect to any such property shall be recaptured
by including the amount of such benefits in the gross
income of the taxpayer for such taxable year.
``(2) Excess profits.--There are excess profits with
respect to an electric generating facility for any taxable year
if the facility has a pretax rate of return for such taxable
year in excess of 15 percent.
``(3) Pretax rate of return.--The pretax rate of return for
any taxable year with respect to any electric generating
facility is the percentage obtained by dividing--
``(A) the taxpayer's net income from such facility
for such taxable year, by
``(B) the average of the taxpayer's net investment
in the facility as of the beginning of each month in
the taxable year.
``(4) Net investment.--The net investment in any facility
is the excess of the aggregate adjusted bases of the property
which is part of such facility over the taxpayer's indebtedness
allocable to such facility. For purposes of the preceding
sentence, indebtedness that is incurred to construct, improve,
or acquire property, and that is secured by an interest in such
property shall be allocated to such property. All other
indebtedness of the taxpayer shall be allocated among the items
of property held by the taxpayer based on their respective
adjusted bases.
``(5) Net income.--
``(A) In general.--The net income of the taxpayer
from the operation of an electric generating facility
is the excess of--
``(i) gross income from the sale of
electricity produced at such facility, over
``(ii) the deductions allowable by this
subtitle which are directly allocable to the
operations of such facility.
``(B) Sales to related persons.--If a sale of
electricity is to a related person (within the meaning
of section 482), the sale shall be treated for purposes
of this paragraph as being made at the price at which
the electricity is first sold to a person who is not a
related person (as so defined), minus transmission
costs.
``(C) Determination adjusted basis, etc.--For
purposes of this paragraph and paragraph (4), adjusted
bases and depreciation deductions shall be determined
as if the alternative system of subsection (g) applied
to the facility for all taxable years and only interest
on indebtedness allocable to the facility shall be
taken into account.
``(6) Previously allowed accelerated benefits.--The
previously allowed accelerated benefits with respect to
property are the excess of--
``(A) depreciation deduction allowable under
section 167(a) with respect to such property for all
prior taxable years, over
``(B) the amount that would have been so allowable
if such deductions had been determined under the
alternative depreciation system of subsection (g) for
all prior taxable years.
``(7) Treatment of recaptured amount.--The adjusted basis
of any property with respect to which there is an amount
included in gross income under paragraph (1)(B) shall be
increased by the amount so included.
``(8) Exemptions for facilities using renewable energy.--
This subsection shall not apply to any facility producing
electricity from renewable sources. For purposes of the
preceding sentence, renewable sources are wind, sun, or water
power.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2000. | Amends the Internal Revenue Code to deny accelerated depreciation and recapture previously permitted accelerated benefits for electric generating facilities with excess profits (pretax rate of return in excess of 15 percent for the taxable year). | To amend the Internal Revenue Code of 1986 to deny accelerated depreciation for electric generating facilities having excess profits in order to prevent taxpayers operating such facilities from having both excess profits and tax incentives. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Trading on Congressional
Knowledge Act''.
SEC. 2. NONPUBLIC INFORMATION RELATING TO CONGRESS.
(a) Securities Transactions.--Section 10 of the Securities Exchange
Act of 1934 is amended by adding at the end the following:
``(c) Nonpublic Information Relating to Congress.--Not later than
270 days after the date of enactment of this subsection, the Commission
shall by rule prohibit any person from buying or selling the securities
of any issuer while such person is in possession of material nonpublic
information, as defined by the Commission, relating to any pending or
prospective legislative action relating to such issuer if--
``(1) such information was obtained by reason of such
person being a Member or employee of Congress; or
``(2) such information was obtained from a Member or
employee of Congress, and such person knows that the
information was so obtained.
``(d) Nonpublic Information Relating to Other Federal Employees.--
``(1) Rulemaking.--Not later than 270 days after the date
of enactment of this subsection, the Commission shall by rule
prohibit any person from buying or selling the securities of
any issuer while such person is in possession of material
nonpublic information derived from Federal employment and
relating to such issuer if--
``(A) such information was obtained by reason of
such person being an employee of an agency, as such
term is defined in section 551(1) of title 5, United
States Code; or
``(B) such information was obtained from such an
employee, and such person knows that the information
was so obtained.
``(2) Material nonpublic information.--For purposes of this
subsection, the term `material nonpublic information' means any
information that an employee of an agency (as such term is
defined in section 551(1) of title 5, United States Code) gains
by reason of Federal employment and that such employee knows or
should know has not been made available to the general public,
including information that--
``(A) is routinely exempt from disclosure under
section 552 of title 5, United States Code, or
otherwise protected from disclosure by statute,
Executive order, or regulation;
``(B) is designated as confidential by an agency;
or
``(C) has not actually been disseminated to the
general public and is not authorized to be made
available to the public on request.''.
(b) Commodities Transactions.--Section 4c of the Commodities
Exchange Act (7 U.S.C. 6c) is amended by adding at the end the
following:
``(h) Nonpublic Information Relating to Congress.--Not later than
270 days after the date of enactment of this subsection, the Commission
shall by rule prohibit any person from buying or selling any commodity
for future delivery while such person is in possession of material
nonpublic information, as defined by the Commission, relating to any
pending or prospective legislative action relating to such commodity
if--
``(1) such information was obtained by reason of such
person being a Member or employee of Congress; or
``(2) such information was obtained from a Member or
employee of Congress, and such person knows that the
information was so obtained.
``(i) Nonpublic Information Relating to Other Federal Employees.--
``(1) Rulemaking.--Not later than 270 days after the date
of enactment of this subsection, the Commission shall by rule
prohibit any person from buying or selling any commodity for
future delivery while such person is in possession of material
nonpublic information derived from Federal employment and
relating to such commodity if--
``(A) such information was obtained by reason of
such person being an employee of an agency, as such
term is defined in section 551(1) of title 5, United
States Code; or
``(B) such information was obtained from such an
employee, and such person knows that the information
was so obtained.
``(2) Material nonpublic information.--For purposes of this
subsection, the term `material nonpublic information' means any
information that an employee of an agency (as such term is
defined in section 551(1) of title 5, United States Code) gains
by reason of Federal employment and that such employee knows or
should know has not been made available to the general public,
including information that--
``(A) is routinely exempt from disclosure under
section 552 of title 5, United States Code, or
otherwise protected from disclosure by statute,
Executive order, or regulation;
``(B) is designated as confidential by an agency;
or
``(C) has not actually been disseminated to the
general public and is not authorized to be made
available to the public on request.''.
SEC. 3. AMENDMENT TO THE RULES OF THE HOUSE OF REPRESENTATIVES
REGARDING SECURITIES TRADING BASED ON NONPUBLIC
INFORMATION.
Rule XXIII (known as the ``Code of Official Conduct'') of the Rules
of the House of Representatives is amended by redesignating clause 18
as clause 19 and by inserting after clause 17 the following new clause:
``18. A Member, Delegate, Resident Commissioner, officer,
or employee of the House shall not--
``(a) disclose material nonpublic information
relating to any pending or prospective legislative
action relating to any publicly-traded company if that
Member, Delegate, Resident Commissioner, officer, or
employee has reason to believe that the information
will be used to buy or sell the securities of such
publicly-traded company based on such information; or
``(b) disclose material nonpublic information
relating to any pending or prospective legislative
action relating to any commodity if that Member,
Delegate, Resident Commissioner, officer, or employee
has reason to believe that the information will be used
to buy or sell such commodity for future delivery based
on such information.''.
SEC. 4. TIMELY REPORTING OF SECURITIES TRANSACTIONS.
(a) Amendment.--Section 103 of the Ethics in Government Act of 1978
is amended by adding at the end the following subsection:
``(l) Within 90 days after the purchase, sale, or exchange of any
stocks, bonds, commodities futures, or other forms of securities that
are otherwise required to be reported under this Act and the
transaction of which involves at least $1000 by any Member of Congress
or officer or employee of the legislative branch required to so file,
that Member, officer, or employee shall file a report of that
transaction with the Clerk of the House of Representatives in the case
of a Representative in Congress, a Delegate to Congress, or the
Resident Commissioner from Puerto Rico, or with the Secretary of the
Senate in the case of a Senator.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to transactions occurring on or after the date that is 90 days
after the date of the enactment of this Act.
SEC. 5. REGISTRATION OF POLITICAL INTELLIGENCE FIRMS.
(a) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602) is amended--
(1) in paragraph (2)--
(A) by inserting after ``lobbying activities'' both
places such term appears the following: ``or political
intelligence activities''; and
(B) by inserting after ``lobbyists'' the following:
``or political intelligence consultants''; and
(2) by adding at the end the following new paragraphs:
``(17) Political intelligence activities.--The term
`political intelligence activities' means political
intelligence contacts and efforts in support of such contacts,
including preparation and planning activities, research and
other background work that is intended, at the time it is
performed, for use in contacts, and coordination with the
political intelligence activities of others.
``(18) Political intelligence contact.--
``(A) Definition.--The term `political intelligence
contact' means any oral or written communication
(including an electronic communication) to or from a
covered executive branch official or a covered
legislative branch official, the information derived
from which is intended for use in analyzing securities
or commodities markets, that is made on behalf of a
client with regard to--
``(i) the formulation, modification, or
adoption of Federal legislation (including
legislative proposals);
``(ii) the formulation, modification, or
adoption of a Federal rule, regulation,
Executive order, or any other program, policy,
or position of the United States Government; or
``(iii) the administration or execution of
a Federal program or policy (including the
negotiation, award, or administration of a
Federal contract, grant, loan, permit, or
license).
``(B) Exception.--The term `political intelligence
contact' does not include a communication that is made
by or to a representative of a media organization if
the purpose of the communication is gathering and
disseminating news and information to the public.
``(19) Political intelligence firm.--The term `political
intelligence firm' means a person or entity that has 1 or more
employees who are political intelligence consultants to a
client other than that person or entity.
``(20) Political intelligence consultant.--The term
`political intelligence consultant' means any individual who is
employed or retained by a client for financial or other
compensation for services that include one or more political
intelligence contacts.''.
(b) Registration Requirement.--Section 4 of that Act (2 U.S.C.
1603) is amended--
(1) in subsection (a)(1)--
(A) by inserting after ``whichever is earlier,''
the following: ``or a political intelligence consultant
first makes a political intelligence contact,''; and
(B) by inserting after ``such lobbyist'' both
places such term appears the following: ``or
consultant'';
(2) in subsection (a)(2), by inserting after ``lobbyists''
both places such term appears the following: ``or
consultants'';
(3) in subsection (a)(3)(A)--
(A) by inserting after ``lobbying activities'' each
place such term appears the following: ``and political
intelligence activities''; and
(B) in clause (i), by inserting after ``lobbying
firm'' the following: ``or political intelligence
firm'';
(4) in subsection (b)(3), by inserting after ``lobbying
activities'' both places such term appears the following: ``or
political intelligence activities'';
(5) in subsection (b)(4), by inserting after ``lobbying
activities'' the following: ``or political intelligence
activities'';
(6) in subsection (b)(4)(C), by inserting after ``lobbying
activity'' the following: ``or political intelligence
activity'';
(7) in subsection (b)(5), by inserting after ``lobbying
activities'' both places such term appears the following: ``or
political intelligence activities'';
(8) in subsection (b)(6), by inserting after ``lobbyist''
both places such term appears the following: ``or political
intelligence consultant'';
(9) in subsection (c)(1), by inserting after ``lobbying
contacts'' the following: ``or political intelligence
contacts'';
(10) in subsection (c)(2)--
(A) by inserting after ``lobbying contact'' the
following: ``or political intelligence contact''; and
(B) by inserting after ``lobbying contacts'' the
following: ``and political intelligence contacts''; and
(11) in subsection (d)(1), by inserting after ``lobbying
activities'' both places such term appears the following: ``or
political intelligence activities''.
(c) Reports by Registered Political Intelligence Consultants.--
Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is
amended--
(1) in subsection (a), by inserting after ``lobbying
activities'' the following: ``and political intelligence
activities'';
(2) in subsection (b)(2)--
(A) in the matter preceding subparagraph (A), by
inserting after ``lobbying activities'' the following:
``or political intelligence activities'';
(B) in subparagraph (A)--
(i) by inserting after ``lobbyist'' the
following: ``or political intelligence
consultant''; and
(ii) by inserting after ``lobbying
activities'' the following: ``or political
intelligence activities'';
(C) in subparagraph (B), by inserting after
``lobbyists'' the following: ``or political
intelligence consultants''; and
(D) in subparagraph (C), by inserting after
``lobbyists'' the following: ``or political
intelligence consultants'';
(3) in subsection (b)(3)--
(A) by inserting after ``lobbying firm'' the
following: ``or political intelligence firm''; and
(B) by inserting after ``lobbying activities'' both
places such term appears the following: ``or political
intelligence activities''; and
(4) in subsection (b)(4), by inserting after ``lobbying
activities'' both places such term appears the following: ``or
political intelligence activities''.
(d) Disclosure and Enforcement.--Section 6 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1605) is amended--
(1) in paragraph (3)(A), by inserting after ``lobbying
firms'' the following: ``, political intelligence consultants,
political intelligence firms,'';
(2) in paragraph (7), by inserting after ``lobbying firm''
the following: ``, or political intelligence consultant or
political intelligence firm,''; and
(3) in paragraph (8), by inserting after ``lobbying firm''
the following: ``, or political intelligence consultant or
political intelligence firm,''.
(e) Rules of Construction.--Section 8 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1607) is amended in subsection (b) by inserting
after ``lobbying contacts'' the following: ``, or political
intelligence activities or political intelligence contacts,''. | Stop Trading on Congressional Knowledge Act - Amends the Securities Exchange Act of 1934 and the Commodities Exchange Act to direct both the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) to prohibit purchase or sale of either securities or commodities for future delivery by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained: (1) knowingly from a Member or employee of Congress; (2) by reason of being a Member or employee of Congress; and (3) other federal employees.
Amends the Code of Official Conduct of the Rules of the House of Representatives to prohibit designated House personnel from disclosing material nonpublic information relating to any pending or prospective legislative action relating to either securities of a publicly-traded company or a commodity if such personnel has reason to believe that the information will be used to buy or sell the securities or commodity based on such information.
Amends the Ethics in Government Act of 1978 to require formal disclosure of certain securities and commodities futures transactions to either the Clerk of the House of Representatives or the Secretary of the Senate.
Amends the Lobbying Disclosure Act of 1995 to subject to its registration, reporting, and disclosure requirements political intelligence activities, contacts, firms, and consultants. | To prohibit securities and commodities trading based on nonpublic information relating to Congress, and to require additional reporting by Members and employees of Congress of securities transaction, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Our Local Communities Act
of 2007''.
SEC. 2. CERTAIN KILLINGS BY ILLEGAL ALIENS.
(a) In General.--Chapter 51 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1123. Certain killings by illegal aliens
``Whoever, being an alien who is unlawfully present in the United
States, commits manslaughter while under the influence of alcohol and
while operating a motor vehicle, which has been shipped, transported or
traveled in or affecting interstate or foreign commerce, shall be
subject to a fine under this title and imprisoned not less than 5 nor
more than 40 years.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 51 of title 18, United States Code, is amended by adding at the
end the following new item:
``1123. Certain killings by illegal aliens.''.
SEC. 3. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS.
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)
is amended--
(1) in the section heading, by inserting ``unlawful
presence;'' after ``improper time or place;'';
(2) in subsection (a)--
(A) by striking ``Any alien'' and inserting
``Except as provided in subsection (b), any alien'';
(B) by striking ``or'' before (3); and
(C) by inserting after ``concealment of a material
fact,'' the following: ``or (4) is otherwise present in
the United States in violation of the immigration laws
or the regulations prescribed thereunder,''.
SEC. 4. INSTITUTIONAL REMOVAL PROGRAM (IRP).
(a) Continuation and Expansion.--
(1) In general.--The Department of Homeland Security shall
continue to operate and implement the program known as the
Institutional Removal Program (IRP) which--
(A) identifies removable criminal aliens in Federal
and State correctional facilities;
(B) ensures such aliens are not released into the
community; and
(C) removes such aliens from the United States
after the completion of their sentences.
(2) Expansion.--The institutional removal program shall be
extended to all States. Any State that receives Federal funds
for the incarceration of criminal aliens shall--
(A) cooperate with officials of the institutional
removal program;
(B) expeditiously and systematically identify
criminal aliens in its prison and jail populations; and
(C) promptly convey such information to officials
of such program as a condition for receiving such
funds.
(b) Authorization for Detention After Completion of State or Local
Prison Sentence.--Law enforcement officers of a State or political
subdivision of a State have the authority to--
(1) hold an illegal alien for a period of up to 14 days
after the alien has completed the alien's State prison sentence
in order to effectuate the transfer of the alien to Federal
custody when the alien is removable or not lawfully present in
the United States; or
(2) issue a detainer that would allow aliens who have
served a State prison sentence to be detained by the State
prison until personnel from United States Immigration and
Customs Enforcement takes the alien into custody, as required
by law.
(c) Technology Usage.--Technology such as video conferencing shall
be used to the maximum extent possible in order to make the
Institutional Removal Program (IRP) available in remote locations.
Mobile access to Federal databases of aliens, such as IDENT, and live
scan technology shall be used to the maximum extent practicable in
order to make these resources available to State and local law
enforcement agencies in remote locations.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the institutional removal program--
(1) $100,000,000 for fiscal year 2008;
(2) $115,000,000 for fiscal year 2009;
(3) $130,000,000 for fiscal year 2010;
(4) $145,000,000 for fiscal year 2011; and
(5) $160,000,000 for fiscal year 2012.
SEC. 5. TRAINING OF STATE AND LOCAL PERSONNEL PERFORMING IMMIGRATION
FUNCTIONS.
(a) Authorization of Appropriations.--
(1) In general.--To carry out paragraph (2), there are
authorized to be appropriated $40,000,000 for fiscal year 2008,
to remain available until September 30, 2009.
(2) Use of funds.--From amounts made available under
paragraph (1), the Secretary of Homeland Security may reimburse
a State or political subdivision for the expenses described in
paragraph (4).
(3) Eligible recipients.--A State, or a political
subdivision of a State, is eligible for reimbursement under
paragraph (2) if the State or political subdivision--
(A) has entered into a written agreement described
in section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) under which certain officers or
employees of the State or subdivision may be authorized
to perform certain functions of an immigration officer;
and
(B) desires such officers or employees to receive
training from the Department of Homeland Security in
relation to such functions.
(4) Expenses.--The expenses described in this subsection
are actual and necessary expenses incurred by the State or
political subdivision in order to permit the training described
in paragraph (3)(B) to take place, including expenses such as
the following:
(A) Costs of travel and transportation to locations
where training is provided, including mileage and
related allowances for the use of a privately owned
automobile.
(B) Subsistence consisting of lodging, meals, and
other necessary expenses for the personal sustenance
and comfort of a person required to travel away from
the person's regular post of duty in order to
participate in the training.
(C) A per diem allowance paid instead of actual
expenses for subsistence and fees or tips to porters
and stewards.
(D) Costs of securing temporary replacements for
personnel traveling to, and participating in, the
training.
(b) Clarification.--Nothing in this Act or any other provision of
law shall be construed as making any immigration-related training a
requirement for, or prerequisite to, any State or local law enforcement
officer exercising that officer's inherent authority to assist in the
apprehension, arrest, detention, or transfer to Federal custody of
illegal aliens during the normal course of carrying out their law
enforcement duties.
(c) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to the Congress a report describing the usefulness and
effectiveness of the program under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)).
(2) Contents.--The report under paragraph (1) shall address
the following:
(A) The number of States and political subdivisions
of States participating in such program.
(B) The number of States and political subdivisions
of States that have engaged in discussions with the
Department of Homeland Security regarding such program.
(C) A description of how useful and effective the
program is, including data on apprehensions of aliens
who are unlawfully present in the United States.
(D) A description of any hardships faced by States
and political subdivisions as participants of the
program.
(E) A description of the steps the Secretary of
Homeland Security is taking, and any plan the Secretary
has formulated, to encourage the participation of
States and political subdivisions in such program. | Empowering Our Local Communities Act of 2007 - Amends the federal criminal code to impose a minimum mandatory prison term of five years and a maximum term of 40 years on any illegal alien who commits manslaughter while operating a motor vehicle under the influence of alcohol.
Amends the Immigration and Nationality Act to impose criminal penalties on individuals present in the United States in violation of immigration laws.
Requires the Department of Homeland Security to continue to operate and implement the Institutional Removal Program for the identification and removal from the United States of criminal aliens. Requires such program to be extended to all states. Authorizes states to detain criminal aliens after the completion of their prison sentences to effectuate their transfer to federal custody.
Authorizes appropriations for the training of state and local government officers or employees to perform certain functions of a federal immigration officer. | To amend title 18, United States Code, to provide Federal penalties for certain killings by illegal aliens, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Competition Act of 1999''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102(2) of title 49, United States
Code.
(2) Aircraft.--The term ``aircraft'' has the meaning given
that term in section 40102(6) of title 49, United States Code.
(3) Airport.--The term ``airport'' has the meaning given
that term in section 40102(9) of title 49, United States Code.
(4) Attorney general.--The term ``Attorney General'' means
the Attorney General of the United States.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. PREFERENCE FOR LOW-COMPETITION AIRPORTS.
(a) Definitions.--Section 41714(h) of title 49, United States Code,
is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Large hub airport.--The term `large hub airport'
means an airport described in section 47134(d)(2).
``(4) Low-competition airport.--The term `low-competition
airport' means an airport that--
``(A) is not a large hub airport; and
``(B) the Secretary determines has substantially--
``(i) less service than the average service
at airports in the United States; or
``(ii) higher airfares than average
airfares for airports in the United States.''.
(b) Preference.--Section 41714(c)(1) of title 49, United States
Code, is amended by adding at the end the following: ``In granting
exemptions under this paragraph, the Secretary shall give preference to
air transportation provided to low-competition airports that are
located within a 500-mile radius of a high density airport.''.
SEC. 4. UNFAIR COMPETITION.
(a) Guidelines.--Not later than 30 days after the date of enactment
of this Act, the Secretary, in consultation with the Attorney General,
shall issue regulations that define predatory practices and unfair
methods of competition of air carriers for the purposes of applying
this Act to complaints of predatory practices or unfair methods of
competition filed under section 41712 of title 49, United States Code,
or any other applicable provision of law.
(b) Determinations Regarding Actions Filed.--
(1) Actions filed before the date of enactment of this
act.--Not later than 9 months after the date of enactment of
this Act, the Secretary shall complete action on any complaint
alleging a predatory practice or unfair method of competition
by an air carrier that was filed with the Secretary under
section 41712 of title 49, United States Code, or any other
applicable provision of law before the date of enactment of
this Act.
(2) Actions filed on or after the date of enactment of this
act.--
(A) In general.--Not later than 90 days after a
complaint alleging a predatory practice or unfair
method of competition by an air carrier is filed with
the Secretary under section 41712 of title 49, United
States Code, or any other applicable provision of law,
the Secretary shall make an initial finding concerning
whether the practice that is the subject of the
complaint constitutes a predatory practice or unfair
method of competition.
(B) Applicability.--Subparagraph (A) shall apply to
a complaint filed with the Secretary on or after the
date of enactment of this Act.
(c) Restraining Orders.--
(1) In general.--In a manner consistent with section 41712
or any other applicable provision of law, the Secretary shall
enjoin, pending final determination, any action of an air
carrier that the Secretary finds to be a predatory practice or
unfair method of competition under subsection (b).
(2) Period for taking action.--The Secretary shall carry
out the requirements of paragraph (1) not later than 15 days
after an initial finding is made with respect to a complaint
under subsection (b) (or if the initial finding is made before
the date of enactment of this Act, not later than 15 days after
the date of enactment of this Act).
SEC. 5. LIMITS ON COMPETITION IN AVIATION INDUSTRY.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary shall transmit to Congress a report
concerning barriers to entry, predatory practices (including pricing),
and other limits on competition in the aviation industry.
SEC. 6. PROVISIONS TO PREVENT INCREASED AIRCRAFT NOISE.
(a) Secretarial Authority Under This Act.--Nothing in this Act or
the amendments made by this Act shall authorize the Secretary to take
any action that would increase aircraft noise in any community in the
vicinity of an airport.
(b) Stage 4 Noise Levels.--
(1) Proposed regulations.--Section 47523 of title 49,
United States Code, is amended by adding at the end the
following:
``(c) Stage 4 Noise Levels.--
``(1) Proposed regulations.--Not later than 1 year after
the date of enactment of the Airline Competition Act of 1999,
the Secretary shall issue proposed regulations that--
``(A) establish, in a manner consistent with this
chapter, stage 4 noise levels applicable to aircraft
designated by the Secretary as stage 4 aircraft; and
``(B) provide for the implementation of the stage 4
noise level requirements by the date that is 36 months
after the date of issuance of the proposed regulations.
``(2) Criteria for noise levels.--The stage 4 noise levels
established under this subsection shall--
``(A) provide for a significant reduction in the
level of noise generated by aircraft; and
``(B) be consistent with the noise levels
attainable through the use of the most effective noise
control technology available for stage 3 aircraft (as
that term is used under section 47524(c)), as of
January 1, 1999.''.
(2) Legislative proposals.--At the same time as the
Secretary issues proposed regulations under section 47523(c) of
title 49, United States Code, as added by paragraph (1) of this
subsection, the Secretary shall submit to Congress such
proposed legislation (including amendments to chapter 475 of
title 49, United States Code) as is necessary to ensure the
implementation of stage 4 noise levels (as that term is used in
such section 47523(c)).
SEC. 7. CLARIFICATION OF LEGAL STANDING.
Section 41713(b) of title 49, United States Code, is amended by
adding at the end the following:
``(5) This subsection shall not bar any cause of action brought
against an air carrier by 1 or more private parties seeking to enforce
any right under the common law of any State or under any State statute,
other than a statute purporting to directly prescribe fares, routes, or
levels of air transportation service.''. | Airline Competition Act of 1999 - Amends Federal aviation law to make eligible large hub airports and low-competition airports for slots (takeoff and landing authority) for air carriers providing essential air service at such airports. Directs the Secretary of Transportation to give preference in granting an exemption from certain requirements limiting takeoffs and landings at high density airports to air transportation provided to low-competition airports that are located within a 500-mile radius of a high density airport.
(Sec. 4) Directs the Secretary to issue regulations that define predatory practices and unfair methods of competition of air carriers for purposes of applying this Act to complaints of such practices under section 41712 of title 49, United States Code, or any other applicable provision of law. Directs the Secretary to: (1) after a complaint alleging a predatory practice or unfair method of competition by an air carrier is filed on or after enactment of this Act with the Secretary under section 41712 of title 49, United States Code, or any other applicable provision of law, make an initial finding of whether such practice that is the subject of the complaint constitutes a predatory practice or unfair method of competition; and (2) complete action on such complaints filed with the Secretary before enactment of this Act.
(Sec. 5) Directs the Secretary to report annually to Congress concerning barriers to entry, predatory practices (including pricing), and other limits on competition in the aviation industry.
(Sec. 6) Declares that nothing in this Act shall authorize the Secretary to take action that would increase aircraft noise in any community in the vicinity of an airport.
Directs the Secretary to issue proposed regulations that establish and implement stage 4 noise levels which provide for the significant reduction in the noise level of, and which are consistent with levels attainable through the use of the most effective noise control technology available for stage 3 aircraft as of January 1, 1999, for, stage 4 aircraft.
(Sec. 7) Amends Federal aviation law provisions prohibiting State regulation of air prices, routes, and services to declare that such provisions shall not bar a cause of action brought against an air carrier by one or more private parties seeking to enforce any right under the common law of any State or State statute other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service. | Airline Competition Act of 1999 |
SECTION 1. PURPOSE.
The purpose of this Act is to make technical corrections to the
United States Code relating to cross references, typographical errors,
and stylistic matters.
SEC. 2. TITLE 10, UNITED STATES CODE.
In section 2701(i)(1) of title 10, United States Code, in the
paragraph catchline, strike ``miller act'' and substitute ``sections
3131 and 3133 of title 40''.
SEC. 3. TITLE 23, UNITED STATES CODE.
Title 23, United States Code, is amended as follows:
(1) In section 107(a), strike ``the Act of February 26, 1931,
46 Stat. 1421'' and substitute ``sections 3114 to 3116 and 3118 of
title 40''.
(2) In section 210(e), strike ``the Act of February 26, 1931;
46 Stat. 1421'' and substitute ``sections 3114 to 3116 and 3118 of
title 40''.
SEC. 4. TITLE 28, UNITED STATES CODE.
Title 28, United States Code, is amended as follows:
(1) In the analysis for chapter 91, in the item related to
section 1499, strike ``Contract Work Hours and Safety Standards
Act'' and substitute ``chapter 37 of title 40''.
(2) In section 1499, in the section heading, strike ``Contract
Work Hours and Safety Standards Act'' and substitute ``chapter 37
of title 40''.
SEC. 5. TITLE 36, UNITED STATES CODE.
Title 36, United States Code, is amended as follows:
(1) In the analysis for chapter 5, after the item related to
section 509, insert the following:
``510. Disclosure of and prohibition on certain donations''.
(2) In the analysis for chapter 5, in the last item, which is
related to ``Authorization of appropriations'', strike ``510'' and
substitute ``511''.
(3) In the analysis for chapter 23, in the item related to
section 2306, strike ``museum'' and substitute ``Museum''.
(4) In section 2301, in the first sentence, strike ``United
State Government'' and substitute ``United States Government''.
(5) In section 20908(c), strike ``board or directors'' and
substitute ``board of directors''.
(6) In section 40103(13), strike ``laws of the each State'' and
substitute ``laws of each State''.
(7) In section 70912(b), strike ``Corporation'' and substitute
``corporation''.
(8) In section 150511(b), strike ``with secretary'' and
substitute ``with the secretary''.
(9) In section 151303(c), strike ``The Chairman'' and
substitute ``The chairman''.
(10) In section 153513(a)(1), strike ``(16 U.S.C. 1 et seq.),
known as the National Park Service Organic Act))'' and substitute
``(16 U.S.C. 1 et seq.) (known as the National Park Service Organic
Act)''.
(11) In section 220104(a)(2)(B), strike ``State'' and
substitute ``Defense''.
(12) In the analysis for chapter 2205, in the item related to
section 220501, strike ``Definitions.'' and substitute ``Short
title and definitions.''.
(13) In section 220501, in the section heading, strike ``Title
and Definitions'' and substitute ``Short title and definitions''.
(14) In section 220501(a), in the subsection catchline, strike
``Title'' and substitute ``Short title''.
(15) In section 220505(b)(9), strike ``this Act'' and
substitute ``this chapter''.
(16) In section 220506(d)(3)(A), strike ``subsections'' and
substitute ``subsection''.
(17) In section 220509(b)(1)(A), strike ``a'' before
``paralympic sports organizations''.
(18) In section 220511, in the section heading, strike ``Annual
report'' and substitute ``Report''.
(19) In section 220512, strike ``Corporation'' and substitute
``corporation''.
(20) In section 220521(a), strike ``subsections'' and
substitute ``subsection''.
SEC. 6. TITLE 40, UNITED STATES CODE.
Title 40, United States Code, is amended as follows:
(1) In section 522(a), strike ``of this section''.
(2) In section 522(b), in the subsection catchline, strike
``At'' and substitute ``at''.
(3) In section 552(a), strike ``(a) Authority To Take Property
Administrator'' and substitute ``(a) Authority To Take Property.--
The Administrator''.
(4) In section 554(c), in the subsection catchline, strike
``Transportation.'' and substitute ``Transportation.--''.
(5) In section 581(b), strike ``The Administrator may--'' and
substitute ``The Administrator of General Services
may--''.
(6) In section 593(b), strike ``available to the
Administration'' and substitute ``available to the General Services
Administration''.
(7) In section 611--
(A) after ``under section 1343, 1344, or 1349(b)'', insert
``of title 31''; and
(B) after ``under section 641'', insert ``of title 18''.
(8) In section 3131(e), in the subsection catchline, strike
``to'' and substitute ``To''.
(9) In section 3133(b), in the subsection catchline, strike
``to'' and substitute ``To''.
(10) In section 3133(c), strike ``(c) A waiver'' and substitute
``(c) Waiver of right to civil action.--A waiver''.
(11) In section 3141(1), strike ``1494'' and substitute
``1494)''.
(12) In section 3142(d), after ``amount referred to in section
3141(2)(B)'', insert ``of this title''.
(13) In section 3142(e), after ``determined under section
3141(2)(B)'', insert ``of this title''.
(14) In section 3701(b)(3)(B)--
(A) in the subparagraph catchline, strike ``3902'' and
substitute ``3702'';
(B) strike ``3902'' and substitute ``3702''; and
(C) strike ``subsection (a)(2)(C)'' and substitute
``paragraph (1)(B)(iii)''.
(15) In section 3702(d), in the subsection catchline, strike
``to'' and substitute ``To''.
(16) In section 3704(a)(1), after ``authorized by section
553'', insert ``of title 5''.
(17) In section 3704(a)(2), strike ``of this section''.
(18) In section 6111(b), in the subsection catchline, strike
the second period.
(19) In the analysis for chapter 65, in the first item, which
is related to ``Definition'', strike ``6581'' and substitute
``6501''.
(20) In the analysis for chapter 67, in the item related to
subchapter I, strike ``ASSIGMENT'' and substitute ``ASSIGNMENT''.
(21) In chapter 67, in the heading for subchapter I, strike
``ASSIGMENT'' and substitute ``ASSIGNMENT''.
(22) In section 8104(b), strike ``Commission on Fine Arts'' and
substitute ``Commission of Fine Arts''.
(23) In section 8105, strike ``post-office'' and substitute
``post office''.
(24) In section 8501(b)(1)(A), after ``sections 5101 and
5102'', insert ``of this title''.
(25) In section 8502(a), strike ``5314'' and substitute
``5315''.
(26) In section 8502(c)(2), after ``sections 5101 and 5102'',
insert ``of this title''.
(27) In section 8711(a), after ``sections 5101 and 5102'',
insert ``of this title''.
(28) In section 8712(a)(2), after ``sections 5101 and 5102'',
insert ``of this title''.
(29) In section 8722(d)--
(A) strike ``52 Stat. 802'' and substitute ``52 Stat.
797''; and
(B) strike ``is subject'' and substitute ``are subject''.
(30) In section 9302(b), in the subsection catchline, strike
``with'' and substitute ``With''.
(31) In section 14308(b)(2), strike ``section (a)(2)'' and
substitute ``subsection (a)(2)''.
(32) In section 17504(b), in the subsection catchline, strike
``with'' and substitute ``With''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Makes technical corrections to provisions of Titles 10 (Armed Forces), 23 (Highways), 28 (Judiciary and Judicial Procedure), 36 (Patriotic and National Observances, Ceremonies and Organizations), and 40 (Public Buildings, Property, and Works) of the United States Code. | To make technical corrections to the United States Code. |
SECTION 1. EXCISE TAX ON SELF-DEALING IN CERTAIN ASSETS OF TAX-EXEMPT
MEDICAL SERVICE ORGANIZATIONS.
(a) In General.--Chapter 42 of the Internal Revenue Code of 1986
(relating to private foundations and certain other tax-exempt
organizations) is amended by redesignating subchapter D as subchapter E
and by inserting after subchapter C the following new subchapter:
``Subchapter D--Self-Dealing in Certain Assets of Tax-Exempt Medical
Service Organizations
``Sec. 4958. Tax on self-dealing in
certain assets of tax-exempt
medical service organizations.
``SEC. 4958. TAX ON SELF-DEALING IN CERTAIN ASSETS OF TAX-EXEMPT
MEDICAL SERVICE ORGANIZATIONS.
``(a) Initial Taxes.--
``(1) On self-dealer.--There is hereby imposed a tax on
each self-dealing asset transaction between a disqualified
person and a medical service organization. The rate of tax
shall be equal to 5 percent of the amount involved with respect
to such transaction for each year (or part thereof) in the
taxable period. The tax imposed by this paragraph shall be paid
by any disqualified person (other than an organization manager
acting only as such) who participates in such transaction.
``(2) On organization manager.--In any case in which a tax
is imposed by paragraph (1), there is hereby imposed on the
participation of any organization manager in any self-dealing
asset transaction between a disqualified person and a medical
service organization, knowing that it is such a transaction, a
tax equal to 2.5 percent of the amount involved with respect to
such transaction for each year (or part thereof) in the taxable
period, unless such participation is not willful and is due to
reasonable cause. The tax imposed by this paragraph shall be
paid by any organization manager who participated in the self-
dealing asset transaction.
``(b) Additional Taxes.--
``(1) On self-dealer.--In any case in which an initial tax
is imposed by subsection (a)(1) on a self-dealing asset
transaction by a disqualified person with a medical service
organization and such transaction is not corrected within the
taxable period, there is hereby imposed a tax equal to 200
percent of the amount involved. The tax imposed by this
paragraph shall be paid by any disqualified person (other than
an organization manager acting only as such) who participated
in such transaction.
``(2) On organization manager.--In any case in which an
additional tax is imposed by paragraph (1), if an organization
manager refused to agree to part or all of the correction,
there is hereby imposed a tax equal to 50 percent of the amount
involved. The tax imposed by this paragraph shall be paid by
any organization manager who refused to agree to part or all of
the correction.
``(c) Joint and Several Liability.--If more than one person is
liable under any paragraph of subsection (a) or (b) with respect to any
one self-dealing asset transaction, all such persons shall be jointly
and severally liable under such paragraph with respect to such
transaction.
``(d) Self-Dealing Asset Transaction.--For purposes of this
section--
``(1) In general.--The term `self-dealing asset
transaction' means any direct or indirect sale or exchange, or
leasing, of any medical asset to any disqualified person.
``(2) Exception.--Such term shall not include any
transaction if it is established to the satisfaction of the
Secretary that--
``(A) such transaction is at arm's length and for
fair market value, and
``(B) such transaction does not involve (and is not
part of a series of transactions involving) the
disposition of any medical activity (or of a
substantial portion of any medical activity).
``(3) Controlled entities.--In the case of any 50-percent
controlled entity (other than an entity exempt from tax under
section 501(a)) of a medical service organization--
``(A) if there is a disposition of any medical
asset by such entity, such organization shall be
treated as disposing of such asset to the extent of
such organization's proportionate share of such entity,
and
``(B) any disposition of an interest referred to in
subsection (f)(2) in such entity shall be treated as a
disposition of such organization's proportionate share
of the medical assets of such entity.
For purposes of the preceding sentence, the term `proportionate
share' means the percentage of the interests referred to in
subsection (f)(2) in such entity which are held by such
organization.
``(e) Disqualified Person; Organization Manager.--For purposes of
this section--
``(1) Disqualified person.--The term `disqualified person'
means--
``(A) any organization manager,
``(B) any person who performs substantial
professional medical services for the medical service
organization pursuant to an employment or other
contractual relationship with such organization,
``(C) any member of a family (as defined in section
4946(d)) of any individual described in subparagraph
(A) or (B), and
``(D) any 35-percent controlled entity of persons
described in subparagraph (A), (B), or (C).
``(2) Organization manager.--The term `organization
manager' means, with respect to a medical service organization,
any officer, director, or trustee of such organization (or any
individual having powers or responsibilities similar to those
of officers, directors, or trustees of the organization).
``(f) Medical Service Organization; Medical Activity; Medical
Asset.--For purposes of this section--
``(1) Medical service organization.--The term `medical
service organization' means any organization which (without
regard to any self-dealing asset transaction) would be
described in section 501(c)(3) and exempt from tax under
section 501(a) if such organization (either directly or through
any 50-percent controlled entity of such organization) engages
in a medical activity.
``(2) Medical activity.--The term `medical activity' means
any activity of providing medical or hospital care or medical
education or medical research.
``(3) Medical asset.--The term `medical asset' means any
tangible or intangible asset used in a medical activity.
``(g) Controlled Entities.--For purposes of this section--
``(1) 35-percent controlled entity.--The term `35-percent
controlled entity' means--
``(A) a corporation in which persons described in
subparagraph (A), (B), or (C) of subsection (e)(1) own
more than 35 percent of the combined voting power,
``(B) a partnership in which such persons own more
than 35 percent of the profits interest, and
``(C) a trust or estate in which such persons own
more than 35 percent of the beneficial interest.
``(2) 50-percent controlled entity.--The term `50-percent
controlled entity' means any corporation, partnership, or trust
in which a medical service organization owns more than 50
percent of the combined voting power, profits interest, or
beneficial interest, as the case may be.
``(3) Constructive ownership rules.--Rules similar to the
rules of paragraphs (3) and (4) of section 4946(a) shall apply
for purposes of this subsection.
``(h) Other Definitions.--For purposes of this section--
``(1) Taxable period.--The term `taxable period' means,
with respect to any self-dealing asset transaction, the period
beginning with the date on which the transaction occurs and
ending on the earliest of--
``(A) the date of mailing a notice of deficiency
under section 6212 with respect to the tax imposed by
subsection (a)(1),
``(B) the date on which the tax imposed by
subsection (a)(1) is assessed, or
``(C) the date on which correction of the self-
dealing asset transaction is corrected.
``(2) Amount involved.--The term `amount involved' means,
with respect to any self-dealing asset transaction, the amount
of money and fair market value of other property transferred by
the medical service organization in the transaction (or in the
case of a lease, the fair market value of the leased property).
For purposes of the preceding sentence--
``(A) in the case of the taxes imposed by
subsection (a), fair market value shall be determined
as of the date of which the transaction occurs, and
``(B) in the case of the taxes imposed by
subsection (b), fair market value shall be the highest
fair market value during the taxable period.
``(3) Correction.--The terms `correction' and `correct'
mean, with respect to any self-dealing asset transaction,
undoing the transaction to the extent possible, but in any case
place the medical service organization in a financial position
not worse than that in which it would be if the disqualified
person were dealing under the highest fiduciary standards.''
(b) Technical and Conforming Amendments.--
(1) Subsections (a), (b), and (c) of section 4963 of such
Code are each amended by inserting ``4958,'' after ``4955,''.
(2) Subsection (b) of section 4962 of such Code is amended
by inserting before the period ``and shall not include the tax
imposed by section 4958(a) (relating to initial tax on self-
dealing asset transactions)''.
(3) Subsection (e) of section 6213 of such Code is amended
by inserting ``4958 (relating to self-dealing in certain assets
of tax-exempt medical service organizations),'' before
``4971''.
(4) The table of subchapters for chapter 42 of such Code is
amended by striking the last item and inserting the following:
``Subchapter D. Self-dealing in certain
assets of tax-exempt medical
service organizations.
``Subchapter E. Abatement of first and
second tier taxes in certain
cases.''
(c) Effective Date.--The amendments made by this section shall
apply to transactions occurring after November 26, 1991. | Amends the Internal Revenue Code to impose an excise tax on self-dealing asset transactions between a disqualified person and a medical service organization. Describes such a transaction as any direct or indirect sale or exchange, or leasing, of any medical asset to: (1) any organization manager; (2) any person who performs substantial professional medical services for the organization pursuant to an employment or other contractual arrangement; (3) any family member of such persons; or (4) any 35-percent controlled entity of such persons. | To amend the Internal Revenue Code of 1986 to impose an excise tax on certain sales of assets of medical service organizations to managers, etc. of such organization. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wakefield Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) There are 31,000,000 child and adolescent visits to the
Nation's emergency departments every year.
(2) Over 90 percent of children requiring emergency care
are seen in general hospitals, not in free-standing children's
hospitals, with one-quarter to one-third of the patients being
children in the typical general hospital emergency department.
(3) Severe asthma and respiratory distress are the most
common emergencies for pediatric patients, representing nearly
one-third of all hospitalizations among children under the age
of 15 years, while seizures, shock, and airway obstruction are
other common pediatric emergencies, followed by cardiac arrest
and severe trauma.
(4) Up to 20 percent of children needing emergency care
have underlying medical conditions such as asthma, diabetes,
sickle-cell disease, low birth weight, and bronchopulmonary
dysplasia.
(5) Significant gaps remain in emergency medical care
delivered to children. Only about 6 percent of hospitals have
available all the pediatric supplies deemed essential by the
American Academy of Pediatrics and the American College of
Emergency Physicians for managing pediatric emergencies, while
about half of hospitals have at least 85 percent of those
supplies.
(6) Providers must be educated and trained to manage
children's unique physical and psychological needs in emergency
situations, and emergency systems must be equipped with the
resources needed to care for this especially vulnerable
population.
(7) Systems of care must be continually maintained,
updated, and improved to ensure that research is translated
into practice, best practices are adopted, training is current,
and standards and protocols are appropriate.
(8) The Emergency Medical Services for Children (EMSC)
Program under section 1910 of the Public Health Service Act (42
U.S.C. 300w-9) is the only Federal program that focuses
specifically on improving the pediatric components of emergency
medical care.
(9) The EMSC Program promotes the nationwide exchange of
pediatric emergency medical care knowledge and collaboration by
those with an interest in such care and is depended upon by
Federal agencies and national organizations to ensure that this
exchange of knowledge and collaboration takes place.
(10) The EMSC Program also supports a multi-institutional
network for research in pediatric emergency medicine, thus
allowing providers to rely on evidence rather than anecdotal
experience when treating ill or injured children.
(11) The Institute of Medicine stated in its 2006 report,
``Emergency Care for Children: Growing Pains'', that the EMSC
Program ``boasts many accomplishments . . . and the work of the
program continues to be relevant and vital''.
(12) The EMSC Program is celebrating its 25th anniversary,
marking a quarter-century of driving key improvements in
emergency medical services to children, and should continue its
mission to reduce child and youth morbidity and mortality by
supporting improvements in the quality of all emergency medical
and emergency surgical care children receive.
(b) Purpose.--It is the purpose of this Act to reduce child and
youth morbidity and mortality by supporting improvements in the quality
of all emergency medical care children receive.
SEC. 3. REAUTHORIZATION OF EMERGENCY MEDICAL SERVICES FOR CHILDREN
PROGRAM.
Section 1910 of the Public Health Service Act (42 U.S.C. 300w-9) is
amended--
(1) in subsection (a), by striking ``3-year period (with an
optional 4th year'' and inserting ``4-year period (with an
optional 5th year'';
(2) in subsection (d)--
(A) by striking ``and such sums'' and inserting
``such sums''; and
(B) by inserting before the period the following:
``, $25,000,000 for fiscal year 2010, $26,250,000 for
fiscal year 2011, $27,562,500 for fiscal year 2012,
$28,940,625 for fiscal year 2013, and $30,387,656 for
fiscal year 2014'';
(3) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(4) by inserting after subsection (a) the following:
``(b)(1) The purpose of the program established under this section
is to reduce child and youth morbidity and mortality by supporting
improvements in the quality of all emergency medical care children
receive, through the promotion of projects focused on the expansion and
improvement of such services, including those in rural areas and those
for children with special health care needs. In carrying out this
purpose, the Secretary shall support emergency medical services for
children by supporting projects that--
``(A) develop and present scientific evidence;
``(B) promote existing and innovative technologies
appropriate for the care of children; or
``(C) provide information on health outcomes and
effectiveness and cost-effectiveness.
``(2) The program established under this section shall--
``(A) strive to enhance the pediatric capability of
emergency medical service systems originally designed primarily
for adults; and
``(B) in order to avoid duplication and ensure that Federal
resources are used efficiently and effectively, be coordinated
with all research, evaluations, and awards related to emergency
medical services
for children undertaken and supported by the Federal
Government.''.
Passed the House of Representatives March 30, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Wakefield Act - Amends the Public Health Service Act to extend by one year the length of time for which a grant may be awarded under the emergency medical services for children grant program, which allows the Secretary of Health and Human Services to make grants to states or schools of medicine to support projects to expand and improve emergency medical services for children who need treatment for trauma or critical care. Reauthorizes appropriations for such grant program for FY2010-FY2014.
Sets forth as the purpose of the program the reduction of child and youth morbidity and mortality by supporting improvements in the quality of all emergency medical care children receive.
Requires the Secretary to support emergency medical services for children by supporting projects that: (1) develop and present scientific evidence; (2) promote existing innovative technologies appropriate for the care of children; and (3) provide information on health outcomes and effectiveness and cost-effectiveness.
Directs that such program: (1) strive to enhance the pediatric capability of emergency medical service systems; and (2) be coordinated with all research, evaluations, and awards undertaken by the federal government related to emergency medical services for children. | To amend the Public Health Service Act to provide a means for continued improvement in emergency medical services for children. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Non-Citizen
Enforcement Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Continued increase in full-time border patrol agents.
Sec. 3. Powers of State officers and employees.
Sec. 4. Listing on NCIC of aliens ordered removed in absentia.
Sec. 5. Penalties for aliens unlawfully present in the United States.
Sec. 6. State Criminal Alien Assistance Program (SCAAP).
Sec. 7. Increased penalties for certain crimes by illegal aliens.
Sec. 8. Increased penalties for smuggling previously deported aliens.
SEC. 2. CONTINUED INCREASE IN NUMBER OF FULL-TIME BORDER PATROL AGENTS.
Section 5202 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) is amended by adding at the end the
following: ``The Secretary of Homeland Security shall continue to
increase by not less than 2,000 the number of positions for full-time
active-duty border patrol agents in each fiscal year after fiscal year
2010, until the Secretary certifies to the Congress effective control
of the border through the Secure Border Initiative has been achieved.
Such certification shall include a description of following:
``(1) The recruitment incentives being implemented for
Border Patrol agents.
``(2) The plan, including payment of bonuses, being
implemented for retention of Border Patrol agents.
``(3) The methodology used in determining that effective
control of the border has been achieved.''.
SEC. 3. POWERS OF STATE OFFICERS AND EMPLOYEES.
Section 287(a) of the Immigration and Nationality Act (8 U.S.C.
1357(a)) is amended by adding at the end the following:
``Notwithstanding subsection (g), and in addition to other authority
under law, an officer or employee of a State, or any political
subdivision of a State, shall have the authority, and is directed, to
arrest any alien unlawfully present in the United States who has been
ordered removed in absentia. Such State or political subdivision shall
coordinate with the Secretary of Homeland Security the transportation
and detention of aliens so arrested.''.
SEC. 4. LISTING ON NCIC OF ALIENS ORDERED REMOVED IN ABSENTIA.
Section 240(b)(5)(A) of the Immigration and Nationality Act (8
U.S.C. 1229a(b)(4)(A)) is amended by adding at the end the following:
``In the case of an alien who is ordered removed in absentia under this
subparagraph, if a motion to reopen the order is not filed within the
180-day period beginning on the date the order is issued, the Secretary
of Homeland Security, through Immigration and Customs Enforcement,
shall provide at the end of such period for the posting of the name of
the alien on the Absconder Category of the National Criminal
Information Center database.''.
SEC. 5. PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.
(a) In General.--Section 275 of the Immigration and Nationality Act
(8 U.S.C. 1325)is amended--
(1) in the heading, by inserting ``unlawful presence''
after ``improper time or place;''; and
(2) in subsection (a)--
(A) by striking ``Any alien'' and inserting
``Except as provided in subsection (b), any alien'';
(B) by striking ``or'' before ``(3)''; and
(C) by inserting after ``concealment of a material
fact,'' the following: ``or (4) is otherwise present in
the United States in violation of the immigration laws
or the regulations prescribed thereunder''.
(b) Clerical Amendment.--The item in the table of contents of such
Act relating to section 275 is amended by inserting ``unlawful
presence'' after ``improper time or place;''.
SEC. 6. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).
(a) Increase in Authorized Funding.--Paragraph (5)(C) of section
241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is
amended by striking ``$950,000,000'' and inserting ``$1,500,000,000''.
(b) Clarification of Use of Funds for Transportation and Related
Costs.--Paragraph (6) of such section is amended by inserting ``,
including for transportation and related costs'' after ``for
correctional purposes''.
SEC. 7. INCREASED PENALTIES FOR CERTAIN CRIMES BY ILLEGAL ALIENS.
(a) Possession of Firearms.--Section 924(a)(2) of title 18, United
States Code, is amended by adding at the end the following: ``If the
person described in section 922(g) is an alien who is not lawfully in
this country and the offense is an offense under section 922(g), then
the maximum term of imprisonment that may be imposed for that offense
is 20 years.''.
(b) Distribution of Controlled Substances and Related Offenses.--
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844) is
amended by adding at the end the following: ``If the offense under this
section is committed by an alien who is not lawfully in this country,
the maximum term of imprisonment that may be imposed for the offense is
twice the maximum otherwise provided by this section.''.
SEC. 8. INCREASED PENALTIES FOR SMUGGLING PREVIOUSLY DEPORTED ALIENS.
Section 274(a)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)(B)) is amended by inserting, ``, but if the alien
with respect to whom the violation occurs has a criminal conviction as
recorded in the National Crime Information Center, the maximum term of
imprisonment is 20 years'' after ``or both''. | Non-Citizen Enforcement Act of 2007 - Directs the Secretary of Homeland Security to increase the number of Border Patrol agents by at least 2,000 in each post-FY2010 fiscal year year until effective control of the border has been achieved through the Secure Border Initiative.
Empowers state or local officers and employees to arrest an alien unlawfully present in the United States who has been ordered removed in abstentia. Provides for such aliens' listing on the absconder category of the national criminal information center database.
Increases funding for the state criminal alien assistance program (SCAAP).
Subject an individual unlawfully present in the United States to criminal penalties.
Increases penalties for firearms possession and controlled substance distribution violations by aliens unlawfully present in the United States.
Provides a 20-year maximum penalty for smuggling into the United States an alien previously deported on criminal conviction grounds. | To amend various laws imposing criminal penalties to double the maximum penalty for illegal aliens who commit those crimes, and for other purposes. |
SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH
ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) Good health is important to every citizen of the world
and access to the highest standards of health information and
services is necessary to improve the public health.
(2) Direct and unobstructed participation in international
health cooperation forums and programs is beneficial for all
parts of the world, especially today with the great potential
for the cross-border spread of various infectious diseases such
as the human immunodeficiency virus (HIV), tuberculosis, and
malaria.
(3) Taiwan's population of 23,500,000 people is greater
than that of \3/4\ of the member states already in the World
Health Organization (WHO).
(4) Taiwan's achievements in the field of health are
substantial, including--
(A) attaining--
(i) 1 of the highest life expectancy levels
in Asia; and
(ii) maternal and infant mortality rates
comparable to those of western countries;
(B) eradicating such infectious diseases as
cholera, smallpox, the plague, and polio; and
(C) providing children with hepatitis B
vaccinations.
(5) The United States Centers for Disease Control and
Prevention and its counterpart agencies in Taiwan have enjoyed
close collaboration on a wide range of public health issues.
(6) In recent years Taiwan has expressed a willingness to
assist financially and technically in international aid and
health activities supported by the WHO.
(7) On January 14, 2001, an earthquake, registering between
7.6 and 7.9 on the Richter scale, struck El Salvador. In
response, the Taiwanese Government sent 2 rescue teams,
consisting of 90 individuals specializing in firefighting,
medicine, and civil engineering. The Taiwanese Ministry of
Foreign Affairs also donated $200,000 in relief aid to the
Salvadoran Government.
(8) The World Health Assembly has allowed observers to
participate in the activities of the organization, including
the Palestine Liberation Organization in 1974, the Order of
Malta, and the Holy See in the early 1950's.
(9) The United States, in the 1994 Taiwan Policy Review,
declared its intention to support Taiwan's participation in
appropriate international organizations.
(10) Public Law 106-137 required the Secretary of State to
submit a report to Congress on efforts by the executive branch
to support Taiwan's participation in international
organizations, in particular the WHO.
(11) In light of all benefits that Taiwan's participation
in the WHO can bring to the state of health not only in Taiwan,
but also regionally and globally, Taiwan and its 23,500,000
people should have appropriate and meaningful participation in
the WHO.
(12) On May 11, 2001, President Bush stated in a letter to
Senator Murkowski that the United States ``should find
opportunities for Taiwan's voice to be heard in international
organizations in order to make a contribution, even if
membership is not possible'', further stating that the
administration ``has focused on finding concrete ways for
Taiwan to benefit and contribute to the WHO''.
(13) In his speech made in the World Medical Association on
May 14, 2002, Secretary of Health and Human Services Tommy
Thompson announced ``America's work for a healthy world cuts
across political lines. That is why my government supports
Taiwan's efforts to gain observership status at the World
Health Assembly. We know this is a controversial issue, but we
do not shrink from taking a public stance on it. The people of
Taiwan deserve the same level of public health as citizens of
every nation on earth, and we support them in their efforts to
achieve it''.
(14) The Government of the Republic of China on Taiwan, in
response to an appeal from the United Nations and the United
States for resources to control the spread of HIV/AIDS, donated
$1,000,000 to the Global Fund to Fight AIDS, Tuberculosis, and
Malaria in December 2002.
(15) In 2003, the outbreak of Severe Acute Respiratory
Syndrome (SARS) caused 84 deaths in Taiwan.
(16) Avian influenza, commonly known as bird flu, has
reemerged in Asia, with strains of the influenza reported by
the People's Republic of China, Cambodia, Indonesia, Japan,
Pakistan, South Korea, Taiwan, Thailand, Vietnam, and Laos.
(17) The SARS and avian influenza outbreaks illustrate that
disease knows no boundaries and emphasize the importance of
allowing all people access to the WHO.
(18) As the pace of globalization quickens and the spread
of infectious disease accelerates, it is crucial that all
people, including the people of Taiwan, be given the
opportunity to participate in international health
organizations such as the WHO.
(19) The Secretary of Health and Human Services
acknowledged during the 2003 World Health Assembly meeting that
``[t]he need for effective public health exists among all
peoples''.
(b) Plan.--The Secretary of State is authorized to--
(1) initiate a United States plan to endorse and obtain
observer status for Taiwan at the annual week-long summit of
the World Health Assembly each year in Geneva, Switzerland;
(2) instruct the United States delegation to the World
Health Assembly in Geneva to implement that plan; and
(3) introduce a resolution in support of observer status
for Taiwan at the summit of the World Health Assembly.
(c) Report Concerning Observer Status for Taiwan at the Summit of
the World Health Assembly.--Not later than 30 days after the date of
the enactment of this Act, and not later than April 1 of each year
thereafter, the Secretary of State shall submit a report to the
Congress, in unclassified form, describing the United States plan to
endorse and obtain observer status for Taiwan at the annual week-long
summit of the World Health Assembly (WHA) held by the World Health
Organization (WHO) in May of each year in Geneva, Switzerland. Each
report shall include the following:
(1) An account of the efforts the Secretary of State has
made, following the last meeting of the World Health Assembly,
to encourage WHO member states to promote Taiwan's bid to
obtain observer status.
(2) The steps the Secretary of State will take to endorse
and obtain observer status at the next annual meeting of the
World Health Assembly in Geneva, Switzerland.
Passed the House of Representatives April 21, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Authorizes the Secretary of State to: (1) initiate, and instruct the U.S. delegation to implement, a plan to endorse and obtain observer status for Taiwan at the annual World Health Assembly summit in Geneva, Switzerland; and (2) introduce a resolution in support of observer status for Taiwan at such summit.
Directs the Secretary to report annually on U.S. efforts to obtain observer status for Taiwan at the World Health Assembly held yearly by the World Health Organization (WHO). | To address the participation of Taiwan in the World Health Organization. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors' Health Care Restoration Act
of 2000''.
SEC. 2. INCREASED PAYMENT FOR AREAS WITH TWO OR FEWER MEDICARE+CHOICE
CONTRACTS.
Section 1853 of the Social Security Act (42 U.S.C. 1395w-23) is
amended--
(1) in subsection (a)(1)(A), by striking ``and (i)'' and
inserting ``(i), and (j)''; and
(2) by adding at the end the following new subsection:
``(j) Increased Payment for Areas With 2 or Fewer Medicare+Choice
Contracts.--For months during 2002 and 2003, in the case of a
Medicare+Choice payment area in which there is no more than two
contracts entered into under this part as of July 1 before the
beginning of the year involved, the amount of the monthly payment
otherwise made under this section (taking into account, if applicable,
subsection (i)) shall be increased by \1/2\ percentage point of the
total monthly payment otherwise computed for such payment area.''.
SEC. 3. INCREASE IN MINIMUM PERCENTAGE UPDATE.
Section 1853(c)(1)(C)(ii) of the Social Security Act (42 U.S.C.
1395w-23(c)(1)(C)(ii)) is amended by inserting ``(or 104 percent in the
case of 2001, 2002, and 2003)'' after ``102 percent''.
SEC. 4. TRANSITION TO REVISED MEDICARE+CHOICE PAYMENT RATES.
(a) Announcement of Revised Medicare+Choice Payment Rates.--Within
2 weeks after the date of the enactment of this Act, the Secretary of
Health and Human Services shall determine, and shall announce (in a
manner intended to provide notice to interested parties)
Medicare+Choice capitation rates under section 1853 of the Social
Security Act (42 U.S.C. 1395w-23) for 2001, revised in accordance with
the provisions of this Act.
(b) Reentry Into Program Permitted for Medicare+Choice Programs in
2000.--A Medicare+Choice organization that provided notice to the
Secretary of Health and Human Services as of July 3, 2000, that it was
terminating its contract under part C of title XVIII of the Social
Security Act or was reducing the service area of a Medicare+Choice plan
offered under such part shall be permitted to continue participation
under such part, or to maintain the service area of such plan, for 2001
if it provides the Secretary with the information described in section
1854(a)(1) of the Social Security Act (42 U.S.C. 1395w-24(a)(1)) within
4 weeks after the date of the enactment of this Act.
(c) Revised Submission of Proposed Premiums and Related
Information.--If--
(1) a Medicare+Choice organization provided notice to the
Secretary of Health and Human Services as of July 3, 2000, that
it was renewing its contract under part C of title XVIII of the
Social Security Act for all or part of the service area or
areas served under its current contract, and
(2) any part of the service area or areas addressed in such
notice includes a county for which the Medicare+Choice
capitation rate under section 1853(c) of such Act (42 U.S.C.
1395w-23(c)) for 2001, as determined under subsection (a), is
higher than the rate previously determined for such year,
such organization shall revise its submission of the information
described in section 1854(a)(1) of the Social Security Act (42 U.S.C.
1395w-24(a)(1)), and shall submit such revised information to the
Secretary, within 4 weeks after the date of the enactment of this Act.
SEC. 5. PROVISION OF EMERGENCY OUTPATIENT PRESCRIPTION DRUG COVERAGE
FOR MEDICARE BENEFICIARIES LOSING DRUG COVERAGE UNDER
MEDICARE+CHOICE PLANS.
(a) Temporary Coverage of Outpatient Prescription Drugs for
Medicare Beneficiaries Losing Prescription Drug Coverage Under
Medicare+Choice Plans.--
(1) In general.--The Secretary of Health and Human Services
shall provide for coverage of outpatient prescription drugs to
eligible medicare beneficiaries under this section. The
Secretary shall provide for such coverage by entering into
agreements with eligible organizations to furnish such
coverage.
(2) Term of emergency coverage.--The Secretary shall
provide coverage of outpatient prescription drugs to an
eligible medicare beneficiary under this section for the 24-
month period beginning on the date the eligible medicare
beneficiary loses coverage of outpatient prescription drugs
under the Medicare+Choice plan in which the beneficiary is
enrolled.
(3) Cost-sharing.--With respect to coverage of outpatient
prescription drugs furnished under this section, benefits under
this section shall not begin until the eligible medicare
beneficiary has met a $50 deductible.
(4) Payment.--The Secretary shall provide for payment for
such coverage under this section from the Emergency Reserve
Outpatient Prescription Drug Account established under
subsection (b).
(b) Account for Emergency Outpatient Prescription Drug Benefit in
SMI Trust Fund.--
(1) Establishment.--There is hereby established in the
Federal Supplementary Medical Insurance Trust Fund under
section 1841 of the Social Security Act (42 U.S.C. 1395t) an
expenditure account to be known as the ``Emergency Reserve
Outpatient Prescription Drug Account''.
(2) Crediting of funds.--The Managing Trustee shall credit
to the Emergency Reserve Outpatient Prescription Drug Account
such amounts as may be deposited in the Federal Supplementary
Medical Insurance Trust Fund as follows:
(A) Amounts appropriated to the account.
(B) Amounts equal to the annual outstanding balance
of the Health Care Fraud and Abuse Control Account
under section 1817(k) of the Social Security Act (42
U.S.C. 1395i(k)) at the end of each fiscal year that
the Secretary determines may be made available to the
Emergency Reserve Outpatient Prescription Drug Account.
(3) Use of funds.--Funds credited to the Outpatient
Prescription Drug Account may only be used to pay for
outpatient prescription drugs (and associated administrative
costs) furnished under this section.
(4) Conforming amendment.--Section 1817(k)(3)(C) of such
Act (42 U.S.C. 1395i(k)(3)(C)) is amended--
(A) by striking ``and'' at the end of clause (iv);
(B) by striking the period at the end of clause (v)
and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vi) providing temporary emergency
coverage of outpatient prescription drugs for
eligible beneficiaries under section 5 of the
Seniors' Health Care Restoration Act of
2000.''.
(c) Definitions.--In this section:
(1) Eligible medicare beneficiary.--The term ``eligible
medicare beneficiary'' means an individual--
(A) who is enrolled in a Medicare+Choice plan under
part C of title XVIII of the Social Security Act; and
(B)(i) whose enrollment in such plan is terminated
or may not be renewed or whose service area has been
reduced for the next contract year because the plan has
been terminated or will not be offered in such contract
year; or
(ii) whose coverage of outpatient prescription
drugs under such plan has been terminated,
significantly reduced, or no longer provides for the
coverage of a particular outpatient prescription drug
required.
(2) Covered outpatient drug.--
(A) In general.--Except as provided in subparagraph
(B), the term ``covered outpatient drug'' means any of
the following products:
(i) A drug which may be dispensed only upon
prescription, and--
(I) which is approved for safety
and effectiveness as a prescription
drug under section 505 of the Federal
Food, Drug, and Cosmetic Act;
(II)(aa) which was commercially
used or sold in the United States
before the date of enactment of the
Drug Amendments of 1962 or which is
identical, similar, or related (within
the meaning of section 310.6(b)(1) of
title 21 of the Code of Federal
Regulations) to such a drug, and (bb)
which has not been the subject of a final determination by the
Secretary that it is a ``new drug'' (within the meaning of section
201(p) of the Federal Food, Drug, and Cosmetic Act) or an action
brought by the Secretary under section 301, 302(a), or 304(a) of such
Act to enforce section 502(f) or 505(a) of such Act; or
(III)(aa) which is described in
section 107(c)(3) of the Drug
Amendments of 1962 and for which the
Secretary has determined there is a
compelling justification for its
medical need, or is identical, similar,
or related (within the meaning of
section 310.6(b)(1) of title 21 of the
Code of Federal Regulations) to such a
drug, and (bb) for which the Secretary
has not issued a notice of an
opportunity for a hearing under section
505(e) of the Federal Food, Drug, and
Cosmetic Act on a proposed order of the
Secretary to withdraw approval of an
application for such drug under such
section because the Secretary has
determined that the drug is less than
effective for all conditions of use
prescribed, recommended, or suggested
in its labeling.
(ii) A biological product which--
(I) may only be dispensed upon
prescription;
(II) is licensed under section 351
of the Public Health Service Act; and
(III) is produced at an
establishment licensed under such
section to produce such product.
(iii) Insulin approved under appropriate
Federal law.
(iv) A prescribed drug or biological
product that would meet the requirements of
clause (i) or (ii) but that is available over-
the-counter in addition to being available upon
prescription.
(B) Exclusion.--The term ``covered outpatient
drug'' does not include any product--
(i) except as provided in subparagraph
(A)(iv), which may be distributed to
individuals without a prescription;
(ii) when furnished as part of, or as
incident to, a diagnostic service or any other
item or service for which payment may be made
under title XVIII of the Social Security Act;
or
(iii) that is a therapeutically equivalent
replacement for a product described in clause
(i) or (ii), as determined by the Secretary.
(3) Eligible organization.--The term ``eligible
organization'' means any organization that the Secretary
determines to be appropriate, including--
(A) pharmaceutical benefit management companies;
(B) wholesale and retail pharmacist delivery
systems;
(C) insurers;
(D) other organizations; or
(E) any combination of the entities described in
subparagraphs (A) through (D).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Outlines provisions for a transition to revised Medicare+Choice payment rates.
Directs the Secretary to provide for coverage of outpatient prescription drugs for eligible Medicare beneficiaries.
Establishes in the Federal Supplementary Medical Insurance Trust Fund the Emergency Reserve Outpatient Prescription Drug Account for payment for such coverage. Provides for the crediting of funds to such Account. | Seniors' Health Care Restoration Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Change Technology Deployment
in Developing Countries Act of 2005''.
SEC. 2. CLIMATE CHANGE TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES.
Title VII of the Global Environmental Protection Assistance Act of
1989 (Public Law 101-240; 103 Stat. 2521) is amending by adding at the
end the following:
``PART C--TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES
``SEC. 731. DEFINITIONS.
``In this part:
``(1) Carbon sequestration.--The term `carbon
sequestration' means the capture of carbon dioxide through
terrestrial, geological, biological, or other means, which
prevents the release of carbon dioxide into the atmosphere.
``(2) Greenhouse gas.--The term `greenhouse gas' means
carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
``(3) Greenhouse gas intensity.--The term `greenhouse gas
intensity' means the ratio of greenhouse gas emissions to
economic output.
``SEC. 732. REDUCTION OF GREENHOUSE GAS INTENSITY.
``(a) Lead Agency.--
``(1) In general.--The Department of State shall act as the
lead agency for integrating into United States foreign policy
the goal of reducing greenhouse gas intensity in developing
countries.
``(2) Reports.--
``(A) In general.--Not later than 180 days after
the date of enactment of this part and each year
thereafter, the Secretary of State shall submit to the
appropriate authorizing and appropriating committees of
Congress a report on the 25 developing countries that
are the top energy users, including for each country a
description of--
``(i) the quantity and types of energy
used;
``(ii) the greenhouse gas intensity of the
energy, manufacturing, agricultural, and
transportation sectors;
``(iii) the progress of any projects
undertaken to reduce greenhouse gas intensity;
``(iv) the potential for further projects
to reduce greenhouse gas intensity; and
``(v) obstacles to the further reduction of
greenhouse gas intensity.
``(B) Use.--
``(i) Initial report.--The Secretary of
State shall use the initial report submitted
under subparagraph (A) to establish baselines
for the developing countries with respect to
the information provided under clauses (i) and
(ii) of that subparagraph.
``(ii) Annual reports.--The Secretary of
State shall use the annual reports submitted
under subparagraph (A) to track the progress of
the developing countries with respect to
reducing greenhouse gas intensity.
``(b) Projects.--The Secretary of State, in coordination with
Administrator of the United States Agency for International
Development, shall (directly or through agreements with the World Bank,
the International Monetary Fund, the Overseas Private Investment
Corporation, and other development institutions) provide assistance to
developing countries specifically for projects to reduce greenhouse gas
intensity, including projects to--
``(1) leverage, through bilateral agreements, funds for
reduction of greenhouse gas intensity;
``(2) increase private investment in projects and
activities to reduce greenhouse gas intensity; and
``(3) expedite the deployment of technology to reduce
greenhouse gas intensity.
``(c) Focus.--In carrying out the projects, the Secretary of State
shall focus on--
``(1) promoting the rule of law, property rights, contract
protection, and economic freedom; and
``(2) increasing capacity, infrastructure, and training.
``(d) Priority.--In carrying out the projects, the Secretary of
State shall give priority to projects in the 25 developing countries
identified in the report submitted under subsection (a)(2)(A).
``SEC. 733. TECHNOLOGY INVENTORY FOR DEVELOPING COUNTRIES.
``(a) In General.--The Secretary of State, in coordination with the
Secretary of Energy, shall conduct an inventory of greenhouse gas
intensity reducing technologies that are developed, or under
development, to identify technologies that are suitable for transfer
to, deployment in, and commercialization in the developing countries
identified in the report submitted under section 732(a)(2)(A).
``(b) Report.--Not later than 180 days after the completion of the
inventory under subsection (a), the Secretary of State and the
Secretary of Energy shall jointly submit to Congress a report that--
``(1) includes the results of the completed inventory; and
``(2) identifies obstacles to the deployment of the
technologies studied.
``SEC. 734. TRADE-RELATED BARRIERS TO EXPORT OF GREENHOUSE GAS
INTENSITY REDUCING TECHNOLOGIES.
``Not later than 180 days after the date of enactment of this part,
the United States Trade Representative shall--
``(1) identify trade-related barriers maintained by foreign
countries to the export of greenhouse gas intensity reducing
technologies and practices from the United States; and
``(2) negotiate with the foreign countries for the removal
of those barriers.
``SEC. 735. GREENHOUSE GAS INTENSITY REDUCING TECHNOLOGY EXPORT
INITIATIVE.
``(a) In General.--There is established an interagency working
group to carry out a Greenhouse Gas Intensity Reducing Technology
Export Initiative to--
``(1) promote the export of greenhouse gas intensity
reducing technologies and practices from the United States;
``(2) identify developing countries that should be
designated as priority countries for the purpose of exporting
greenhouse gas intensity reducing technologies and practices,
based on the report submitted under section 732(a)(2)(A);
``(3) identify potential barriers to adoption of exported
greenhouse gas intensity reducing technologies and practices;
and
``(4) identify previous efforts to export energy
technologies to learn best practices.
``(b) Composition.--The working group shall be composed of--
``(1) the Secretary of State, who shall act as the head of
the working group;
``(2) the Administrator of the United States Agency for
International Development;
``(3) the United States Trade Representative;
``(4) a designee of the Secretary of Energy; and
``(5) a designee of the Secretary of Commerce.
``(c) Performance Reviews and Reports.--Not later than 180 days
after the date of enactment of this part and each year thereafter, the
interagency working group shall--
``(1) conduct a performance review of actions taken and
results achieved by the Federal Government (including each of
the agencies represented on the interagency working group) to
promote the export of greenhouse gas intensity reducing
technologies and practices from the United States; and
``(2) submit to the appropriate authorizing and
appropriating committees of Congress a report that describes
the results of the performance reviews and evaluates progress
in promoting the export of greenhouse gas intensity reducing
technologies and practices from the United States, including
any recommendations for increasing the export of the
technologies and practices.
``SEC. 736. TECHNOLOGY STRATEGIC PLAN AND DEMONSTRATION PROJECTS.
``(a) In General.--The Secretary of State, in coordination with the
Secretary of Energy and the Administrator of the United States Agency
for International Development, shall develop a technology strategic
plan, and carry out demonstration projects, to promote the adoption of
technologies and practices that reduce greenhouse gas intensity in
developing countries.
``(b) Demonstration Projects.--
``(1) In general.--The Secretaries and the Administrator
shall plan, coordinate, and carry out demonstration projects
under this section in at least 10 eligible countries, as
determined by the Secretaries and the Administrator.
``(2) Eligibility.--A country shall be eligible for
assistance under this subsection if the Secretaries and the
Administrator determine that the country has demonstrated a
commitment to--
``(A) just and democratic governance, including--
``(i) promoting political pluralism,
equality, and the rule of law;
``(ii) respecting human and civil rights;
``(iii) protecting private property rights;
``(iv) encouraging transparency and
accountability of government; and
``(v) combating corruption; and
``(B) economic freedom, including economic policies
that--
``(i) encourage citizens and firms to
participate in global trade and international
capital markets;
``(ii) promote private sector growth and
the sustainable management of natural
resources;
``(iii) strengthen market forces in the
economy; and
``(iv) respect worker rights.
``(3) Selection.--In determining which eligible countries
to provide funding to under paragraph (1), the Secretaries and
the Administrator shall consider--
``(A) the extent to which the country meets or
exceeds the eligibility criteria;
``(B) the opportunity to reduce greenhouse gas
intensity in the eligible country; and
``(C) the opportunity to generate economic growth
in the eligible country.
``(4) Types of projects.--Demonstration projects under this
section may include--
``(A) coal gasification, coal liquefaction, and
clean coal projects;
``(B) carbon sequestration projects;
``(C) cogeneration technology initiatives;
``(D) renewable projects; and
``(E) lower emission transportation.
``SEC. 737. FELLOWSHIP AND EXCHANGE PROGRAMS.
``The Secretary of State, in coordination with the Secretary of
Energy, the Secretary of Commerce, and the Administrator of the
Environmental Protection Agency, shall carry out fellowship and
exchange programs under which officials from developing countries visit
the United States to acquire expertise and knowledge of best practices
to reduce greenhouse gas intensity in their countries.
``SEC. 738. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this part (other than section 736).
``SEC. 739. EFFECTIVE DATE.
``Except as otherwise provided in this part, this part takes effect
on October 1, 2005.
``SEC. 740. TERMINATION OF AUTHORITY.
``The authority provided by this part terminates effective December
31, 2010.''. | Climate Change Technology Deployment in Developing Countries Act of 2005 - Amends the Global Environmental Protection Assistance Act of 1989 to consider the Department of State as the lead agency for integrating into U.S. foreign policy the goal of reducing greenhouse gas intensity in developing countries.
Directs the Secretary of State to: (1) provide assistance to developing countries to reduce greenhouse gas intensity; (2) inventory greenhouse gas intensity reducing technologies and identify appropriate technologies for developing countries; (3) develop a technology strategic plan and carry out demonstration projects in at least ten countries; and (4) carry out fellowship and exchange programs for officials from developing countries to acquire U.S. expertise in greenhouse gas intensity reduction practices.
Directs the U.S. Trade Representative to seek to eliminate foreign trade barriers to the export of U.S. greenhouse gas intensity reducing technologies and practices.
Establishes an interagency working group to carry out a greenhouse gas intensity reducing technology export initiative.
Terminates programs under this Act as of December 31, 2010. | A bill to direct the Secretary of State to carry out activities that promote the adoption of technologies that reduce greenhouse gas intensity in developing countries, while promoting economic development, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Tax Credit
Accessibility Act''.
SEC. 2. SENSE OF THE CONGRESS.
It is the sense of the Congress that the Obama administration
should work to make the small business health care tax credit under
section 45R of the Internal Revenue Code of 1986 more accessible for
small employers.
SEC. 3. EXPANSION AND MODIFICATION OF CREDIT FOR EMPLOYEE HEALTH
INSURANCE EXPENSES OF SMALL EMPLOYERS.
(a) Expansion of Definition of Eligible Small Employer.--
Subparagraph (A) of section 45R(d)(1) of the Internal Revenue Code of
1986 is amended by striking ``25'' and inserting ``50''.
(b) Amendment to Phaseout Determination.--Subsection (c) of section
45R of the Internal Revenue Code of 1986 is amended to read as follows:
``(c) Phaseout of Credit Amount Based on Number of Employees and
Average Wages.--The amount of the credit determined under subsection
(b) (without regard to this subsection) shall be adjusted (but not
below zero) by multiplying such amount by the product of--
``(1) the lesser of--
``(A) a fraction the numerator of which is the
excess (if any) of 50 over the total number of full-
time equivalent employees of the employer and the
denominator of which is 30, and
``(B) 1, and
``(2) the lesser of--
``(A) a fraction the numerator of which is the
excess (if any) of--
``(i) the dollar amount in effect under
subsection (d)(3)(B) for the taxable year,
multiplied by 2, over
``(ii) the average annual wages of the
employer for such taxable year, and
the denominator of which is the dollar amount so in
effect under subsection (d)(3)(B), and
``(B) 1.''.
(c) Partially Phased Out Credit Allowed for Insurance Outside an
Exchange.--
(1) In general.--Section 45R of the Internal Revenue Code
of 1986 is amended by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively, and by inserting after
subsection (g) the following new subsection:
``(h) Partially Phased Out Credit Allowed for Insurance Outside an
Exchange for 2014.--
``(1) In general.--If an eligible small employer offers to
its employees in a manner other than through an Exchange a
health plan that meets the requirements of paragraph (2), the
following modifications shall apply with respect to a taxable
year beginning in 2014:
``(A) Qualified health plan.--This section and
section 280C(h) shall be applied for such taxable year
by treating such plan as a qualified health plan.
``(B) Reduced credit percentage.--Subsection (b)
shall be applied--
``(i) by substituting `25 percent' for `35
percent',
``(ii) by substituting `35 percent' for `50
percent', and
``(iii) without regard to `through an
Exchange' in paragraph (1) thereof.
``(C) Contribution arrangements.--Subsection (d)(4)
shall be applied without regard to `through an
exchange'.
``(D) Credit period.--
``(i) In general.--The credit under this
section shall be determined without regard to
whether such taxable year is in a credit
period.
``(ii) Year taken into account as portion
of credit period in subsequent years.--For
purposes of applying this section to taxable
years beginning after 2014 in which the
employer offers a qualified health plan
(without regard to subparagraph (A)) to its
employees through an Exchange, subsection
(e)(2) shall be applied by substituting `2-
consecutive-taxable' for `3-consecutive-
taxable'.
``(2) Requirements.--A health plan meets the requirements
of this paragraph if such plan--
``(A) provides the essential health benefits
package described in section 1302(a) of the Patient
Protection and Affordable Care Act, and
``(B) is offered by a health insurance issuer
that--
``(i) is licensed and in good standing to
offer health insurance coverage in each State
in which such issuer offers health insurance
coverage, and
``(ii) if such issuer offers health plans
through an Exchange, agrees to charge the same
premium rate for each qualified health plan of
the issuer without regard to whether the plan
is offered through an Exchange or whether the
plan is offered directly from the issuer or
through an agent.''.
(2) Conforming amendment.--Section 6055(b)(2)(C) of such
Code is amended by striking ``Exchange'' and inserting
``Exchange (or a plan with respect to which a credit is allowed
under section 45R by reason of subsection (h) thereof)''.
(d) Extension of Credit Period.--Paragraph (2) of section 45R(e) of
the Internal Revenue Code of 1986 is amended by striking ``2-
consecutive-taxable'' and inserting ``3-consecutive-taxable''.
(e) Average Annual Wage Limitation.--Subparagraph (B) of section
45R(d)(3) of the Internal Revenue Code of 1986 is amended to read as
follows:
``(B) Dollar amount.--For purposes of paragraph
(1)(B) and subsection (c)(2), the dollar amount in
effect under this paragraph is the amount equal to 110
percent of the poverty line (within the meaning of
section 36B(d)(3)) for a family of 4.''.
(f) Elimination of Uniform Percentage Contribution Requirement.--
Paragraph (4) of section 45R(d) of the Internal Revenue Code of 1986 is
amended by striking ``a uniform percentage (not less than 50 percent)''
and inserting ``at least 50 percent''.
(g) Elimination of Cap Relating to Average Local Premiums.--
Subsection (b) of section 45R of the Internal Revenue Code of 1986 is
amended by striking ``the lesser of'' and all that follows and
inserting ``the aggregate amount of nonelective contributions the
employer made on behalf of its employees during the taxable year under
the arrangement described in subsection (d)(4) for premiums for
qualified health plans offered by the employer to its employees through
an Exchange.''.
(h) Credit Availability for Family Members in Certain Cases.--
Clause (iv) of section 45R(e)(1)(A) of the Internal Revenue Code of
1986 is amended to read as follows:
``(iv) any individual who is a spouse or
dependent (within the meaning of section 152)
of an individual described in clause (i), (ii),
or (iii).''.
(i) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2013. | Small Business Tax Credit Accessibility Act - Expresses the sense of Congress that the Obama Administration should work to make the small employer health care insurance tax credit more accessible for small employers. Amends the Internal Revenue Code, with respect to the small employer health care insurance tax credit, to: (1) revise the definition of "eligible small employer" to mean an employer with not more than 50 (currently, 25) full-time employees; (2) modify the phaseout formula for such credit to base such phaseout on number of employees and average annual wages; (3) allow a 35% credit in 2014 to small employers who purchase health care coverage outside of the Small Business Health Option Program (SHOP exchange); (4) extend from two to three consecutive taxable years the period during which an employer may claim such credit; (5) eliminate the requirement that employers contribute the same percentage of cost of each employee's health insurance and the cap limiting eligible employer contributions to average premiums paid to a state health insurance exchange; and (6) make such credit available to dependents of a small employer. | Small Business Tax Credit Accessibility Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ARPA-ED'' Act.
SEC. 2. ESTABLISHMENT OF THE ADVANCED RESEARCH PROJECT AGENCY-
EDUCATION.
(a) Program Established.--From the amounts appropriated for section
14007 of division A of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5), the Secretary of Education may reserve up to
30 percent to--
(1) establish and carry out the Advanced Research Projects
Agency-Education (in this Act referred to as ``ARPA-ED'') to--
(A) identify and promote advances in learning,
fundamental and applied sciences, and engineering that
may be translated into new learning technologies;
(B) develop, test, and evaluate new learning
technologies and related processes; and
(C) accelerate transformational technological
advances in education;
(2) convene an advisory panel under subsection (d); and
(3) carry out the evaluation and dissemination requirements
under subsection (e).
(b) Appointments.--
(1) Director.--ARPA-ED shall be under the direction of the
Director of ARPA-ED, who shall be appointed by the Secretary.
(2) Qualified individuals.--The Secretary shall appoint,
for a term of not more than 4 years, qualified individuals who
represent scientific, engineering, professional, and other
personnel with expertise in carrying out the activities
described in this section to positions in ARPA-ED, at rates of
compensation determined by the Secretary, without regard to the
provisions of title 5, United States Code, except that such
rates of compensation shall not to exceed the rate for level I
of the Executive Schedule under section 5312 of such title.
(c) Functions of ARPA-ED.--Upon consultation with the advisory
panel convened under subsection (d), the Secretary shall select public
and private entities to carry out the activities described in
subsection (a)(1) by--
(1) awarding such entities grants, contracts, cooperative
agreements, or cash prizes; or
(2) entering into such other transactions with such
entities as the Secretary may prescribe in regulations.
(d) Advisory Panel.--
(1) In general.--The Secretary shall convene an advisory
panel to advise and consult with the Secretary, Director, and
the qualified individuals appointed under subsection (b)(2)
on--
(A) ensuring that the awards made and transaction
entered into under subsection (c) are consistent with
the purposes described in subsection (a)(1); and
(B) ensuring the relevance, accessibility, and
utility of such awards and transactions to education
practitioners.
(2) Appointment of members.--The Secretary shall appoint
the following qualified individuals to serve on the advisory
panel:
(A) Education practitioners.
(B) Experts in technology.
(C) Specialists in rapid gains in student
achievement and school turnaround.
(D) Specialists in personalized learning.
(E) Researchers, including at least one
representative from a comprehensive center established
under 203 of the Educational Technical Assistance Act
of 2002 (20 U.S.C. 9602) or the regional laboratories
system established under section 174 of the Education
Sciences Reform Act (20 U.S.C. 9564).
(F) Other individuals with expertise who will
contribute to the overall rigor and quality of ARPA-ED.
(3) Applicability of faca.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the panel convened under
this subsection and any appointee to such panel shall not be
considered an ``employee'' under section 2105 of title 5,
United States Code.
(e) Evaluation and Dissemination.--
(1) Evaluation.--The Secretary shall obtain independent,
periodic, and rigorous evaluation of--
(A) the effectiveness of the processes ARPA-Ed is
using to achieve the purposes described in subsection
(a)(1);
(B) the relevance, accessibility, and utility of
the awards made and transactions entered into under
subsection (c) to education practitioners; and
(C) the effectiveness of the projects carried out
through such awards and transactions, using evidence
standards developed in consultation with the Institute
of Education Sciences, and the suitability of such
projects for further investment or increased scale.
(2) Dissemination and use.--The Secretary shall disseminate
information to education practitioners, including teachers,
principals, and local and State superintendents, on effective
practices and technologies developed under ARPA-ED, as
appropriate, through--
(A) the comprehensive centers established under 203
of the Educational Technical Assistance Act of 2002 (20
U.S.C. 9602);
(B) the regional laboratories system established
under section 174 of the Education Sciences Reform Act
(20 U.S.C. 9564); and
(C) such other means as the Secretary determines to
be appropriate.
(f) Administrative Requirements.--Notwithstanding section 437(d) of
the General Education Provisions Act (20 U.S.C. 1232(d)), the Secretary
shall establish such processes as may be necessary for the Secretary to
manage and administer ARPA-ED, which are not constrained by other
Department-wide administrative requirements that may prevent ARPA-ED
from carrying out the purposes described in subsection (a)(1).
(g) Definitions.--For purposes of this Act:
(1) Department.--The term ``Department'' means the
Department of Education.
(2) Director.--The term ``Director'' means the Director of
ARPA-ED.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education. | ARPA-ED Act - Authorizes the Secretary of Education to reserve up to 30% of amounts appropriated for the Investing in Innovation Fund under the American Recovery and Reinvestment Act of 2009 to establish and carry out the objectives of the Advanced Research Projects Agency-Education (ARPA-ED). Requires the Secretary to appoint to the ARPA-ED, for terms of up to four years, individuals who have expertise in carrying out the Agency's objectives. Requires the ARPA-ED to: (1) identify and promote advances in learning, fundamental and applied sciences, and engineering that may be translated into new learning technologies; (2) develop, test, and evaluate new learning technologies and related processes; and (3) accelerate transformational technological advances in education. Directs the Secretary to award grants, contracts, cooperative agreements, or cash prizes to, or enter into other transactions with, public or private entities in pursuit of these objectives. Directs the Secretary to: (1) convene an advisory panel to provide the Secretary and the ARPA-ED with advice in making those awards or entering into those transactions; (2) obtain independent, periodic, and rigorous evaluations of the ARPA-ED's effectiveness; and (3) disseminate information to education practitioners on effective practices and technologies developed through the ARPA-ED. | ARPA-ED Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing America's Future Uniformed
Services Act (SAFE-USA) of 1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The steady decline in the defense budget during the
past 15 years has eroded the readiness of the Armed Forces to
execute those missions called for under the National Military
Strategy to the point where the Joint Chiefs of Staff have
repeatedly characterized the ability of the Armed Forces to
execute the National Military Strategy as representing
``moderate to high risk''.
(2) This erosion in readiness of the Armed Forces,
particularly in recent years, has resulted from inadequate
rates of equipment modernization, delayed equipment
maintenance, degraded quality and quantity of combat training,
and a declining quality of life for members of the Armed Forces
and their families.
(3) The declining quality of life for members of the Armed
Forces and their families has resulted from a range of factors,
including inadequacies in pay and benefits, military
retirement, health care, military housing, and family support
programs, as shown by the following:
(A) Low military pay, estimated on average to be
13.5 percent behind civilian levels, is forcing
servicemembers and their families to struggle to make
ends meet.
(B) Inequities in the current military retirement
system are a contributing factor to the current
military personnel retention problem.
(C) Growing dissatisfaction with military health
care is another important factor contributing to
military retention problems.
(D) Military families and unaccompanied military
personnel continue to live in inadequate facilities, as
indicated by the fact that military barracks and
dormitories are on average over 45 years old and almost
two-thirds of military family housing has been deemed
by the Department of Defense as unsuitable.
(E) With a current force in which 65 percent of
military personnel are married, family support programs
are increasingly inadequate to meet their needs in the
face of historically high rates of peacetime operations
and the resulting increase in family separations.
(4) The drawdown of the Armed Forces during the post-Cold
War period, combined with the dramatic increase in the pace of
military operations during the same period, has resulted in
significant strains on military personnel and their families.
(5) The Armed Forces face severe recruiting and retention
difficulties and shortages of personnel with high-demand
skills.
(6) Surveys conducted by the Armed Forces and testimony
before Congress indicate that the leading factors in declining
retention rates are inadequate pay, family separations
resulting from increased contingency operations, and the lack
of adequate resources to carry out assigned missions.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States must provide the Armed Forces with
sufficient resources to maintain the necessary capability to
execute the National Military Strategy with minimal risk; and
(2) despite past congressional efforts to improve military
pay and benefits and housing, health care, and family support
programs, a comprehensive effort is required to revitalize and
sustain the all-volunteer force and address the decline in the
quality of life for members of Armed Forces and their families
by--
(A) significantly improving the quality and
availability of affordable housing for military
families and enhancing the condition of housing for
unaccompanied military personnel;
(B) reforming the military retirement system to
permit the Armed Forces to retain sufficient high-
quality personnel to meet requirements; and
(C) enhancing pay and benefits to permit the Armed
Forces to recruit and retain high-quality personnel.
SEC. 4. FISCAL YEAR 2000 INCREASE IN MILITARY BASIC PAY.
(a) Increase in Basic Pay.--Effective on January 1, 2000, the rates
of monthly basic pay for members of the uniformed services shall be
increased by 4.8 percent.
(b) Waiver of Section 1009 Adjustment.--The adjustment to become
effective during fiscal year 2000 required by section 1009 of title 37,
United States Code, in the rates of monthly basic pay authorized
members of the uniformed services shall not be made. | Securing America's Future Uniformed Services Act (SAFE-USA) of 1999 - Expresses the sense of the Congress that: (1) the United States must provide its armed forces with sufficient resources to maintain the capability to execute the national military strategy with minimal risk; and (2) a comprehensive effort is required to revitalize and sustain the all-volunteer force and to address the decline in the quality of life for military personnel and their families, especially with regard to military housing, pay, and retirement benefits.
Increases by 4.8 percent, as of January 1, 2000, the rates of monthly basic pay for military personnel. Waives, during FY 2000, the required adjustment of such pay in conformance with the General Schedule of the Federal Government. | Securing America's Future Uniformed Services Act (SAFE-USA) of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Capitol Visitor Center
Commemorative Coin Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress moved to Washington, District of Columbia, and
first convened in the Capitol building in the year 1800;
(2) the Capitol building is now the greatest visible symbol
of representative democracy in the world;
(3) the Capitol building has approximately 5,000,000
visitors annually and suffers from a lack of facilities
necessary to properly serve them;
(4) the Capitol building and persons within the Capitol
have been provided with excellent security through the
dedication and sacrifice of the United States Capitol Police;
(5) Congress has appropriated $100,000,000, to be
supplemented with private funds, to construct a Capitol Visitor
Center to provide continued high security for the Capitol and
enhance the educational experience of visitors to the Capitol;
(6) Congress would like to offer the opportunity for all
persons to voluntarily participate in raising funds for the
Capitol Visitor Center; and
(7) it is appropriate to authorize coins commemorating the
first convening of the Congress in the Capitol building with
proceeds from the sale of the coins, less expenses, being
deposited for the United States Capitol Preservation Commission
with the specific purpose of aiding in the construction,
maintenance, and preservation of a Capitol Visitor Center.
SEC. 3. 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) Bimetallic coins.--Not more than 200,000 $10 bimetallic
coins of gold and platinum, in accordance with such
specifications as the Secretary determines to be appropriate.
(2) $1 silver coins.--Not more than 500,000 $1 coins, 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.
(3) Half dollar.--Not more than 750,000 half dollar clad
coins, each of which--
(A) shall 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) $5 Gold Coins.--If the Secretary determines that the minting
and issuance of bimetallic coins under subsection (a)(1) is not
feasible, the Secretary may mint and issue instead not more than
100,000 $5 coins, which shall--
(1) weigh 8.359 grams;
(2) have a diameter of 0.850 inches; and
(3) contain 90 percent gold and 10 percent alloy.
(c) Waiver.--Each of the mintage levels specified in subsection (a)
may be waived in accordance with section 5112(m)(2)(B) of title 31,
United States Code.
(d) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
SEC. 4. SOURCES OF BULLION.
(a) Platinum and Gold.--The Secretary shall obtain platinum and
gold for minting coins under this Act from available sources.
(b) Silver.--The Secretary may obtain silver for minting coins
under this Act from stockpiles established under the Strategic and
Critical Materials Stock Piling Act, and from other available sources.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the first meeting of the United
States Congress in the United States Capitol Building.
(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
United States Capitol Preservation Commission (in this Act
referred to as the ``Commission'') and the Commission of Fine
Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. 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) First Use of Year 2000 Date.--The coins minted under this Act
shall be the first commemorative coins of the United States to be
issued bearing the inscription of the year ``2000''.
(d) Promotion Consultation.--The Secretary shall--
(1) consult with the Commission in order to establish a
role for the Commission or an entity designated by the
Commission 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 Commission or an entity referred to in
paragraph (1) to carry out the role established under paragraph
(1).
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins minted 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 under this Act shall include a surcharge
established by the Secretary, in an amount equal to not more than--
(1) $50 per coin for the $10 coin or $35 per coin for the
$5 coin;
(2) $10 per coin for the $1 coin; and
(3) $3 per coin for the half dollar coin.
SEC. 8. DISTRIBUTION OF SURCHARGES.
All surcharges received by the Secretary from the sale of coins
minted under this Act shall be deposited in the Capitol Preservation
Fund in accordance with section 5134(f) of title 31, United States
Code, and shall be made available to the Commission for the purpose of
aiding in the construction, maintenance, and preservation of a Capitol
Visitor Center.
Passed the Senate July 30, 1999.
Attest:
GARY SISCO,
Secretary. | United States Capitol Visitor Center Commemorative Coin Act of 1999 - Directs the Secretary of the Treasury to issue ten-dollar bimetallic coins, one-dollar silver coins, half-dollar clad coins, and if the Secretary determines that the minting and issuance of bimetallic coins is not feasible, five-dollar gold coins emblematic of the first meeting of the United States Congress in the U.S. Capitol Building.
Mandates that all surcharges received from the coin sales be deposited in the Capitol Preservation Fund and made available to the U.S. Capitol Preservation Commission to aid in the construction, maintenance, and preservation of a Capitol Visitor Center. | United States Capitol Visitor Center Commemorative Coin Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding Access to Preventative
Services Act of 2010''.
SEC. 2. NO DENIAL OR RESTRICTION OF COVERAGE BASED ON TASK FORCE
RECOMMENDATIONS.
(a) Federal Health Care Program.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services shall not,
directly or as a condition on the receipt of Federal funds, use
any recommendation of the Preventive Services Task Force
convened under section 915(a) of the Public Health Service Act
(42 U.S.C. 299b-4) (or any successor task force) to deny or
restrict coverage of an item or service under a Federal health
care program (including the Medicare program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.), the
Medicaid program under title XIX of the Social Security Act (42
U.S.C. 1396-1 et seq.), and the National Breast and Cervical
Cancer Early Detection Program under title XV of the Public
Health Service Act (42 U.S.C. 300k et seq.).
(2) Definitions.--In this subsection:
(A) The terms ``group health plan'', ``health
insurance coverage'', and ``health insurance issuer''
have the meanings given to those terms in section 2791
of the Public Health Service Act (42 U.S.C. 300gg-91).
(B) The term ``Federal health care program'' has
the meaning given to such term in section 1128B(f) of
the Social Security Act (42 U.S.C. 1320a-7b(f)).
(b) Group Health Plans and Health Insurance.--
(1) Amendments to public health service act.--
(A) Group market.--Subpart 2 of part A of title
XXVII of the Public Health Service Act (42 U.S.C. 300gg
et seq.) is amended by adding at the end the following:
``SEC. 2708. NO DENIAL OR RESTRICTION OF COVERAGE BASED ON TASK FORCE
RECOMMENDATIONS.
``A group health plan, and a health insurance issuer offering group
health insurance coverage, shall not use any recommendation of the
Preventive Services Task Force convened under section 915(a) (or any
successor task force) to deny or restrict coverage of an item or
service.''.
(B) Individual market.--Subpart 1 of part B of
title XXVII of the Public Health Service Act (42 U.S.C.
300gg-41 et seq.) is amended by adding at the end the
following:
``SEC. 2746. NO DENIAL OR RESTRICTION OF COVERAGE BASED ON TASK FORCE
RECOMMENDATIONS.
``The provisions of section 2708 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as such provisions apply to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.''.
(2) Amendments to erisa.--
(A) In general.--Subpart B of part 7 of title I of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end
the following:
``SEC. 715. NO DENIAL OR RESTRICTION OF COVERAGE BASED ON TASK FORCE
RECOMMENDATIONS.
``A group health plan, and a health insurance issuer offering group
health insurance coverage, shall not use any recommendation of the
Preventive Services Task Force convened under section 915(a) (or any
successor task force) to deny or restrict coverage of an item or
service.''.
(B) Clerical amendment.--The table of contents in
section 1 of such Act is amended by inserting after the
item relating to section 714 the following new item:
``Sec. 715. No denial or restriction of coverage based on Task Force
recommendations.''.
(3) Amendments to internal revenue code.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 (relating to group health
plan requirements) is amended by adding at the end the
following:
``SEC. 9814. NO DENIAL OR RESTRICTION OF COVERAGE BASED ON TASK FORCE
RECOMMENDATIONS.
``A group health plan shall not use any recommendation of the
Preventive Services Task Force convened under section 915(a) (or any
successor task force) to deny or restrict coverage of an item or
service.''.
(B) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of such Code is amended by
inserting after the item relating to section 9813 the
following new item:
``Sec. 9814. No denial or restriction of coverage based on Task Force
recommendations.''.
(4) Effective date.--The amendments made by paragraphs
(1)(A), (2), and (3) of this subsection shall apply with
respect to plan years beginning on or after the date of the
enactment of this Act. The amendment made by paragraph (1)(B)
of this subsection applies with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after such date.
SEC. 3. DETERMINATIONS OF COVERAGE OF PREVENTIVE ITEMS AND SERVICES.
(a) Amendments to Public Health Service Act.--
(1) Group market.--Subpart 2 of part A of title XXVII of
the Public Health Service Act (42 U.S.C. 300gg et seq.), as
amended by section 2 of this Act, is amended by adding at the
end the following:
``SEC. 2709. DETERMINATIONS OF COVERAGE OF PREVENTIVE ITEMS AND
SERVICES.
``The plan sponsor of a group health plan and a health insurance
issuer offering group health insurance coverage shall, in determining
which preventive items and services to provide coverage for under the
plan or coverage, consult the medical guidelines and recommendations of
relevant professional medical organizations of relevant medical
practice areas (such as the American Society of Clinical Oncology, the
American College of Surgeons, the American College of Radiology, the
Society of Breast Imaging, the American College of Radiation Oncology,
the American College of Obstetricians and Gynecologists, and other
similar organizations), including guidelines and recommendations
relating to the coverage of women's preventive services (such as
mammograms and cervical cancer screenings). The plan administrator
shall disclose such guidelines and recommendations to enrollees as part
of a summary of benefits and coverage provided to enrollees.''.
(2) Individual market.--Subpart 1 of part B of title XXVII
of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.)
is amended by adding at the end the following:
``SEC. 2747. DETERMINATIONS OF COVERAGE OF PREVENTIVE ITEMS AND
SERVICES.
``The provisions of section 2708 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as such provisions apply to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.''.
(b) Amendments to ERISA.--
(1) In general.--Subpart B of part 7 of title I of the
Employee Retirement Income Security Act of 1974 (as amended by
section 2) is amended by adding at the end the following:
``SEC. 716. DETERMINATIONS OF COVERAGE OF PREVENTIVE ITEMS AND
SERVICES.
``The plan sponsor of a group health plan and a health insurance
issuer offering group health insurance coverage shall, in determining
which preventive items and services to provide coverage for under the
plan or coverage, consult the medical guidelines and recommendations of
relevant professional medical organizations of relevant medical
practice areas (such as the American Society of Clinical Oncology, the
American College of Surgeons, the American College of Radiology, the
Society of Breast Imaging, the American College of Radiation Oncology,
the American College of Obstetricians and Gynecologists, and other
similar organizations), including guidelines and recommendations
relating to the coverage of women's preventive services (such as
mammograms and cervical cancer screenings). The plan administrator of
the group health plan shall disclose such guidelines and
recommendations to participants and beneficiaries as part of the
summary plan description required to be provided under section 102, and
any failure to so disclose such guidelines and recommendations shall be
treated as a violation of section 102.''.
(2) Clerical amendment.--The table of contents in section 1
of such Act (as amended by section 2) is amended by inserting
after the item relating to section 715 the following new item:
``Sec. 716. Determinations of coverage of preventive items and
services.''.
(c) Amendments to Internal Revenue Code.--
(1) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 (as amended by section 2) is
amended by adding at the end the following:
``SEC. 9814. DETERMINATIONS OF COVERAGE OF PREVENTIVE ITEMS AND
SERVICES.
``The plan sponsor of a group health plan shall, in determining
which preventive items and services to provide coverage for under the
plan, consult the medical guidelines and recommendations of relevant
professional medical organizations of relevant medical practice areas
(such as the American Society of Clinical Oncology, the American
College of Surgeons, the American College of Radiology, the Society of
Breast Imaging, the American College of Radiation Oncology, the
American College of Obstetricians and Gynecologists, and other similar
organizations), including guidelines and recommendations relating to
the coverage of women's preventive services (such as mammograms and
cervical cancer screenings). The plan administrator shall disclose such
guidelines and recommendations to participants and beneficiaries as
part of a summary of benefits and coverage provided to participants and
beneficiaries.''.
(2) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of such Code is amended by
inserting after the item relating to section 9813 the following
new item:
``Sec. 9814. Determinations of coverage of preventive items and
services.''.
(d) Effective Date.--The amendments made by subsections (a)(1),
(b), and (c) of this section shall apply with respect to plan years
beginning on or after the date of the enactment of this Act. The
amendment made by subsection (a)(2) of this section applies with
respect to health insurance coverage offered, sold, issued, renewed, in
effect, or operated in the individual market on or after such date. | Safeguarding Access to Preventative Services Act of 2010 - Prohibits the Secretary of Health and Human Services (HHS) from using any recommendation of the Preventive Services Task Force to deny or restrict coverage of an item or service under a federal health care program (including Medicare, Medicaid, and the National Breast and Cervical Cancer Early Detection Program).
Amends the Public Health Service Act (PHSA), the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to: (1) prohibit a group health plan from using any recommendation of that Task Force to deny or restrict coverage; (2) require the sponsor of a group health plan, in determining which preventive items and services to provide coverage for, to consult the medical guidelines and recommendations of relevant professional medical organizations of relevant practice areas, including those relating to the coverage of women's preventive services; and (3) require the plan administrator to disclose such guidelines and recommendations as part of a summary of benefits and coverage provided to participants. Amends PHSA to apply such requirements to health insurance coverage offered by a health insurance issuer in the individual market in the same manner it applies to coverage offered in the group market. | To prohibit the use of any recommendation of the Preventive Services Task Force (or any successor task force) to deny or restrict coverage of an item or service under a Federal health care program, a group health plan, or a health insurance issuer, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Asthma Management Plan Act''.
SEC. 2. SCHOOL ASTHMA MANAGEMENT PLANS.
(a) Amendment.--Title IV of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end
the following:
``PART D--SCHOOL ASTHMA MANAGEMENT PLANS
``SEC. 4401. SCHOOL ASTHMA MANAGEMENT PLANS.
``(a) Grants Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to local educational agencies to enable public
elementary schools and secondary schools served by the local
educational agencies to--
``(A) develop and implement a school asthma
management plan; and
``(B) if the school chooses, purchase drugs and
devices for emergency use that are approved or cleared
by the Food and Drug Administration, including
bronchodilators, spacers, and inhalers, and other
supplies determined necessary by the Secretary, for
students served by the school, as needed, as well as
devices that measure pulmonary function or asthma
education tools, or both.
``(2) Alternative grantees.--The Secretary may award a
grant under this section to a local health or education
department to carry out the activities described in this
section if the Secretary determines that in such local area
such department is the entity that would routinely carry out
such activities.
``(b) Application.--A local educational agency or department that
desires to receive a grant under this section shall submit an
application at such time, in such manner, and accompanied by such
information as the Secretary may require.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give a priority to--
``(1) any local educational agency that will use grant
funds to assist a public elementary school or secondary school
that has a high burden of asthma, as determined by the
Secretary; and
``(2) if the Secretary elects to award grants described in
subsection (a)(2), any department that proposes to carry out
the grant activities at a school described in paragraph (1).
``(d) Use of Grant Funds.--A local educational agency or department
that receives a grant under this section shall develop and implement a
comprehensive school asthma management plan based on national
guidelines at each school to be served under the grant, and may
purchase drugs and devices for emergency use that are approved or
cleared by the Food and Drug Administration, including bronchodilators,
spacers, and inhalers, and other supplies determined necessary by the
Secretary, for students served by the school or department, as needed,
as well as devices that measure pulmonary function or asthma education
tools, or both. Such management plan shall include the following:
``(1) A method to identify all students with a diagnosis of
asthma.
``(2) An asthma action plan for each student with a
diagnosis of asthma.
``(3) Asthma education for all school staff, such as
education regarding asthma basics, asthma management, trigger
management, and comprehensive emergency responses to asthma
attacks.
``(4) Access to medication and to methods to administer
medication, for all students served by the school or department
who have asthma, based on the student's prescription and
individual needs.
``(5) Asthma medication and emergency policies that are
specific to the school.
``(6) Protocols and training to support clinical management
of acute symptoms of asthma and ongoing management of asthma.
``(7) A system to support ongoing coordination of asthma
care with the family, the primary care provider, and others as
necessary.
``(8) A method to monitor the quality and outcomes of the
care provided to each student served by the school or
department who has asthma, including how often treatment is
needed and what treatment students get.
``(9) Successful completion of the Environmental Protection
Agency's Indoor Air Quality Tools for Schools Indoor Air
Quality Profile.
``(e) Grant Recipient Actions.--A school or department that
receives a grant under this section shall--
``(1) utilize existing systems, when possible, including
the use of forms developed in accordance with section 504 of
the Rehabilitation Act of 1973 (20 U.S.C. 794);
``(2) find innovative ways--
``(A) to encourage bidirectional communication
between schools and students' physicians in a rapid
manner; and
``(B) to encourage adherence to asthma treatment by
students;
``(3) ensure that a nurse or another individual who is
trained to administer emergency asthma care is on staff;
``(4) ensure that all student asthma action plans include
asthma triggers, both allergens and irritants, for the student;
and
``(5) ensure that each school served under the grant report
asthma emergency events involving students to the State health
department by school identifier.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2016 and each of the 4 succeeding fiscal years.''.
(b) Table of Contents.--The table of contents in section 2 of such
Act is amended by inserting after the item relating to section 4304 the
following:
``PART D--School Asthma Management Plans
``Sec. 4401. School asthma management plans.''. | School Asthma Management Plan Act Amends the Elementary and Secondary Education Act of 1965 to authorize the Department of Education (ED) to award grants to local educational agencies (LEAs) to enable public elementary schools and secondary schools to: (1) develop and implement a school asthma management plan; and (2) purchase drugs and devices for emergency use that are approved or cleared by the Food and Drug Administration, including bronchodilators, spacers, and inhalers for students served by the school, as well as devices that measure pulmonary function or asthma education tools. Authorizes ED to award a grant to a local health or education department to carry out such activities upon determining that in such local area such department is the entity that would routinely carry out such activities. Requires ED to give priority in awarding grants to: (1) any LEA that will use grant funds to assist a public elementary school or secondary school that has a high burden of asthma, and (2) any department that proposes to carry out the grant activities at such a school. Requires grantees to: (1) find innovative ways to encourage rapid bidirectional communication between schools and students' physicians and students' adherence to asthma treatment, (2) ensure that they have on staff a nurse or individual who is trained to administer emergency asthma care, (3) ensure that all student asthma action plans include asthma triggers, both allergens and irritants, for the student; and (4) ensure that each school served under the grant reports asthma emergency events involving students to the state health department by school identifier. | School Asthma Management Plan Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nationwide Freight and Personal
Mobility Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the safe and efficient movement of individuals and
freight in interstate commerce, including the movement of
individuals and freight on highways over long distances, is
essential to the economic growth and prosperity of the United
States, including both rural and metropolitan areas;
(2) the highway movement of freight will be, for the
foreseeable future, on roads that serve both freight and
passenger traffic, requiring effective and unified planning and
funding for the preservation and improvement of highways in the
interest of effective transportation of both individuals and
freight in rural and metropolitan areas;
(3) it is essential and appropriate that Federal programs
to preserve and improve highway transportation infrastructure
ensure consideration of the needs of freight as part of an
overall, unified, and multimodal approach to meeting the
national interest in the safe and efficient transportation of
both individuals and freight;
(4) vehicle miles traveled on the National Highway System,
including the Interstate System, represent nearly 45 percent of
all vehicle miles traveled in the United States, even as
National Highway System routes comprise only 4 percent of
public road mileage in the United States; and
(5) a well-preserved and improved system of National
Highway System routes, including Interstate System routes, is
essential to the effective movement of individuals and freight
in the United States in both rural and metropolitan areas.
SEC. 3. GUARANTEED FUNDING FOR NATIONAL HIGHWAY SYSTEM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 167. Guaranteed funding for National Highway System
``(a) Applicability.--This section applies to authorizations of
appropriations from the Highway Trust Fund (other than the Mass Transit
Account) for fiscal year 2010 and each fiscal year thereafter.
``(b) Determination of Apportionments.--For each fiscal year, the
Secretary shall determine the total amounts apportioned among the
States pursuant to authorizations of appropriations from the Highway
Trust Fund (other than the Mass Transit Account), other than
authorizations of appropriations pursuant to--
``(1) this section;
``(2) section 105; and
``(3) other provisions of this title administered by the
National Highway Traffic Safety Administration or the Federal
Motor Carrier Safety Administration.
``(c) Additional Authorization of Appropriations.--
``(1) In general.--If the total amount of apportionments
for a fiscal year for the Interstate maintenance program under
section 119 and the National Highway System program under
section 103, exclusive of apportionments pursuant to
authorizations of appropriations under this section, equals
less than 45 percent of the total amount apportioned for the
fiscal year as determined under subsection (b), an additional
amount determined pursuant to paragraph (2) is authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) for the fiscal year for the National Highway
System program under section 103.
``(2) Amount.--The amount of the additional authorization
of appropriations described in paragraph (1) for a fiscal year
for the National Highway System program under section 103 shall
be determined by the Secretary--
``(A) by subtracting from the total amount
described by subsection (b) the amounts included in
that total for apportionments for the National Highway
System program under section 103 and the Interstate
maintenance program under section 119 for the fiscal
year;
``(B) by dividing the difference calculated under
subparagraph (A) by 0.55;
``(C) by multiplying the quotient calculated under
subparagraph (B) by 0.45; and
``(D) by subtracting from the product calculated
under subparagraph (C) the amount included in
subsection (b) for apportionments for the National
Highway System program under section 103 and the
Interstate maintenance program under section 119 for
the fiscal year.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting at the end of the items
relating to subchapter I the following:
``167. Guaranteed funding for National Highway System.''.
SEC. 4. FEDERAL SHARE.
Section 120(b) of title 23, United States Code, is amended by
striking ``80 percent of the cost thereof'' each place it appears and
inserting ``80 percent of the cost of the project (if the project is
not on the National Highway System), or 85 percent of the cost of the
project (if the project is on the National Highway System and not on
the Interstate System)''. | Nationwide Freight and Personal Mobility Act - Specifies a formula for the automatic authorization of additional appropriations for National Highway System (NHS) improvement projects, starting FY2010, if apportionments fall below a certain level.
Revises the federal share of non-Interstate highway projects to make it: (1) 80% for non-NHS projects; and (2) 85% for NHS projects. | A bill to amend title 23, United States Code, to improve highway transportation in the Untied States, including rural and metropolitan areas. |
SECTION 1. EXPEDITED HAZARDOUS FUELS REDUCTION PROCEDURES.
(a) In General.--The Secretaries of Agriculture and the Interior
shall conduct immediately and to completion projects consistent with
the Implementation Plan for the 10-year Comprehensive Strategy for a
Collaborative Approach for Reducing Wildland Fire Risks to Communities
and the Environment, dated May 2002, developed pursuant to the
Conference Report to the Department of the Interior and Related
Agencies Appropriations Act, 2001 (House Report 106-646) to reduce
hazardous fuels. Any project carried out pursuant to this section shall
be consistent with the applicable forest plan, resource management
plan, or other applicable agency plans.
(b) Priority.--In implementing projects under this section, the
Secretaries of Agriculture and the Interior shall give highest priority
to--
(1) wildland urban interface areas;
(2) municipal watersheds; or
(3) forested or rangeland areas affected by disease, insect
activity, or wind throw.
(c) Acreage Limitation.--In implementing this section, the
Secretaries of Agriculture and the Interior shall treat an aggregate
area of not more than 3.75 million acres of federal land.
(d) Process.--The Secretaries of Agriculture and the Interior shall
jointly develop a collaborative process with interested parties
consistent with the Implementation Plan described in subsection (a) for
the selection of projects carried out under this section consistent
with subsection (b). Such collaborative process may be the process set
forth in title II of the Secure Rural Schools and Community Self-
Determination Act, Public Law 106-393.
(e) Administrative Process.--
(1) Review.--Projects implemented pursuant to this section
shall not be subject to appeal requirements of the Appeals
Reform Act (section 322 of Public Law 102-381) or Department of
the Interior Board of Land Appeals Review.
(2) Regulations.--The Secretaries of Agriculture and the
Interior, as appropriate, may promulgate such regulations as
are necessary to implement this section.
(f) Conclusive Presumption.--Subject to the requirements of
subsection (h), unless there are extraordinary circumstances, hazardous
fuels reduction actions authorized by subsection (g) are conclusively
determined to be categorically excluded from further analysis under the
National Environmental Policy Act, and the Secretary of Agriculture or
the Secretary of the Interior as appropriate need not make any findings
as to whether the projects individually or cumulatively have a
significant effect on the human environment.
(g) Categorical Exclusions.--
(1) Subject to paragraph (2), until September 30, 2003, the
Secretary of Agriculture and the Secretary of the Interior may
categorically exclude a proposed hazardous fuels reduction
action, including prescribed fire, from documentation in an
environmental impact statement or environmental assessment if
the proposed hazardous fuels reduction action is located on
lands identified as condition class 3 on the map attached to
the Forest Service Rocky Mountain Research Station General
Technical Report RMRS-87 dated April 2002 and removes no more
than 250,000 board feet of merchantable wood products or
removes as salvage 1,000,000 board feet or less of merchantable
wood products and assures regeneration of harvested or salvaged
areas.
(2) Scoping is required on all actions proposed pursuant to
this section.
(h) Limitation on the Availability of Conclusive Presumption.-- The
conclusive presumption authorized by subsection (f) shall apply only to
projects located in areas identified as condition class 3 as defined in
subsection (g), and that are located:
(1) within wildland urban interface areas, or
(2) within a municipal watershed, or
(3) within forested or rangeland areas affected by disease,
insect activity, or wind throw.
(i) Extraordinary Circumstances.-- For all projects implemented
pursuant to this section, if there are extraordinary circumstances, the
Secretary of Agriculture and the Secretary of the Interior shall follow
agency procedures related to categorical exclusions and extraordinary
circumstances.
(j) Reduce Fire Risk.-- In order to ensure that the agencies are
implementing projects that reduce the risk of unnaturally intense
wildfires, the Secretary of Agriculture and the Secretary of the
Interior--
(1) shall not construct new roads as part of any project
implemented pursuant to this section;
(2) must maintain old and large trees appropriate for each
ecosystem type and must focus on generally small diameter trees
and brush for all projects implemented pursuant to this
section; and
(3) must deposit in the Treasury of the United States all
revenues and receipts generated from projects implemented
pursuant to this section.
(k) Hazardous Fuels Reduction Funding Focus.-- In order to focus
hazardous fuels reduction activities on the highest priority areas
where critical issues of human safety and property loss are the most
serious, the Forest Service and the Department of the Interior shall
expend all of the hazardous fuels operations funds provided in this Act
only on projects in areas identified as condition class 3 as defined in
subsection (g).
(l) Small Communities.-- At least ten percent of the hazardous
fuels operations funds provided in this Act shall be spent on projects
that benefit businesses that use hazardous fuels and that are located
in small, economically disadvantaged communities.
(m) Monitoring.--
(1) The Secretary of Agriculture and the Secretary of the
Interior shall jointly establish a commission to complete an
assessment of the positive or negative impacts and
effectiveness of projects implemented pursuant to this Act. The
commission shall be composed of 12 to 15 members with equal
representation from conservation interests, local communities,
and commodity interests. The Commission shall submit a report
to Congress within 24 months after the date of enactment of
this Act.
(2) The Secretaries shall establish a multiparty monitoring
process in order to assess a representative sampling of the
projects implemented pursuant to this section. The Secretaries
shall include any interested individual or organization in the
monitoring and evaluation process.
(3) Funds to implement this subsection shall be derived
from hazardous fuels reduction funds. | Directs the Secretaries of Agriculture and the Interior to: (1) expeditiously complete hazardous fuels reduction projects consistent with the Implementation Plan for the 10-year Comprehensive Strategy for a Collective Approach to Reducing Wildland Fire Risks to Communities and the Environment; (2) develop a project selection process with interested parties; and (3) establish a commission and monitoring process to evaluate project impact and effectiveness.Gives implementation priority to: (1) wildland urban interface areas; (2) municipal watersheds; or (3) forested or rangeland areas affected by disease, insects, or wind throw.Authorizes the Secretaries to temporarily exclude from environmental documentation requirements certain projects in areas (condition class 3) identified in a specified Forest Service map and report. Requires that all specified hazardous fuels operations funds be used in such areas.Sets aside specified funds for small, economically disadvantaged communities. | A bill to expedite procedures for hazardous fuels reductions activities and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arctic Climate Preservation Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Black carbon is a particulate pollutant that
contributes significantly to warming of the Earth's climate
system by converting solar radiation to heat, which is released
into the atmosphere. Black carbon has a particularly
detrimental impact on the Arctic by reducing surface
reflectivity and accelerating melting when it settles on snow
or ice surfaces. The atmospheric residence of black carbon is
less than 2 weeks, making this pollutant an important candidate
for immediate policy action to mitigate adverse climate
effects.
(2) Through various clean air programs, the United States
has reduced much of its black carbon pollution, though more
could be done by governments to help spur technological
innovation and energy technology deployment in countries where
major black carbon pollution still occurs through industrial
activities, agriculture and forestry practices, and residential
cooking with high pollution fuels.
(3) Black carbon is a serious threat to public health and
reductions in black carbon will produce immediate public health
benefits.
(4) Black carbon is a component of particulate matter
regulated under the Clean Air Act, however it is not explicitly
regulated as a global warming agent under United States law or
by the United Nations Framework Convention on Climate Change or
other international instruments.
(5) United States foreign policies and assistance programs,
as well as directions to multilateral lending organizations
such as the World Bank, Inter-American Development Bank, and
other regional development banks, possess the potential to
significantly reduce black carbon pollution globally.
(6) Taking immediate cost-effective and technologically
feasible action to protect the Arctic, especially by
significantly reducing black carbon pollution, will protect an
ecosystem under imminent threat due to global warming.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to immediately identify cost-effective ways to reduce
black carbon pollution, both in the United States and
internationally, to stem and reverse the melting of Arctic Sea
ice, as well as contribute to reducing the rate of global
warming; and
(2) to establish the United States as a leader in
protecting the Arctic environment.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``black carbon'' means the strongly light
absorbing component of carbonaceous aerosols.
(3) The term ``organic carbon'' means the components of
carbonaceous aerosols that are not strongly light-absorbing.
(4) The term ``person'' means any individual, corporation,
partnership, trust, association, or any other private entity,
or any officer, employee, agent, department, or instrumentality
of the Federal Government or of any State, municipality, or
political subdivision of a State, or of any foreign government,
any State, municipality, or political subdivision of a State,
or any other entity subject to the jurisdiction of the United
States.
SEC. 5. BLACK CARBON ABATEMENT STUDY.
(a) Study.--The Administrator shall conduct a study of black carbon
and organic carbon emissions in consultation with the Administrator of
the National Oceanic and Atmospheric Administration, the Administrator
of the National Aeronautics and Space Administration, the Administrator
of the United States Agency for International Development, the Chief of
the United States Forest Service, the Secretary of the Interior, and
other agencies, as appropriate. The study shall include each of the
following:
(1) A summary of the research that has been conducted that
identifies--
(A) an inventory of the major sources of black
carbon and organic carbon emissions in the United
States and throughout the world, including an estimate
of the quantity of current and projected future
emissions, and the net climate effects of the emissions
from those sources;
(B) effective and cost-effective control
technologies, operations, or strategies for additional
domestic and international black carbon reductions,
including the lifecycle climate impacts of installation
or implementation of emission control technologies,
operations, or strategies, such as diesel particulate
filters on existing on-road and off-road engines, and
including consideration of emissions from residential
cookstoves, forest burning, and other agriculture-based
burning;
(C) potential metrics quantifying the net radiative
forcing, warming, or other climatic effects of black
carbon and organic carbon emissions, which might be
used to compare the climate benefits of different
mitigation strategies; and
(D) the health benefits associated with additional
controls for black carbon emissions.
(2) Recommendations of the Administrator regarding--
(A) areas of focus for additional research for
technologies, operations, and strategies with the
highest potential to reduce emissions of black carbon;
and
(B) actions the Federal Government could carry out
to encourage or require black carbon emission
reductions that may be additional to those identified
under section 6.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to Congress a report
describing the results of the study.
SEC. 6. BLACK CARBON REDUCTIONS IN THE UNITED STATES.
(a) Regulations.--By 270 days after the date of the enactment of
this Act, the Administrator shall propose regulations under the
existing authorities of the Clean Air Act to reduce emissions of black
carbon. The Administrator shall promulgate final regulations under
those authorities within 635 days after the date of the enactment of
this Act. In developing such regulations, the Administrator shall take
into account the full range of health and environmental harms of black
carbon emissions, including the effects on global warming and the
Arctic.
(b) Clean Air Act Provisions.--The obligations of the Administrator
under subsection (a) shall be considered a nondiscretionary duty for
purposes of sections 304 of the Clean Air Act.
SEC. 7. UNITED STATES FOREIGN AID AND ASSISTANCE.
(a) Report.--Within 9 months after enactment of this Act, the
Secretary of State, in coordination with other appropriate Federal
agencies such as the Agency for International Development, the
Secretary of the Treasury, and the Administrator, shall issue a report
to Congress on the amount, type, and direction of all present and
potential United States financial and related assistance to foreign
nations that will reduce, mitigate, and otherwise abate black carbon
pollution.
(b) Other Opportunities.--The report required under subsection (a)
shall also identify opportunities for foreign assistance and direction
in order to--
(1) promote sustainable solutions to bring clean,
efficient, and affordable stoves to residents of developing
countries that are reliant on upon solid fuels such as wood,
dung, charcoal, coal, or crop residues for home cooking and
heating, so as to help reduce public health and environmentally
harmful impacts of black carbon pollution;
(2) make technological improvements to diesel engines and
provide greater access to fuels that emit less or no black
carbon;
(3) reduce unnecessary agricultural or other biomass
burning where feasible alternatives exist;
(4) reduce unnecessary fossil fuel burning that produces
black carbon where feasible alternatives exist; or
(5) reduce other sources of black carbon pollution.
SEC. 8. INTERNATIONAL NEGOTIATIONS.
(a) Policy.--It is the policy of the United States--
(1) to engage in the processes of the United Nations
Framework Convention on Climate Change and the Convention on
Long Range Transboundary Air Pollution to explore the potential
to accelerate reductions in black carbon emissions, and to
improve our understanding of the climatic effects of black
carbon, as well as the mitigation potential in different
sectors and regions around the world;
(2) to work with affected and interested nations and the
Arctic Council on an agreement to protect the Arctic
environment, consistent with the principles of the Convention
on the Conservation of Antarctic Marine Living Resources;
(3) to further the goals of the Agreement on the
Conservation of Polar Bears ratified by the Governments of
Canada, Denmark, Norway, Russia, and the United States, to
explicitly take into account the threat to polar bears posed by
global warming;
(4) to abide by the American Declaration of the Rights and
Duties of Man with regard to human rights;
(5) to work with parties to the North American Free Trade
Agreement and other related agreements in the Americas share
information and coordinate on approaches to reduce black carbon
pollution; and
(6) to further reduce shipping pollution through domestic
means and through MARPOL.
(b) Report.--By January 1, 2010, the Secretary of State shall issue
a report to the Congress on the advancement of the policies and goals
enunciated in this section with regard to black carbon.
SEC. 9. EFFECT ON OTHER LAW.
Nothing in this Act precludes or abrogates the right of any State
to adopt or enforce any standard, cap, limitation, prohibition,
requirement, or effort to reduce the emissions of any greenhouse gas.
States may elect to enact standards that are more stringent than those
required under this Act.
SEC. 10. APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
SEC. 11. SEPARABILITY.
If any provision of this Act or the application of any provision of
this Act to any person or circumstance is held invalid, the application
of such provision to other persons or circumstances, and the remainder
of the Act, shall not be affected thereby. | Arctic Climate Preservation Act - Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) conduct a study of black carbon and organic carbon emissions; and (2) propose regulations under the Clean Air Act to reduce emissions of black carbon. Defines "black carbon" as the strongly light absorbing component of carbonaceous aerosols.
Directs the Secretary of State to report to Congress on the amount, type, and direction of all U.S. foreign aid for reducing black carbon pollution.
States the policy of the United States with respect to international agreements and treaties relating to the reduction of black carbon emissions, protection of the Arctic environment, the the threat to polar bears from global warming, human rights under the American Declaration of the Rights and Duties of Man, and the reduction of shipping pollution through domestic means and through the International Convention for the Prevention of Pollution From Ships (MARPOL). | To require the Administrator of the Environmental Protection Agency to conduct a study on black carbon emissions and to reduce global black carbon emissions. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student and Teachers Excellence in
Education Act''.
TITLE I--TAX INCENTIVES FOR TEACHERS
SEC. 101. NONREFUNDABLE TAX CREDIT FOR ELEMENTARY AND SECONDARY PUBLIC
SCHOOL TEACHERS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. ELEMENTARY AND SECONDARY PUBLIC SCHOOL TEACHERS.
``(a) Allowance of Credit.--In the case of an individual who is an
eligible elementary or secondary public school teacher, there shall be
allowed as a credit against the tax imposed by this chapter for a
taxable year an amount equal to the full-time teaching amount.
``(b) Full-Time Teaching Amount.--
``(1) In general.--For purposes of subsection (a), the
full-time teaching amount is the amount equal to----
``(A) $2,000, multiplied by
``(B) the fraction--
``(i) the numerator of which is the number
of months credited with full-time teaching, and
``(ii) the denominator of which is 9.
``(2) Special rules.--For purposes of paragraph (1)--
``(A) a month is credited with full-time teaching
if the teacher is teaching in at least one of the
grades K through 12 on a full-time basis for more than
half of the business days in such month, and
``(B) not more than 9 months of a taxable year
shall be taken into account under paragraph
(1)(B)(i).''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the following new
item:
``Sec. 25B. Elementary and secondary
public school teachers.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.
SEC. 102. DEDUCTIONS FOR EXPENSES OF ELEMENTARY AND SECONDARY PUBLIC
SCHOOL TEACHERS BECOMING ACCREDITED FROM NATIONAL BOARD
FOR PROFESSIONAL TEACHING STANDARDS.
(a) In General.--Subsection (a) of section 62 of the Internal
Revenue Code of 1986 (relating to definition of adjusted gross income)
is amended by adding at the end thereof the following new paragraph:
``(18) National board for professional teaching standards
accreditation.--In the case of an individual who is an eligible
elementary or secondary public school teacher (as defined in
section 25B), the deductions (not to exceed $2,000) allowed by
section 162 which consist of expenses paid by the taxpayer in
connection with receiving accreditation from the National Board
for Professional Teaching Standards.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1997.
TITLE II--OTHER INCENTIVES FOR TEACHERS
SEC. 201. CANCELLATION OF STUDENT LOANS FOR TEACHERS.
(a) FFEL Loans.--Section 437 of the Higher Education Act of 1965
(20 U.S.C. 101087) amended--
(1) in the section heading, by striking out the period at
the end thereof and inserting in lieu thereof a semicolon and
``loan forgiveness for teaching.'';
(2) by amending the heading for subsection (c) to read as
follows: ``Discharge Related to School Closure or False
Certification.--''; and
(3) by adding at the end thereof the following new
subsection:
``(e) Cancellation of Loans for Teaching.--
``(1) Functions of secretary.--The Secretary shall
discharge the liability of a borrower of a qualifying loan by
repaying the amount owed on the loan, to the extent specified
in paragraph (4), for service described in paragraph (3).
``(2) Qualifying loans.--
``(A) In general.--For purposes of this subsection,
a loan is a qualifying loan if--
``(i) the loan was made under section 428
on or after the date of enactment of the Higher
Education Amendments of 1998 to a borrower who,
on the date of entering into the note or other
written evidence of the loan, had no
outstanding balance of principal or interest on
any loan made before such date; and
``(ii) the loan was obtained to cover the
cost of instruction for an academic year after
the first and second year of undergraduate
education.
``(B) Limitation.--The Secretary may not repay
loans described in subparagraph (A) to cover the costs
of instruction for more than two academic years, or
three academic years in the case of a program of
instruction normally requiring five years.
``(C) Treatment of consolidation loans.--A loan
made under section 428C may be a qualifying loan for
the purposes of this subsection only to the extent that
such loan was used to repay a loan or loans that meet
the requirements of subparagraphs (A) and (B), as
determined in accordance with regulations prescribed by
the Secretary.
``(3) Qualifying service.--A loan shall be discharged under
paragraph (1) for service by the borrower as a full-time
teacher for each complete academic year of service, after
completion of the second academic year of service, in a public
elementary or secondary school.
``(4) Rate of discharge.--(A) Loans shall be discharged
under this subsection at the rate of--
``(i) 30 percent for the first or second complete
academic year of qualifying service as described in
paragraph (3) (after completion of two years of
service); and
``(ii) 40 percent for the third complete year of
such qualifying service.
``(B) The total amount that may be discharged under this
subsection for any borrower shall not exceed $17,750.
``(C) If a portion of a loan is discharged under
subparagraph (A) for any year, the entire amount of interest on
that loan that accrues for that year shall also be discharged
by the Secretary.
``(D) Nothing in this section shall be construed to
authorize refunding of any repayment of a loan.
``(5) Limitation on teacher eligibility.--
``(A) Secondary school teachers.--A borrower may
not receive assistance under this subsection by virtue
of teaching in a secondary school unless such borrower
majored in the subject area in which they are teaching.
``(B) Elementary school teachers.--A borrower may
not receive assistance under this subsection by virtue
of teaching in a elementary school unless such borrower
demonstrates, in accordance with State teacher
certification or licensing requirements, subject matter
knowledge and teaching skills in reading, writing,
mathematics, and other subjects taught in elementary
schools.
``(6) Prevention of double benefits.--No borrower may, for
the same service, receive a benefit under both this subsection
and subtitle D of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12571 et seq.).
``(7) Method of payment.--The Secretary shall specify in
regulations the manner in which lenders shall be reimbursed for
loans made under this part, or portions thereof, that are
discharged under this subsection.
``(8) List.--If the list of schools in which a teacher may
perform service pursuant to paragraph (3) is not available
before May 1 of any year, the Secretary may use the list for
the year preceding the year for which the determination is made
to make such service determination.
``(9) Continuing eligibility.--Any teacher who performs
service in a school which--
``(A) meets the requirements of paragraph (3) in
any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be eligible for
loan cancellation pursuant to this subsection with respect to
such subsequent years.''.
(b) Direct Student Loans.--Part D of title IV of the Higher
Education Act of 1965 is amended by inserting after section 455 (20
U.S.C. 1087h) the following new section:
``SEC. 459. CANCELLATION OF LOANS FOR CERTAIN PUBLIC SERVICE.
``(a) Cancellation of Percentage of Debt Based on Years of
Qualifying Service.--
``(1) Functions of secretary.--The percent specified in
paragraph (4) of the total amount of any qualifying loan shall
be canceled for each complete year of service by the borrower
described in paragraph (3).
``(2) Qualifying loans.--
``(A) In general.--For purposes of this subsection,
a loan is a qualifying loan if--
``(i) the loan was a Federal Direct
Stafford Loan made on or after the date of
enactment of the Higher Education Amendments of
1998 to a borrower who, on the date of entering
into the note or other written evidence of the
loan, had no outstanding balance of principal
or interest on any loan made before such date;
and
``(ii) the loan was obtained to cover the
cost of instruction for an academic year after
the first and second year of undergraduate
education.
``(B) Limitation.--The Secretary may not repay
loans described in subparagraph (A) to cover the costs
of instruction for more than two academic years, or
three academic years in the case of a program of
instruction normally requiring five years.
``(C) Treatment of consolidation loans.--A Federal
Direct Consolidation Loan may be a qualifying loan for
the purposes of this subsection only to the extent that
such loan was used to repay a loan or loans that meet
the requirements of subparagraphs (A) and (B), as
determined in accordance with regulations prescribed by
the Secretary.
``(3) Qualifying service.--A loan shall be canceled under
paragraph (1) for service by the borrower as a full-time
teacher for each complete academic year of service, after
completion of the second academic year of service, in a public
elementary or secondary school.
``(4) Percentage of cancellation.--(A) The percent of a
loan which shall be canceled under paragraph (1) of this
subsection is at the rate of--
``(i) 30 percent for the first or second complete
academic year of qualifying service as described in
paragraph (3) (after completion of two years of
service); and
``(ii) 40 percent for the third complete year of
such qualifying service.
``(B) The total amount that may be canceled under this
subsection for any borrower shall not exceed $17,750.
``(C) If a portion of a loan is canceled under this
subsection for any year, the entire amount of interest on such
loan which accrues for such year shall be canceled.
``(D) Nothing in this section shall be construed to
authorize refunding of any repayment of a loan.
``(5) Limitation on teacher eligibility.--
``(A) Secondary school teachers.--A borrower may
not receive assistance under this subsection by virtue
of teaching in a secondary school unless such borrower
majored in the subject area in which they are teaching.
``(B) Elementary school teachers.--A borrower may
not receive assistance under this subsection by virtue
of teaching in a elementary school unless such borrower
demonstrates, in accordance with State teacher
certification or licensing requirements, subject matter
knowledge and teaching skills in reading, writing,
mathematics, and other subjects taught in elementary
schools.
``(6) Definition.--For the purpose of this section, the
term `year' where applied to service as a teacher means an
academic year as defined by the Secretary.
``(7) Prevention of double benefits.--No borrower may, for
the same volunteer service, receive a benefit under both this
section and subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12571 et seq.).
``(b) Special Rules.--
``(1) List.--If the list of schools in which a teacher may
perform service pursuant to subsection (a)(3) is not available
before May 1 of any year, the Secretary may use the list for
the year preceding the year for which the determination is made
to make such service determination.
``(2) Continuing eligibility.--Any teacher who performs
service in a school which--
``(A) meets the requirements of subsection (a)(3)
in any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be eligible for
loan cancellation pursuant to subsection (a)(1) with respect to
such subsequent years.''.
SEC. 202. GRANTS FOR ACHIEVEMENTS IN MATH, EDUCATION, AND SCIENCE.
(a) Program Authorized.--The Secretary is authorized to provide
grants to local educational agencies that have improved student
achievement in mathematics and English as demonstrated by improved
national standardized test results of students completing the 4th, 8th,
and 12th grades.
(b) Application.--To be eligible to receive a grant under this
section, a local educational agency shall submit an application to the
Secretary at such time and in such form as the Secretary may reasonable
require.
(c) Requirements.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall, by notice issued in the
Federal Register, establish any requirements necessary to implement
this section.
(d) Definition.--For purposes of this section, the term
``Secretary'' means the Secretary of Education.
(e) Authorizations.--There are authorized to be appropriated to
carry out this section $200,000,000 for each of the fiscal years 1999
through 2004.
SEC. 203. TEACHER TECHNOLOGY TRAINING.
(a) Statement of Purpose for Title I.--Section 1001(d)(4) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301(d)(4))
is amended by inserting ``, giving attention to the role technology can
play in professional development and improved teaching and learning''
before the semicolon.
(b) School Improvement.--Section 1116(c)(3) of such Act (20 U.S.C.
6317(c)(3)) is amended by adding at the end the following:
``(D) In carrying out professional development under this
paragraph a school shall give attention to professional
development that incorporates technology used to improve
teaching and learning.''.
(c) Professional Development.--Section 1119(b) of such Act (20
U.S.C. 6320(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) in subparagraph (E), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(F) include instruction in the use of
technology.''; and
(2) in paragraph (2)--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) through (I)
as subparagraphs (D) through (H), respectively.
(d) Purposes for Title II.--Section 2002(2) of such Act (20 U.S.C.
6602(2)) is amended--
(1) in subparagraph (E), by striking ``and'' after the
semicolon;
(2) in subparagraph (F), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(G) uses technology to enhance the teaching and
learning process.''.
(e) National Teacher Training Project.--Section 2103(b)(2) of such
Act (20 U.S.C. 6623(b)(2)) is amended by adding at the end the
following:
``(J) Technology.''.
(f) Local Plan for Improving Teaching and Learning.--Section
2208(d)(1)(F) of such Act (20 U.S.C. 6648(d)(1)(F)) is amended by
inserting ``, technologies,'' after ``strategies''.
(g) Authorized Activities.--Section 2210(b)(2)(C) of such Act (20
U.S.C. 6650(b)(2)(C)) is amended by striking ``and practices'' and
inserting ``practices, and technology''.
(h) Higher Education Activities.--Section 2211(a)(1)(C) of such Act
(20 U.S.C. 6651(a)(1)(C)) is amended by inserting ``, including
technological innovation,'' after ``innovation''.
SEC. 204. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) local educational agencies should use national
standardized tests to evaluate student performance in
mathematics and English at the end of each school year; and
(2) schools should end social promotion of students to the
next grade level. | TABLE OF CONTENTS:
Title I: Tax Incentives for Teachers
Title II: Other Incentives for Teachers
Student and Teachers Excellence in Education Act -
Title I: Tax Incentives for Teachers
- Amends the Internal Revenue Code to allow a nonrefundable tax credit of $2,000 (pro rated if appropriate) for full-time elementary and secondary public school teachers.
(Sec. 102) Allows tax deductions of up to $2,000 for the expenses paid by elementary and secondary public school teachers in connection with receiving accreditation from National Board for Professional Teaching Standards.
Title II: Other Incentives for Teachers
- Amends the Higher Education Act of 1965 to provide for cancellation of student loans for public elementary and secondary school teachers, under the Federal Family Education Loan program and the direct student loan program, with rates of discharge based on one to three years of teaching service.
(Sec. 202) Authorizes the Secretary of Education to make grants to local educational agencies that have improved student achievement in mathematics and English as demonstrated by improved national standardized test results of students completing the 4th, 8th, and 12th grades. Authorizes appropriations.
(Sec. 203) Amends the Elementary and Secondary Education Act of 1965 to provide for teacher technology training. Requires professional development activities to include instruction in the use of technology. Adds technology to the list of core subject areas for the National Teacher Training Project grants program (Dwight D. Eisenhower Professional Development Program). Requires local plans for improving teaching and learning to include descriptions of how their core subject area programs will incorporate technologies which meet the educational needs of individuals who are from historically underrepresented groups, or are economically disadvantaged, or have limited English language abilities, or have disabilities. Requires authorized professional development activities to incorporate effective technology for meeting the educational needs of diverse groups of students. Includes technological innovation as a higher education activity to improve teacher education programs.
(Sec. 204) Expresses the sense of Congress that: (1) local educational agencies should use national standardized tests to evaluate student performance in mathematics and English at the end of each school year; and (2) schools should end social promotion of students to the next grade level. | Student and Teachers Excellence in Education Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equitable Health Care for
Neurobiological Disorders Act of 1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are sufficient neuroscientific data to document
that many severe ``mental'' illnesses are actually physical
illnesses known as neurobiological disorders that are
characterized by significant neuroanatomical and neurochemical
abnormalities;
(2) American families should have adequate health insurance
protection for the costs of treating neurobiological disorders
that is commensurate with the protections provided for other
illnesses;
(3) currently, many public and private health insurance
programs discriminate against persons with neurobiological
disorders by providing more restrictive coverage for treatments
of those illnesses in comparison to coverage provided for
treatments of other medical problems;
(4) unequal health insurance coverage contributes to the
destructive and unfair stigmatization of persons with
neurobiological disorders that are as beyond the control of the
individuals as are cancer, diabetes, and other serious physical
health problems;
(5) about 95 percent of what is known about both normal and
abnormal structure and function of the brain has been learned
in the last 10 years, but millions of severely mentally ill
people have yet to benefit from these startling research
advances in clinical and basic neuroscience; and
(6) according to the National Institutes of Mental Health,
equitable insurance coverage for severe mental disorders will
yield $2.2 billion annually in net savings through decreased
use of general medical services and a substantial decrease in
social costs.
SEC. 3. STANDARDS FOR NONDISCRIMINATORY TREATMENT OF NEUROBIOLOGICAL
DISORDERS FOR EMPLOYER HEALTH BENEFIT PLANS.
(a) In General.--The standards for the nondiscriminatory and
equitable treatment by employer health benefit plans of individuals
with neurobiological disorders are requirements that such plans (and
carriers offering such plans) provide for coverage of services that are
essential to the effective treatment of neurobiological disorders in a
manner that--
(1) is not more restrictive than coverage provided for
other major physical illnesses;
(2) provides adequate financial protection to the person
requiring the medical treatment for a neurobiological disorder;
and
(3) is consistent with effective and common methods of
controlling health care costs for other major physical
illnesses.
(b) Plan Deemed to Meet Standards.--An employer health benefit plan
shall be deemed to meet the standards described in subsection (a) if
the plan provides for the following:
(1) Stop-loss protection for catastrophic expenses.
(2) Coverage of facility-based care.
(3) Coverage of outpatient medical management on a par with
other medical procedures to encourage the use of cost-effective
ambulatory treatment, including treatment in non-traditional
settings.
(4) Coverage of visits for psychological supportive,
therapeutic, and rehabilitative services, with coinsurance and
fees set to ensure effective cost control of high demand
services.
(5) Coverage of prescription drugs essential to the cost
effective treatment of neurobiological disorders.
(6) Coverage of medically necessary services for
comorbidity of other disorders.
SEC. 4. ENFORCEMENT THROUGH EXCISE TAX.
(a) In General.--Chapter 43 of the Internal Revenue Code of 1986
(relating to qualified pension, etc., plans) is amended by adding at
the end thereof the following new section:
``SEC. 4980C. FAILURE TO COMPLY WITH EMPLOYER HEALTH BENEFIT PLAN
STANDARDS FOR NONDISCRIMINATORY TREATMENT FOR
NEUROBIOLOGICAL DISORDERS.
``(a) Imposition of Tax.--There is hereby imposed a tax on the
failure of a carrier or an employer health benefit plan to comply with
the standards relating to the nondiscriminatory treatment of
neurobiological disorders under section 3 of the Equitable Health Care
for Neurobiological Disorders Act of 1993.
``(b) Amount of Tax.--
``(1) In general.--Subject to paragraph (2), the tax
imposed by subsection (a) shall be an amount not to exceed 25
percent of the amounts received by the carrier or under the
plan for coverage during the period such failure persists.
``(2) Limitation in case of individual failures.--In the
case of a failure that only relates to specified individuals or
employers (and not to the plan generally), the amount of the
tax imposed by subsection (a) shall not exceed the aggregate of
$100 for each day during which such failure persists for each
individual to which such failure relates. A rule similar to the
rule of section 4980B(b)(3) shall apply for purposes of this
section.<plus-minus>
``(c) Liability for Tax.--The tax imposed by this section shall be
paid by the carrier.
``(d) Exceptions.--
``(1) Corrections within 30 days.--No tax shall be imposed
by subsection (a) by reason of any failure if--
``(A) such failure was due to reasonable cause and
not to willful neglect, and
``(B) such failure is corrected within the 30-day
period beginning on earliest date the carrier knew, or
exercising reasonable diligence would have known, that
such failure existed.
``(2) Waiver by secretary.--In the case of a failure which
is due to reasonable cause and not to willful neglect, the
Secretary may waive part or all of the tax imposed by
subsection (a) to the extent that payment of such tax would be
excessive relative to the failure involved.
``(e) Definitions.--For purposes of this section, the terms
`carrier' and `employer health benefit plan' have the respective
meanings given such terms in section 5 of the Equitable Health Care for
Neurobiological Disorders Act of 1993.''
(ii) Clerical amendment.--The table of
sections for chapter 43 of such Code is amended
by adding at the end thereof the following new
items:
``Sec. 4980C. Failure to comply with
employer health benefit plan
standards for nondiscriminatory
treatment for neurobiological
disorders.''.
(b) Effective Date.--The amendments made by this subsection shall
apply to plan years beginning after December 31, 1993.
SEC. 5. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Carrier.--The term ``carrier'' means any entity which
provides health insurance or health benefits in a State, and
includes a licensed insurance company, a prepaid hospital or
medical service plan, a health maintenance organization, the
plan sponsor of a multiple employer welfare arrangement or an
employee benefit plan (as defined under the Employee Retirement
Income Security Act of 1974), or any other entity providing a
plan of health insurance subject to State insurance regulation.
(2) Employer health benefit plan.--The term ``employer
health benefit plan'' means a health benefit plan (including an
employee welfare benefit plan, as defined in section 3(1) of
the Employee Retirement Income Security Act of 1974) which is
offered to employees through an employer and for which the
employer provides for any contribution to such plan or any
premium for such plan are deducted by the employer from
compensation to the employee.
(3) Health benefit plan.--The term ``health benefit plan''
means any hospital or medical expense incurred policy or
certificate, hospital or medical service plan contract, or
health maintenance subscriber contract, or a multiple employer
welfare arrangement or employee benefit plan (as defined under
the Employee Retirement Income Security Act of 1974) which
provides benefits with respect to health care services, but
does not include--
(A) coverage only for accident, dental, vision,
disability income, or long-term care insurance, or any
combination thereof,
(B) medicare supplemental health insurance,
(C) coverage issued as a supplement to liability
insurance,
(D) worker's compensation or similar insurance, or
(E) automobile medical-payment insurance,
or any combination thereof.
(4) Neurobiological disorder.--
(A) In general.--An individual with a
``neurobiological disorder'' is an individual diagnosed
with one or more of the following conditions:
(i) Affective disorders, including bipolar
disorder and major depressive disorder.
(ii) Anxiety disorders, including
obsessive-compulsive disorder and panic
disorder.
(iii) Attention deficit disorders.
(iv) Autism and other pervasive
developmental disorders.
(v) Psychotic disorders, including
schizophrenia spectrum disorders.
(vi) Tourette's disorder.
(B) Periodic review of definition.--
(i) In general.--Not later than 6 months
after the date of the enactment of this Act,
the Secretary of Health and Human Services
shall promulgate regulations directing the
National Institute of Mental Health to conduct
a biannual review of the definition of
neurobiological disorders under subparagraph
(A). In conducting such review, the National
Institute of Mental Health shall consult with
extramural researchers to review such
definition and make recommendations for
necessary revisions.
(ii) Review by advisory council required.--
The Secretary may not promulgate any regulation
modifying the definition of neurobiological
disorders under subsection (a) until the
recommendations of the National Institute of
Mental Health under clause (i) have been
reviewed by the National Advisory Mental Health
Council. | Equitable Health Care for Neurobiological Disorders Act of 1993 - Sets standards for the nondiscriminatory and equitable treatment by employer health benefit plans of individuals with neurobiological disorders (defined as affective, anxiety, attention deficit, developmental, psychotic, and Tourette's disorders), including coverage that is no more restrictive than that provided for other major physical illnesses.
Deems a plan to meet such standards if it provides for: (1) stop-loss protection for catastrophic expenses; (2) coverage of facility-based care and specified outpatient medical management; (3) coverage of visits for psychological, therapeutic, and rehabilitative services, with coinsurance and fees to ensure effective cost control; and (4) coverage of prescription drugs and medically necessary services for comorbidity of other disorders.
Amends the Internal Revenue Code to impose an excise tax on the failure of a heath insurance carrier or an employer health benefit plan to comply with standards under this Act. | Equitable Health Care for Neurobiological Disorders Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing the Protection of our
Enduring and Established Constitutional Heritage Act'' or the ``SPEECH
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The freedom of speech and the press is enshrined in the
first amendment to the Constitution, and is necessary to promote
the vigorous dialogue necessary to shape public policy in a
representative democracy.
(2) Some persons are obstructing the free expression rights of
United States authors and publishers, and in turn chilling the
first amendment to the Constitution of the United States interest
of the citizenry in receiving information on matters of importance,
by seeking out foreign jurisdictions that do not provide the full
extent of free-speech protections to authors and publishers that
are available in the United States, and suing a United States
author or publisher in that foreign jurisdiction.
(3) These foreign defamation lawsuits not only suppress the
free speech rights of the defendants to the suit, but inhibit other
written speech that might otherwise have been written or published
but for the fear of a foreign lawsuit.
(4) The threat of the libel laws of some foreign countries is
so dramatic that the United Nations Human Rights Committee examined
the issue and indicated that in some instances the law of libel has
served to discourage critical media reporting on matters of serious
public interest, adversely affecting the ability of scholars and
journalists to publish their work. The advent of the internet and
the international distribution of foreign media also create the
danger that one country's unduly restrictive libel law will affect
freedom of expression worldwide on matters of valid public
interest.
(5) Governments and courts of foreign countries scattered
around the world have failed to curtail this practice of permitting
libel lawsuits against United States persons within their courts,
and foreign libel judgments inconsistent with United States first
amendment protections are increasingly common.
SEC. 3. RECOGNITION OF FOREIGN DEFAMATION JUDGMENTS.
(a) In General.--Part VI of title 28, United States Code, is
amended by adding at the end the following:
``CHAPTER 181--FOREIGN JUDGMENTS
``Sec.
``4101. Definitions.
``4102. Recognition of foreign defamation judgments.
``4103. Removal.
``4104. Declaratory judgments.
``4105. Attorney's fees.
``Sec. 4101. Definitions
``In this chapter:
``(1) Defamation.--The term `defamation' means any action or
other proceeding for defamation, libel, slander, or similar claim
alleging that forms of speech are false, have caused damage to
reputation or emotional distress, have presented any person in a
false light, or have resulted in criticism, dishonor, or
condemnation of any person.
``(2) Domestic court.--The term `domestic court' means a
Federal court or a court of any State.
``(3) Foreign court.--The term `foreign court' means a court,
administrative body, or other tribunal of a foreign country.
``(4) Foreign judgment.--The term `foreign judgment' means a
final judgment rendered by a foreign court.
``(5) State.--The term `State' means each of the several
States, the District of Columbia, and any commonwealth, territory,
or possession of the United States.
``(6) United states person.--The term `United States person'
means--
``(A) a United States citizen;
``(B) an alien lawfully admitted for permanent residence to
the United States;
``(C) an alien lawfully residing in the United States at
the time that the speech that is the subject of the foreign
defamation action was researched, prepared, or disseminated; or
``(D) a business entity incorporated in, or with its
primary location or place of operation in, the United States.
``Sec. 4102. Recognition of foreign defamation judgments
``(a) First Amendment Considerations.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, a domestic court shall not recognize or
enforce a foreign judgment for defamation unless the domestic court
determines that--
``(A) the defamation law applied in the foreign court's
adjudication provided at least as much protection for freedom
of speech and press in that case as would be provided by the
first amendment to the Constitution of the United States and by
the constitution and law of the State in which the domestic
court is located; or
``(B) even if the defamation law applied in the foreign
court's adjudication did not provide as much protection for
freedom of speech and press as the first amendment to the
Constitution of the United States and the constitution and law
of the State, the party opposing recognition or enforcement of
that foreign judgment would have been found liable for
defamation by a domestic court applying the first amendment to
the Constitution of the United States and the constitution and
law of the State in which the domestic court is located.
``(2) Burden of establishing application of defamation laws.--
The party seeking recognition or enforcement of the foreign
judgment shall bear the burden of making the showings required
under subparagraph (A) or (B).
``(b) Jurisdictional Considerations.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, a domestic court shall not recognize or
enforce a foreign judgment for defamation unless the domestic court
determines that the exercise of personal jurisdiction by the
foreign court comported with the due process requirements that are
imposed on domestic courts by the Constitution of the United
States.
``(2) Burden of establishing exercise of jurisdiction.--The
party seeking recognition or enforcement of the foreign judgment
shall bear the burden of making the showing that the foreign
court's exercise of personal jurisdiction comported with the due
process requirements that are imposed on domestic courts by the
Constitution of the United States.
``(c) Judgment Against Provider of Interactive Computer Service.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, a domestic court shall not recognize or
enforce a foreign judgment for defamation against the provider of
an interactive computer service, as defined in section 230 of the
Communications Act of 1934 (47 U.S.C. 230) unless the domestic
court determines that the judgment would be consistent with section
230 if the information that is the subject of such judgment had
been provided in the United States.
``(2) Burden of establishing consistency of judgment.--The
party seeking recognition or enforcement of the foreign judgment
shall bear the burden of establishing that the judgment is
consistent with section 230.
``(d) Appearances Not a Bar.--An appearance by a party in a foreign
court rendering a foreign judgment to which this section applies shall
not deprive such party of the right to oppose the recognition or
enforcement of the judgment under this section, or represent a waiver
of any jurisdictional claims.
``(e) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) affect the enforceability of any foreign judgment other
than a foreign judgment for defamation; or
``(2) limit the applicability of section 230 of the
Communications Act of 1934 (47 U.S.C. 230) to causes of action for
defamation.
``Sec. 4103. Removal
``In addition to removal allowed under section 1441, any action
brought in a State domestic court to enforce a foreign judgment for
defamation in which--
``(1) any plaintiff is a citizen of a State different from any
defendant;
``(2) any plaintiff is a foreign state or a citizen or subject
of a foreign state and any defendant is a citizen of a State; or
``(3) any plaintiff is a citizen of a State and any defendant
is a foreign state or citizen or subject of a foreign state,
may be removed by any defendant to the district court of the United
States for the district and division embracing the place where such
action is pending without regard to the amount in controversy between
the parties.
``Sec. 4104. Declaratory judgments
``(a) Cause of Action.--
``(1) In general.--Any United States person against whom a
foreign judgment is entered on the basis of the content of any
writing, utterance, or other speech by that person that has been
published, may bring an action in district court, under section
2201(a), for a declaration that the foreign judgment is repugnant
to the Constitution or laws of the United States. For the purposes
of this paragraph, a judgment is repugnant to the Constitution or
laws of the United States if it would not be enforceable under
section 4102 (a), (b), or (c).
``(2) Burden of establishing unenforceability of judgment.--The
party bringing an action under paragraph (1) shall bear the burden
of establishing that the foreign judgment would not be enforceable
under section 4102 (a), (b), or (c).
``(b) Nationwide Service of Process.--Where an action under this
section is brought in a district court of the United States, process
may be served in the judicial district where the case is brought or any
other judicial district of the United States where the defendant may be
found, resides, has an agent, or transacts business.
``Sec. 4105. Attorneys' fees
``In any action brought in a domestic court to enforce a foreign
judgment for defamation, including any such action removed from State
court to Federal court, the domestic court shall, absent exceptional
circumstances, allow the party opposing recognition or enforcement of
the judgment a reasonable attorney's fee if such party prevails in the
action on a ground specified in section 4102 (a), (b), or (c).''.
(b) Sense of Congress.--It is the Sense of the Congress that for
the purpose of pleading a cause of action for a declaratory judgment, a
foreign judgment for defamation or any similar offense as described
under chapter 181 of title 28, United States Code, (as added by this
Act) shall constitute a case of actual controversy under section
2201(a) of title 28, United States Code.
(c) Technical and Conforming Amendment.--The table of chapters for
part VI of title 28, United States Code, is amended by adding at the
end the following:
``181. Foreign judgments........................................4101.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on July 19, 2010. The summary of that version is repeated here.)
Securing the Protection of Our Enduring and Established Constitutional Heritage Act or SPEECH Act - (Sec. 3) Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation unless the domestic court determines that: (1) the defamation law applied in the foreign court's adjudication provided at least as much protection for freedom of speech and press in that case as would be provided by the First Amendment to the Constitution and by the constitution and law of the state in which the domestic court is located; or (2) even if the defamation law applied in the foreign court's adjudication did not provide as much protection for freedom of speech and press as the First Amendment to the Constitution and law of the state, the party opposing recognition or enforcement of that foreign judgment would have been found liable for defamation by a domestic court applying the First Amendment to the Constitution and the constitution and law of the state in which the domestic court is located.
Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation unless the domestic court determines that the exercise of personal jurisdiction by the foreign court comported with the due process requirements imposed on domestic courts by the Constitution. Requires the party seeking recognition or enforcement of the foreign judgment to bear the burden of making the showing that the foreign court's exercise of personal jurisdiction comported with such due process requirements.
Prohibits a domestic court from recognizing or enforcing a foreign judgment for defamation against the provider of an interactive computer service unless the domestic court determines that the judgment would be consistent with provisions of the Communications Act of 1934 affording protection for private blocking and screening of offensive material, if the information that is the subject of such judgment had been provided in the United States. Requires the party seeking recognition or enforcement of the foreign judgment to bear the burden of establishing that the judgment is consistent with such provisions.
Provides that an appearance by a party in a foreign court rendering a foreign judgment to which this Act applies shall not deprive such party of the right to oppose the recognition or enforcement of the judgment under this Act, or represent a waiver of any jurisdictional claims.
Allows removal by any defendant to the U.S. district court for the district and division embracing the place where such action is pending, without regard to the amount in controversy, of any action brought in a state domestic court to enforce a foreign judgment for defamation in which: (1) any plaintiff is a citizen of a state different from any defendant; (2) any plaintiff is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a state; or (3) any plaintiff is a citizen of a state and any defendant is a foreign state or citizen or subject of a foreign state.
Provides that any U.S. person, against whom a foreign judgment is entered on the basis of the content of any writing, utterance, or other speech by that person that has been published, may bring an action in a U.S. district court for a declaration that the foreign judgment is repugnant to the Constitution of laws of the United States.
Allows the award of reasonable attorney fees under certain conditions if the party opposing recognition or enforcement of the judgment prevails.
Expresses the sense of the Congress that, for the purpose of pleading a cause of action for a declaratory judgment, a foreign judgment for defamation or any similar offense shall constitute a case of actual controversy under the federal judicial code. | To amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments and certain foreign judgments against the providers of interactive computer services. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Achievement Through Prevention
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to expand the use of positive behavioral
interventions and supports and early intervening services in schools in
order to improve student academic achievement, reduce
overidentification of individuals with disabilities, and reduce
disciplinary problems in schools.
SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965.
(a) Title I State Plans.--Section 1111(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended by
adding at the end the following:
``(11) Positive behavioral interventions and supports.--In
the case of a State that proposes to use funds under this part
to support positive behavioral interventions and supports, the
State plan shall describe how the State educational agency
will--
``(A) assist local educational agencies in
implementing positive behavioral interventions and
supports in schools served by the local educational
agency on a whole-school basis;
``(B) provide technical assistance and training to
local educational agencies to improve and support the
development, implementation, and coordination of
comprehensive positive behavioral interventions and
supports carried out under this Act with similar
activities carried out under the Individuals with
Disabilities Education Act; and
``(C) evaluate the effects of providing positive
behavioral interventions and supports.
``(12) Early intervening services.--In the case of a State
that proposes to use funds under this part to support early
intervening services, the State plan shall describe how the
State educational agency will--
``(A) assist local educational agencies in
implementing early intervening services in schools
served by the local educational agency to reduce the
need to label children as disabled in order to address
the learning and behavioral needs of such children;
``(B) provide technical assistance and training to
local educational agencies to improve coordination of
early intervening services provided under this Act with
similar early intervening services carried out under
the Individuals with Disabilities Education Act; and
``(C) evaluate the effects of providing early
intervening services.''.
(b) Title I State Reports.--Section 1111(h)(1)(C) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is
amended--
(1) in clause (vii), by striking ``and'' after the
semicolon;
(2) in clause (viii), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(ix) the number of local educational
agencies that implement positive behavioral
interventions and supports; and
``(x) the number of students--
``(I) who are served through the
use of early intervening services; and
``(II) who in the preceding 2-year
period, received early intervening
services and who, after receiving such
services, have been identified as
eligible for, and receive, special
education and related services under
part B of the Individuals with
Disabilities Education Act.''.
(c) Title I Local Educational Agency Plans.--Section 1112(b)(1) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6312(b)(1)) is amended--
(1) in subparagraph (P), by striking ``and'' after the
semicolon;
(2) in subparagraph (Q), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following:
``(R) if the local educational agency proposes to
use subgrant funds under this part for positive
behavioral interventions and supports, a description of
the actions the local educational agency will take to
provide positive behavioral interventions and supports
and coordinate those activities with similar activities
carried out under the Individuals with Disabilities
Education Act; and
``(S) if the local educational agency proposes to
use subgrant funds under this part for early
intervening services, a description of the actions the
local educational agency will take to provide early
intervening services and coordinate those services with
similar early intervening services carried out under
the Individuals with Disabilities Education Act.''.
(d) Title I Schoolwide Programs.--
(1) Schoolwide programs.--Section 1114(b)(1)(B)(iii)(I) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6314(b)(1)(B)(iii)(I)) is amended--
(A) by redesignating items (bb) and (cc) as items
(dd) and (ee), respectively; and
(B) by inserting after item (aa) the following:
``(bb) implementation of schoolwide
positive behavioral interventions and
supports, including through
coordination with similar activities
carried out under the Individuals with
Disabilities Education Act in order to
improve academic outcomes for students
and reduce the need for suspensions,
expulsions, referrals to law
enforcement, and other actions that
remove students from instruction;
``(cc) implementation of early
intervening services, including through
coordination with similar early
intervening services carried out under
the Individuals with Disabilities
Education Act;''.
(2) Technical assistance.--Section 1116(b)(4)(B) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)(4)(B))--
(A) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively; and
(B) by inserting after clause (ii) the following:
``(iii) shall include assistance in the
implementation of schoolwide positive behavior
supports and other approaches with evidence of
effectiveness for improving the learning
environment in the school and reducing the need
for suspensions, expulsions, and other actions
that remove students from instruction,
including effective strategies for improving
coordination of community resources;''.
(e) Title I Assessments and School Improvement.--
(1) School improvement plan.--Section 1116(b)(3)(A) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)(3)(A)) is amended--
(A) in clause (ix), by striking ``and'' after the
semicolon;
(B) in clause (x), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(xi) specify whether the local
educational agency or the school will adopt and
implement policies or practices to implement or
improve positive behavioral interventions and
supports and enhance coordination with similar
activities carried out under the Individuals
with Disabilities Education Act; and
``(xii) specify whether the local
educational agency or the school will adopt and
implement policies or practices to implement or
improve early intervening services and
coordinate with similar early intervening
services carried out under the Individuals with
Disabilities Education Act.''.
(2) Local educational agency improvement plans.--Section
1116(c)(10)(C) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316(c)(10)(C)) is amended by adding at the end
the following:
``(vii) Improving or expanding positive
behavioral interventions and supports and
enhancing coordination with similar activities
under the Individuals with Disabilities
Education Act.
``(viii) Improving or expanding early
intervening services and coordinating such
services with similar early intervening
services carried out under the Individuals with
Disabilities Education Act.''.
(f) Title I School Support and Recognition.--
(1) Regional centers.--Section 1117(a)(3) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6317(a)(3)) is
amended--
(A) by striking ``of 2002 and comprehensive'' and
inserting ``of 2002, comprehensive'';
(B) by striking ``and the comprehensive'' and
inserting ``, the comprehensive''; and
(C) by inserting ``and any technical assistance
center on schoolwide positive behavioral interventions
and supports funded under section 665(b) of the
Individuals with Disabilities Education Act,'' after
``2002),''.
(2) Statewide systems for support.--Section 1117(a)(5)(B)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6317(a)(5)(B)) is amended--
(A) in clause (i), by striking the semicolon at the
end and inserting the following: ``, including by
improving or expanding the use of positive behavioral
interventions and supports aligned with similar
activities carried out under the Individuals with
Disabilities Education Act;'';
(B) in clause (iii), by striking ``and'' after the
semicolon;
(C) in clause (iv), by striking the period and
inserting a semicolon; and
(D) by adding at the end the following:
``(v) review and analyze the school's
efforts to identify and assist students with
poor academic achievement and students with
disabilities, and assist the school in
developing or improving early intervening
services that are coordinated with similar
activities carried out under the Individuals
with Disabilities Education Act;
``(vi) review and analyze the school's
efforts to address behavioral or disciplinary
problems, and assist the school in developing
or improving schoolwide positive behavioral
interventions and supports that are coordinated
with similar activities carried out under the
Individuals with Disabilities Education Act;
and
``(vii) review the number of discipline
incidents in the school and use that
information to assist the school to implement
schoolwide positive behavioral interventions
and supports or other early intervening
services, or both.''.
(g) Title I Parental Involvement.--Section 1118(e) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6318(e)) is
amended--
(1) by redesignating paragraphs (6) through (14) as
paragraphs (7) through (15), respectively; and
(2) by inserting after paragraph (5) the following:
``(6) shall provide information to school personnel,
students, and parents about the school's use of positive
behavioral interventions and supports and the expectations of
school personnel, students, and parents in supporting a safe
learning environment for all students;''.
(h) Prevention and Intervention Programs.--Section 1414(c)(8) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6434(c)(8)) is amended by inserting ``, including coordinating the use
of positive behavioral interventions and supports and early intervening
services to improve academic achievement and reduce disciplinary
actions'' before the semicolon at the end.
(i) Technical Assistance.--Section 1419 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6439) is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(3) to provide technical assistance in implementing
positive behavior interventions and supports and early
intervening services in order to improve academic achievement
and reduce disciplinary actions.''.
(j) Definition.--Section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801) is amended--
(1) by redesignating paragraphs (17) through (43) as
paragraphs (18) through (44), respectively; and
(2) by inserting after paragraph (15) the following:
``(16) Early intervening services.--The term `early
intervening services' means early intervening services
described in section 613(f)(1) of the Individuals with
Disabilities Education Act.''. | Achievement Through Prevention Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to allow states, local educational agencies, and schools to use school improvement funds to implement schoolwide positive behavioral interventions and supports and early intervening services and coordinate them with similar activities carried out under the Individuals with Disabilities Education Act. (Early intervening services are a set of coordinated services for students in kindergarten through grade 12 who are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment.)
Amends part D of title I of the ESEA to require states that receive funds for the education of neglected or delinquent children or youth to use positive behavioral interventions and supports and early intervening services to improve such students' academic performance and reduce their need for discipline. | A bill to amend the Elementary and Secondary Education Act of 1965 to allow State educational agencies, local educational agencies, and schools to increase implementation of schoolwide positive behavioral interventions and supports and early intervening services in order to improve student academic achievement, reduce overidentification of individuals with disabilities, and reduce disciplinary problems in school, and to improve coordination with similar activities and services provided under the Individuals with Disabilities Education Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lines Interfere with National
Elections Act of 2012'' or the ``LINE Act of 2012''.
SEC. 2. MINIMUM REQUIRED VOTING SYSTEMS, POLL WORKERS, AND ELECTION
RESOURCES.
(a) Minimum Requirements.--
(1) In general.--Title III of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.) is amended by adding at the end
the following new subtitle:
``Subtitle C--Additional Requirements
``SEC. 321. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS.
``(a) In General.--Each State shall provide for the minimum
required number of voting systems, poll workers, and other election
resources (including all other physical resources) for each voting site
on the day of any Federal election and on any days during which such
State allows early voting for a Federal election in accordance with the
standards determined under section 299.
``(b) Voting Site.--For purposes of this section and section 299,
the term `voting site' means a polling location, except that in the
case of any polling location which serves more than 1 precinct, such
term shall mean a precinct.
``(c) Effective Date.--Each State shall be required to comply with
the requirements of this section on and after September 15, 2014.''.
(2) Conforming amendment.--Section 401 of the Help America
Vote Act of 2002 (42 U.S.C. 15511) is amended by striking ``and
303'' and inserting ``303, and subtitle C''.
(3) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to title
III the following:
``Subtitle C--Additional Requirements
``Sec. 321. Minimum required voting systems and poll workers.''.
(b) Standards.--
(1) In general.--Title II of the Help America Vote Act of
2002 (42 U.S.C. 15321 et seq.) is amended by adding at the end
the following new subtitle:
``Subtitle E--Guidance and Standards
``SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM REQUIRED VOTING
SYSTEMS AND POLL WORKERS.
``(a) In General.--Not later than January 1, 2014, the Attorney
General, to the maximum extent practicable in coordination with the
Commission, shall issue standards regarding the minimum number of
voting systems, poll workers, and other election resources (including
all other physical resources) required under section 321 on the day of
any Federal election and on any days during which early voting is
allowed for a Federal election.
``(b) Distribution.--
``(1) In general.--The standards described in subsection
(a) shall provide for a uniform and nondiscriminatory
distribution of such systems, workers, and other resources, and
shall take into account, among other factors, the following
with respect to any voting site (as defined in section 321(b)):
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered
since the most recent Federal election.
``(E) Census data for the population served by such
voting site.
``(F) The educational levels and socio-economic
factors of the population served by such voting site.
``(G) The needs and numbers of disabled voters and
voters with limited English proficiency.
``(H) The type of voting systems used.
``(2) No factor dispositive.--The standards shall provide
that any distribution of such systems shall take into account
the totality of all relevant factors, and no single factor
shall be dispositive under the standards.
``(3) Purpose.--To the extent possible, the standards shall
provide for a distribution of voting systems, poll workers, and
other election resources with the goals of--
``(A) ensuring an equal waiting time for all voters
in the State; and
``(B) preventing a waiting time of over 1 hour at
any polling place.
``(c) Deviation.--The standards described in subsection (a) shall
permit States, upon giving reasonable public notice, to deviate from
any allocation requirements in the case of unforseen circumstances such
as a natural disaster or terrorist attack.''.
(2) Conforming amendment.--Section 202 of such Act (42
U.S.C. 15322) is amended--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively; and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) carrying out the duties described in subtitle E;''.
(3) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to title
II the following:
``Subtitle E--Guidance and Standards
``Sec. 299. Standards for establishing the minimum required voting
systems and poll workers.''.
SEC. 3. REQUIREMENTS FOR JURISDICTIONS WITH SUBSTANTIAL VOTER WAIT
TIMES.
(a) Remedial Plans for States With Excessive Wait Times.--
(1) In general.--The Help America Vote Act of 2002 (42
U.S.C. 15301 et seq.) is amended by adding at the end the
following new title:
``TITLE X--REMEDIAL PLANS FOR STATES WITH EXCESSIVE WAIT TIMES
``SEC. 1001. REMEDIAL PLANS FOR STATES WITH EXCESSIVE WAIT TIMES.
``(a) In General.--Each jurisdiction for which the Attorney
General, to the maximum extent practicable in coordination with the
Commission, determines that a substantial number of voters waited more
than 90 minutes to cast a vote in the election for Federal office held
on November 6, 2012, or any election for Federal office held on or
after such date, shall comply with a State remedial plan established
under this section in accordance with subsection (b).
``(b) State Remedial Plans.--The Attorney General, to the maximum
extent practicable in coordination with the Commission, shall establish
for each State or jurisdiction which is required to comply with this
section a State remedial plan to minimize the waiting times of voters
in the State or jurisdiction.
``(c) Jurisdiction Defined.--For purposes of this section, the term
`jurisdiction' has the meaning given the term `registrar's
jurisdiction' in section 8(j) of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg-6(j)).
``(d) Federal Register Notice.--Not later than March 1 of the year
following the year in which an election for Federal office is held, the
Attorney General, to the maximum extent practicable in coordination
with the Commission, shall publish in the Federal Register a list of
States and jurisdictions that are required to comply with a State
remedial plan under this section.
``(e) State Remedial Plan Certification.--Not later than September
1 of the year following the year in which the Attorney General
publishes in the Federal Register a list described in subsection (d),
the governor of each State included on the list shall submit to the
Attorney General a letter certifying that the State has made a good
faith effort to comply with the State remedial plan established for the
State under this section.''.
(2) Conforming amendment.--Section 401 of the Help America
Vote Act of 2002 (42 U.S.C. 15511), as amended by section
2(a)(2), is amended by striking ``and subtitle C'' and
inserting ``subtitle C, and title X''.
(3) Clerical amendment.--The table of contents of such Act
is amended by adding at the end the following:
``TITLE X--REMEDIAL PLANS FOR STATES WITH EXCESSIVE VOTER WAIT TIMES
``Sec. 1001. Remedial plans for States with excessive voter wait
times.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act. | Lines Interfere with National Elections Act of 2012 or LINE Act of 2012 - Amends the Help America Vote Act of 2002 to require each state to provide for the minimum required number of voting systems, poll workers, and other election resources (including all other physical resources) for each voting site on the day of any federal election and on any days during which the state allows early voting for a federal election in accordance with standards established under this Act.
Directs the Attorney General, to the maximum extent practicable in coordination with the Election Assistance Commission, to issue standards for a uniform and non-discriminatory distribution of such systems, workers, and other resources, taking into account with respect to any voting site, among other factors, the voting age population, the needs and numbers of disabled voters, and voters with limited English proficiency.
Requires the standards, to the extent possible, to provide for a distribution of voting systems, poll workers, and other election resources with the goal of: (1) ensuring an equal waiting time for all voters in the state, and (2) preventing a waiting time of over one hour at any polling place.
Requires each jurisdiction where a substantial number of voters waited more than 90 minutes to cast a vote in the federal election held on November 6, 2012, or any federal election held after that date, to comply with a state remedial plan to minimize voter waiting times. | A bill to amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Vehicles Promotion Act of
2006''.
SEC. 2. QUALIFIED FLEXIBLE FUEL MOTOR VEHICLE CREDIT.
(a) In General.--Section 30B of the Internal Revenue Code of 1986
(relating to alternative motor vehicle credit) is amended--
(1) in subsection (a) by striking ``and'' at the end of
paragraph (3), by striking the period and inserting ``, and''
at the end of paragraph (4), and by adding at the end the
following new paragraph:
``(5) the qualified flexible fuel motor vehicle credit
determined under subsection (f).'', and
(2) by redesignating subsections (f), (g), (h), (i), and
(j) as subsections (g), (h), (i), (j), and (k), respectively,
and by inserting after subsection (e) the following new
subsection:
``(f) Qualified Flexible Fuel Motor Vehicle Credit.--
``(1) Allowance of credit.--For purposes of subsection (a),
the qualified flexible fuel motor vehicle credit determined
under this subsection for the taxable year is an amount equal
to the sum of--
``(A) $100 for each qualified flexible fuel motor
vehicle placed in service by the taxpayer during the
taxable year that is not a new qualified hybrid motor
vehicle (as described in subsection (d)(3)), plus
``(B) $200 for each qualified flexible fuel motor
vehicle placed in service by the taxpayer during the
taxable year that is a new qualified hybrid motor
vehicle (as described in subsection (d)(3)).
``(2) Qualified flexible fuel motor vehicle.--For purposes
of this subsection--
``(A) In general.--The term `qualified flexible
fuel motor vehicle' means a motor vehicle that meets
the requirements of subparagraph (B) and is designed so
that the vehicle is propelled by an engine which can
use as a fuel a gasoline mixture of which 85 percent
(or another percentage of not less than 70 percent, as
the Secretary may determine, by rule, to provide for
requirements relating to cold start, safety, or vehicle
functions) of the volume of consists of ethanol.
``(B) Other requirements.--A vehicle meets the
requirements of this paragraph if--
``(i) the original use of the vehicle
commences with the taxpayer,
``(ii) the vehicle is acquired for use or
lease by the taxpayer and not for resale, and
``(iii) the vehicle is made by a
manufacturer in the United States.''.
(b) Termination.--Subsection (k) of section 30B of such Code (as
redesignated by subsection (a)) is amended by striking ``and'' at the
end of paragraph (3), by striking the period and inserting ``, and'' at
the end of paragraph (4), and by adding at the end the following new
paragraph:
``(5) in the case of a qualified flexible fuel motor
vehicle (as described in subsection (f)(2)), December 31,
2010.''.
(c) Conforming Amendments.--
(1) Paragraph (4) of section 30B(i) of such Code (as
redesignated by subsection (a)) is amended by striking
``subsection (g)'' and inserting ``subsection (h)''.
(2) Paragraph (6) of section 30B(i) of such Code (as
redesignated by subsection (a)) is amended by striking
``subsection (g)'' each place it appears and inserting
``subsection (h)''.
(3) Paragraph (25) of section 38(b) of such Code is amended
by striking ``section 30B(g)(1)'' and inserting ``section
30B(h)(1)''.
(4) Paragraph (3) of section 55(c) of such Code is amended
by striking ``30B(g)(2)'' and inserting ``30B(h)(2)''.
(5) Paragraph (36) of section 1016(a) of such Code is
amended by striking ``section 30B(h)(4)'' and inserting
``section 30B(i)(4)''.
(6) Subsection (m) of section 6501 of such Code is amended
by striking ``30B(h)(9)'' and inserting ``30B(i)(9)''.
(d) Effective Date.--The amendments made by this section shall
apply to purchases made after the date of the enactment of this Act, in
taxable years ending after such date.
SEC. 3. CREDIT FOR CONVERSION OF MOTOR VEHICLE TO QUALIFIED FLEXIBLE
FUEL MOTOR VEHICLE.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. CREDIT FOR CONVERSION OF MOTOR VEHICLE TO QUALIFIED
FLEXIBLE FUEL MOTOR VEHICLE.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 100 percent of the qualified
flexible fuel motor vehicle conversion expenditures made by the
taxpayer during the taxable year.
``(b) Maximum Credit.--The credit allowed under subsection (a) for
any taxable year shall not exceed $500.
``(c) Qualified Flexible Fuel Motor Vehicle Conversion
Expenditure.--For purposes of this section--
``(1) In general.--The term `qualified flexible fuel motor
vehicle conversion expenditure' means any expenditure directly
related to the process of converting a motor vehicle owned by a
taxpayer to a motor vehicle that meets the qualified flexible
fuel motor vehicle requirement described in paragraph (2).
``(2) Qualified flexible fuel motor vehicle requirement.--A
vehicle meets the qualified flexible fuel motor vehicle
requirements described in this paragraph if the vehicle is
propelled by an engine which can use as a fuel a gasoline
mixture of which 85 percent (or another percentage of not less
than 70 percent, as the Secretary may determine, by rule, to
provide for requirements relating to cold start, safety, or
vehicle functions) of the volume of consists of ethanol.
``(3) Motor vehicle.--The term `motor vehicle' means any
vehicle which is manufactured primarily for use on public
streets, roads, and highways (not including a vehicle operated
exclusively on a rail or rails) and which has at least 4
wheels.
``(d) Termination.--The credit allowed under this section shall not
apply to expenditures made after December 31, 2010.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Credit for conversion of motor vehicle to qualified
flexible fuel motor vehicle.''.
(c) Effective Date.--The amendments made by this section shall
apply to expenditures made after December 31, 2006, in taxable years
ending after such date.
SEC. 4. USE OF CAFE PENALTIES TO BUILD ALTERNATIVE FUELING
INFRASTRUCTURE.
Section 32912 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Alternative Fueling Infrastructure Grant Program.--
``(1) Trust fund.--(A) There is established in the Treasury
of the United States a trust fund, to be known as the
Alternative Fueling Infrastructure Trust Fund (referred to in
this subsection as the `Trust Fund'), consisting of such
amounts as are deposited into the Trust Fund under subparagraph
(B) and any interest earned on investment of amounts in the
Trust Fund.
``(B) The Secretary of Transportation shall remit 90
percent of the amount collected in civil penalties under this
section to the Trust Fund.
``(2) Establishment of grant program.--The Secretary of
Energy shall obligate such sums as are available in the Trust
Fund to establish a grant program to increase the number of
locations at which consumers may purchase alternative fuels.
``(3) Grant recipients.--
``(A) Allocation to corporate and nonprofit
entities.--The Secretary of Energy may allocate from
the Trust Fund such sums as the Secretary considers
appropriate to corporations (including nonprofit
corporations) with demonstrated experience in the
administration of grant funding for the purpose of
making alternative fueling infrastructure grants to
owners and operators of fueling stations. The Secretary
of Energy may allocate funds only to a corporation that
agrees to provide $1 of non-Federal contributions for
every $3 of Federal funding received under this
subparagraph. In no case may administrative expenses
exceed 5 percent of any total allocation that may be
provided. Allocations under this paragraph may be made
only for specific types of alternative fuels that can
be used in at least 50,000 automobiles produced in the
United States in the prior automobile production year.
``(B) Considerations.--In making allocations to
corporate and nonprofit entities for alternative
fueling infrastructure awards under subparagraph (A),
the Secretary shall--
``(i) consider the number of automobiles
produced for sale in the preceding production
year capable of using each specific type of
alternative fuel; and
``(ii) identify 1 primary entity per
alternative fuel capable of implementing a
national deployment program and providing
technical and marketing assistance.
``(C) Direct grants to fueling station owners and
operators.--The Secretary of Energy may award grants
directly to owners and operators of fueling stations
for the purpose of installing alternative fuel
infrastructure for specific types of alternative fuels
that can be used in not fewer than 50,000 automobiles
produced in the United States in the prior automobile
production year.
``(D) Grant recipients.--A recipient of an
allocation under subparagraph (A) and the Secretary of
Energy under subparagraph (C) shall award grants to
owners and operators of fueling stations in an amount
not greater than $150,000 per site or $500,000 per
entity. A recipient of a grant under this paragraph
shall agree to provide $1 of non-Federal contributions
for every $3 of grant funds received under this
paragraph. In no case may administrative expenses
exceed 3 percent of any grant that may be provided.
Recipients of grants shall be selected on a formal,
open, and competitive basis, based on--
``(i) the public demand for each
alternative fuel in a particular county based
on state registration records showing the
number of automobiles that can be operated with
alternative fuel;
``(ii) the opportunity to create or expand
corridors of alternative fuel stations along
interstate or State highways; and
``(iii) the opportunity to increase
economic activity in economically-depressed
communities.
``(E) Technical and marketing assistance.--A
recipient of an allocation under subparagraph (A) shall
provide technical and marketing assistance to
recipients of grant awards, including point of sale and
labeling materials.
``(4) Use of funds.--(A) Grant funds received under this
subsection may be used to--
``(i) construct new facilities to dispense
alternative fuels;
``(ii) purchase equipment to upgrade, expand, or
otherwise improve existing alternative fuel facilities;
``(iii) purchase equipment or pay for specific
turnkey fueling services by alternative fuel providers;
or
``(iv) assist with marketing, point of sale
materials, including labeling materials and any other
efforts to promote the availability of alternative
fuels.
``(5) Operation of alternative fuel stations.--Facilities
constructed or upgraded with grant funds received under this
subsection shall--
``(A) provide alternative fuel available to the
public for a period of not less than 4 years;
``(B) establish a marketing plan to advance the
sale and use of alternative fuels;
``(C) prominently display the price of alternative
fuel on the marquee and in the station;
``(D) provide point of sale materials on
alternative fuel;
``(E) clearly label the dispenser with consistent
materials;
``(F) price the alternative fuel at the same margin
that is received for unleaded gasoline; and
``(G) support and use all available tax incentives
to reduce the cost of the alternative fuel to the
lowest possible retail price.
``(6) Notification requirements.--(A) Not later than the
date on which each alternative fuel station begins to offer
alternative fuel to the public, the grant recipient that used
grant funds to construct such station shall notify the
Secretary of Energy of such opening. The Secretary of Energy
shall add each new alternative fuel station to the alternative
fuel station locator on its Website when it receives
notification under this subparagraph.
``(B) Not later than 6 months after the receipt of a grant
award under this subsection, and every 6 months thereafter,
each grant recipient shall submit a report to the Secretary of
Energy that describes--
``(i) the status of each alternative fuel station
constructed with grant funds received under this
subsection;
``(ii) the amount of alternative fuel dispensed at
each station during the preceding 6-month period; and
``(iii) the average price per gallon of the
alternative fuel sold at each station during the
preceding 6-month period.
``(7) Alternative fuel defined.--For the purposes of this
subsection, the term `alternative fuel' means--
``(A) any fuel of which at least 85 percent (or
such percentage, but not less than 70 percent, as
determined by the Secretary, by rule, to provide for
requirements relating to cold start, safety, or
automobile functions) of the volume consists of
ethanol, liquefied petroleum gas, or hydrogen; or
``(B) any mixture of biodiesel and diesel fuel
determined without regard to any use of kerosene that
contains at least 20 percent biodiesel.''. | Green Vehicles Promotion Act of 2006 - Amends the Internal Revenue Code to allow tax credits through 2010 for the purchase of a qualified flexible fuel motor vehicle and for the conversion of an existing motor vehicle into a qualified flexible fuel motor vehicle. Defines "qualified flexible fuel vehicle" to include a vehicle using fuel with an 85% ethanol content.
Establishes in the Treasury the Alternative Fueling Infrastructure Trust Fund to create a grant program for the construction and operation of alternative fuel refueling stations. Defines "alternative fuels" to mean: (1) fuels with an 85% ethanol content, liquefied petroleum gas, or hydrogen; or (2) biodiesel mixtures.
Directs the Secretary of Transportation to remit 90% of the civil penalties collected for violations of automobile fuel economy standards to the Trust Fund. | To amend the Internal Revenue Code of 1986 to provide a credit for the purchase of qualified flexible fuel motor vehicles, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Stanton-Snowy River Cave
National Conservation Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Fort Stanton-Snowy River Cave National Conservation
Area established by section 3(a).
(2) Management plan.--The term ``management plan'' means
the management plan developed for the Conservation Area under
section 4(c).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER CAVE NATIONAL
CONSERVATION AREA.
(a) Establishment; Purposes.--There is established the Fort
Stanton-Snowy River Cave National Conservation Area in Lincoln County,
New Mexico, to protect, conserve, and enhance the unique and nationally
important historic, cultural, scientific, archaeological, natural, and
educational subterranean cave resources of the Fort Stanton-Snowy River
cave system.
(b) Area Included.--The Conservation Area shall include the area
within the boundaries depicted on the map titled ``Fort Stanton-Snowy
River Cave National Conservation Area'' and dated January 25, 2007.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall submit to Congress a
map and legal description of the Conservation Area.
(2) Effect.--The map and legal description of the
Conservation Area shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
minor errors in the map and legal description.
(3) Public availability.--The map and legal description of
the Conservation Area shall be available for public inspection
in the appropriate offices of the Bureau of Land Management.
SEC. 4. MANAGEMENT OF THE CONSERVATION AREA.
(a) Management.--
(1) In general.--The Secretary shall manage the
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the resources and values of the Conservation
Area, including the resources and values described in
section 3(a); and
(B) in accordance with--
(i) this Act;
(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii) any other applicable laws.
(2) Uses.--The Secretary shall only allow uses of the
Conservation Area that are consistent with the protection of
the cave resources.
(3) Requirements.--In administering the Conservation Area,
the Secretary shall provide for--
(A) the conservation and protection of the natural
and unique features and environs for scientific,
educational, and other appropriate public uses of the
Conservation Area;
(B) public access, as appropriate, while providing
for the protection of the cave resources and for public
safety;
(C) the continuation of other existing uses or
other new uses of the Conservation Area that do not
impair the purposes for which the Conservation Area is
established;
(D) management of the surface area of the
Conservation Area in accordance with the Fort Stanton
Area of Critical Environmental Concern Final Activity
Plan dated March, 2001, or any amendments to the plan,
consistent with this Act; and
(E) scientific investigation and research
opportunities within the Conservation Area, including
through partnerships with colleges, universities,
schools, scientific institutions, researchers, and
scientists to conduct research and provide educational
and interpretive services within the Conservation Area.
(b) Withdrawals.--Subject to valid existing rights, all Federal
surface and subsurface land within the Conservation Area and all land
and interests in the land that are acquired by the United States after
the date of enactment of this Act for inclusion in the Conservation
Area, are withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the general land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation under the mineral leasing and geothermal
leasing laws.
(c) Management Plan.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall develop a
comprehensive plan for the long-term management of the
Conservation Area.
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of
the Conservation Area;
(B) incorporate, as appropriate, decisions
contained in any other management or activity plan for
the land within or adjacent to the Conservation Area;
(C) take into consideration any information
developed in studies of the land and resources within
or adjacent to the Conservation Area; and
(D) provide for a cooperative agreement with
Lincoln County, New Mexico, to address the historical
involvement of the local community in the
interpretation and protection of the resources of the
Conservation Area.
(d) Activities Outside Conservation Area.--The establishment of the
Conservation Area shall not--
(1) create a protective perimeter or buffer zone around the
Conservation Area; or
(2) preclude uses or activities outside the Conservation
Area that are permitted under other applicable laws, even if
the uses or activities are prohibited within the Conservation
Area.
(e) Research and Interpretive Facilities.--
(1) In general.--The Secretary may establish facilities
for--
(A) the conduct of scientific research; and
(B) the interpretation of the historical, cultural,
scientific, archaeological, natural, and educational
resources of the Conservation Area.
(2) Cooperative agreements.--The Secretary may, in a manner
consistent with this Act, enter into cooperative agreements
with the State of New Mexico and other institutions and
organizations to carry out the purposes of this Act.
(f) Water Rights.--Nothing in this Act constitutes an express or
implied reservation of any water right.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Fort Stanton-Snowy River National Cave Conservation Area Act - Establishes the Fort Stanton-Snowy River National Cave Conservation Area in Lincoln county, New Mexico, to protect, conserve, and enhance the unique and nationally important historic, cultural, scientific, archaeological, natural, and educational subterranean cave resources of the Fort Stanton-Snowy River cave system.
Directs the Secretary to develop a plan for the long-term management of the Conservation Area.
Authorizes the Secretary to establish facilities for: (1) the conduct of scientific research; and (2) the interpretation of the resources of the Conservation Area. | To establish the Fort Stanton-Snowy River Cave National Conservation Area, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Individuals in Medicaid Deserve Care
that is Appropriate and Responsible in its Execution Act'' or the ``IMD
CARE Act''.
SEC. 2. MEDICAID STATE PLAN OPTION TO PROVIDE SERVICES FOR CERTAIN
INDIVIDUALS WITH TARGETED SUDS IN INSTITUTIONS FOR MENTAL
DISEASES.
Section 1915 of the Social Security Act (42 U.S.C. 1396n) is
amended by adding at the end the following new subsection:
``(l) State Plan Option To Provide Services for Certain Individuals
in Institutions for Mental Diseases.--
``(1) In general.--With respect to calendar quarters
beginning during the period beginning January 1, 2019, and
ending December 31, 2023, a State may elect, through a State
plan amendment, to, notwithstanding section 1905(a), provide
medical assistance for services furnished in institutions for
mental diseases and for other medically necessary services
furnished to eligible individuals with targeted SUDs, in
accordance with the requirements of this subsection.
``(2) Payments.--
``(A) In general.--Amounts expended under a State
plan amendment under paragraph (1) for services
described in such paragraph furnished, with respect to
a 12-month period, to an eligible individual with a
targeted SUD who is a patient in an institution for
mental diseases shall be treated as medical assistance
for which payment is made under section 1903(a) but
only to the extent that such services are furnished for
not more than a period of 30 days (whether or not
consecutive) during such 12-month period.
``(B) Clarification.--Payment made under this
paragraph for expenditures under a State plan amendment
under this subsection with respect to services
described in paragraph (1) furnished to an eligible
individual with a targeted SUD shall not affect payment
that would otherwise be made under section 1903(a) for
expenditures under the State plan (or waiver of such
plan) for medical assistance for such individual.
``(3) Information required in state plan amendment.--
``(A) In general.--A State electing to provide
medical assistance pursuant to this subsection shall
include with the submission of the State plan amendment
under paragraph (1) to the Secretary--
``(i) a plan on how the State will improve
access to outpatient care during the period of
the State plan amendment, including a
description of--
``(I) the process by which eligible
individuals with targeted SUDs will
make the transition from receiving
inpatient services in an institution
for mental diseases to appropriate
outpatient care; and
``(II) the process the State will
undertake to ensure eligible
individuals with targeted SUDs are
provided care in the most integrated
setting appropriate to the needs of the
individuals; and
``(ii) a description of how the State plan
amendment ensures an appropriate clinical
screening of eligible individuals with targeted
SUDs, including assessments to determine level
of care and length of stay recommendations
based upon the multidimensional assessment
criteria of the American Society of Addiction
Medicine and to determine the appropriate
setting for such care.
``(B) Report.--Not later than the sooner of
December 31, 2024, or 1 year after the date of the
termination of a State plan amendment under this
subsection, the State shall submit to the Secretary a
report that includes at least--
``(i) the number of eligible individuals
with targeted SUDs who received services
pursuant to such State plan amendment;
``(ii) the length of the stay of each such
individual in an institution for mental
diseases;
``(iii) the type of outpatient treatment,
including medication-assisted treatment, each
such individual received after being discharged
from such institution;
``(iv) the number of eligible individuals
with any co-occuring disorders who received
services pursuant to such State plan amendment
and the co-occuring disorders from which they
suffer; and
``(v) information regarding the effects of
a State plan amendment on access to community
care for individuals suffering from a mental
disease other than substance use disorder.
``(4) Definitions.--In this subsection:
``(A) Eligible individual with a targeted sud.--The
term `eligible individual with a targeted SUD' means an
individual who--
``(i) with respect to a State, is enrolled
for medical assistance under the State plan (or
a waiver of such plan);
``(ii) is at least 21 years of age;
``(iii) has not attained 65 years of age;
and
``(iv) has been diagnosed with at least one
targeted SUD.
``(B) Institution for mental diseases.--The term
`institution for mental diseases' has the meaning given
such term in section 1905(i).
``(C) Opioid prescription pain reliever.--The term
`opioid prescription pain reliever' includes
hydrocodone products, oxycodone products, tramadol
products, codeine products, morphine products, fentanyl
products, buprenorphine products, oxymorphone products,
meperidine products, hydromorphone products, methadone,
and any other prescription pain reliever identified by
the Assistant Secretary for Mental Health and Substance
Use.
``(D) Other medically necessary services.--The term
`other medically necessary services' means, with
respect to an eligible individual with a targeted SUD
who is a patient in an institution for mental diseases,
items and services that are provided to such individual
outside of such institution to the extent that such
items and services would be treated as medical
assistance for such individual if such individual were
not a patient in such institution.
``(E) Targeted sud.--
``(i) In general.--The term `targeted SUD'
means an opioid use disorder or a cocaine use
disorder.
``(ii) Cocaine use disorder.--The term
`cocaine use disorder' means a disorder that
meets the criteria of the Diagnostic and
Statistical Manual of Mental Disorders, 4th
Edition (or a successor edition), for either
dependence or abuse for cocaine, including
cocaine base (commonly referred to as `crack
cocaine').
``(iii) Opioid use disorder.--The term
`opioid use disorder' means a disorder that
meets the criteria of the Diagnostic and
Statistical Manual of Mental Disorders, 4th
Edition (or a successor edition), for heroin
use disorder or pain reliever use disorder
(including with respect to opioid prescription
pain relievers).''.
SEC. 3. PROMOTING VALUE IN MEDICAID MANAGED CARE.
Section 1903(m) of the Social Security Act (42 U.S.C. 1396b(m)) is
amended by adding at the end the following new paragraph:
``(7)(A) With respect to expenditures described in subparagraph (B)
that are incurred by a State for any fiscal year after fiscal year 2020
(and before fiscal year 2024), in determining the pro rata share to
which the United States is equitably entitled under subsection (d)(3),
the Secretary shall substitute the Federal medical assistance
percentage that applies for such fiscal year to the State under section
1905(b) (without regard to any adjustments to such percentage
applicable under such section or any other provision of law) for the
percentage that applies to such expenditures under section 1905(y).
``(B) Expenditures described in this subparagraph, with respect to
a fiscal year to which subparagraph (A) applies, are expenditures
incurred by a State for payment for medical assistance provided to
individuals described in subclause (VIII) of section 1902(a)(10)(A)(i)
by a managed care entity, or other specified entity (as defined in
subparagraph (D)(iii)), that are treated as remittances because the
State--
``(i) has satisfied the requirement of section 438.8 of
title 42, Code of Federal Regulations (or any successor
regulation), by electing--
``(I) in the case of a State described in
subparagraph (C), to apply a minimum medical loss ratio
(as defined in subparagraph (D)(ii)) that is at least
85 percent but not greater than the minimum medical
loss ratio (as so defined) that such State applied as
of May 31, 2018; or
``(II) in the case of a State not described in
subparagraph (C), to apply a minimum medical loss ratio
that is equal to 85 percent; and
``(ii) recovered all or a portion of the expenditures as a
result of the entity's failure to meet such ratio.
``(C) For purposes of subparagraph (B), a State described in this
subparagraph is a State that as of May 31, 2018, applied a minimum
medical loss ratio (as calculated under subsection (d) of section 438.8
of title 42, Code of Federal Regulations (as in effect on June 1,
2018)) for payment for services provided by entities described in such
subparagraph under the State plan under this title (or a waiver of the
plan) that is equal to or greater than 85 percent.
``(D) For purposes of this paragraph:
``(i) The term `managed care entity' means a medicaid
managed care organization described in section
1932(a)(1)(B)(i).
``(ii) The term `minimum medical loss ratio' means, with
respect to a State, a minimum medical loss ratio (as calculated
under subsection (d) of section 438.8 of title 42, Code of
Federal Regulations (as in effect on June 1, 2018)) for payment
for services provided by entities described in subparagraph (B)
under the State plan under this title (or a waiver of the
plan).
``(iii) The term `other specified entity' means--
``(I) a prepaid inpatient health plan, as defined
in section 438.2 of title 42, Code of Federal
Regulations (or any successor regulation); and
``(II) a prepaid ambulatory health plan, as defined
in such section (or any successor regulation).''.
Passed the House of Representatives June 20, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Individuals in Medicaid Deserve Care that is Appropriate and Responsible in its Execution Act or the IMD CARE Act (Sec. 2) This bill temporarily allows states to apply to receive federal Medicaid payment for services provided in institutions for mental diseases (IMDs) and for other medically necessary services for enrollees (aged 21 to 64) with opioid-use or cocaine-use disorders. Services may be covered for a total of up to 30 days in a 12-month period for an eligible enrollee. States must include specified information in their applications, including plans to improve access to outpatient care. Current law generally prohibits federal payment under Medicaid for services provided in IMDs for individuals under the age of 65 (although states may receive payment through certain mechanisms, such as through a Medicaid demonstration waiver). (Sec. 3) Additionally, the bill temporarily eliminates the enhanced federal matching rate for Medicaid expenditures regarding specified medical services provided by certain managed care organizations. | Individuals in Medicaid Deserve Care that is Appropriate and Responsible in its Delivery Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Trauma Institute Research
Program Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Wars have always generated technological and medical
advances.
(2) Trauma is the number one killer of the Nation's
fighting soldiers, having caused over 30,000 injuries and over
4,000 deaths in the Global War on Terror.
(3) In the United States, civilian trauma is the leading
cause of death from ages 1 to 44 and is responsible for over
160,000 deaths annually.
(4) Each year trauma accounts for 37 million emergency
department visits and 2.6 million hospital admissions.
(5) Trauma is a disease affecting all ages of people, and
the impact of life years lost is 4 times greater than heart
disease or cancer.
(6) Injuries in a single year will ultimately cost the
United States $406 billion, with $326 billion in lost
productivity and $80.2 billion in medical costs (representing
approximately 6 percent of total annual health expenditures).
(7) Injury accounts for 4 of the top ten causes of death
and disability-adjusted life years lost worldwide.
(8) While the mechanisms of injury are different, military
and civilian trauma casualties are treated similarly, thus
improvements gained by focused, relevant trauma research in
each group will benefit both.
(9) Despite these alarming facts, within the context of
years of potential life lost, the National Institutes of Health
support ratio for HIV is $3.51, for cancer is $1.65, and for
trauma is $0.10 cents.
(10) Despite a mandate to promote research directed toward
specific health issues relevant to the military forces, the
Peer Reviewed Medical Research Program within the
Congressionally Directed Medical Research Programs has spent
less than a third of funding on trauma research.
(11) The National Trauma Institute (NTI) in San Antonio,
Texas, is a not-for-profit research institute formed by
military-civilian collaboration between Wilford Hall Medical
Center, San Antonio, Texas; University Hospital; the University
of Texas Health Science Center, San Antonio, Texas; and Brooke
Army Medical Center, San Antonio, Texas. NTI can build on the
military-civilian collaboration to fill the gap in trauma
research by setting a comprehensive research agenda to award
grants to the best researchers in the country.
(12) NTI, as a consortium of civilian and Department of
Defense centers, is the natural starting point to translate
battlefield innovations to civilians at home.
(13) NTI, as a centralized institute to coordinate a
national trauma research agenda, will substantially reduce the
number of injuries and deaths to the Nation's soldiers on the
battlefield and civilians at home.
SEC. 3. ESTABLISHMENT.
(a) Establishment.--The Secretary of Defense shall establish a
National Trauma Institute Research Program at the National Trauma
Institute as a military-civilian public-private partnership to
nationally fund trauma research.
(b) Purposes.--The purposes of the National Trauma Institute
Research Program shall be--
(1) to develop and implement revolutionary medical
technologies to improve injury prevention and diagnosis,
survival, and quality of life for victims of trauma and burn
injury;
(2) to implement a national multidisciplinary, multi-center
collaborative research effort; and
(3) to create and administer a competitive, peer-reviewed
trauma research grant program that supports research that
includes, at a minimum, the following:
(A) Injury prevention and education.
(B) Improved prehospital and inter-hospital triage.
(C) Resuscitation.
(D) Early, effective treatment of compressible and
non-compressible bleeding.
(E) Improved burn care.
(F) Head and spinal cord injury.
(G) Tissue engineering and regenerative medicine.
(H) Orthopedics.
(I) Improved intensive care unit treatment and
management.
(J) Enhanced rehabilitation and recovery.
(K) Trauma care systems.
(L) Outcomes.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of Defense
$25,000,000 for the first fiscal year beginning after the date of the
enactment of this Act for purposes of carrying out the activities of
the National Trauma Institute Research Program as described in this
Act. Such funds shall not be available for general administrative
expenses of the Secretary of Defense. | National Trauma Institute Research Program Act - Directs the Secretary of Defense to establish a National Trauma Institute Research Program at the National Trauma Institute as a military-civilian public-private partnership to nationally fund trauma research. | To require the Secretary of Defense to establish a National Trauma Institute Research Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cellulosic Ethanol Incentive Act of
2007''.
SEC. 2. RENEWABLE FUEL PROGRAM.
Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is
amended--
(1) in paragraph (2)(B)--
(A) in clause (i)--
(i) in the clause heading, by striking
``2012'' and inserting ``2030''; and
(ii) in the table, by striking the item
relating to 2012 and inserting the following:
``2012....................... 10
2013......................... 11
2014......................... 12.10
2015......................... 13.31
2016......................... 14.64
2017......................... 16.11
2018......................... 17.72
2019......................... 19.49
2020......................... 20.46
2021......................... 21.48
2022......................... 22.56
2023......................... 23.69
2024......................... 24.87
2025......................... 26.11
2026......................... 27.42
2027......................... 28.79
2028......................... 30.23
2029......................... 31.74
2030......................... 33.33.'';
(B) in clause (ii)--
(i) in the clause heading, by striking
``2013'' and inserting ``2031'';
(ii) by striking ``2013'' and inserting
``2031''; and
(iii) by striking ``2012'' and inserting
``2030'';
(C) by striking clause (iii) and inserting the
following:
``(iii) Minimum quantity derived from
cellulosic biomass.--
``(I) Ratio.--For calendar year
2010 and each calendar year thereafter,
the 2.5-to-1 ratio referred to in
paragraph (4) shall apply only to the
quantity of cellulosic biomass ethanol
sold or introduced into commerce during
a calendar year that is in excess of
the minimum quantity of renewable fuel
derived from cellulosic biomass
required for that calendar year.
``(II) Minimum quantity.--For
calendar year 2010 and each calendar
year thereafter, the applicable volume
referred to in clause (i) shall contain
a minimum volume of renewable fuel
derived from cellulosic biomass, as
determined in accordance with the
following table:
Minimum volume derived from cellulosic biomass (in
``Calendar year: billions of gallons):
2010.......................................... 0.25
2011.......................................... 0.25
2012.......................................... 0.5
2013.......................................... 0.65
2014.......................................... 0.85
2015.......................................... 1.10
2016.......................................... 1.64
2017.......................................... 3.11
2018.......................................... 4.72
2019.......................................... 6.49
2020.......................................... 7.46
2021.......................................... 8.48
2022.......................................... 9.56
2023.......................................... 10.69
2024.......................................... 11.87
2025.......................................... 13.11
2026.......................................... 14.42
2027.......................................... 15.79
2028.......................................... 17.23
2029.......................................... 18.74
2030.......................................... 20.33.'';
(D) in clause (iv)--
(i) by striking ``2013'' and inserting
``2031''; and
(ii) in subclause (II)--
(I) in item (aa), by striking
``7,500,000,000'' and inserting
``33,330,000,000''; and
(II) in item (bb), by striking
``2012'' and inserting ``2030''; and
(E) by adding at the end the following:
``(v) Regional requirement.--
``(I) In general.--Except as
provided in subclause (II), not less
than 30 percent of the total volume of
renewable fuel required in a State
under this subsection shall be derived
from the region of the Environmental
Protection Agency in which the State is
located.
``(II) Exception.--The
Administrator may reduce or waive the
requirement in subclause (I) for a
region if the Administrator determines
that it would be impracticable for the
region to produce the required volume
of renewable fuel.''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``2011'' and
inserting ``2029''; and
(B) in subparagraph (B), by striking ``2012'' and
inserting ``2029''. | Cellulosic Ethanol Incentive Act of 2007 - Amends the Clean Air Act to: (1) increase the volume of renewable fuel required to be in gasoline for 2012; (2) prescribe such volumes applicable for 2013 through 2030; (3) apply existing requirements (with a revised ratio) for determining volumes for years not specified to calendar year 2031 and thereafter; (4) prescribe increasing minimum quantities of renewable fuel that must be derived from cellolosic biomass for 2010 through 2030; and (5) apply, for 2010 and thereafter, the 2.5-to-1 ratio of cellulosic biomass ethanol or waste derived ethanol to renewable fuel only to the quantity of cellulosic biomass ethanol sold that is in excess of the minimum quantity of renewable fuel derived from cellulosic biomass required for that year.
Requires not less than 30% of the total volume of renewable fuel required in a state under this Act to be derived from the Environmental Protection Agency (EPA) region in which the state is located. Allows the Administrator of the EPA to reduce or waive such requirement if it would be impracticable for the region to produce the required volume of renewable fuel. | A bill to amend the Clean Air Act to require a higher volume of renewable fuel derived from cellulosic biomass, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Correctional Health Act of
2003''.
SEC. 2. ESTABLISHMENT OF OFFICE OF CORRECTIONAL HEALTH.
Title XVII of the Public Health Service Act (42 U.S.C. 300u et
seq.) is amended by adding at the end the following section:
``office of correctional health
``Sec. 1711. (a) In General.--There is established within the
Office of Public Health and Science an office to be known as the Office
of Correctional Health (in this section referred to as the `Office'),
which shall be headed by a director appointed by the Secretary. The
Secretary shall carry out this section acting through the Director of
the Office.
``(b) General Duties.--
``(1) In general.--The Secretary shall carry out public
health activities regarding individuals who are employees in
Federal, State, or local penal or correctional institutions or
who are incarcerated in such institutions (which activities
regarding such individuals are referred to in this section as
`correctional health activities', and which individuals are so
referred to collectively as `correctional populations').
Correctional health activities that may be carried out under
the preceding sentence include activities regarding disease
prevention, health promotion, service delivery, research, and
health professions education.
``(2) Certain types of institutions.--The types of penal or
correctional institutions with respect to which this section is
authorized to be carried out include facilities in which
individuals are held pending judicial proceedings (including
individuals who are minors), facilities in which individuals
are held pending administrative proceedings of the Immigration
and Naturalization Service, and facilities in which individuals
who are minors are held pursuant to judicial proceedings in
which such individuals are found, as minors, to have engaged in
violations of law.
``(c) Certain Activities.--In carrying out correctional health
activities under subsection (b), the Secretary shall--
``(1) coordinate all correctional health programs within
the Department of Health and Human Services;
``(2) provide technical support to State and local
correctional agencies on correctional health issues;
``(3) cooperate with other Federal agencies carrying out
correctional health programs to ensure coordination of such
programs;
``(4) consult with, and provide outreach to, State
directors of correctional health and providers of correctional
health care;
``(5) facilitate the exchange of information regarding
correctional health activities; and
``(6) facilitate collaboration between correctional
facilities and State and local health departments.
``(d) Grants Regarding Hepatitis.--
``(1) In general.--The Secretary, in consultation with the
Director of the Centers for Disease Control and Prevention, may
make grants to States for the purpose of providing for
correctional populations screenings, immunizations, and
treatment for hepatitis A, B, and C.
``(2) Discretion of grantee regarding scope of program.--A
State receiving a grant under paragraph (1) may expend the
grant for any or all of the activities authorized in such
paragraph.
``(3) Requirement of matching funds.--
``(A) In general.--With respect to the costs of the
program to be carried out under paragraph (1) by a
State, the Secretary may make a grant under such
paragraph only if the State agrees to make available
(directly or through donations from public or private
entities) non-Federal contributions toward such costs
in an amount not less than 20 percent of such costs ($1
for each $4 of Federal funds provided in the grant).
``(B) Determination of amount contributed.--Non-
Federal contributions required in subparagraph (A) may
be in cash or in kind, fairly evaluated, including
plant, equipment, or services. Amounts provided by the
Federal Government, or services assisted or subsidized
to any significant extent by the Federal Government,
may not be included in determining the amount of such
non-Federal contributions.
``(4) Certain expenditures of grant.--The Secretary may
make a grant under paragraph (1) only if, with respect to the
activities to be carried out with the grant pursuant to
paragraph (2), the State agrees that a portion of the grant
will be expended to carry out such activities at penal or
correctional institutions that are not facilities in which
individuals serve terms of imprisonment, including facilities
in which individuals are held pending judicial proceedings.
``(e) Annual Report.--The Secretary shall annually submit to the
Congress a report describing the correctional health activities carried
out under this section. The report shall include a description of the
status of correctional health activities in the United States.
``(f) Rule of Construction Regarding Agency Jurisdiction.--With
respect to correctional health programs that are carried out by
agencies of the Public Health Service and were in operation as of the
day before the date of the enactment of the Office of Correctional
Health Act of 2003, this section may not be construed as requiring the
Secretary to transfer jurisdiction for the programs from such agencies
to the office established in subsection (a).
``(g) Authorization of Appropriations.--
``(1) In general.--For the purpose of carrying out this
section, other than subsection (d), there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2004 through 2008.
``(2) Grants regarding hepatitis.--For the purpose of
carrying out subsection (d), there are authorized to be
appropriated $15,000,000 for each of the fiscal years 2004
through 2006, and $5,000,000 for each of the fiscal years 2007
and 2008.''. | Office of Correctional Health Act of 2003 - Amends the Public Health Service Act to establish within the Office of Public Health and Science of the Public Health Service the Office of Correctional Health. Requires the Office to carry out public health activities for employees in Federal, State, or local penal or correctional institutions or for persons incarcerated in such institutions (collectively referred to as correctional populations). Includes among such activities disease prevention, health promotion, service delivery, research, and health professions education activities.Authorizes the Secretary to make grants to States to provide for correctional populations screenings, immunizations, and treatment for hepatitis A, B, and C. Sets forth a matching requirement for such grants. Requires a portion of each grant to be expended to carry out such activities at penal or correctional facilities that are not facilities in which individuals serve terms of imprisonment, including remand facilities. | To amend the Public Health Service Act to establish an Office of Correctional Health. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandates Information Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) before acting on proposed private sector mandates,
Congress should carefully consider their effects on consumers,
workers, and small businesses;
(2) Congress has often acted without adequate information
concerning the costs of private sector mandates, instead
focusing only on their benefits;
(3) the implementation of the Unfunded Mandates Reform Act
of 1995 has resulted in increased awareness of
intergovernmental mandates without impacting existing
environmental, public health, or safety laws or regulations;
(4) the implementation of this Act will enhance the
awareness of prospective mandates on the private sector without
adversely affecting the environment, public health, or safety
laws or regulations;
(5) the costs of private sector mandates are often borne in
part by consumers, in the form of higher prices and reduced
availability of goods and services;
(6) the costs of private sector mandates are often borne in
part by workers, in the form of lower wages, reduced benefits,
and fewer job opportunities; and
(7) the costs of private sector mandates are often borne in
part by small businesses, in the form of hiring disincentives
and stunted economic growth.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to improve the quality of Congress' deliberation with
respect to proposed mandates on the private sector, by--
(A) providing Congress with more complete
information about the effects of such mandates; and
(B) ensuring that Congress acts on such mandates
only after focused deliberation on their effects; and
(2) to enhance the ability of Congress to distinguish
between private sector mandates that harm consumers, workers,
and small businesses, and mandates that help those groups.
SEC. 4. FEDERAL PRIVATE SECTOR MANDATES.
(a) In General.--
(1) Estimates.--Section 424(b) of the Congressional Budget
Act of 1974 (2 U.S.C. 658c(b)) is amended by adding at the end
the following:
``(4) Estimate of indirect impacts.--
``(A) In general.--In preparing estimates under
paragraph (1), the Director shall also estimate, if
feasible, the impact (including any disproportionate
impact in particular regions or industries) on
consumers, workers, and small businesses, of the
Federal private sector mandates in the bill or joint
resolution, including--
``(i) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on consumer prices and on the
actual supply of goods and services in consumer
markets;
``(ii) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on worker wages, worker
benefits, and employment opportunities; and
``(iii) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on the hiring practices,
expansion, and profitability of businesses with
100 or fewer employees.
``(B) Estimate not considered in determination.--
The estimate prepared under this paragraph shall not be
considered in determining whether the direct costs of all Federal
private sector mandates in the bill or joint resolution will exceed the
threshold specified in paragraph (1).''.
(2) Point of order.--Section 424(b)(3) of the Congressional
Budget Act of 1974 (2 U.S.C. 658c(b)(3)) is amended by adding
after the period at the end the following new sentence: ``If
such determination is made by the Director, a point of order
under this part shall lie only under section 425(a)(1) and as
if the requirement of section 425(a)(1) had not been met.''.
(3) Threshold amounts.--Section 425(a) of the Congressional
Budget Act of 1974 (2 U.S.C. 658d(a)(2)) is amended--
(A) by striking ``and'' after the semicolon at the
end of paragraph (1) and redesignating paragraph (2) as
paragraph (3); and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) any bill, joint resolution, amendment, motion, or
conference report that would increase the direct costs of
Federal private sector mandates (excluding any direct costs
that are attributable to revenue resulting from tax or tariff
provisions of any such measure if it does not raise net tax and
tariff revenues over the 5-fiscal-year period beginning with
the first fiscal year such measure affects such revenues) by an
amount that causes the thresholds specified in section
424(b)(1) to be exceeded; and''; and
(3) in paragraph (3) (as redesignated), by striking
``Federal intergovernmental mandates by an amount that causes
the thresholds specified in section 424(a)(1)'' and inserting
``Federal mandates by an amount that causes the thresholds
specified in section 424 (a)(1) or (b)(1)''.
(4) Application relating to appropriations committees.--
Section 425(c)(1)(B) of the Congressional Budget Act of 1974 (2
U.S.C. 658d(c)(1)(B)) is amended--
(A) in clause (i) by striking
``intergovernmental'';
(B) in clause (ii) by striking
``intergovernmental'';
(C) in clause (iii) by striking
``intergovernmental''; and
(D) in clause (iv) by striking
``intergovernmental''.
(5) Application relating to congressional budget office.--
Section 427 of the Congressional Budget Act of 1974 (2 U.S.C.
658f) is amended by striking ``intergovernmental''.
(b) Rules of the House of Representatives.--Clause 11(b) of rule
XVIII of the Rules of the House of Representatives is amended by
striking ``intergovernmental'' and by striking ``section 424(a)(1)''
and inserting ``section 424(a)(1) or (b)(1)''.
(c) Exercise of Rulemaking Powers.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they shall be considered as part of the rules of such House,
respectively, and such rules shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of each House.
SEC. 5. FEDERAL INTERGOVERNMENTAL MANDATE.
Section 421(5)(B) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 658(5)(B)) is amended--
(1) by striking ``the provision'' after ``if'';
(2) in clause (i)(I) by inserting ``the provision'' before
``would'';
(3) in clause (i)(II) by inserting ``the provision'' before
``would''; and
(4) in clause (ii)--
(A) by inserting ``that legislation, statute, or
regulation does not provide'' before ``the State''; and
(B) by striking ``lack'' and inserting ``new or
expanded''. | Mandates Information Act of 2001- Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office, in preparing estimates of the direct costs of a Federal private sector mandate, to estimate, if feasible, the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries.Provides a point of order against legislation that would increase the direct costs of Federal private sector mandates (excluding direct costs attributable to revenue resulting from tax or tariff provisions of any such measure if it does not raise net tax and tariff revenues over the five-fiscal-year period beginning with the first fiscal year such measure affects such revenues) by an amount that causes the stated threshold of $100 million per fiscal year to be exceeded. | To improve congressional deliberation on proposed Federal private sector mandates, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``____ Act of 2003''.
SEC. 2. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT PERSONNEL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. RESERVE COMPONENT EMPLOYMENT CREDIT.
``(a) General Rule.--For purposes of section 38, the reserve
component employment credit determined under this section is an amount
equal to the sum of--
``(1) the employment credit with respect to all qualified
employees of the taxpayer, plus
``(2) the self-employment credit of a qualified self-
employed taxpayer.
``(b) Employment Credit.--For purposes of this section--
``(1) In general.--The employment credit with respect to a
qualified employee of the taxpayer for any taxable year is
equal to 100 percent of the excess, if any, of--
``(A) the qualified employee's average daily
qualified compensation for the taxable year, over
``(B) the average daily military pay and allowances
received by the qualified employee during the taxable
year,
while participating in qualified reserve component duty to the
exclusion of the qualified employee's normal employment duties
for the number of days the qualified employee participates in
qualified reserve component duty during the taxable year,
including time spent in a travel status. The employment credit, with
respect to all qualified employees, is equal to the sum of the
employment credits for each qualified employee under this subsection.
``(2) Average daily qualified compensation and average
daily military pay and allowances.--As used with respect to a
qualified employee--
``(A) the term `average daily qualified
compensation' means the qualified compensation of the
qualified employee for the taxable year divided by the
difference between--
``(i) 365, and
``(ii) the number of days the qualified
employee participates in qualified reserve
component duty during the taxable year,
including time spent in a travel status, and
``(B) the term `average daily military pay and
allowances' means--
``(i) the amount paid to the qualified
employee during the taxable year as military
pay and allowances on account of the qualified
employee's participation in qualified reserve
component duty, divided by
``(ii) the total number of days the
qualified employee participates in qualified
reserve component duty, including time spent in
travel status.
``(3) Qualified compensation.--When used with respect to
the compensation paid or that would have been paid to a
qualified employee for any period during which the qualified
employee participates in qualified reserve component duty, the
term `qualified compensation' means--
``(A) compensation which is normally contingent on
the qualified employee's presence for work and which
would be deductible from the taxpayer's gross income
under section 162(a)(1) if the qualified employee were
present and receiving such compensation,
``(B) compensation which is not characterized by
the taxpayer as vacation or holiday pay, or as sick
leave or pay, or as any other form of pay for a
nonspecific leave of absence, and with respect to which
the number of days the qualified employee participates
in qualified reserve component duty does not result in
any reduction in the amount of vacation time, sick
leave, or other nonspecific leave previously credited
to or earned by the qualified employee, and
``(C) group health plan costs (if any) with respect
to the qualified employee.
``(4) Qualified employee.--The term `qualified employee'
means a person who--
``(A) has been an employee of the taxpayer for the
21-day period immediately preceding the period during
which the employee participates in qualified reserve
component duty, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States as
defined in sections 10142 and 10101 of title 10, United
States Code.
``(c) Self-Employment Credit.--
``(1) In general.--The self-employment credit of a
qualified self-employed taxpayer for any taxable year is equal
to 100 percent of the excess, if any, of--
``(A) the self-employed taxpayer's average daily
self-employment income for the taxable year over
``(B) the average daily military pay and allowances
received by the taxpayer during the taxable year, while
participating in qualified reserve component duty to
the exclusion of the taxpayer's normal self-employment
duties for the number of days the taxpayer participates
in qualified reserve component duty during the taxable
year, including time spent in a travel status.
``(2) Average daily self-employment income and average
daily military pay and allowances.--As used with respect to a
self-employed taxpayer--
``(A) the term `average daily self-employment
income' means the self-employment income (as defined in
section 1402) of the taxpayer for the taxable year plus
the amount paid for insurance which constitutes medical
care for the taxpayer for such year (within the meaning
of section 162(l)) divided by the difference between--
``(i) 365, and
``(ii) the number of days the taxpayer
participates in qualified reserve component
duty during the taxable year, including time
spent in a travel status, and
``(B) the term `average daily military pay and
allowances' means--
``(i) the amount paid to the taxpayer
during the taxable year as military pay and
allowances on account of the taxpayer's
participation in qualified reserve component
duty, divided by
``(ii) the total number of days the
taxpayer participates in qualified reserve
component duty, including time spent in travel
status.
``(3) Qualified self-employed taxpayer.--The term
`qualified self-employed taxpayer' means a taxpayer who--
``(A) has net earnings from self-employment (as
defined in section 1402) for the taxable year, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States.
``(d) Credit in Addition to Deduction.--The employment credit
provided in this section is in addition to any deduction otherwise
allowable with respect to compensation actually paid to a qualified
employee during any period the qualified employee participates in
qualified reserve component duty to the exclusion of normal employment
duties.
``(e) Limitations.--
``(1) Disallowance for failure to comply with employment or
reemployment rights of members of the reserve components of the
armed forces of the united states.--No credit shall be allowed
under subsection (a) to a taxpayer for--
``(A) any taxable year in which the taxpayer is
under a final order, judgment, or other process issued
or required by a district court of the United States
under section 4323 of title 38 of the United States
Code with respect to a violation of chapter 43 of such
title, and
``(B) the 2 succeeding taxable years.
``(2) Disallowance with respect to persons ordered to
active duty for training.--No credit shall be allowed under
subsection (a) to a taxpayer with respect to any period for
which the person on whose behalf the credit would otherwise be
allowable is called or ordered to active duty for any of the
following types of duty:
``(A) active duty for training under any provision
of title 10, United States Code,
``(B) training at encampments, maneuvers, outdoor
target practice, or other exercises under chapter 5 of
title 32, United States Code, or
``(C) full-time National Guard duty, as defined in
section 101(d)(5) of title 10, United States Code.
``(f) General Definitions and Special Rules.--
``(1) Military pay and allowances.--The term `military pay'
means pay as that term is defined in section 101(21) of title
37, United States Code, and the term `allowances' means the
allowances payable to a member of the Armed Forces of the
United States under chapter 7 of that title.
``(2) Qualified reserve component duty.--The term
`qualified reserve component duty' includes only active duty
performed, as designated in the reservist's military orders, in
support of a contingency operation as defined in section
101(a)(13) of title 10, United States Code.
``(3) Normal employment and self-employment duties.--A
person shall be deemed to be participating in qualified reserve
component duty to the exclusion of normal employment or self-
employment duties if the person does not engage in or undertake
any substantial activity related to the person's normal
employment or self-employment duties while participating in
qualified reserve component duty unless in an authorized leave
status or other authorized absence from military duties. If a
person engages in or undertakes any substantial activity
related to the person's normal employment or self-employment
duties at any time while participating in a period of qualified
reserve component duty, unless during a period of authorized
leave or other authorized absence from military duties, the
person shall be deemed to have engaged in or undertaken such
activity for the entire period of qualified reserve component
duty.
``(4) Certain rules to apply.--Rules similar to the rules
of subsections (c), (d), and (e) of section 52 shall apply for
purposes of this section.''.
(b) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended--
(1) by striking ``plus'' at the end of paragraph (14),
(2) by striking the period at the end of paragraph (15) and
inserting ``, plus'', and
(3) by adding at the end the following new paragraph:
``(16) the reserve component employment credit determined
under section 45G(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45F the
following new item:
``Sec. 45G. Reserve component employment
credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Amends the Internal Revenue Code to allow employers an income tax credit with respect to employees who participate in the military reserve components, and to allow a comparable credit for participating reserve component self-employed individuals. | A bill to amend the Internal Revenue Code of 1986 to allow employers a credit against income tax with respect to employees who participate in the military reserve components and to allow a comparable credit for participating reserve component self-employed individuals, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Children with Autism
through Education Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Autism is widely recognized as an urgent national
healthcare crisis. According to the Centers for Disease Control
and Prevention, the prevalence rate of autism is 0.75 percent,
or one in every 150 children born today.
(2) Based on statistics from the Department of Education
and other governmental agencies, autism is growing at the rate
of ten to 17 percent per year. At this rate, the estimates of
the prevalence of autism could reach 4,000,000 Americans in the
next decade.
(3) While no known cure for autism exists, the general
agreement is that early diagnosis followed by appropriate
intervention can improve outcomes for later years for most
children with autism.
(4) The National Council on Disability reported that
students with autism should be provided with the opportunities
and encouragement necessary to achieve the same general
outcomes that are viewed as essential for all students.
However, the special characteristics of students with autism
indicate certain outcomes that require increased emphasis. In
particular, educational programs for these individuals should
include as objectives the development of social competence and
independence in the performance of life skills.
(5) The limited access to successful evidence-based
services for children with autism is a major impediment to the
implementation of quality services in public schools. Without
these programs, successful interventions are not provided as
part of a child's Individualized Education Program (IEP). As a
result, individuals and families who wish to access services
are often only able to do so through incurring significant non-
reimbursable costs.
(6) The Individuals with Disabilities Education Act (IDEA)
guarantees a continuum of education and service options in the
least restrictive environment for students with disabilities.
However, meeting these requirements is challenging because many
regular educators do not have education or practical experience
with instruction of children with autism, and even experienced
special education teachers may need additional preparation to
work effectively with students who have autism.
SEC. 3. DEFINITIONS.
In this Act:
(1) Autism.--The term ``autism'' means an autism spectrum
disorder or a related developmental disability that is the
result of a neurological disorder affecting the normal
functioning of the brain and impacting development in the areas
of social interaction and communication skills.
(2) Cost-effectiveness.--The term ``cost-effectiveness''
describes an alternative that effectively balances costs and
benefits delivering maximum benefits for the investment costs.
(3) Evidence-based.--The term ``evidence-based'' means
research that applies rigorous, systematic, and objective
procedures to obtain valid knowledge relevant to autism
instruction, and includes research that employs experimental,
quasi-experimental, and qualitative research methods involving
rigorous data analyses that are adequate to test the stated
hypotheses and justify the general conclusions drawn.
(4) Intervention.--The term ``intervention'' means the
application of a structured, individualized approach to skill-
development for children with autism.
(5) Learning models.--The term ``learning models'' means
any complimentary learning techniques designed to improve
classroom learning for students with autism, incorporating
curricula, courses, lessons, books, and workbooks.
(6) Professional development needs.--The term
``professional development needs'' means job-embedded, ongoing
professional development that helps teachers, administrators,
and school leaders identify the potential indicators of autism,
and implement proven strategies to improve the quality of
learning for individuals with autism.
(7) Promising best practices.--The term ``promising best
practices'' means any technique, method, process, activity,
incentive, or reward with demonstrated success in the learning
environment.
(8) Services.--The term ``services'' means any
complementary interventions or therapies done on an individual
basis or integrated into an educational program, in an effort
to help increase communication skills, develop social
interaction, promote pro-social behavior, increase academic
achievement, and provide a sense of accomplishment.
(9) State.--The term ``State'' means any of the 50 States,
the District of Columbia, and Puerto Rico.
(10) Task force.--The term ``Task Force'' means the
Empowering Children with Autism through Education Task Force
established by the Secretary of Education under section 4(a).
SEC. 4. ESTABLISHMENT OF TASK FORCE.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Education shall establish a
task force to be known as the Empowering Children with Autism through
Education Task Force.
(b) Purpose.--The purpose of the Task Force is to identify and
disseminate evidence-based educational strategies and promising best
practices to improve the quality of learning for individuals with
autism in grades K-12, including the following:
(1) Learning models, interventions, and services that
demonstrate improvements in reading, writing, and math
proficiency for individuals with autism.
(2) The cost-effectiveness of these learning models,
interventions, and services, and their applicability for local
education agencies.
(3) Professional development needs of educators who serve
individuals with autism.
(4) Methods for incorporating State-, local- and community-
based programs and services into the classroom to provide
comprehensive support for individuals with autism.
(5) Identification of barriers to successful implementation
of programs and services related to the education of and
provision of services to children with autism and
recommendations to address those barriers.
(6) Dissemination of findings to Congress, all relevant
agencies, and States and United States territories to improve
the quality of learning for individuals with autism.
SEC. 5. MEMBERSHIP OF TASK FORCE.
(a) Composition.--The Task Force shall be composed of not fewer
than 20 members who meet quarterly, of whom--
(1) four shall be appointed by the Secretary of Education;
(2) four shall be appointed by the Secretary of Education
from among persons recommended by the National Institutes of
Health;
(3) four shall be appointed by the Secretary of Education
from among persons recommended by the National Council on
Disability;
(4) four shall be appointed by the Secretary of Education
from among persons recommended by organizations that advocate
for individuals with autism and their families; and
(5) four shall be appointed by the Secretary of Education
from among persons recommended by State education agencies to
represent school districts.
(b) Expertise.--The Secretary shall ensure that the Task Force
includes at minimum--
(1) special education professionals with expertise in
autism, general education teachers, and teachers with
experience developing and implementing classroom learning
models for students with autism;
(2) healthcare providers with expertise in treating
children with autism, including at least one speech language
pathologist;
(3) individuals with autism, families affected by autism,
and members of organizations that advocate for individuals with
autism and their families, whose representation on the Task
Force shall not be less than one-fourth of all members; and
(4) health or education economists or other individuals
with expertise in cost-benefit analysis and health or education
policy.
SEC. 6. REPORTING REQUIREMENTS.
(a) Submission.--
(1) In general.--Not later than 27 months after the date of
the enactment of this Act, the Task Force shall submit to
Congress, the Secretary of Education, and the National
Institutes of Health a report detailing its findings under
section 4(b).
(2) Guidance to states.--Not later than 27 months after the
date of the enactment of this Act, the Secretary of Education,
in conjunction with the heads of relevant agencies, shall
disseminate to the relevant departments of each State and of
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands the report of the
Task Force under paragraph (1) with the purpose of providing
practical guidance to improve the quality of learning for
individuals with autism in grades K-12.
(b) Contents of Report.--The report submitted by the Task Force
under subsection (a)(1) shall include--
(1) measures taken to identify evidence-based learning
models, interventions and services, and promising best
practices, for improving the quality of learning for
individuals with autism in grades K-12, including steps taken
to ensure the participation of individuals with autism, their
families, and their advocates;
(2) recommendations of learning models, interventions,
services, and promising best practices most applicable, cost-
effective, and likely to raise proficiency in reading, writing,
and math for individuals with autism in grades K-12;
(3) assessment of existing professional development
programs for educators who work with students with autism, and
recommendations for expanding professional development programs
to meet the growing need for qualified educators specializing
in classroom instruction for individuals with autism in grades
K-12, including--
(A) institutional limitations;
(B) considerations of existing continuing education
or professional development requirements;
(C) considerations of costs to educators associated
with professional development; and
(D) quantitative analysis of resources needed for
the establishment of State autism plans, provisions for
professional development, and the integration of
community services; and
(4) overview of the States' and local school districts'
capacity to overcome barriers to successful development,
enhancement and implementation of programs and services for
improving the quality of education for individuals with autism
in grades K-12, including--
(A) school-, district-, and State-wide
institutional limitations;
(B) categorical comparisons between regions, urban
and rural areas, socio-economic groups, and ethnic
groups; and
(C) quantitative analysis of resources needed for
the establishment of district-wide autism plans, the
purchase of new learning materials, increased
performance on State assessments, improved graduation
rates, and the implementation of learning models,
interventions, services, and promising best practices
most likely to raise proficiency in reading, writing,
and math for individuals with autism in grades K-12. | Empowering Children with Autism through Education Act of 2007 - Requires the Secretary of Education to establish the Empowering Children with Autism through Education Task Force to identify and disseminate evidence-based educational strategies and promising best practices to improve the quality of learning for individuals with autism in grades K-12, including regarding: (1) learning models, interventions, and services that demonstrate improvements in reading, writing, and math proficiency; (2) the cost-effectiveness of these learning models, interventions, and services, and their applicability for local education agencies; (3) professional development needs of educators; (4) methods for incorporating state-, local- and community-based programs and services into the classroom to provide comprehensive support; (5) identification of barriers to successful implementation of programs and services and recommendations to address those barriers; and (6) dissemination of findings to Congress, all relevant agencies, and states and U.S. territories to improve the quality of learning for individuals with autism. | To require the establishment of a task force to identify and disseminate evidence-based educational strategies and promising best practices to improve the quality of learning for individuals with autism in grades K-12. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smart Planning for Smart Growth Act
of 2009''.
SEC. 2. GREENHOUSE GAS EMISSIONS REDUCTIONS THROUGH TRANSPORTATION
EFFICIENCY.
Title I of the Clean Air Act is amended by inserting after section
179B (42 U.S.C. 7509a) the following:
``SEC. 179C. GREENHOUSE GAS EMISSIONS REDUCTIONS THROUGH TRANSPORTATION
EFFICIENCY.
``(a) In General.--Each State shall--
``(1) not later than 3 years after the date of the
enactment of this section, submit to the Administrator goals
for transportation-related greenhouse gas emissions reductions;
and
``(2) as part of each transportation plan or transportation
improvement plan developed under title 23 or title 49, United
States Code, ensure that a plan to achieve such goals, or an
updated version of such a plan, is submitted to the
Administrator and to the Secretary of Transportation (in this
section referred to as the `Secretary') by each metropolitan
planning organization in the State for an area with a
population exceeding 200,000.
``(b) Models and Methodologies.--
``(1) In general.--The Administrator shall promulgate
regulations to establish standardized models and methodologies
for use in developing goals, plans, and strategies under this
section. Such regulations may approve or improve existing
models and methodologies.
``(2) Timing.--The Administrator shall--
``(A) publish proposed regulations under paragraph
(1) not later than 1 year after the date of the
enactment of this section; and
``(B) promulgate final regulations under paragraph
(1) not later than 2 years after such date of
enactment.
``(c) Greenhouse Gas Reduction Goals.--
``(1) Consultation.--Each State shall develop the goals
referred to in subsection (a)(1)--
``(A) in concurrence with State agencies
responsible for air quality and transportation;
``(B) in consultation with each metropolitan
planning organization for an area in the State with a
population exceeding 200,000 and applicable local air
quality and transportation agencies; and
``(C) with public involvement, including public
comment periods and meetings.
``(2) Period.--The goals referred to in subsection (a)(1)
shall be for 10- and 20-year periods.
``(3) Targets; designated year.--The goals referred to in
subsection (a)(1) shall establish targets to reduce mobile
source greenhouse gas emissions in the covered area from levels
projected under a business-as-usual scenario. The targets shall
be designed to ensure that the levels of such emissions
stabilize and decrease after a designated year. The State shall
consider designating 2010 as such designated year.
``(4) Covered area.--The goals referred to in subsection
(a)(1) shall be established--
``(A) on a statewide basis; and
``(B) for each metropolitan planning organization
in the State for an area with a population exceeding
200,000.
``(5) Revised goals.--Every 4 years, each State shall
update and revise, as appropriate, the goals referred to in
subsection (a)(1).
``(d) Planning.--A plan referred to in subsection (a)(2) shall--
``(1) be based upon the models and methodologies
established by the Administrator under subsection (b);
``(2) address mobile sources, economic development, and
scenario analysis; and
``(3) be developed--
``(A) with public involvement, including public
comment periods and meetings;
``(B) with regional coordination, including with
respect to--
``(i) metropolitan planning organizations;
``(ii) the localities comprising the
metropolitan planning organization;
``(iii) the State in which the metropolitan
planning organization is located; and
``(iv) air quality and transportation
agencies for the State and region involved; and
``(C) in consultation with the State and local
housing, public health, economic development, land use,
environment, and public transportation agencies.
``(e) Strategies.--In developing goals under subsection (a)(1) and
a plan under subsection (a)(2), the State or metropolitan planning
organization, as applicable, shall consider transportation and land use
planning strategies to reduce greenhouse gas emissions, including the
following:
``(1) Efforts to increase public transportation, including
commuter rail service and ridership, by adding at a minimum--
``(A) new public transportation systems, including
new commuter rail systems;
``(B) employer-based subsidies; and
``(C) cleaner locomotive technologies.
``(2) Updates to zoning and other land use regulations and
plans to support development that--
``(A) coordinates transportation and land use
planning;
``(B) focuses future growth close to existing and
planned job centers and public facilities;
``(C) uses existing infrastructure;
``(D) promotes walking, bicycling, and public
transportation use; and
``(E) mixes land uses such as housing, retail, and
schools.
``(3) Implementation of a policy (referred to as a
`complete streets policy') that--
``(A) ensures adequate accommodation of all users
of transportation systems, including pedestrians,
bicyclists, public transportation users, motorists,
children, the elderly, and individuals with
disabilities; and
``(B) adequately addresses the safety and
convenience of all users of the transportation system.
``(4) Construction of bicycle and pedestrian infrastructure
facilities.
``(5) Projects to promote telecommuting, flexible work
schedules, or satellite work centers.
``(6) Pricing measures such as congestion pricing.
``(7) Intermodal freight system strategies, including
enhanced rail services, short sea shipping, and other
strategies.
``(8) Parking policies.
``(9) Travel demand management projects.
``(10) Restriction of the use of certain roads, or lanes,
by vehicles other than passenger buses and high-occupancy
vehicles.
``(11) Reduction of vehicle idling, including idling
associated with freight management, construction,
transportation, and commuter operations.
``(12) Policies to encourage the use of retrofit
technologies and early replacement of vehicles, engines and
equipment to reduce greenhouse gas emissions from existing
mobile sources.
``(13) Other projects that the Administrator finds reduce
greenhouse gas emissions from mobile sources.
``(f) Public Availability.--The Administrator shall publish,
including by posting on the Environmental Protection Agency's website--
``(1) the goals and plans submitted under subsection (a);
and
``(2) for each plan submitted under subsection (a)(2), an
analysis of the anticipated effects of the plan on greenhouse
gas emissions and oil consumption.
``(g) Enforcement.--If the Administrator finds that a State has
failed to submit goals under subsection (a)(1), or to ensure the
submission of a plan under subsection (a)(2), for any area in the State
(irrespective of whether the area is a nonattainment area), the
Administrator may impose a prohibition in accordance with section
179(b)(1) applicable to the area. The Administrator may not impose a
prohibition under the preceding sentence, and no action may be brought
by the Administrator or any other entity alleging a violation of this
section, based on the content or adequacy of a goal or plan submitted
under subsection (a)(1) or (a)(2).
``(h) Competitive Grants.--
``(1) Grants.--The Administrator, in consultation with the
Secretary of Transportation, may award grants on a competitive
basis to metropolitan planning organizations to develop or
implement plans submitted under subsection (a)(2) or elements
thereof.
``(2) Priority.--In making grants under paragraph (1), the
Administrator shall give priority to applicants based upon--
``(A) the amount of greenhouse gas emissions to be
reduced on a total or per capita basis, as determined
by the Administrator in consultation with the Secretary
of Transportation; and
``(B) such other factors as the Administrator
determines appropriate.
``(3) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated such sums
as may be necessary.
``(i) Definitions.--In this section:
``(1) The term `metropolitan planning organization' means a
metropolitan planning organization, as such term is used in
section 176 of the Clean Air Act.
``(2) The term `scenario analysis' means an analysis that
is conducted by identifying different trends and making
projections based on those trends to develop a range of
scenarios and estimates of how each scenario could improve
access to goods and services, including access to employment,
education, and health care (especially for elderly and
economically disadvantaged communities), and could affect rates
of--
``(A) vehicle miles traveled;
``(B) use of mobile source fuel by type, including
electricity; and
``(C) greenhouse gas emissions from the mobile
source sector.
``(j) Land Use Authority.--Nothing in this section may be construed
to--
``(1) infringe upon the existing authority of State or
local governments to plan or control land use, or
``(2) provide or transfer authority over land use to any
other entity.''. | Smart Planning for Smart Growth Act of 2009 - Amends the Clean Air Act to require states and metropolitan planning organizations in areas with a population exceeding 200,000 to submit to the Administrator of the Environmental Protection Agency (EPA) and the Secretary of Transportation goals for reducing transportation-related greenhouse gas emissions and plans to achieve such reductions. Requires such states and organizations to establish goals on a statewide basis and to consider specified transportation and land use planning strategies, including increasing public transportation systems and supporting land use regulation that coordinates transportation and land use planning and uses existing infrastructure.
Authorizes the Administrator to award competitive grants to metropolitan planning organizations to develop or implement emission reduction plans. | To amend the Clean Air Act to achieve greenhouse gas emissions reductions through transportation efficiency. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Splash and Dash Correction Act of
2008''.
SEC. 2. STATEMENT OF CONSTITUTIONAL AUTHORITY.
The Congress enacts this Act pursuant to clause 1 of section 8 of
Article I of the United States Constitution and Amendment XVI of the
United States Constitution.
SEC. 3. CLARIFICATION OF ELIGIBILITY FOR CERTAIN FUELS CREDITS FOR FUEL
WITH INSUFFICIENT NEXUS TO THE UNITED STATES.
(a) In General.--
(1) Alcohol credit.--Subsection (d) of section 40 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Limitation to alcohol with connection to the united
states.--
``(A) Alcohol credit.--No alcohol credit shall be
determined under this section with respect to any
alcohol unless such alcohol is produced in the United
States for consumption in the United States or entered
into the United States for consumption in the United
States.
``(B) Alcohol mixture credit.--No alcohol mixture
credit shall be determined under this section with
respect to any mixture unless such mixture is produced
in the United States for consumption in the United
States or entered into the United States for
consumption in the United States.
``(C) No credits for alcohol destined for export.--
No credit (other than the small ethanol producer
credit) shall be determined under this section with
respect to any mixture or alcohol if such mixture or
alcohol is destined for export from the United States
(as determined by the Secretary).''.
(2) Biodiesel credit.--Subsection (d) of section 40A of
such Code is amended by adding at the end the following new
paragraph:
``(5) Limitation to biodiesel with connection to the united
states.--
``(A) Biodiesel credit.--No biodiesel credit shall
be determined under this section with respect to any
biodiesel unless such biodiesel is produced in the
United States for consumption in the United States or
is entered into the United States for consumption in
the United States.
``(B) Biodiesel mixture credit.--No biodiesel
mixture credit shall be determined under this section
with respect to any mixture unless such mixture is
produced in the United States for consumption in the
United States or is entered into the United States for
consumption in the United States.
``(C) No credits for biodiesel destined for
export.--No credit (other than the small agri-biodiesel
producer credit) shall be determined under this section
with respect to any mixture or biodiesel if such
mixture or biodiesel is destined for export from the
United States (as determined by the Secretary).''.
(3) Excise tax credits.--Section 6426 of such Code is
amended by adding at the end the following new subsection:
``(h) Limitation to Fuels With Connection to the United States.--
``(1) Mixture credits.--No credit shall be determined under
this section with respect to any mixture unless such mixture is
produced in the United States for consumption in the United
States or is entered into the United States for consumption in
the United States.
``(2) Alternative fuel credit.--No alternative fuel credit
shall be determined under this section with respect to any
alternative fuel unless such alternative fuel is produced in
the United States for consumption in the United States or is
entered into the United States for consumption in the United
States.
``(3) No credits for fuels destined for export.--No credit
shall be determined under this section with respect to any
mixture or alternative fuel if such mixture or alternative fuel
is destined for export from the United States (as determined by
the Secretary).''.
(4) Payments.--Subsection (e) of section 6427 of such Code
is amended by redesignating paragraph (5) as paragraph (6) and
by inserting after paragraph (4) the following new paragraph:
``(5) Limitation to fuels with connection to the united
states.--No amount shall be payable under paragraph (1) or (2)
with respect to any mixture or alternative fuel if credit is
not allowed with respect to such mixture or alternative fuel by
reason of section 6426(h).''.
(b) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after the date of the enactment of this Act. | Splash and Dash Correction Act of 2008 - Amends the Internal Revenue Code to disallow income and excise tax credits for alcohol and biodiesel used as fuel and other alternative fuels or mixtures unless such fuels are produced in or imported into the United States for consumption. | To amend the Internal Revenue Code of 1986 to clarify the eligibility for certain fuels credits for fuel with insufficient nexus to the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aircraft Passenger Whole-Body
Imaging Limitations Act of 2011''.
SEC. 2. LIMITATIONS ON USE OF ADVANCED IMAGING TECHNOLOGY AND ENHANCED
PAT-DOWN SEARCHES FOR AIRCRAFT PASSENGER SCREENING.
Section 44901 of title 49, United States Code, is amended by adding
at the end the following:
``(l) Limitations on Use of Advanced Imaging Technology and
Enhanced Pat-Down Searches for Screening Passengers.--
``(1) In general.--The Assistant Secretary of Homeland
Security (Transportation Security Administration) shall ensure
that advanced imaging technology is used for the screening of
passengers under this section only in accordance with this
subsection.
``(2) Advanced imaging technology.--Advanced imaging
technology may not be used as a method of screening a passenger
under this section unless--
``(A) the National Academy of Sciences determines
that the technology poses no threat to public health;
``(B) the technology is equipped with a privacy
filter or other privacy-protecting technology; and
``(C) another method of screening, such as metal
detection, explosive trace detection, or behavioral
profiling, demonstrates reasonable cause for utilizing
advanced imaging technology to detect a possible threat
to aviation security.
``(3) Enhanced pat-down searches.--An enhanced pat-down
search may not be used as a method of screening a passenger
under this section unless another method of screening, such as
metal detection, explosive trace detection, behavioral
profiling, or use of advanced imaging technology in accordance
with paragraph (2), demonstrates reasonable cause for utilizing
advanced imaging technology to detect a possible threat to
aviation security.
``(4) Provision of information.--A passenger for whom
screening by advanced imaging technology is permissible under
paragraph (2) shall be provided, prior to the utilization of
such technology with respect to such passenger, information
on--
``(A) the operation of such technology;
``(B) the image generated by such technology;
``(C) privacy policies relating to such technology;
and
``(D) the right to request an advanced pat-down
search under paragraph (5).
``(5) Pat-down search option.--A passenger for whom
screening by advanced imaging technology is permissible under
paragraph (2) shall be offered an advanced pat-down search in
lieu of such screening.
``(6) Prohibition on use of images.--An image of a
passenger generated by advanced imaging technology may not be
stored, transferred, shared, or copied in any form after the
boarding determination with respect to such passenger is made.
``(7) Report.--Not later than one year after the date of
enactment of the Aircraft Passenger Whole-Body Imaging
Limitations Act of 2011, and annually thereafter, the Assistant
Secretary shall submit to Congress a report containing
information on--
``(A) the implementation of this subsection;
``(B) the number of passengers for whom screening
by advanced imaging technology was permissible under
paragraph (2) as a percentage of all screened
passengers;
``(C) the number of passengers who chose an
advanced pat-down search when presented the offer under
paragraph (5) as a percentage of all passengers
presented such offer;
``(D) privacy protection measures taken with
respect to advanced imaging technology;
``(E) privacy violations that occurred with respect
to such technology; and
``(F) the effectiveness and safety of such
technology.
``(8) Advanced imaging technology.--The term `advanced
imaging technology' means a device, including a device using
backscatter x-rays or millimeter waves, used to detect objects
carried on individuals and that creates a visual image of the
individual's full body, showing the surface of the skin and
revealing objects that are on the body.''.
SEC. 3. PENALTY RELATING TO VIOLATION OF PROHIBITION ON IMAGE STORING.
(a) In General.--Chapter 93 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1925. Misuse of certain images relating to aircraft passenger
screening
``Whoever, being an officer or employee of the United States,
knowingly stores, transfers, shares, or copies an image in violation of
section 44901(l)(6) of title 49, United States Code, shall be fined
under this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 93 of title 18, United States Code, is amended by adding at the
end the following:
``1925. Misuse of certain images relating to aircraft passenger
screening.''.
SEC. 4. PERFORMANCE MEASURES AND COST-BENEFIT ANALYSIS REQUIREMENTS.
(a) In General.--Section 44901 of title 49, United States Code, is
further amended by adding at the end the following:
``(m) Performance Measure and Cost-Benefit Analysis Requirements.--
``(1) In general.--The Secretary may not use any security
technology or methodology for screening under this section
unless the Secretary has--
``(A) established quantifiable and validated
performance measures to determine if the technology or
methodology is cost effective, reliable, and safe, and
demonstrated that the technology or methodology
satisfies those measures;
``(B) performed a full assessment of the costs and
benefits of such technology or methodology; and
``(C) determined that there is no other equally
effective and less invasive technology or methodology
that satisfies those standards.
``(2) Emergency exception.--Paragraph (1) shall not apply
with respect to use of a technology or methodology to address a
temporary emergency determined by the Secretary.''.
(b) Application.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall apply with respect to
any use of a security technology or methodology after the date
of enactment of this Act.
(2) Advanced imaging technology and pat-down searches.--The
amendment made by subsection (a) shall apply with respect to
any use of advanced imaging technology or pat-down search (as
those terms are used in section 44901(l) of title 49, United
States Code, as amended by this section) for the screening of
passengers, beginning upon the end of the 12-month period
beginning on the date of the enactment of this Act.
SEC. 5. EFFECTIVE DATE.
Sections 2 and 3 of this Act shall take effect on the date that is
30 days after the date of enactment of this Act. | Aircraft Passenger Whole-Body Imaging Limitations Act of 2011 - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration) (TSA) to ensure that advanced imaging technology is used for the screening of passengers only in accordance with this Act.
Prohibits the use of advanced imaging technology as a method of screening a passenger unless: (1) the National Academy of Sciences determines the technology does not pose a threat to public health; (2) the technology is equipped with a privacy filter or other privacy-protecting technology; and (3) another method of screening, such as metal detection, explosive trace detection, or behavioral profiling, demonstrates reasonable cause for using advanced imaging technology to detect a possible threat to aviation security.
Allows use of an enhanced pat-down search of passengers if such other screening methods, including use of advanced imaging technology, demonstrate reasonable cause for utilizing advanced imaging technology to detect a possible threat to aviation security.
Requires that passengers: (1) be provided information on the operation of such technology and specified related matters, including privacy policies and the right to request a pat-down search; and (2) be offered such a pat-down search in lieu of such screening.
Prohibits the storage, transfer, sharing, or copying in any form of an image of a passenger generated by advanced imaging technology after a boarding determination is made. Imposes a civil penalty upon any U.S. officer or employee who knowingly stores, transfers, shares, or copies advanced imaging screening images.
Prohibits the Secretary of Transportation from using any security technology or methodology for screening passengers unless there are established performance measures to determine if: (1) such technology is cost effective, reliable, and safe; and (2) there is no other equally effective and less invasive technology. | To amend title 49, United States Code, to establish limitations on the use of advanced imaging technology for aircraft passenger screening, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Same Number Act of 2007''.
SEC. 2. VOICE SERVICE NUMBER PORTABILITY.
(a) In General.--Title VII of the Communications Act of 1934 (47
U.S.C. 601 et seq.) is amended by inserting after section 714 the
following:
``SEC. 715. NUMBER PORTABILITY.
``(a) In General.--A provider of voice services has the duty to
provide, to the extent technically feasible, number portability in
accordance with requirements prescribed by the Commission.
``(b) Standards.--
``(1) In general.--Within 270 days after the date of
enactment of the Same Number Act of 2007, to facilitate
consumer choice among voice service providers the Commission
shall establish number portability performance standards for
voice service providers that, at a minimum--
``(A) identify classes of ports;
``(B) where appropriate, establish expeditious time
frames for each class of port, which may include
timeframes for different stages of the porting;
``(C) establish requirements governing the exchange
of data between voice service providers in connection
with porting a number, including any limits on customer
validation fields or other data fields that may be
required by voice service providers; and
``(D) encourage the reasonable automation of the
porting process.
``(2) Flexibility.--In adopting performance standards under
paragraph (1), the Commission may establish more flexible
standards for different classes of providers within a type of
voice service provider if the Commission determines that the
uniform application of a single standard or time frame for
compliance would result in unreasonable compliance costs for a
class of providers.
``(3) Public access to timeframes.--The Commission shall
make available to the public on its Internet website any
standard timeframes established by the Commission under
paragraph (1).
``(c) Porting Reporting.--
``(1) Providers.--Beginning 1 year after the date on which
the Commission issues a final rule under subsection (b)
establishing number portability performance standards for voice
service providers, a voice service provider shall submit a
report each year to the Commission on its number portability
activity during the preceding 12 months, including a statement
of the number of ports it failed to complete within the time
required by the standards, and an explanation of the reason for
such failures.
``(2) Commission.--Beginning 1 year after the date on which
the Commission issues the final rule under subsection (b), the
Commission shall submit a report each year to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and Commerce on
the effectiveness and efficiency of the number portability
performance standards for voice service providers established
under this section.
``(3) Sunset.--The requirements of this subsection shall
cease to apply 60 months after the date on which the Commission
issues such final rule.
``(d) Numbering Administration.--
``(1) Commission authority and jurisdiction.--The
Commission shall designate 1 or more impartial entities to
administer telecommunications and voice service numbering and
to ensure that numbers are available on an equitable basis. The
Commission has exclusive jurisdiction of those portions of the
North American Numbering Plan that pertain to the United
States. Nothing in this subsection precludes the Commission
from delegating to State Commission or other entities all or a
portion of such jurisdiction.
``(2) Costs.--The costs of establishing numbering
administration arrangements and number portability shall be
borne by all voice service providers on a competitively neutral
basis, as determined by the Commission.
``(3) Universal emergency telephone number.--The Commission
and any agency or entity to which the Commission has delegated
authority under section 715(e) shall designate 9-1-1 as the
universal emergency telephone number within the United States
for reporting an emergency to appropriate authorities and
requesting assistance. The designation shall apply to both
wireline and wireless telephone service. In making the
designation, the Commission (and any such agency or entity)
shall provide appropriate transition periods for areas in which
9-1-1 is not in use as an emergency telephone number on the
date of enactment of the Wireless Communications and Public
Safety Act of 1999.
``(e) Voice Service Defined.--In this section, the term `voice
service' means--
``(1) a telecommunications service; or
``(2) any service that is not a telecommunications service,
but that otherwise is an IP-enabled voice service as defined in
section 9.3 of the Commission's regulations (47 C.F.R. 9.3), as
those regulations may be amended by the Commission from time to
time.''.
(b) Conforming Amendments.--Section 251 of the Communications Act
of 1934 (47 U.S.C. 251) is amended--
(1) by striking subsection (b)(2) and redesignating
paragraphs (3), (4), and (5) of subsection (b) as paragraphs
(2), (3), and (4), respectively; and
(2) by striking subsection (e) and redesignating
subsections (f), (g), (h), and (i) as subsections (e), (f),
(g), and (h), respectively. | Same Number Act of 2007 - Amends the Communications Act of 1934 to declare that a provider of voice services (a telecommunications service or an IP-enabled voice service) has the duty to provide number portability to the extent technically feasible. Requires the Federal Communications Commission (FCC) to establish number portability performance standards for such providers.
Requires the FCC to designate one or more impartial entities to administer telecommunications and voice service numbering and to ensure that numbers are available on an equitable basis. Gives the FCC exclusive jurisdiction of those portions of the North American Numbering Plan that pertain to the United States.
Requires that the costs of establishing numbering administration arrangements and number portability be borne by all voice service providers on a competitively neutral basis.
Requires designation of 9-1-1 as the universal emergency telephone number within the United States for both wireline and wireless telephone service. | A bill to amend the Communications Act of 1934 to facilitate number portability in order to increase consumer choice of voice service provider. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Skills Alliances Act of
2001''.
SEC. 2. FINDINGS.
(1) Many small businesses lack the financial capacity to
support the training of high-skilled workers.
(2) Many high-tech companies concerned about worker
training consider recruiting employees from overseas because a
shortage of information technology workers remains a
significant problem.
(3) Too many highly educated workers in underserved
communities do not have the specialized skills needed to meet
the needs of local businesses.
(4) Regional skills alliances bring businesses and 4-year
colleges and universities and community colleges together to
help develop and implement effective programs to make sure
workers have the training needed to compete in the modern
workplace.
SEC. 3. DEFINITION.
In this Act, the term ``Secretary'' means the Secretary of Labor.
TITLE I--SKILL GRANTS
SEC. 101. AUTHORIZATION.
(a) In General.--The Secretary, in consultation with the Secretary
of Commerce, shall award grants to eligible entities described in
subsection (b) to assist such entities to improve the job skills
necessary for employment in specific industries.
(b) Eligible Entities Described.--
(1) In general.--An eligible entity described in this
subsection is a consortium that--
(A) shall consist of representatives from not less
than 5 businesses, or a lesser number of businesses if
such lesser number of businesses employs at least 30
percent of the employees in the industry involved in
the region (or a non-profit organization that
represents such businesses);
(B) may consist of representatives from--
(i) labor organizations;
(ii) State and local government; and
(iii) educational institutions;
(C) is established to serve one or more particular
industries; and
(D) is established to serve a particular geographic
region.
(2) Majority of representatives.--A majority of the
representatives comprising the consortium shall be
representatives described in paragraph (1)(A).
(c) Priority for Small Businesses.--In providing grants under
subsection (a), the Secretary shall give priority to an eligible entity
if a majority of representatives forming the entity represent small-
business concerns (as defined in section 3(a) of the Small Business Act
(15 U.S.C. 632(a)).
(d) Maximum Amount of Grant.--The amount of a grant awarded to an
eligible entity under subsection (a) may not exceed $1,000,000 for any
fiscal year.
SEC. 102. USE OF AMOUNTS.
(a) In General.--The Secretary may not award a grant under section
101 to an eligible entity unless such entity agrees to use amounts
received from such grant to improve the job skills necessary for
employment by businesses in the industry with respect to which such
entity was established.
(b) Conduct of Program.--
(1) In general.--In carrying out the program described in
subsection (a), the eligible entity may provide for--
(A) an assessment of training and job skill needs
for the industry;
(B) the development of a sequence of skill
standards that are benchmarked to advanced industry
practices;
(C) the development of curriculum and training
methods, including, where appropriate, e-learning or
technology-based training;
(D) the purchase, lease, or receipt of donations of
training equipment;
(E) the identification of training providers and
the development of partnerships between the industry
and educational institutions, including community
colleges;
(F) the development of apprenticeship programs;
(G) the development of training programs for
workers, including dislocated workers;
(H) the development of training plans for
businesses; and
(I) the development of the membership of the
entity.
(2) Additional requirement.--In carrying out the program
described in subsection (a), the eligible entity shall provide
for the development and tracking of performance outcome
measures for the program and the training providers involved in
the program.
(c) Administrative Costs.--The eligible entity may use not more
than 10 percent of the amount of a grant to pay for administrative
costs associated with the program described in subsection (a).
SEC. 103. REQUIREMENT OF MATCHING FUNDS.
(a) In General.--The Secretary may not award a grant under section
101 to an eligible entity unless such entity agrees that the entity
will make available non-Federal contributions toward the costs of
carrying out activities under the grant in an amount that is not less
than $2 for each $1 of Federal funds provided under the grant, of
which--
(1) $1 shall be provided by the businesses participating in
the entity; and
(2) $1 shall be provided by the State or local government
involved.
(b) Other Contributions.--
(1) Equipment.--Equipment donations to facilities that are
not owned or operated by the members of the eligible entity
involved and that are shared by such members may be included in
determining compliance with subsection (a).
(2) Limitation.--An eligible entity may not include in-kind
contributions in complying with the requirement of subsection
(a). The Secretary may consider such donations in ranking
applications.
SEC. 104. LIMIT ON ADMINISTRATIVE EXPENSES.
The Secretary may use not more than 5 percent of the amounts made
available to carry out this title to pay the Federal administrative
costs associated with awarding grants under this title.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$50,000,000 for each of the fiscal years 2002, 2003, and 2004, and such
sums as are necessary for each fiscal year thereafter.
TITLE II--PLANNING GRANTS
SEC. 201. AUTHORIZATION.
(a) In General.--The Secretary, in consultation with the Secretary
of Commerce, shall award grants to States to enable such States to
assist businesses, organizations, and agencies described in section
101(b) in conducting planning to form consortia described in such
section.
(b) Maximum Amount of Grant.--The amount of a grant awarded to a
State under subsection (a) may not exceed $500,000 for any fiscal year.
SEC. 202. APPLICATION.
The Secretary may not award a grant under section 201 to a State
unless such State submits to the Secretary an application at such time,
in such manner, and containing such information as the Secretary may
reasonably require.
SEC. 203. REQUIREMENT OF MATCHING FUNDS.
The Secretary may not award a grant under section 201 to a State
unless such State agrees that it will make available non-Federal
contributions toward the costs of carrying out activities under this
title in an amount that is not less than $1 for each $1 of Federal
funds provided under the grant.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$5,000,000 for fiscal year 2002. | Regional Skills Alliances Act of 2001 - Directs the Secretary of Labor to make matching grants to improve the job skills necessary for employment in specific industries.Makes eligible for such grants regional consortia that: (1) must have representatives from not fewer than five businesses or a lesser number that employ at least 30 percent of workers in that industry in the region (or a nonprofit organization that represents such businesses); (2) may have representatives from labor organizations, State and local governments, and educational institutions; and (3) are established to serve one or more particular industries in a particular region. Gives grant priority to eligible entities that consist of a majority of representatives from small businesses.Requires the Secretary to provide matching grants to States to assist businesses, organizations, and agencies in planning to form regional consortia under this Act. | A bill to establish regional skills alliances, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health and Substance Abuse
Parity Amendments of 1998''.
SEC. 2. REVISION IN LIMITS APPLIED TO MENTAL HEALTH BENEFITS.
(a) Application to Group Health Plans and Group Health Insurance
Under ERISA.--
(1) Expansion to cover treatment limitations and financial
requirements generally.--Section 712 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185a) is amended--
(A) in the heading, by striking ``certain'';
(B) by amending subsections (a) and (b) to read as
follows:
``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and mental health benefits,
such plan or coverage shall not impose treatment limitations or
financial requirements on the coverage of mental health benefits if
similar limitations or requirements are not imposed on coverage of
medical and surgical benefits in comparable settings (including
inpatient and outpatient settings).
``(b) Construction.--Nothing in this section shall be construed--
``(1) as prohibiting a group health plan (or health
insurance coverage offered in connection with such a plan)
from--
``(A) negotiating separate reimbursement rates and
service delivery systems for different benefits; or
``(B) managing the provision of benefits through
the use of pre-admission screening, prior authorization
of services, and other mechanisms designed to limit
coverage of items and services to those deemed to be
medically necessary;
``(2) as requiring a group health plan (or health insurance
coverage offered in connection with such a plan) to provide any
specific mental health benefits; or
``(3) as preventing a group health plan or health insurance
issuer applying subsection (a) without regard to benefits for
preventive care.''; and
(C) in subsection (e), by striking paragraphs (1)
and (2) and inserting the following:
``(1) Treatment limits.--The term `treatment limits' means
limits on the frequency of treatment, number of visits, or
other limits on the scope and duration of treatment, as covered
by a group health plan (or health insurance coverage offered in
connection with such a plan). Such term does not include limits
on benefits or coverage based solely on medical necessity.
``(2) Financial limits.--The term `financial requirements'
means copayments, deductibles, out-of-network charges, out-of-
pocket contributions or fees, annual limits, and lifetime
aggregate limits imposed on covered individuals.''.
(2) Elimination of cost exemption.--Such section is further
amended by striking paragraph (2) of subsection (c).
(3) Elimination of sunset.--Such section is further amended
by striking subsection (f).
(c) Application to Group Health Plans Under the Internal Revenue
Code of 1986.--
(1) Expansion to cover treatment limitations and financial
requirements generally.--Section 9812 of the Internal Revenue
Code of 1986 (relating to parity in the application of certain
limits to mental health benefits) is amended--
(A) in the heading, by striking ``certain'';
(B) by amending subsections (a) and (b) to read as
follows:
``(a) In General.--In the case of a group health plan that provides
both medical and surgical benefits and mental health benefits, such
plan shall not impose treatment limitations or financial requirements
on the coverage of mental health benefits if similar limitations or
requirements are not imposed on coverage of medical and surgical
benefits in comparable settings (including inpatient and outpatient
settings).
``(b) Construction.--Nothing in this section shall be construed--
``(1) as prohibiting a group health plan from--
``(A) negotiating separate reimbursement rates and
service delivery systems for different benefits; or
``(B) managing the provision of benefits through
the use of pre-admission screening, prior authorization
of services, and other mechanisms designed to limit
coverage of items and services to those deemed to be
medically necessary;
``(2) as requiring a group health plan to provide any
specific mental health benefits; or
``(3) as preventing a group health plan applying subsection
(a) without regard to benefits for preventive care.''; and
(C) in subsection (e), by striking paragraphs (1)
and (2) and inserting the following:
``(1) Treatment limits.--The term `treatment limits' means
limits on the frequency of treatment, number of visits, or
other limits on the scope and duration of treatment, as covered
by a group health plan. Such term does not include limits on
benefits or coverage based solely on medical necessity.
``(2) Financial limits.--The term `financial requirements'
means copayments, deductibles, out-of-network charges, out-of-
pocket contributions or fees, annual limits, and lifetime
aggregate limits imposed on covered individuals.''.
(2) Elimination of cost exemptions.--Such section is
further amended by striking paragraph (2) of subsection (c).
(3) Elimination of sunset.--Such section is further amended
by striking subsection (f).
(4) Clerical amendment.--The item relating to section 9812
in the table of sections of subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by striking
``certain''.
(d) Application to Individual Health Insurance.--Part B of title
XXVII of the Public Health Service Act, as amended by section 605(a) of
Public Law 104-204, is amended by inserting after section 2751 the
following new section:
``SEC. 2752. PARITY IN THE APPLICATION OF LIMITS TO MENTAL HEALTH
BENEFITS.
``The provisions of section 2705 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan.''.
(e) Effective Dates.--
(1) Group health plans.--
(A) In general.--Subject to subparagraph (B), the
amendments made by subsections (a), (b), and (c) shall
apply with respect to group health plans for plan years
beginning on or after July 1, 1999.
(B) In the case of a group health plan maintained
pursuant to 1 or more collective bargaining agreements
between employee representatives and 1 or more
employers ratified before the date of enactment of this
Act, the amendments made by subsections (a), (b), and
(c) shall not apply to plan years beginning before the
later of--
(i) the date on which the last collective
bargaining agreements relating to the plan
terminates (determined without regard to any
extension thereof agreed to after the date of
the enactment of this Act), or
(ii) July 1, 1999.
For purposes of clause (i), any plan amendment made
pursuant to a collective bargaining agreement relating
to the plan which amends the plan solely to conform to
any requirement added by subsection (a), (b), or (c)
shall not be treated as a termination of such
collective bargaining agreement.
(2) Individual health insurance coverage.--The amendment
made by subsection (d) shall apply with respect to health
insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after July 1, 1999.
(f) Coordination in Implementation.--Effective on the date of the
enactment of this Act, section 104(1) of the Health Insurance
Portability and Accountability Act of 1996 is amended by striking
``this subtitle (and the amendments made by this subtitle and section
401)'' and inserting ``the provisions of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974, the
provisions of parts A and C of title XXVII of the Public Health Service
Act, and chapter 1000 of the Internal Revenue Code of 1986''.
SEC. 3. PARITY IN THE APPLICATION OF LIMITS TO SUBSTANCE ABUSE AND
CHEMICAL DEPENDENCY BENEFITS.
(a) Application to Group Health Plans Under ERISA.--
(1) In general.--Part 7 of subtitle B of title II of the
Employee Retirement Income Security Act of 1974 is amended by
inserting after section 712 the following new section:
``SEC. 713. PARITY IN THE APPLICATION OF LIMITS TO SUBSTANCE ABUSE AND
CHEMICAL DEPENDENCY BENEFITS.
``The provisions of section 712 shall apply to benefits with
respect to treatment of substance abuse or chemical dependency in the
same manner as they apply to mental health benefits.''.
(2) Clerical amendment.--The table of contents in section 1
of such Act is amended by inserting after the item relating to
section 712 the following new item:
``Sec. 713. Parity in the application of limits to substance abuse and
chemical dependency benefits.''.
(b) Application to Group Health Plans and Health Insurance Issuers
Under the Public Health Service Act.--Title XXVII of the Public Health
Service Act is amended by inserting after section 2705 the following
new section:
``SEC. 2706. PARITY IN THE APPLICATION OF LIMITS TO SUBSTANCE ABUSE AND
CHEMICAL DEPENDENCY BENEFITS.
``The provisions of section 2705 shall apply to benefits with
respect to treatment of substance abuse or chemical dependency in the
same manner as they apply to mental health benefits.''.
(c) Application to Group Health Plans Under the Internal Revenue
Code of 1986.--
(1) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 9813. PARITY IN THE APPLICATION OF LIMITS TO SUBSTANCE ABUSE AND
CHEMICAL DEPENDENCY BENEFITS.
``The provisions of section 9812 shall apply to benefits with
respect to treatment of substance abuse or chemical dependency in the
same manner as they apply to mental health benefits.''.
(2) Clerical amendment.--The table of sections for such
subchapter is amended by adding at the end the following new
item:
``Sec. 9813. Parity in the application of
limits to substance abuse and
chemical dependency
benefits.''.
(d) Application to Individual Health Insurance Coverage Under the
Public Health Service Act.--Part B of title XXVII of the Public Health
Service Act, as amended by section 2(d), is amended by inserting after
section 2751 the following new section:
``SEC. 2753. PARITY IN THE APPLICATION OF LIMITS TO MENTAL HEALTH
BENEFITS.
``The provisions of section 2752 shall apply to benefits with
respect to treatment of substance abuse or chemical dependency in the
same manner as they apply to mental health benefits.''.
(e) Effective Dates.--
(1) Group health plans.--
(A) In general.--Subject to subparagraph (B), the
amendments made by subsections (a), (b), and (c) shall
apply with respect to group health plans for plan years
beginning on or after July 1, 1999.
(B) In the case of a group health plan maintained
pursuant to 1 or more collective bargaining agreements
between employee representatives and 1 or more
employers ratified before the date of enactment of this
Act, the amendments made by subsections (a), (b), and
(c) shall not apply to plan years beginning before the
later of--
(i) the date on which the last collective
bargaining agreements relating to the plan
terminates (determined without regard to any
extension thereof agreed to after the date of
the enactment of this Act), or
(ii) July 1, 1999.
For purposes of clause (i), any plan amendment made
pursuant to a collective bargaining agreement relating
to the plan which amends the plan solely to conform to
any requirement added by subsection (a), (b), or (c)
shall not be treated as a termination of such
collective bargaining agreement.
(2) Individual health insurance coverage.--The amendment
made by subsection (d) shall apply with respect to health
insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after July 1, 1999. | Mental Health and Substance Abuse Parity Amendments of 1998 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code, and the Public Health Service Act to prohibit group and individual health plans from imposing treatment limitations or financial requirements on the coverage of mental health benefits, or substance abuse and chemical dependency benefits, if similar limitations or requirements are not imposed on medical and surgical benefits.
Amends the Health Insurance Portability and Accountability Act of 1986 to provide for coordination in implementation of such amendments. | Mental Health and Substance Abuse Parity Amendments of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Mountain National Forest Land
Adjustment Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bromley.--The term ``Bromley'' means Bromley Mountain
Ski Resort, Inc.
(2) Map.--The term ``map'' means the map entitled
``Proposed Bromley Land Sale or Exchange'' and dated April 7,
2004.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) State.--The term ``State'' means the State of Vermont.
SEC. 3. SALE OR EXCHANGE OF GREEN MOUNTAIN NATIONAL FOREST LAND.
(a) In General.--The Secretary may, under any terms and conditions
that the Secretary may prescribe, sell or exchange any right, title,
and interest of the United States in and to the parcels of National
Forest System land described in subsection (b).
(b) Description of Land.--The parcels of National Forest System
land referred to in subsection (a) are the 5 parcels of land in
Bennington County in the State, as generally depicted on the map.
(c) Map and Legal Descriptions.--
(1) In general.--The map shall be on file and available for
public inspection in--
(A) the office of the Chief of the Forest Service;
and
(B) the office of the Supervisor of the Green
Mountain National Forest.
(2) Modifications.--The Secretary may modify the map and
legal descriptions to--
(A) correct technical errors; or
(B) facilitate the conveyance under subsection (a).
(d) Consideration.--Consideration for the sale or exchange of land
described in subsection (b)--
(1) shall be equal to an amount that is not less than the
fair market value of the land sold or exchanged; and
(2) may be in the form of cash, land, or a combination of
cash and land.
(e) Appraisals.--Any appraisal carried out to facilitate the sale
or exchange of land under subsection (a) shall conform with the Uniform
Appraisal Standards for Federal Land Acquisitions.
(f) Methods of Sale.--
(1) Conveyance to bromley.--
(A) In general.--Before soliciting offers under
paragraph (2), the Secretary shall offer to convey to
Bromley the land described in subsection (b).
(B) Contract deadline.--If Bromley accepts the
offer under subparagraph (A), the Secretary and Bromley
shall have not more than 180 days after the date on
which any environmental analyses with respect to the
land are completed to enter into a contract for the
sale or exchange of the land.
(2) Public or private sale.--If the Secretary and Bromley
do not enter into a contract for the sale or exchange of the
land by the date specified in paragraph (1)(B), the Secretary
may sell or exchange the land at public or private sale
(including auction), in accordance with such terms, conditions,
and procedures as the Secretary determines to be in the public
interest.
(3) Rejection of offers.--The Secretary may reject any
offer received under this subsection if the Secretary
determines that the offer is not adequate or is not in the
public interest.
(4) Brokers.--In any sale or exchange of land under this
section, the Secretary may--
(A) use a real estate broker or other third party;
and
(B) pay the real estate broker or third party a
commission in an amount comparable to the amounts of
commission generally paid for real estate transactions
in the area.
(g) Cash Equalization.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the
Secretary may accept a cash equalization payment in excess of 25
percent of the value of any Federal land exchanged under this Act.
SEC. 4. DISPOSITION OF PROCEEDS.
(a) In General.--The Secretary shall deposit the net proceeds from
a sale or exchange under this Act in the fund established under Public
Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act'').
(b) Use.--Amounts deposited under subsection (a) shall be available
to the Secretary until expended, without further appropriation, for--
(1) the location and relocation of the Appalachian National
Scenic Trail and the Long National Recreation Trail in the
State;
(2) the acquisition of land and interests in land by the
Secretary for National Forest System purposes within the
boundary of the Green Mountain National Forest, including land
for and adjacent to the Appalachian National Scenic Trail and
the Long National Recreation Trail;
(3) the acquisition of wetland or an interest in wetland
within the boundary of the Green Mountain National Forest to
offset the loss of wetland from the parcels sold or exchanged;
and
(4) the payment of direct administrative costs incurred in
carrying out this Act.
(c) Limitation.--Amounts deposited under subsection (a) shall not--
(1) be paid or distributed to the State or counties or
towns in the State under any provision of law; or
(2) be considered to be money received from units of the
National Forest System for purposes of--
(A) the Act of May 23, 1908 (16 U.S.C. 500); or
(B) the Act of March 4, 1913 (16 U.S.C. 501).
(d) Prohibition of Transfer or Reprogramming.--Amounts deposited
under subsection (a) shall not be subject to transfer or reprogramming
for wildfire management or any other emergency purposes.
SEC. 5. ACQUISITION OF LAND.
The Secretary may acquire, using funds made available under section
4 or otherwise made available for acquisition, land or an interest in
land for National Forest System purposes within the boundary of the
Green Mountain National Forest.
SEC. 6. EXEMPTION FROM CERTAIN LAWS.
The Federal Property and Administrative Services Act of 1949 (40
U.S.C. 471 et seq.) shall not apply to any sale or exchange of National
Forest System lands under this Act. | Green Mountain National Forest Land Adjustment Act of 2004 - Authorizes the Secretary of Agriculture to sell or exchange any right, title, and interest of the United States in and to five specified parcels of National Forest System land in Vermont. Directs the Secretary to offer to convey such land to Bromley Mountain Ski Resort, Inc.
Makes sale proceeds available for: (1) the location and relocation of the Appalachian National Scenic Trail and the Long National Recreation Trail in Vermont; (2) the acquisition of land for National Forest System purposes within the boundary of Green Mountain National Forest; (3) the acquisition of wetland within the boundary of the Forest to offset the loss of wetland from the parcels sold or exchanged; and (4) the payment of direct administrative costs incurred in carrying out this Act.
Allows the Secretary, using funds made available as described above or otherwise made available for acquisition, to acquire land or an interest in land for National Forest System purposes within the boundary of the Forest. | A bill to authorize the Secretary of Agriculture to sell or exchange certain National Forest System land in the State of Vermont. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Health Services Improvement
Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 160,000 United States servicemembers are
serving their country in Operation Enduring Freedom and
Operation Iraqi Freedom.
(2) There currently are more than 100,000 activated
National Guard and reserve component forces engaged in the war
on terrorism.
(3) According to the Department of the Army, nearly one in
six soldiers who have served in Operation Iraqi Freedom suffers
from post-traumatic stress disorder.
(4) More than 900 soldiers have been evacuated from Iraq
since the beginning of Operation Iraqi Freedom because of
mental health problems.
(5) The stigma associated with mental health treatment
remains a significant obstacle to seeking mental health care.
(6) Untreated post-traumatic stress disorder and other
mental health illnesses have been linked to severe social
problems, including alcohol and drug abuse, domestic violence,
child abuse, familial disintegration, and homelessness.
SEC. 3. PRE- AND POST-DEPLOYMENT SCREENING PROGRAM FOR MEMBERS OF THE
ARMED FORCES.
(a) Pre- and Post-Deployment Evaluations.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall prescribe in regulations--
(1) a requirement that members of the Armed Forces
deploying to a combat theater receive a mental health
evaluation conducted in person by a qualified mental health
professional before their deployment; and
(2) a requirement that members of the Armed Forces
returning from service of more than 30 days in a combat theater
or who were injured in a combat theater receive a combat stress
evaluation conducted in person by a qualified mental health
professional within 30 days after the date on which the member
returns from the combat theater.
(b) Mental Health Awareness Program.--
(1) Program.--The Secretary of Defense shall implement a
program designed to--
(A) raise awareness about mental health issues that
members of the Armed Forces and their families may
encounter during and after deployment of the member;
and
(B) reduce the stigma associated with mental health
care.
(2) Implementation.--The Secretary, pursuant to
regulations, may enter into arrangements with an accredited
college, university, hospital-based, or community-based mental
health center to carry out the program under this subsection.
The Secretary shall ensure that the program is made available
in foreign languages if necessary to aid comprehension among
persons to be helped by the program.
(3) Deadline.--The Secretary shall carry out this
subsection not later than 180 days after the date of the
enactment of this Act.
(c) Hold-Harmless for Mental Health Treatment.--In carrying out any
mental health-related program, the Secretary shall ensure that neither
the provision of mental health services nor inquiries about mental
health services shall adversely affect an individual's career.
SEC. 4. MENTAL HEALTH AWARENESS FOR DEPENDENTS.
(a) Program.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall develop a program
to improve awareness of the availability of mental health services for,
and warning signs about mental health problems in, dependents of
members of the Armed Forces whose sponsor served or will serve in a
combat theater during the previous or next 60 days.
(b) Matters Covered.--The program developed under subsection (a)
shall be designed to--
(1) increase awareness of mental health services available
to dependents of members of the Armed Forces on active duty;
(2) increase awareness of mental health services available
to dependents of Reservists and National Guard members whose
sponsors have been activated; and
(3) increase awareness of mental health issues that may
arise in dependents referred to in paragraphs (1) and (2) whose
sponsor is deployed to a combat theater.
(c) Toll-Free Number.--In carrying out this section, the Secretary
of Defense shall establish a toll-free informational telephone number
and website devoted to helping members of the Armed Forces and their
dependents recognize, and locate treatment providers for, post-
traumatic stress disorder and other forms of combat stress.
(d) Coordination.--The Secretary may permit the Department of
Defense to coordinate the program developed under subsection (a) with
an accredited college, university, hospital-based, or community-based
mental health center or engage mental health professionals to develop
programs to help implement this section.
(e) Availability in Other Languages.--The Secretary shall ensure
that the program developed under subsection (a) is made available in
foreign languages if necessary to aid comprehension among persons to be
helped by the program.
SEC. 5. IMPROVED COORDINATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Memorandum of Understanding.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall enter into a memorandum of
understanding to improve the transition of mental health-related cases
from the Department of Defense to the Department of Veterans Affairs.
(b) Matters Covered.--The memorandum of understanding under
subsection (a) shall specifically include requirements--
(1) that the Department of Defense report to the Department
of Veterans Affairs any case or suspected case of post-
traumatic stress disorder, or other disorders or symptoms that
result from deployment to a combat theater, in a member of the
Armed Forces upon the member's discharge from the Armed Force;
and
(2) that the Department of Defense report to the Department
of Veterans Affairs any disciplinary measures taken against a
member of the Armed Forces during or after service in a combat
theater upon the member's discharge from the Armed Forces.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the implementation of this section.
SEC. 6. CLEARINGHOUSE FOR INFORMATION RELATING TO COMBAT STRESS
TREATMENT PROFESSIONALS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall create an information clearinghouse
to improve the availability of information about mental health
professionals who treat combat stress.
SEC. 7. AVAILABILITY OF MENTAL HEALTH SERVICES UNDER TRICARE FOR
CERTAIN RESERVE MEMBERS AFTER DEACTIVATION.
The Secretary of Defense shall prescribe regulations to provide for
the availability of mental health services under the TRICARE program
under chapter 55 of title 10, United States Code, for an eligible
member of a reserve component of the Armed Forces and the family
members of the member, during the 24-month period following the date of
termination of the member's service in the reserve component. In this
section, a member of a reserve component is eligible if the member was
called or ordered to active duty for a period of more than 30 days
under a provision of law referred to in section 101(a)(13)(B) of title
10, United States Code, and who served continuously on active duty for
90 or more days in a combat zone pursuant to such call or order.
SEC. 8. DEFINITION.
In this Act, the term ``qualified mental health professional''
means--
(1) an accredited psychologist, psychiatrist, child
psychiatrist, psychiatric nurse, or clinical social worker; or
(2) a student seeking a post-graduate degree in one of the
following mental health-related fields: psychiatry, psychology,
psychiatric nursing, or clinical social work. | Military Health Services Improvement Act of 2005 - Directs the Secretary of Defense to prescribe a requirement that members of the Armed Forces: (1) deploying to a combat theater receive a pre-deployment mental health evaluation conducted by a qualified mental health professional; and (2) returning from service of more than 30 days in a combat theater, or injured in a combat theater, receive a post-deployment combat stress evaluation conducted by a qualified mental health professional.
Directs the Secretary to implement a program designed to: (1) raise awareness about mental health issues that members may encounter during and after deployment; and (2) reduce the stigma associated with mental health care.
Directs the Secretary to develop a program to improve awareness of the availability of mental health services for, and warning signs about mental health problems in, dependents of members who served or will serve in a combat theater during the previous or next 60 days. Requires such program to include a toll-free number and informational website.
Directs the Secretary: (1) and the Secretary of Veterans Affairs to enter into a memorandum of understanding to improve the transition of mental health-related cases from the Department of Defense (DOD) to the Department of Veterans Affairs (VA); (2) to create an information clearinghouse to improve the availability of information about mental health professionals who treat combat stress; and (3) to provide for the availability (for a two-year period) of mental health services under the TRICARE program (a DOD managed health care program) for reserve personnel who performed certain active duty (and their family members). | To require pre- and post-deployment mental health screenings for members of the Armed Forces, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Domestic Violence Hotline
Act of 1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) 4,000,000 women are battered by their partners each
year, of which 4,000 die as a result of such abuse;
(2) victims of domestic violence need access to resources
which will refer such victims and their children to safe homes
and shelters; and
(3) there is a need for a national domestic violence
hotline to provide information and assistance to victims of
domestic violence because a privately-funded national domestic
violence hotline which handled more than 65,000 crisis calls
annually no longer exists.
SEC. 3. GRANT FOR NATIONAL DOMESTIC VIOLENCE HOTLINE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401 et
seq.) is amended by adding at the end the following new section:
``SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
``(a) In General.--The Secretary shall provide a grant to a
nonprofit private organization to establish and operate a national,
toll-free telephone hotline to provide information and assistance to
victims of domestic violence. A grant provided under this subsection
may extend over a period of not more than 3 fiscal years and the
provision of payments under such grant shall be subject to the annual
approval by the Secretary and subject to the availability of
appropriations for the fiscal year involved to make the payments.
``(b) Application.--
``(1) In general.--The Secretary may not provide a grant
under subsection (a) unless an application that meets the
requirements of paragraph (2) has been approved by the
Secretary.
``(2) Requirements.--An application meets the requirements
of this paragraph if the application--
``(A) contains such agreements, assurances, and
information, and is in such form and submitted in such
manner as the Secretary shall prescribe through notice
in the Federal Register;
``(B) demonstrates that the applicant has
nationally recognized expertise in the area of domestic
violence and a record of high quality service to
victims of domestic violence, including support from
advocacy groups, particularly State coalitions and
recognized national domestic violence groups;
``(C) demonstrates that the applicant has a
commitment to diversity, including the hiring of and
provision of services to ethnic, racial, cultural, and
non-English speaking minorities, in addition to older
individuals and individuals with disabilities;
``(D) demonstrates that the applicant has the
ability to integrate the hotline into existing services
provided by the applicant to victims of domestic
violence;
``(E) includes a complete description of the
applicant's plan for the establishment and operation of
the hotline, including a description of--
``(i) the hiring criteria and training
program for hotline personnel;
``(ii) the methods for the creation,
maintenance, and updating of a resource
database for the hotline;
``(iii) a plan for providing service on a
24-hour-a-day basis to non-English speaking
callers, including hotline personnel who speak
Spanish;
``(iv) a plan for access to the hotline by
individuals with hearing impairments; and
``(v) a plan for publicizing the
availability of the hotline; and
``(F) contains such other information as the
Secretary may require.
``(c) Selection.--The Secretary shall select a nonprofit private
organization to receive a grant under subsection (a) which has been in
existence for at least 5 years from the date of submission of the
application by the organization.
``(d) Uses.--A grant made under subsection (a) shall be used to
establish and operate a national, toll-free telephone hotline to
provide information and assistance to victims of domestic violence. In
establishing and operating the hotline, a nonprofit private
organization shall--
``(1) contract with a carrier for the use of a toll-free
telephone line;
``(2) employ, train, and supervise personnel to answer
incoming calls and provide counseling and referral services to
callers on a 24-hour-a-day basis;
``(3) establish, maintain, and update a database of
information relating to services for victims of domestic
violence, including information on the availability of shelters
that serve battered women; and
``(4) publicize the hotline to potential users throughout
the United States.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $1,000,000 for each of the fiscal
years 1994 through 1996.
``(2) Availability.--Funds authorized to be appropriated
under paragraph (1) shall remain available until expended.''. | National Domestic Violence Hotline Act of 1993 - Amends the Family Violence Prevention and Services Act to direct the Secretary of Health and Human Services to provide a grant to a nonprofit private organization for a national, toll-free telephone hotline to provide information and assistance to victims of domestic violence. Authorizes appropriations. | National Domestic Violence Hotline Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``After School Education and Safety
Act of 1997''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve academic and social outcomes
for students by providing productive activities during after school
hours.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Today's youth face far greater social risks than did
their parents and grandparents.
(2) Students spend more of their waking hours alone,
without supervision, companionship, or activity than the
students spend in school.
(3) Law enforcement statistics show that youth who are ages
12 through 17 are most at risk of committing violent acts and
being victims of violent acts between 3 p.m. and 6 p.m.
(4) Greater numbers of students are failing in school and
the consequences of academic failure are more dire in 1997 than
ever before.
SEC. 4. GOALS.
The goals of this Act are as follows:
(1) To increase the academic success of students.
(2) To improve the intellectual, social, physical, and
cultural skills of students.
(3) To promote safe and healthy environments for students.
(4) To prepare students for workforce participation.
(5) To provide alternatives to drug, alcohol, tobacco, and
gang, activity.
SEC. 5. DEFINITIONS.
In this Act:
(1) School.--The term ``school'' means a public
kindergarten, or a public elementary school or secondary
school, as defined in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 6. PROGRAM AUTHORIZED.
The Secretary is authorized to carry out a program under which the
Secretary awards grants to schools to enable the schools to carry out
the activities described in section 7(a).
SEC. 7. AUTHORIZED ACTIVITIES; REQUIREMENTS.
(a) Authorized Activities.--
(1) Required.--Each school receiving a grant under this Act
shall carry out at least 2 of the following activities:
(A) Mentoring programs.
(B) Academic assistance.
(C) Recreational activities.
(D) Technology training.
(2) Permissive.--Each school receiving a grant under this
Act may carry out any of the following activities:
(A) Drug, alcohol, and gang, prevention activities.
(B) Health and nutrition counseling.
(C) Job skills preparation activities.
(b) Time.--A school shall provide the activities described in
subsection (a) only after regular school hours during the school year.
(c) Special Rule.--Each school receiving a grant under this Act
shall carry out activities described in subsection (a) in a manner that
reflects the specific needs of the population, students, and community
to be served.
(d) Location.--A school shall carry out the activities described in
subsection (a) in a school building or other public facility designated
by the school.
(e) Administration.--In carrying out the activities described in
subsection (a), a school is encouraged--
(1) to request volunteers from the business and academic
communities to serve as mentors or to assist in other ways;
(2) to request donations of computer equipment; and
(3) to work with State and local park and recreation
agencies so that activities that are described in subsection
(a) and carried out prior to the date of enactment of this Act
are not duplicated by activities assisted under this Act.
SEC. 8. APPLICATIONS.
Each school desiring a grant under this Act shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require. Each such
application shall--
(1) identify how the goals set forth in section 4 shall be
met by the activities assisted under this Act;
(2) provide evidence of collaborative efforts by students,
parents, teachers, site administrators, and community members
in the planning and administration of the activities;
(3) contain a description of how the activities will be
administered;
(4) demonstrate how the activities will utilize or
cooperate with publicly or privately funded programs in order
to avoid duplication of activities in the community to be
served;
(5) contain a description of the funding sources and in-
kind contributions that will support the activities; and
(6) contain a plan for obtaining non-Federal funding for
the activities.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$50,000,000 for each of the fiscal years 1998 through 2002. | After School Education and Safety Act of 1997 - Authorizes the Secretary of Education to award after-school education and safety program grants to schools to carry out at least two of the following activities: (1) mentoring programs; (2) academic assistance; (3) recreational activities; and (4) technology training. Allows each school also to carry out any of the following activities: (1) drug, alcohol, and gang prevention activities; (2) health and nutrition counseling; and (3) job skills preparation activities.
Requires the school to provide such grant-assisted activities: (1) only after regular school hours during the school year; (2) in a manner that reflects the specific needs of the population, students, and community to be served; and (3) in a school building or other public facility designated by the school.
Authorizes appropriations. | After School Education and Safety Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Models of Safety and Health
Excellence Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) since 1982 the Occupational Safety and Health
Administration has conducted voluntary protection programs
designed to recognize excellence in occupational safety and
health;
(2) Such programs have fostered partnerships between
employers, employees and the Occupational Safety and Health
Administration to improve workplace safety and health through
the implementation of effective safety and health programs;
(3) employers participating in such programs provide their
employees with a level of protection that substantially exceeds
the level of protection provided by compliance with the
requirements of the Occupational Safety and Health Act of 1970;
and
(4) as a result of these efforts, employers participating
in such programs have experienced injury and illness rates that
are on average less than half of their respective industry
averages, sparing thousands of America's working families
needless workplace tragedies.
(b) Purposes.--The purposes of this Act are to--
(1) recognize the exemplary leadership of voluntary
protection programs participants in improving occupational
safety and health at workplaces;
(2) encourage other employers to adopt such approaches to
protect their workers; and
(3) to codify such programs to ensure that the Occupational
Safety and Health Administration continues to develop them in
the future.
SEC. 3. VOLUNTARY PROTECTION PROGRAMS.
(a) In General.--The Secretary of Labor or the Secretary's
authorized representative shall establish and carry out voluntary
protection programs (in this section referred to as ``programs'') to
promote and recognize the achievement of worksites that demonstrate
excellence in workplace health and safety. The Secretary may choose, in
limited situations, to alter the application requirements in order to
expand the scope of worksites participating in the programs to include
nonstandard worksites such as short term construction sites and mobile
worksites. The Secretary shall encourage the participants in the
programs to share occupational safety and health expertise with other
employers. The Secretary shall also encourage the participation of
small business (as that term is defined by the Administrator of the
Small Business Administration) in the programs by implementing outreach
and assistance initiatives in cooperation with program participants and
shall develop program requirements that address the needs of small
businesses. The Secretary may provide for the development of equivalent
programs in State plan States.
(b) Program Requirements.--A program shall include the following:
(1) Application.--Applications for participation in the
programs must be signed by the worksite's management and to
demonstrate sufficient employee support. Employers who
volunteer under the programs shall be required to submit an
application to the Secretary of Labor demonstrating that the
worksite, with respect to which the application is made, meets
such requirements as the Secretary may require for
participation in the program. Requirements for excellence shall
include demonstrations of exemplary comprehensive programs to
assure--
(A) top level management leadership and active and
meaningful employee involvement;
(B) systematic assessment of hazards;
(C) comprehensive hazard prevention, mitigation,
and control programs;
(D) employee safety and health training; and
(E) safety and health program evaluation.
(2) Onsite evaluations.--There shall be onsite evaluations
of each permanent worksite by representatives of the Secretary
and others from the private and public sector as determined by
the Secretary.
(3) Information.--Employers who are approved by the
Secretary for participation in a program shall assure the
Secretary that such information as is necessary to evaluate the
employer's application and continued participation in the
program is made available to the Secretary.
(4) Reevaluations.--Periodic reevaluations by the Secretary
shall be required for continued participation in a program.
(c) Program Administration.--
(1) Exemptions.--A worksite which has been selected to
participate in a program shall, while participating in the
program, be exempt from inspections or investigations under the
Occupational Safety and Health Act of 1970, except that the
exemption shall not apply to inspections or investigations
arising from employee complaints, fatalities, catastrophes, or
significant toxic releases.
(2) Program acceptance and continued participation.--
Decisions regarding acceptance into the program and continued
participation in the program will be based on the applicant's
superior safety and health performance, as determined by the
Secretary or the Secretary's authorized representatives.
(3) Program participation.--Decisions regarding
participation in a program are in the sole discretion of the
Secretary or an authorized representative of the Secretary. | Models of Safety and Health Excellence Act of 1999 - Directs the Secretary of Labor to establish and carry out voluntary protection programs to promote and recognize the achievement of worksites that demonstrate excellence in workplace health and safety.
Authorizes the Secretary, in limited situations, to alter program application requirements to include nonstandard worksites such as short-term construction sites and mobile worksites.
Directs the Secretary to encourage: (1) program participants to share occupational safety and health expertise with other employers; (2) the participation of small business in the programs, through outreach and assistance initiatives and program requirements that address the needs of small businesses.
Authorizes the Secretary to provide for development of equivalent programs in State-plan States (under the Occupational Safety and Health Act of 1970 (OSHA)).
Sets forth program requirements for applications, on-site evaluations, information, and reevaluations.
Exempts worksites participating in the program from inspections or investigations under OSHA, except inspections or investigations arising from employee complaints, fatalities, catastrophes, or significant toxic releases.
Requires decisions regarding acceptance into, and continued participation in, the program to be based on the applicant's superior safety and health performance, as determined by, and in the sole discretion of, the Secretary or the Secretary's authorized representatives. | Models of Safety and Health Excellence Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Power Administration Sale
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Eklutna assets'' means the Eklutna
Hydroelectric Project and related assets as described in
section 4 and Exhibit A of the Eklutna Purchase Agreement.
(2) The term ``Eklutna Purchase Agreement'' means the
August 2, 1989, Eklutna Purchase Agreement between the
Department of Energy and the Eklutna Purchasers, together with
any amendments thereto which were adopted before the enactment
of this Act.
(3) The term ``Eklutna Purchasers'' means the Municipality
of Anchorage doing business as Municipal Light and Power, the
Chugach Electric Association, Inc. and the Matanuska Electric
Association, Inc.
(4) The term ``Memorandum of Agreement'' means the
Memorandum of Agreement entered into between the State of
Alaska, the Eklutna Purchasers, the Alaska Energy Authority,
and the Federal fish and wildlife agencies regarding the
protection, mitigation of damages to, and enhancement of fish
and wildlife, dated August 7, 1991.
(5) The term ``Secretary'' means the Secretary of Energy
except where otherwise specified.
(6) The term ``Snettishan assets'' means the Snettisham
Hydroelectric Project and related assets as described in
section 4 and Exhibit A of the Snettisham Purchase Agreement.
(7) The term ``Snettisham Purchase Agreement'' means the
February 10, 1989, Snettisham Purchase Agreement between the
Alaska Power Administration of the Department of Energy and the
Alaska Power Authority and its successors in interest, together
with any amendments thereto which were adopted before the
enactment of this Act.
SEC. 3. SALE OF SNETTISHAM AND EKLUTNA ASSETS.
(a) Snettisham.--The Secretary is authorized and directed to sell
and transfer the Snettisham assets to the State of Alaska in accordance
with the terms of this Act and the Snettisham Purchase Agreement.
(b) Eklutna.--The Secretary is authorized and directed to sell and
transfer the Eklutna assets to the Eklutna Purchasers in accordance
with the terms of this Act and the Eklutna Purchase Agreement.
(c) Cooperation of Other Agencies.--Other departments, agencies,
and instrumentalities of the United States shall cooperate with the
Secretary in implementing the sales and transfers under this Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to prepare, survey, or
acquire Snettisham and Eklutna assets for sale and transfer under this
Act. Such preparations and acquisitions shall provide sufficient title
in the assets to ensure beneficial use, enjoyment, and occupancy
thereof to the purchasers.
SEC. 4. EXEMPTION.
Following completion of the sales authorized by this Act, the
Eklutna and Snettisham hydroelectric projects, including future
modifications, shall continue to be exempt from the requirements of the
Federal Power Act (16 U.S.C. 791a et seq.). The exemption provided by
this section shall not affect the Memorandum of Agreement, and nothing
in this Act or in the Federal Power Act shall preclude the State of
Alaska from carrying out the responsibilities and authorities of the
Memorandum of Agreement.
SEC. 5. GENERAL PROVISIONS.
(a) Judicial Review.--(1) The United States District Court for the
District of Alaska shall have jurisdiction to review decisions made
under the Memorandum of Agreement and to enforce the provisions of the
Memorandum of Agreement, including the remedy of specific performance.
(2) Any action seeking review of the Fish and Wildlife Program of
the Governor of Alaska under the Memorandum of Agreement or challenging
actions of any of the parties to the Memorandum of Agreement prior to
the adoption of such Program shall be brought 90 days after the date on
which such Program is adopted by the Governor of Alaska or be barred.
(3) Any action seeking review of implementation of such Fish and
Wildlife Program shall be brought not later than 90 days after the
challenged act implementing such Program or be barred.
(b) Rights-of-Way and Other Lands for the Eklutna Project.--With
respect to Eklutna lands described in Exhibit A of the Eklutna Purchase
Agreement:
(1) The Secretary of the Interior shall issue rights-of-way
to the Alaska Power Administration for subsequent reassignment
to the Eklutna Purchasers at no cost to the Eklutna Purchasers.
(2) Such rights-of-way shall remain effective for a period
equal to the life of the Eklutna hydroelectric project as
extended by improvements, repairs, renewals, or replacements.
(3) Such rights-of-way shall be sufficient for the
operation, maintenance, repair, and replacement of, and access
to, the facilities of the Eklutna hydroelectric project located
on military lands and lands managed by the Bureau of Land
Management, including land selected by, but not yet conveyed
to, the State of Alaska.
(4) If the Eklutna Purchasers subsequently sell or transfer
the Eklutna hydroelectric project to private ownership, the
Bureau of Land Management may assess reasonable and customary
fees for continued use of the rights-of-way on lands managed by
the Bureau of Land Management and military lands in accordance
with applicable law.
(5) The Secretary shall transfer fee title to lands at
Anchorage Substation to the Eklutna Purchasers at no additional
cost if the Secretary of the Interior determines that pending
claims to and selections of those lands are invalid or
relinquished.
(6) With respect only to the Eklutna lands identified in
paragraphs 1. a., b., and c. of Exhibit A of the Eklutna
Purchase Agreement, the State of Alaska may select, and the
Secretary of the Interior shall convey, to the State, improved
lands under the selection entitlements in section 6 of the Act
of July 7, 1958 (Public Law 85-508) and the North Anchorage
Land Agreement of January 31, 1983. The conveyance of such
lands is subject to the rights-of-way provided to the Eklutna
Purchasers under paragraph (1).
(c) Lands for the Snettisham Project.--With respect to the
approximately 2,671 acres of Snettisham lands identified in paragraphs
1.a. and b. of Exhibit A of the Snettisham Purchase Agreement, the
State of Alaska may select, and the Secretary of the Interior shall
convey to the State, improved lands under the selection entitlement in
section 6 of the Act of July 7, 1958 (Public Law 85-508).
(d) Effect on State Selections.--Notwithstanding the expiration of
the right of the State of Alaska to make selections under section 6 of
the Alaska Statehood Act (Public Law 85-508; 72 Stat. 339), the State
of Alaska may select lands authorized for selection under this Act or
any Purchase Agreement incorporated into or ratified by this Act. The
State shall complete such selections within one year after the date of
the enactment of this Act. The Secretary of the Interior shall convey
lands selected by the State under this Act notwithstanding the
limitation contained in section 6(b) of the Alaska Statehood Act
(Public Law 85-508; 72 Stat. 339) regarding the occupancy,
appropriation, or reservation of selected lands. Nothing in this
subsection or in subsection (b)(6) or (c) of this section shall be
construed to authorize the Secretary of the Interior to convey to the
State of Alaska a total acreage of selected lands in excess of the
total acreage which could be transferred to the State of Alaska
pursuant to the Act of July 7, 1958 (Public Law 85-508) and other
applicable law.
(e) Repeal of Act of August 9, 1955.--The Act of August 9, 1955 (69
Stat. 618), concerning water resources investigations in Alaska, is
repealed.
(f) Treatment of Asset Sale.--The sales of assets under this Act
shall not be considered a disposal of Federal surplus property under
the provisions of section 203 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484) or section 13 of
the Surplus Property Act of 1944 (50 U.S.C. App. 1622).
(g) Application of Certain Laws.--(1) The Act of July 31, 1950 (64
Stat. 382) shall cease to apply on the date, as determined by the
Secretary, when all Eklutna assets have been conveyed to the Eklutna
Purchasers.
(2) Section 204 of the Flood Control Act of 1962 (Public Law 87-
874; 76 Stat. 1193) shall cease to apply effective on the date, as
determined by the Secretary, when all Snettisham assets have been
conveyed to the State of Alaska.
SEC. 6. TERMINATION OF ALASKA POWER ADMINISTRATION.
(a) Termination of Alaska Power Administration.--Not later than one
year after both of the sales authorized in this Act have occurred, as
measured by the Transaction Dates stipulated in the Purchase
Agreements, the Secretary shall--
(1) complete the business of, and close out, the Alaska
Power Administration;
(2) prepare and submit to Congress a report documenting the
sales; and
(3) return unobligated balances of funds appropriated for
the Alaska Power Administration to the Treasury of the United
States.
(b) DOE Organization Act.--Section 302(a) of the Department of
Energy Organization Act (42 U.S.C. 7152(a)) is amended as follows:
(1) In paragraph (1)--
(A) by striking out subparagraph (C); and
(B) by redesignating subparagraphs (D), (E), and
(F) as subparagraphs (C), (D), and (E) respectively.
(2) In paragraph (2), by striking out ``the Bonneville
Power Administration, and the Alaska Power Administration'' and
inserting in lieu thereof ``and the Bonneville Power
Administration''.
The amendments made by this subsection shall take effect on the date on
which the Secretary submits the report referred to in paragraph (2) of
subsection (a).
Amend the title to read as follows: ``To authorize the
Secretary of Energy to sell the Snettisham and Eklutna
hydroelectric projects administered by the Alaska Power
Administration, and for other purposes.''. | Alaska Power Administration Sale Act - Directs the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (Eklutna Purchasers). Authorizes appropriations.
Declares that both Projects shall continue to be exempt from Federal Power Act requirements (subject to a certain Memorandum of Agreement). Grants jurisdiction to the U.S. District Court for the District of Alaska to review and enforce such Memorandum, including the remedy of specific performance.
Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under a certain statutory selection entitlement.
Grants the State of Alaska one year within which to select lands authorized under this Act or any Purchase Agreement incorporated or ratified by it, notwithstanding expiration of such right under specified law.
Sets a deadline by which the Secretary of Energy must: (1) complete the business of and close out the Alaska Power Administration (APA); (2) submit a report to the Congress documenting such sale; and (3) return unobligated balances of funds appropriated for the (APA) to the Treasury.
States that termination of the APA shall take effect upon submission of such report. | Alaska Power Administration Sale Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indoor Air Act of 1994''.
SEC. 2. COORDINATION.
The Administrator shall consult and coordinate with the Secretary
of Labor, the Secretary of Energy, the Director of the National
Institute for Occupational Safety and Health, the Consumer Product
Safety Commission, and other appropriate agencies in implementing this
Act.
SEC. 3. GUIDELINES FOR IDENTIFYING, REDUCING, AND PREVENTING
SIGNIFICANT INDOOR AIR HEALTH RISKS.
(a) List.--Not later than 4 years after the enactment of this Act,
the Administrator shall, after notice and opportunity of at least 90
days for public comment, publish a list of common significant indoor
air health risks. In identifying a common significant indoor air health
risk, the Administrator shall use the best reasonably available
scientific data.
(b) Guidelines.--Concurrently with the listing of each common
significant indoor air health risk under subsection (a), the
Administrator shall, after notice and opportunity of at least 90 days
for public comment, publish voluntary guidelines for identifying,
reducing, and preventing the common significant indoor air health risk.
Such guidelines may include information and a range of recommendations
for operation and maintenance of existing buildings, the design and
construction of new buildings, building renovation, and such other
activities as necessary to identify and reduce or prevent the common
significant indoor air health risks listed under subsection (a). The
guidelines shall achieve significant risk reduction, be technologically
achievable and readily implementable, take into consideration safety,
energy, and other relevant factors, include an assessment of their
effectiveness and cost, and be based on available research and
expertise and the study priorities established by the Administrator
pursuant to subsection (e).
(c) Review and Revision.--The Administrator shall periodically
review and, as necessary, after notice and opportunity of at least 90
days for public comment, revise the list of common significant indoor
air health risks and the guidelines published under this section. At a
minimum, a review and revision shall be completed not later than 4
years after the initial publication of the list and guidelines.
(d) Consistency With Indoor Air Regulations of Other Federal
Agencies.--The Administrator shall, after consultation with the
Secretary of Labor, insure that the guidelines under this section are
fully consistent with any Federal workplace regulations addressing
indoor air quality risks. The guidelines may recommend such additional
voluntary actions as may be necessary to protect persons other than
workers covered by such regulations from common significant indoor air
health risks listed under subsection (a). The Administrator shall,
after consultation with the Secretary of Energy, insure that the
guidelines under this section are consistent with applicable energy
conservation and efficiency laws and regulations administered by the
Secretary.
(e) Priority for Indoor Air Health Studies.--The Administrator
shall, subject to the availability of appropriations and using existing
authorities, give priority to conducting and providing financial or
other assistance to studies concerning indoor air quality, including
the following:
(1) Human exposure to indoor air pollutants, including
baseline levels of exposure in various types of buildings.
(2) The sources of indoor air pollutants.
(3) The effects on human health of indoor air pollutants,
including additive, cumulative, and synergistic effects on the
general population and subpopulations particularly at risk.
(4) Methods for identifying, reducing, and preventing
common significant indoor air health risks.
Appropriate studies, such as those under paragraph (1) and (3), shall
be subject to peer review.
SEC. 4. INDOOR AIR CONTRACTORS.
(a) Report.--Not later than 2 years after the commencement of
fiscal year 1996, and after notice and opportunity of at least 90 days
for public comment, the Administrator shall submit a report to Congress
on persons operating contractor businesses engaged in the
identification, reduction, and prevention of significant indoor air
health risks. Such report shall identify the types or classes of
contractors regularly engaged in identifying and reducing or preventing
significant indoor air health risks and shall determine the need for a
program to certify contractors engaged in 1 or more activities relating
to the identification and reduction or prevention of significant indoor
air health risks, taking into account costs, benefits, the availability
of persons with adequate training, experience, and expertise, the funds
needed for such a program, and other relevant factors. The report shall
also consider whether such a program should be carried out by the
Administrator directly or by contract, or by another Federal agency or
by State or local government.
(b) Certification.--(1) Based on the report under subsection (a),
not later than 2 years after the report required by subsection (a) is
submitted to Congress, and after notice and opportunity of at least 90
days for public comment, the Administrator shall establish a program to
provide for the certification of contractors engaged on a regular basis
in the identification of common significant indoor air health risks.
Based on the report under subsection (a), and after notice and
opportunity of at least 90 days for public comment, the Administrator
may also establish a program to certify appropriate contractors engaged
in the reduction or prevention of common significant indoor air health
risks.
(2) No person may be certified under any program established under
paragraph (1) unless, at a minimum--
(A) such person demonstrates an ability to comply with the
guidelines established under section 3; and
(B) individuals engaged in the identification, reduction,
or prevention of common significant indoor air health risks on
behalf of such person complete an appropriate course of
training, as defined by the Administrator.
Persons certified under this subsection shall comply with the
guidelines under section 3 when engaged in the identification,
reduction, or prevention of common significant indoor air health risks.
(c) Fees.--A reasonable nondiscriminatory annual fee for the
certification of persons under this section shall be imposed by the
Administrator or by such other agency or contractor that operates the
program. The fee shall be periodically established at such level as is
necessary to cover all costs of the certification program under this
section. Such fees shall be structured such that a person's liability
for such fees is reasonably based on the proportion of the program's
operating costs that relate to such person, and such person's liability
for such fees shall not be based on the income of such person. Such
fees, if collected by the Administrator, shall be available, subject to
appropriations, to the Administrator to pay for such costs or to
reimburse another Federal agency or a State or local government. The
collection and use of fees shall be audited by the Administrator.
(d) Suspension or Revocation.--The Administrator may suspend or
revoke any certification issued under this section whenever the
Administrator determines, after notice of at least 60 days to such
person, that the holder of the certification has violated any
requirement of this section or condition of such certification. Any
person whose certification is proposed to be suspended or revoked, or
whose certification is denied, by the Administrator shall be entitled
to an administrative hearing.
(e) Participation.--Participation in the certification program
under this section shall be voluntary.
SEC. 5. PUBLIC AWARENESS.
(a) Information.--The Administrator shall publish and disseminate--
(1) the list of common significant indoor air health risks
under section 3,
(2) the guidelines under section 3 for identifying,
reducing, and preventing common significant indoor air health
risks, and
(3) the indoor air health advisories under subsection (b).
(b) Indoor Air Health Advisories.--The Administrator shall, after
notice and opportunity of at least 90 days for public comment, and
after review and comment by the Science Advisory Board, publish health
advisories addressing the health effects of common significant indoor
air health risks. Each health advisory shall, at a minimum--
(1) describe the adverse human health effects of a common
significant indoor air health risk, including the risk to
vulnerable subpopulations;
(2) characterize the causes of the significant indoor air
health risk; and
(3) summarize the guidelines under section 3 for
identifying, reducing, and preventing the significant indoor
air health risk.
The Administrator shall publish a health advisory for a common
significant indoor air health risk at the same time that the
Administrator publishes guidelines for such health risk under section
3.
SEC. 6. HEALTHY BUILDINGS PROGRAM.
The Administrator shall, after notice and opportunity of at least
90 days for public comment, develop a voluntary program to provide
Federal recognition to buildings that are operated and maintained,
taking into consideration all uses of the building, to prevent or
minimize common significant indoor air health risks in an exemplary
manner while at the same time providing significant energy efficiency
benefits and for which there are no outstanding indoor air quality
citations by other agencies. Such recognition shall be based on
objective, nondiscriminatory criteria.
SEC. 7. STATE AND LOCAL INDOOR AIR HEALTH GRANTS.
(a) In General.--The Administrator may provide grants to States and
to local governments to develop and implement programs proposed by any
such State or local government to identify, reduce, and prevent common
significant indoor air health risks.
(b) Federal Share of Funding.--The Federal share of grants under
this section shall not exceed 75 percent of the costs incurred in
developing and implementing such programs. Such share shall be based on
the availability of funds appropriated annually and shall supplement
State funds for this purpose. The Administrator, in making such grants,
shall seek to treat all States equitably.
SEC. 8. BUILDING HEALTH ASSESSMENT PROGRAM.
(a) Authority.--The Director of the National Institute for
Occupational Safety and Health shall implement a Building Assessment
Program to provide assistance and guidance to employers and employees
on measures to reduce significant indoor air health risks.
(b) Selection of Buildings for Assessment.--An assessment may be
initiated in response to a request from any employer or employee
(including an authorized representative of the employee) submitted to
the Director for a building assessment. In making such voluntary
assessment, the Director shall have the authority, pursuant to such
request, to conduct on-site assessments of individual buildings,
including Federal, State, and municipal buildings. In selecting a
building for assessment pursuant to such request, the Director shall
consider (1) the seriousness and extent of significant indoor air
health risks, and (2) the potential for the building assessment to
expand knowledge of building assessment methods and response measures.
(c) Assessment Elements.--Assessments shall include, at a minimum,
identification of (1) probable significant indoor air health risks, (2)
probable sources and health effects of identified significant indoor
air health risks, and (3) in cases where a probable health risk has
been identified, measures for eliminating, controlling, or reducing
significant indoor air health risks. If there are applicable guidelines
under section 3, the measures included in the assessment shall be
consistent with the guidelines, unless the Director adequately explains
otherwise.
(d) Reports.--The Director shall prepare and provide a report to
the employer, employees (and the authorized representative of the
employees), and the building owner or representative as promptly as
possible.
SEC. 9. DISCLAIMER.
Nothing in this Act shall affect the Administrator's authority
under other provisions of law to conduct research, development, or
demonstration projects relating to indoor air quality or be construed
as providing new authority to conduct research, development, or
demonstrations. Nothing in this Act shall be construed as applying to
motor vehicles of any kind.
SEC. 10. RELATION TO OTHER LAW.
(a) State and Local Authority.--Nothing in this Act shall preempt
any Federal, State, or local law or rule of law which is more
protective of human health than this Act.
(b) Occupational Safety and Health.--In exercising any authority
under this Act, the Administrator shall not, for purposes of section
4(b)(1) of the Occupational Safety and Health Act of 1970, be deemed to
be exercising statutory authority to prescribe or enforce standards or
regulations affecting occupational safety and health.
(c) Relationship to Other EPA Authorities.--The Administrator shall
insure that any action under this Act is consistent with, and does not
duplicate, actions of the Administrator under other authority of law
addressing indoor air quality. Except as provided in section 4, nothing
in this Act shall be construed as authorizing the Administrator to
exercise any authority to prescribe or enforce any standards or
regulations regarding common significant indoor air health risks.
SEC. 11. REPORTS.
Not later than 2 years after the commencement of fiscal year 1996
and every 2 years thereafter, the Administrator shall submit to the
Congress a report on the activities carried out by the Administrator
pursuant to this Act.
SEC. 12. RISK ANALYSIS AND PRESENTATION.
(a) Goal.--It is the intent of Congress that risk assessments
conducted under this Act be conducted in accordance with sound,
unbiased, and objective scientific practices.
(b) Public Documents.--The Administrator, in carrying out the
Administrator's responsibilities under this Act, shall ensure that the
presentation of information on significant indoor air health risks is
unbiased and informative. To the extent feasible, documents made
available to the general public which describe the degree of risk from
exposure shall, at a minimum, characterize the population or
populations addressed by any risk estimates; state the expected risk
for the specific population; and state the reasonable range of
uncertainty.
SEC. 13. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``significant indoor air health risk'' means a
level of indoor air pollutants, or a condition that may result
in a level of indoor air pollutants, that, based on adequate
scientific and technical evidence and measurement, is
reasonably anticipated to adversely affect human health.
(3) The term ``indoor air pollutant'' means any substance
or biological organism which is emitted into, or otherwise
enters, air of any kind in a building, structure, or facility.
(4) The term ``person'' includes an individual, a
corporation, partnership, association, State, municipality,
political subdivision of a State, and any agency, department,
or instrumentality of the executive, legislative or judicial
branch of the Government of the United States or of any State
and any officer, agent or employee thereof.
(5) The term ``State'' includes the District of Columbia,
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Maraiana Islands.
SEC. 14. AUTHORIZATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Amend the title so as to read: ``A bill to authorize a
national program to reduce the threat to human health posed by
exposure to contaminants in the air indoors.''. | Indoor Air Act of 1994 - Directs the Administrator of the Environmental Protection Agency to publish: (1) a list of common significant indoor air health risks; and (2) concurrently with such list, voluntary guidelines for identifying, reducing, and preventing such risks.
Requires the Administrator to give priority to conducting and providing financial or other assistance to studies concerning indoor air quality.
Directs the Administrator to: (1) report to the Congress on persons operating contractor businesses engaged in the identification, reduction, and prevention of significant indoor air health risks and on the need for a program to certify contractors engaged in such activities; and (2) establish a voluntary certification program for contractors engaged in the identification of such risks. Imposes fees for certification. Authorizes the suspension or revocation of certifications for violations of certification requirements.
Directs the Administrator to publish and disseminate the list of common significant indoor air health risks, the guidelines for identifying, reducing, and preventing such risks, and indoor air health advisories addressing the health effects of such risks.
Requires the Administrator to develop a voluntary program to provide Federal recognition to buildings that are operated and maintained to prevent or minimize such risks and that provide significant energy efficiency benefits.
Authorizes the Administrator to provide grants to States and local governments to implement programs to identify, reduce, and prevent such risks.
Requires the Director of the National Institute for Occupational Safety and Health to implement a Building Assessment Program to provide assistance and guidance to employers and employees on measures to reduce such risks. Authorizes the Director, at the request of an employer or employee, to conduct on-site assessments of buildings.
Directs the Administrator to ensure that the presentation of information on significant indoor air health risks is unbiased and informative.
Authorizes appropriations. | Indoor Air Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Parks Capital Improvements
Act of 1997''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Fundraising organization.--The term ``fundraising
organization'' means an entity authorized to act as a
fundraising organization under section 3(a).
(2) National park foundation.--The term ``National Park
Foundation'' means the foundation established under the Act
entitled ``An Act to establish the National Park Foundation'',
approved December 18, 1967 (16 U.S.C. 19e et seq.).
(3) Park.--The term ``park'' means--
(A) the Grand Canyon National Park; and
(B) any other national park designated by the
Secretary that has an approved general management plan
with capital needs in excess of $5,000,000.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. FUNDRAISING ORGANIZATION.
(a) In General.--The Secretary may enter into a memorandum of
agreement under section 4 with an entity to act as an authorized
fundraising organization for the benefit of the park.
(b) Bonds.--The fundraising organization shall issue taxable bonds
in return for the park surcharge collected under section 5.
(c) Professional Standards.--The fundraising organization shall
abide by all relevant professional standards regarding the issuance of
securities and shall comply with all Federal and State law.
(d) Audit.--The fundraising organization shall be subject to an
audit by the Secretary.
(e) No Liability For Bonds.--The United States shall not be liable
for the security of any bonds issued by the fundraising organization.
SEC. 4. MEMORANDUM OF AGREEMENT.
The fundraising organization shall enter into a memorandum of
agreement that specifies--
(1) the amount of the bond issue;
(2) the maturity of the bonds, not to exceed 20 years;
(3) the per capita amount required to amortize the bond
issue, provide for the reasonable costs of administration, and
maintain a sufficient reserve consistent with industry
standards; and
(4) any project that will be funded with the bond proceeds
and the specific responsibilities of the Secretary and the
fundraising organization with respect to the project.
SEC. 5. PARK SURCHARGE OR SET-ASIDE.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the Interior may authorize the Superintendent of the
park--
(1) to charge and collect, in addition to the entrance fee
collected pursuant to section 4 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a), a surcharge
in an amount not to exceed $2 for each individual charged the
entrance fee; or
(2) to set aside not more than $2 for each individual
charged the entrance fee.
(b) Limit.--The total amount charged or set aside under subsection
(a) may not exceed $2 for each individual charged an entrance fee.
(c) Use.--The surcharge or set-aside shall be used by the
fundraising organization to amortize the bond issue, provide for the
reasonable costs of administration, and maintain a sufficient reserve
consistent with industry standards.
(d) Excess Funds.--Any funds collected in excess of the amount
necessary to amortize the bond issue, pay reasonable administrative
expenses, and maintain a sufficient reserve, as determined by the bond
underwriter, shall be remitted to the National Park Foundation to be
used for the benefit of all units of the National Park System.
SEC. 6. USE OF BOND PROCEEDS.
(a) Eligible Projects.--
(1) In general.--Subject to paragraph (2), bond proceeds
under this Act may be used for a project for the design,
construction, operation, maintenance, repair, or replacement of
a facility in the park.
(2) Limitation.--A project referred to in paragraph (2)
shall be consistent with--
(A) the laws governing the National Park System;
(B) any law governing the park; and
(C) the general management plan for the park.
(b) Interest on Bond Proceeds.--Any interest earned on bond
proceeds shall--
(1) be used by the fundraising organization to--
(A) meet reserve requirements; and
(B) defray reasonable administrative expenses; and
(2) to the extent funds are available in excess of the
amount required for paragraph (1), be remitted to the National
Park Foundation for the benefit of all units of the National
Park System.
SEC. 7. ADMINISTRATION.
The Secretary, in consultation with the Secretary of Treasury,
shall issue regulations to carry out this Act. | National Parks Capital Improvements Act of 1997 - Authorizes the Secretary of the Interior to enter into a memorandum of agreement with an entity to act as an authorized fund raising organization for the benefit of the Grand Canyon National Park and any other national park designated by the Secretary that has an approved general management plan with capital needs in excess of $5 million. Requires the organization to issue taxable bonds in return for a park surcharge. Exempts the United States from liability for such bonds.
Authorizes the Secretary to: (1) permit the Superintendent of the park to charge and collect, in addition to the entrance fee, a surcharge of not to exceed two dollars; or (2) set aside not more than two dollars for each entrance fee. Requires: (1) the surcharge or set-aside to be used by the organization to amortize the bond issue, to provide for the reasonable costs of administration, and to maintain a sufficient reserve consistent with industry standards; and (2) any excess funds to be remitted to the National Park Foundation (NPF) to be used for the benefit of all National Park System (NPS) units.
Allows bond proceeds to be used for a park facility project that is consistent with: (1) the laws governing the NPS and the park; and (2) the general management plan for the park.
Requires interest earned on bond proceeds to be: (1) used by the organization to meet reserve requirements and defray reasonable administrative expenses; and (2) remitted to the NPF for the benefit of all NPS units, to the extent funds are available in excess of the amount required for projects. | National Parks Capital Improvements Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Reform in Campaigns Act''.
SEC. 2. REQUIRING MAJORITY OF HOUSE OF REPRESENTATIVES CANDIDATE FUNDS
TO COME FROM INDIVIDUALS RESIDING IN DISTRICT.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(i) A candidate for the office of Senator or the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress may not accept contributions with respect to an election cycle
from persons other than individuals who reside in the State involved in
excess of the total of contributions accepted from individuals who
reside in the State involved.''.
SEC. 3. WORKER RIGHT TO KNOW.
(a) Contributions of Labor Organizations to All Political
Committees Included.--Paragraph (2) of section 316(b) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by
inserting ``political committee,'' after ``campaign committee,''.
(b) Applicability of Requirements to Labor Organizations.--Section
316(b) of such Act (2 U.S.C. 441b(b)) is amended by adding at the end
the following new paragraph:
``(8)(A) Subparagraphs (A), (B), and (C) of paragraph (2) shall not
apply to a labor organization unless the organization meets the
requirements of subparagraphs (B), (C), and (D).
``(B) The requirements of this subparagraph are met only if the
labor organization provides, at least once annually, to all employees
within the labor organization's bargaining unit or units (and to new
employees within 30 days after commencement of their employment)
written notification presented in a manner to inform any such
employee--
``(i) that an employee cannot be obligated to pay, through
union dues or any other mandatory payment to a labor
organization, for the political activities of the labor
organization, including, but not limited to, the maintenance
and operation of, or solicitation of contributions to, a
political committee, political communications to members, and
voter registration and get-out-the-vote campaigns;
``(ii) that no employee may be required actually to join
any labor organization, but if a collective bargaining
agreement covering an employee purports to require membership
or payment of dues or other fees to a labor organization as a
condition of employment, the employee may elect instead to pay
an agency fee to the labor organization;
``(iii) that the amount of the agency fee shall be limited
to the employee's pro rata share of the cost of the labor
organization's exclusive representation services to the
employee's collective bargaining unit, including collective
bargaining, contract administration, and grievance adjustment;
``(iv) that an employee who elects to be a full member of
the labor organization and pay membership dues is entitled to a
reduction of those dues by the employee's pro rata share of the
total spending by the labor organization for political
activities;
``(v) that the cost of the labor organization's exclusive
representation services, and the amount of spending by such
organization for political activities, shall be computed on the
basis of such cost and spending for the immediately preceding
fiscal year of such organization; and
``(vi) of the amount of the labor organization's full
membership dues, initiation fees, and assessments for the
current year; the amount of the reduced membership dues,
subtracting the employee's pro rata share of the organization's
spending for political activities, for the current year; and
the amount of the agency fee for the current year.
``(C) The requirements of this subparagraph are met only if the
labor organization provides all represented employees an annual
examination by an independent certified public accountant of financial
statements supplied by such organization which attests that the
expenditures which the union claimed it made for certain expenses were
actually made for those expenses. Such examination shall be conducted
in accordance with generally accepted auditing standards.
``(D) The requirements of this subparagraph are met only if the
labor organization--
``(i) maintains procedures to promptly determine the costs
that may properly be charged to agency fee payors as costs of
exclusive representation, and explains such procedures in the
written notification required under subparagraph (B); and
``(ii) if any person challenges the costs which may be
properly charged as costs of exclusive representation--
``(I) provides a mutually selected impartial
decisionmaker to hear and decide such challenge
pursuant to rules of discovery and evidence and subject
to de novo review by the National Labor Relations Board
or an applicable court; and
``(II) places in escrow amounts reasonably in
dispute pending the outcome of the challenge.
``(E)(i) A labor organization that does not satisfy the
requirements of subparagraphs (B), (C), and (D) shall finance any
expenditures specified in subparagraphs (A), (B), or (C) of paragraph
(2) only with funds legally collected under this Act for its separate
segregated fund.
``(ii) For purposes of this paragraph, subparagraph (A) of
paragraph (2) shall apply only with respect to communications expressly
advocating the election or defeat of any clearly identified candidate
for elective public office.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to contributions and expenditures made after the date of
the enactment of this Act.
SEC. 4. PROMOTING DISCLOSURE OF INFORMATION ON CAMPAIGN SPENDING BY
ELIMINATING THRESHOLDS FOR REPORTING.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) is amended--
(1) by striking ``$200'' each place it appears in
subsections (b)(3)(A), (b)(3)(F), (b)(3)(G), (b)(5)(A),
(b)(6)(A), (b)(6)(B)(iii), (b)(6)(B)(v), and (c)(2)(C) and
inserting ``$1''; and
(2) in subsection (c)(1), by striking ``$250'' and
inserting ``$1''.
SEC. 5. EQUALIZATION OF LIMITS ON CONTRIBUTIONS TO CANDIDATES BY
INDIVIDUALS AND PACS.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)) is amended--
(1) in paragraph (1)(A), by striking ``$1,000'' and
inserting ``$2,500''; and
(2) in paragraph (2)(A), by striking ``$5,000'' and
inserting ``$2,500''.
SEC. 6. INDEXING OF AMOUNT OF LIMITATION ON AGGREGATE ANNUAL INDIVIDUAL
CONTRIBUTIONS.
Section 315(a)(3) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(3)) is amended--
(1) by striking ``(3)'' and inserting ``(3)(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) For calendar years beginning with 1999, the amount in effect
under this paragraph shall be equal to the amount in effect in the
previous calendar year, increased (in a compounded manner) by the
percentage increase in the price index (as defined in subsection
(c)(2)) for the previous calendar year. In the case of any amount
adjusted under this subparagraph which is not a multiple of $100, the
amount shall be rounded to the nearest highest multiple of $100.''.
SEC. 7. REQUIRING FEC TO MAKE REPORTS AVAILABLE ON INTERNET WITHIN 48
HOURS OF RECEIPT.
Section 311(a)(4) of the Federal Election Campaign Act of 1971 (2
U.S.C. 438(a)(4)) is amended by striking ``make them available for
public inspection,'' and inserting ``post them on the Internet and
otherwise make them available for public inspection,''.
SEC. 8. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act shall
apply with respect to election occurring after January 1999. | Election Reform in Campaigns Act - Amends the Federal Election Campaign Act of 1971 (FECA) to prohibit House candidates from accepting contributions in an election cycle from persons in excess of the total of contributions accepted from individuals who reside in the State involved.
(Sec. 3) Modifies the term "contribution or expenditure" (as defined for the purposes of FECA and the Public Utility Holding Company Act) to include contributions and expenditures made to political committees by national banks, corporations, and labor organizations.
Prohibits applying current FECA requirements regarding certain permissible political activities by national banks, corporations, and labor organizations to labor organizations unless specified conditions are met. Sets a limitation on communications made by labor organizations to their members and families.
(Sec. 4) Eliminates thresholds for the reporting of identification information of certain persons.
(Sec. 5) Equalizes the separate individual multicandidate political committees limits on contributions to candidates.
(Sec. 6) Indexes the amount of the limitation on aggregate annual annual individual contributions.
(Sec. 7) Revises requirements relating to the administrative duties of the Federal Election Commission (FEC) to require the FEC to post FECA reports on the Internet within 48 hours of receipt by the FEC. | Election Reform in Campaigns Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Pediatric HIV/AIDS
Network Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) HIV/AIDS causes the death of more individuals than any
other infectious disease, surpassing even tuberculosis and
malaria, the leading causes of death since antiquity. In 2003
HIV/AIDS caused the death of more than 3,000,000 individuals.
(2) Worldwide, approximately 40,000,000 adults and children
are infected with HIV, and approximately 28,000,000 individuals
have died of AIDS since the beginning of the epidemic,
including approximately 5,600,000 children.
(3) Approximately 50 percent of all new HIV infections
occur among young people 15 to 24 years of age.
(4) Each day more than 2,000 children are infected with HIV
and 16 percent of all new HIV infections involve children.
(5) In 2003 more than 700,000 children became infected with
HIV and a total of approximately 2,500,000 children were living
with HIV/AIDS.
(6) In 2003 approximately 500,000 children died from AIDS.
By the end of 2003 a total of more than 5,600,000 children had
died from AIDS since the beginning of the epidemic.
(7) The HIV/AIDS epidemic has a devastating impact on
children and families. More than 14,000,000 children have been
orphaned as a result of HIV/AIDS, of whom 95 percent live in
sub-Saharan Africa.
(8) The following represents the approximate number of
children under the age of 15 who are living with HIV/AIDS in
the countries indicated: 270,000 in Nigeria, 250,000 in South
Africa, 230,000 in Ethiopia, 220,000 in Kenya, 170,000 in
Tanzania, 150,000 in Zambia, 110,000 in Uganda, 84,000 in Cote
d'Ivoire, 80,000 in Mozambique, 65,000 in Rwanda, 30,000 in
Namibia, 170,000 in India, 2,000 in the People's Republic of
China, and 800 in Guyana.
(9) These countries are developing countries in which very
few individuals infected with HIV have access to antiretroviral
therapies.
(10) Approximately 50 percent of all individuals who become
infected with HIV acquire the virus before the age of 25 and
die from AIDS or AIDS-related illnesses before the age of 35.
The propensity of HIV to infect adolescents and young adults
poses a unique threat to children for acquisition of the virus.
(11) In addition, 95 percent of HIV/AIDS-associated deaths
occur in developing countries. Some projections indicate that
by 2005 the number of individuals infected with HIV in Africa
may double to approximately 60,000,000 individuals. Asia,
especially India and the People's Republic of China, is
acknowledged to represent the next region to experience a major
increase in the HIV/AIDS epidemic.
(12) There is also a lack of health care professionals with
expertise or experience in treating children infected with HIV,
including the provision of therapy, dosing, administration, and
monitoring. Treatment for children infected with HIV is not as
widely available as it is for adults infected with HIV and thus
children represent a disproportionate share of those
individuals infected with HIV who do not have access treatment.
(13) Most health care professionals in developing countries
lack formal education or training in pediatric HIV/AIDS
treatment, have limited access to relevant scientific and
medical literature, and do not network or collaborate with
their colleagues in other institutions on any regular basis.
(14) Formal research training for such health care
professionals is almost non-existent, as well as studies
specifically designed to address practical and affordable
approaches to the prevention and treatment of HIV/AIDS.
Infrastructure for the conduct of HIV/AIDS clinical research is
lacking in most developing countries.
(15) The establishment of a network of pediatric centers to
provide treatment and care for children with HIV/AIDS in
developing countries and the training of pediatric health care
professionals would be an important contribution to the
prevention, treatment, and monitoring of HIV/AIDS cases in
those countries.
(16) The establishment of this network will mean that
approximately 40,000 children with HIV/AIDS will receive
treatment and care at the pediatric centers during the five
year-period beginning immediately after the establishment of
the network. This will dramatically enhance the global
infrastructure and capacity for HIV/AIDS care and treatment and
clinical research. Each center would become self-sustaining
after the initial five year-period.
(17) These centers will be developed and staffed
collaboratively by United States and local professionals. The
centers would be modeled after two landmark international
pediatric HIV/AIDS care and treatment centers already
established and operating in Constanta, Romania, and Gaborone,
Botswana.
(18) Based on the model of the pediatric HIV/AIDS care and
treatment centers in Constanta, Romania and Gaborone, Botswana,
these centers will make a valuable contribution not only to the
treatment of HIV/AIDS, but also to routine care, psychosocial
care, and nutritional and other child life services.
SEC. 3. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961.
(a) Network of Pediatric HIV/AIDS Centers.--Section 104A(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2(d)) is amended by
adding at the end the following new paragraph:
``(8) Network of pediatric hiv/aids centers.--The
establishment and operation by one or more public-private
partnership entities described in paragraph (7) of a network of
pediatric centers in countries in sub-Saharan Africa, the
Republic of India, the People's Republic of China, the Co-
operative Republic of Guyana, and other countries and areas
with high rates of HIV/AIDS to provide treatment and care for
children with HIV/AIDS in such countries and areas and to
provide training of pediatric health care professionals at such
centers.''.
(b) Funding.--Section 104A of the Foreign Assistance Act of 1961 is
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Funding for Network of Pediatric HIV/AIDS Centers.--Of the
funds made available to carry out this section for fiscal years 2005
through 2009, not less than $10,000,000 for each such fiscal year is
authorized to be made available to carry out subsection (d)(8).''. | International Pediatric HIV/AIDS Network Act of 2004 - Amends the Foreign Assistance Act of 1961 to provide for the establishment and operation of a network of pediatric centers in countries in sub-Saharan Africa, the Republic of India, the People's Republic of China, the Co-operative Republic of Guyana, and other countries and areas with high rates of HIV/AIDS to provide: (1) treatment and care for children with HIV/AIDS; and (2) training of pediatric health care professionals. | To amend the Foreign Assistance Act of 1961 to provide for the establishment of a network of pediatric centers in certain developing countries to provide treatment and care for children with HIV/AIDS, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arizona National Forest Improvement
Act of 2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the city of Sedona, Arizona.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any and all right,
title, and interest of the United States in and to the following
National Forest System land and administrative sites:
(1) The Camp Verde Administrative Site, comprising
approximately 213.60 acres, as depicted on the map entitled ``Camp
Verde Administrative Site'', dated April 12, 1997.
(2) A portion of the Cave Creek Administrative Site, comprising
approximately 16 acres, as depicted on the map entitled ``Cave
Creek Administrative Site'', dated May 1, 1997.
(3) The Fredonia Duplex Housing Site, comprising approximately
1.40 acres, and the Fredonia Housing Site, comprising approximately
1.58 acres, as depicted on the map entitled ``Fredonia Duplex
Dwelling, Fredonia Ranger Dwelling'', dated August 28, 1997.
(4) The Groom Creek Administrative Site, comprising
approximately 7.88 acres, as depicted on the map entitled ``Groom
Creek Administrative Site'', dated April 29, 1997.
(5) The Payson Administrative Site, comprising approximately
296.43 acres, as depicted on the map entitled ``Payson
Administrative Site'', dated May 1, 1997.
(6) The Sedona Administrative Site, comprising approximately
21.41 acres, as depicted on the map entitled ``Sedona
Administrative Site'', dated April 12, 1997.
(b) Consideration.--Consideration for a sale or exchange of land
under subsection (a) may include the acquisition of land, existing
improvements, and improvements constructed to the specifications of the
Secretary.
(c) Applicable Law.--Except as otherwise provided in this section,
any sale or exchange of land under subsection (a) shall be subject to
the laws (including regulations) applicable to the conveyance and
acquisition of land for the National Forest System.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of any land or administrative site exchanged under
subsection (a).
(e) Solicitation of Offers.--
(1) In general.--The Secretary may solicit offers for the sale
or exchange of land under this section on such terms and conditions
as the Secretary may prescribe.
(2) Rejection of offers.--The Secretary may reject any offer
made under this section if the Secretary determines that the offer
is not adequate or not in the public interest.
(f) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.
SEC. 4. CONVEYANCE TO CITY OF SEDONA.
(a) In General.--The Secretary may sell to the city of Sedona,
Arizona, by quitclaim deed in fee simple, all right, title, and
interest of the United States in and to approximately 300 acres of land
as depicted on the map in the environmental assessment entitled
``Sedona Effluent Management Plan'', dated August 1998, for
construction of an effluent disposal system in Yavapai County, Arizona.
(b) Description.--A legal description of the land conveyed under
subsection (a) shall be available for public inspection in the office
of the Chief of the Forest Service, Washington, District of Columbia.
(c) Consideration.--
(1) Fair market value.--As consideration for the conveyance of
land under subsection (a), the City shall pay to the Secretary an
amount equal to the fair market value of the land as determined by
an appraisal acceptable to the Secretary and prepared in accordance
with the Uniform Appraisal Standards for Federal Land Acquisitions,
reduced by the total amount of special use permit fees for
wastewater treatment facilities paid by the City to the Forest
Service during the period beginning on January 1, 1999, and ending
on the earlier of--
(A) the date that is 270 days after the date of enactment
of this Act; or
(B) the date on which the full payment is made by the City
under paragraph (3)(A) or the date on which first installment
payment is made under paragraph (3)(B), depending on the
election made by the City under paragraph (3).
(2) Cost of appraisal.--The City shall pay the cost of the
appraisal of the land.
(3) Payment.--Payment of the consideration required under
paragraph (1) (including any interest payable under paragraph (4))
shall be paid, at the option of the City--
(A) in full not later than 180 days after the date of the
conveyance of the land; or
(B) in 7 equal annual installments commencing not later
than January 1 of the first year following the date of the
conveyance and annually thereafter until the total amount has
been paid.
(4) Interest rate.--Any payment due for the conveyance of land
under this section shall accrue, beginning on the date of the
conveyance, interest at a rate equal to the current (as of the date
of the conveyance) market yield on outstanding, marketable
obligations of the United States with maturities of 1 year.
(d) Release.--Subject to compliance with all Federal environmental
laws by the Secretary before the date of conveyance of land under this
section, on conveyance of the land, the City shall agree in writing to
hold the United States harmless from any and all claims to the land,
including all claims resulting from hazardous materials on the conveyed
land.
(e) Right of Reentry.--At any time before full payment is made for
the conveyance of land under this section, the conveyance shall be
subject to a right of reentry in the United States if the Secretary
determines that--
(1) the City has not complied with the requirements of this
section or the conditions prescribed by the Secretary in the deed
of conveyance; or
(2) the conveyed land is not used for disposal of treated
effluent or other purposes related to the construction of an
effluent disposal system in Yavapai County, Arizona.
SEC. 5. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or exchange under this Act in the fund established under
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act'').
(b) Use of Proceeds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further Act of appropriation, for--
(1) the acquisition, construction, or improvement of
administrative facilities for the Coconino National Forest, Kaibab
National Forest, Prescott National Forest, and Tonto National
Forest; or
(2) the acquisition of land and or an interest in land in the
State of Arizona.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Arizona National Forest Improvement Act of 1999 - Authorizes the Secretary of Agriculture to convey: (1) specified National Forest System land and administrative sites in Arizona; and (2) sell specified land to the city of Sedona, Arizona, for construction of an effluent disposal system in Yavapai County, Arizona.
Makes such funds available to the Secretary without further Act of appropriation for: (1) acquisition, construction, or improvement of administrative facilities for the Coconino, Kaibab, Prescott, and Tonto National Forests; or (2) other land in Arizona. | Arizona National Forest Improvement Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Threat Reduction Act of
2002''.
SEC. 2. STATEMENT OF POLICY; FINDINGS.
(a) Statement of Policy.--It is the policy of the United States to
work cooperatively with the Russian Federation to prevent the diversion
of weapons of mass destruction and material (including nuclear,
biological, and chemical weapons) and scientific and technical
expertise necessary to design and build weapons of mass destruction.
(b) Findings.--Congress finds the following:
(1) It is in the national security interest of the United
States to reduce the number of nuclear warheads in the United
States and Russian arsenals, to reduce the quantity of nuclear
weapons materials in the United States and Russia, and to
expand existing programs to prevent diversion and proliferation
of Russian nuclear weapons and fissile materials.
(2) The President should have at his disposal the ability
to successfully implement cooperative threat reduction programs
that prevent the proliferation of weapons of mass destruction.
(3) As part of the effort to prevent the proliferation of
weapons of mass destruction, the United States should work with
the Russian Federation to create a comprehensive inventory and
data exchange of all United States and Russian nuclear weapons-
grade material.
(4) There should be a clear plan for the implementation of
the reductions in nuclear arsenals agreed upon by President
Bush and President Putin.
(5) The United States should continue to observe the
currently maintained moratorium on nuclear tests. If the
President determines that it is in the interest of the United
States to resume testing, then he should inform Congress 12
months prior to the resumption of testing, giving Congress an
opportunity to express itself on this most important issue.
TITLE I--COOPERATIVE THREAT REDUCTION WAIVER AUTHORITY
SEC. 101. COOPERATIVE THREAT REDUCTION WAIVER AUTHORITY.
Section 1203 of the Cooperative Threat Reduction Act of 1993 (22
U.S.C. 5952) is amended by adding at the end the following new
subsection:
``(e) Waiver.--The restrictions in subsection (d) and section 502
of the Freedom Support Act (P.L. 102-511) shall not apply if the
President certifies in writing to the Speaker of the House of
Representatives and the President pro tempore of the Senate that
waiving such restrictions is important to the national security
interests of the United States.''.
TITLE II--DATA EXCHANGE WITH RUSSIA RELATING TO WEAPONS OF MASS
DESTRUCTION
SEC. 201. STATEMENT OF POLICY.
(a) Inventories and Data Exchanges.--It is the policy of the United
States to establish cooperatively with Russia--
(1) comprehensive inventories of the weapons-grade nuclear
materials, tritium, and assembled warheads of the United States
and of Russia; and
(2) exchanges between the United States and Russia of
information as to the quantities of such materials, tritium,
and warheads in such inventories.
(b) Priority.--In carrying out the policy set forth in subsection
(a), priority shall be placed on establishing comprehensive inventories
of, and exchanges of information as to the quantities of, tactical
nuclear warheads.
SEC. 202. COMMUNICATION OF RESTRICTED DATA.
Subsection d. of section 144 of the Atomic Energy Act of 1954 (42
U.S.C. 2164) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``,
tritium,'' after ``fissile material'';
(B) in subparagraph (B), by inserting ``, including
tactical weapons and warheads'' after ``atomic
weapons''; and
(C) in subparagraph (D), by inserting ``, including
data on tritium'' after ``related data''; and
(4) in paragraph (2)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) is part of a reciprocal exchange of information;
and''.
SEC. 203. ANNUAL REPORT.
(a) Report Required.--Not later than six months after the date of
the enactment of this Act and annually thereafter the President shall
submit to Congress a report describing the progress that has been made
on the implementation of section 201.
(b) Form of Report.--Each report under subsection (a) shall be
submitted in both an unclassified and classified format as necessary.
(c) Termination.--The requirement under subsection (a) shall
terminate when the comprehensive inventory (as specified in section
201(a)(1)) is completed and information is exchanged between the United
States and Russian governments (as specified in section 201(a)(2)).
TITLE III--EXPANDED NON-PROLIFERATION FUNDING
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
To carry out cooperative threat reduction and related programs in
fiscal year 2003, there is authorized to be appropriated:
(1) For the Department of Defense, $600,000,000, of which
$180,000,000 is authorized for chemical weapons destruction
activities in the Russian Federation, including the
construction of facilities at Shchuch'ye.
(2) For the Department of Energy, $1,400,000,000 of which--
(A) with respect to defense nuclear
nonproliferation--
(i) $340,000,000 is authorized for
nonproliferation verification and research and
development;
(ii) $295,000,000 is authorized for
international nuclear materials disposition;
(iii) $60,000,000 is authorized for Russian
transition initiatives; and
(iv) $25,000,000 is authorized for
international nuclear safety; and
(B) $520,000,000 is authorized for weapons
activities, campaigns, and high energy density physics,
of which $50,000,000 may be used for experimental
support technologies.
(3) For the Department of State, $300,000,000.
TITLE IV--MATTERS RELATING TO THE NUCLEAR POSTURE REVIEW
SEC. 401. SUPPORT OF PRESIDENT'S OBJECTIVE FOR OPERATIONALLY DEPLOYED
NUCLEAR WARHEADS.
Congress supports the President's objective, as stated in the
Nuclear Posture Review dated January 2002, for achieving, as of fiscal
year 2012, a posture under which the United States maintains a number
of operationally deployed nuclear warheads at a level of from 1,700 to
2,200 such warheads.
SEC. 402. ANNUAL REPORT ON NUMBER AND POSTURE OF NUCLEAR WEAPONS.
Not later than October 1 of each year, the Secretary of Energy
shall submit to Congress a report on the number and posture of the
nuclear warheads of the United States. The report shall specify the
number of such warheads--
(1) operationally deployed;
(2) in the responsive force;
(3) in the reserve force, including the number of active
weapons and the number of inactive weapons; and
(4) scheduled to be dismantled.
SEC. 403. REPORT ON OPTIONS FOR ACHIEVING, PRIOR TO FISCAL YEAR 2012,
PRESIDENT'S OBJECTIVE FOR OPERATIONALLY DEPLOYED NUCLEAR
WARHEADS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Energy shall submit to Congress a report on options
for achieving, prior to fiscal year 2012, a posture under which the
United States maintains a number of operationally deployed nuclear
warheads at a level of from 1,700 to 2,200 such warheads. The report
shall include the following:
(1) For each of fiscal years 2006, 2008, and 2010, an
assessment of the options for achieving such posture as of such
fiscal year.
(2) An assessment of the effects of achieving such posture
prior to fiscal year 2012 on cost, compliance with
environmental law, the dismantlement workforce, relations with
Russia, and any other affected matter.
TITLE V--NUCLEAR TESTING
SEC. 501. MORATORIUM ON UNDERGROUND TESTING OF NUCLEAR WEAPONS.
(a) Extension of Moratorium.--The moratorium on underground testing
of nuclear weapons maintained by the United States shall continue to be
maintained through fiscal year 2003.
(b) Notification.--Not less than 12 months before the United States
conducts an underground test of a nuclear weapon, the President shall
submit to Congress a report on the test to be conducted. The report
shall include each of the following:
(1) The date on which the President intends such test to be
conducted.
(2) The President's certification that the national
security of the United States requires that such test be
conducted, and an explanation of the reasons why the national
security so requires.
(3) An assessment of the expected reactions of other
nations to the test.
(c) Report on Test Readiness.--Not later than March 1, 2003, the
Secretary of Energy shall submit to Congress a report on the options
for reducing the amount of time required to conduct an underground test
of a nuclear weapon after a decision to conduct such a test is made.
The report shall include the following:
(1) The findings of the study carried out by the Department
of Energy in fiscal year 2002 that examined such options.
(2) The assessment of the Secretary as to whether reducing
such amount of time to less than 24 to 36 months is feasible.
(3) The technical challenges and requirements associated
with reducing such amount of time to less than 24 to 36 months.
(4) The cost, during the period from fiscal year 2003 to
2012, associated with reducing such amount of time to less than
24 to 36 months. | Nuclear Threat Reduction Act of 2002 - States that it is U.S. policy to work cooperatively with the Russian Federation to prevent the diversion of weapons of mass destruction and material and scientific and technical expertise necessary to design and build such weapons.Amends the Cooperative Threat Reduction Act of 1993 to waive restrictions on certain assistance to the independent states of the former Soviet Union if the President certifies to Congress that such waiver is in the U.S. national security interests.States that it is U.S. policy to establish with the Russian Federation inventories of, and data exchanges concerning, nuclear warheads and certain nuclear materials. Amends the Atomic Energy Act of 1954 to allow the reciprocal exchange of such restricted data.Authorizes appropriations for FY 2003 to carry out cooperative threat reduction and related programs with the Russian Federation.Supports the President's objective for the United States, by FY 2012, to maintain between 1,700 to 2,200 operationally deployed nuclear warheads.Extends through FY 2003 the U.S. moratorium on underground testing of nuclear weapons. Requires the President to notify Congress 12 months prior to conducting any such test.Requires reports on: (1) progress made in establishing the U.S.-Russian nuclear inventories and data exchanges; (2) the number and posture of U.S. nuclear warheads; (3) options for achieving the FY 2012 level of U.S. operationally deployed nuclear warheads; and (4) options on reducing the time required to conduct an underground nuclear test. | To promote the non-proliferation of nuclear weapons and other weapons of mass destruction. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Integrity and Pension
Forfeiture Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Members of Congress pledge to uphold the Constitution
and the laws of the United States;
(2) Members of Congress are elected to serve in the public
trust and pledge to uphold the public trust;
(3) a breach of the public trust by a Member of Congress is
a serious offense that should have serious consequences; and
(4) taxpayers should not pay for the retirement benefits of
Members of Congress who have been convicted of a felony.
SEC. 3. FORFEITURE.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual finally convicted of an offense described
in paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this subchapter. Any such individual (or other person determined under
section 8342(c), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
``(i) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(ii) The conduct on which the offense is based is
directly related to the individual's service as a Member.
``(iii) The offense is committed after the date of
enactment of this Act.
``(B) The offenses described in this subparagraph are as follows:
``(i) An offense within the purview of section 201 (bribery
of public officials and witnesses), 203 (compensation to
Members of Congress, officers, and others in matters affecting
the Government), 204 (practice in United States Court of
Federal Claims or the United States Court of Appeals for the
Federal Circuit by Members of Congress), 207 (restriction on
former officers, employees, and elected officials of the
executive and legislative branches, 219 (officers and employees
acting as agents of foreign principals), 286 (conspiracy to
defraud the Government with respect to claims), 287 (false,
fictitious or fraudulent claims), 371 (conspiracy to commit
offense or to defraud the United States), 597 (expenditures to
influence voting), 599 (promise of appointment by candidate),
602 (solicitation of political contributions), 606
(intimidation to secure political contributions), 607 (place of
solicitation), 641 (public money, property or records), 1001
(statements or entries generally), 1341 (frauds and swindles),
1343 (fraud by wire, radio, or television), 1503 (influencing
or injuring officer or juror), 1951 (interference with commerce
by threats or violence), 1952 (interstate and foreign travel or
transportation in aid of racketeering enterprises), or 1962
(prohibited activities) of title 18 or section 7201 of the
Internal Revenue Code of 1986 (attempt to evade or defeat tax).
``(ii) Perjury committed under the statutes of the United
States in falsely denying the commission of an act which
constitutes an offense within the purview of a statute named by
clause (i).
``(iii) Subornation of perjury committed in connection with
the false denial of another individual as specified by clause
(ii).
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the final conviction, be eligible to
participate in the retirement system under this subchapter while
serving as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) The Executive Director (within the meaning of section
8401(13)) shall prescribe such regulations as may be necessary to carry
out the purposes of this subsection with respect to the Thrift Savings
Plan. Regulations under this paragraph shall include provisions
requiring the return of all vested amounts which are attributable to
periods of service rendered by the individual as a Member (as described
in paragraph (1)).
``(6) Nothing in this subsection shall restrict any authority under
subchapter II or any other provision of law to deny or withhold
benefits authorized by statute.
``(7) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8331(2).''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(i)(1) Notwithstanding any other provision of this chapter, the
service of an individual finally convicted of an offense described in
paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this chapter. Any such individual (or other person determined under
section 8424(d), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
``(A) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(B) The conduct on which the offense is based is directly
related to the individual's service as a Member.
``(C) The offense is committed after the date of enactment
of this Act.
``(3) An individual finally convicted of an offense described in
paragraph (2) shall not, after the date of the conviction, be eligible
to participate in the retirement system under this chapter while
serving as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) The Executive Director shall prescribe such regulations as
may be necessary to carry out the purposes of this subsection with
respect to the Thrift Savings Plan. Regulations under this paragraph
shall include provisions requiring the return of all vested amounts
which are attributable to periods of service rendered by the individual
as a Member (as described in paragraph (1)).
``(6) Nothing in this subsection shall restrict any authority under
subchapter II of chapter 83 or any other provision of law to deny or
withhold benefits authorized by statute.
``(7) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8401(20).''. | Congressional Integrity and Pension Forfeiture Act of 2005 - Requires the Office of Personnel and Management (OPM) to prescribe regulations that prohibit eligibility in the governmental retirement system for a Member convicted of certain offenses that are: (1) committed by the individual while a Member, (2) related to the individual's service as a Member, and (3) after enactment of this Act. Refunds annuity contributions and deposits, excluding interest earned, to a convicted individual. Authorizes the Executive Director of the Federal Retirement Thrift Investment Management System to prescribe necessary regulations with respect to the Thrift Saving Plan and which include provisions requiring the return of all vested amounts attributable to periods of service rendered by the individual as a Member.
Defines "Member" as "the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico." | To amend title 5, United States Code, to provide that if a Member of Congress is convicted of a felony, such Member shall not be eligible for retirement benefits based on that individual's service as a Member, and for other purposes. |
SECTION 1. PROFESSIONAL DEVELOPMENT.
(a) Short Title.--This section may be cited as the ``Professional
Development Reform Act''.
(b) Amendments.--Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
(1) by redesignating part E as part F; and
(2) by inserting after part D the following:
``PART E--PROFESSIONAL DEVELOPMENT
``SEC. 2351. PURPOSES.
``The purposes of this part are as follows:
``(1) To improve the academic achievement of students by
providing every student with a well-prepared teacher.
``(2) To provide every new teacher with structured support,
including a qualified and trained mentor, to facilitate the
transition into successful teaching.
``(3) To ensure that every teacher is given the assistance,
tools, and professional development opportunities, throughout
the teacher's career, to help the teacher teach to the highest
academic standards and help students succeed.
``(4) To provide training to prepare and support principals
to serve as instructional leaders and to work with teachers to
create a school climate that fosters excellence in teaching and
learning.
``(5) To transform, strengthen, and improve professional
development from a fragmented, one-shot approach to sustained,
high quality, and intensive activities that--
``(A) are collaborative, content-centered,
standards-based, results-driven, and embedded in the
daily work of the school;
``(B) allow teachers regular opportunities to
practice and reflect upon their teaching and learning;
and
``(C) are responsive to teacher needs.
``SEC. 2252. DEFINITIONS.
``In this part:
``(1) Professional development.--The term `professional
development' means effective professional development that--
``(A) is sustained, high quality, intensive, and
comprehensive;
``(B) is content-centered, collaborative, school-
embedded, tied to practice, focused on student work,
supported by research, and aligned with and designed to
help elementary school or secondary school students
meet challenging State content standards and
challenging State student performance standards;
``(C) includes structured induction activities that
provide ongoing and regular support to new teachers in
the initial years of their careers;
``(D) includes sustained in-service activities to
improve elementary school or secondary school teaching
in the core academic subjects, to integrate technology
into the curriculum, to improve understanding and the
use of student assessments, to improve classroom
management skills, to address the specific needs of
diverse students, including limited English proficient
students, individuals with disabilities, and
economically disadvantaged individuals, and to
encourage and provide instruction on how to work with
and involve parents to foster student achievement; and
``(E) includes sustained onsite training
opportunities that provide active learning and
observational opportunities for elementary school or
secondary school teachers to model effective practice.
``(2) Administrator.--The term `administrator' means a
school principal or superintendent.
``SEC. 2353. STATE ALLOTMENT OF FUNDS.
``From the amount appropriated under section 2361 that is not
reserved under section 2360 for a fiscal year, the Secretary shall make
an allotment to each State educational agency having an application
approved under section 2354 in an amount that bears the same relation
to the amount appropriated under section 2361 that is not reserved
under section 2360 for the fiscal year as the amount the State
educational agency received under part A of title I for the fiscal year
bears to the amount received under such part by all States for the
fiscal year.
``SEC. 2354. STATE APPLICATIONS.
``Each State educational agency desiring an allotment under section
2353 for a fiscal year shall submit to the Secretary an application at
such time, in such manner, and accompanied by such information as the
Secretary may require. The application shall include--
``(1) a description of the strategy to be used to implement
State activities described in section 2355;
``(2) a description of how the State educational agency
will assist local educational agencies in transforming,
strengthening, and improving professional development;
``(3) a description of how the activities described in
section 2355 and the assistance described in paragraph (2) will
assist the State in achieving the State's goals for
comprehensive education reform, will help all students meet
challenging State content standards and challenging State
student performance standards, and will help all teachers meet
State standards for teaching excellence;
``(4) a description of the manner in which the State
educational agency will ensure, consistent with the State's
comprehensive education reform plan policies, or statutes, that funds
provided under this part will be effectively coordinated with all
Federal and State professional development funds and activities,
including funds and activities under this title, titles I, III, VI, and
VII, title II of the Higher Education Act of 1965, section 307 of the
Department of Education Appropriations Act, 1999, and the Goals 2000:
Educate America Act; and
``(5) a description of--
``(A) how the State educational agency will collect
and utilize data for evaluation of the activities
carried out by local educational agencies under this
part, including collecting baseline data in order to
measure changes in the professional development
opportunities provided to teachers and measure
improvements in teaching practice and student
performance; and
``(B) the specific performance measures the State
educational agency will use to determine the need for
technical assistance described in section 2355(2) and
to make a continuation of funding determination under
section 2358.
``SEC. 2355. STATE ACTIVITIES.
``From the amount allotted to a State educational agency under
section 2353 for a fiscal year, the State educational agency--
``(1) shall reserve not more than 5 percent to support,
directly or through grants to or contracts with institutions of
higher education, educational nonprofit organizations,
professional associations of administrators, or other entities
that are responsive to the needs of administrators and
teachers, programs that--
``(A) provide effective leadership training--
``(i) to encourage highly qualified
individuals to become administrators; and
``(ii) to develop and enhance instructional
leadership, school management, parent
involvement, mentoring, and staff evaluation
skills of administrators; and
``(B) provide effective leadership and mentor
training--
``(i) to encourage highly qualified and
effective teachers to become mentors; and
``(ii) to develop and enhance the mentoring
and peer coaching skills of such qualified and
effective teachers;
``(2) may reserve not more than 2 percent for providing
technical assistance and dissemination of information to
schools and local educational agencies to help the schools and
local educational agencies implement effective professional
development activities that are aligned with challenging State
content standards, challenging State student performance
standards, and State standards for teaching excellence; and
``(3) may reserve not more than 2 percent for evaluating
the effectiveness of the professional development provided by
schools and local educational agencies under this part in
improving teaching practice, increasing the academic
achievement of students, and helping students meet challenging
State content standards and challenging State student
performance standards, and for administrative costs.
``SEC. 2356. LOCAL PROVISIONS.
``(a) Allocations to Local Educational Agencies.--Each State
educational agency receiving an allotment under section 2353 for a
fiscal year shall make an allocation from the allotted funds that are
not reserved under section 2355 for the fiscal year to each local
educational agency in the State that is eligible to receive assistance
under part A of title I for the fiscal year in an amount that bears the
same relation to the allotted funds that are not reserved under section
2355 as the amount the local educational agency received under such
part for the fiscal year bears to the amount all local educational
agencies in all States received under such part for the fiscal year.
``(b) Applications.--Each local educational agency desiring a grant
under this part shall submit an application to the State educational
agency at such time, in such manner, and accompanied by such
information as the State educational agency may require. The
application shall include--
``(1) a description of how the local educational agency
plans--
``(A) to work with schools served by the local
educational agency that are described in section 2357
to carry out the local activities described in section
2357; and
``(B) to meet the purposes described in section
2351;
``(2) a description of the manner in which the local
educational agency will ensure that--
``(A) the grant funds will be used--
``(i) to provide teachers with the
knowledge and skills necessary to teach
students to be proficient or advanced in
challenging State content standards and
challenging State student performance
standards, and any local education reform plans
or policies; and
``(ii) to help teachers meet standards for
teaching excellence; and
``(B) funds provided under this part will be
effectively coordinated with all Federal, State, and
local professional development funds and activities;
``(3) a description of the local educational agency's
strategy for--
``(A) selecting and training highly qualified
mentors (utilizing teachers certified by the National
Board for Professional Teaching Standards and teachers
granted advanced certification as a master or mentor
teacher by the State, where possible), for matching
such mentors (from the new teachers' teaching
disciplines) with the new teachers; and
``(B) providing release time for the teachers
(utilizing highly qualified substitute teachers and
high quality retired teachers, where possible);
``(4) a description of how the local educational agency
will collect and analyze data on the quality and impact of
activities carried out in schools under this part, and the
specific performance measures the local educational agency will
use in the local educational agency's evaluation process;
``(5) a description of the local educational agency's plan
to develop and carry out the activities described in section
2357 with the extensive participation of administrators,
teachers, parents, and the partnering institution described in
section 2357(4); and
``(6) a description of the local educational agency's
strategy to ensure that there is schoolwide participation in
the schools to be served.
``SEC. 2357. LOCAL ACTIVITIES.
``Each local educational agency receiving an allocation under this
part shall use the allocation to carry out professional development
activities in schools served by the local educational agency that have
the highest percentages of students living in poverty, as measured in
accordance with section 1113(a)(5), including--
``(1) mentoring, team teaching, and peer observation and
coaching;
``(2) dedicated time for collaborative lesson planning and
curriculum development meetings;
``(3) consultation with exemplary teachers and short- and
long-term visits to other classrooms and schools;
``(4) partnering with institutions of higher education and,
where appropriate, educational nonprofit organizations, for
joint efforts in designing the sustained professional
development opportunities, for providing advanced content area
courses and other assistance to improve the content knowledge
and pedagogical practices of teachers, and, where appropriate,
for providing training to address areas of teacher and
administrator shortages;
``(5) providing release time (including compensation for
mentor teachers and substitute teachers as necessary) for
activities described in this section; and
``(6) developing professional development networks, through
Internet links, where available, that--
``(A) provide a forum for interaction among
teachers and administrators; and
``(B) allow the exchange of information regarding
advances in content and pedagogy.
``SEC. 2358. CONTINUATION OF FUNDING.
``Each local educational agency or school that receives funding
under this part shall be eligible to continue to receive the funding
after the third year the local educational agency or school receives
the funding if the local educational agency or school demonstrates that
the local educational agency or school has--
``(1) improved student performance;
``(2) increased participation in sustained professional
development; and
``(3) made significant progress toward at least 1 of the
following:
``(A) Reducing the number of out-of-field
placements and teachers with emergency credentials.
``(B) Improving teaching practice.
``(C) Reducing the new teacher attrition rate for
the local educational agency or school.
``(D) Increasing partnerships and linkages with
institutions of higher education.
``SEC. 2359. SUPPLEMENT NOT SUPPLANT.
``Funds made available under this part shall be used to supplement
and not supplant other Federal, State, and local funds expended to
carry out activities relating to teacher programs or professional
development.
``SEC. 2360. NATIONAL ACTIVITIES.
``(a) Reservation.--The Secretary shall reserve not more than 5
percent of the amount appropriated under section 2361 for each fiscal
year for the national evaluation described in subsection (b) and the
dissemination activities described in subsection (c).
``(b) National Evaluation.--
``(1) In general.--The Secretary shall provide for an
annual, independent, national evaluation of the activities
assisted under this part not later than 3 years after the date
of enactment of the Professional Development Reform Act. The
evaluation shall include information on the impact of the
activities assisted under this part on student performance.
``(2) State reports.--Each State receiving an allotment
under this part shall submit to the Secretary the results of
the evaluation described under section 2355(3).
``(3) Report to congress.--The Secretary annually shall
submit to Congress a report that describes the information in
the national evaluation and the State reports.
``(c) Dissemination.--The Secretary shall collect and broadly
disseminate information (including creating and maintaining a national
database or clearinghouse) to help States, local educational agencies,
schools, teachers, and institutions of higher education learn about
effective professional development policies, practices, and programs,
data projections of teacher and administrator supply and demand, and
available teaching and administrator opportunities.
``SEC. 2361. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$1,000,000,000 for fiscal year 2000 and such sums as may be necessary
for each of the fiscal years 2001 through 2004.''. | Professional Development Reform Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a new program for the professional development of elementary and secondary school teachers.
Directs the Secretary of Education to make program allotments to applicant State educational agencies (SEAs) according to a specified formula. Requires an SEA to reserve not more than five percent of its allotment to support programs to provide effective leadership and mentoring training to school administrators and teachers. Allows an SEA also to reserve the following portions of its allotment: (1) two percent for technical assistance and information dissemination to schools and local educational agencies (LEAs) for professional development activities aligned with State standards for content, student performance, and teaching excellence; and (2) two percent for evaluation of effectiveness, in certain respects, of professional development provided by schools and LEAs, and for administrative costs. Requires SEAs to allocate to eligible applicant LEAs all allotment funds not so reserved.
Bases an LEA's eligibility for such allocations on its eligibility for assistance for basic LEA programs to help disadvantaged children meet high standards. Requires each recipient LEA to use its allocation to carry out specified types of professional development activities in the schools it serves that have the highest percentages of students living in poverty. Provides for continuation of funding under specified conditions.
Directs the Secretary to reserve not more than five percent of the amount appropriated under this Act for each fiscal year for: (1) a national evaluation, including State evaluation reports and a report to Congress; and (2) dissemination activities, including a national database or clearinghouse.
Authorizes appropriations. | Professional Development Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Bond Insurance Enhancement
Act of 2009''.
SEC. 2. OFFICE OF PUBLIC FINANCE AND FEDERAL REINSURANCE FOR INSURERS
OF TAX-EXEMPT MUNICIPAL BONDS.
(a) In General.--Subchapter I of chapter 3 of title 31, United
States Code, is amended by adding at the end the following new section:
``SEC. 314. THE OFFICE OF PUBLIC FINANCE.
``(a) Establishment and Personnel.--
``(1) Establishment.--There is hereby established in the
Department of the Treasury an office to be known as the `Office
of Public Finance' (in this section referred to as the
`Office').
``(2) Director; staffing.--The Secretary of the Treasury
shall appoint the Director of the Office, as well as such other
staff as the Secretary believes necessary for the Office to
carry out its duties under this Act.
``(b) Federal Reinsurance for Insurers of Tax-Exempt Municipal
Bonds.--
``(1) Establishment.--The Director of the Office of Public
Finance shall carry out a program under this subsection to
provide reinsurance for insured losses of qualified municipal
bond insurers.
``(2) Qualified municipal bond insurers.--Reinsurance
coverage under this subsection may be made available only for
an insurer, including an insurer that is an affiliate of
another entity--
``(A) that is licensed or admitted to engage in the
business, in any State, of providing insurance for the
payment of principal and interest due under--
``(i) any municipal bond; or
``(ii) any bond, note, security, or other
debt obligation issued by a special purpose
corporation, trust, or other entity to finance
a project serving a substantial public purpose;
and
``(B) that has, as of the date of purchase of
reinsurance coverage under this subsection--
``(i) a corporate or other governing
charter that prohibits the insurer from
providing coverage for risks other than the
risks specified in subparagraph (A) and such
bonds issued by public purpose issuers or
ultimate obligors as are not inconsistent with
the intent of Municipal Bond Insurance
Enhancement Act of 2009 and as may be approved
generally or specifically by the Director of
the Office of Public Finance or the relevant
insurance regulator; or
``(ii) entered into an agreement with the
Director to only provide coverage for the risks
specified in clause (i).
A qualified municipal bond insurer shall not be
precluded from retaining or performing any obligations
in place prior to entering into such an agreement with
the Office.
``(3) Terms of reinsurance.--Reinsurance coverage under
this subsection shall be subject to the following requirements:
``(A) Premiums.--The Director shall establish and
collect risk-based premiums for such coverage. Premium
charges under this subparagraph shall be established in
amounts that are sufficient, but do not exceed, the
minimum amounts necessary to cover the costs (as such
term is defined in section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661(a)) of such
reinsurance coverage and to cover administrative costs
of the Secretary that are associated with the program
for such coverage.
``(B) Others.--The Director shall establish such
other terms for such coverage as the Director
determines are appropriate to provide additional
capacity in the market for insurance of State and local
bonds in the most cost-efficient manner.
``(4) Program limit.--The aggregate par value of bonds,
notes, security, and other debt obligations for which
reinsurance is provided under the program under this subsection
in any of fiscal years 2010 through 2014 may not exceed
$50,000,000,000.
``(5) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary for
administrative costs of carrying out the program under this
subsection during the first 12 months of the operation of such
program.
``(6) Divestment.--Not later than the expiration of the 5-
year period beginning on the date of the enactment of this Act,
the Secretary of the Treasury shall--
``(A) establish and submit to the Congress a plan
providing for the sale of the reinsurance assets
acquired under the program under this subsection,
except that any such sale shall not reduce the credit
rating of bonds insured under such program or the
relevant qualified municipal bond insurer through the
submission of offers to purchase such assets; and
``(B) implement such plan, including soliciting
offers for the purchase of such operations.
``(7) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Insured loss.--The term `insured loss' means
any loss resulting from any municipal bond that is
covered by insurance provided by a qualified municipal
bond insurer.
``(B) Municipal bond.--The term `municipal bond'
means any bond, note, security, or other debt
obligation issued by any State or political subdivision
thereof, or by any other entity eligible to issue bonds
treated as a State or local bond (as such term is
defined in section 103(c) of the Internal Revenue Code
of 1986 and the regulations issued thereunder)
``(C) Qualified municipal bond insurer.--The term
`qualified municipal bond insurer' means an insurer
that meets the requirements in paragraph (2) for
reinsurance coverage under this subsection.''.
(b) Clerical Amendment.--The table of sections for subchapter I of
chapter 3 of title 31, United States Code, is amended by adding at the
end the following:
``314. The Office of Public Finance.''.
SEC. 3. REINSURANCE BY OFFICE OF PUBLIC FINANCE NOT TREATED AS FEDERAL
GUARANTEE UNDER TAX EXEMPT BOND REQUIREMENTS.
(a) In General.--Subparagraph (A) of section 149(b)(3) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at the end
of clause (ii), by striking the period at the end of clause (iii) and
inserting ``, or'', and by adding at the end the following new clause:
``(iv) any guarantee by the Office of
Public Finance.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Municipal Bond Insurance Enhancement Act of 2009 - Establishes in the Department of the Treasury the Office of Public Finance. Requires the Director of such Office to carry out a program to provide reinsurance for insured losses of municipal bond insurers.
Directs the Secretary of the Treasury to establish and submit to Congress within five years after the enactment of this Act a plan for the sale of reinsurance assets acquired under this Act.
Amends the Internal Revenue Code to provide that reinsurance provided by this Act shall not be treated as a federal guarantee for purposes of disallowing the exemption of interest on municipal bonds. | To establish the Office of Public Finance in the Department of the Treasury to make available Federal reinsurance for insurers of tax-exempt municipal bonds. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Barrier Resources
Reauthorization Act of 2000''.
SEC. 2. GUIDELINES FOR CERTAIN RECOMMENDATIONS AND DETERMINATIONS.
Section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503), as
otherwise amended by this Act, is further amended by adding at the end
the following:
``(g) Guidelines for Certain Recommendations and Determinations.--
``(1) In general.--In making any recommendation to the Congress
regarding the addition of any area to the System or in determining
whether, at the time of the inclusion of a System unit within the
System, a coastal barrier is undeveloped, the Secretary shall
consider whether within the area--
``(A) the density of development is less than 1 structure
per 5 acres of land above mean high tide; and
``(B) there is existing infrastructure consisting of--
``(i) a road, with a reinforced road bed, to each lot
or building site in the area;
``(ii) a wastewater disposal system sufficient to serve
each lot or building site in the area;
``(iii) electric service for each lot or building site
in the area; and
``(iv) a fresh water supply for each lot or building
site in the area.
``(2) Structure defined.--In paragraph (1), the term
`structure' means a walled and roofed building, other than a gas or
liquid storage tank, that--
``(A) is principally above ground and affixed to a
permanent site, including a manufactured home on a permanent
foundation; and
``(B) covers an area of at least 200 square feet.
``(3) Savings clause.--Nothing in this subsection supersedes
the official maps referred to in subsection (a).''.
SEC. 3. VOLUNTARY ADDITIONS TO JOHN H. CHAFEE COASTAL BARRIER RESOURCES
SYSTEM.
(a) In General.--Section 4 of the Coastal Barrier Resources Act (16
U.S.C. 3503) is amended by inserting after subsection (c) the
following:
``(d) Additions to System.--The Secretary may add a parcel of real
property to the System, if--
``(1) the owner of the parcel requests, in writing, that the
Secretary add the parcel to the System; and
``(2) the parcel is an undeveloped coastal barrier.''.
(b) Technical Amendments Relating to Additions of Excess
Property.--
(1) In general.--Section 4(d) of the Coastal Barrier
Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101-591)--
(A) is redesignated and moved so as to appear as subsection
(e) of section 4 of the Coastal Barrier Resources Act (16
U.S.C. 3503); and
(B) is amended--
(i) in paragraph (1)--
(I) by striking ``one hundred and eighty'' and
inserting ``180''; and
(II) in subparagraph (B), by striking ``shall'';
and
(ii) in paragraph (2), by striking ``subsection
(d)(1)(B)'' and inserting ``paragraph (1)(B)''; and
(iii) by striking paragraph (3).
(2) Conforming amendments.--Section 4 of the Coastal Barrier
Improvement Act of 1990 (16 U.S.C. 3503 note; Public Law 101-591)
is amended--
(A) in subsection (b)(2), by striking ``subsection (d) of
this section'' and inserting ``section 4(e) of the Coastal
Barrier Resources Act (16 U.S.C. 3503(e))''; and
(B) by striking subsection (f).
(c) Additions to System.--Section 4 of the Coastal Barrier
Resources Act (16 U.S.C. 3503) is further amended by inserting after
subsection (e) (as added by subsection (b)(1)) the following:
``(f) Maps.--The Secretary shall--
``(1) keep a map showing the location of each boundary
modification made under subsection (c) and of each parcel of real
property added to the System under subsection (d) or (e) on file
and available for public inspection in the Office of the Director
of the United States Fish and Wildlife Service and in such other
offices of the Service as the Director considers appropriate;
``(2) provide a copy of the map to--
``(A) the State and unit of local government in which the
property is located;
``(B) the Committees; and
``(C) the Federal Emergency Management Agency; and
``(3) revise the maps referred to in subsection (a) to reflect
each boundary modification under subsection (c) and each addition
of real property to the System under subsection (d) or (e), after
publishing in the Federal Register a notice of any such proposed
revision.''.
(d) Conforming Amendment.--Section 4(a) of the Coastal Barrier
Resources Act (16 U.S.C. 3503(a)) is amended by striking ``which shall
consist of'' and all that follows and inserting the following: ``which
shall consist of those undeveloped coastal barriers and other areas
located on the coasts of the United States that are identified and
generally depicted on the maps on file with the Secretary entitled
`Coastal Barrier Resources System', dated October 24, 1990, as those
maps may be modified, revised, or corrected under--
``(1) subsection (f)(3);
``(2) section 4 of the Coastal Barrier Improvement Act of 1990
(16 U.S.C. 3503 note; Public Law 101-591); or
``(3) any other provision of law enacted on or after November
16, 1990, that specifically authorizes the modification, revision,
or correction.''.
SEC. 4. CLERICAL AMENDMENTS.
(a) Coastal Barrier Resources Act.--The Coastal Barrier Resources
Act (16 U.S.C. 3501 et seq.) is amended--
(1) in section 3(2) (16 U.S.C. 3502(2)), by striking ``refers
to the Committee on Merchant Marine and Fisheries'' and inserting
``means the Committee on Resources'';
(2) in section 3(3) (16 U.S.C. 3502(3)), in the matter
following subparagraph (D), by striking ``Effective October 1,
1983, such'' and inserting ``Such''; and
(3) by repealing section 10 (16 U.S.C. 3509).
(b) Coastal Barrier Improvement Act of 1990.--Section 8 of the
Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503 note; Public
Law 101-591) is repealed.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 12 of the Coastal Barrier Resources Act (16 U.S.C. 3510) is
redesignated as section 10, moved to appear after section 9, and
amended to read as follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Secretary to carry
out this Act $2,000,000 for each of fiscal years 2001, 2002, 2003,
2004, and 2005.''.
SEC. 6. DIGITAL MAPPING PILOT PROJECT.
(a) In General.--
(1) Project.--The Secretary of the Interior (referred to in
this section as the ``Secretary''), in consultation with the
Director of the Federal Emergency Management Agency, shall carry
out a pilot project to determine the feasibility and cost of
creating digital versions of the John H. Chafee Coastal Barrier
Resources System maps referred to in section 4(a) of the Coastal
Barrier Resources Act (16 U.S.C. 3503(a)) (as amended by section
3(d)).
(2) Number of units.--The pilot project shall consist of the
creation of digital maps for no more than 75 units and no fewer
than 50 units of the John H. Chafee Coastal Barrier Resources
System (referred to in this section as the ``System''), \1/3\ of
which shall be otherwise protected areas (as defined in section 12
of the Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3503
note; Public Law 101-591)).
(b) Data.--
(1) Use of existing data.--To the maximum extent practicable,
in carrying out the pilot project under this section, the Secretary
shall use digital spatial data in the possession of State, local,
and Federal agencies including digital orthophotos, and shoreline,
elevation, and bathymetric data.
(2) Provision of data by other agencies.--The head of a Federal
agency that possesses data referred to in paragraph (1) shall, upon
request of the Secretary, promptly provide the data to the
Secretary at no cost.
(3) Additional data.--If the Secretary determines that data
necessary to carry out the pilot project under this section do not
exist, the Secretary shall enter into an agreement with the
Director of the United States Geological Survey under which the
Director shall obtain, in cooperation with other Federal agencies,
as appropriate, and provide to the Secretary the data required to
carry out this section.
(4) Data standards.--All data used or created to carry out this
section shall comply with--
(A) the National Spatial Data Infrastructure established by
Executive Order 12906 (59 Fed. Reg. 17671 (April 13, 1994));
and
(B) any other standards established by the Federal
Geographic Data Committee established by Office of Management
and Budget Circular A-16.
(c) Digital Maps Not Controlling.--Any determination as to whether
a location is inside or outside the System shall be made without regard
to the digital maps created under this section.
(d) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee on
Resources of the House of Representatives a report that describes
the results of the pilot project and the feasibility, data needs,
and costs of completing digital maps for the entire System.
(2) Contents.--The report shall include a description of--
(A) the cooperative agreements that would be necessary to
complete digital mapping of the entire System;
(B) the extent to which the data necessary to complete
digital mapping of the entire System are available;
(C) the need for additional data to complete digital
mapping of the entire System;
(D) the extent to which the boundary lines on the digital
maps differ from the boundary lines on the original maps; and
(E) the amount of funding necessary to complete digital
mapping of the entire System.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $500,000 for
each of fiscal years 2002 through 2004.
SEC. 7. ECONOMIC ASSESSMENT OF JOHN H. CHAFEE COASTAL BARRIER RESOURCES
SYSTEM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of the Interior shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Resources of the House of Representatives an economic
assessment of the John H. Chafee Coastal Barrier Resources System.
(b) Required Elements.--The assessment shall consider the impact on
Federal expenditures of the Coastal Barrier Resources Act (16 U.S.C.
3501 et seq.), including impacts resulting from the avoidance of
Federal expenditures for--
(1) disaster relief under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(2) the national flood insurance program established under
chapter 1 of the National Flood Insurance Act of 1968 (42 U.S.C.
4011 et seq.); and
(3) development assistance for roads, potable water supplies,
and wastewater infrastructure.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (Sec. 3) Allows the Secretary to add a parcel of real property to the System if the parcel's owner so requests and the parcel is an undeveloped coastal barrier.
(Sec. 5) Authorizes appropriations.
(Sec. 6) Mandates a System digital mapping pilot project and report to specified congressional committees on the feasibility and cost of creating digital versions of System maps. Authorizes appropriations.
(Sec. 7) Requires a report to specified congressional committees containing an economic assessment of the System. | Coastal Barrier Resources Reauthorization Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Force Science and Technology for
the 21st Century Act''.
SEC. 2. OFFICE OF AIR FORCE RESEARCH.
(a) In General.--(1) Chapter 803 of title 10, United States Code,
is amended by adding at the end the following new sections:
``Sec. 8023. Office of Air Force Research
``(a)(1) There is in the Office of the Secretary of the Air Force
an Office of Air Force Research, at the head of which is a Director of
Air Force Research.
``(2) Subject to the authority, direction, and control of the
Secretary of the Air Force, the Director of Air Force Research serves
as--
``(A) the principal advisor to the Secretary of the Air
Force on all research matters;
``(B) the principal advisor to the Chief of Staff of the
Air Force on all research matters; and
``(C) the principal Air Force representative on research
matters to other Government, academic, scientific, and
corporate agencies.
``(3) Unless appointed to higher grade under another provision of
law, an officer, while serving as Director of Air Force Research, has
the grade of major general.
``(b)(1) There is a Deputy Director of Air Force Research, who
shall be an employee in the Senior Executive Service and shall be
located at and assigned to a major laboratory or field installation.
``(2) Subject to the authority, direction, and control of the
Director of Air Force Research, the Deputy Director of Air Force
Research is--
``(A) responsible for the execution of the Air Force
Research Laboratory technical program; and
``(B) responsible for operational aspects of the Air Force
Research Laboratory.
``(c) The Office of Air Force Research shall perform such duties as
the Secretary of the Air Force prescribes relating to--
``(1) the encouragement, promotion, planning, initiation,
and coordination of Air Force research;
``(2) the conduct of Air Force research in augmentation of
and in conjunction with the research and development conducted
by the bureaus and other agencies and offices of the Department
of the Air Force; and
``(3) the supervision, administration, and control of
activities within or for the Department relating to patents,
inventions, trademarks, copyrights, and royalty payments, and
matters connected therewith.
``(d) Subject to the authority, direction, and control of the
Secretary of the Air Force, the Director of Air Force Research shall
ensure that the management and conduct of the science and technology
programs of the Air Force are carried out in a manner that will foster
the transition of science and technology to higher levels of research,
development, test, and evaluation.
``(e) Sufficient information relative to estimates of
appropriations for research by the several bureaus and offices shall be
furnished to the Office of Air Force Research to assist it in
coordinating Air Force research and carrying out its other duties.
``(f) The Office of Air Force Research shall perform its duties
under the authority of the Secretary, and its orders are considered as
coming from the Secretary.
``Sec. 8024. Air Force Science and Technology Policy Council
``(a) There is in the Department of the Air Force a Science and
Technology Policy Council consisting of--
``(1) the Vice Chief of Staff of the Air Force, as
chairman, with the power of decision;
``(2) the Assistant Secretary of the Air Force with
responsibilities for acquisition;
``(3) the Director of Air Force Research;
``(4) the commander of the Air Force Materiel Command; and
``(5) The Deputy Chief of Staff of the Air Force with
responsibilities for installations.
``(b) The responsibilities of the Council include the following:
``(1) To advise the Secretary of the Air Force and the
Chief of Staff of the Air Force on matters of broad policy and
budget relating to the Air Force science and technology
program.
``(2) To identify, set priorities among, and endorse future
Air Force technological capabilities.
``(3) To oversee and review major science and technology
programs as they relate to meeting capabilities identified
pursuant to paragraph (2).
``(4) To determine the appropriate balance between programs
for the purpose of meeting requirements and programs for the
purpose of pursuing long-term technologies.
``(5) To identify, set priorities among, and endorse
planning and budgeting for the transition of science and
technology to higher levels of research, development, test, and
evaluation.
``(c) Subject to the approval of the Secretary of the Air Force,
the Council shall appoint, from among personnel of the Department of
the Air Force, a staff to assist the Council in carrying out its
responsibilities.
``Sec. 8025. Air Force Scientific Advisory Board
``(a) The Secretary of the Air Force may appoint an Air Force
Scientific Advisory Board consisting of not more than 15 civilians
preeminent in the fields of science, research, and development work.
Each member serves for such term as the Secretary specifies.
``(b) The Board shall meet at such times as the Secretary specifies
to consult with and advise the Chief of Staff of the Air Force and the
Director of Air Force Research.
``(c) No law imposing restrictions, requirements, or penalties in
relation to the employment of persons, the performance of services, or
the payment or receipt of compensation in connection with any claim,
proceeding, or matter involving the United States applies to members of
the Board solely by reason of their membership on the Board.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new items:
``8023. Office of Air Force Research.
``8024. Air Force Science and Technology Policy Council.
``8025. Air Force Scientific Advisory Board.''.
(b) Conforming Amendment.--Section 8014(b) of title 10, United
States Code, is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) The Director of Air Force Research.''. | Establishes within the Air Force a Science and Technology Policy Council to perform advisory and oversight responsibilities with respect to Air Force policy and budget relating to its science and technology program.
Authorizes the Secretary to appoint an Air Force Scientific Advisory Board to consult with and advise the Chief of Staff and the Director. | Air Force Science and Technology for the 21st Century Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Empowerment Act''.
SEC. 2. AMENDMENTS.
(a) In General.--Part III of title 5, United States Code, is
amended by inserting after chapter 79 the following:
``CHAPTER 79A--SERVICES TO MEMBERS OF THE PUBLIC
``Sec.
``7921. Procedures for in-person and telephonic interactions conducted
by executive branch employees.
``Sec. 7921. Procedures for in-person and telephonic interactions
conducted by executive branch employees
``(a) Definitions.--For purposes of this section--
``(1) the term `covered interaction' means an in-person or
telephonic interview, audit, investigation, inspection, or
other official interaction between an employee of an Executive
agency and another individual relating to a possible or alleged
violation of any Federal statute or regulation that could
result in the imposition of a fine, forfeiture of property,
civil monetary penalty, or criminal penalty against, or the
collection of an unpaid tax, fine, or penalty from, the
individual or a business owned or operated by the individual;
``(2) the term `State' means each of the several States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States; and
``(3) the term `telephonic' means by telephone or other
similar electronic device.
``(b) Recording of Enforcement Actions.--
``(1) Recording by individuals.--Any employee of an
Executive agency who is conducting a covered interaction with
an individual shall allow the individual to make an audio
recording of the covered interaction at the individual's own
expense and with the individual's own equipment.
``(2) Recording by federal employees.--Any employee of an
Executive agency that is conducting a covered interaction may
record that interaction if the employee--
``(A) informs the individual of the recording prior
to or at the initiation of the interaction; and
``(B) upon request of the individual, provides the
individual with a transcript or copy of the recording,
but only if the individual provides reimbursement for
the cost of the transcription and reproduction of the
transcript or copy.
``(c) Explanations of Rights.--
``(1) In general.--Any employee of an Executive agency
shall, before or at an initial covered interaction, provide to
the individual a verbal or written notice of the individual's
rights under this section.
``(2) Separate notifications for separate violations.--
Paragraph (1) shall not, for purposes of any covered
interaction, be considered satisfied based on a notification
previously given if that previous notification was given in the
case of a possible or alleged violation separate from the
possible or alleged violation at hand.
``(d) Application to Official Representative or Those Holding Power
of Attorney.--Any person who is permitted to represent, before an
Executive agency described in subsection (b)(1), an individual
permitted to make an audio recording under that subsection of a covered
interaction conducted by an employee of that Executive agency--
``(1) shall be permitted--
``(A) to make an audio recording under subsection
(b)(1) as if the person were the individual; and
``(B) to receive a transcript or copy of an audio
recording under subsection (b)(2) as if the person were
the individual;
``(2) shall receive the same notice as that which is
required to be provided to the individual under subsection (c);
and
``(3) with respect to an audio recording (as referred to in
paragraph (1)(A)) and a transcript or copy of a recording (as
referred to in paragraph (1)(B)), shall have the same rights as
described in subsection (e).
``(e) Property of Audio Recording.--Any audio recording or
transcript of an audio recording made by an individual under subsection
(b)(1) or provided to an individual under subsection (b)(2)(B) shall be
the property of the individual.
``(f) No Cause of Action.--This section does not create any express
or implied private right of action.
``(g) Exceptions.--
``(1) Classified information, public safety, criminal
investigation.--This section shall not apply to any covered
interaction that is likely to include the discussion of--
``(A) classified material;
``(B) information that, if released publicly, would
endanger public safety; or
``(C) information that, if released publicly, would
endanger an ongoing criminal investigation conducted by
a Federal law enforcement officer (as defined in
section 2 of the Law Enforcement Congressional Badge of
Bravery Act of 2008 (42 U.S.C. 15231)) who is employed
by a Federal law enforcement agency.
``(2) Determination by employees.--An employee of an
Executive agency who determines that an exception under
paragraph (1) applies to a covered interaction or series of
covered interactions shall provide written notification of the
determination to any person who would otherwise be permitted to
make an audio recording of the interaction or interactions
under subsection (b)(1) or (d).
``(h) Prior Law.--For the purposes set forth in paragraphs (1) and
(2) of subsection (b), this section supersedes section 2511(2)(d) of
title 18 and any provision of Federal or State law insofar as such
section or provision relates to the recording of an interaction that is
a covered interaction.
``(i) Disciplinary Action.--An employee of an Executive agency who
violates this section shall be subject to appropriate disciplinary
action in accordance with otherwise applicable provisions of law.''.
(b) Clerical Amendment.--The analysis for part III of title 5,
United States Code, is amended by inserting after the item relating to
chapter 79 the following:
``79A. Services to members of the public.................... 7921''. | Citizen Empowerment Act Requires any executive agency employee who is conducting a covered interaction with an individual to allow the individual to make an audio recording of such interaction at the individual's expense and with the individual's equipment. Defines "covered interaction" as an in-person or telephonic official interaction relating to a possible violation of a federal statute or regulation that could result in the imposition of a fine or penalty against, the forfeiture of property by, or the collection of an unpaid tax, fine, or penalty from, the individual or a business owned or operated by the individual. Permits the employee conducting a covered interaction to record it if the employee: (1) informs the individual prior to or at the initiation of the interaction, and (2) provides the individual with a transcript or copy of the recording upon request and with the individual's reimbursement. Requires the employee, before or at an initial covered interaction, to provide to the individual a verbal or written notice of such individual's rights under this Act. Exempts any such interaction that is likely to include the discussion of: (1) classified material; or (2) information that, if released publicly, would endanger public safety or an ongoing criminal investigation. Subjects any executive agency employee who violates this Act to disciplinary action. | Citizen Empowerment Act |
of
Disapproval.--An intended transfer described in subsection (a) shall
not take effect if Congress enacts a joint resolution of disapproval of
the transfer under section 3.
(e) Special Rule for Review Near End of Session of Congress.--
(1) In general.--In the case of any intended transfer
described in subsection (a) for which the written notice was
submitted in accordance with such subsection during the period
beginning on the date occurring--
(A) in the case of the Senate, 60 session days; or
(B) in the case of the House of Representatives, 60
legislative days,
before the date that Congress adjourns a session of Congress
through the date on which the same or succeeding Congress first
convenes its next session, section 3 shall apply to such
transfer in the succeeding session of Congress.
(2) Timing of submission of notice for purposes of
resolutions of disapproval.--In applying section 3 for purposes
of review under this subsection, an intended transfer described
under subsection (a) shall be treated as though the head of the
Executive agency submitted the written notice of the intended
transfer to Congress--
(A) in the case of the Senate, the 15th session
day; or
(B) in the case of the House of Representatives,
the 15th legislative day,
after the succeeding session of Congress first convenes.
(f) Rule of Construction.--If Congress does not enact a joint
resolution of disapproval under section 3 respecting an intended
transfer described in subsection (a), no court or agency may infer any
intent of the Congress from any action or inaction of the Congress with
regard to such transfer or joint resolution of disapproval.
SEC. 3. CONGRESSIONAL DISAPPROVAL PROCEDURES.
(a) Description of Joint Resolution of Disapproval.--For purposes
of this section, the term ``joint resolution'' means only a joint
resolution introduced in the period beginning on the date on which the
written notice of an intended transfer referred to in section 2(a) is
received by Congress and ending 60 days thereafter (excluding days
either House of Congress is adjourned for more than 3 days during a
session of Congress), the matter after the resolving clause of which is
as follows: ``That Congress disapproves the intended transfer submitted
by the ____ relating to ____, and such transfer shall have no force or
effect.'' (The blank spaces being appropriately filled in).
(b) Referral to Committees of Jurisdiction.--A joint resolution
described in subsection (a) shall be referred to the committees in each
House of Congress with jurisdiction.
(c) Discharge of Committee in Senate.--In the Senate, if the
committee to which is referred a joint resolution described in
subsection (a) has not reported such joint resolution (or an identical
joint resolution) at the end of 20 calendar days after the written
notice of the intended transfer under section 2(a) is received by
Congress, such committee may be discharged from further consideration
of such joint resolution upon a petition supported in writing by 30
Members of the Senate, and such joint resolution shall be placed on the
calendar.
(d) Procedures for Expedited Consideration of Joint Resolution in
Senate.--(1) In the Senate, when the committee to which a joint
resolution is referred has reported, or when a committee is discharged
(under subsection (c) from further consideration of a joint resolution
described in subsection (a), it is at any time thereafter in order
(even though a previous motion to the same effect has been disagreed
to) for a motion to proceed to the consideration of the joint
resolution, and all points of order against the joint resolution (and
against consideration of the joint resolution) are waived. 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
shall not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the joint resolution shall remain
the unfinished business of the Senate until disposed of.
(2) In the Senate, debate on the joint resolution, and on all
debatable motions and appeals in connection therewith, shall be limited
to not more than 10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution. A motion further to
limit debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the joint resolution is not in
order.
(3) In the Senate, immediately following the conclusion of the
debate on a joint resolution described in subsection (a), and a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, the vote on final passage of the joint
resolution shall occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
(e) Deadline for Application of Procedures for Expedited
Consideration in Senate.--In the Senate, the procedure specified in
subsection (c) or (d) shall not apply to the consideration of a joint
resolution respecting an intended transfer--
(1) after the expiration of the 60 session days beginning
with the date on which the written notice of the intended
transfer under section 2(a) is received by Congress; or
(2) if the written notice of the intended transfer was
submitted during the period referred to in section 2(e)(1),
after the expiration of the 60 session days beginning on the
15th session day after the succeeding session of Congress first
convenes.
(f) Coordination of Actions Between House and Senate.--If, before
the passage by one House of a joint resolution of that House described
in subsection (a), that House receives from the other House a joint
resolution described in subsection (a), then the following procedures
shall apply:
(1) The joint resolution of the other House shall not be
referred to a committee.
(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
(B) the vote on final passage shall be on the joint
resolution of the other House.
(g) Exercise of Rulemaking Authority.--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 joint 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. 4. DEFINITIONS.
In this Act:
(1) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.
(2) Humanitarian assistance.--The term ``humanitarian
assistance'' means assistance to meet humanitarian needs,
including needs for food, medicine, medical supplies and
equipment, education, and clothing.
(3) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined, for purposes of section
6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)(1)(A)) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.)), section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a)), section 40(d) of the Arms Export Control
Act (22 U.S.C. 2780(d)), or any other provision of law, to be a
government that has repeatedly provided support for acts of
international terrorism. | Keep Taxpayer Dollars Safe from Terrorists Act of 2016 This bill prohibits an executive agency from transferring funds to a state sponsor of terrorism without prior written notice to Congress (with an exception for humanitarian assistance). An intended transfer shall not take effect if Congress enacts a joint resolution disapproving the transfer. An intended transfer shall not take effect until the latest of: the date occurring 60 days after Congress receives such written notice; in the case of a presidential veto of a joint resolution of disapproval, the earlier of the date on which either chamber fails to override the veto or the date occurring 30 session days after Congress received the veto; or the date the transfer otherwise would have taken effect (unless a joint resolution of disapproval is enacted). The bill provides a special rule for a written notice of transfer submitted within 60 legislative days before Congress adjourns. The bill sets forth congressional procedures for such a joint resolution of disapproval. | Keep Taxpayer Dollars Safe from Terrorists Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teen Dating Violence Prevention Act
of 2008''.
SEC. 2. PURPOSES.
The purposes of this Act are to establish Federal grant programs
that prevent and reduce verbal, mental, emotional, physical, and sexual
abuse in youth dating relationships and to improve coordination,
collaboration, and cross-training among Federal, State, and local
agencies and nonprofit entities that serve or interact with offenders
and victims of youth dating violence.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Violence is cyclical; violent juvenile delinquents are
four times more likely than other youths to come from homes in
which their fathers beat their mothers.
(2) Technological advancements can enhance stalking,
verbal, emotional, and social abuse while avoiding parental and
adult intervention in abusive teen dating relationships.
(3) Girls between the ages of 16 and 24 are most likely to
experience domestic and dating violence.
(4) Teen dating violence is prevalent regardless of race,
gender, or socio-economic status.
(5) More than half of all rape victims are assaulted
between the ages of 12 and 24.
(6) Approximately, 1 in 3 teens reports some kind of abuse
in a romantic relationship, including emotional and verbal
abuse.
(7) Nearly 50 percent of all adult sex offenders report
committing their first offense prior to age 18.
(8) Abusive dating partners isolate teens from their
families and tend to intentionally create family discord.
(9) Teens involved in abusive relationships are also more
likely to face legal and drug problems, pregnancy, and other
issues.
(10) Most parents are unaware of teen dating violence and
have not discussed teen dating violence with their children.
SEC. 4. ESTABLISHMENT OF A TEEN DATING VIOLENCE PROGRAM.
(a) Grants.--The Attorney General may award grants to eligible
grant entities for the purposes of--
(1) designing and implementing programs and services
targeting runaway and homeless youth, youth in the foster care
system, or youth in the juvenile justice system who are victims
of domestic or dating violence, sexual assault, or stalking;
(2) designing and implementing violence prevention programs
to provide education, awareness, and counseling to deter
abusive behaviors and traits in youth dating relationships;
(3) assessing and analyzing available services for youth
victims of dating violence, determining barriers to such
services, and developing community-based, collaborative
strategies to address such violence; and
(4) providing preventative, rehabilitative, and other
counseling services to youth victims and youth offenders of
domestic violence, dating violence, sexual assault, or
stalking.
(b) Requirements.--Each recipient of a grant under this Act--
(1) shall use funds provided by such grant to ensure that
program services developed, modified, and provided to youth
victims and youth offenders of domestic violence, dating
violence, sexual assault, or stalking are developed, modified,
and provided with an understanding of and sensitivity to the
linguistic, cultural, social, racial, geographic, and economic
backgrounds of such youth;
(2) shall ensure that victim services organizations,
schools, and families impacted by youth dating violence are
consulted in the development of the program and activities to
be carried out with such grant, and that such organizations,
schools, and families have a significant role in evaluating the
results of the program;
(3) shall develop programs that exhibit collaborative
activities and training models to provide appropriate
resources, protection, and support to youth, and to their
families, as needed;
(4) may include mental health services for youth who have
experienced domestic violence, dating violence, sexual assault,
or stalking;
(5) may include legal assistance and counseling for youth
victims of domestic violence, dating violence, sexual assault,
or stalking; and
(6) shall not use more than 30 percent of the funds
provided by such grant to provide childcare, transportation,
educational support, respite care, and other indirect support
services (excluding the services described in paragraphs (4)
and (5)) to youth victims and youth offenders of domestic
violence, dating violence, sexual assault, or stalking.
(c) Priority.--In awarding grants under this Act, the Attorney
General shall give priority to eligible grant entities that have
submitted applications in partnership with other community
organizations and service providers that work primarily with youth,
especially teens, and eligible grant entities that have demonstrated a
commitment to coalition building and cooperative problem solving in
dealing with problems of dating violence, domestic violence, sexual
assault, and stalking in youth populations.
(d) Grantee Requirements.--For the purpose of this Act, an eligible
grant entity includes--
(1) State, local, or tribal governments or agencies
focusing on at-risk youth;
(2) nonprofit organizations providing services for runaway,
homeless, or foster care youth, or youth in the juvenile
justice system who have been victims of dating violence,
domestic violence, sexual assault, or stalking;
(3) nonprofit, community-based victim services
organizations specializing in intervention or violence
prevention services, youth batterer and offender treatment
programs, teen parenting, or health and sex education services
targeting youth;
(4) faith-based organizations that focus on youth
counseling and crime prevention; and
(5) community-based, nonprofit organizations serving
marginalized and at-risk youth.
(e) Evaluation and Reporting.--Each year for which an entity
receives a grant under this Act, the entity shall submit to the
Attorney General an annual report detailing the activities carried out
with such grant, including any additional information the Attorney
General may require.
SEC. 5. REPORTING.
For each fiscal year for which amounts are appropriated to carry
out this Act, the Attorney General shall submit to the appropriate
Congressional committees and make widely available, including through
electronic means, summaries of the activities carried out by the
entities receiving grants under this Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Dating violence.--The term ``dating violence'' has the
meaning given the term in section 40002 of the Violence Against
Women Act of 1994 (42 U.S.C. 13925).
(2) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925).
(3) Stalking.--The term ``stalking'' has the meaning given
the term in section 40002 of the Violence Against Women Act of
1994 (42 U.S.C. 13925).
(4) Victim of domestic violence, dating violence, sexual
assault, or stalking.--The term ``victim of domestic violence,
dating violence, sexual assault, or stalking'' includes--
(A) a person who has been a victim of domestic
violence, dating violence, sexual assault, or stalking;
and
(B) a person whose family member or household
member has been a victim of domestic violence, dating
violence, sexual assault, or stalking.
(5) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, dating violence, sexual assault, or stalking, or to
advocates for such victims, including a rape crisis center, an
organization carrying out a domestic violence program, an
organization operating a shelter or providing counseling
services, or an organization providing assistance through the
legal process.
(6) Youth.--The term ``youth'' means any individual age 11
to 25.
(7) Appropriate congressional committees.--The term
``appropriate Congressional committees'' means the Committee on
the Judiciary of the House of Representatives and the Committee
on the Judiciary of the Senate.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act,
$3,000,000 for each of the fiscal years 2010 through 2015. Not more
than 10 percent of funds appropriated to carry out this Act may be used
for administration, monitoring and evaluation, or technical assistance. | Teen Dating Violence Prevention Act of 2008 - Authorizes the Attorney General to award grants to state, local, or tribal governments, nonprofit organizations, and community and faith-based organizations to provide services and education and counseling programs for runaway and homeless youth or other at-risk youth who are the victims of domestic or dating violence, sexual assault, or stalking. | To reduce and prevent teen dating violence, and for other purposes. |
SECTION 1. ADDITIONAL EMERGENCY USES FOR MEDICAL PRODUCTS TO REDUCE
DEATHS AND SEVERITY OF INJURIES CAUSED BY AGENTS OF WAR.
(a) FDA Authorization for Medical Products for Use in
Emergencies.--Section 564 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb-3) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) a determination by the Secretary of Defense that
there is a military emergency, or a significant potential for a
military emergency, involving a heightened risk to United
States military forces, including personnel operating under the
authority of title 10 or title 50, United States Code, of
attack with--
``(i) a biological, chemical, radiological, or nuclear
agent or agents; or
``(ii) an agent or agents that may cause, or are
otherwise associated with, an imminently life-threatening
and specific risk to United States military forces;''; and
(B) by adding at the end the following:
``(6) Military emergencies.--In the case of a determination
described in paragraph (1)(B), the Secretary shall determine,
within 45 calendar days of such determination, whether to make a
declaration under paragraph (1), and, if appropriate, shall
promptly make such a declaration.''; and
(2) in subsection (c)--
(A) in paragraph (3), by striking ``; and'' and inserting
``;'';
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) in the case of a determination described in subsection
(b)(1)(B)(ii), that the request for emergency use is made by the
Secretary of Defense; and''.
(b) Emergency Uses for Medical Products.--
(1) In general.--The Secretary of Defense may request that the
Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, take actions to expedite the
development of a medical product, review of investigational new
drug applications under section 505(i) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(i)), review of investigational
device exemptions under section 520(g) of such Act (21 U.S.C.
360j(g)), and review of applications for approval and clearance of
medical products under sections 505, 510(k), and 515 of such Act
(21 U.S.C. 355, 360(k), 360(e)) and section 351 of the Public
Health Service Act (42 U.S.C. 262), including applications for
licensing of vaccines or blood as biological products under such
section 351, or applications for review of regenerative medicine
advanced therapy products under section 506(g) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356(g)), if there is a military
emergency, or significant potential for a military emergency,
involving a specific and imminently life-threatening risk to United
States military forces of attack with an agent or agents, and the
medical product that is the subject of such application,
submission, or notification would be reasonably likely to diagnose,
prevent, treat, or mitigate such life-threatening risk.
(2) Actions.--Upon a request by the Secretary of Defense under
paragraph (1), the Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall take action to
expedite the development and review of an applicable application or
notification with respect to a medical product described in
paragraph (1), which may include, as appropriate--
(A) holding meetings with the sponsor and the review team
throughout the development of the medical product;
(B) providing timely advice to, and interactive
communication with, the sponsor regarding the development of
the medical product to ensure that the development program to
gather the nonclinical and clinical data necessary for approval
or clearance is as efficient as practicable;
(C) involving senior managers and experienced review staff,
as appropriate, in a collaborative, cross-disciplinary review;
(D) assigning a cross-disciplinary project lead for the
review team to facilitate an efficient review of the
development program and to serve as a scientific liaison
between the review team and the sponsor;
(E) taking steps to ensure that the design of the clinical
trials is as efficient as practicable, when scientifically
appropriate, such as by minimizing the number of patients
exposed to a potentially less efficacious treatment;
(F) applying any applicable Food and Drug Administration
program intended to expedite the development and review of a
medical product; and
(G) in appropriate circumstances, permitting expanded
access to the medical product during the investigational phase,
in accordance with applicable requirements of the Food and Drug
Administration.
(3) Enhanced collaboration and communication.--In order to
facilitate enhanced collaboration and communication with respect to
the most current priorities of the Department of Defense--
(A) the Food and Drug Administration shall meet with the
Department of Defense and any other appropriate development
partners, such as the Biomedical Advanced Research and
Development Authority, on a semi-annual basis for the purposes
of conducting a full review of the relevant products in the
Department of Defense portfolio; and
(B) the Director of the Center for Biologics Evaluation and
Research shall meet quarterly with the Department of Defense to
discuss the development status of regenerative medicine
advanced therapy, blood, and vaccine medical products and
projects that are the highest priorities to the Department of
Defense (which may include freeze dried plasma products and
platelet alternatives),
unless the Secretary of Defense determines that any such meetings
are not necessary.
(4) Medical product.--In this subsection, the term ``medical
product'' means a drug (as defined in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321)), a device (as defined
in such section 201), or a biological product (as defined in
section 351 of the Public Health Service Act (42 U.S.C. 262)).
(c) Repeal.--Effective as of the enactment of the National Defense
Authorization Act for Fiscal Year 2018, subsection (d) of section 1107a
of title 10, United States Code, as added by section 716 of the
National Defense Authorization Act for Fiscal Year 2018, is repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the House passed version is repeated here.) (Sec. 1) This bill amends the Federal Food, Drug, and Cosmetic Act to allow the Food and Drug Administration (FDA) to authorize the emergency use of an otherwise unapproved medical product if the Department of Defense (DOD) determines that there is a military emergency involving an agent that may cause imminently life-threatening and specific risk to U.S. forces. If a military emergency is determined to exist, the bill allows DOD to request that the FDA expedite certain procedures for approving medical products that would be reasonably likely to diagnose, prevent, treat, or mitigate such risk. The FDA must take specified actions to facilitate such a request by DOD. The bill repeals provisions of the National Defense Authorization Act for Fiscal Year 2018 that allow DOD, rather than the FDA, to authorize the emergency use of an unapproved product under similar circumstances. Unless DOD determines such meetings to be unnecessary, the FDA shall meet with DOD: (1) semi-annually to conduct a full review of relevant medical products in the DOD portfolio; and (2) quarterly to discuss the development status of regenerative medicine advanced therapy, blood, and vaccine medical products and projects that DOD prioritizes. | To amend the Federal Food, Drug, and Cosmetic Act to authorize additional emergency uses for medical products to reduce deaths and severity of injuries caused by agents of war, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freeze and Investigate Affordable
Care Act of 2011''.
SEC. 2. FREEZE ON IMPLEMENTATION OF HEALTH REFORM LAW.
(a) In General.--Notwithstanding any other provision of law, the
provisions of the health reform law that are not in effect on the date
of the enactment of this Act shall not take effect.
(b) Regulations Under Health Reform Law.--Notwithstanding any other
provision of law, the Federal Government shall not promulgate or
enforce regulations under the provisions of the health reform law that
are not in effect on the date of enactment of this Act, or otherwise
prepare to implement such provisions.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch a commission to be
known as the Affordable Care Evaluation Commission (in this Act
referred to as the ``Commission'').
SEC. 4. DUTIES OF THE COMMISSION; INVESTIGATIVE REPORT.
The duties of the Commission shall be--
(1) to prepare and, not later than 270 days after the date
of the enactment of this Act, to submit to the President and
Congress a report that contains--
(A) a projection of the impact that the
implementation of the provisions of the health reform
law that are not in effect on the date of the enactment
of this Act would have on--
(i) the quality of health care delivered to
individuals who are Medicare recipients on the
date of the enactment of this Act;
(ii) health insurance coverage of
individuals who are insured on such date;
(iii) participation in State exchanges and
the effect on the Federal deficit; and
(iv) job creation and the size of the tax
base;
(B) an evaluation of the findings, conclusions, and
recommendations developed by all other relevant
governmental agencies regarding the facts and
circumstances surrounding such implementation; and
(C) a recommendation of corrective measures to
mitigate any negative impact of such implementation;
and
(2) to make available to the public the report submitted
under paragraph (1).
SEC. 5. MEMBERS OF COMMISSION.
(a) Composition.--The Commission shall be composed of 10 members,
of whom--
(1) 1 member shall be appointed by the President, who shall
serve as chair of the Commission;
(2) 1 member shall be appointed by the Speaker of the
House, who shall serve as vice chair of the Commission;
(3) 2 members shall be appointed by the majority leader of
the Senate;
(4) 2 members shall be appointed by the minority leader of
the Senate;
(5) 2 members shall be appointed by the majority leader of
the House of Representatives; and
(6) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Deadline for Appointment.--All members of the Commission shall
be appointed before the end of the 30-day period beginning on the date
of the enactment of this Act.
(c) Qualifications.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--Individuals appointed to the
Commission shall be prominent citizens, with national
recognition and significant depth of experience in such
professions as government service, financial services,
economics, law, public administration, commerce, and the United
States healthcare system.
SEC. 6. OPERATION OF COMMISSION.
(a) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission as soon as practicable.
(b) Public Meetings.--Meetings of the Commission shall be held in
public to the extent practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chair, the vice chair, or a majority of
its members. Six members of the Commission shall constitute a quorum.
Any vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner in which the original appointment was made.
SEC. 7. COMPENSATION OF MEMBERS.
(a) Compensation.--Each member of the Commission shall be paid at a
rate not to exceed the daily equivalent of the annual rate of basic pay
for level IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that member is engaged in
the actual performance of duties vested in the Commission.
(b) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(c) Members Not Treated as Federal Employees.--The Members of the
Commission shall not be considered employees under section 2105 of
title 5, United States Code.
SEC. 8. DIRECTOR AND STAFF OF COMMISSION.
(a) Appointment and Compensation.--The chair of the Commission, in
consultation with the vice chair of the Commission, in accordance with
rules agreed upon by the Commission, may appoint and fix the pay of a
director and such other personnel as may be necessary to enable the
Commission to carry out its functions, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no rate of
pay fixed under this subsection may exceed the annual rate of basic pay
for level V of the Executive Schedule under section 5316 of title 5,
United States Code.
(b) Detailees.--Upon request of the Commission, the head of a
Federal department or agency may detail, without reimbursement from the
Commission, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
(c) Consultant Services.--The Commission may procure the services
of experts and consultants in accordance with section 3109(b) of title
5, United States Code, but at rates for individuals not to exceed the
daily equivalent of the annual rate of basic pay for level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
SEC. 9. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency information necessary to
enable it to carry out this Act. Upon the request of the chair or a
majority of the Commission, the head of that department or agency shall
furnish such information to the Commission.
(c) Subpoenas.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission only--
(A) by the agreement of the chair and the vice
chair; or
(B) by the affirmative vote of 6 members of the
Commission.
(2) Service of subpoenas.--Subpoenas of the Commission may
be served by any person designated by the chair or by a
majority of the Commission.
(3) Enforcement.--
(A) In general.--If a person refuses to obey a
subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order
requiring such person to appear before the Commission
to give testimony, produce evidence, or both, relating
to the matter under investigation. Any failure to obey
the order of the court may be punished by the court as
civil contempt.
(B) Additional enforcement.--If a person refuses to
obey a subpoena issued under paragraph (1), the
Commission may, by majority vote, certify a statement
of fact constituting such failure to the appropriate
United States attorney, who may bring the matter before
the grand jury for its action, under the same statutory
authority and procedures as if the United States
attorney had received a certification under sections
102 through 104 of the Revised Statutes of the United
States (2 U.S.C. 192 through 194).
(d) Contracting.--To the extent or in the amounts provided in
advance in appropriation Acts, the Commission may enter into contracts
to enable the Commission to carry out its duties under this Act.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties under
this Act.
(f) Gifts.--To the extent or in the amounts provided in advance in
appropriations Acts, the Commission may accept, use, and dispose of
gifts or donations of services or property.
(g) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the United States.
SEC. 10. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
with respect to the Commission.
SEC. 11. TERMINATION.
The Commission shall terminate not later than 30 days after the
report is submitted under section 4.
SEC. 12. DEFINITIONS.
In this Act:
(1) The term ``health reform law'' means the Patient
Protection and Affordable Care Act (Public Law 111-148) and the
health care-related provisions of the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152), including the
amendments made by such provisions.
(2) The term ``health care-related provisions'' means, with
respect to the Health Care and Education Reconciliation Act of
2010, title I and subtitle B of title II of such Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the activities of the Commission under this Act,
to remain available until the termination of the Commission. | Freeze and Investigate Affordable Care Act of 2011 - Declares that the provisions of the health reform law that are not in effect on the date of the enactment of this Act shall not take effect.
Prohibits the federal government from promulgating or enforcing regulations under the provisions of the health reform law that are not in effect on the date of enactment of this Act, or otherwise prepare to implement such provisions.
Establishes the Affordable Care Evaluation Commission to report to the President and Congress a projection of the impact that the implementation of the provisions of the health reform law that are not in effect on the enactment of this Act would have on: (1) the quality of health care delivered to individuals who are Medicare recipients on the date of the enactment of this Act, (2) health insurance coverage of individuals insured as of such date, (3) participation in state exchanges and the effect on the federal deficit, and (4) job creation and the size of the tax base. Requires the report also to: (1) evaluate findings, conclusions, and recommendations developed by all other relevant government agencies regarding the facts and circumstances surrounding such implementation, and (2) recommend corrective measures to mitigate any negative impact of such implementation. | To freeze the implementation of the health reform law, to establish a commission to evaluate its impact on the delivery of health care to current Medicare recipients, job creation, current health insurance coverage, participation in State exchanges, and the Federal deficit, and for other purposes. |
SECTION 1. FCC DAILY NEWSPAPER CROSS-OWNERSHIP RULE.
(a) Immediate Review.--
(1) In general.--The Federal Communications Commission
shall modify section 73.3555(d) of its regulations (47 C.F.R.
73.3555(d)) to provide for the immediate review of a license
for any AM, FM, or TV broadcast station held by any party
(including all parties under common control) that acquires
direct or indirect ownership, operation, or control of a daily
newspaper.
(2) Notice to commission.--The modification under paragraph
(1) shall require that any licensee covered by that paragraph
notify the Committee of the acquisition of the ownership,
operation, or control of a daily newspaper upon the acquisition
of such ownership, operation, or control.
(b) Remedial Action.--The Commission shall further modify section
73.3555(d) of its regulations (47 C.F.R. 73.3555(d)) to require
modification or revocation of the license, or divestiture of such
ownership, operation, or control of the daily newspaper, unless the
Commission determines that direct or indirect ownership, operation, or
control of the daily newspaper by that party will not cause a result
described in paragraph (1), (2), or (3) of that section.
(c) 6-Month Deadline for Compliance.--Under the regulations as
modified under subsection (b), if the Commission does not make a
determination described in subsection (b), the Commission shall require
the modification, revocation, or divestiture to be completed not later
than the earlier of--
(1) the date that is 180 days after the date on which the
Commission issues the order requiring the modification,
revocation, or divestiture; or
(2) the date by which the Commission's regulations require
the license to be renewed.
(d) Application to Existing Arrangements.--
(1) In general.--In applying its regulations, as modified
pursuant to this section, to any license for an AM, FM, or TV
broadcast station that is held on the date of the enactment of
this Act by a party that also, as of that date, has direct or
indirect ownership, operation, or control of a daily newspaper,
the Commission--
(A) may grant a permanent or temporary waiver from
the modification, revocation, or divestiture
requirements of the modified regulation if the
Commission determines that the waiver is consistent
with the principles of competition, diversity, and
localism in the public interest; and
(B) shall not apply the modified regulation so as
to require modification, revocation, or divestiture in
circumstances in which section 73.3555(d) of the
Commission's regulations (47 C.F.R. 73.3555(d)) does
not apply because of Note 4 to that section.
(2) Notice to commission.--A licensee of a license
described by paragraph (1) shall notify the Commission not
later than 30 days after the date of the enactment of this Act
that the license is covered by paragraph (1).
SEC. 2. REVIEW BASED ON TRANSACTIONS.
The Federal Communications Commission shall further modify section
73.3555 of its regulations (47 C.F.R. 73.3555) so that the Commission
will determine compliance with section 73.3555(d) of its regulations,
as modified by the Commission pursuant to section 1 of this Act,
whenever a party (including all parties under common control)--
(1) that holds a license for an AM, FM, or TV broadcast
station acquires direct or indirect ownership, operation, or
control of a daily newspaper; or
(2) that directly or indirectly owns, operates, or controls
a daily newspaper acquires a license for an AM, FM, or TV
broadcast station.
SEC. 3. FCC TO JUSTIFY REPEAL OR MODIFICATION OF REGULATIONS UNDER
REGULATORY REFORM.
Section 11 of the Communications Act of 1934 (47 U.S.C. 161) is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Relaxation or Elimination of Media Ownership Rules.--If, as a
result of a review under subsection (a)(1), the Commission makes a
determination under subsection (a)(2) with respect to its regulations
governing multiple ownership (47 C.F.R. 73.3555), then not less than 18
months before the proposed repeal or modification under subsection (c)
is to take effect, the Commission shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Commerce of the House of Representatives--
``(1) a statement of the proposed repeal or modification;
and
``(2) an explanation of the basis for its determination,
including an explanation of how the proposed repeal or
modification is expected to promote competition, diversity, and
localism in the public interest.''.
SEC. 4. DEADLINE FOR MODIFICATION OF REGULATIONS.
The Federal Communications Commission shall complete the
modifications of its regulations required by sections 1 and 2 of this
Act not later than 1 year after the date of the enactment of this Act. | Requires the Federal Communications Commission (FCC) to modify its regulations concerning the multiple ownership of broadcast stations to: (1) require the immediate review of a license for any AM, FM, or TV broadcast station (station) held by any party that acquires the ownership, operation, or control of a daily newspaper; and (2) require the modification or revocation of such license, or divestiture of such ownership, unless such ownership will not cause a radio contour overlap or overlap a third station. Authorizes the FCC to grant a permanent or temporary waiver of such requirement when consistent with the principles of competition, diversity, and localism in the public interest. Prohibits the FCC from requiring such modification, revocation, or divestiture when it is against the public interest, convenience, or necessity.Requires the FCC to further modify its regulations so that it will determine compliance with such modified multiple ownership requirements whenever: (1) a party that holds a license for such a station acquires ownership, operation, or control of a daily newspaper; or (2) a party that owns, operates, or controls a daily newspaper acquires a license for any such station.Allows the FCC to modify or repeal its media ownership rules after reporting an explanation thereof to specified congressional committees. | A bill to require the Federal Communications Commission to amend its daily newspaper cross-ownership rules, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Energy Enhancement Act
of 2005''.
SEC. 2. ALTERNATE ENERGY-RELATED USES ON THE OUTER CONTINENTAL SHELF.
(a) In General.--Section 8 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337) is amended by adding at the end the following:
``(p)(1) The Secretary, in consultation with the Secretary of the
Department in which the Coast Guard is operating and other relevant
departments and agencies of the Federal Government, may grant a lease,
easement, right-of-way, license, or permit on the outer Continental
Shelf for activities not otherwise authorized under this Act, the
Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), the Ocean Thermal
Energy Conversion Act of 1980 (42 U.S.C. 9101 et seq.), or other
applicable law, if those activities support or promote--
``(A) exploration, development, production, transportation,
or storage of oil, natural gas, or other minerals;
``(B) production, transportation, or transmission of energy
from sources other than oil and gas; or
``(C) use, for energy-related or marine-related purposes,
of facilities in use on or before the date of enactment of this
subsection for activities authorized under this Act.
``(2)(A)(i) Subject to paragraph (3), the Secretary shall establish
reasonable forms of payment for any lease, easement, right-of-way,
license, or permit under this subsection, including a royalty, fee,
rental, bonus, or other payment, as the Secretary determines to be
appropriate.
``(ii) The Secretary may establish a form of payment described in
clause (i) by rule or by agreement with the holder of the lease,
easement, right-of-way, license, or permit.
``(B) In establishing a form of, or schedule relating to, a payment
under subparagraph (A), the Secretary shall take into consideration the
economic viability of a proposed activity.
``(C) The Secretary may, by rule, provide for relief from or
reduction of a payment under subparagraph (A)--
``(i) if, without the relief or reduction, an activity
relating to a lease, easement, right-of-way, license, or permit
under this subsection would be uneconomical;
``(ii) to encourage a particular activity; or
``(iii) for another reason, as the Secretary determines to
be appropriate.
``(D) If the holder of a lease, easement, right-of-way, license, or
permit under this subsection fails to make a payment by the date
required under a rule or term of the lease, easement, right-of-way,
license, or permit, the Secretary may require the holder to pay
interest on the payment in accordance with the underpayment rate
established under section 6621(a)(2) of the Internal Revenue Code of
1986, for the period--
``(i) beginning on the date on which the payment was due;
and
``(ii) ending on the date on which the payment is made.
``(E)(i) The Secretary may allow a credit in the amount of any
excess payment made by the holder of a lease, easement, right-of-way,
license, or permit under this subsection or provide a refund in the
amount of the excess payment from the account to or in which the excess
payment was paid or deposited.
``(ii) The Secretary shall pay, or allow the holder of a lease,
easement, right-of-way, license, or permit under this subsection a
credit in the amount of, any interest on an amount refunded or credited
under clause (i) in accordance with the overpayment rate established
under section 6621(a)(1) of the Internal Revenue Code of 1986, for the
period--
``(I) beginning on the date on which the Secretary received
the excess payment; and
``(II) ending on the date on which the refund or credit is
provided.
``(F)(i) The Secretary, in coordination with the Administrator of
the National Oceanic and Atmospheric Administration, may establish
reasonable forms of payment, as determined by the Secretary, for a
license issued under the Ocean Thermal Energy Conversion Act of 1980
(42 U.S.C. 9101 et seq.), including a royalty, fee, rental, bonus, or
other payment, as the Secretary determines to be appropriate, in
addition to the administrative fee under section 102(h) of that Act (42
U.S.C. 9112(h)).
``(ii) A form of payment under clause (i) may be established by
rule or by agreement with the holder of the lease, easement, right-of-
way, license, or permit.
``(3)(A) Any funds received by the Secretary from a holder of a
lease, easement, right-of-way, license, or permit under this subsection
shall be distributed in accordance with this paragraph.
``(B)(i) If a lease, easement, right-of-way, license, or permit
under this subsection covers a specific tract of, or regards a facility
located on, the outer Continental Shelf and is not an easement or
right-of-way for transmission or transportation of energy, minerals, or
other natural resources, the Secretary shall pay 50 percent of any
amount received from the holder of the lease, easement, right-of-way,
license, or permit to the State off the shore of which the geographic
center of the area covered by the lease, easement, right-of-way,
license, permit, or facility is located, in accordance with Federal law
determining the seaward lateral boundaries of the coastal States.
``(ii) Not later than the last day of the month after the month
during which the Secretary receives a payment from the holder of a
lease, easement, right-of-way, license, or permit described in clause
(i), the Secretary shall make payments in accordance with clause (i).
``(C)(i) The Secretary shall deposit 20 percent of the funds
described in subparagraph (A) to a special account maintained and
administered by the Secretary to provide research and development
grants for improving energy technologies.
``(ii) An amount deposited under clause (i) shall remain available
until expended, without further appropriation.
``(D) The Secretary shall credit 5 percent of the funds described
in subparagraph (A) to the annual operating appropriation of the
Minerals Management Service.
``(E) The Secretary shall deposit any funds described in
subparagraph (A) that are not deposited or credited under subparagraphs
(B) through (D) in the general fund of the Treasury.
``(F) This paragraph does not apply to any amount received by the
Secretary under section 9701 of title 31, United States Code, or any
other law (including regulations) under which the Secretary may recover
the costs of administering this subsection.
``(4) Before carrying out this subsection, the Secretary shall
consult with the Secretary of Defense and other appropriate Federal
agencies regarding the effect of this subsection on national security
and navigational obstruction.
``(5)(A) The Secretary may issue a lease, easement, right-of-way,
license, or permit under paragraph (1) on a competitive or
noncompetitive basis.
``(B) In determining whether a lease, easement right-of-way,
license, or permit shall be granted competitively or noncompetitively,
the Secretary shall consider factors including--
``(i) prevention of waste and conservation of natural
resources;
``(ii) the economic viability of a project;
``(iii) protection of the environment;
``(iv) the national interest and national security;
``(v) human safety;
``(vi) protection of correlative rights; and
``(vii) the potential return of the lease, easement, right-
of-way, license, or permit.
``(6) The Secretary, in consultation with the Secretary of the
Department in which the Coast Guard is operating, other relevant
Federal agencies, and affected States, as the Secretary determines
appropriate, shall promulgate any regulation the Secretary determines
to be necessary to administer this subsection to achieve the goals of--
``(A) ensuring public safety;
``(B) protecting the environment;
``(C) preventing waste;
``(D) conserving the natural resources of, and protecting
correlative rights in, the outer Continental Shelf;
``(E) protecting national security interests;
``(F) auditing and reconciling payments made and owed by
each holder of a lease, easement, right-of-way, license, or
permit under this subsection to ensure a correct accounting and
collection of the payments; and
``(G) requiring each holder of a lease, easement, right-of-
way, license, or permit under this subsection to--
``(i) establish such records as the Secretary
determines to be necessary;
``(ii) retain all records relating to an activity
under a lease, easement, right-of-way, license, or
permit under this subsection for such period as the
Secretary may prescribe; and
``(iii) produce the records on receipt of a request
from the Secretary.
``(7) Section 22 shall apply to any activity relating to a lease,
easement, right-of-way, license, or permit under this subsection.
``(8) The Secretary shall require the holder of a lease, easement,
right-of-way, license, or permit under this subsection to--
``(A) submit to the Secretary a surety bond or other form
of security, as determined by the Secretary; and
``(B) comply with any other requirement the Secretary
determines to be necessary to protect the interests of the
United States.
``(9) Nothing in this subsection displaces, supersedes, limits, or
modifies the jurisdiction, responsibility, or authority of any Federal
or State agency under any other Federal law.
``(10) This subsection does not apply to any area on the outer
Continental Shelf designated as a National Marine Sanctuary.''.
(b) Conforming Amendment.--Section 8 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337) is amended in the section heading by
striking ``leasing'' and all that follows and inserting ``leases,
easements, and rights-of-way on the outer continental shelf.''.
(c) Savings Provision.--Nothing in the amendment made by subsection
(a) requires any resubmission of documents previously submitted or any
reauthorization of actions previously authorized with respect to any
project--
(1) for which offshore test facilities have been
constructed before the date of enactment of this Act; or
(2) for which a request for proposals has been issued by a
public authority. | Alternative Energy Enhancement Act of 2005 - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to grant a lease, easement, right-of-way, license, or permit on the outer Continental Shelf for activities not otherwise authorized under specified statutes if those activities support or promote: (1) exploration, development, production, transportation, or storage of oil, natural gas, or other minerals; (2) production, transportation, or transmission of energy from sources other than oil and gas; or (3) use, for energy-related or marine-related purposes, of facilities in use on or before enactment this Act.
Prescribes implementation and payment procedures.
Declares this Act inapplicable to any area on the outer Continental Shelf designated as a National Marine Sanctuary. | To amend the Outer Continental Shelf Lands Act to promote uses on the Outer Continental Shelf. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Animal Medicinal Drug Use
Clarification Act of 1994''.
SEC. 2. UNAPPROVED USES.
(a) General Rule.--Section 512(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(a)) is amended by adding the following new
paragraphs at the end:
``(4)(A) Except as provided in subparagraph (B), if an approval of
an application filed under subsection (b) is in effect with respect to
a particular use or intended use of a new animal drug, the drug shall
not be deemed unsafe for the purposes of paragraph (1) and shall be
exempt from the requirements of section 502(f) with respect to a
different use or intended use of the drug, other than a use in or on
animal feed, if such use or intended use--
``(i) is by or on the lawful written or oral order of a
licensed veterinarian within the context of a veterinarian-client-
patient relationship, as defined by the Secretary; and
``(ii) is in compliance with regulations promulgated by the
Secretary that establish the conditions for such different use or
intended use.
The regulations promulgated by the Secretary under clause (ii) may
prohibit particular uses of an animal drug and shall not permit such
different use of an animal drug if the labeling of another animal drug
that contains the same active ingredient and which is in the same
dosage form and concentration provides for such different use.
``(B) If the Secretary finds that there is a reasonable probability
that a use of an animal drug authorized under subparagraph (A) may
present a risk to the public health, the Secretary may--
``(i) establish a safe level for a residue of an animal drug
when it is used for such different use authorized by subparagraph
(A); and
``(ii) require the development of a practical, analytical
method for the detection of residues of such drug above the safe
level established under clause (i).
The use of an animal drug that results in residues exceeding a safe
level established under clause (i) shall be considered an unsafe use of
such drug under paragraph (1). Safe levels may be established under
clause (i) either by regulation or order.
``(C) The Secretary may by general regulation provide access to the
records of veterinarians to ascertain any use or intended use
authorized under subparagraph (A) that the Secretary has determined may
present a risk to the public health.
``(D) If the Secretary finds, after affording an opportunity for
public comment, that a use of an animal drug authorized under
subparagraph (A) presents a risk to the public health or that an
analytical method required under subparagraph (B) has not been
developed and submitted to the Secretary, the Secretary may, by order,
prohibit any such use.
``(5) If the approval of an application filed under section 505 is
in effect, the drug under such application shall not be deemed unsafe
for purposes of paragraph (1) and shall be exempt from the requirements
of section 502(f) with respect to a use or intended use of the drug in
animals if such use or intended use--
``(A) is by or on the lawful written or oral order of a
licensed veterinarian within the context of a veterinarian-client-
patient relationship, as defined by the Secretary; and
``(B) is in compliance with regulations promulgated by the
Secretary that establish the conditions for the use or intended use
of the drug in animals.''.
(b) Other Amendments.--
(1) Section 301.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended--
(A) in paragraph (e), by striking ``507(d) or (g),'' and
inserting ``507(d) or (g), 512(a)(4)(C),''; and
(B) by adding at the end the following:
``(u) The failure to comply with any requirements of the provisions
of, or any regulations or orders of the Secretary, under section
512(a)(4)(A), 512(a)(4)(D), or 512(a)(5).''.
(2) Section 512(e).--Section 512(e)(1)(A) of the Federal Food,
Drug and Cosmetic Act (21 U.S.C. 360b(e)(1)(A)) is amended by
inserting before the semicolon the following: ``or the condition of
use authorized under subsection (a)(4)(A)''.
(3) Section 512(l).--Section 512(l)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360b(l)(1)) is amended by
striking ``relating to experience'' and inserting ``relating to
experience, including experience with uses authorized under
subsection (a)(4)(A),''.
(c) Regulations.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
promulgate regulations to implement paragraphs (4)(A) and (5) of
section 512(a) of the Federal Food, Drug, and Cosmetic Act (as amended
by subsection (a)).
(d) Effective Date.--The amendments made by this section shall take
effect upon the adoption of the final regulations under subsection (c).
SEC. 3. MAPLE SYRUP.
(a) Preemption.--Section 403A(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343-1(a)) is amended--
(1) in paragraph (1), by inserting at the end the following:
``except that this paragraph does not apply to a standard of
identity of a State or political subdivision of a State for maple
syrup that is of the type required by sections 401 and 403(g),'';
(2) in paragraph (2), by inserting at the end the following:
``except that this paragraph does not apply to a requirement of a
State or political subdivision of a State that is of the type
required by section 403(c) and that is applicable to maple
syrup,''; and
(3) in paragraph (3) by inserting at the end the following:
``except that this paragraph does not apply to a requirement of a
State or political subdivision of a State that is of the type
required by section 403(h)(1) and that is applicable to maple
syrup,''.
(b) Procedure.--Section 701(e)(1) (21 U.S.C. 371(e)(1)) is amended
by striking ``or maple syrup (regulated under section 168.140 of title
21, Code of Federal Regulations).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Animal Medicinal Drug Use Clarification Act of 1994 - Amends the Federal Food, Drug, and Cosmetic Act to allow, on order of a veterinarian: (1) a new animal drug approved for one use to be used for a different purpose other than a use in or on animal feed; and (2) a new drug approved for human use to be used in animals.
Specifies that regulations promulgated by the Secretary of Health and Human Services may prohibit particular uses of an animal drug and shall not permit such different use if the labeling of another animal drug that contains the same active ingredient and that is in the same dosage form and concentration provides for such different use.
Permits the Secretary, upon finding that there is a reasonable probability that a use of an animal drug authorized may present a risk to the public health, to establish a safe level for residue of an animal drug for such different authorized use and require the development of a practical, analytical method for the detection of residues of such drug above the safe level established. Directs that the use of an animal drug that results in residues exceeding a safe level so established be considered an unsafe use of such drug. Allows safe levels to be established either by regulation or order.
Authorizes the Secretary by general regulation to provide access to the records of veterinarians to ascertain any use or intended use authorized that the Secretary has determined may present a risk to the public health. Specifies that if the Secretary finds, after affording an opportunity for public comment, that a use of an animal drug so authorized presents such a risk or that an analytical method required has not been developed and submitted, the Secretary may by order prohibit any such use.
Exempts State and local governments from Federal requirements that preempt their authority with respect to nutrition labeling for maple syrup. | Animal Medicinal Drug Use Clarification Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Incentives for Successful Companies
Act of 2010''.
SEC. 2. CREDIT FOR JOB TRAINING BY SUCCESSFUL COMPANIES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45S. JOB TRAINING BY SUCCESSFUL COMPANIES.
``(a) General Rule.--For purposes of section 38, the successful
company job training credit determined under this section for the
taxable year is an amount equal to the amount paid or incurred by the
employer in providing qualified job training during the taxable year.
``(b) Qualified Job Training.--For purposes of this section--
``(1) In general.--The term `qualified job training' means
job training provided to a United States employee within the 4-
week period beginning on the hiring date of such employee. The
preceding sentence shall apply only to those United States
employees who first begin work for the taxpayer after the date
of the enactment of this section.
``(2) Items included.--Such term includes--
``(A) properly allocated labor, material, and
associated overhead costs for the trainers,
``(B) non-working paid training hours, and
``(C) associated overhead for the trainees.
``(3) Items excluded.--Such term does not include general
and administrative costs.
``(c) United States Employee.--For purposes of this section--
``(1) In general.--The term `United States employee' means
an individual who is lawfully present in the United States and
employed full time by the taxpayer in the United States.
``(2) Valid social security account number required.--Such
term shall not include any individual who does not have a valid
social security account number.
``(3) Social security account number.--The term `social
security account number' means a social security number issued
to an individual by the Social Security Administration (other
than a social security number issued pursuant to clause (II)
(or that portion of clause (III) that relates to clause (II))
of section 205(c)(2)(B)(i) of the Social Security Act).
``(d) Other Definitions.--For purposes of this section--
``(1) Successful company.--The term `successful company'
means any United States company or enterprise which the
Secretary determines--
``(A) maintains a long-term United States growth
plan that meets the criteria established by the
Secretary under this section,
``(B) as of the time of the determination, is
experiencing financial performance and achieving a
balance sheet would have qualified such company or
enterprise for a certain level of loan from primary
lending sources of such company or enterprise as of
June 1, 2008, on the basis of credit and underwriting
criteria in effect on such date, but cannot get access
to loans from such lending sources as of the date of
such determination because of current tighter credit
and underwriting criteria, and
``(C) in the most recent calendar year had an
average of not fewer than 5 employees and not more than
500 employees.
``(2) Hiring date.--The term `hiring date' has the meaning
given such term by section 51(d)(11).
``(3) United states.--The term `United States' includes the
District of Columbia and the possessions of the United States.
``(e) Special Rules.--
``(1) Monetization of credit.--At the election of the
taxpayer, the credit allowed under this section shall be
treated as a credit allowed under subpart C and not allowed
under subsection (a).
``(2) Election not to claim credit.--This section shall not
apply to a taxpayer for any taxable year if such taxpayer
elects to have this section not apply for such taxable year.
``(f) Termination.--Subsection (a) shall not apply to taxable years
beginning after December 31, 2014.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (35), by striking
the period at the end of paragraph (36) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(37) the successful company job training credit
determined under section 45S(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45R the following new
item:
``Sec. 45S. Job training by successful companies.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 3. INCREASE IN EXPENSING BY SUCCESSFUL COMPANIES.
(a) In General.--Section 179 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(6) Special rule for successful companies.--
``(A) In general.--In the case of a successful
company, for each taxable year beginning before 2015--
``(i) Dollar limitation.--Paragraph (1)
shall be applied by substituting `$250,000' for
the dollar amount otherwise in effect for such
taxable year.
``(ii) Reduction in limitation.--Paragraph
(2) shall be applied by substituting `$800,000'
for the dollar amount otherwise in effect for
such taxable year.
``(B) Successful company.--For purposes of
subparagraph (A), the term `successful company' has the
meaning given such term by section 45S(d)(1).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2010. | Incentives for Successful Companies Act of 2010 - Amends the Internal Revenue Code to allow through 2014: (1) certain businesses designated as successful companies a business-related tax credit for job training expenses; and (2) an increase to $250,000 in the expensing allowance for depreciable business assets placed in service by such companies. Defines a "successful company" as a U.S. company or enterprise that maintains a long-term U.S. growth plan, meets certain financial and creditworthiness criteria, and had an average of not fewer than 5 or more than 500 employees in the most recent calendar year. | To provide a tax credit for job training by successful companies, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Countering Russian Missiles Act of
2017''.
SEC. 2. DEFINITIONS.
(a) Appropriate Congressional Committees.--The term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Appropriations, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(b) INF Treaty.--The term ``INF Treaty'' means the Treaty between
the United States of America and the Union of Soviet Socialist
Republics on the Elimination of Their Intermediate-Range and Shorter-
Range Missiles, signed at Washington, DC, December 8, 1987, and entered
into force June 1, 1988.
SEC. 3. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The INF Treaty, which entered into force on June 1,
1988, banned the Union of Soviet Socialist Republics (USSR)
from possessing ground-launched nuclear and conventional
missiles and launchers retaining ranges between 500 and 5,500
kilometers (km).
(2) Implementation of the INF Treaty led to the
dismantlement of 2,692 short-, medium-, and intermediate-range
missiles between the United States and the USSR, representing a
major reduction in both nuclear arsenals and evidencing key
efforts to safeguard the United States and its allies from
nuclear weapons.
(3) Since concerns regarding a noncompliant ground-launched
cruise missile (GLCM) were first raised in 2008, the Russian
Federation has developed and tested a GLCM (currently
designated ``SSC-8'') that has a range violating the
fundamental stipulations of the INF Treaty.
(4) In 2014, the United States labeled the Russian
Federation to be ``in violation'' of the INF Treaty in the
Department of State Report entitled, ``Adherence to and
Compliance with Arms Control, Nonproliferation, and Disarmament
Agreements and Commitments'', and has maintained Russia's
noncompliant status in each subsequent report due to the
development and testing of the SSC-8.
(5) During a March 2017 hearing at the Committee on Armed
Services of the House of Representatives, the Vice Chairman of
the Joint Chiefs of Staff, General Paul Selva, asserted that
``we believe that the Russians have deployed a land-based
cruise missile that violates the spirit and intent of the
Intermediate Nuclear Forces Treaty'' and that such a system
poses ``a threat to NATO and to facilities within the NATO area
of responsibility.''
(6) When examining the response options at the United
States disposal, the Department of Defense stated in its 2016
Plan for Military Response Options to Russian Federation
Violations of the Intermediate-range Nuclear Forces (INF)
Treaty that ``Russia's return to compliance with its
obligations under the INF Treaty remains the preferable
outcome.''
(7) United States allies in Europe do not currently have
sufficient defensive articles and material to properly defend
against the Russian Federation's new GLCM.
(b) Statement of Policy.--It is the policy of the United States
to--
(1) protect the United States interests and assets abroad
and our allies from the burgeoning threat stemming from
Russia's development of a new GLCM that violates the INF
Treaty;
(2) promote and expand cooperation and mutual defense with
European and Asian allies through--
(A) strengthening the United States offensive
posture and defensive infrastructure on the European
continent; and
(B) enhancing military to military coordination
with key allies in Europe and Asia;
(3) pressure the Russian Federation to abide by its
commitments regarding the INF Treaty and discontinue engaging
in hostile activities regarding its missile program by--
(A) diplomatically engaging the Russian Federation
within the Special Verification Commission;
(B) articulating that the Russian Federation is in
material breach of the INF Treaty; and
(C) communicating to the Russian Federation that if
they remain in non-compliance with the INF Treaty by
January 1, 2019, the United States will--
(i) take military actions to improve our
European deterrence and defense capabilities,
including the development of a conventional
variant of the Long Range Stand-off system
(LRSO);
(ii) assist United States allies in
improving their air- and sea-launched
conventional strike capabilities by
facilitating sales of the extended-range
variant of the Joint Air-to-Surface Standoff
Missile (JASSM-ER) and sea-based Tomahawk
cruise missile; and
(iii) deploy limited defenses against
cruise missiles to protect key alliance assets;
and
(4) not precipitously withdraw from the INF Treaty without
fully consulting and coordinating with European allies.
SEC. 4. REPORTS.
(a) Report on the Military and Security Ramifications of Russia's
GLCM.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense, with the concurrence of the Secretary of
State, shall submit to the appropriate congressional committees
a report including the following elements:
(A) A description of the status of the Russian
Federation's new GLCM (SSC-8), its capabilities, and
the threat it poses to the United States' European and
Asian allies and assets in the region.
(B) An assessment of whether the United States
faces significant military disadvantages with the
introduction of the SSC-8 to the European continent.
(C) An assessment of gaps in the United States
current missile defense infrastructure in Europe and
what capabilities may be required to defend United
States and European assets against the threat posed by
the SSC-8.
(D) An assessment of capability gaps that a new
United States intermediate range missile, which is not
compliant with the INF Treaty, would address in Europe
and Asia.
(E) The timeline for fielding an INF range missile,
including time for research, development, and
deployment of the system, and the total cost for
development and deployment of the system.
(2) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
(b) Report on Plans for Greater Missile Defense Coordination With
Allies.--Not later than 180 days after the date of the enactment of
this Act, and annually thereafter, the Secretary of State, with the
concurrence of the Secretary of Defense, shall submit to the
appropriate congressional committees a report that includes a plan
including--
(1) a description of how the United States will coordinate
with its European allies to enhance missile detection and
defense; and
(2) any recommendations for additional foreign military
sales, financing, or international military education and
training to be made available to European allies for
strengthening missile defense capabilities.
SEC. 5. CONSULTATION WITH CONGRESS.
(a) Commission Proposals.--Not later than 15 days before any
meeting of the Special Verification Commission to discuss and resolve
implementation and compliance issues regarding additional procedures to
improve the viability and effectiveness of the Treaty, the President
shall consult with the Chairman and Ranking Member of the Committee on
Foreign Relations of the Senate with regard to whether the proposal, if
adopted, would constitute an amendment to the INF Treaty requiring the
advice and consent of the Senate, as set forth in Article II, section
2, clause 2 of the Constitution of the United States.
(b) Ensuring Compliance.--Not later than 180 days after the date of
the enactment of this Act, and semiannually thereafter, the Secretary
of State shall consult with the Chairman and Ranking Member regarding
whether the Russian Federation is in compliance with the INF Treaty,
and if not, what steps the United States is taking to bring them back
into compliance.
SEC. 6. RESTRICTION OF FUNDS TO LEAVE THE INF TREATY.
(a) In General.--Except as provided under subsection (b), no funds
may be made available or expended for any action that effects the
withdrawal of the United States from the INF Treaty.
(b) Exception.--The restriction in subsection (a) shall not apply--
(1) after Congress has received the report required by
section 4(a); and
(2) 90 days after the President certifies to the
appropriate congressional committees that withdrawal of the
United States from the INF Treaty is in the vital national
security interests of the United States, including the reasons
for such certification and an explanation of how the INF Treaty
would prohibit the President's intended actions. | Countering Russian Missiles Act of 2017 This bill requires the Department of Defense (DOD) to submit annual reports on: the status of the Russian Federation's new SSC-8 ground-launched cruise missile, its capabilities, and the threat it poses to the European and Asian allies of the United States and U.S. assets in the region; whether the United States faces significant military disadvantages with the introduction of the SSC-8 to the European continent; gaps in the current U.S. missile defense infrastructure in Europe; gaps in capability that a new U.S. intermediate range missile, that is not compliant with the Treaty between the United States and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles (INF Treaty), would address in Europe and Asia; and the time line for fielding, and the cost for deployment of, an INF range missile. The Department of State must submit an annual report that includes a plan: (1) describing how the United States will coordinate with its European allies to enhance missile detection and defense; and (2) recommending additional foreign military sales, financing, or international military education and training for such allies for strengthening missile defense capabilities. The bill requires specified consultation by the President and Congress regarding Russian Federation compliance with the treaty. The bill prohibits any funds from being made available or expended for any action that effects U.S. withdrawal from the treaty unless the President certifies that withdrawal is in U.S. vital national security interests. | Countering Russian Missiles Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HMO Solvency Act of 2001''.
SEC. 2. ASSURING THE SOLVENCY OF MEDICAID MANAGED CARE ORGANIZATIONS.
(a) Medicaid Program.--Section 1932(b) of the Social Security Act
(42 U.S.C. 1396u-2(b)) is amended by adding at the end the following
new paragraph:
``(9) Solvency-related requirements.--
``(A) Periodic reporting.--Each medicaid managed
care organization shall submit to the State not less
often than each quarter (or such more frequent basis as
a State may specify) such financial reports as may be
necessary to monitor the financial stability of the
organization and provide an early warning of any risk
of insolvency. The State shall review the reports so
submitted and shall determine the appropriate course of
action based upon such review.
``(B) Audits.--
``(i) Preapproval independent audit of
operations.--Before a State enters into a
contract under section 1903(m) (on and after
the effective date of this subparagraph) with a
medicaid managed care organization, the
organization shall provide for such on-site
audit as the Secretary shall require to
evaluate its internal structure upon which the
organization's financial projections are based.
Such audit shall be undertaken by an
independent entity (which may be an appropriate
State agency) with such qualifications as the
Secretary shall specify. The audit shall
include at least a review of the organization's
claims processing capability and utilization
management and accounting functions and shall
focus on the key business risks the
organization is facing, including regulatory
risks, competition, provider network, pricing,
claims processing environment, reserves, and
information system integrity.
``(ii) Periodic audits under a state audit
plan.--Each medicaid managed care organization
shall provide for such periodic audits as the
State shall require under an audit plan
designed by the State and approved by the
Secretary. The frequency of such audits shall
take into account changes in subcontracting by,
and ownership of, the organization.
``(C) Minimum net worth in cash or cash
equivalents.--Each medicaid managed care organization
shall maintain, on an ongoing basis, such minimum net
worth (in cash or cash equivalents) in such amount,
form, and manner as the State shall specify, consistent
with guidelines established by the Secretary. The State
may permit the minimum net worth requirement to be met
through a written guarantee by a guarantor that meets
such requirements as the State shall specify consistent
with such guidelines.
``(D) Approval of certain subcontractors.--In the
case of a medicaid managed care organization that
proposes to enter into (on and after the effective date
of this subparagraph) a subcontract with another entity
to provide health care services to enrollees under this
title, to perform health care provider reimbursement
under this title, or to carry out other functions of
the organization under this title that have a direct
impact on enrollees--
``(i) the organization shall provide notice
(and a copy of the contract) to the State at
least 90 days before the date it is entered
into; and
``(ii) before the subcontract takes effect,
the organization shall provide for an
independent audit of the proposed subcontractor
to establish that the subcontractor will be
able to provide the services under the
subcontract and to guarantee its performance
financially in a manner satisfactory to the
State.
``(E) Reporting of significant changes in ownership
or scope of operations.--Each medicaid managed care
organization shall provide for such timely reports to
the State of such significant changes in the ownership
of the organization, or of the scope of operations of
the organization, including by takeover or merger, as
the State shall require in order to appropriately
assure the continuing solvency of the organization
after the date such changes take effect.
``(F) Federal solvency standards.--Each medicaid
managed care organization shall comply with, and each
State shall apply, such additional solvency standards
as the Secretary may establish to carry out this
paragraph.
``(G) Application of certain requirements to
controlling organizations and entities.--In the case of
a medicaid managed care organization that is
substantially owned or controlled by another
organization or entity, subparagraphs (A), (C), (E),
and (as appropriate) (F) shall apply to such other
organization or entity as well as to the medicaid
managed care organization.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendment
made by subsection (a) applies as of such date (not later than
6 months after the date of the enactment of this Act) as the
Secretary of Health and Human Services shall specify.
(2) Transition.--The Secretary--
(A) may delay the effective date of such amendment
in the case of a State that requires the enactment of
legislation (other than legislation appropriating
funds) in order for the State medicaid plan under title
XIX of the Social Security Act to meet the additional
requirements imposed by such amendment; and
(B) may permit medicaid managed care organizations
that are operating as of the effective date of such
amendment such additional time as might be appropriate
to meet the additional requirement of section
1932(b)(9)(C) of the Social Security Act (relating to
minimum net worth), as added by such amendment.
SEC. 3. ASSURING THE SOLVENCY OF MEDICARE+CHOICE ORGANIZATIONS.
(a) Application to Medicare+Choice Organizations.--Section 1855 of
the Social Security Act (42 U.S.C. 1395w-25) is amended by adding at
the end the following new subsection:
``(e) Solvency-Related Requirements.--
``(1) In general.--Except as provided in this subsection,
the requirements of section 1932(b)(9) shall apply to
Medicare+Choice organizations in the same manner as they apply
to medicaid managed care organizations except that, for
purposes of this subsection, any reference in such section to a
State, title XIX, or a contract under section 1903(m) is deemed
a reference to the Secretary, this title, and a contract under
section 1857, respectively.
``(2) Recognition of state enforcement.--Insofar as the
Secretary finds that a State under section 1932(b)(9) is
applying to a Medicare+Choice organization the requirements of
such section and the organization meets such requirements, the
Secretary shall deem the organization as meeting the comparable
requirements that would otherwise be imposed under paragraph
(1).
``(3) Relation to other requirements.--The Secretary shall
waive the application of a requirement of paragraph (1) to an
organization insofar as the Secretary finds that the
application of the requirement would be duplicative of other,
similar requirements of this part and would not provide greater
protection to Medicare+Choice enrollees.''.
(b) Application to Other Organizations Providing Medicare Benefits
on a Capitated Basis.--The Secretary of Health and Human Services shall
provide for the application of the requirement of section 1855(e) of
the Social Security Act (as added by subsection (a)) to organizations
(other than Medicare+Choice organizations) that receive payment on a
capitated basis for provision of services under title XVIII of the
Social Security Act.
(c) Effective Date.--The Secretary of Health and Human Services
shall implement the amendment made by subsection (a) and shall
implement subsection (b) in a manner similar to the manner in which the
amendment made by section 2(a) becomes effective under paragraphs (1)
and (2)(B) of section 2(b).
SEC. 4. REPORT ON PROTECTION OF HEALTH CARE PROVIDERS IN CASE OF PLAN
INSOLVENCY.
The Secretary of Health and Human Services shall report to
Congress, not later than 1 year after the date of the enactment of this
Act, on--
(1) the steps States are taking to guaranty that, in the
event of insolvency of a medicaid managed care organization
that offers coverage under the medicaid program or a
Medicare+Choice organization that offers a Medicare+Choice
plan, health care providers will be protected from financial
losses; and
(2) what additional steps the Secretary deems appropriate
for States or the Federal Government to take to protect health
care providers in the event of such an insolvency. | HMO Solvency Act of 2001 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to establish solvency-related requirements for Medicaid managed care organizations, requirements that include periodic financial reporting to the State, independent audits, and approval of certain subcontractors.Amends part C (Medicare+Choice) of SSA title XVIII (Medicare) to establish solvency-related requirements for application to Medicare+Choice organizations.Directs the Secretary of Health and Human Services to provide for the application of such requirements to organizations other than Medicare+Choice organizations that receive payment on a capitated basis for provision of Medicare services. | To amend titles XVIII and XIX of the Social Security Act to assure the financial solvency of Medicare+Choice organizations and Medicaid managed care organizations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Standards Addressing Federal
Transparency and Oversight With Evolving Recruitment Specifications
Act'' or the ``SAFE TOWERS Act''.
SEC. 2. HIRING OF AIR TRAFFIC CONTROLLERS.
Section 44506 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Revision of Hiring Practices.--
``(1) Consideration of applicants.--
``(A) Preference for at-cti and vra applicants.--In
appointing individuals to the position of air traffic
controller, the Administrator shall give preferential
consideration to the following applicants:
``(i) An individual who--
``(I) has successfully completed
air traffic controller training and
graduated from an institution
participating in the Collegiate
Training Initiative program maintained
under subsection (c)(1); and
``(II) has received an appropriate
recommendation from the institution.
``(ii) A qualified individual who is
eligible for a veterans recruitment appointment
pursuant to section 4214 of title 38.
``(iii) A qualified individual who is an
eligible veteran, as such term is defined in
section 4211 of title 38, maintaining aviation
experience.
``(B) Consideration of general public applicants.--
The Administrator may consider general public
applicants for the position of air traffic controller
only after completing consideration of the applicants
described in subparagraph (A).
``(2) Elimination of biographical assessments.--
``(A) In general.--The Administrator shall revise
the hiring practices of the Administration that apply
to applicants for the position of air traffic
controller with the Department of Transportation to
eliminate the use of a biographical assessment or any
other personality test that unduly disqualifies
applicants. The revision under this subparagraph shall
not be subject to paragraph (3).
``(B) Reconsideration of applicants disqualified on
the basis of biographical assessments.--
``(i) In general.--If an individual applied
for the position of air traffic controller with
the Department in response to the FG-01 Vacancy
Announcement issued on February 10, 2014, and
was disqualified from the position as the
result of a biographical assessment, the
Administrator shall provide the applicant an
opportunity to reapply as soon as practicable
for the position under the revised hiring
practices.
``(ii) Waiver of age restriction.--The
Administrator shall waive any maximum age
restriction for the position of air traffic
controller with the Department that would
otherwise disqualify an individual from the
position if the individual--
``(I) is reapplying for the
position pursuant to clause (i) on or
before December 31, 2016; and
``(II) met the maximum age
requirement on the date of the
individual's previous application for
the position.
``(3) Participation of cti institutions in revision of
hiring practices.--Before making any revision to the hiring
practices that apply to applicants for the position of air
traffic controller with the Department, the Administrator shall
provide the Air Traffic Control Education and Training Advisory
Committee established under subsection (g) and institutions of
higher education participating in the Collegiate Training
Initiative program with notice of the revision and an
opportunity to comment.''.
SEC. 3. COLLEGIATE TRAINING INITIATIVE.
Section 44506(c)(1) of title 49, United States Code, is amended--
(1) in the first sentence by striking ``may maintain'' and
inserting ``shall maintain''; and
(2) in the second sentence by striking ``may establish''
and inserting ``, in consultation with the Air Traffic Control
Education and Training Advisory Committee established under
subsection (g), shall establish''.
SEC. 4. AIR TRAFFIC CONTROL EDUCATION AND TRAINING ADVISORY COMMITTEE.
Section 44506 of title 49, United States Code, is further amended
by adding at the end the following:
``(g) Air Traffic Control Education and Training Advisory
Committee.--
``(1) Establishment.--The Administrator shall establish an
Air Traffic Control Education and Training Advisory Committee
(in this subsection referred to as the `Committee').
``(2) Duties.--The Committee shall--
``(A) provide advice and recommendations to the
Administrator about the needs, objectives, plans, and
content of air traffic controller training programs;
``(B) review the operations of the Collegiate
Training Initiative program maintained under subsection
(c)(1);
``(C) establish standardized curriculum, required
outcomes, and accreditation standards for the
Collegiate Training Initiative program; and
``(D) annually review the air traffic controller
training initiatives carried out by the Administration
and provide advice and recommendations to the
Administrator on whether such initiatives are
appropriate to meet the needs of the air traffic
controller workforce.
``(3) Membership.--
``(A) Number and appointment.--The Committee shall
be composed of 9 members appointed by the Administrator
as follows:
``(i) 2 individuals based on
recommendations of the Association of
Collegiate Training Institutions.
``(ii) 2 individuals based on
recommendations of the National Air Traffic
Controllers Association.
``(iii) 2 individuals based on
recommendations of the University Aviation
Association.
``(iv) 3 individuals selected by the
Administrator who meet the requirements of
subparagraph (B).
``(B) Qualifications.--Individuals appointed
pursuant to subparagraph (A)(iv)--
``(i) may not be employees of the Federal
Aviation Administration; and
``(ii) shall be specifically qualified to
serve on the Committee as a result of their
education, training, and experience.
``(C) Terms.--
``(i) In general.--A member shall be
appointed for a term of 2 years.
``(ii) Terms of initial appointees.--As
designated by the Administrator at the time of
appointment--
``(I) 1 of the members first
appointed under each of subparagraphs
(A)(i), (A)(ii), and (A)(iii) shall be
appointed for a term of 3 years; and
``(II) 2 of the members first
appointed under subparagraph (A)(iv)
shall be appointed for terms of 3
years.
``(D) Vacancies.--
``(i) In general.--Any member appointed to
fill a vacancy occurring before the expiration
of the term for which the member's predecessor
was appointed shall be appointed only for the
remainder of that term.
``(ii) Interim service.--A member may serve
after the expiration of that member's term
until a successor has taken office.
``(iii) Manner of appointment.--A vacancy
in the Committee shall be filled in the manner
in which the original appointment was made.
``(E) Pay; travel expenses.--Members shall serve
without pay but may receive travel expenses, including
per diem in lieu of subsistence, when attending
meetings of the Committee in accordance with applicable
provisions under subchapter I of chapter 57 of title 5.
``(F) Chairperson.--The Chairperson of the
Committee shall be elected by a majority of the
members.
``(G) Meetings.--The Committee shall meet quarterly
and may have additional meetings at the call of the
Chairperson.
``(4) Annual report.--
``(A) In general.--Not later than May 31st of each
year, the Committee shall submit to Congress and the
Administrator an annual report containing--
``(i) the findings and recommendations of
the Committee; and
``(ii) beginning with the second annual
report, an assessment of whether or not the
Administrator has complied with the Committee's
recommendations from the previous year.
``(B) FAA comments.--Not later than 60 days after
the date of submission of an annual report that
includes an assessment described in subparagraph
(A)(ii), the Administrator shall submit to Congress and
the Committee a report containing the Administrator's
written response to the assessment, including an
explanation as to why the Administrator did or did not
comply with each recommendation of the Committee.
``(5) Termination.--Section 14(a)(2)(B) of the Federal
Advisory Committee Act (5 U.S.C. App.; relating to the
termination of advisory committees) shall not apply to the
Committee.''.
SEC. 5. BEST PRACTICES FOR TRAINING AIR TRAFFIC CONTROLLERS.
Section 44506 of title 49, United States Code, is further amended
by adding at the end the following:
``(h) Best Practices for Training.--The Administrator, in
consultation with the Air Traffic Control Education and Training
Advisory Committee established under subsection (g), shall take into
consideration any locally developed training initiatives for air
traffic controllers for use in establishing best practices
nationwide.''. | Standards Addressing Federal Transparency and Oversight With Evolving Recruitment Specifications Act or the SAFE TOWERS Act - Revises Federal Aviation Administration (FAA) requirements for the hiring of air traffic controllers. Directs the FAA Administrator to give preferential consideration in the hiring of air traffic controllers to: individuals who have successfully completed air traffic controller training and graduated from an institution participating in the FAA's Collegiate Training Initiative program, and have received a recommendation from the institution; and qualified individuals eligible for a veterans recruitment appointment or qualified eligible veterans who maintain aviation experience. Directs the Administrator to revise FAA hiring practices for air traffic controller applicants with the Department of Transportation (DOT) to eliminate the use of biographical assessments or other personality tests that unduly disqualify applicants. Changes from discretionary to mandatory the Administrator's authority to maintain the Collegiate Training Initiative program. Directs the Administrator to establish an Air Traffic Control Education and Training Advisory Committee. Requires the Administrator to take into consideration any locally developed training initiatives for air traffic controllers for use in establishing best practices nationwide. | SAFE TOWERS Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neutral Cost Recovery Act of 2001''.
SEC. 2. NEUTRAL COST RECOVERY DEPRECIATION ADJUSTMENT FOR CERTAIN
PROPERTY PLACED IN SERVICE AFTER DECEMBER 31, 2001.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
(relating to accelerated cost recovery system) is amended by adding at
the end thereof the following new subsection:
``(k) Deduction Adjustment To Allow Equivalent of Expensing for
Certain Property Placed in Service After December 31, 2001.--
``(1) In general.--In the case of tangible property placed
in service after December 31, 2001, the deduction under this
section with respect to such property--
``(A) shall be determined by substituting `150
percent' for `200 percent' in subsection (b)(1) in the
case of property to which the 200 percent declining
balance method would otherwise apply, and
``(B) for any taxable year after the taxable year
during which the property is placed in service shall
be--
``(i) the amount determined under this
section for such taxable year without regard to
this subparagraph, multiplied by
``(ii) the applicable neutral cost recovery
ratio for such taxable year.
``(2) Applicable neutral cost recovery ratio.--For purposes
of paragraph (1)--
``(A) In general.--The applicable neutral cost
recovery ratio for the property for any taxable year is
the number determined by--
``(i) dividing--
``(I) the gross domestic product
deflator for the calendar quarter
ending in such taxable year which
corresponds to the calendar quarter
during which the property was placed in
service by the taxpayer, by
``(II) the gross domestic product
deflator for the calendar quarter
during which the property was placed in
service by the taxpayer, and
``(ii) then multiplying the number
determined under clause (i) by the number equal
to 1.035 to the nth power where `n' is the
number of full years in the period beginning on
the 1st day of the calendar quarter during
which the property was placed in service by the
taxpayer and ending on the day before the
beginning of the corresponding calendar quarter
ending during such taxable year.
The applicable neutral cost recovery ratio shall never
be less than 1. The applicable neutral cost recovery
ratio shall be rounded to the nearest \1/1000\.
``(B) Special rule for certain property.--In the
case of property described in paragraph (2) or (3) of
subsection (b) or in subsection (g), the applicable
neutral cost recovery ratio shall be determined without
regard to subparagraph (A)(ii).
``(3) Gross domestic product deflator.--For purposes of
paragraph (2), the gross domestic product deflator for any
calendar quarter is the implicit price deflator for the gross
domestic product for such quarter (as shown in the first
revision thereof).
``(4) Election not to have subsection apply.--This
subsection shall not apply to any property if the taxpayer
elects not to have this subsection apply to such property. Such
an election, once made, shall be irrevocable.
``(5) Churning transactions.--This subsection shall not
apply to any property if this section would not apply to such
property were subsection (f)(5)(A)(ii) applied by substituting
`2002' for `1981' and `2001' for `1980'.
``(6) Additional deduction not to affect basis or
recapture.--
``(A) In general.--The additional amount determined
under this section by reason of this subsection shall
not be taken into account in determining the adjusted
basis of any property or of any interest in a pass-thru
entity which holds such property and shall not be
treated as a deduction for depreciation for purposes of
sections 1245 and 1250.
``(B) Pass-thru entity defined.--For purposes of
subparagraph (A), the term `pass-thru entity' means--
``(i) a regulated investment company,
``(ii) a real estate investment trust,
``(iii) an S corporation,
``(iv) a partnership,
``(v) an estate or trust, and
``(vi) a common trust fund.''
(b) Minimum Tax Treatment.--
(1) Paragraph (1) of section 56(a) of such Code is amended
by adding at the end thereof the following new subparagraph:
``(E) Use of neutral cost recovery ratio.--In the
case of property to which section 168(k) applies and
which is placed in service after December 31, 2001, the
deduction allowable under this paragraph with respect
to such property for any taxable year (after the
taxable year during which the property is placed in
service) shall be--
``(i) the amount so allowable for such
taxable year without regard to this
subparagraph, multiplied by
``(ii) the applicable neutral cost recovery
ratio for such taxable year (as determined
under section 168(k)).
This subparagraph shall not apply to any property with
respect to which there is an election in effect not to
have section 168(k)) apply.''
(2) Subparagraph (C) of section 56(g)(4) of such Code is
amended by adding at the end the following new clause:
``(v) Neutral cost recovery deduction.--
Clause (i) shall not apply to the additional
deduction allowable by reason of section
168(k).''
(c) Coordination With Depreciation Limitation on Certain
Automobiles.--Clause (i) of section 280F(a)(1)(B) of such Code is
amended by adding at the end the following new sentence: ``For purposes
of this clause, the unrecovered basis of any passenger automobile shall
be treated as including the additional amount determined under section
168 by reason of subsection (k) thereof to the extent not allowed as a
deduction by reason of this paragraph for any taxable year in the
recovery period.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2001. | Amends the Internal Revenue Code to require that the depreciation deduction for tangible property placed in service after 2001 be computed using neutral cost recovery ratios. | To amend the Internal Revenue Code of 1986 to provide that the deduction for depreciation shall be computed on a neutral cost recovery basis. |
SECTION 1. LAND EXCHANGE, BUREAU OF LAND MANAGEMENT LAND IN MARICOPA
COUNTY, ARIZONA, FOR PRIVATE LAND IN YAVAPAI COUNTY,
ARIZONA.
(a) Findings.--Congress finds the following:
(1) Certain parcels of private land located in Yavapai
County in the State of Arizona near Lake Pleasant are
intermingled with land owned by the United States and
administered by the Secretary of the Interior through the
Bureau of Land Management.
(2) A land exchange that would dispose of small isolated
tracts within larger blocks of contiguous parcels of land would
improve the management efficiency of the Federal land and serve
important public objectives, including--
(A) the enhancement of public access, aesthetics,
and recreational opportunities adjacent to Lake
Pleasant; and
(B) the protection and enhancement of habitat for
threatened and sensitive species within unified
landscapes under Federal management.
(b) Definitions.--In this section:
(1) The term ``acquired land'' means the land described in
subsection (c)(1) to be acquired by the United States.
(2) The term ``conveyed land'' means the land described in
subsection (c)(2) to be conveyed by the Secretary.
(3) The term ``map'' means the map entitled ``Lake Pleasant
Land Exchange'', which shall be on file and available for
public inspection in the offices of the Secretary and the
Arizona State Director of the Bureau of Land Management.
(4) The term ``Secretary'' means the Secretary of the
Interior, acting through the Director of the Bureau of Land
Management.
(c) Land Exchange.--
(1) Acquisition of private lands.--As consideration for the
conveyance of the Federal lands referred to in paragraph (2),
Pleasant Country Ltd. shall convey to the Secretary parcels of
private land, as generally depicted on the map, designated from
the approximately 8,000 acres of private land in the vicinity
of Lake Pleasant in Yavapai County, Arizona.
(2) Conveyance of federal lands.--In exchange for the
private lands acquired by the Secretary under paragraph (1),
the Secretary shall convey to Pleasant Country Ltd. all right,
title, and interest of the United States in and to Bureau of
Land Management lands (of equal value to the acquired land)
located--
(A) in sections 13, 14, 15, 22, 23, 24, and 25,
township 6 north, range 2 west, Gila and Salt River
meridian;
(B) in sections 17 through 30, township 6 north,
range 1 west, Gila and Salt River meridian; or
(C) elsewhere in the State of Arizona that, before
the date the land exchange is completed, are determined
to be surplus to the needs of the United States and are
acceptable to both the Secretary and Pleasant Country
Ltd.
(3) Conditions on acceptance.--Title to the acquired land
shall conform with the title approval standards applicable to
Federal land acquisitions, and the acquired land shall be
subject to valid existing rights of record. Title to the
conveyed land shall be acceptable to Pleasant Country Ltd., and
the conveyed land may be subject to only those deed
restrictions approved by both the Secretary and Pleasant
Country Ltd. before preparation of the appraisal.
(d) Equal Value Exchange.--The values of the acquired land and the
conveyed land shall be equal according to the appraisal conducted
pursuant to subsection (e) and approved by both the Secretary and
Pleasant Country Ltd.
(e) Appraisal.--
(1) Selection of appraiser.--The Secretary shall select a
qualified appraiser acceptable to both the Secretary and
Pleasant Country Ltd. to establish the value of the acquired
land and the conveyed land.
(2) Standards.--The selected appraiser shall use nationally
recognized appraisal standards to establish the value of the
acquired land and the conveyed land, including, as appropriate,
the following:
(A) The Uniform Appraisal Standards for Federal
Land Acquisitions (1992).
(B) The Uniform Standards of Professional Appraisal
Practice.
(C) Section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)).
(D) The Federal Land Exchange Facilitation Act of
1988 (Public Law 100-409; 102 Stat. 1086; 43 U.S.C.
1701 note).
(3) Approval.--Not later than 180 days after the date of
the date of the enactment of this Act, all appraisals of the
acquired land and the conveyed land shall be completed and
submitted to the Secretary and Pleasant Country Ltd. for
approval. In the case of a dispute concerning an appraisal or
appraisal issue that arises under this subsection, the
appraisal or appraisal issue in dispute shall be resolved in
accordance with section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)).
(f) Completion.--Notwithstanding any other provision of law, all
conveyances under subsection (c) shall be completed within 90 days
after the later of the following dates:
(1) The date on which the conditions set forth in
subsection (c)(3) are met.
(2) The date on which the appraisal under subsection (e) is
approved by both the Secretary and Pleasant Country Ltd., or,
in the case of a dispute concerning an appraisal or appraisal
issue that arises under such subsection, the date the dispute
is resolved as provided in such subsection.
(g) Relation to Other Law.--The land exchange authorized by this
section shall not be considered a major Federal action for the purposes
of section 102(2)(C) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)). | Directs the Secretary of the Interior to convey to Pleasant Country Ltd. all right, title, and interest of the United States in and to certain Federal lands in Maricopa County, Arizona, in exchange for lands of equal value designated from the approximately 8,000 acres of private land in the vicinity of Lake Pleasant in Yavapai County, Arizona. Declares that the exchange shall not be considered a major Federal action for the purposes of the National Environmental Policy Act of 1969. | To provide for the conveyance of certain Federal lands administered by the Bureau of Land Management in Maricopa County, Arizona, in exchange for private lands located in Yavapai County, Arizona, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chronic Wasting Disease Financial
Assistance Act of 2003''.
SEC. 2. DEFINITION AND FINDINGS.
(a) Chronic Wasting Disease Defined.--In this Act, the term
``chronic wasting disease'' means the animal disease afflicting deer
and elk that--
(1) is a transmissible disease of the nervous system
resulting in distinctive lesions in the brain; and
(2) belongs to the group of diseases known as transmissible
spongiform encephalopathies, which group includes scrapie,
bovine spongiform encephalopathy, and Cruetzfeldt-Jakob
disease.
(b) Findings.--Congress finds the following:
(1) The States retain undisputed primacy and policy-making
authority with regard to wildlife management, and nothing in
this Act interferes with or otherwise affects the primacy of
the States in managing wildlife generally, or managing,
surveying, and monitoring the incidence of chronic wasting
disease in animal populations.
(2) Chronic wasting disease is a fundamental threat to the
health and vibrancy of deer and elk populations, and the
increased occurrence of chronic wasting disease in the United
States necessitates government action to manage and eradicate
this lethal disease.
(3) As the States and tribal government move to manage
existing incidence of chronic wasting disease and insulate non-
infected wild cervid populations from the disease, it is
appropriate for the Federal Government to support their efforts
with financial assistance.
SEC. 3. STATE CHRONIC WASTING DISEASE MANAGEMENT CAPACITY BUILDING
GRANTS.
(a) Grants Authorized.--The Secretary of the Interior shall make
grants to State wildlife management agencies to assist States in
developing and implementing long term management strategies to address
chronic wasting disease in wild cervids.
(b) Eligibility.--A wildlife management agency of a State whose
comprehensive wildlife conservation plan include chronic wasting
disease management activities is eligible for a grant under this
section.
(c) Funding Priorities.--In determining the amount of grant funds
to be provided to eligible applicants under this section, the Secretary
shall prioritize applicants based on the following criteria:
(1) States in which chronic wasting disease has been
detected and States located adjacent or in proximity to States
in which chronic wasting disease has been detected.
(2) States that have expended State funds for chronic
wasting disease management, monitoring, surveillance, and
research, with additional priority given to those States that
have shown the greatest financial commitment to managing,
monitoring, surveying, and researching chronic wasting disease.
(3) States with comprehensive and integrated policies and
programs focused on chronic wasting disease management between
involved State wildlife and agricultural agencies and tribal
governments, with additional priority given to States that have
integrated the programs and policies of all involved agencies
related to chronic wasting disease management.
(4) States that are seeking to develop a rapid response
capacity to address outbreaks of chronic wasting disease,
whether occurring in States in which chronic wasting disease is
already found or States with first infections, for the purpose
of containing the disease in any new area of infection.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $7,500,000 to carry out this section.
SEC. 4. GRANTS FOR STATES WITH CHRONIC WASTING DISEASE OUTBREAKS.
(a) Grants Authorized.--The Secretary of the Interior shall make
grants to State wildlife management agencies to assist States in
responding to chronic wasting disease outbreaks in wild cervids.
(b) Eligibility.--A wildlife management agency of a State whose
comprehensive wildlife conservation plan include chronic wasting
disease management activities is eligible for a grant under this
section.
(c) Funding Priorities.--In determining the amount of grant funds
to be provided to eligible applicants under this section, the Secretary
shall prioritize applicants based on the following criteria:
(1) State expenditures on chronic wasting disease
management, monitoring, surveillance, and research in response
to management of an on-going outbreak.
(2) The number of chronic wasting disease cases detected in
the State.
(3) The wild cervid population of the State.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 5. TRIBAL CHRONIC WASTING DISEASE MANAGEMENT GRANTS.
(a) Grants Authorized.--The Secretary of the Interior shall make
grants to tribal wildlife management agencies to assist Indian tribes
in developing and implementing long term management strategies to
address chronic wasting disease in wild cervids.
(b) Eligibility.--A wildlife management agency of an Indian tribe
whose comprehensive wildlife conservation plan include chronic wasting
disease management activities is eligible for a grant under this
section.
(c) Funding Priorities.--In determining the amount of grant funds
to be provided to eligible applicants under this section, the Secretary
shall prioritize applicants based on the following criteria:
(1) Tribal governments managing lands on which cervids with
chronic wasting disease have been detected, or managing lands
located adjacent or in proximity to lands on which cervids with
chronic wasting disease have been detected.
(2) Tribal governments that have expended tribal funds for
chronic wasting disease management, monitoring, surveillance,
and research, with additional priority given to tribal
governments that have shown the greatest financial commitment
to managing, monitoring, and surveying chronic wasting disease.
(3) Tribal governments with cooperative arrangements with
Federal and State wildlife and agricultural agencies and State
governments, with additional priority given to tribal
governments that are working with other involved agencies on
issues of chronic wasting disease management.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $3,000,000 to carry out this section.
SEC. 6. ADMINISTRATION.
The Secretary of the Interior shall carry out this Act acting
through the Director, United States Fish and Wildlife Service. Funds
appropriated to carry out this Act shall be administered through the
Federal Assistance Program in the United States Fish and Wildlife
Service. Not more than three percent of such funds may be expended for
administrative expenses of the United States Fish and Wildlife Service
to carry out this Act. | Chronic Wasting Disease Financial Assistance Act of 2003 - Directs the Secretary of the Interior, with respect to chronic wasting disease in wild cervids (deer and elk), to make grants to State and tribal wildlife management agencies to develop and implement long term management strategies to address and respond to outbreaks of such disease. | A bill to authorize the Secretary of the Interior to make grants to State and tribal governments to assist State and tribal efforts to manage and control the spread of chronic wasting disease in deer and elk herds, and for other purposes. |
SECTION 1. CONVEYANCE OF FACILITIES.
(a) Definitions.--In this section:
(1) Burley.--The term ``Burley'' means the Burley
Irrigation District, an irrigation district organized under the
law of the State of Idaho.
(2) Division.--The term ``Division'' means the Southside
Pumping Division of the Minidoka project, Idaho.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Conveyance.--
(1) In general.--The Secretary shall, without consideration
or compensation except as provided in this section, convey to
Burley, by quitclaim deed or patent, all right, title, and
interest of the United States in and to the withdrawn and
acquired lands, easements, and rights-of-way of or in
connection with the Division, together with the pumping plants,
canals, drains, laterals, roads, pumps, checks, headgates,
transformers, pumping plant substations, buildings,
transmission lines, and other improvements or appurtenances to
the land or used for the delivery of water from the headworks
of the Southside Canal at the Minidoka Dam and reservoir to
land in Burley, including all facilities used in conjunction
with the Division (including the electric transmission lines
used to transmit electric power for the operation of the
pumping facilities of the Division and related purposes for
which the allocable construction costs have been fully repaid
by Burley).
(2) Costs.--The first $80,000 in administrative costs of
transfer of title and related activities shall be paid in equal
shares by the United States and Burley, and any additional
amount of administrative costs shall be paid by the United
States.
(c) Water Rights.--
(1) Transfer.--The Secretary shall transfer to Burley,
through an agreement among Burley, the Minidoka Irrigation
District, and the Secretary, in accordance with and subject to
the law of the State of Idaho, all natural flow, waste,
seepage, return flow, and ground water rights held in the name
of the United States for the benefit of, and for use on land
within, the Burley Irrigation District.
(2) Allocation of storage space.--The allocation to Burley
of storage space in Minidoka Reservoir, American Falls
Reservoir, and Palisades Reservoir, in accordance with Burley
Contract Nos. 14-06-100-2455 and 14-06-W-48 is affirmed,
subject to the obligation of Burley to continue to assume and
satisfy its allocable costs of operation and maintenance
associated with the storage facilities operated by the Bureau
of Reclamation.
(d) Project Reserved Power.--
(1) In general.--The Secretary shall continue to provide
Burley with a permanent right to project reserved power from
the Minidoka Reclamation Power Plant, Palisades Reclamation
Power Plant, Black Canyon Reclamation Power Plant, and Anderson
Ranch Reclamation Power Plant at the cost of production and
delivery to Burley in accordance with understandings and
commitments made by the Secretary in acquiring the plants, the
reclamation laws, and contracts for electric power in existence
of the date of enactment of this Act.
(2) Right of first refusal.--If the United States decides
to transfer out of Federal ownership title to the Minidoka
Power Plant or Dam, the Secretary shall grant to entities
entitled to storage water in Lake Walcott (the reservoir
created by Minidoka Dam) under spaceholder contracts with the
United States a right of first refusal to acquire the power
plant or dam and related facilities at such reasonable cost and
subject to such terms and conditions as may be agreed on by the
spaceholders and the Secretary.
(e) Right of Joint Use.--Burley shall continue to recognize the
right of Minidoka Irrigation District to the joint use of the gravity
portion of the Southside Canal being transferred to Burley, subject to
compliance by the Minidoka Irrigation District with the terms and
conditions of a contract between Burley and Minidoka Irrigation
District, and any amendments or changes made by agreement of the
irrigation districts.
(f) Liability.--
(1) In general.--Effective on the date of conveyance of the
lands, easements, and rights-of-way under subsection (b), 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 conveyed lands, easements, and right-of-way,
except for damage caused by an act of negligence or other
tortious conduct committed by the United States or by its
employees, agents, or contractors of the United States before
the conveyance.
(2) No increase in liability.--Paragraph (1) does not
increase the liability of the United States beyond that
currently provided in chapter 171 of title 28, United States
Code (commonly known as the ``Federal Tort Claims Act'').
(f) Completion of Conveyance.--
(1) In general.--The Secretary shall complete the
conveyance under subsection (b) (including such action as may
be required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.)) not later than 2 years after the date
of enactment of this Act.
(2) Default.--If the conveyance is not completed by January
1, 2000, through no fault of Burley--
(A) the right, title, and interest of the United
States described in subsection (b)(1) are conveyed to
Burley on that date by operation of law; and
(B) the Secretary shall provide evidence of the
conveyance at the request of Burley. | Directs the Secretary of the Interior to convey to Burley Irrigation District, by quitclaim deed or patent, withdrawn and acquired lands, easements and rights-of-way of the Southside Pumping Division of the Minidoka Project, Idaho, together with improvements or appurtenances to the land or used for the delivery of water from the headworks of the Southside Canal at the Minidoka Dam and reservoir to the land within the District, including the electric transmission lines used for the operation of the pumping facilities of the Project for which allocable construction costs have been fully repaid. Requires the cost of such transfer and related activities to be equally shared between the United States and the District up to a total cost of $80,000, at which time the United States shall pay all remaining costs.
Requires the Secretary to transfer to the District all natural flow, waste, seepage, return flow and groundwater rights held by the Secretary for the benefit of, and for the use on, the land within the District. Affirms the allocation of storage space in Minidoka, American Falls, and Palisades reservoirs to the District in accordance with the terms of specified contracts, subject to the requirement that the District continue to assume its allocable costs of operation and maintenance associated with such storage facilities.
Requires the Secretary: (1) to continue to provide the District with a permanent right to project reserve power from specified power plants; and (2) upon the decision of the Federal Government to transfer ownership to the Minidoka Power Plant or Dam, to grant to those entities entitled to storage water in Lake Walcott under Federal spaceholder contracts a right of first refusal to acquire such Power Plant or Dam and related facilities.
Requires the District to continue to recognize the right of Minidoka Irrigation District to joint use of the gravity portion of the Southside Canal being transferred to the District, under specified conditions.
Requires the Secretary to complete the transfer no later than two years after the enactment of this Act. Provides that if the transfer is not completed by January 1, 2000, the U.S. title and interest cited in this Act shall be conveyed to the District on that date by operation of law. | To authorize the Secretary of the Interior to convey certain facilities of the Minidoka project to the Burley Irrigation District, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research for Competitiveness Act''.
SEC. 2. NATIONAL SCIENCE FOUNDATION INDUSTRIALLY-RELEVANT RESEARCH
AWARDS.
(a) In General.--The Director of the National Science Foundation
shall carry out a program to award competitive grants to scientists and
engineers at the early stage of their careers at institutions of higher
education and research institutions to conduct high-risk, high-return
research in areas relevant to industry.
(b) Size and Duration of Award.--The duration of awards under this
section shall be 5 years, and the amount per year shall be $50,000.
Additionally, if an award recipient receives funding from United States
industry for work in the area described in the recipient's application
for the award, then up to an additional $50,000 may be provided each
year as a one-to-one match to such industry funding.
(c) Eligibility.--Award recipients shall be individuals who are
employed in a tenure-track position as an assistant professor or
equivalent title, or who hold an equivalent position, at--
(1) an institution of higher education in the United
States; or
(2) an organization in the United States that is a
nonprofit, nondegree-granting research organization such as a
museum, observatory, or research laboratory.
(d) Application and Selection Process.--
(1) Initial application.--Applicants for awards under this
section shall submit to the Director--
(A) a curriculum vitae or resume, including a list
of publications and a description of any activities
demonstrating leadership or educational activities;
(B) a description of research areas of interest;
(C) letters of recommendation; and
(D) any other materials the Director requires.
(2) Further consideration and selection.--The Director
shall convene review panels to make recommendations, based on
application materials received under paragraph (1), of which
candidates are qualified to be finalists for the award. Based
on these recommendations, the Director shall select finalists,
who shall then be interviewed by panels of experts who shall
make recommendations to the Director on the recipients of the
awards. The Director shall make awards based on these
recommendations.
(e) Composition of Review Panels.--The panels reviewing
applications and interviewing finalists as described in subsection (d)
shall include representatives from a range of industries.
(f) Criteria for Awards.--In establishing criteria for evaluation
of applications for grants under this section, the Director shall
include--
(1) the potential of the applicant for leadership at the
frontiers of knowledge;
(2) the potential innovative or transformative nature of
research in the areas of interest described in the application;
(3) the creativity demonstrated in the applicant's past
research activities; and
(4) the potential relevance to industry of research in the
areas of interest described in the application.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the National Science Foundation to
carry out this section--
(1) $3,000,000 for fiscal year 2007;
(2) $6,000,000 for fiscal year 2008;
(3) $9,000,000 for fiscal year 2009;
(4) $12,000,000 for fiscal year 2010; and
(5) $15,000,000 for fiscal year 2011.
SEC. 3. DEPARTMENT OF ENERGY INDUSTRIALLY-RELEVANT RESEARCH AWARDS.
(a) In General.--The Under Secretary for Science of the Department
of Energy shall carry out a program to award competitive grants to
scientists and engineers at the early stage of their careers at
institutions of higher education and research institutions to conduct
high-risk, high-return research in areas relevant to energy production,
storage, and use.
(b) Participation of Department of Energy Organizations.--The
research, development, demonstration, and commercial application
programs of the Office of Science, the Office of Nuclear Energy
Research and Development, the Office of Fossil Energy, and the Office
of Energy Efficiency and Renewables may participate in the program
established under subsection (a).
(c) Size and Duration of Award.--The duration of awards under this
section shall be up to 5 years, and the amount per year shall be
$50,000. Additionally, if an award recipient receives funding from
United States industry for work in the area described in the
recipient's application for the award, then up to an additional $50,000
may be provided each year as a one-to-one match to such industry
funding.
(d) Eligibility.--Award recipients shall be individuals who are
employed in a tenure-track position as an assistant professor or
equivalent title, or who hold an equivalent position, at--
(1) an institution of higher education in the United
States; or
(2) an organization in the United States that is a
nonprofit, nondegree-granting research organization such as a
museum, observatory, or research laboratory.
(e) Application and Selection Process.--
(1) Initial application.--Applicants for awards under this
section shall submit to the Under Secretary--
(A) a curriculum vitae or resume, including a list
of publications and a description of any activities
demonstrating leadership or educational activities;
(B) a description of research areas of interest;
(C) letters of recommendation; and
(D) any other materials the Under Secretary
requires.
(2) Further consideration and selection.--The Under
Secretary shall convene review panels to make recommendations,
based on application materials received under paragraph (1), of
which candidates are qualified to be finalists for the award.
Based on these recommendations, the Under Secretary shall
select finalists, who shall then be interviewed by panels of
experts who shall make recommendations to the Under Secretary
on the recipients of the awards. The Under Secretary shall make
awards based on these recommendations.
(f) Composition of Review Panels.--The panels reviewing
applications and interviewing finalists as described in subsection (e)
shall include representatives from a range of industries.
(g) Criteria for Awards.--In establishing criteria for evaluation
of applications for the grants awarded under section (a), the Under
Secretary shall include--
(1) the potential for leadership at the frontiers of
knowledge by the applicant;
(2) the potential innovative or transformative nature of
research in the areas of interest described in the application;
(3) the creativity demonstrated in the applicant's past
research activities; and
(4) the potential relevance to industry of research in the
areas of interest described in the application.
(h) Collaboration With National Laboratories.--In awarding grants
under this section, the Under Secretary may give priority to
applications in which the proposed work includes collaboration with the
Department of Energy National Laboratories.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy to carry out this section--
(1) $2,000,000 for fiscal year 2007;
(2) $4,000,000 for fiscal year 2008;
(3) $6,000,000 for fiscal year 2009;
(4) $8,000,000 for fiscal year 2010; and
(5) $10,000,000 for fiscal year 2011.
SEC. 4. DEFINITION.
In this Act, the term ``institution of higher education'' has the
meaning given such term in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)). | Research for Competitiveness Act - Requires the Director of the National Science Foundation to carry out a program of awarding competitive grants to scientists and engineers at the early stage of their careers at institutions of higher education and research institutions to conduct, high-risk, high-return research in areas relevant to industry.
Directs the Under Secretary for Science of the Department of Energy to carry out a program of awarding competitive grants to scientists and engineers at the early stage of their careers at institutions of higher education and research institutions to conduct high-risk, high-return research in areas relevant to energy production, storage, and use. | To authorize the National Science Foundation and the research, development, demonstration, and commercial application programs of the Department of Energy to provide grants to early career researchers to conduct high-risk, high-return research in areas relevant to industry. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Integrity in Medicare Act
of 2016'' or ``PIMA of 2016''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Recent studies by the Government Accountability Office
(GAO) examining self-referral practices in advanced diagnostic
imaging and anatomic pathology determined that financial
incentives were the most likely cause of increases in self-
referrals.
(2) For advanced diagnostic imaging, GAO stated that
``providers who self-referred made 400,000 more referrals for
advanced imaging services than they would have if they were not
self-referring'', at a cost of ``more than $100 million'' in
2010.
(3) For anatomic pathology, GAO found that ``self-referring
providers likely referred over 918,000 more anatomic pathology
services'' than they would have if they were not self-
referring, costing Medicare approximately $69,000,000 more in
2010 than if self-referral was not permitted.
(4) For radiation oncology, GAO found that intensity
modulated radiation therapy (IMRT) utilization among self-
referring groups increased by 356 percent, with overall
increases in IMRT utilization rates and spending due entirely
to services performed by limited-specialty groups. The GAO
concluded that ``the higher use of IMRT by self-referring
providers results in higher costs for Medicare and
beneficiaries. To the extent that treatment decisions are
driven by providers' financial interest and not by patient
preference, these increased costs are difficult to justify''.
(5) For physical therapy, GAO found that ``in the year a
provider began to self-refer, physical therapy service
referrals increased at a higher rate relative to non-self-
referring providers of the same specialty''.
(6) Noting the rapid growth of services covered by the in-
office ancillary services (IOAS) exception and evidence that
these services are sometimes furnished inappropriately by
referring physicians, the Medicare Payment Advisory Commission
(MedPAC) stated that physician self-referral of ancillary
services creates incentives to increase volume under Medicare's
current fee-for-service payment systems and the rapid volume
growth contributes to Medicare's rising financial burden on
taxpayers and beneficiaries.
(7) The President's Fiscal Year 2017 Budget includes the
change to remove the four services: advanced diagnostic
imaging, anatomic pathology, radiation oncology, and physical
therapy from the IOAS exception to the Stark Law and cited the
change as generating a savings score of $4,980,000,000 over 10
years. The nonpartisan Congressional Budget Office's analysis
of the President's Fiscal Year 2017 Budget listed the change as
generating a savings of $3,300,000,000 over 10 years.
(8) According to the Centers for Medicare & Medicaid
Services, a key rationale for the IOAS exception was to permit
physicians to provide ancillary services in their offices to
better inform diagnosis and treatment decisions at the time of
the patient's initial office visit.
(9) It is necessary, therefore, to distinguish between
services and procedures that were intended to be covered by the
IOAS exception, such as routine clinical laboratory services or
simple x-rays that are provided during the patient's initial
office visit, and other health care services which were clearly
not envisioned to be covered by that exception because they
cannot be performed during the patient's initial office visit.
(10) According to a 2010 Health Affairs study, less than 10
percent of CT, MRI, and Nuclear Medicine scans take place on
the same day as the initial patient office visit.
(11) According to a 2012 Health Affairs study, urologists'
self-referrals for anatomic pathology services of biopsy
specimens is linked to increased use and volume billed along
with a lower detection of prostate cancer.
(12) According to an October 2011 Laboratory Economics
report, there has been an increase in the number of anatomic
pathology specimen units billed to the Medicare part B program
from 2006 through 2010, specifically for CPT Code 88305, and
the rate of increase billed by physician offices for this
service is accelerating at a far greater pace than the rest of
the provider segments.
(13) According to a 2013 American Academy of Dermatology
Pathology Billing paper, arrangements involving the split of
the technical and professional components of anatomic pathology
services among different providers may endanger patient safety
and undermine quality of care.
(14) In November 2012, Bloomberg News released an
investigative report that scrutinized ordeals faced by
California prostate cancer patients treated by a urology clinic
that owns radiation therapy equipment. The report found that
physician self-referral resulted in a detrimental impact on
patient care and drove up health care costs in the Medicare
program. The Wall Street Journal, the Washington Post, and the
Baltimore Sun have also published investigations showing that
urology groups owning radiation therapy machines have
utilization rates that rise quickly and are well above national
norms for radiation therapy treatment of prostate cancer.
(15) According to a 2010 MedPAC report, only 3 percent of
outpatient physical therapy services were provided on the same
day as an office visit, only 9 percent within 7 days of an
office visit, and only 14 percent within 14 days of an office
visit. These services are not integral to the physician's
initial diagnosis and do not improve patient convenience
because patients must return for physical therapy treatments.
(16) Those services intended to be covered under the IOAS
exception are not affected by this legislation.
(17) The exception to the ownership or investment
prohibition for rural providers in the ``Stark'' rule is not
affected by this legislation.
(b) Purposes.--The purposes of this Act are the following:
(1) Maintain the in-office ancillary services exception and
preserve its original intent by removing certain complex
services from the exception--specifically, advanced imaging,
anatomic pathology, radiation therapy, and physical therapy.
(2) Protect patients from misaligned provider financial
incentives.
(3) Protect Medicare resources by saving billions of
dollars.
(4) Accomplish the purposes described in paragraphs (1),
(2), and (3) in a manner that does not alter the existing
exception to the ownership or investment prohibition for rural
providers.
SEC. 3. LIMITATION ON APPLICATION OF PHYSICIANS' SERVICES AND IN-OFFICE
ANCILLARY SERVICES EXCEPTIONS.
(a) In General.--Section 1877(b) of the Social Security Act (42
U.S.C. 1395nn(b)) is amended--
(1) in paragraph (1), by inserting ``, other than specified
non-ancillary services,'' after ``section 1861(q))''; and
(2) in paragraph (2), by inserting ``, specified non-
ancillary services,'' after ``(excluding infusion pumps)''.
(b) Increase of Civil Money Penalties.--Section 1877(g) of the
Social Security Act (42 U.S.C. 1395nn(g)) is amended--
(1) in paragraph (3), by inserting ``, unless such bill or
claim included a bill or claim for a specified non-ancillary
service, in which case the civil money penalty shall be not
more than $25,000 for each such service'' before the period at
the end of the first sentence; and
(2) in paragraph (4), by inserting ``(or $150,000 if such
referrals are for specified non-ancillary services)'' after
``$100,000''.
(c) Enhanced Screening of Claims.--Section 1877(g) of the Social
Security Act (42 U.S.C. 1395nn(g)) is further amended by adding at the
end the following new paragraph:
``(7) Compliance review for specified non-ancillary
services.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this paragraph, the
Secretary, in consultation with the Inspector General
of the Department of Health and Human Services, shall
review compliance with subsection (a)(1) with respect
to referrals for specified non-ancillary services in
accordance with procedures established by the
Secretary.
``(B) Factors in compliance review.--Such
procedures--
``(i) shall, for purposes of targeting
types of entities that the Secretary determines
represent a high risk of noncompliance with
subsection (a)(1) with respect to such billing
for such specified non-ancillary services,
apply different levels of review based on such
type; and
``(ii) may include prepayment reviews,
claims audits, focused medical review, and
computer algorithms designed to identify
payment or billing anomalies.''.
(d) Definition of Specified Non-Ancillary Services.--Section
1877(h) of the Social Security Act (42 U.S.C. 1395nn(h)) is amended by
adding at the end the following new paragraphs:
``(8) Specified non-ancillary services.--
``(A) Subject to subparagraph (B), the term
`specified non-ancillary service' means the following:
``(i) Anatomic pathology services, as
defined by the Secretary and including the
technical or professional component of the
following:
``(I) Surgical pathology.
``(II) Cytopathology.
``(III) Hematology.
``(IV) Blood banking.
``(V) Pathology consultation and
clinical laboratory interpretation
services.
``(ii) Radiation therapy services and
supplies, as defined by the Secretary.
``(iii) Advanced diagnostic imaging studies
(as defined in section 1834(e)(1)(B)).
``(iv) Physical therapy services (as
described in paragraph (6)(B)).
``(v) Any other service that the Secretary
has determined is not usually provided and
completed as part of the office visit to a
physician's office in which the service is
determined to be necessary.
``(B) The term `specified non-ancillary service'
does not include the following:
``(i) Any service that is furnished--
``(I) in an urban area (as defined
in section 1886(d)(2)(D)) to an
individual who resides in a rural area
(as defined in such section); and
``(II) to such individual in its
entirety on the same day as the day on
which, with respect to the condition
for which the service is furnished, the
initial office visit of the individual
for such condition occurs.
``(ii) Any service that is furnished--
``(I) by a provider of services or
supplier participating in an
accountable care organization that
participates in the shared savings
program established under section 1899;
and
``(II) to a Medicare fee-for-
service beneficiary (as defined in
section 1899(h)(3)) assigned to such
accountable care organization.
``(iii) Any service that is furnished by a
provider or supplier pursuant to the
participation of the provider or supplier in a
payment and service delivery model selected
under section 1115A(a).
``(iv) Any service that is provided by an
integrated health care delivery system.
``(9) Integrated health care.--The term `integrated health
care delivery system' means a group practice, as defined by the
Secretary, that--
``(A) consists of at least--
``(i) primary care physicians who provide
primary care services (as defined in section
1842(i)(4)); and
``(ii) seven or more different and distinct
physician specialties (not including
subspecialties) which are practiced by
physicians who are board certified in the
physician specialty associated with the
services that they provide;
``(B) is governed by a governing body that has made
a determination (and has documented such determination)
that the system is focused on--
``(i) promoting accountability for the
quality, cost, and overall care for individuals
entitled to benefits under part A or enrolled
in part B, including by managing and
coordinating care for such individuals; and
``(ii) encouraging investment in
infrastructure and redesigned care processes
for high quality and efficient service delivery
for patients, including individuals described
in clause (i); and
``(C) meets, with respect to the program under this
title, such cost reduction and quality goals as the
Secretary determines appropriate.''.
(e) Construction.--Nothing in this section (or the amendments made
by this section) shall be construed to affect the authority of the
Secretary of Health and Human Services to waive under section 1899 of
the Social Security Act (42 U.S.C. 1395jjj) the requirements imposed
under the provisions of this section (or such amendments) or to affect
the authority of the Secretary to implement the provisions under
section 1848(q) of such Act (42 U.S.C. 1395w-4(q)) (relating to the
eligible professionals Merit-Based Incentive Payment System under the
Medicare program) or section 1833(z) of such Act (42 U.S.C. 1395l(z))
(relating to incentive payments for participation in eligible
alternative payment models under such program).
(f) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after the first day of the
first month beginning more than 12 months after the date of the
enactment of this Act.
SEC. 4. CLARIFICATION OF CERTAIN ENTITIES SUBJECT TO STARK RULE AND
ANTI-MARKUP RULE.
Section 1877(h) of the Social Security Act (42 U.S.C. 1395nn(h)) is
further amended by adding at the end the following new paragraph:
``(9) Clarification of certain entities subject to anti-
markup rule.--In applying this section, the term `entity' shall
include a physician's practice when it bills under this title
for the technical component or the professional component of a
specified non-ancillary service, including when such service is
billed in compliance with section 1842(n)(1).''.
SEC. 5. CLARIFICATION OF SUPERVISION OF TECHNICAL COMPONENT OF ANATOMIC
PATHOLOGY SERVICES.
Section 1861(s)(17) of the Social Security Act (42 U.S.C.
1395x(s)(17)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) with regard to the provision of the technical
component of anatomic pathology services, meets the
applicable supervision requirements for laboratories
certified in the subspecialty of histopathology,
pursuant to section 353 of the Public Health Service
Act; and''.
SEC. 6. EXEMPTION FROM BUDGET NEUTRALITY UNDER PHYSICIAN FEE SCHEDULE.
Section 1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C.
1395w-4(c)(2)(B)(v)) is amended by adding at the end the following new
subclause:
``(VIII) Changes to limitations on
certain physician referrals.--Effective
for fee schedules established beginning
with 2017, reduced expenditures
attributable to the Promoting Integrity
in Medicare Act of 2016.''. | Promoting Integrity in Medicare Act of 2016 or PIMA of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to: (1) expand Medicare's prohibition on physician self-referrals to include, with specified exceptions, certain advanced imaging, anatomic pathology, radiation therapy, and physical therapy services; and (2) establish increased civil monetary penalties for violations of the self-referral prohibition with respect to those services. The Centers for Medicare & Medicaid Services shall conduct a compliance review with respect to such referrals. | PIMA of 2016 |